Development Agreement - 2006 - Coast 2 Coast (Laguna Pointe) 2006 (EXPIRED) - 2/13/2006
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 04/13/06 03:10 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City of Eagle
AMOUNT
,00
22
11111111111111111111111" I1111II II III
106057133
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
RZ-2-03 MOD cc version
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and
through its Mayor, and Coast 2 Coast, LLC ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 2260 S.
Eagle Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal descriptions
(Exhibit C, D and E) which is the subject of an application for Rezone identified as Rezone
Application No. RZ-2-03 MOD; and
WHEREAS, the proposed development includes properties within an area currently
zoned A-R (Agricultural Residential District - one dwelling unit per five acres maximum), and
RUT (Rural Transition- one dwelling unit per five acres maximum); and
WHEREAS, on June 22, 2004, the City Council approved_R-2-DA-P (Residential two
dwelling units per acre maximum with development agreement PUD) and R-E-DA-P
(Residential Estate - one dwelling unit per two acres maximum with development agreement
PUD) zoning classifications to develop a residential subdivision development through a PUD on
the above described property, which is herein referred to as the "Property"; and
WHEREAS, the Owner desires a MU (Mixed Use) zoning classification to develop a
portion of the previously approved as Laguna Pointe Subdivision with some limited commercial
uses on an area of approximately 5.26 acres of the above described property, which is herein
referred to as the "Mixed Use Area" and is as specifically defined in the attached legal
description (Exhibit C); and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of the proposed residential use and limited commercial uses upon the
Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community; and
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WHEREAS, the intent of this Development Agreement is to protect the rights of 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 Owner has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a R-2-DA-P
(Residential two dwelling units per acre maximum with development agreement PUD), R-E-DA-
P (Residential Estate - one dwelling unit per two acres maximum with development agreement
PUD) and MU-DA (Mixed Use with development agreement) zoning designation for the Property
with the requirements set forth in this Development Agreement; and
WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit
the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1 (C)(1); and
WHEREAS, all exhibits (Exhibits A, B, C, D, E) are attached hereto and are incorporated
herein by reference; and
WHEREFORE, the Owner 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 amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to R-2-DA-P (Residential two dwelling units per acre
maximum with development agreement PUD), R-E-DA-P (Residential Estate - one dwelling
unit per two acres maximum with development agreement PUD) and MU-DA (Mixed Use
with development agreement) zoning designations, 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.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The Concept Plan (Exhibits A and B) represents the Owner's current concept for completion
of the project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
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community, a public hearing shall be held on any proposed change in the Concept Plan,
notice shall be provided as may be required by the City.
2.2 The use of motorized watercraft on the waterways within the development shall be prohibited
except that, if the City of Eagle modifies Eagle City Code prohibiting the use of motorized
watercraft (such as to allow watercraft with electric motors, for instance), then any such
permitted use will become a permitted use for the Laguna Pointe development.
2.3 The Owner shall submit a Design Review application for landscaping for the site (as required
by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.5 The applicant shall construct the Eagle Road access as proposed pursuant to current roadway
engineering standards.
2.6 The land zoned Mixed Use, herein referred to as "Mixed Use Area" includes an office site
adjacent to Eagle Road and a restaurant/specialty shop site adjacent to the internal lake (see
Exhibit B) and shall be permitted the following:
2.6.1 The office site shall be permitted a maximum of 12,000 square feet of Office-
Medical/Dental/Professional building area limited to single story construction;
2.6.2 The restaurant/specialty shop site shall be permitted a maximum of 12,000 square
feet for a two-story building for a restaurant with bar/lounge. An open-air deck is
permitted to extend off of the east side of the second stOry. The final size and
configuration of the deck shall be at the discretion of. and determined by the
Design Review Board. Said building may also include a clubhouse area, banquet
rooms, and or health and fitness facilities. Substantial landscape screening, to be
reviewed and approved by the Design Review Board, shall be required along the
north and south property lines;
2.6.3 A maximum of 5,000 square feet of building area shall also be permitted for the
restaurant/specialty shop site for those uses listed below. An open-air deck is
permitted to be constructed on top of the single stOry portion of the building that
is located on the northeast side of the main restaurant/specialty building. The deck
is permitted to extend off of the northwest and southeast sides of this portion of
the building. The final size and configuration of the deck shall be at the discretion
of. and determined by the Design Review Board. The floor area for these uses
shall be adjacent to the two story building and shall be limited to single story. The
following Mixed Use zoning district uses shown as permitted and conditional uses
in Eagle City Code shall be the only uses permitted for this building area:
Artist studios
Arts and crafts shows
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Bar (must be upscale in nature and included as an ancillary part of the
main restaurant facility)
Beautylbarbershop
Bed and breakfast facility
Catering service
Club or lodge
Food and beverage sales (This use is to be small scale and included with
the specialty shops)
Health clubs, spas, weight reduction salons
Home and business service
Massage spa
Museum
Office, business and professional
Personal improvement
Personal services
Photographic studio
Professional activities
Restaurant (no drive thru)
Retail sales (This use is to be small scale and included with the specialty
shops)
2.7 Building placement shall be designed such that parking areas are not concentrated
between the buildings and Eagle Road. The side of any buildings facing Eagle Road
shall be provided with enhanced architectural design elements and architectural relief.
2.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A
Permitted architecture styles are specifically those shown within the Eagle Architecture
and Site Design Book (EASD Book). Architecture styles and building design elements
that are not shown with the EASD Book will not be permitted.
2.9 In the MU-DA zone only, any/all activities conducted outside of a building shall be
prohibited from utilizing sound amplification at any time. This provision shall also
apply to the R-E-DA-P and the R-2-DA-P zones, so as to prohibit commercial
entertainment and/or commercial musical events. Furthermore, all outdoor activities
must meet the requirements of the City of Eagle noise ordinances. The Laguna Pointe
CC&Rs shall reference Eagle City Code 4-9-3 and additionally, include the following
language:
In the MU-DA zone only, any/all activities conducted outside of a building shall be
prohibited from utilizing sound amplification at any time.
Eagle City Code Section 4-9-3: PUBLIC DISTURBANCE NOISE PROHIBITED:
A Between the hours often o'clock (10:00) P.M. one day and seven o'clock (7:00)
AM. the next day, it shall be unlawful for any person or business to make or cause
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loud or offensive noise by means of voice, musical instrument, horn, radio,
loudspeaker, automobile, machinery, other sound amplifYing equipment, or any
other means which disturbs the peace, quiet, and comfort of any reasonable person
of normal sensitiveness residing in the area. Loud or offensive noise is that which
is plainly audible within any residence or business other than the source of the
sound, or upon a public right of way or street at a distance of one hundred feet
(100') or more from the source of such sound.
B. Due to extreme heat during the summer months of June, July and August
construction noise may begin at six o'clock (6:00) AM. (Ord. 457, 9-9-2003)
C. Due to extreme heat during the summer months of June, July and August landscape
maintenance noise may begin at six o'clock (6:00) AM. (Ord. 457, 9-9-2003)
If, however, the City of Eagle modifies the noise regulations within the City code then
the restrictions provided herein shall comply in all respects with the modified code.
2.10 As generally shown on the concept plan Exhibit B, the 100-foot wide buffer area
along Eagle Road may include the portion of right-of-way that tapers to an area of
approximately 60-feet further in depth from the street center line as compared with the
right-of-way width just south of Laguna Point. This will provide for a 100-foot wide
buffer consistent with the Lakemoor project to the south.
2.11 The applicant shall submit cut sheets showing details for all site and building
lighting for review and approval by the Design Review Board with the submittal of any
design review application. The plans shall show how the lighting will facilitate the
"Dark Sky" concept and will be constructed or shielded to project downward and not
horizontally.
2.12 Landscape buffers and building setbacks shall be generally as shown on Exhibit B
and shall comply in all respects with Eagle City Code.
2.13 A clear copy of Exhibit B shall be included in the CC&R's along with the
language from Sections 2.6, 2.61, 2.62, and 2.63 of this development agreement.
2.14 Within the twenty-five foot (25') wide easement along the South Channel of the
Boise River, and extending along the entire length of the development, construct a
minimum ten-foot (IO') wide pathway consisting of a compacted, crushed cinder
material. The pathway may be reduced in width and may be a natural surface only
where may be required by the Army Corp of Engineers to protect wetlands. Also, in
locations where the pathway is planned to not be within the 25-foot wide easement
additional easement area shall be provided as necessary. The final proposed design
and location of the pathway shall be reviewed and approved by the Park and Pathway
Development Committee prior to the submittal of a design review application. The
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pathway shall be constructed prior to the issuance of any building permits for homes
within the subdivision. This condition shall supercede site specific condition of
approval #5 noted within the Council's post mediation Findings of Fact and
Conclusion of Law document, dated July 13,2004.
ARTICLE III
AFFIDAVIT 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 Applicant or any successor 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 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. However, if a default occurs after the Property is divided, any termination shall only
affect the lot or parcel in default and shall not affect other portions of the Property.
4.2 If required to proceed in a court oflaw 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.
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 nevertheless remain in full force and
effect except that any portion determined to be invalid or unenforceable shall be re-negotiated
in good faith between the Applicant (or other appropriate party) and the City.
ARTICLE VI
ASSIGNMENT AND TRANSFER
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6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction contained herein
shall be a burden on the Property and shall be appurtenant to and for the benefit of the
Property and shall run with the land. This Development Agreement shall be binding on
Eagle and 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 Property is divided, each owner of a legal lot shall only be responsible for
duties and obligations associated with an owner's parcel and shall not be responsible for
duties and obligations or defaults as to other parcels or lots within the Property. 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 only to such
owner's lot or parcel.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions ofIdaho 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.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State ofIdaho in effect at the time of the execution ofthis 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;
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Eagle:
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
Coast 2 Coast, LLC
1665 W. Hill Road
Boise, Idaho 83702
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
7.7 Expiration. Approval for the development of the Mixed Use Area as shown on Exhibit B
expires seven (7) years after the Effective Date hereof, unless a building permit for building
and site improvements within the Mixed Use Area has been obtained and construction
pursued in accordance with Section 105.5 of the 2003 International Building Code.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ~~y of J:~4 ,,,/ f' 2006
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
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ATTEST:
1~~\( ~~
""'Sharort K. Bergmann, City Cle k
v~
lLThornton, Managing Member
STATE OF IDAHO )
: ss.
County of Ada)
On this ~'day of h klA...Qv LJ , 2006 before the undersigned notary public in and
for the said state, personally ~ C. MERRILL, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. ............."'"", ~' U Lr'
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.:~ ".,' , -{ '.'~ Notary Public for Idaho cI
Ie? / ",';" I .:~ "'. ~ Residing at: M~.J/'I' /'-1\-'- J ~
;~. ~ .r::: /: My Commission Expires: q - '( & -C q,
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STATE OF IDAH()/''J'' ".,."
: ss.
County of Ada)
On this J ~ay of kP~l{fU y , 2006 before the undersigned notary public in and
for the said state, personally appeared CRESTON THORNTON, MANGING MEMBER,
COAST 2 COAST, LLC, known or identified to me to be the owner of the property referenced
herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set m
above written.
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EXHIBIT "C"
1 of 3
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO B3714-2008
208-323-2288 . FAX 208-323-2399
boise@toengrco.com
IRECE"'VEC)i' FILED
CITY OF EAGLE
MAR 0 1 2006
I File:
_~~~:e _to.: _ __.
Project:
Date:
Revised:
Sheet:
03020
May 28, 2004
February 28, 2006
lof2
COAST TO COAST SUBDIVISION
Rezone From Ada County RUr? A-I<. 'Z..o~e TO MU-DA 7-DNt;
A parcel of land being a portion of Government Lots 3 and 4 of Section 21, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being a portion of that certain
117.51 acre parcel of land as shown on Record of Survey No. 3921, Ada County records. more
particularly described as follows:
COMMENCING at a brass cap monument marking the northwest corner of said Section 21 as
shown on said survey, from which corner, the west v.. corner of said section bears.
S.O I 011 ' 41 "W., 2625.95 feet; thence; along the westerly boundary of said section,
A) S.O I 0 II' 41 "W., 954.12 feet; thence,
B) N.68003 '51 "E., ] 41.48 feet to an iron pin marking the easterly right-ot~way linl' of
Eagle Road, on the left, (south) bank of the south channel III the BolSc' RI \ c'l :1.'
established by the Idaho Department of Lands on .\ugusl ~. I'J'J-I. allJ Ihl' PO 1"\1
OF BEGINNING; thence, along the exterior boundary of said parcel through thl'
following courses:
I) N,68003'51"L 141.90 feet: thence.
2) N.62029'Ol "E., 59.77 feet; thence.
3) N.58049'39"E.. 101.41 feet; thence.
4) S.37047'45"E., 290.75 feet; thence,
5) S.83037'30"E., 49.43 feet to the beginning of a tangent curve: thencl'.
6) Northeasterly along said curve to the left having a radius of 16.50 fl'eL an :llC
length 01'28.43 feet, through a central angle of9l\o-l4'21". anu a clwrd he:1rI11i-'
and distance ofN.4rOO'19"E.. 25.04 feet: thencl'. tangent from s:lid cur\ l'.
7) Northeasterly along said curve to the right having a radius of 28 1.50 feeL an
arc length of254.30 feet, through a central angle of 51 045'32". and a chord
bearing and distance ofN.23046'44"E., 248.07 feet: thence. non-tangent from
said curve,
8) S.43043 '20"E., 338.78 feet; thence,
9) N.460I6'40"E., 30.00 feet; thence,
10) S.43043 '20"E., 82.81 feet; thence,
I]) S.08009'02"E., 14.25 feet; thence.
12) N.67059' 19"W., 4.86 feet; thence,
13) S.5I020'2]"W.. 118.87 feet: thence.
1I:I03020IWPFILESISurveyIRevisedIExh-Rezone Ada County RUT La R-2 MU-DA-P-22 Zone (Reeoru)JUI2-21-(J(uloc
BOISE . COEUR d'ALENE . CALDWELL
EXHIBIT "C"
2 of 3
TOOTHMAN-ORTON ENGINEERING COMPANY
Project:
Date:
Revised:
Sheet:
18)
19)
20)
21)
22)
23)
24)
03020
May 28, 2004
February 28,2006
20f2
14)
15)
16)
17)
N.38039'39"W., 10.00 feet; thence,
S.51 020'21 "W., 41.28 feet; thence,
8.67033 '35"W., 227.14 feet to the beginning of a non-tangent curve; thence,
Northwesterly along said curve to the right having a radius of 180.00 feet, an
arc length of 73 .19 feet, through a central angle of 230 I 7' 46", and a chord
bearing and distance ofN.16031 '23"W., 72.68 feet; thence, tangent from said
line,
N.04052'30"W., 118.63 feet; thence,
N.83037'30"W., 198.40 feet to the beginning of a tangent curve; thence,
Southwesterly along said curve to the left having a radius of 180.00 feet, an
arc length of 217.20 feet, through a central angle of 69008'] 6", and a chord
bearing and distance ofS.61 048'22"W., 204.26 feet; thence, non-tangent from
said curve,
N.62042'02"W., 22.09 feet to the beginning of a tangent curve; thence,
Northwesterly along said curve to the left having a radius of ] 00.00 teet. an
arc length of 45.58 feet, through a central angle of 26006' 52", and a chord
bearing and distance of N. 75045'28"W., 45.18 feet; thence, tangent from said
curve,
N.88048'54"W., 131.63 feet; thence,
N.05022'13"E., ] 98.38 feet to the POINT OF BEGINNING.
CONTAINING 4.68 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, and any
Encumbrances.
EXHIBIT "B" attached, and by this reference, made a part hereof.
H:\03020IWPFlLES\SurveyIRevisedIExh-Rezone Ada County RUT to R-2 MU-DA-P-22 Zone (Record)lLH 2-21-06.doe
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EXHIBIT "C"
3 of 3
EXHIBIT
"B"
A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 4 OF SECTION 21,
TAN., R. 1 E., 8.M., CITY OF EAGLE, ADA COUNTY. IDAHO.
2006
17 16
20 21
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GOVT LOT 4
GOVT LOT 2
21
20
TOOTHMAN -ORTON ENGINEERING CO.
800
1200
ENGINEERS sur-.!VEYORS PLANNERS
9777 CHINDEN 80ULEVARD.. 801SE, IDAHO 83714- 2008
PHONE: 208-323-2288 . FAX: 208-323-2399
E-FILE:OJ080\Exh-Rezone RE-DA-P Zone 10 MU lone.d.g
DATlOI. ",-1J6
EXHIBIT "0"
1 of 4
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714.2008
208-323-2288 . FAX 208-323-2399
boise@toengrco,com
RECEiVED & FILED
CITY OF EAGLE
-'--'--"'--' - "~'-----"'-~--,
Project:
Date:
Revised:
Sheet:
03020
May 28, 2004
February 28, 2006
Ion
MAR 0 1 2006
File:
Route to:
COAST TO COAST SUBDIVISION
Rezone From Ada County RUT ~ A-I< "Z..ot-ie-- TO -1<'2...- DA- F "2..01-18'
A parcel of land being a portion of Government Lots 3 and 4 of Section 21 , Township 4 North,
Range I East, Boise Meridian, Ada County, Idaho, said parcel being a portion of that certain
117.51 acre parcel ofland as shown on Record of Survey No. 3921, Ada County records, more
particularly described as follows:
COMMENCING at a brass cap monument marking the northwest corner of said Section 21 as
shown on said survey, from which corner, the West 'I. corner of said section bears,
S.O I 011' 41 "W., 2625.95 feet; thence;
A) S. 75031 '27"E., 940.82 feet to the northerly boundary line of said A Parcel and the
POINT OF BEGINNING; thence,
I) S.lloOO'15"E., 482.74 feet; thence,
2) N.82003 'OO"E., 221.08 feet; thence,
3) S.00030' lO"E., 3 1.77 feet to the beginning of a non-tangent curve; thence,
4) Southeasterly along said curve to the right having a radius of 14.50 feet. an arc
length of 15.13 feet, through a central angle of 59047'54", and a chord bearing
and distance of S.68003 '03"E., 14.46 feet: thence, tangent fi'om said curve,
5) Southeasterly along said curve to the left having a radius of 59.00 feet, an arc
length of 102.47 feet, through a central angle 01'99030'43", and a chord
bearing and distance of S.87054'27"E., 90.07 feet; thence, non-tangent from
said curve,
6) Southeasterly along said curve to the right having a radius of 175.00 feel. an
arc length of 146.87 feet, through a central angle of 48005 '06", and a chord
bearing and distance of S.40012' 19"E., 142.59 feet; thence, tangent from said
curve,
7) S.16009' 46"E., 66.96 feet to the beginning of a tangent curve; thence.
8) Southeasterly along said curve to the left having a radius of 12500 reel. an arc
length of 60.00 feet, through a central angle of 2r3()" I3 '". and a chord hearJllt'
and distance ofS.29054'52"E., 59.43 feet; thence, tangent from said cune.
9) S.43039'59"E., 184.27 feet; thence,
I 0) Southeasterly along said curve to the left having a radius of 125.00 lCel. :111 drc
length of 55.0 I feet. through a central angle of 2 5" I 2' ,;h --. alld d l'ho!'d hC':lri 11"
and distance of S.560 16'27"E.. 54.57 feet: thence. tangent II-Dill said I ill',',
II) S.68052'55"E., 51.27 feet; thence,
11:\0302U\WPFILES\Survl:y\Rl:Vlsed\Exh-Rl.:lOne Ada COllnty RlTl' R2-f)A-P to Znnc (RCC(lrd) 2-:;] -()(l,ll, II
BOISE . COEUR d'ALENE . CAWWELL
---- --,.~--'---_...._._-"-~-----_..._-_.._.-
EXHIBIT "0"
TOOTHMAN. ORTON ENGINEERING COMPANY 2 of 4
Project:
Date:
Revised:
Sheet:
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)
32)
33)
34)
35)
03020
May 28, 2004
February 28, 2006
20f3
12)
13)
14)
15)
16)
17)
18)
19)
20)
S.26046'49"W., 42.89 feet; thence,
S.70028'09''E., 5.04 feet; thence,
S.26046'49"W., 137.68 feet; thence,
N.67059'19"W., 15.12 feet; thence,
S.26046'49"W., 180.21 feet; thence,
S.06043'09"W., 65.58 feet; thence,
S.83049'00"E., 35.25 feet; thence;
S.06043'09"W., 6.39 feet; thence,
S,37021 '41 "W., 427.06 feet to an angle point on the southerly boundary of the
above-described Record of Survey No. 392 L thencc. along said southerh line
through the following courses;
S.70ol5'4T'W" 79.45 teet; thence.
N.no31 '41 "W., 85.93 teet; thence,
N.66043 '35"W., 229.53 feet; thence.
N.60039'03''W., 305.31 feet; thence.
N.66055'28"W" 91.88 teet; thence,
N.70058'15''W., 256.39 feet to a point on the Corporate Boundary line ofthc
City of Eagle as described in Instrument No. 100058158. Ada County records;
thence, along said boundary line through the following courses:
N.04054'24"E., 60.95 teet; thence. leaving the southerly boundary of said
Record of Survey,
N.55046'25"W., 300.86 feet; thence,
N.05022'I3"E" 179.11 feet: thence.
S.88048'54"E., 131.63 teet to the beginning of a tangent curve: thence.
Southeasterly along said curve to the right having a radius of 1 OO.()() J'eL't. an
arc length of 45.58 feet, through a central angle of ~hO()6' 5~". cllld CI elh lid
bearing and distance ofS.75045'28"E" 45.18 feeL thence. tangcnt In\lll "lid
line,
S.62042'02"E., 22.09 feet to the beginning of a non-tangent curvc: thcnce.
Northeasterly along said curve to the right having a radius of 180.00 feet. an
arc length of 217.20 feet. through a central angle of 69008' 16". and a chord
bearing and distance ofN.61 o48'22"E., 204.26 feet; thence. tangcnt from said
line,
S.8303T30"E., 198.40 feet; thence;
S.04052'30"E., 118.63 feet to the beginning ofa tangent curve; thence,
H:I03020IWPFILESISurveyIRevisedIExh-Rezone Ada County RUT R2-DA-P to Zone (Record) 2-2t-06doc
---- -------._-_.,-_..._------~-_._-.__._-"---.._..__..
EXHIBIT "0"
3 of 4
TOOTHMAN-ORTON ENGINEERING COMPANY
Project:
Date:
Revised:
Sheet:
37)
38)
39)
40)
41)
42)
43)
44)
45)
46)
47)
48)
49)
50)
51)
52)
53)
54)
55)
56)
03020
May 28, 2004
February 28,2006
30f3
36)
Southwesterly along said curve to the left having a radius of ISO.OO teeL an
arc length 01'73.19 feet, through a central angle 01'23017'46", and a chord
bearing and distance of S.!603! '23"E" 72.68 feet; thence, tangent li'om ,;aid
line,
N.67033'35"E., 227.14 feet; thence,
N.5! 020'2] "E., 41.28 feet; thence.
S.38039'39"E., 10.00 feet: thence,
N.51 020'21 "E., !] 8.87 feet; thence;
S.67059' 19"E., 4.86 feet; thence,
N.08009'02"W., ]4,25 feet; thence.
N.43043'20"W., 82.8] feet; thence;
S.460I6'40"W., 30.00 feet; thence,
N.43043 '20"W., 338.78 feet to the beginning of a non-tangent curve: thcnce,
Southwesterly along said curve to the left having a radius of 281:;0 reel an
arc length 01'254.30 feet. through a central angle oj ~ 1-+~',2". al](1 :Ichllcl
bearing and distance ofS.23046'44"W" 24S.1J7 kell() [he lJl'gll1lllllg "1.1
tangent compound curve to the right; thence,
Southwesterly along said curve to the right having a radius of 16.50 JeeL al1
arc length of 28.43 feet, through a central angle of 98044 '21". and a chord
bearing and distance ofS.47000'!9"W., 25.04 teet: thence, tangent Jrom said
line,
N.83037'30"W., 49.43 feet; thence,
N.37047'45"W., 290.75 feet to an angle point on the northerly boundary of
the above-described Record of Survey No. 3921; thence, along said northerly
line through the following courses;
N.39002'56"E., 95.80 feet; thence,
N.500l2'34"E., 93.52 feet; thence,
N.48019'28"E., 108.52 feet; thence;
N.270l5'15"E., 144.52 feet; thence,
N.60031 '27"E., I 08.31 feet; thence,
N.40035'06"E., 145.83 feet; thence;
N.60022'42''E., 68.50 feet to the POINT OF BEGINNING.
CONTAINING 28.73 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, and any
Encumbrances.
EXHIBIT "B" attached, and by this reference, made a part hereof.
H:I03020IWPFllES\SurveyIRcvisedIExh-Rczone Ada County RUT R2-DA-P to Zone (Record) 2-21-06.doc
;1
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EXHIBIT "E"
1 of 4
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO B3714-2008
208-323-2288 . FAX 208-323-2399
boise@toengrco.com
RECEIVED & FILED
CITY OF EAGLE
Project:
Date:
Revised:
Sheet:
03020
May 28, 2004
February 28,2006
10f3
I MAR 0 1 2006
I File'
_ Rout~:
COAST TO COAST SUBDIVISION
Rezone From Ada County RUT Zone to RE-DA-P Zone
A parcel of land being a portion of Government Lots 2, 3 and 4 of Section 21, a portion of
Government Lot 6, and a portion of the SW1/4 of the SWl/4 of Section 16, Township 4 North.
Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being a portion orthat cert,lin
117.51 acre parcel of land as shown on Record of Survey No. 3921. Ada County records. l1lore
particularly described as follows:
COMMENCING at a brass cap monument marking the northwest corner of said Section 21 as
shown on said survey, from which corner, the west Y; corner of said section bears.
S.OJOll' 41 "W., 2625.95 feet; thence;
A) S.75031 '28"E., 940.77 feet to the northerly boundary line of said Record Of Survey,
and the POINT OF BEGINNING; thence, along the exterior boundary of said parcel
through the following courses:
I ) N. 60022 ' 42"E., 23.12 feet; thence,
2) N.55043'I3"E., 143,71 feet; thence.
3) N .50021' 55"E., 178.69 feet; thence,
4) N.33025'52"E., 77.65 feet; thence,
5) N.7I050'37"E., 122.00 feet; thence,
6) S.74046'37"E., 142.78 feet; thence,
7) S.52047'44"E., 178.18 feet; thence,
8) S.I3020'20"E., 72.01 feet; thence,
9) S.39053' 42"E., 102.52 feet; thence,
10) S.43051 '39"E., 88.11 feet; thence,
11) S.51 011 '01 "E., 119.53 feet; thence,
12) S.40002'22"E., 90.92 feet; thence,
13) S.7I 011' 18"E., 86.49 feet; thence,
14) S.23020'08"E., 100.81 feet; thence,
15) S.56023' 45"E., 97.09 feet; thence,
16) S.74059'3l"E., 120.47 feet; thence,
17) S.80050' 51 "E., 96.57 feet; thence,
18) S.84001'21"E., 72.41 feet; thence,
19) N.74049'51"E., 128.65 feet; thence,
20) N.65040'05"E., 80.21 feet; thence,
21) N.63046'24"E., 84.23 feet; thence,
H:\03020\WPFILES\SurveyIRevised\Exh-Rezone Ada County RUT to RE-DA-P.22 Zone (Record) 2-21-06.dllc
BOISE. COEUR d'ALENE . CALDWELL
EXHIBIT "E"
TOOTHMAN-ORTON ENGINEERING COMPANY 2 of 4
Proj ect:
Date:
Revised:
Sheet:
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)
32)
"")
-'-'
34)
35)
36)
37)
38)
39)
40)
41)
42)
43)
44)
45)
46)
47)
48)
49)
50)
51)
52)
53)
54)
55)
56)
57)
03020
May 28, 2004
February 28,2006
20f3
N.34044'35"E., 164.90 feet; thence,
N.360l0'26"E., 168.53 feet; thence,
N.84057'08"E., 133.69 feet; thence,
S.45023' II "E., 113.33 feet; thence,
S.4I057'20"E., 81.63 feet; thence,
S.56006' 10"E., I 02.87 feet; thence,
S.57005'38"E., 178.83 feet; thence,
S.65056'22"E., 135.90 feet; thence,
S.640I3'24"E., 134,29 feet; thence.
S.71 o06'36"E., 74.79 feet; thence,
S.64026'40"E., 44.55 feet; thence,
S.00026'41 "E., 129.79 feet; thence,
S.13008'14"E., 248.47 feet; thence,
S.48003' 47"E., 96.42 feet; thence,
S.64027'24"E., 119.96 feet; thence,
S.O I 018'20"W., 655.19 feet; thence.
S.8301l' 19"W., 405.08 feet; thence,
S.6l 006' 14"W" 207.90 feet; thence.
S.80046'55''W., 395.37 feet; thence,
N.75002'05"W., 352.21 feet; thence,
N.02031 '37"E., 136.79 feet; thence,
N.84039'52"W., 166.29 feet; thence,
S.80oll '57"W., 132.62 feet; thence,
N.82027'21"W., 122.14 feet; thence,
N.70055'49"W., 169.74 feet; thence,
N.64033'12"W., 189.55 feet; thence,
N.58035'08"W., 335.96 feet; thence,
N.830l6'5l "W., 70.71 feet; thence, leaving said line.
N.06043'09"E., 6.39 feet; thence,
N.83049'00"W., 35.25 feet: thence.
N.06043'09"E., 65.58 feet; thence.
N.26046' 49"E., 180.21 feet: thence.
S.67059'19"E., 15.12 feet; thence.
N.26046'49"E., 137.68 feet; thence.
N.70028'09''W., 5.04 feet; thence,
N.26046'49"E., 42.89 feet; thence,
H:\03020\ WPFILES\SurveyIRevised\Exh-Rezonc Ada County RUT to RL-IJA-P-22 Zonc (Record) 2-21-IJ6.doc
TOOTHMAN-ORTON ENGINEERING COMPANY
EXHIBIT "E"
3 of 4
Project:
Date:
Revised:
Sheet:
66)
67)
68)
03020
May 28, 2004
February 28, 2006
3 on
58)
59)
N.68052'55"W., 51.27 feet to the beginning of a tangent curve; thence,
Northwesterly along said curve to the right having a radius of 125.00 feet, an
arc length of 55.01 feet, through a central angle of250I2'56", and a chord
bearing and distance ofN.560I6'27"W., 54.57 feet; thence, tangent from said
curve,
N.43039'59"W., 184.27 feet to a point on a tangent curve; thence,
Northwesterly along said curve to the right having a radius of 125.00 feet an
arc length of 60.00 feet, through a central angle of 27030' I 3", and a chord
bearing and distance ofN.29054'52"W., 59.43 feet; thence, tangent from said
curve,
N. I 6009'46"W., 66.96 feet to the beginning of a tangent curve; thence,
Northwesterly along said curve to the left having a radius of] 75.00 feet. an
arc length of 146,87 feet, through a central angle 0(48005'06". and a chord
bearing and distance ofN.400l2' 19"W., 142.59 feet; thence. tangent hom
said curve,
Northwesterly along said curve to the left having a radius of 59.00 feet, an arc
length of 102.47 feet, through a central angle 01'99030'43", and a chord
bearing and distance ofN.87054'27"W" 90.07 feet; thence, tangent Ii'olll said
curve,
Northwesterly along said curve to the left having a radius of 14.50 feet, an arc
length of 15.13 feet, through a central angle of 5904 T 54", and a chord bearing
and distance ofN.68003'03"W., 14.46 feet; thence, non-tangent tj'OIll said
curve,
N.00030' IO"W., 31. 77 feet; thence,
S.82003 'OO"W., 221.08 feet; thence,
N.1 I oOO'15"W., 482.74 feet to the POINT OF BEGINNING.
60)
61)
62)
63)
64)
65)
CONTAINING 83.81 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way. and Easements of Record, and any
Encumbrances.
EXHIBIT "B" attached, and by this reference, made a part hereof.
H:I03020IWPFILESISurveyIRevisedIExh-Rezone Ada County RUT to RE-DA-P-22 Zone (Record) 2-21-06.duc
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