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Solterra RZ 13-015AGA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12 BOISE IDAHO 02114/14 10:~ AM DEPUTY Oail Qarrett III IIIIIIII~IIII'IIIIIIIIIIIII'III'll RECORDED-REQUEST OF Mer(dian City 114011562 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Capital Christian Center, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement , is made and entered into r,., ) this ~ ~ day of ~b r v ~r , 2014, b and between Cit of M ' ' ' ' Y y eridian, a municipal corporation of the State of Idaho, ereafter called CITY, and Capital Christian Center whose address is 2760 E. Fairview Avenue, Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER. 1. RECITALS: l .l WHEREAS, Owner is the sole owner, in law and/ore ui , of certain tract . q tY of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference inco orated . ~ herein as if set forth in full, herein after referred to as the Pro e ;and p ~Y 1.2 WHEREAS, Idaho Code ~ 67-6511 A provides that cities ma , b ordinance • .. Y Y require orpermit as acondition of re-zoning that the Owner/Developer make a written commitment concernin the use or develo ment of th ' g p e subj ect Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC" , which . } authorizes development agreements upon the annexation and/or re-zonin of g land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", re uestin a q g designation of C-G (General Retail and Service) (2.39 acres), L-0 Limited ( Office) (9.04 acres) and Medium High Density Residential District R-15 . ( ) (11.18 acres) zoning districts under the UDC and generally describen how g the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations atthe ublic heaein s p g both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be develo ed and . p what improvements will be made; and DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedin s for there uested ann ' g q exation and zoning designation of the subject Property held before the Plannin ~ Zonin g g Commission, and subsequently before the City Council, include res onses of ... p government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimon and comment• and Y , 1.7 WHEREAS, City Council, the 11 th day of Februa , 2014 the Meridian Ci • ~' ~ tY Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been inco orated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Develo er to enter into a p Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a develo ment p agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 201 l,Resolution No. l l -784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 1 1. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein rovided for, p 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 DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 2 OF 9 Idaho, organized and existing by virtue of law of the State of Idaho . ,whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Ca ital Christian Center p ,whose address is 2760 E. Fairview Avenue, Meridian, Idaho 83642 the that is . ~ p~Y developing said Property and shall include an subse uent Y q owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel s of Pro ert located () p Y in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned C-G (General Retail and Service 2.39 )( acres), L-0 (Limited Office) (9.04 acres) and Medium High Densi . ~' Residential District(R-15) (11.18 acres) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This A reement shall vest the g right to develop the Property in accordance with the terms and conditions of this A reement. g 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY; 5.1. Owner/Developershail develop the Property in accordance with the followin ., g special conditions: 5.1.1 Development of this site shall substantially comply with the preliminary plat, landscape plan and building elevations in Exhibit A.4, A.5 and A.6 of the Findings of Fact and Conclusions of Law, which are attached. 5.1.2 The residential portion of the development shall consist of a maximum of ninety-four (94) single family detached and single family attached homes. Prior to issuance. of a building permit for the single family attached homes, the applicant shall obtain approval of a Certificate of Zonin Com liance and . g p Design Review application. 5.1.3 Any expansion of the existing church and development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015.) PAGE 3 OF 9 5.1.4 With the development of the Solterra Subdivision the a lican pp t shall provide the following accesses to the commercial roe to the east arc p p ~Y (p el #S 1105449105) in accord with UDC 11-3A-3A as follows: a) stub a public street in the northeast corner as pro osed and• p b) grant across-access/ingress-egress easement and construct the commercial driveway to the east boundary as shown in Exhibit A.4 of the Findings of Fact and Conclusions of Law, which are attached. 5.1.5 All future development of the subject property shall com 1 with Ci of .. p Y tY Meridian ordinances in effect at the time of development. 5.1.6 The applicant shall construct the 10-foot multi-use athwa ad'acent to E. . p Y J Fairview Avenue with the first phase of development. 6. COMPLIANCE PERIOD This Agreement must be full executed within two 2 Y () years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, 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 terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developer shall have thirty (3 0) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180} days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 7.3 Remedies. In the event of default by OwnerlDeveloper that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliancewith all ap licable laws, p ordinances and rules, including any applicable provisions of Idaho Code ~ § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 4 OF 9 Fourth Judicial District Court in Ada Coun b either Ci or tY Y tY Owner/Developer, or by any successor or successors in title or b the assi ns Y g of the parties hereto. Enforcement may be sought b an a ro riate action at Y pp p law or in equity to secure the specific performance of the covenants agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be erformed p hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such erformance . p which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended b the y amount of time of such delay. 7.5 Waiver. A waiver by City of any default byOwner/Developer of an one or y more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of Cit Y nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon com letion of an . p Y portion or the entirety of said development of the Property as required by this Agreement or b Cit . Y Y ordinance or policy, notify the City Engineer and request the City Engineer's ins ections and written p approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Pro e p ~Y• 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit roof of such . p recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an a ro riate . pp p instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. 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 § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and acce ted b the p Y City. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 5 OF 9 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall besubject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 3 3 E. Broadway Ave. Meridian, Idaho 83642 OwNER/DEVELOPER: Capital Christian Center 2760 E. Fairview Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 3 3 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 1 S. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence .with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 6 OF 9 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer 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 subj ect to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer 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. 20.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning. designationand/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 7 OF 9 Ac~vowLE~MErrrs IN WTI~lESS WHEREOF, the parties have hezein executed this agreement and made it effective as hereinabove provided. OWNERlDEVELOPER: Capital Christian Center ..~a By CITY OF MERIDIAN ~~! By: Mayo y de Weerd ~ti I ~~~ f ~'~~ l,,i I J~. (.. ~.:fY ~.:. 1. 1... Jaycee .Holman, City Clerk ~ ' ~ ~"" 5~:: . w C'~, ~ f ;~.~ ~ ~ /1 of fhe TA~~~~~ DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 8 OF 9. STATE OF IDAHO } ss: County of Ada, } ,~.i-- _. On this ,~..,. day of ' 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~' , known or identifiied to me to be ~~.,~,~ ,,~,~sr ~ of Capital Christian Center, and acknowledged to me that he executed the same on behalf of said Church. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written (SEAL} SEAN EOWARD3 No~ry PuQ~c State o11d~Ao STATE OF IDAHO ) ,, : ~,, County of Ada } .~, ~~-~ N Public for Idaho 'esiding ax: ~ ~ ~ ~ N ~ My Commission Expires: ~~'-~.~ ~'r `~ On this 1 ~.~ day of ~~.~.~;'Y`-_ ,~, 2014, before me, a Notary Public, zsonali a eared Tammy de Weerd and Jaycee .Holman, know or identified to me to be the Pe y PP 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 W~SS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cercate first above wzxtten. ~~,,...~ ,~ ~,~~~' "~ ~ ~ , '~' k ~ '~`,,~- f ~. ~ SEAL ~ } ~ ~~ ~ No Public or Id ~ } y ~~ Residing at: ~ ,~ ~ -- ~~~ a. -'` * Commission expires: ~ ~. ~~ ~ ~.~~~,~ DEVELQPMfENT AGREEMENT -- S4LTERRA (RZ 13-015) PAGE 9 OF 9 EXHIBIT A l~~~Ah q~SC~IpT10N FQR ~~NB C-t3 ~- pa~'cei of tend ~C;~ted kt the Southwest 914 Q# the Southeast 114 of Becttfln ~, To~nshp 3 North,. range ~ fast, B~~e ratan, ~a Cvunty,l~daho. Big fut~er daso~#~ad as I~~: BABtS E}F SEARl~G~: 'rha South ~ c~ the S~utttaast 114 Sactton 5, To~n~htp 3 ~o~th, t~n~e ~ Bast, Bone ~a~ctn, derived from €~ mo~rnents ar~c1 taken as Borth d9°46'6" West h the distance b~~tran rn~unt~ found to be 2B43.g8 teat. CQI~E~iCtNC at the Stith 114 corner ~ Sactiah ~, T~~~~ ~ ~tor~~, ~ 1 Fait, Bone ~erkt~n; thence atong Routh Ana of the Seuthst 414 of the S~xeat 114 ©~ aatd :Section 5, Sauth 69'48'63" Fast a distance of !~U9.17 feet to the c~nterta of itfi ~o~ Way at~o ~q t~ f'~NT OF B~~#~1NlN~; there ~av satd South Itne, and a~~ sad centerttna, tUh t~'24'46" Fast a dtst~ o~ 77.86 fit; thence car~tnutng a saki car~ter~na atOng a torte to the eft with ~ radkt~ of 164.t~ feet and a central one of 26°Q4"~~" an arc ~n~{th of 81.94 feat nth a cord bear~g of North 12°37'43" Walt, and a cu`d ~~tance of 89.3 het; thence ~avir~ std r~ntne, ~Ic~th 72'55'47" Fact a dts of 71.79 ; thane etch a ~ the ~# r~tth a radtua of 1~0,0o feat apt a oe~tral 4f 1 ~°tl4'1 ~" an arc ~nh of 41,71 feet with a chord ac of North Q1°2T54" Fit, a a chord s +~f 4~1.l feat; thha North 90°`QO" Fast a distenca of 87,4T teat, tf~ce ~ a cite to the eft ~~h a ram ~` So.C~o feet a central errs cif 8~'t'S6" an arc nth of 77.75 f®et nth a d far of earth 45°27'0" ~a:~ a ~ ttarr~e of 70.1 feet; tf~nce Earth ~64'0~?" ~t a to c~ b3.75 ~6Qt, thence a a cure to fight with a ra~~ of ~4.~ feat ark a c~ntrat ~ of 89'39'14" a~n arc nth a# 76.92 feet nth a chid ar~g of Nc~th ~~°39'4" Fa~~ and a chord distac~ce c~ 7Q.41 feet; thane South Q9°34'41" Fast a distance of 134.78 het to Fast a~ sad S~r~t~t 1!4 of the Soth~ast 114, tt~enCa alb sad Fast Ana, nth o0'31'0l" Wept a dta of ~,~~ feat to the Southeast C0~"n~" of said S~thst 114 of the mast 1~4; thence alar~ ~ Sc~t`h fir, Edorth 89'4853" Meet a d~t~nce of 412,E ~~ ~i the Pt~EE~T 0-F B~QlI~N1~C~, Sad par~i c~rttatning 1,245 sqe feet +~ 2,38 ~~~e~ ~, gay, t'.l.S. 92~~ Try ~e 847 ~'erk Cerr~ra Way, Seta 3 E~arr~pa, fd~ho 851 ~~~ ~~~~~ a or Vie. Solterra - RZ 13-005 EXHIBIT A L~GAl. Dt;SCRIh'r101V ~~ft ~Ohf~ LwtJ A parcel ~ end l~~ed in the Ba~uthwest 114 cf the ~tneaai 1l4 cf ct~ 8, Town~h 3 Nth, Ram 1 i~aa#, i~o~€s i~ar~dian, Ada Cou~iy, I~a~so. Bed I~th~er dsacbsd ~s t~c~tws; BASS t)F BEAft1~lC~~: The Bauth one of t#~e ~outhea~t 4/4 of ~ect~n ~, Tc~mahlp ~ ~©rth, Rams 4 fast, Bone McE#an, derlwed from ~iur~ monuments and taken ae 89°48`!x" Vest nth the disten~ b~rt~ee~t monument find ~c be 2~3.~ Wit, COi~~f~NClN~ at the South 114 caner of cti~n f, Tov~nahip ~ ~c~th, Range 1 Bass, Boise ~ertd~rt; thence slang the nth one of the Southvst 11~ of Boutheast 114 cf sa~ld ~ec~lon 5,th 89`~8'6~" ~as# a dlsiance of 1,322,07 feet to the ~ouheast corn- sr c~ ~atd Bouvet 414 cf ~~~east 114; thence along fast ire ~ s Scyuth~t 114 crf the ~o~ttheast 414, hl+o~th o0'31~47" fast a dlstar~e of 33t~.8t~ feet to the POfNT 4F BECINI~INC; i~ence tear sad fast arts, forth 89°34'41" Wriest a ctlsta~ of 134.78 fe~rt; them a a curve to the eft ~wlth a radius of .~ feet a a central angle ~ 89°31'14" ~n arc length of 78.12 feet nth a chord been of Bow 4f~'3~42" W~lest, and a chord di~encs of 70,41 fit; thence ~4u QO°"~~" ~te~t a d~tancs v~ .~'~ ~t; thence dlo a cure to the r~ht with s ra~us of x00.00 feet a central ang~~ ofi ~9°~~'~~" an arc ~ngth c~ 77.78 feet nth a chord bearing of nth 4~'2T03" W'~est, and a chord d~a~ce of 70.18 feed ih~~nce t4orih °i~C-'~" Est a d#a ©f d7.+4T ~; ihe~s a~ a ~ to #~ tef# wrath a radius of 140.E fit and a central agile of 17°t~'43" an arc ~ ~ 44.71 t nth ~ d~rd b~arlnq of ~c~th ~1'ZT84" ~iesi, and a chid a of 44.66 fit; ~ ~uti'~ 72'58'47" W~esi a distance of 71.79 ~ t© the cee~s +o"f him lc~vey ~; tl~snce alc aa~d center~ne ffoing ~ve45~ cues: abng ~ ~ to the ~fi nth a rad ~ 180,E fit end a cs~tral afi ~ 3T'~5'48'" an arc firth c~ 14.8.84 t ~h a chord bsattt~g of ~~th 44°3`04" W'W'est, a a cad distance vrf 148,x} feet; nth 83'26'x" Meet a ctancs df 138.40 fit; a c~ ~ rht ~h a radius of 18Q.t}o het ~n+d a try of 24°4~ arc X7,50 fast ~ a chord bearif~g c~ ~~ih 61'06'Si8" WVt, aid a chard tang ~ 78,4 lrth 3~°46'3" Waat a fat ~ 192.88 feef; a a a ~ ~ left nth a rates of 4~,~ feat and ~ central arr~le ~ 40062~2u an arc ~ngfh ~# 13~i.7~1 t tth a chord bearing a~ i"~rth 48'41'x" Wtifast, and a cad ct of 138,01 Vii; ih a s ~nter~r~e, R~rth 31'22'x" Bait a ctence ~ 37.ag feet; theme aloe a cure to eft pith a r~s a~ 204.Q0 fe$t and a ~tttra ~e c~ °~~" an arc ~ngth 125,E feet nth a ohord bearing of Erlcrit~t 13®27`03" East, and a card distar of 423.88 Wit; theta Bch ~9'44'3~ fast ~ d~tance cf 878,6 het to said t*aai ~~; thence ~h 00°~~`07~ Wiest a distar~e a# 43,83 feet to a Pt~I~T ~F BBClhl~i~l~. Said ~rcel ctrl 393,834 square fi or 0.04 acres. R ~. , l',L.S,1243 Trine 8 847 Pant Cure Fay, ate 3 ~am~a, 84 X208} 4.85.6887 Solterra - RZ 13-005 EXHIBIT A ~EC~~ c~sc~lp~rw~f s~oR ZaN~ R»~~ A parcel of land ~cated In the Sou~th~vest 4!d of the Southeast 4/~ of Se~ion 6,1'c~nehip 3 Noah, Range 4 t~ast, Boise Meridian, Ada County, l~iahd. Being further deacdbed as l~o~s: BASIS ~~ B~~1RINaB: The South one al the Southeast 4!4 of Section S, Ta~-nehip 3 Nc~rtth, Range 1 Bast, Bore Mer~~an, d$rli tram laund monuments and taiCan as North 0g°4t3'S3" ~Ves# with the distance b®tween monents ~dund to be 2tji43.93 lest. C~i1i~BNCINt3 ~# the South 414 corner oi~ Se~tic-n t;, T~-hip 3 North, Rye 4 Bast, Bone Meridian; them a~~ th€ South line of tip Soothest 414 0l the Southeast 4!4 0l sa#d Section 5, South BO°~~'S3" Bait ~ distance of 4,322.07 teo# to the ;southeast corr~r ot: said Sauthvst 4!4 0# the ~~~a~t 414; thenoa abng the l~a~ line of ~a~ Sauth~est 41~ a! the S~thea~t 4I4, North ~°34'07" fast a distance of x'40.42 feet to the P'olh~~' OF B~~INNtN~, thence learg sa~1 East ~, North 89°4'30" blast ~ distance ~ 87~.5~ feet; thence born a tangent ~~ bears South ~4®28'x" fast, bong ~ curve to ~e r~ht with a radius of 2t~4.~ lest and a central ang~ 4f 35°80'x" an arc ngth o~ 425.Qg # t~th a chord bearir~ of South 43°2T0~" Est, a~ a chord distance of 423,t~ feet; thence South X4'22'08" Test a distence o4 3789 het to the center~ne of N Hickory Way; thence bong sak~f cer~ere, fang a curve to the t h a radius ~ 400.00 lest and a c~ntrai angle oloti'2Ti9" an arc ~~ x138.0$ t ~iith a chord beam of{North 64°24'3" Test, a~ a d dtae 3,47 ~~; thence iea~r skid dgi~-vt--gray ark a4ot~ t~ bo~rry a~l ire ~le~~ S N~.1~ North 4 4 °8"t~4" east a d~tance o~ 387.E lee#; thence aig b~uncry of Cave ~dc~ ~ Nfl.2,1'~c~th ~~°8'44"East a distance 4ti~.tX~ feet; thence cc~u ~ eery, ~iorth Qo'~T" fast a dis of 29.97 to the boundary of Pird St~liwbn 10.4; them along sad boundary, South 89°4~4'" Bit a dace of 773.40 feet to the Southeast corner of ~aokard Su#~dlon No.4 also .being the Nodhst of the Southrwest 4!4 ©f the So~~theast 4~ Sebt 5; thence ak~q the fast one al said Southst 41~ ~` the Southeast 414, South ~#'34'O7" V~leet a dis#an~ of X70.48 feet to tl~ p01NT t~l~ R~GINNItd~, Said parcel ~#a~r~ 487,o7g square 1t or 11.48 Russell ~. Sacley, ~.t..S.124 Tlmb~e 847 Pads centre Nay, Suite 3 Nampa, Idaho 83~~ 4 (200} 46~•~87 Solterra - RZ 13-005