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HomeMy WebLinkAboutAddendum to Sienna Hills DAAddendum to Development Agreement (DA-06-10) ________________________________________________________________________________space above for recorders use only MODIFICATION OF DEVELOPMENT AGREEMENT APPLICABLE TO PARCEL by way of ADDENDUM To DEVELOPMENT AGREEMENT (DA-06-10) Recorded 10/29/2024, Instrument # 2024-034930 Subdivision referred to as Sienna Hills This Modification of Development Agreement Applicable to Parcel by way of Addendum to Development Agreement (“ADDENDUM”) to the Development Agreement (DA-06-10) (“ORIGINAL DA”), dated June 20, 2006, is executed as of the ___________day of _________, 2024 (“Effective Date”), by and between Seddie Caldwell II, LLC. (“DEVELOPER”), and the City of Caldwell, a municipal corporation of the State of Idaho (“CITY”), collectively referred to as (“PARTIES”). WHEREAS, the CITY, on June 5, 2006, approved Application(s) ANN-114-06 and SUB-141P-06 for Sienna Hills Subdivision and a Development Agreement (DA-06-10), based on current city codes, master plans, and policies; and WHEREAS, the PARTIES have determined the need to amend portions of the ORIGINAL DA to reflect the removal of Parcel R3298101000 (“PARCEL”) (as described in Exhibit A) from the original Sienna Hills Development from the ORIGINAL DA; and WHEREAS, the PARCEL as was removed from the Sienna Hills Subdivision Phases 3-11 preliminary plat in 2014 as part of SUB-02(P)-14; and WHEREAS, the DEVELOPER has submitted a new subdivision application for Tuscan Ridge Subdivision (SUB24-000029) for the PARCEL; and WHEREAS, the CITY and DEVELOPER have mutually agreed to amend the ORIGINAL DA so that it is no longer applicable to the PARCEL; and BE IT THEREFORE RESOLVED, the CITY and DEVELOPER agree to the following: 1. The PARCEL (Parcel R3298101000) (as more fully described in Exhibit A) shall no longer be subject to the provisions of the ORIGINAL DA (DA-06-10). Effective Date: This addendum shall become effective upon the signing and execution of this addendum by both parties. Addendum to Development Agreement (DA-06-10) IN WITNESS WHEREOF, the PARTIES have agreed and have executed this ADDENDUM. Dated this ________ day of _________, 2024. CITY OF CALDWELL, a municipal corporation organizes and existing under the laws of the State of Idaho By: ___________________________________ Jarom Wagoner, Mayor ATTEST: ______________________________________ Debbie Geyer, Caldwell City Clerk STATE OF IDAHO ) ) ss. County of Canyon ) On this ______ day of _________________, in the year ______, before me, the undersigned, a Notary Public in and for said State, personally appeared JAROM WAGONER, known to me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written. ___________________________________________ Notary Public Residing at: _________________________________ My Commission Expires: ______________________ Addendum to Development Agreement (DA-06-10) PROPERTY OWNER(S) / DEVELOPER: By:_____________________________________ _____________________, Seddie Caldwell II, LLC STATE OF IDAHO ) ) ss. County of Canyon ) On this ______ day of _________________, in the year ______, before me, the undersigned, a Notary Public in and for said State, personally appeared___________________________, known or identified to me to be an owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written ___________________________________________ Notary Public Residing at: _________________________________ My Commission Expires: ______________________ TUSCAN RIDGE PRELIMINARY PLAT BOUNDARY DESCRIPTION A parcel of land located in the W1/2 of the NW1/4 of Section 23, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: BEGINNING at the northwest corner of said Section 23, thence, along the north boundary of said W1/2 of the NW1/4, 1.N.89°37'45"E., 1325.25 feet to the northeast corner of said W1/2 of the NW1/4 (west one- sixteenth corner); thence, along the east boundary of said W1/2 of the NW1/4, 2.S.00°38'16"W., 2645.96 feet to the southeast corner of said W1/2 of the NW1/4 (center west one-sixteenth corner); thence, along the south boundary of said W1/2 of the NW1/4, 3.S.89°35'14"W., 1324.07 feet to the southwest corner of said W1/2 of the NW1/4 (east one quarter corner); thence, along the west boundary of said W1/2 of the NW1/4, 4.N.00°36'43"E., 1592.61 feet to the south boundary of Parcel II as described in Warranty Deed Instrument No. 2018-009381, records of Canyon County, Idaho; thence, along said boundary, 5.S.89°22'34"E., 262.60 feet to the southeast corner of said Parcel II; thence, along the east boundary of said Parcell II, 6.N.00°36'18"E., 251.03 feet to the northeast corner of said Parcel II; thence, along the north boundary of said Parcel II and the north boundary of Parcel I as described in said Warranty Deed Instrument No. 2018-009381, 7.N.89°21'08"W., 262.57 feet to said west boundary of said W1/2 of the NW1/4; thence, along said boundary, 8.N.00°36'43"E., 803.16 feet to the POINT OF BEGINNING. CONTAINING: 78.95 Ac. 4/29/24 Exhibit A