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Development Agreement - 2019 - Barats - 12/11/2019 ADA COUNTY RECORDER Phil McGrane 2019-124420 BOISE IDAHO Pgs=27 LISA BATT 12/11/2019 12:46 PM EAGLE CITY NO FEE 111111111 II I II'lllll'III1IIII'II 1111111111 111111 00713312201901244200270276 Recording Requested By and When Recorded Return to: City of Eagle 660 E.Civic Lane 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 Jenny Creek,LLC("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 543 North Eagle Road,Eagle,Idaho,("Property"),as specifically defined in the attached legal description(Exhibit A)which is the subject of an application for Rezone identified as Rezone Application No. RZ-06-19; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential);and WHEREAS, the Owner desires a MU-DA (Mixed Use with Development Agreement) zoning classification to develop a residential multi-family four-plex use on the above described property,which is herein referred to as the"Property"; and WHEREAS,the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential project upon the Property must be limited with the use of a development agreement to prevent undue damage to,and to otherwise be in harmony with,the existing community;and 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 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 provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement(Exhibit B)pursuant to Eagle City Code Section 8-10-1(C)(1)and be bound by same; and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference;and Page 1 of 7 KAPlanning DeptTagle App1icationsRZ&A\2O19\RZM649 Barats da fnl ver.docx 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 This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code,Title 8,Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the MU-DA District (Mixed Use with Development Agreement), 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 III CONDITIONS ON DEVELOPMENT 3.1 One multi-family four-plex dwelling unit shall be permitted on the Property. 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review,design review,preliminary and final plat reviews,and/or any conditional use permits,if applicable,and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)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 or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community,a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.4 The building elevations(Exhibit D)consisting of a prairie school style of architecture represents the Owner's current concept for the project and are subject to change at the discretion of the Design Review Board. Owner shall submit a design review application for the proposed buildings (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board and/or City Council prior to the issuance of a zoning certificate. 3.5 Owner shall complete the Design Review process for the site and the building(as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.6 All fencing on the Property shall be in conformance with Eagle City Code Section 8-2-3(B)prior to the issuance of a certificate of occupancy. Page 2 of 7 KAPlanning DeptTagle Applications\RZ&A\2019\RZ-06-19 Barats da fnl ver.docx 3.7 Setback requirements shall be as follows: Front 20-feet Rear 20-feet Side 7.5-feet(includes second story setback up to two(2)stories) Street Side 20-feet Maximum coverage 50% 3.8 Access shall be provided to the Property via a shared access point from Eagle Road as identified in Exhibit"E". 3.9 The Property is required to connect to the central water and sewer systems. The Property shall be irrigated with the existing onsite well system. 3.10 Owner shall place a 4' x 8' sign for the multi-family four-plex containing information regarding the proposed development. The multi-family four-plex sign shall be located along North Eagle Road. The multi-family four-plex sign shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. The multi-family four-plex sign shall be reviewed and approved by staff prior to installation of the sign. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement(Exhibit B)and be bound thereby,and comply with and be bound by 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 V DEFAULT 5.1 In the event the Owner 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. In the event this Development Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an R-4 (Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the R-4(Residential)zoning designation. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement,the prevailing party 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. 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509,as required by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an R-4 (Residential)zoning designation until Eagle enacts and records an ordinance changing the property to the R-4(Residential)zoning designation. Page 3 of 7 KAPlanning DeptTagle Applications\RZ&A\2019\RZM6-19 Barats da fill ver.docx ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, 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 Development Agreement shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re-negotiated in good faith between the Owner(s)(or other appropriate party)and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution,the Development Agreement shall be recorded in the office of the County Recorder at the expense of the 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 bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 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. 8.2 Paragraph Headiness. 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. 8.3 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. 8.4 Legal Representation. Both the 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. Page 4 of 7 K:P1anning DeptTagle Applications\RZ&A\2019\RZ-06-19 Barats da fnl ver.docx 8.5 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 660 E.Civic Lane Eagle,Idaho 83616 Owner: Jenny Creek,LLC Attn.:Kurt Barats 606 West Stillwell Drive Eagle, Idaho 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. 8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees,together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or,if Owner has made a cash deposit with Eagle,Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit,and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced,then following thirty(30)days of written notice of such failure from Eagle,Eagle may draw upon the financial assurance provided by the Owner. Thereafter,if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance(whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees,Eagle shall release to the Owner the unused portion of the cash deposit or the letter of credit,as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material respect,the City may,without further notice to Owner,exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; Page 5 of 7 KAPlanning DeptTagle Applications\RZ&A\2019\RZ-06-19 Barats da fnl ver.docx E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately,at the sole discretion of the City. 8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties, and the performance of their covenants and obligations therein, the parties acknowledge such action has been duly authorized by all necessary corporate (or LLC)action, and necessary corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties. 8.10 Termination: If the conditions of development are not completed within 5-years of the effective date, this agreement shall terminate. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this (( VS of ,2019. CITY OF EAGLE, a municipal corporation organized and existin, der he 1 the tate of Idaho By: Stan Ridgeway,'Mayor AT y :T: f, j„,./ Sharon K.Bergmann,City Clerk Owner: Jenny Creek, LL ,an Aft li IA" company By: Kurt Barats,manager Page 6 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-06-19 Barats da fnl ver.docx STAlE OF IDAHO ) .ss. County of Ada ) On this day of Offs_ficn IV ,2019,before the undersigned notary public in and for the said state,personally appeared KURT BARATS,known or identified to me to be the Manager of Jenny Creek,LLC,owner of the property referenced herein and the person who executed the foregoing instrument. iN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ithr CHELSIE BARDIN Notary Public for Idaho Notary Public-State of Idaho Residing at: � �� ,',� ♦ Commission Number 20181680 My Commission Ex. res: My Commission Expires Sep 4,2024 Page 7 of 7 KAPlanning Dept\Eagle App1ications\RZ&A\2O19\RZO6-19 Barats da fril ver.docx RECEIVED&FILED CITY OF EAGLE MAY 02 21 File Route to Development Agreement Exhibit A RECEIVED at FILED CITY OF EAGLE URIBIT MAY 02 2019 ------------- SEE EXHIBIT "A" ATTACHED Route to:mitarimanartawab EGIIB1T A parcel of land situate in the Northeast quarter of Section 8, Township 4 North, Range I East. Boise Meridian, Ada County. Idaho, more particularly described as follows: Commencing at a found brass cap monument, marked as the quarter corner common to said Section 8 and Section 9; thence North 00000100n East, 455.48 feet, along the Basterly line of said Section 8, to a point; thence South 8612.41* West, 25.06 feet to a found 5/8 inch iron pin and cap, L.S. 874, being the POINT OF TRUE 88GINNINGI thence South 00000'00" West, 56.62 feet to a set 1/2 inch iron pin and cap, L.S. 8,4; thence North 88011'43° West, 13.09 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 02'56'10° West, 14.91 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 86.26'13N West, 4.64 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 31•50430' West, 40.72 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 77018'13" West, 90.58 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 21°16'51" West, 71.06 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 00614144n East, 49.48 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 86°12'41" East, 154.24 feet to the POINT OF TRUE BEGINNING. EXCEPTING THEREFROM that portion of the above described property taken by the Ada County Highway District for public right-of-way by Order of Condemnation recorded July 17, 2000 as Instrument No. 100055464, of Official Records and more particularly described as follows: A parcel of land for public right-of-way located in the Southeast quarter of the Northeast quarter of Section 8, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows - Commencing at the quarter corner common to Sections B and 9, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho; thence North 0°00'00" East, 455.48 feet along said section line to a point; thence South 86°12'41" West, 25.05 feet (formerly 25.06 feet) to a point, said point being the REAL POINT OF BEGINNING; thence South 0°00'00" West, 56.62 feet to a point; thence North 88°11'43" West, 8.00 feet to a point, said point measuring 33.00 feet at right angles to the East line of Section 8; thence North 0e00'00" East, S5.84 feet along a line parallel to and measuring 23.00 feet at right angles to the East line of Section 8 to a point; thence North 86•12'41" East, 8.02 feet to the REAL POINT OF BEGINNING. Basis of Bearing: North 0000'00" East (formerly North) along the section line common to Sections 8 and 9. Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. Development Agreement Exhibit B EXHIBIT"B" Affidavit of KURT BARATS on behalf of Jenny Creek,LLC ArmvAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) KURT BARATS,who being first duly sworn under oath,deposes and says: 1. I am KURT BARATS, who is a Manager of Jenny Creek, LLC, whose mailing address is 606 West Stillwell Drive,Eagle,Idaho 83616("Jenny Creek,LLC"). 2. Jenny Creek, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto(the"Property"). 3. Jenny Creek, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the_Pialday of AZgA e r 2 ,2019,by and between the City of Eagle,a municipal corporation in the State of Idaho,and Kurt Barats, Jenny Creek, LLC,(the"Agreement"). Ali DATED this /t _ day of p6--,,,,,,tge, ,2019. m:1----- By:Jenny Creek,LL By: Kurt Barats,Manager SUBSCRIBED AND SWORN to before me this t u day of n -VC' /fr) -2019. (64,--, 1?4</b(-A- CHELSIE BARDIN Notary Public for Idaho Notary Public-State of Idaho 3 Residing at \-r "`t' U \?..1, Idaho i n Number 20181680 -� { Commission IMy "t o Commission res /L I.2'—t My Commission Expires Sep 4, 2024 Cii 'expires (��. r , Page 1 of 1 K_\'lannimg Dcpa\I•:al k Ap ationc\RJ.&A\20191RZ-06-19 K Rants ds a(1idavit.docs RECEIVED&FILED CITY OF EAGLE MAY 0 Z 1019 Fite: Route to' Development Agreement Exhibit C .=~�- /_ ___________. _ _ _______ ! "C" RECEIVED,_.�� '`-~^``''u CITY OF EAGLE < MAY .. 2019'. — Route to: � ' ` . , -.--.„4,_--4.4....rr ,;-----,41: r. ..,__,:4•:0,H, -.....-, ----„, -7-----.. -: 0, _, ,....., ~` -,- , at .__ ,_._, _ A k .0,- . ,,,,,,_,._ :: '. .- diwi Mr . .-,,,.... 1,.. ,,,,,,..‘,,, ..,....- .....--- . ::.,: ... :,,..,.,.._ �_` �_ 2 i .„:.....-,„,,,,:, iti:IVP um_ i.,-......,',,• �! 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' ' i,i,!, , . . , q _ ,•., . _ _';*.i --71 t.1,2..: ,. -..^ +n.� � ` _._'--._ =^ _ .. l' ` - � ' \' ~.�^ � '—.—~' `.; ~ �' � � �� .c��....�..`� � `�'�--~�,:m �../ { ,c' ' —^'~ '_ ' ' .. .~ ._ ' . .= ` � � . ."'` '`, dI . RECEIVED&FILED CITY OF EAGLE MAY ^, 2019. ' Route to DeveloPment Agreement =`^""`...` '..�.. D ..... -----___ --------_- ___.H --._.___--------- i r —----- - -_______ -----------_,----- --s--,----- . 1 _ _ : If 1 i h _ I- I:7-1r 41! t____ -, . 1 ----I ---1 P. -----, ----, .. . -. . ... r------- -___----- •-----__:_,...„ ------- •-•- . ......-----,_„ 1 ., , , ---,_.— -----__ , ---- - •,.....,, .z.....0.---- -› _-------- N .. ---- -,.•- •,..... ---- -— ._. . _ _ - - '....-----'''---'------------'7.------------ -,------,„ _ _- • ___-- -_____ „_-•-• . VIEW SOUTH FROM EAGLE EAGLE 4-PLEX OADEVELOPMENT + D AGREEMENT office of architecture de-i 04/29/19 2 of 3 Development Agreement Exhibit E a f Recorded at the Request of. jenny Creek I.I..0 t>60 Stillwell Drive Eagle,Idaho 83616 Recording Information Above EASEMENT AGREEMENT This Easement Agreement(this"Agreement")is made effective as of the date this Agreement is recorded in the real property records of Ada County,Idaho(the``Effective Date")by and between Eagle United Methodist Church, Inc.. an Idaho nonprofit corporation ("Church") and Jenny Creek LLC, an Idaho limited liability company ("Grantee"). RECITALS A. Church owns that certain real property generally located at 651 N.Eagle Road,Eagle.Idaho 83616, and more particularly described on Exhibit A(the"Church Parcel"). B. Grantee owns the adjoining real property generally located at 543 N. Eagle Road, Eagle, Idaho 83616. and more particularly described on Exhibit B(the"Residential Parcel"). C. Church and Grantee desire to execute this Agreement to replace that certain Agreement and Grant of Easement recorded in the real property records of Ada County, Idaho as Instrument Number 96037211 (the "Original Easement"), which will be terminated in conjunction with this new agreement in its entirety with their current understanding and agreement with respect to the easement. AGREEMENT NOW, THEREFORE, for valuable consideration. the receipt and sufficiency of which are hereby acknowledged and in consideration of the recitals above and the mutual covenants contained herein. Church and Grantee agree as follows: GRANT OF EASEMENT.Church hereby grants to Grantee a perpetual, nonexclusive easement, on the terms set forth herein, over the portion of the Church Parcel legally described and graphically depicted on Exhibit C (the "Access Area") for the purpose of vehicular and pedestrian ingress and egress, and underground utilities,between the Residential Parcel and Eagle Road,and for no other purpose. Further,Church hereby grants to Grantee a perpetual,nonexclusive easement,on the terms set forth herein,over the portion of the Church Parcel legally described and graphically depicted on Exhibit D for the installation of underground utilities for the Residential Parcel ('`Utility Area").The Access Area and Utility Area may be collectively referred to as the"Easement Area."Church's conveyance is made"as-is"and without representation or warranty of any kind whatsoever regarding the condition or suitability of the Easement Area for Grantee's purposes. Any rights to the Easement Area not granted herein are reserved to Church. The Easement Area may only be used for the benefit of the Residential Parcel, and not any expansion thereof and not any other lands. 2. RESIDENTIAL USE ONLY.Grantee agrees that the Easement Area will be used by Grantee only for residential purposes,and then only for not more than six(6)dwellings located on the Residential Parcel. For this Agreement,"residential purposes"means activities are customarily permitted in residences in Eagle,Idaho,including the full range of private social and other gatherings that customarily occur in residences(i.e.,social events,weddings, religious gatherings,etc.).The Agreement will only benefit the Residential Parcel as described in Exhibit B(.34 acres) and the Easement Area will not be used for ingress and egress to other adjacent property. If the Residential Parcel increases in size, then the Easement Area may not be used for ingress or egress to the increased portion of the Residential Parcel.If Grantee attempts to extend the use of the Easement to adjacent properties,then the Grantee will be in breach of this Agreement. 3. NO BARRIERS.Grantee acknowledges that the Access Area serves as a"fire lane"for emergency exit and emergency vehicle access.No user of the Access Area may park in the Access Area(however temporarily) EASEMENT AGREEMENT PAGE 1 OF I 1 14105975 113954-2] or otherwise place any barriers in the Access Area that would interfere with its use as a fire lane (except when reasonably necessary for active improvement,maintenance and repair activities). 4. MAINTENANCE a. Grantee will maintain(repair or replace,if necessary)the surface of the Access Area and related improvements (including signage for Grantee's use) as necessary or appropriate to keep the surface in a condition that is suitable for Grantee's use of the Access Area pursuant to this Agreement and Church's use of the Access Area as a fire lane for the Church Parcel.The maintenance,repair and replacement include,but is not limited to keeping the paved surfaces in a reasonable condition with the type of surfacing material originally installed,or repairing/replacing the paved services with such substitute as will be substantially equal or superior in quality,use and durability.Grantee's obligations do not include any damage to the Access Area from Church's use,ordinary wear and tear excluded. If Church believes that Grantee is not maintaining the surface of the Access Area in a condition required herein,then Church has the right(but not the duty)send Grantee a notice specifying the alleged default in Grantee's performance.If Grantee fails to cure the default within thirty(30)days thereafter,Church has the right(but not the duty)to cure Grantee's default using any reasonable means or methods,and Grantee will be responsible for the costs reasonably incurred by Church in curing the default.If Grantee's failure to maintain the Access Area(or some casualty or other event affecting the Access Area)creates a material risk of damage or injury to any users of the Access Area,then Church may maintain or repair the Access Area as quickly as prudence requires(but will endeavor to give as much advanced notice to Grantee as practical). 5. FURTHER IMPROVEMENTS. Either party may make further improvements to the Easement Area,or adjustments to improvements in the Easement Area,as reasonably necessary or convenient for the proper use of the Easement Area for the purposes herein(including lights,signs and other items),with the consent of the other party,which will not be unreasonably withheld,delayed or conditioned. The improvements may include any further improvements necessary or convenient for the development of the Church Parcel or Residential Parcel(for example, without limitation,the widening of the paved surface of the Access Area into the Utility Area). 6. UTILITY AREA IMPROVEMENTS. Grantee will be solely responsible for the expense of Grantee's installation,maintenance,repair and replacement ofany utilities in the Utility Area that serve the Residential Parcel.Grantee will,promptly after any disturbance of the Utility Area by Grantee or its agents or contractors,restore the surface of the Utility Area to the same(or better)condition as existed immediately prior to the disturbance.Church will remain responsible for its customary care and maintenance of the landscaping and its improvements in Utility Area, excluding any of Grantee's utilities or improvements therein, the care and maintenance of which will be Grantee's sole responsibility. 7. NOTICES.All notices,demands and requests required or desired to be given under this Agreement must be in writing and delivered to the party intended by any reasonable means at the addresses identified below,or such other addresses that any party may designate by notice to the other party. To Church: To address for Church then on file with the Idaho Secretary of State,or to the address for the owner of the Church Parcel then on file with the Ada County Assessor. To Grantee To address for Grantee then on file with the Idaho Secretary of State,or to the address for the owner of the Residential Parcel then on file with the Ada County Assessor. 8. SUCCESSORS.This Agreement will run with the land and be binding on,and run to the benefit of,each party and their respective heirs,successors and assigns. 9. MODIFICATION; iRMINATION. This Agreement may be modified or terminated by a written instrument signed by Church and Grantee(or their respective successors),which modification or termination will be effective only when the same is recorded in the real property records of Ada County. EASEMENT AGREEMENT PAGE 2 OF 14105975 113954-21 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement with respect to the subject matter hereof, and any prior or contemporaneous understanding or representation of any kind will not be binding except to the extent incorporated in this Agreement.Church and Grantee will separately execute and record a termination of the Original Easement. 1 1. GENERAL. This Agreement will be governed by the laws of the State of Idaho. The headings of the several sections contained herein are for convenience only and do not explain,define,limit,amplify,or aid in the interpretation, construction or meaning of the provisions of this Agreement. This Easement may be executed in counterparts,each part being considered an original document,all parts being but one document.All exhibits attached hereto and the recitals contained herein are made a part of this Agreement by this reference. In the event of any controversy,claim or action being filed or instituted to enforce the terms and conditions of this Agreement or arising from the breach of any provision hereof,the prevailing party will be entitled to receive from the other party all costs. damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party. Any individual executing this Agreement on behalf of an entity represents and warrants that they are fully empowered and authorized to execute this Agreement on behalf of the entity. DATED effective as of the Effective Date. -Church- EAGLE UNITED METHODIST CHURCH, INC.,an Idaho nonprofit corporation By: Name: 4A4a.ços. Title: Cita/i--p. t,r Trizsie.eos, -Grantee" JENNY CREEK LLC,71dah7ritd liability compat) 4 By: Name: Kurt Barats Title: Manger EASEMENT AGREEMENT PAGE 3 OF 11 14105075[13954-2] STATE OF IDAHO ) : ss. County of Ada ) This record was signed before me on byfgn I1asiiJ as the l r` , ,ee.5 of Eagle United Methodist Church,Inc. 2 _P a-1,-)c-k).' ida,n 644-4,1 1/). Notary Signature ‘1161-uv fBUk s;`,i4$se$etttttt`� iiix Nisi ,.i 40.44414.,� o�0. 14'...I"Q •i �....7 ''t.:off' TAR ��,��'�r, : ....4:,..),40 ..... c,: i LLI �4+rr A s : i A J1BL�G .4. • 1.,,,I.Pi,sirs:03A0.• 44Z .. STATE OF IDAHO ) '''t',,�' ' OF IV", ss. ''srerseeloss� County of Ada ) This record was signed before me on II/ /is by Kurt Barats as a Manager of Jenny Creek LLC. ? 1 / / Notary Signature Lit.66,-,x,,,,,,, 0 `�s'I"sa s m s,,,t, ♦,. �y p,`N B ts /4..,..v..*°:140.iOtiv.%/6#10 a 'L/ jdOTA/ y 4 .......�b • 0• : w ` i 4. (JD Lik-cij I ♦,�\:P.,x,:::),k...0314,Rsif „.170',��* ''' tis,.Iilif.1 EASEMENT AGREEMENT PAGE'4 O 1 1 14105975[13954-21 EXHIBIT A LEGAL DESCRIPTION OF CHURCH PARCEL A parcel of land being a portion of the Southeast quarter of the Northeast quarter of Section 8,Township 4 North,Range I East,Boise Meridian,Eagle,Ada County,Idaho and more particularly described as follows: Beginning at a brass cap marking the East quarter of the said Section 8;thence along the Easterly boundary of the said Northeast quarter of Section 8,which is also the centerline of North Eagle Road North 00 degrees 00100"East 455.48 feet,formerly 455.40 feet,to a point;thence South 86 degrees 15'11"West,formerly South 86 degrees 33'West,25.05 feet to an iron pin on the Westerly right-of- way line of the said North Eagle Road,also said point being the real point of beginning. Thence continuing South 86 degrees 15'11"West 428.67 feet to an iron pin;thence North 00 degrees 00'00"East 573.28 feet to an iron pin on the southerly boundary of the Northerly 50 acres of the East half of the Northeast quarter of Section 8,as filed for record in the office of the Ada County Recorder,Boise,Idaho in Book 270 of Deeds at page 177;thence along the said Southerly boundary North 89 degrees 38'43"East,formerly East,427.76 feet to an iron pin on the said Westerly ri t-of-way line of North Eagle Road:thence along the said light-of-way line South 00 de ees 00'00"West 547.91 feet to the point of s ginning. Excepting therefrom that portion conveyed to Ada County Highway District as described in Warranty Deed recorded January 9,2001 as Instrument No. 101002282 and rerecorded August 2,2001 as Instrument No. 101077991,and that portion in Corporate Warranty Deed recorded September 26, 1997 as Instrument No.97079376,records of Ada County, Idaho. EASEMENT AGREEMENT PAGE 5 OF 11 14105975 113954-21 „ . EXHIBIT B LEGAL DESCRIPTION OF RESIDENTIAL PARCEL A A parcel of land situate in the Northeast quarter of Section 8, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap monument, marked as the quarter corner common to said Section 8 and Section 9; thence North 00°00'00" East. 455.48 feet, along the Easterly line of said Section 8, to a point; thence South 86°12'41" West, 25.06 feet to a found 5/8 inch iron pin and cap, L.S. 874, being the POINT OF TRUE BEGINNING; thence South 00°00'00" West, 56.62 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 88°11'43" West, 13.09 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 02°56'10" West, 14.91 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 86°26'13" West, 4.64 feet to a set 1/2 inch iron pin and cape L.S. 874; thence South 31°50'300 West, 40.72 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence South 77°18'13" West, 90.58 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 21°16'51" West. 71.06 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 00°14144" at, 49.48 feet to a set 1/2 inch iron pin and cap, L.S. 874; thence North 86°12'41° East, 154.24 feet to the POINT OF TRUE BEGINNING. EXCEPTING THEREFROM that portion of the above described property taken by the Ada County Highway District for public right-of-way by Order of Condemnation recorded July 17, 2000 as Instrument No. 100055464, of Official Records and more particularly described as follows: .-rcel of land for public right-of-way located in the Southeast quarter of the Northeast quarter of Section 8, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the quarter corner common to Sections 8 and 9, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho; thence North 0°00'00* East, 455.48 feet along said section line to a point; thence South 86°12'41" West, 25.05 feet (formerly 25.06 feet) to a point, said point being the REAL POINT OF BEGINNING; thence South 0°00'00" West, 56.62 feet to a point; thence North 88°11143" West, 8.00 feet to a point, said point measuring 33.00 feet at right angles to the :-st line of Section 8; thence North 0°00100" East, 55.84 feet along a line parallel to and measuring 33.00 feet at right angles to the East line of Section 8 to a point; thence North 86012'41n East, 8.02 feet to the REAL POINT OF BEGINNING. Basis of Bearing: North 0°00'00" East (formerly North) along the section line common to Sections 8 and 9, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho EASEMENT AGREEMENT PAGE 6 OF 11 14105975¶13954-2) EXHIBIT C LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF ACCESS AREA 1437,-% F ATcT . OF • C A Tr,-rt* of Land SoLtHr--;:east'XI of % of Se;-:lon 8, 1 of rmivre as follows: at f. n. 7.;-,:rtss Ca* -i':-„rilonument the 114 corner common tc, Sections :t 9, from which a Brass Ca.:;:* the of sal.sal* i400°03'33"East,a ds nce of 26• 99 f-et, thence along t common #0 *333" East, a of 455.4; to pro1al ',7-.4c.,. of e ,su ies ibed in a• . a . Pes instrument and 2. thence atocr--:*; sAdsro ip SIvuth ';',_;.est, dis,4nce Avf 33.07 feet tc, a to,,,..: 4 51; inch PLS 7612" arkig tt; of • ra,,J:d; 3. *ouniary of propeities descri-*,:t* in Warranty 90A: an.. 97 7 a dist;,nce of 5441.-4-fi#et sal* cornn--,:tIl •;-.::6°41;7'512" ',.:7•Jest, a distank, • 47. to *int; 5. thence *3°41'141'West, a Atistr..,,nce of 25.19 feet to an .tc4;°23'31" East, a of 33.5* feet to the yieginning of curve to the 1:":: t thence aonlf;: ctirs--,,ie to a length of I E feet, ius of 3.5* feet, cerv-L;;;1 of fi;,,,4),...:'-4,3241" of 13.7; feet, and long chord which North .f4‘40150') distance of 25.49 feet to a point of reverse curvature: 8. thence along rev cue to the rit hitvinf;. a Ien. h of *:-4.3-4:, feet, a radius tf 2 50 f I a artsje of ;-°:::::!323", of 23.59 fel, ling chord bears !orth 655151" Est, a dtn of 43.03 feet to a *ont PAGE 7 OF I. EASEMENT AGREEMENT 14105975[13954-21 .• _ • . . •..•• of tangency; thence South ',;';':-,-,-.‘1158I-27" Est, a distance of 11.85 feet to a :**Int on the Fii#:-,-i:,-1-of-Way of Eagle Ro ;;; a4ng said Rightof :y, South tr3'33"VVest, i1ista 23.-05 feet to a :.:.*ont; then orth 885627- West, a distance of 8.67 feet to the beginning of curve to the ie : 12. Vin aIOfl Si. cumt. having of r5 a radius of 37.00 f t. a central angle of 3",-.°45'57" t,..,;,,,.nents of 13.38 f t. and a Iona cho?-4 which i*e4frs South 7* 10'34"VV .t a of 2517 feet to a point of- tar ,ency; 13. thence So 5t°17'36')West of 33.41 ft to Containing 276 scluar. feet(0.063 acres)more or less. Subject to all easements rights-of-way of recoroi or not of r NTE: Any modifica!--Ton of this desert:41*n shall ren*er it null an. volt. See EENT'DC:-"111- Fox Land Surveys, Inc. /4- Timothy J. Fox, PLS .11f 141( I PAGE 8 OF 11 EASEMENT AGREEMENT 14105975[13954-2) _ _ 1 0. i 1 I 4,CA Vi ril , c-,,,.. A ..,,,,,-,,,, : .—•—•, i' ....o,i, , ,, iiii,!i. > _.,...........,„, ... , ,...,...,..............._____.____________ ._..._. . .,......, ...____...........„_.............__..._ .........._ . ......., , po CURVE TA4:LE nil • 5,.4 • CURVE LENGTH 4'-•*MS DELTA I TANGENT ': CH.B., , RING CH.LENGTH 1 -. ,. .. .._______,.. , ••,,, .... . .........-.... . • g • , Cl , 26.15 33 scr 44'4321" , 13 I- - .78' N64*01.50"C 26.49' ..-ri . C2 : ,,.34" 52.50i 4f3 2323" 23.59' : Ne5c51 51"E 43.03* I , . . C3 - 25.68' ; 37,00' . 39'45'57" 13438' 870"10',34'W . , 25.17' 'II S;"56'27HE . . -11.;5 , . ,.. SO°031=33"W 23.05 •, • , . // / / /.,,,, 1. , , ',./ // // , 0 /,„/-,.." , ,,, , , I4 N3''',,j,1, 1 0,fiAt...,_.\\ ".„1,,_::,/,,,,,,9:3,...,,,,3I',$?.,;„:1:::-:„.7".:,,,,-,,:;?/: ///. ,,/// 1.,1•, 41/,',,.' 11.j ' ....S Cr'03'33 W 1 /-262133 : I.Li •-,, ,; '444 1 , 25I9 \ /J /„. , , EmEmENT * y/ .MEA <11/4.:.,---N' Nar 5627W .. , ,, .. ,/. 47 R ,.,..,.... /3/rb...._- 58.14. 8.67- j,,s_86 18. 50 W,-'..• bP \II'''-;'' SCALE 1"-.30' ---- , •-4,-,---.--'-' . • tg-," , .....,......._ _...,..... • , ill= f 7 , t _ " , „si ,,c.,-' lik, ,i,JN.:,-T. PROPERTY DESCRIBED IN i :?\t„,...,..',.-.,.. (•... •1”,ig 07:CO WA/INST.*97067343 ,. ..... I .. .„ ..• ,‘,.. „. •• , , ,„_, - . iik,„,, ,• - ,,J., ..,,, : 14,•:-- .iii,i-,,, --1_..i.•,..':'-.,i 1 ,,.,..! ---, _ 8- :2- , • . •,. .:, „„: .. ., ....., :.,,, ._ .‘•, ..,._. 7,,,,,,,:.‘ii,., ,._._...:„-A,Ivo ..;..., -1 i 4 ,-- --• : . ' Cr' 13,„ ' ''tf, '40 ,''.• . _ ,* 411- ,,,•-;, '. .,_,; . . . . . , . . - , lik.1::\.Al..-:I",7 i,,,,-,r.'Pi.-,;,,,,..-','7-, .'„,T ,,...„, ../..,..,, ,,„,, -„,,„,,,„..,,,,,, .. „:, ------- 1/4 CORNER tin8 9 FOX Lk.:; SURVEYS INC, 4,D . (208)342-7957 . 0 _ in 990XGKEICROWG , ...... ,.... EXHIBIT D LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF UTILITY AREA ICM tAilitikultatilig 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 I FAX 208.639.6930 .une 28,2018 Project No.:18-092 543 North Eagle Road An easement over a parcel of land situated in a portion of the Southeast 1/4 of the Northeast 1/4 of Section 8, Township 4 North,Range 1 East,Boise Meridian,City of Eagle,Ada County,Idaho,and being more particularly described as follows: Commencing at a found brass cap marking the East 1/4 corner of said Section 8,which bears 500°03133"W a distance of 2635.99 feet from a brass cap marking the northeast corner of said section 8,thence following the easterly line of said section 8,N00°03133"E a distance of 455.48 feet; Thence 586°18150"W a distance of 33.07 feet to the westerly right-of-way of N.Eagle Road and being the POINT OF BEGINNING. Thence S86°18'50"W a distance of 58.14 feet; Thence N50°1736"E a distance of 33.41 feet; Thence 25.68 feet along the arc of a circular curve to the right,said curve having a radius of 37.00 feet,a delta angle of 39°45'57",a chard bearing of N7010'34"E and a chord distance of 25.17 feet; Thence 589°56'27"E a distance of 8.67 feet to said westerly right-of-way; Thence following said right-of-way,S00°03'33"W a distance of 26.13 feet to the POINT OF BEGINNING. Said parcel contains 0.025 Acres(1,068 square feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. L tbeD-'N ,c,ENSL- 1 b 6 2 Y KE\'\Wc* of rklit EASEMENT AGREEMENT PAGE 10 OF 1 I 14105975 113954-21 F .�/�.+•4+w�.�N+.puW✓.` �-,/W+aRufA+ra:i+�uYiu i,„A Ys f1�uY lYb II ISL�.IAI+4�M+W!'.re�sWIVWMMM��.W'K+✓�4.AYAIeI.aYW .-... ...- •.:.:. ..•�.'..;•'"" .... .- 1 CURVE3 ,: L 1 Ar0 TABLE E CURVERADIUS LENGTH DELTA CHORD BRO CHORD C1 3 .` 125.6 I39'4 N70 1 3 25 _.:..• , �.E5 itr:4_ .y t r r r rir N # - .. � 0 - I a- lt,' 662 - F ` „----) - ,_,G, PROPOSED / ` „,d, ACCESS EASEMENT to I1 i ''''''''')--7- C\„..-----6 6. .4, Ito - I Oil-IT OF i4§0/ , INNi`4C 3-/' - _ .�.w.....--.. - _ 28.14. °� 33.07 1 ico: L., 5 LINE TABLE (L\ 'tr) in LINE# LENGTH DIRECTION re _1 N i ..0 LI 8.67 S89'56'27'E „,,,,,,y, o _x 28,1 S0'03'33 i... r. [ , 1 LEGEND BRASS CAP /8--INCH REBAR -..: L CALCULATED POINT POINT OF Ct t ENC v'3E 4 PARCEL LINE i ..I.A.----.�..._.... ...EASEMENT LINE 10 20 40 , ---0016.0 ENGINEERING — * _...__ — SECTION LINE fibliaill.14"6"1161".4 ENGI`EVIS.SURVEYORS.PLANNERS Scale: ” = 20 Feet = 9233 WEST STATE STREET 801&E.iDA1-40 80714 , . , ,„ , ., PHONE 12081639.3939 fAX 12081639-6930 = UTILITY EASEMENT 2018:3 DATE iticke 29, PROJECT_ 18-032 11111 SHEET: EAGLE,IDAHO I. OF IA Parcel of land situated in the SE 1/4 of the NNE 1/4 of Section 8,T,4I ,R.1E,B.M.,Ada County,Idaho � Ili L.�ll��,i.Il 11111—II III. i.i.IIA....II I ii ll li� III ii II..I�,iil III I.I iY�l Ili lll�lu ldl Ili�—li�llll li 1111�l 111111 11 it I...I �I d.� ullll.I li I IIII� � l 111111.i�_lii..l�4 EASEMENT AGREEMENT PAGE 1 1 OF 1 1 14305975113954-21