Oaks North and South Termination and Release of Development Agreement for MDA 13-015ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04125/14 10:55 AM
DEPUTY Bonnie Oberbillig ~II I'II'III'I'III'I'I'II~I'II'll'I'll
RECORDED-REQUEST OF
Meridian Ciry 114030974
When recorded, please return to:
City Clerk
CITY OF MERIDIAN
33 E. Broadway
Meridian, Idaho 83642
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT
This Termination and Release of Development Agreement ("Termination") is made by the City
of Meridian, an Idaho municipal corporation ("City"), for the benefit of Coleman Homes LLC, an Idaho
limited liability company, and successors and assigns ("Owner").
WHEREAS, City entered into that certain Development Agreement with Owner's predecessor-
in-title dated December 26, 2008, and recorded in the real property records of Ada County, Idaho, on or
about January 29, 2009, as Instrument No. 109009629 ("Old Development Agreement") as a condition
of annexation and zoning of approximately 318.75 acres of real property, as legally described in Exhibit
A attached hereto and incorporated herein by this reference as if set forth in full ("Old DA Property");
WHEREAS, on December 17, 2013, City approved certain Findings of Fact and Conclusions of
Law and Decision and Order which provide that the Old Development Agreement is terminated and the
Old DA Property shall be subject to a new development agreement;
WHEREAS, City desires to execute and record this Termination to memorialize that the Old
Development Agreement is terminated and no longer has any force or effect with respect to the Old DA
Property.
NOW, THEREFORE, in consideration of the recitals above, City declares and confirms that
the Old Development Agreement is hereby terminated and no longer has any force or effect with
respect to the Old DA Property identified in Exhibit A.
[end of text]
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IN WITNESS WHEREOF, the parties have executed this Tei7nination effective as of the
day of , 2014.
CITY: OWNER:
CITY OF MERIDIAN, an Idaho municipal COLEMAN HOMES LLC, an Idaho limited
corporation liability company ~
`~ ~ ~
/ ~;
Mayor Tami e Weerd ', ,<<_~>:,,~'°~;. Thomas Coleman, President
f ~jO: ~"~ ,'~
ATTEST:
aycee Iman, City C
STATE OF IDAHO )
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County of Ada )
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On this ~ ~ day of ~ ~,~,~ , 2014, before the undersigned notary public in and for the said
state, personally appeared Tamtny de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and
City Clerk of the City of Meridian and the persons who executed and attested the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
;'~~!' ~ '~ Notary Public for Idaho
' Residing at: f`~P y~4 ~ ~ ca K 1 ~
~~ ~' My Commission Expires: ~~ ~ v~ ~~ s r~ a ~
STATE OF IDAHO
:ss.
County of Ada )
On this day of G , 2014, before the undersigned notary public in and for the said
state, personally appeared Thomas Coleman, known or identified to me to be the President of Coleman Hoines LLC, an
Idaho limited liability company, and who subscribed said name to the foregoing inshvment and acknowledged to me
that he executed the same in said company name.
IN WIT);I~~~F~.,.i~~°~ have hereunto set. my hand and seal the day and year first above written.
~,oT~R r ~'~~
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N i ublic fo • Id,~~ho /~
PUeU~~ ~~ o. Residing at: /~~2:GC-C~~lt~'l.~'
• OQ` ~®°° My Commission Expires: ~~0?~/7
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EXHIBIT A
Legal Description of the Old DA Property
A parcel of land located in the NE'/a of the NE Y, and the NW'/ of the NW'/ of
Section 33, the S % of the NE Y and the S % of Saction 28, all located in T. 4N.,
R.1W., B.M., Ada County, Idaho more particularly described as follows:
Commencing at the Northeast comer of the said Section 33 from which the East
'/ corner of said Section 33 bears South 00°2T22" West, 2631.60 feet;
thence along the East boundary of said Section 33 South DO°2722" West, 169.00
feet to the REA4 POINT Of= BEGINNING;
thence continuing along said East boundary South 00°2T22" West, 626.39 feet;
thence leaving said East boundary line South 89°08'23" West, 246.54 feet;
thence South 06°37'22" West, 308.30 feet;
thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line
of the NE'/, of the NE'/< of said Saction 33;
thence along said West boundary line North 00°28'25" East, 1113.OD feet to the
E1116 corner of said Section 33;
thence along the north boundary line said Section 33 North 89°16'45" West,
1317.68 feet,to the N'/ comer of said Section 33;
thence along said North boundary line North 89°16'49" West, 1317.62 feet to the
W 1116 corner of said Section 33;
thence along the East boundary line of the NW "/< of the NW'/ of said Section 33
South 00°31'02" West, 1316.64 feet to the NW 1/16 corner of said Section 33;
thence along the South boundary line of the NW'/, of the NW '/4 of said Section
33 North 89°17'19" West, 89.91 feet; .
thence leaving said South boundary line North 76°42'21" West, 1259.37 fee# to a
point on the West boundary of said Section 33;
thence along said West boundary line North 00°32'39" East, 1042.47 feet to the
northwest corner of Section 33;
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thence along the West boundary line of said Section 2b North 01°00'42" East,
1315.38 feet to the S 1/16 corner of said Section 28;
thence along the North boundary line of the SW '/ of the SW '/4 of said Section
33 South 89°18'59'° East, 450.00 feet;
thence leaving said Narkh boundary line North 01°00'42" East, 774.71 fast;
thence North 89°21'17" West, 450.OD feet to a point on the West boundary said
Section 28;
thence along said West baundary line North 01°00'42" East, 540.97 feet to the W
'/< corner of said Seotion 28;
thence slang the North boundary of sa(d SW '/4 South 89°21'17" East, 1311.11
feet to the C-W 1116 wmer of said Section 28;
thence along the East boundary I(ne of the NW "/ of the SW Y4 of said Section 28
South QO°52'12" West, 16.99 feet;
thence leaving said East baundary line South 89°14'34" East, 789.50 feet;
thence North 64°D3'S4" East, 27.64 feet;
thence South 86°53'48" C-ast, 189.53 feet;
thence North 89°14'51" East, 20.04 feet;
thence South 70°27'50" East, 25.64 feet;
thenoe South 81°00'03" East, 36.69 fcaet;
thence South 88°50'13" East, 85.57 feat;
thence South 86°14'58" East, 63.62 feet;
thence North 89°18'37" East, 45.49 fe®t
thence South 78°07'47" East, 19,68 feat;
thence North 53°05'44" East, 16.53 feet to a point on the East boundary line of
the SW '/< of said Section 28;
thence along said East boundary line North 00°43'42" East, 24.35 feet to the C'/
corner of said Section 28;
thence slang the West boundary line of the NE'/ of said Section 28 North
00°43'58" East, 625.84 feet;
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thence South 77°58'14" East, 1338.14 feet to a point an the East Boundary iine
of the SW ''/ of the NE'/ of said Section 28;
thence along said East boundary line North 00°36'34" East, 293.64 feet;
thence South 89°31'36" East, 175,03 feet;
thence South 00°28'24'" West, 230:00 feet;
thence South 89°31'36" East, 1136.30 feet to a point on the East boundary iine of
said Section 28, said point also being on the existing Me~tdian City Limits boundary;
thence slang said East boundary iine and said City Limits boundary South
00°29'02" West, 214.51 Feet;
thence leaving said East boundary iine North 89°20'59" West, 1312.34 feet to a
point of the West boundary of the SE'/ of the NE % of said Section 28;
thence along said West boundary line South 00°36"34" West, 215.00 feet to the
C-E 1 /16 corner of said Section 28;
thence slang the East boundary of the W % of the SE'/ of said Section 28 South
00°37'35" West, 2635.75 feet #o the E 1/16 corner of said Section 28;
thence along the South boundary of said Section 28 South 89°16'45" East,
1059A8 fee4;
thence leaving ;>aid South boundary lin® South 00°27'22" West, 169.D0 feet;
thence South 89°16'45" East, 258.60 feet to the REAL POINT OF BEGINNING.
Gontaining 318.75 acres, more or less.
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