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Development Agreement - 2005 - Senora Creek Subdivision - 6/2/2005 RecorØing Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/09/05 01:25 PM DEPUTY AU Larrondo 1111111111111111111111111111111111111 RECORDED - REQUEST OF 105074630 City 01 Eagle AMOUNT .00 18 Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Goldcreek Developers, ILC, Meridian Joint School District No.2, and Eck Family Limited PartnershipÆck Children's Trust A/B, General Partner ("Property Owners"). WHEREAS, Goldcreek Developers, ILC is the owner of record of certain real estate located on the east side of Linder Road approximately 2,400-feet north of State Highway 44, Eagle, Idaho, ("Property I"), and located approximately 1,300-feet east of Linder Road and approximately Yz-mile north of State Highway 44, Eagle, Idaho, ("Property 2"), together as specifically defined in the attached legal description (Exhibit A) and together as shown on Exhibit B, which is, in part, subject of an application for rezone identified as rezone application no. RZ-6-04; and WHEREAS, Meridian Joint School District No.2 is the owner of record of certain real estate located on the east side of Linder Road approximately 1,750-feet north of State Highway 44, Eagle, Idaho, ("Property 3"), as specifically defined in the attached legal description (Exhibit C) and as shown on Exhibit D, which is, in part, subject of an application for rezone identified as rezone application no. RZ-6-04; and WHEREAS, the Eck Family Limited PartnershipÆck Children's Trust A/B, General Partner is the owner of record of certain real estate located on the east side of Linder Road approximately Yz-mile north of State Highway 44, Eagle, Idaho, (Property 4), as specifically defined in the attached legal description (Exhibit E) and as shown on Exhibit F, which is, in part, subject of an application for rezone identified as rezone application no. RZ-6-04; and WHEREAS, Property 1, Property 2, Property 3, and Property 4 together are shown on Exhibit G, a vicinity map; and WHEREAS, Property 1, Property 2, and Property 3, as described above, together are the Page 1 of 9 K:\Plalll1ing DeptlEagle Applications\RZ&A\2004\A-04-04 & RZ-Q6-04 senora creek da fll1al.doc subject of Ada County application # 03-15-S/O3-08-ZC/03-06-DAl03-13-PBA (Senora Creek Subdivision); and WHEREAS, Property 4 is the subject of Ada County application # 04-03-S/04-03-ZC/04- 02-DAl04-05-PBA (Senora Creek II Subdivision); and WHEREAS, Senora Creek Subdivision and Senora Creek II Subdivision have been combined into one final plat and have been approved by Ada County as one final plat called Senora Creek Subdivision, as shown on Exhibit H; and WHEREAS, Property 1, Property 2, Property 3, and Property 4 as described above, are currently located within Ada County and are zoned R4 (Residential); and WHEREAS, the Property Owners of Property 1, Property 2, and Property 4 desire an R-3- DA (Residential with development agreement) zoning classification for the Properties; and WHEREAS, the Property Owner of Property 3 desires a PS-DA (Public/SemiPublic with development agreement) zoning classification for the Property; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that allowing an R-3 zoning designation for Property 1, Property 2, and Property 4 and a PS zoning designation for Property 3 must be limited with a development agreement to prevent undue damage to, and to otherwise be in harmony with the Comprehensive Plan and the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of the Property Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Property Owners for Property 1, Property 2, and Property 4 have agreed to the conditions set forth herein upon the use and development of the Properties and have consented to an R-3-DA (Residential with Development Agreement) zoning designation for the Properties with the requirements set forth in this Development Agreement; and WHEREAS, the Property Owner for Property 3 has agreed to the conditions set forth herein upon the use and development of the Property and has consented to a PS-DA (Public/SemiPublic with Development Agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Property Owners for Property 1, Property 2, Property 3, and Property 4 have previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-1O-1(C)(1); and Page 2 of 9 K:\Plillming DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 senora creek da fmaLdoc WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and WHEREFORE, the Property Owners and the City of Eagle agree and understand that Property 1, Property 2, and Property 4 will be the subject of a larger planned unit development (PUD) application to include properties other than those mentioned herein for future review and action by the City of Eagle. The overall site of the larger pUD (Property 1, 2, and 4, and other adjacent properties) will be evaluated for compliance with the Eagle Comprehensive Plan and the Eagle City Code including such elements, but not limited to, overall density, common area landscaping design, usable open space elements, and street and sidewalk design; and WHEREFORE, the Property Owners and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance to annex Property 1, Property 2, Property 3, and Property 4 and to amend the Eagle Zoning Ordinance to rezone Property 1, Property 2, and Property 4 that is the subject of the application to an R-3-DA (Residential with Development Agreement) zoning designation, and to rezone Property 3 that is the subject of the application to a PS-DA (Public/SemiPublic) zoning designation after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. However, Eagle will not adopt the above mentioned ordinance to annex and rezone Property 1, Property 2, Property 3, and Property 4 until the final plat(s) for Senora Creek and Senora Creek II Subdivisions have been recorded. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 Property 1, Property 2, and Property 3 are subject to the provisions of the development agreement (instrument # 103206802) entered into between the undersigned and Ada County, dated December 10, 2003. Property 4 is subject to the provisions of the development agreement (instrument # 104118194) entered into between the undersigned and Ada County, dated September 8, 2004. 2.2 Property 1 shall be developed in accordance with the approval granted by Ada County for application # 03-15-S/03-08-ZC/03-06-DAl03-13-PBA (Senora Creek Subdivision); Property 4 shall be developed in accordance with the approval granted by Ada County for application # 04-03-S/04-03-ZC/04-02-DAl04-05-PBA (Senora Creek II Subdivision). The City of Eagle shall honor all development approvals granted by Ada County for Senora Creek Subdivision and Senora Creek II Subdivision and shall not seek to impose any Page 3 of 9 K:\Plarll1ing DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 senora creek da fmaLdoc additional subdivision requirements or subject the development of Property 1 and Property 4, as approved by Ada County, to any standards or regulations which are inconsistent with those under which said approvals were granted. It is understood and agreed by the parties, however, that upon and after annexation, Property 1 and Property 4 and the use thereof shall be subject to the general police power of the City of Eagle, to the extent the exercise thereof shall not conflict with the provisions of this Development Agreement. The building setbacks shall be those listed under Ada County Code Section 8-2B-2 for the R4 zone. 2.3 The common area and open space design for Property 1 and Property 4 shall be designed in compliance with Eagle City Code Section 8-2A- 7. 2.4 Property 2 and Property 3 do not have any vested development rights associated with the Ada County. These two properties shall comply with all applicable Eagle City codes at the time a development application is made to the City of Eagle. 2.5 Regarding Property 3, all buildings shall be designed in compliance with Eagle City Code Section 8-2A - Design Review. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). A design review application is required. ARTICLE III AFFIDA VIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67 -6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. Page 4 of 9 K:\Plarming DeptlEagle ApplicationslRZ&AI2004\A-O4-04 & RZ-O6-04 senora creek da fmaLdoc ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall remain R-3 (Residential) zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Property Owner (or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Property Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VII GENERAL MA TIERS 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. Page 5 of 9 K:\Plarming DeptlEagle Applications\RZ&A\2004\A-O4-04 & RZ-Q6-04 senora creek da fmaLdoc 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Property Owner and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owners: Goldcreek Developers, LCC 6223 Discovery Way Boise, ID 83713 Meridian Joint School District No.2 911 Meridian St. Meridian, ID 83642 Eck Family Limited PartnershipÆck Children's Trust AlB, General Partner 6152 W. Half Moon Ln Eagle, ID 83616 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty- four (24) hours after timely deposit with a reputable overnight delivery service. 7.6 Effecti ve Date. This Development Agreement shall be effecti ve upon the signing and execution of this agreement by all parties. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-years after the Effective Date, whichever occurs first. Page 6 of 9 K:\Plarll1ing DeptlEagJe ApplicationslRZ&A\2004\A-04-04 & RZ-O6-04 senora creek da fmaLdoc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this -þ- day of Jtt IV-, 2005. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ATTEST: ~ GA-- ~ Shar'6n K. Bergmann, City lerk Goldcreek Developers, ILC ~~~r By: -- ---- - -- -- -- -- -- - - - --- -- - - - - - - - - - - - - - - - - - - - - - - -- - ---- Meridian Joint School District No.2 By: ~ Linda Clark, Supe~ - --- -- - - - - - - ----- -- -- -- -- ---- -- -- - --- -- -- -- -- -- - - - - - -- Eck Family Limited PartnershipÆck Children's Trust A/B, General Partner ~~~~ Tim Eck, Trustee --- Page 7 of 9 K:\Plarming DeptlEagle ApplicationslRZ&AI2004\A-O4-04 & RZ-O6-04 senora creek da fmaLdoc STATE OF IDAHO) : ss. County of Ada) On this;{ day of ~/ , 2005, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRIIL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. STATE OF IDAHO) : ss. County of Ada) On this §)f¿ day of t I.., ,2005, hefore the undersigned notary puhlic in and for the said state, personally ap~T R. BASS, MANAGING MEMBER, GOLDCREEK DEVELOPERS, LLC, known or identified to me to be an owner of the property referenced herein and the person(s) who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set m above written. ..."""""'" ~~", '( W I~l '#,,# ~, ....G ...... C'<t "" ~.. ,,'{' .f18 ... ..~ !~.. .. ~ ~ /.. ~o'{ AR}'.. ~ : ~ '*: : _.- i : : * \ ,~.: \ PUB'-: ¡ .. .',S ~ ~ cJ>" .. ..... .. "'.. » .........:Q" ~.." ~....'" l'E Of \ ..."" ""'""""... and year first STATE OF IDAHO) : ss. County of Ada) On this J..4"~.! day of ~, 2005, before the undersigned notary public in and for the said state, personally appeared LINDA CLARK, SUPERINTENDENT, MERIDIAN JOINT SCHOOL DISTRICT NO.2, known or identified to me to be an owner of the property referenced herein and the person(s) who executed the foregoing instrument. Page 8 of 9 K:\Plalllting DeptlEagle ApplicationslRZ&A\2004\A-O4-04 & RZ-O6-04 senora creek do finaldoc IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first . ,'II---'.~ above wntten. "" PI. DV.h "##. ..'" t.... ". 'Y~ ~#. ~ ....""v'"';"""'.....""I.A., f)LJ+r- -,' ': Ii "" ~ . ..'Y ~ y~. .': ... ~ ~R l' \ ~ , [....": ~O\. {t : Notary Public for Idaho ~ .\. .... ,.' "CJ j ~ Residing at~ ~ ~.... P\J'&~ ...~/" My Commission Expires: 3-~7-()q ~ ... ... \.., .;,': ~, .$I]' ......"G ,<V ..:> "'" / TE 0 \ "", STATE OF IDAHO) """"""... : ss. County of Ada) ~ On this cQ{ø/i.. day of Q,\ , 2005, before the undersigned notary public in and for the said state, personally appeared 1M ECK, TRUSTEE, ECK FAMILY LIMITED PARTNERSHIPÆCK CHILDREN'S TRUST A/B, GENERAL PARTNER, known or identified to me to be an owner of the property referenced herein and the person(s) who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set m above written. .."""" --, ~"".. $ '{ AC t :;"""'- ~, ..""'.... . ¿ ~ ! ... -We. 'T~ '\ $,.... NO]' \(\ $ :: <1.p. ~ : : : '. J.: : -(I:I...ó , . . :.~~ û :: ~ ':7, ,". ð l. Ie /.... ~ .. . - .. ....- , ".... .,.:> "". . .: .. - 0 c....... .,' """" /.' ID A \\° ,.", """""""",.... Notary Public for Idaho Residing at: &;$;:- T d . My Commission Expires: IO!:1<;/MJ Page 9 of 9 K:\Plalllring DeptlEagle ApplicationslRZ&A\2004\A-O4-04 & RZ-O6-04 senora creek da fmal.doc EXHIBIT A PARCEL DESCRIPTION June 4. 2004 Project: SENORA CREEK SUBDMSION Apafcel of land being a part oithe northwest ',4 of Section 12 and all ofLat 2 of Park Lane Estates as shown in Book A of Plats at Page 17. Ada County Records. all in T. 4 N.. R. 1 W.. B.M.. City of Eagle. Ada County, Idaho. more particularly described as follows; COMMENCING at a 5/8" rebar/cap PLS 972 marking the southwest comer of said northwest '4 (west 1/4 comer) of Section 12; Thence South 89"24'09" East coincident with the south line of said uorthwest 114 a distance of 25.00 feet to a 5/8" rebar/cap PLS 5461 and the east right-of-way line ofN. Linder Road; Thence North 00"36'22" East coincident with said east right-of-way line of N. Linder Road. 582.63 feet to a V. " rebar/cap PLS 5461 and the POINT OF BEGINNING; Thence North 00°36'22" East coincident with said east right-of-way line ofN. Linder Road. 29.00 feet to a 5/8" rebar/cap PLS 5461; Thence South 89°23'38" East. 350.71 feet to a 5/8" rebar/cap PLS 5461; Thence North 00°36'11" East. 707.36 feet to a 5/8" rebar/cap PLS 972 and the north line of the southwest '4 of the northwest \4 of said Section 12; said Section 12, a distance of 947.15 feet to a 5/8" rebar/no cap marking the northwest comer ofLat 1 of said Park Lane Estates; Thence South 89"20'35" East coincident with said north line of the southwest 1/4 of the northwest '4 of feet to a 5/8" rebar/cap PLS 5461 marking the northwest corner ofLat 2 of said Park Lane Estates; Thence South 00"37'18" West coincident with the west line of said Lot ¡ of Park Lane Estates. 329.49 feet to a 5/8" rebar/cap PLS 5461 and the west right-of-way line ofN. Park Lane; Thence South 89"20'22" East coincident with the north line of said Lot 2 of Park Lane Estates. 1271.93 Thence South 00°40'54" West coincident with said west right-of-way line ofN. Park Lane. 330.38 feet to a 5/8" rebar/cap PLS 5461 and the south line of said Lot 2 of Park Lane Estates; Thence North 89"17'57" West coincident with said south line of Lot 2 of Park Lane Estates. 1271.58 feet to a 5/8" rebar/cap PLS 5461 marking the southwest comer of said Lat 2 of Park Lane Estates; Thence South 00"37'17" West, 658.97 feet to a 5/8" rebar/no cap on the south line of said northwest \4 of Section 12; Thence North 89"24'09" West coincident with said south line of the northwest 1/4 of Section 12 a distance of 441.06 feet; Thence North 00"28'24" East, 471.07 feet to a 1/2" rebar/cap PLS 5461: Thence North 89°23'38" West. 300.18 feet to a 1/2" rebar/cap PLS 5461; Thence North 00"36'22" East, 124.77 feet to a 1/2" rebar/cap PLS 5461 and the beginning ofa non- tangent curve to the right; Thence 20.14 feet along the arc of said non-tangent curve to the right, having a radius of 300.00 feet. a central angle of 03°50'50" and being subtended by a chord which bears South 76°13'04" West, 20.14 feet to the begìnning of compound curve to the right; SI:I10," Creek Subdivl51on 614104 AAUDSS 1:\Goldcn:ek Devclopt:lS\3 I 496lSunlcylSI:I1ora Boundary. No ScbooUxt ',." ':":""> « tt \1 Thence 77.00 feet along the arc of said curve to the right, having a radius of 354.00 feet, a central angle of 12"27'45" and being subtended by a chord which bears South 84°22'29" West. 76.85; Thence North 89"23'38" East, 459.24 feet to the POINT OF BEGINNING. The parcel above descnòed contains 32.53 acres. more or less. Together with and subject to covenants, easements, and restrictions of record. Basis of bearings fur this parcel is North 00"36'22" East between the west ~ corner and the northwest section comer, all in SectIOn 12, T. 4 N., R. 1 W., B.M., Ada County, Idaho. Davìd S. Short Jr. P.L.S. End of Description Senom Creek SubdivISIon 614/04 AAUDSS 1:\Go/dcredc Devclopcrs131496\Survcy\Senom Bound8I)l.No School.IX! Page2or2 EXHIBIT FOR SENORA CREEK SUBDIVISION NW CORNrR OF SEC. 12 ALL OF LOT B OF PARK LANE ESTATES AND A PORTION OF NJf 1/4 OF SECTION lB, ~~ ~RAft4g::4J2 T. 4 N., R. 1 Jr., BJI., ADA COUNTY, IDAHO 21.1.".n.0Å~ B004 .1.11.12 I 1 I r ~i~ ~~ "'10 p. OJ 5:0; !:j!'.l ",I~ ~ð S89'20'J5.E 947.15' ~¡e ~'§- r--------------lk ¡"J~O'49. ¡"I2r;.".,. ~ I~ ~; \oò, R.-JOO.OO' R.-Jð4.00' QI I I I§": T.-ICl.OB' T.-J8.BIS' :z:,':2'" I L.-2C1.14' L-77.00' :~ ~.~ ~ If> rO p f-t'+"1 I ~ 1..c.-2o.I..' Lc.-7IS.BS' ..¡. :z: ~ Ii! ,~ CH. BRNG.-H76'1J'CU.£ CIi, BRHG.-H&4'U'29"E: J '" , L- S 89'20'22" E 1271,9J' I/". ---------- ----- 1 ~ II SENORA CREEK SUIIDMSION I p'Q~er +, '2. Iii: I 8 32.83 Gore. ,.- '~r : 2:1 11o;iI! I , I ¡os! I -.JS ; N DO~5'22. 350.71- It! JCl.OO' S 89'2J';. E I r-----------~----- -_!:.!..J::l, H 8917'157" W 1271-58 1.\": 8if'J'Jr"l"7siu :;I, POIN'l' or I... /;)1 ~ BBG1:NNlNG 1 '" ~-¡ ~ H OO'Jf'~. £ J~rrw;::t ,~ '!o."'1 It) 12.4.77 la ~I ill Q~I ~ ~'I" ~)Ii I ~ SCHOOt. SIlt ' I - ~8¡ ~ 10.880.... ~I ,~ 2:, :z: ~' lit! m~ ~' J' 855.41' 2: .1 1. fT.ã---------------------------- Si"24'å7W '#i'06 W 114 CORNeR 01' SEC, 12 H 89'24'09. W 1:322 47' mo. 15 RÐW!/CAP LS 972 CORNER RECORD 1 BfiCUB2J ! -$- NOT TO SCAU m >< :r: OJ -I OJ EXHIBIT ( NOTE: This description is based upon Record of Survey No. 6116, Instrument No. 103059626. A boundary survey was not performed by the registrant whose signature and seal are affixed herewith to confirm or deny said record boundary. PARCEL DESCRIPTION May 12, 2003 PrOject SENORA CREEK (SCHOOL PARCEL) Project No.; 30972 A pan;el ofland located m the southwestll4 of the northwest 114 of SectIOn 12, Townsbtp 4 North. Range 1 West, Boise Meridian. Ada County, Idaho, more particularly descnòed as follows: Commencing at the west 114 comer of said Section 12. marked by a aJuDlInum cap, as shown on Record of Survey No. 6116. recorded as Instrument No. 103059626 as shown on IDe in the office of the Ada County Recorder and bemg the POINT OF BEGINNING; Thence North 00°36' 4" East comcident with the west line of said southwest 1f4 of the northwest 114 a distance of 586.6Ifeet; Thence South 89"15'46" East. 48420 feet to the beginning ofa tangent curve; Thence 97.14 feet along the arc of said curve to the left, havmg a radius of350.00 feet and being subtended by a chord bearing North 82°47'09" East 96.83 reel; Thence South 00"39'32" West, 129.23 feet; Thence South 89"20'28" East parallel with the south line of said southwest 1f4 of the northwest 1f4 a distance of 300.00 feet; Thence North 89"20'28" West coincident with said south IÚle of the southwest 1f4 of the northwest 1/4 a distance of880.00 feet to the POINT OF BEGINNING. Thence South 00"36'16" West, 469.98 feet to the south line of said southwest 1/4 of the northwest If 4; The parcel above described contains 11.05 acres more or less. Basis of Bearings for this parcel is North 00"36' 14" East between the West !to comer and the N 1/16 comer common to Sections II and 12. Together with and subject to covenants, easements, and restricbons of record. D vid S. hart Jr.. P .L.S. End of Description .5461 Scnom Creek 511212003 DSSlcp J- I<wcu J:IGoJdcreel< DevclopcrsIJ0972SenDni CreeklSurvcyllegalslschoollcgal 2nd Page I of 1 .£<:'6<:1 - \0 M,,<:r.6í".OOS "'0 """:0 .... on 'II'í1 ~<>: .4J '", ' .-' ~ ~... ¡,,~ ~ EXHIBIT D .96'69. M,,91.9£.ooS l'-J "'. !'g ¡¡¡g m'" '" PYDfvl-¡ 3 ~ "" .'" 8 ¡¡¡2 ~'" ¡;j IÈ ~... õ~ 0'" ~o 0- "'- O'IO/J tJ30Ml .19-9B> 3.Þ ,9£.oON ~ 0 '" Z- -0 ¡,,1;j ø EXHIBIT E NOTE: This description is 'based upon Record of Survey No. 4039, Instrument No. 97090065. A boundary survey was not performed by the registrant whose signature and seal are affixed herewith to confirm or deny said record boundary. PARCEL DESCRIPTION February 2, 2004 Project: Project No.: ~ SENORA CREEK (pARCEL 2 ROS 4039) 30972 A parcel ofland located in the southwest V. qfthe northwest V. of Section 12, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more particuJarly described as follows: COMMENCING at the west V. comer of said Section 12, marked by a aluminum cap, as shown on Record of Survey No. 4039, recorded as Instrument No. 97090065 as shown on file in Ada County Records; Thence North 00"36'22" East coincident with the west line of said southwest V. of the northwest V. of Section 12 a distance of659.66 feet (formerly North 00"36'14" East, 659.63 feet) to the southwest comer of Parcel 2 as shown on said Record of Survey No. 4039 and the POINT OF BEGINNING; .. Thence continuing North 00036'22"East coincident with the west line of said southwest V. of the northwest V. of Section 12 a distance of659.67 feet to the northwest comer of said Parcel 2; Thence South 89"21 '28" East coincident with the north line of said southwest V. of the northwest V. a distance of375.80 feet to the northeast comer of said Parcel 2; Thence South 00"36'22" West parallel with said west line of the southwest V. of the northwest V. a distance of 660.30 feel(formerly South 00"36'06" West, 660.32 feet) to the southeast comer of said Parcel 2; Thence North 89°15'43" West, 375.80 feet (formerly North 89°15'46" West, 375.63 feet) to the POINT OF BEGINNING. The parcel above described contains 5.69 acres more or less. Basis ofBeacings for this parcel is North 00°36'22" East between the West V. comer and the NlI16 comer common to Sections II and 12, both in Township 4 North, Range I West. Together with and subject to covenants, easements, and restrictions of record. David S. Short Jr. P.LS. End of Description License No. 5461 , ~ -.- I EXHIBIT F SENORA CREEK~SUBDIVISION PARCEL 2 }aJ (\ ~ (\ '" ~ 10 10 . "')0) . It) 010 0 ~ c ð1U a::: (\ ~ (\ I.O Q:: to ~ lA.J "') 0) C . It) z 0 1.0 - 0 -..I ~ W 1/4 COR SEC. 1 2 589'21'28"£ 375.80' Prðf.e.."'h.¡ Lf ¡: PARCEL 2 ~ ~ 1.0 . 248,023 sq. ft. :"> ~ 010 5.69 acres ~ N89'15 '4J"w 375.80' EXHIBit F POOR COpy I I I ---.J / / / // rIl --~~---- Vicinity Map Exhibit G N A Ke í\¡/ Roads - Eagle City limits . 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