Development Agreement - 2010 - Stillwater Business Park (EXPIRED) - 1/1/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/28/10 11:48 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT
.00
14
III 1111111111111111111111111111111111
110008343
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 ofIdaho ("Eagle"), by and through its
Mayor, and Tri Cedars Management, LLC ("Owner'').
WHEREAS, the Applicant is the owner of record of certain real estate located at 2505 West State
Street, Eagle, Idaho, as specifically defined in the attached legal description (Exhibit A and as generally
shown on Exhibit B) which is the subject of an application for Rezone identified as Rezone Application
No. RZ-09-07; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition, Ada County designation) and A-R (Agricultural-Residential); and
WHEREAS, the Applicant desires a BP-DA (Business Park with a development agreement)
zoning classification to develop a business park subdivision 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 allowing an BP-DA (Business Park with development agreement) zoning designation for the Property
must be limited with a development agreement to prevent undue damage to, and to otherwise be in harmony
with the Comprehensive Plan, the existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant'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 Applicant 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 BP-DA (Business Park with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
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WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8~ 10-] (C)(1); and
WHEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed as
follows:
ARTICLE I
LEGAL AUTHORlTY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511 A and Eagle City Code, Title 8, Chapter 10.
ARTICLEll
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 Business Park with a development agreement ("BP-DA''), 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 ill
CONDITIONS OF DEVELOPMENT
3.] Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development pennit 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.
3.2 The Concept Plan (Exhibit 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 are material thus requiring 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, notice shall be provided by Owner as may be
required by the City.
3.3 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
form at the time application was deemed complete, including compliance with all of the conditions
as provided within this development agreement
3.4 The following uses will be considered allowed uses within Stillwater Business Park:
a) Government Building Offices
b) Home and Business Services
c) Hotel
d) IndustJy (custom, limited, research and development)
e) Laboratories
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f) Manufacturing (custom, limited)
g) Office, business and professional
h) Office, medical and professional
i) Park and recreation facilities
j) Parking lot, parking garage
k) Parking lot, parking garage commercial
I) Personal wireless facilities (height 35-feet or less)
m) Printinglblueprinting
n) Professional activities
0) Research and Development
p) Research activities
q) Travel services
3.5 The following are considered ancillary uses and shall encompass no more than ten percent (10%) of
the overall development. Ancillary uses are only permitted provided that at least one ofthe uses
noted in Article 3.4 is in operation or under construction.
a) Apartment
b) Bar
c) Banks, fmancial institutions (no drive-up service)
d) Boarding or lodging house or dormitory
e) Catering service
f) Childcare, daycare center
g) Commercial entertainment facilities (indoor)
h) Golf course and related services
i) Laundry service (with no drive-up service)
j) Motel
k) Multi-family dwelling
I) Personal improvement
m) Restaurant (with drive-thru)
3.6 The following uses are considered appropriate for a business park but will require further
consideration outside of this application and will require a conditional use permit:
a) Apartment
b) Bar
c) Boarding or lodging house or dormitory
d) Catering service
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e) Commercial entertainment facilities (indoor)
t) Communication facilities
g) Convention center
h) Drug store
i) Emergency services
j) Flex space
k) Health clubs, spas, weight reduction salons
I) Heliports
m) Laundry service (with no drive-up service)
n) Mobile office
0) Personal improvement
p) Personal Wireless Facilities (height over 35-feet)
q) Planned Unit Development
r) Public service facilities
s) Restaurant (with drive-thru)
t) Restaurant (with no drive-thru)
u) Sign shop, including painting
v) Storage (enclosed building)
w) Trade fair
x) Warehousing, wholesaling plant
3.7 Uses that are not listed under Articles 3.4,3.5 and 3.6 of this document are prohibited.
3.8 Provide a master sign plan (MSP) which includes exhibits and guidelines necessary to achieve a
visually coordinated, balanced and appealing signage environment for this development. The MSP
shall include monument and wall sign styles, themes, and locations. It is the intent for the MSP to
govern all signage within the development in accordance with Eagle City Code 8-2A. The MSP shall
be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.9 The Owner shall construct outdoor plaza areas in strategic locations within the development and in
front of the buildings to accommodate and facilitate gathering points for users of the development.
These plaza areas may include seating areas, art work, fountains, landscaping, drinking fountains,
bike racks, or similar features designed and displayed in a manner that lends to establishing a
common theme or identity to the development.
3.10 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall provide a minimum forty-eight inch (48") grade separated
berm and/or screen wall with vegetation adjacent to the drive-thru lanes to reduce the impact of the
vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing). Design styles
exceeding the standard utilitarian look of a building with a drive-thru shaU be required.
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3.11 The conditions, covenants and restrictions for the Property shall contain at least the following:
a) Provide that the 85sociation(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
b) Establishment of an architectural control board for all buildings prior to building pennit.
c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum (like wrought iron), or three-rail-type wooded decorative fencing. All
other fencing (i.e.: cedar fencing, vinyl, chain link) shall be prohibited.
d) Parking shall only be allowed in the designated parking areas.
e) A maintenance manual for the drive aisles requiring that association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
The conditions, covenants, and restrictions shall be reviewed and approved by the City Attorney for
both fonn and content to assure compliance with the conditions required herein, prior to the issuance
of the first building pennit.
3.12 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat application. Prior to issuance of any building permits.
Applicant shall provide proof of central sewer service to the proposed residential and commercial
uses. A letter of approval shall be provided to the City from the Idaho Department of Health and
Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of
any building permits. The other requirements of this Development Agreement not withstanding,
subject to approval of the Central District Health Department, applicant may construct one building
using an approved temporary septic system. The septic system will be abandoned in accordance
with the requirements of the Central District Health Department when the central sewer system for
the development has been put in and connected to tbe Eagle Sewer District. No additional building
permits will be issued within the development until such time the aforementioned building is
connected to central sewer system.
3.13 All existing wells and septic systems on the property shall be abandoned prior to the City Clerk
signing the final plat. Central District Health Department approval is required for the abandonment
of the existing wells and septic systems.
3.14 Owner shall provide a report or analysis of any proposed changes to wetlands located on the property
and any such change shall be contingent upon written approval by the Army Corps of Engineers,
Idaho Fish and Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate government agencies, and shall be in accordance
with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and
improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
3.15 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
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3.16 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.17 Due to the high visibility of the SH 44 corridor, special attention shall be given to the configuration
and position ofthe buildings abutting the roadways. Buildings should be designed to be positioned at
varied angles to the abutting roadway, and building footprints are encouraged to be irregular to
inspire greater creative designs. All lots and buildings shall be configured to screen any and all
loading areas and trash enclosures from view as seen from residential uses or public roadways.
Building placement shall be designed such that parking areas are not concentrated between the
buildings and the abutting roadways. The side of any buildings facing the roadways shall be
provided with architectural design elements and architectural relief, as may be approved by the Eagle
Design Review Board.
3.18 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4- I -6, a minimum ten foot (10') wide asphalt public pathway to be located within a twenty foot (20')
wide easement in alignment with the existing pathway located northeast of Stillwater Business Park
and adjacent to SH 44. The specific location and design of the pathway shall be approved by the City
of Eagle Park and Pathway Development Committee prior to submittal of a design review
application. The asphalt pathway shall be located in a recorded easement or easements dedicated to
and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument
number of the recorded easement or easements shall be referenced on the face of the plat for
Stillwater Business Park, upon recordation of the final plat wherein the pathway is located.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide public pathway/greenbelt within the existing twenty five foot
(25') easement located on the southern portion of the property and adjacent to the Boise River. The
specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway
Development Committee prior to submittal of a design review application. The pathway/greenbelt
shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided
in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or
easements shall be referenced on the face ofthe plat for StilIwater Business Park, upon recordation
of the final plat wherein the pathway is located.
3.21 In addition to the sidewalks and pathways proposed with the development (see preliminary plat), the
applicant will design the proposed interior parking lot pathways (sidewalks) to provide optimum
pedestrian interconnectivity to all portions of the site which should reduce the need to drive from
business to business and should promote enhanced pedestrian movement within the site. The site is
to be designed with shelters, "kiosks," pergolas, etc, in strategic locations to provide refuge and
visual relief to pedestrians traversing the parking lots. In order to provide pedestrian access to the
Boise River and greenbelt, the applicant shall provide an eight foot (8 ') wide micro-pathway within
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a sixteen foot (16') wide easement, linking the interior sidewalk system of the development to the
proposed greenbelt system adjacent to the Boise River.
3.22 Upon completion of the Ballantyne Lane realignment on the north side of State Highway 44 and
right-of-way or road easement becomes available on the south side of State Highway 44 in alignment
with Ballantyne Lane, the applicant shall construct Ballantyne Lane on the south side of State
Highway 44 pursuant to the Idaho Transportation Deparbnent (I1D) and Ada County Highway
District (ACHO) approval. Any other provisions of this Agreement notwithstanding, until such time
that the realignment of Ballantyne Lane is completed and subject to approval of the Idaho
Transportation Department, applicant may proceed with development with traffic routed to a
temporary access from SH 44. When the realignment of Ballantyne Lane is completed, such
temporary access will be extinguished and all traffic of the development will be routed through that
realigned intersection.
3.23 The Applicant shall provide for and include a cross access agreement between all lots within the
development to provide and facilitate shared access to the public rights-of-way. The cross agreement
shall be reviewed and approved by the City Attorney for both form and content prior to issuance of a
zoning certificate. The cross access agreement shall be executed and recorded prior to the issuance
ofa zoning certificate.
3.24 Owner will construct improvements and satisfy all conditions required by the Ada County Highway
District and the Idaho Transportation Department prior to the issuance of any Certificate of
Occupancy for any building within the development. These improvements include, but are not
limited to, dedication of right-of-way for pertinent future road widening (including the proposed
Ballantyne Road realignment intersection for left and right turn lanes), roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks, and
construction of driveways in the locations and configurations as determined by the aforementioned
entities or as otherwise may be required herein. Approval letters from these entities shall be
provided to the City prior to the issuance of a Certificate of Occupancy.
3.25 A note shall be placed on the final plat and language placed in the CC&Rs stating that all structures
are prohibited wjthin the boundaries of the floodway.
3.26 Future development of Lots 4 and 5, Block 2, as shown on the preliminary plat date stamped by the
City on August 25,2009, shall include an eight foot (8') wide pathway located within a sixteen foot
(16') wide easement that links the internal sidewalk/pathway system of the development to the Boise
River Greenbelt. Location of the pathway shall be determined during the design review process for
this lot. Parking for public access to the greenbelt and the river shall also be provided upon
development of this lot. The number and placement of the parking spaces shall be determined
during the design review process for this lot.
3 .27 Notwithstanding the requirements of Condition of Development 3 .11 (c) above, the applicant shall
provide a two foot (2') high landscaped berm with a six foot (6') high vinyl fence to be located
between the development and the adjacent residential property to the west. The berm and fence shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
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ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
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 V
DEFAULT
5.1 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.
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 tenn of this Development Agreement expires without either application for the final plat having
been submitted or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions ofIdaho 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 for A-R
(Agricultural-Residential) zoning designation of the parcels until Eagle enacts and records an
ordinance changing the property to the A-R (Agricultural-Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to tenns of Section 5.3 above, if any term, provision, commitment, or restriction of this 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 and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owners (or
other appropriate party) and Eagle.
ARTICLE vn
ASSIGNMENT AND TRANSFER
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 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 ifall or any portion of the development
is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection
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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 vm
GENERAL MA TIERS
8.1 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-].
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as ifprepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion ofthis 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 atthe 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 Applicant 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.
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:
Tri Cedars Management, LLC
5740 N. Meridian Road
Meridian, Idaho 83646
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) hOUTS 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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
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8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
8.8 Authority to Enter Into Agreement: By the execution and delivery ofthis Agreement by the parties,
and the performance of the iT 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ~ay of ~ 20Ml.
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-../ Sharoll K. Bergmann, City Clerk
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STATE OF IDAHO )
: ss.
County of Ada )
On this ~day ~ ~l UA.V vTi ' 20l&, before the undersigned notary public in and for the said
state, personally appeared Pl:ID.- BAND ,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. (~~ "bshyv L
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I(~:_. ,~tH""<"""" <f,,", Notary Public fi r I aho
: C,' y~... Residing at: L f
t ' '. ~ My Commission Expires: 0 I ,.
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STATE OF IDAHO )
: ss.
County of Ada ) /
On this 13- day 00
state, personally appeared Ed Priddy, kn
herein and the persons who executed th
,;lof D
,..2009; before the undersigned notary public in and for the said
or identified to me to be the owners of the property referenced
regoing instrument.
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EXHIBIT "A"
RECEIVED &. F!~ED -"---''', I
CiTY OF EAGLE
JAN 2 0 2010
- 1 -
I File:
L Route to: ____.__
.-_~"_L-~..~"''',~"_,~,,._._, '....,,,._~
DESCRIPTION FOR
STILL WATER TECHNICAL PARK REZONE
JANUARY 20,2010
A PARCEL OF LAND BEING A PORTION OF THE SW Y4 OF SECTION 7 AND
THE NW y., OF SECTION 18, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE y., CORNER COMMON TO SECTIONS 7 AND 18, TA N.,
R.l E., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 00022'28" W, 196.05 FEET TO A POINT;
THENCE S 00026'28" W, 255.51 FEET TO A POINT ON THE MEAN HIGHWATER
LINE OF THE NORTH BANK OF THE BOISE RIVER;
ALONG THE MEAN HIGHWATER LINE OF THE NORTH BANK OF THE BOISE
RIVER THE FOLLOWING:
THENCE N 37002'05" W, 131.92 FEET TO A POINT;
THENCE N 80007'15" W, 155.85 FEET TO A POINT;
THENCE N 66018'28" W, 183.91 FEET TO A POINT;
THENCE N 57020'09" W, 83.32 FEET TO A POINT;
THENCE N 53027'20" W, 147.52 FEET TO A POINT;
THENCE N 46046'33" W, 42.06 FEET TO A POINT;
THENCE N 32014'58" W, 86.85 FEET TO A POINT;
THENCE N 23008'15" W, 94.52 FEET TO A POINT;
THENCE N 26044'53" W, lOAD FEET TO A POINT;
THENCE N 26044'53" W, 105047 FEET TO A POINT;
THENCE N 39038'18" W, 117.39 FEET TO A POINT;
THENCE N 26054'04" W, 87.10 FEET TO A POINT;
21723 REZONE
THENCE N 57038'23" W, 82.71 FEET TO A POINT ON THE EXISTING CITY
LIMITS OF EAGLE, IDAHO;
LEAVING SAID BANK OF THE BOISE RIVER AND ALONG THE EXISTING
CITY LIMITS OF EAGLE, IDAHO THE FOLLOWING:
THENCE N 89046'41" E, 214.92 FEET TO A POINT;
THENCE N 00023'42" W, 36.25 FEET TO A POINT;
THENCE N 89046'58" E, 100.25 FEET TO A POINT;
THENCE N 00013'25" W, 833.01 FEET TO A POINT;
THENCE N 09000'31" W, 67.54 FEET TO A POINT ON THE CENTERLINE OF
STATE HIGHWAY 44;
THENCE N 89041 '3011 E, 335.35 FEET ALONG SAID CENTERLINE TO A POINT;
THENCE N 01008'35" E, 63.45 FEET TO A POINT ON THE NORTH RIGHT OF
WAY OF STATE HIGHWAY 44;
THENCE N 89043'1411 E, 101.89 FEET ALONG SAID NORTH RIGHT OF WAY TO A
POINT;
THENCE S 00013'23" E, 123.05 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY OF STATE HIGHWAY 44;
THENCE N 89046'28" E, 230.00 FEET ALONG SAID SOUTH RIGHT OF WAY TO A
POINT ON THE EAST LINE OF THE SW v.i OF SAID SECTION 7;
THENCE S 01011'01" W, 1273.24 FEET ALONG SAID EAST LINE TO THE REAL
POINT OF BEGINNING.
SAID PARCEL CONTAINING 24.91 ACRES, MORE OR LESS.
MICHAEL E. MARKS, PLS NO. 4998
".
21723 REZONE
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EXHIBIT "B"
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HIGHWAY 44
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RECEIVED & FILED
CITY OF EAGLE
AUG 2 5 2009
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