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Development Agreement - 2013 - Eagle Knoll Highway 16 Winery - 1/15/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 31 BOISE IDAHO 01/30113 04:21 PM DEPUTY Vicky Bailey RECORDED—REQUEST OF III 11111111111111111111111111110111 Recording Requested By and Eagle City 11301 1 435 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 EAGLE KNOLL 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 Highway 16 Winery,LLC,and Benaldine Linotti 2002 Trust("Owners"). WHEREAS, the Owners are the owners of record of contiguous parcels of land approximately 31.175 acres in size located adjacent to State Highway 16, at 3703 and 3705 N. Highway 16, Eagle, Idaho, all as shown on "Exhibit A" Site Concept Plan(attached hereto and incorporated herein)and as described in the attached legal description described on "Exhibit B" Legal Description (attached hereto and incorporated herein) ("Property") which is the subject of an application for Rezone identified as Rezone Application No. RZ-04-07; and WHEREAS, Owners have requested that the Property be annexed into and developed in accordance with the applicable ordinances and regulations of Eagle and this Agreement; WHEREAS, the proposed development includes properties within an area currently zoned Rural- Urban Transition(RUT); and WHEREAS, the Owners and the City of Eagle desires a MU-DA (Mixed Use with development agreement) zoning classification to develop the Property consistent with the long-term existing use of the Eagle Knoll Winery and agricultural-related commercial uses adding a residential district and other ancillary commercial uses to compliment the winery as generally shown on Site Concept Plan "Exhibit A"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any commercial and 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 Owners use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon Page 1 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 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 Owners have 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 Owners have 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 mentioned herein are attached hereto and are incorporated herein by reference;and WHEREFORE, the Owners and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 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 Mixed Use District ("MU-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 III CONDITIONS OF DEVELOPMENT 3.1. All development within the Property shall be consistent with the City of Eagle Visioning map and Eagle City Code and be generally consistent with the Site Concept Plan ("Concept Plan") attached hereto as "Exhibit A". The Concept Plan describes the general nature and relative location of certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time a detailed plan and platting are submitted to the City, while maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. 3.2. Owners will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Owners will also submit such applications regarding 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. Page 2 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 3.3. Except as otherwise provided within this Agreement or by applicable ordinances, the Eagle Knoll Development shall comply with the Eagle Comprehensive Plan and City Code, as they exist at the time this Development Agreement is recorded. 3.4. The Eagle Knoll Development shall consist of three (3) primary elements: a pre-existing winery, a residential development,and a mixed-use development contained within the approximately 31.18 acre site. The proposed Site Concept Plan indicates approximately fifty percent residential use and fifty percent of non-residential use. Of the fifty percent commercial use, approximately half(approximately 7 acres) is allocated to the winery facilities, or twenty-five percent of the overall development. The balance of the development shall be: 3.4.1. Residential Development 3.4.1.1. The Site Concept Plan anticipates approximately 14.10 acres of residential developable property as discussed further in Section 3.4.2 below, which would entitle a total of 70 dwelling units. However, the nursery, while appropriate, may be ultimately expanded as a residential use with a maximum of 5 units per acre. For each acre converted from a non- residential mixed use to a residential use beyond the 14.10 acres shown in the concept plan, five units shall be permitted per acre up to 120 units. The density of the 14.10 acres and any additional residential use shall not exceed 120 units or a maximum residential density of 5.0 Units per Acre on 24 acres(75%of the site). 3.4.1.2. Pursuant to the Concept Plan, areas developed as residential shall not substantially exceed 14.10 acres with the following ratios: Table 3.4.1.2 Product Type Aprox. Sq ft./unit Units/Acre % of units Townhouse 4,000 8.3 57% Row Houses 4,500 7.2 15% Single-Family 6,500 5.5 28% 3.4.1.3 Setbacks and dimensional standards for the residential development shall comply with ECC 8-6 or as follows: Table 3.4.1.3 Setbacks Max. Units Garage Street Front* Rear Interior Attached Product Type at Street Side Townhouse 20 ft. 10 ft. 5 ft. 10 ft. 2 Alternating Row Houses 10 ft. 0 ft.*** 10 ft. 5 10& 15 Ft. Single-Family 20 ft. 5ft.** 5ft. 10 ft. 0 *No more than two units can have the same set back before alternating **When on a pond 10ft if not ***20 ft. Min.between buildings Page 3 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&R1-04-07 DA ccf final.doc 3.4.2. Mixed Use Development 3.4.2.1 Non-residential mixed land uses shall be a minimum of twenty-five percent of the Property. The Property shall be developed in compliance with Eagle City Code and the Eagle Comprehensive Plan, as adopted at the time this Development Agreement is recorded, except as otherwise provided herein. In the Retail/Commercial area of the Property consisting of approximately 7 acres in the eastern portion of the site as depicted on the Site Concept Plan, non-residential uses shall include a mixture of relatively small retail uses such as coffee shops, bars, retail (wine-related or otherwise), and restaurants, which shall compliment the current winery uses as well as serve the needs of the neighboring residential population generally conforming to the pedestrian plaza concept depicted on the Site Concept Plan. For each acre developed as mixed use beyond the 7 acre winery site, 5 units shall be removed from the maximum residential density of 120 units provided under Section 3.4.1.1. 3.4.2.2. Commercial uses shall be limited to those uses that compliment or are ancillary to the existing Eagle Knoll Winery and are otherwise limited to the following uses: • Agricultural Retail(Fuels Service only for facility use) • Artist Studio • Arts and Crafts shows • Bar • Beauty/barber Shop • Bed and Breakfast • Brewery • Coffee shop • Convenience Store(no Fuel Service) • Creamery • Family&Group Childcare • Food and Beverage Sales(hours limited to 7am to 10pm) • Gift Shop • Health club, spa,weight reduction salons (including a racquet club) • Home and business services • Bed and Breakfast, Boutique Hotel(up to 20 rooms) • Massage Spa • Nursery • Office Business,professional, and medical • Personal Improvement • Personal Service • Photographic Studio • Professional Activities • Restaurant(no drive thru)(hours limited to 7am to 10pm) Page 4 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc • Retail Sales Limited • Retail Sales(pharmacy and medical) • Travel services(No Fuel service) • Winery • Vet Clinic(excluding overnight boarding) • Museum 3.4.2.3 No portion of the Property shall be used for any of the following uses: • All Industrial Uses • Fuel Service • Outside Storage, • "Commercial, Adult Business," • "Commercial, Automotive, mobile home, travel trailer, and/or farm implement sales, " • "Commercial, Cemetery," • "Commercial,Drive-in theatre," • "Commercial, Mortuary/Funeral Home." • "Commercial, Storage(fenced area)," 3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of Eagle Title 8, Chapter 4. 3.4.3 The Eagle Knoll Winery 3.4.3.1 Currently, the winery is an approved conditional use under Ada County development services as a winery and sales office and is thus classified as a valid, non-conforming use. The existing winery facilities shall continue to function with the exception of the wine production building which shall serve as a banquet/reception facility. A new production and storage building shall be utilized in the southeast portion of the commercial area. 3.4.4 Open Space 3.4.4.1 The Site shall comply with the open space requirements under ECC 8-6- 5in effect at the time of the submittal of a preliminary plat application. 3.4.4.1.1 Fifty(50)percent of all units must abut Open Space, sixty—five (65%) percent of all town homes shall abut Open Space and fifty percent(50%)of all patio homes shall abut Open Space. 3.4.4.2. All open space areas are subject to the Eagle Design Review process and standards of Eagle City Code 8-2A. Page 5of12 K:\Planning Dept\Eagle Applications\ Z&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 3.4.4.3. All Community Open Space shall comply with the Eagle City Code in effect at the time of any preliminary plat application. 3.4.4.4. All Community Open Space shall be maintained by the Eagle Knoll Home Owners Association. 3.4.4.5. At the time of platting the developer shall provide a sufficient area acceptable to the City in the northern portion of the Property in order to locate a"Welcome to Eagle"monument. 3.5. The Property is not in the Eagle Sewer District Planning area or the City of Eagle Water Service Planning Area. The existing winery development is served by a community well and package wastewater treatment system in conjunction with the Trellis Subdivision to the south of the site in association with the Trellis Subdivision to the south. Prior to any expansion of the uses on the site or the signing of any final plat, the City shall require proof of adequate water and sewer service to the proposed residences and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, and Idaho Department of Water Resources of any such services or the Property shall be required to annex into the Star Sewer and Water District. 3.6. Owners shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the applicable state and federal agencies, along with the City of Eagle, 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 all laws and regulations pertaining to regulated wetlands. 3.7. Owners will comply with all rules, regulations and ordinances of Eagle unless as otherwise required herein, including, but not limited to, applications for development permits as required by Title 10, Flood Control,Eagle City Code. 3.8 Owners shall provide an on-site, tree lined landscape strip along State Highway 16 as generally shown and depicted on "Exhibit A", attached hereto and incorporated by reference herein. The landscaping, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions. 3.9. Streets shall be stubbed west to Pollard Lane with the access to Highway 16 shall be relocated to the north. A secondary emergency access shall be provided and the location approved by the Star Fire District and ITD. All other access points shall be removed from the Site Concept Plan. All access point to Highway 16 shall be designated as temporary access until such time as a new access to Pollard Lane is achievable or traffic counts exceed ITD or Star Fire Districts Standards. All access points; road and stub street locations shall be approved by ACHD and ITD prior to submittal of any preliminary plat. Page 6 of 12 K:\Planning Dept\Eagle Applications\R7..&A\2007\A-04-07&RZ-04-07 DA ccf final don 3.10. Eagle hereby acknowledges that the attached typical housing styles "Exhibit D" and lot layout plan represents an example of the Owners current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the concept plan and related designs herein. The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the"Conditions of Development"stated herein. 3.10.1 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design review Board and City Council prior to the issuance of any building permits. 3.10.2 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. 3.10.3 As described by the owners, strict architectural controls shall be enforced shall be in keeping with proposed typical architecture standard for the development. Examples are attached as Exhibit D of this agreement and are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat for phase one. 3.10.4 The owners shall provide a modified site plan showing an increase buffer between the existing River Birch golf course and the residential use on the south of this site. 3.11 A letter of approval shall be provided to the City from the Farmers Union Canal Company approving any encroachments of the canal company's facilities. The owners shall also provide a copy of any License Agreement associated with the site prior to the commencement of construction of any improvements on the site. 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"Exhibit C". ARTICLE V DEFAULT 5.1 In the event the Owners 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 specific performance, or any other rights or remedies available under Idaho Law, including but not limited to the right to demand the Owners to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to Page 7 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 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. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. 5.3 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the A-R (Agricultural-Residential) zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant(or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms 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 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 Owners. Each commitment and restriction on the commercial 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 Eagle and the 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 and 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. Page 8of12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 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 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. 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 Owners 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: Highway 16 Winery,LLC Attn: Ron Beckman 1790 West Spanish Drive Eagle, Idaho 83616 Benaldine Linotti 2002 Trust Attn: Benaldine Linotti 2141 Wilmington Dr. Walnut Creek, CA 94596 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc 8.6 Grant of Security Interest. Owner hereby grants a lien to secure the payment of any deferred balance of the attorney fees and the engineer fees, together with interest accrued thereon. In the event Owner fails to pay such fees, the City may without prior notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. Upon request of Owner, the City will execute and deliver a partial release of the lien created herein against any property located within the Project upon payment by Owner of that portion of such fees which bears the same ratio to the then remaining unpaid balance of such fees as the acreage of land to be released bears to the total acreage of land utilized to compute the amount of the required fees. Upon request of Owner, the City will by written agreement, subordinate the lien created hereby to any mortgage, deed of trust or other security device required to secure the payment of any loan or advance made to Owner for the sole purpose of financing the construction of improvements upon the subject property; provided however that the financing institution entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. Any prepayments made pursuant to this provision shall be applied in inverse chronological order against the regularly scheduled payments set forth herein, and such payment shall not release Owner of any obligation to make the next regularly scheduled payment. 8.7 Default. In the event Owners fails to comply with the terms and conditions hereof in any material respect,the City may, without further notice to Owners, 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; E. Withhold reimbursement of Project inspection fees 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 extend 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. 8.7 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. Page 10 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc IN WITNESS WHEREOF,the parties have executed this Development Agreement. DATED this /5 day ofJ4/1!1c?,y20113 n " ♦ ° 7 r �.•'�flc CITY OF EAGLE, a municipal corporation organized .�, 1� T�,•\ and isting under the 1.ws of the State of Idaho • O U• v ' e ti z By. A,' ' ■: ��G Pw;�Q'� James D. Reynold-, Jyor ••l'c)R';:• 14�4. 50•• ,. T 1 ,, ATTEST: - �i...► � - ♦�,1��/rte Sharon K. Bergmann, City Cler Owners: Highway 16 Winery, LLC By: Ron Beckman, Trustee Benaldine Linotti 2002 Trust By: Benaldine Linotti, Trustee STATE OF IDAHO ) See attached notarial certificate. : ss. l County of Ada ) On this /6 day of n a r , 2014before the undersigned notary public in and for the said state,personally appeared JAMES . REYNOLDS,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. sostweefft �.e .'." AR bli �j or,dah• --� ms„ O'S 'esi'ing t: 4 40111.M t om ission Expires: 6, / r O ♦" Pins'' �O • 4 •..•%. A TE U4 ..1IIa.•.{l.-- Page 11 of 12 K.\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc rI CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 � 1 State of California �i ii I 1€ County of Cp€,4- Cos-(-k I On ©e.� •' 1 a0 (� before me, Or OtSVItcU tI 10 , eu\oLsc_ '1 I (Here insert name and title of the office 11 ii personally appeared �jE_n pv\ .J (VI L ti � - , 1 I{who proved to me on the basis of satisfactory evidence to be the persona')whose name,( i•/r subscribed to 'j the within instrument and acknowledged to me that executed the same in . . °' P g ���11��y •� h�Ir authorized j; capacity(iee, and that by ' er hpif signature(,s3-on the instrument the person(ts), or the entity upon behalf of II which the person(dj acted, executed the instrument. t t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � � . A. O'SUtIIVAN N ..,����r= CoM�a.# 1965686 rA r" NOTARY PUBIIC•CALIFORNIA V7 I 1 1 I WITNESS my hand and official seal. CONTRA COBTA COUNTY - �'�:y MY COMM.EXP.JAN.8,2016 t i ` i� /I LPL 1- t Signa is of Notary Public (Notary Seal) f( f l li . 1' • 1 1 f ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ii Any acknowledgment completed in California must contain verbiage exactly as ,I DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be E I 11!1 properly completed and attached to that document. The only exception is if a t '' document is to be recorded outside of California. In such instances, any alternative ' i p u �T�'� acknowledgment verbiage as may be printed on such a document so long as the (Title or de cription of attache.d. �ment) E I verbiage does not require the notary to do something that is illegal for a notary in 1 1 California (i.e. certifying the authorized capacity of the signer). Please check the f1 € document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued) I ii ! • State and County information must be the State and County where the document i 1 Number of Pages `� Document Date (I`G�/ ,1 ii 1 signer(s)personally appeared before the notary public for acknowledgment. �� • Date of notarization must be the date that the signcr(s)personally appeared which must also be the same date the acknowledgment is completed. ., l i (Additional information) • The notary public must print his or her name as it appears within his or her t commission followed by a comma and then your title(notary public). !I ! • Print the name(s) of document signer(s) who personally appear at the time of 't notarization. ' • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ' F CAPA CLAIMED BY THE SIGNER g P Y g 1 QC Individual ca he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this !' •information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 1 t Impression must not cover text or lines. If seal impression smudges,re-seal if a .f (Title) sufficient area permits,otherwise complete a different acknowledgment form. I I f E ❑ Partner(s)s) • Signature of the notary public must match the signature on file with the office of j F j the county clerk. 1 ❑ Attorney-in-Fact Additional information is not required but could help to ensure this j ❑ Trustee(s) acknowledgment is not misused or attached to a different document. !i ! ❑ Other Indicate title or type of attached document,number of pages and date. I E • Indicate the capacity claimed by the signer. If the claimed capacity is a 11 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com _ STATE OF IDAHO ) : ss. County of Ada ) ;14 On this 9 day of Sti.eri'.l 6L,2 , 2012, before the undersigned notary public in and for the said state, personally appeared RON BECKMAN,known or identified to me to be a Member of Highway 16 Winery,LLC, owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. _so W S PAR ,'' Notary Public for Idaho Residing at: 1`7 �p My Commission Expires: '////�7 - PUV" o •• A TES OF���,,, STATE OF IDAHO ) : ss. County of Ada ) On this day of , 2012, before the undersigned notary public in and for the said state, personally appeared BENALDINE LINOTTI, known or identified to me to be the Trustee of Benaldine Linotti 2002 Trust, owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 12 of 12 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-04-07&RZ-04-07 DA ccf final.doc PROJECT INFORMATION ,--\., EXHIBIT "A" Project Location: EAGLE KNOLL DEVELOPMENT-ALONG STATE HIGHWAY 16 3703 6 3705 N.HWY 16 EAGLE.IDAHO .'G,S\O Zoning: MST.- RUT(ADA COUNTY) PROPOSED: MLLOA ��GO" Site Area TOTAL: .): CURRENT TOTAL: 1,351.983 e.1.(31.18 Area) ADJUSTED TOTAL(w/o 9441110 6.0.8.): 1.296,540 el.(28.78 Aar) 4- TOTAL DEVELOPABLE: 1,167,085 sI.(26.79 Aoea) O DEVELOPABLE(RESIDENTIAL): 814,400 s7..(14.10 Aar) ��O.f DEVELOPABLE(COMMERCIAL): 552,885 s(.(12.68 Awes) ♦ Setbacks(MU): FRONT: As defined in Development Agreement SIDE As ceaned In Dewb(xnenl Agreement INTERIOR SIDE As defined in Develaprr9 Agreement STREET SIDE' As defined it Development Agreement \ PARKING ANALYSIS .``\\ Per Gay of Eagle Ordnance Secede 8,5 TYPE OF USE: BUILDING AREA STALLS REQUIRED .STALLS REWIRED A —" \ RETAIL W. 7,500 1.(Gross) 1250 1.150%)61/50.I.(50%) 40 I \1 \ \ RETAIL'S`. 2,000.L(Gross) 1rz60.L(50%)611150 et.(50%) 11 �G\\ '\ RETAIL'C'. 8500.E(Gross) 1/250./.(30%)61/160 s.1.(50%) 46 RESTAURANT: 2.500 et(Gloms) 1)150 et 11 ;+'�\\. \\l WINE SHOP: 2.500sf.(Gross) 12505.5 10 `\\ BANQUET HALL: 3,400 s.f.(Graas) 1)150 el.. 23 F:.,,,,,47.., I .��,\� OFFICES: 1,870 s1.(Gros) 1250 s1. 8 <rn.n ' \\ \ PRODUCTION: 8,000 et(Grua) 1/1000 et 8 \ NURSERY RETAIL: 10,0001.f.(Gross) I/250 af. 40 \\ \ t�\ \ \. NURSERY OUTSIDE. 16,000 s..(Oren) 1150014. 32 j \1\ BED 6 BREAKFAST'. 32 SUITES 3241 per employee 40 '1 n^,} �! \ \ TOTAL ne 4,./.?'f f \ `Retail perk'ng A basted throughout the oomnre1UN core area end shag cove the perkew �� ,\ roglpememe for IA commerical buildings f-tr' \� ,•\ 1/ "Al townhouse dwelling u.shall be dldled 2 perking stalls(i wage(min 01 eart.c.). rf''''?",;',',.,;?":4;;;Y, \\\ \\ :Y SINGLE-FAMILY eir9Ismity d.lkqu4*0 UNITS.6141.42 perking Maas(1 garage(TO.Yl surf...). j ,rr,. rss-� ' �, � "0 I RESIDENTIAL DENSITY F ri/ Fh`)\'\tW ad,8. Per City of Eagle Ordnance Seclbn 8-2.1 r DEVELOPABLE(RESIDENTIAL): 814,400 af.(14.10 Acres) �r /� p DWELLING UNITS: ,r.1i 1,r. / \ IM we.>eiiwr SlgIeFamllY 20 UNN 1j9''•�r!Irf/'f \) .\ Townhouses(Common WY). 60 Units g' \ �' � �� 11 DWELLING UNITS PER ACRE V./ `i 1"Y fTA j/'- Per Readenli&DavebpeSb Ares'. 60UrW IAne(As Sham) 7� .�" COMMON OPEN SPACE }. th Per CMy of E.g.Orddel100 SecO0166-5-2 Common Open Spec II MI . r \.✓ . .1f'\ 20%e LAND AREA(TOTAL). i KvV�'I ✓ v �r ` �V ". 14.m k 20%.2.82 Acres �y pr.. !r— \ \ � �'�1h". Mae(=\ AREA OFFSET A6094 REQUIREMENT fiance Sac • ( \ `\ Per OMyNEpM Ordnance Ss.f. B-2JG !rt ` MYarm lot else=50W S1 r c.. ' \. % NONE REQUIRED ,\\; ' y1 y� \ , Pmpmetl Open Sp..123,274 a.1(2.63M ) IMe.aaaY M ./ * \ \ 282 Agee 42.83 Aae3(Proposed Open Space)O.K. tis% . r r �`r ,\. rrr Vi")r , «` °;fir • \\ rr, �1 1 °„ ,,,•.-,,,,47_-_• :,,,.. rr k �. . P; � awl” a \ \ '. • • '46,.,:". � {) ' 1 "'le*,t M.wM \\tEP N \ t ( � tea. .r ,,/.g1IP*e\\ e . b 1A,. ,,laws Mm pp �\\` . :13..'1 1 1 ••r+–'fir•"..try– , li 'OW' '\padi t F s r r � 1. ro ro �P err ii p c nn , � , am 0 50' 100' O D rn 0 71 SCALE:I'=100'-0" V r"r M a A Site Concept Plan for the XI11hit6B..! EAGLE KNOLL DEVELOPMENT o,swetwAswerro,c v.4nwn Eagle , Idaho �� ZAI.: aw rAffi 24 O c t o b e r 2 0 0 7 EXHIBIT "B" Page 1 of 2 Knoll Winery LEGAL DESCRIPTION FOR City of Eagle Annexation of Knoll Winery A parcel of land located in the Southwest 1/4 of the Northeast 1/4 of Section 33 and the Northwest 1/4 of the Southeast 1/4 of section 33,Township 5 North,Range I West, Boise Meridian,Canyon County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southwest 1/4 of the Southeast 1/4 of Section 5,Township 4 North, Range 5 West, Boise Meridian,derived from Record of Survey No 6332 Instrument No 10392475 recorded in the office of the Ada County Recorder on November 14,2005 taken as South 89°27'06"East with the distance between monuments shown to be 1326.62 feet. BEGINNING at a point being the Center South 1/16 corner of Section 33,Township 5 North, Range 1 West, Boise Meridian from which the South 1/4 corner of said section 33 bears South 00°01'57" West a distance of 1325.07 feet; thence along west line of the Northwest 1/4 of the Southeast 1/4 of said Section 33,North 00°01'57" East,a distance of 1226.44 feet thence leaving said west line North 89°58'03" East a distance of 28.66 feet; thence North 00°01'57" East a distance of 658.58 feet; thence South 89°58'03" East to a point on the Centerline of State Highway 16 being centerline station 155+21.04 a distance of 136.36 feet; thence along said Centerline following a curve to the left from a tangent which bears South 20°32'48" East,with a radius of 1,909.86 feet and a central angle of 16°38'53"an arc length of 554.94 feet with a chord bearing of South 28°52'15" East,and a chord distance of 552.99 feet to Centerline Sta 149+66.1 thence continuing along said Centerline through a 360 foot spiral curve to the left beginning at Sta 149+66.1 ending at Sta 146+06.1 with a Spiral Delta of 5°24' and a =5/6 with a chord bearing of South 40°47'41" East,and a chord distance of 359.86 feet; thence continuing along said Centerline through a tangent from Sta 146+06.1 to Sta 145+47.6 South 42°35'41"East a distance of 58.50 feet; thence continuing along said Centerline through a 360 foot spiral curve to the right begging at sta 145+47.6 ending at Sta 141+87.6 with Spiral Delta of 5°28'and a=5/6 and a chord bearing of South 40°47'41"East a chord distance of 359.86 feet; thence continuing along said Centerline along a curve to the right begin at Sta 141+87.6 ending at a point on curve being the intersection of Highway Centerline and the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 33 being Centerline Sta 132+82.41 from a tangent which bears South 37°11'41"East,with a radius of 1,909.86 feet and a central angle of 27°09'20"an arc length of 905.19 feet with a chord bearing of South 23°37'01" East,and a chord distance of 896.74 feet; \\ts-server-01\data\Survey\TS-12\IDAHO\CANYON COUNTY\1201S-DOUG GROSS BLA-454-5\survey\LEGALS\PARCEL t.doc Page 2(4'2 Knoll Winery thence leaving said Centerline and continuing along said south line of the Northwest 1/4 of the Southeast 1/4 of Section 33 North 89°36'26"West a distance of 1,302.19 feet to the POINT OF BEGINNING; Said Parcel containing 330,525 square feet or 7.59 acres,more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION This description was prepared from record information no field survey was conducted to verify boundrn y or monuments nor accuracy of the record. Record Data: (Ada County)Record of Survey No. 6332 (Ada County)Subdivision Plat—The Trellis Subdivision Book 87 Page 9991 ITD highway plans Project DS-3832 Kenneth H.Cook, P.L.S. 9895 NL LANO Timberline Surveying ,AGIST-�� 847 Park Centre Way,Suite 3 `� Nampa, Idaho 83651 (208)465-5687 ` --- 3895 1/11 fl .cif fP o 1Up�`'r Zlw1. Go • 11ts-server-011data\Survey\TS-1211DAHO\CANYON COUNTY\12018-DOUG GROSS BLA-454.51survey\LEGALS\PARCEL t.doc EXHIBIT "C" Affidavit of Benaldine Linnotti on behalf of Benaldine Linotti 2002 Trust AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) Benaldine Linotti,who being first duly sworn under oath, deposes and says: 1. I am Benaldine Linotti,who is trustee of Benaldine Linotti 2002Trust,whose mailing address is 2141 Wilmington Dr. WalnutCreek, Calif. 94596. 2. Benaldine Linotti 2002 Trust is the owner of the parcel of real property described on Exhibit 1, attached hereto(the"Property"). 3. Benaldine Linotti 2002 Trust authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the /3 day of J fr , 2012 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Benaldine Linotti 2002 Trust(the"Agreement"). DATED this /5 day of Al j , 2012. By: Benaldine Linotti 2002 Trust By:\ enaldine Linotti,Trustee SUBSCRIBED AND SWORN to before me is f 4) day of Ilia. ,2012. 1 ...�bC�,'•.�� Notary P r Ida • 4. o•��ti�lg n d * Residing at Au , daho ®,. * -14v1.~' My Commission expires 10 14 61)/Lf , L ADA COUNTY RECORDER J.DAVID NAVARRO AMOUNT 16.00 3 BOISE IDAHO 01./17/11 02:45PM DEPUTY ED-REQUen 1I'III111111111111I III1'1III,IIII'll"'lll' RECORDED-REQUEST OF FIDELITY NATIONAL TITLE- RECEIV &FILED 1 , Fidelity National Title* ( CITY OF EAGLE n @`; Insuu-Hnco(ompany Order No.: 1071203-nbl MAR 262012 File:-----.. ._. Route to:_ _ .__.._-. WARRANTY DEED FOR VALUE RECEIVED Dave Buich, a married man, as his sole and separate property GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Benaidine Ml.;inotti,.a-n.unmarried woman GRANTEES(s), whose current address is: 2141 Wilmingtton Dr, Walnut Creek, CA 34 596 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A' TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(d o) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated this ("Flay of January, 2011 Dave Buich '' ..... Order No. 3.O71203-nbl Deed-Warranty J4J11 3:43 PM ' AOA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 801SE IDAHO 04/21/11 09:37 AM • Recording Requested By: DEPUTY Lisa Hatt 111111111111111111111111111111111111 Mark L. Cederborg RECORDED-REQUEST OF 111933113 Cederborg&Bret When Recorded Mail To: RECEIVED&FILED CITY OF EAGLE Mark L. Cederborg I Cederborg & Bret LLP MAR 2 6 2012 1299 Newell Hill Place Suite 203 File: Walnut Creek, CA 94596 Route to: • Mail Tax Statements To: The undersigned grantor(s)declare(s): Benaldine M. Linotti,Trustee City Transfer Tax: None 2141 Wilmington Drive Documentary Transfer Tax: None ...Computed on the consideration or value of property Walnut Creek, CA 94546 conveyed;OR...Computed on the consideration or value less liens or encumbrances remaining at time of sale Transfer to a Revocable Living Trust. Exempt Under R&T Code§11930, Realty Not Sold GRANT DEED FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, BENALDINE M. LINOTTI, and unmarried woman, hereby GRANTS to BENALDINE M. LINOTTI, Trustee of the BENALDINE LINOTTI 2002 TRUST dated May 7, 2002, the real property in the County of Ada, State of Idaho, described on Exhibit"A" attached hereto. Dated: April 8, 2011 r Q.. BENALDINE M:LINOTTI MAIL TAX STATEMENTS AS DIRECTED ABOVE STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) OnApril 8,2011, before me, Judith L. Conradson, a Notary Public in and for said State and County,personally appeared BENALDINE M. LINOTTI, known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. .Notary Public in and for said State and County D °- ''-:, m'4 ='A- NOTARY'AARYY PUBLIC?CCAALIFORNIA 'V C• �f ill?/ CONTRA COSTA COUNTY 1k..Comm."tress_ Fob.5.2013 'k y v • EXHIBIT "A" •A parcel of land being a portion of the Northwest quarter of the Southeast quarter of • Section 33, Township 5 North, Range 1 West, Boise Meridian, Ada County, Idaho,-being Parcel 2 of Record of Survey No. 6332, recorded November 14, 2003 as 103192745 as on file in the office of the Ada County Recorder, Boise, Ada County, Idaho, said parcel being more particularly as follows: Commencing at a brass cap marking the South quarter corner of said Section 33; thence along the West line of the Southeast quarter of said Section 33 North 00°01157" East, 1325.07 feet to an iron pin marking the center South 1/16 corner of said Section 33, said point also being the POINT OF BEGINNING; thence continuing North 00 001157" East, 358.09 feet to an iron pin; thence leaving said West line along a line parallel with the South line of said Northwest quarter of the Southeast quarter South 89°36'26" East, 1158.50 feet to an iron pin on the Westerly right of way line of State Highway 16 as shown on the plans for F.A.P. # DS- 3832 (5); thence along said Westerly right of way line along the arc of a curve to the right having a radius of 1869.86 feet, a central angle of 11°27'21" a length of 373.86 feet and a long chord that bears South 15°59'25" East, 373.24 feet to an iron pin on said South line of the Northwest quarter of the Southeast quarter; thence along said South line North 89 036126" West, 1261.52 feet to the POINT OF BEGINNING. • • • EXHIBIT ' C"' Affidavit of Ron Beckman on behalf of Highway 16 Winery,LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) RON BECKMAN,who being first duly sworn under oath,deposes and says: 1. I am RON BECKMAN, who is a trustee of Highway 16 Winery, LLC, whose mailing address is 1790 West Spanish Bay Drive,Eagle,ID, 83616("Highway 16 Winery"). 2. Highway 16 Winery is the fee simple owner of the parcel of real property described on Exhibit 1,attached hereto(the"Property"). 3. Highway 16 Winery authorizes the submission of the Property to certain Development Agreement pursuant to the rovisions set forth 'n n Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the ^/ day of � 012 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Ron Beckman,Highway 16 Winery, LLC (the"Agreement"). Anowi DATED this 7 day of - / 012. By: Highway 16 Winery,LLC By. r .. Ron Beckman, Trustee (-717-1 SUBSCRIBED AND SWORN to before me this / day of �i�Tg,,.e .2012. • •J, Notary Public for Idaho 4 �pT AR y : 1 ,Residing at DDA- G our ,Idaho • ! • • _ My Commission expires (s7 /// • • G PUB'•‘ •'O :! A2,••••••••••• P ,,� Page 1 of 1 C:\Users\rbeckman\Documents\WRC Operations 2012\City of Eagle Annex A-04-07_&_RZ-04-07_DA_Affidavit.doc _ _ _, --_ -- - -_ ,_ Eagle, Idaho 83616 _ (208)424-85l1 ' � � � / Order No.: T�1UOl7Ol ~ �,��y�A��[��� 101068/A1893462 0 E, AsPAJ Q, . TRUSTEE'S DEED '' ' ^'^-^��-~ ~~ TidcUnc Corporation, an Idaho corporation(herein called Trus:cc)uy trustee under the Deed of Tri)sttherietpafteript,andicitilailir- douc/i6cd.domshemc6y8argein. 3oUondConv:I, wichumnurrun/y, tuRlGHV/AY 16 WINERY - r~ - c `'^�cumpwnywhascsddrcssiz|790 W. Spanish Bay Drive, =|c� |JSS6|8(herein called Grantee), all blithe ~u� p mponys icumco in :he Coun(yn[&daC*umI. Ormzuf Idaho, described nu follows: See attached Exhibit A This conveyance rs made pursuant to the po ers conferred upon Trustee b> toe Deco of'1 rust between Dasud Sarch and Karen Such, as original grantor(s) for the benefit and security ofMagnetBonias beneficiary, recordea Februars 6,2007, as Instrument Nn iO7O2343|. and assigned mR|GRvY�Y 16 WINERY LEC,an Idaho!United liability company by assignment recorded February'29, 0(2 cu [ns�nmmn��o� il28)838|. ��o��u�oRccordoof4doC000g/. l�xho�ndoO�rrb: fui�||monru��hccon�idunaupcc��rd |no-id ' Dcodof TmouuMhor{r�n�chiyconvcyunumxs5/Oows: ' i Default occurred in the n6||§*honS ifor which said Deed oiTmst nay8ivcn as security and the heneficiars made demand upon the sa:d trustee to sell said property pursuant to the terms u[said Deed of Trust. Notice ufDefault was recorded as Instrument Na. : i 10:0343, Mortgage Records of Ada County', Idaho and in :he office of the Recorder°leach county in which the property described in said deed of:rust or any part thereof, is situated, the nature of such default being as set forth :n sad Notice of Defaut Suchdcfbub still existed at the time ofae. 2. After rezordutionofsaidNcuiceofDcfavlt, uustne8pvvncxiccn7doUmoondpiazrnfrhcou\cufsaidprnpertyhy registered/certified man, return receipt requested, by rersona, service upon the occupants of said real pmPcny and/or by posting in a conspicuous place on said premises and by publishing in a ne-,vspaper of general circulation in each of the co5.nties which the property is situated as more fully appears in affidavits recorded as least 20 days prior to date of sale as Instrument No(u) 171029104. \ } |U29|85dL | ! lO29|UG` Mortgage Records of Ada County, Idaho, 2 The provisions, recitals and cOfltents of the Not:ce of Delauit 'efbrred to : paragraph (1) supra and of the AffidavIts referred to in paragraph (2)supra shall Pe and they arc hereby incorporated herein and made an integral part hereof for ail purposes as though set forth therein at :ength. 4. All requirements of law regarding:he mailing, personal scn/icr, posting. publication and recordirg of Notice of Default,and Notice of Sale and all other notices have been comp|ic6 with. 5, Not less :han 120 days elapsed" between :he giving of Notice of Sale by registered or certified mail and the sale of said property. 6. Trustee,at the time and place of sale fixed bysa|d notice, at public auction, in one parcel, omnknU`o Ornntcc, being the highest bidder therefor , the property herein describcd. 5archosuruofS| 6OO.OQO.O&subjc# honevcr»oa|lprim |icnsundencum6mnc*s, No pet-son or corporation offered to take any part of said property less than the whole thereof br the amount of pnncioal. interest, athances and costs. IN WITNESS WHPREOF,The Trustee, pursuant to a resoluhon o its Boa-U of D:rctors baa caused ta Corporation name to he hereunto subscribed. Dated: March l. 3O|2 TIT .[ONGCORP RATION, Trustee, �. `" _. ' _ + By: Cm./ v / Its: Assistant eusunr v State of Idaho County of Ada On this is: day o[March in the year 20}Z .before me. :he undersigned, o notary public in and for said state posono[yappeared, Cindy Van Lith known to me to be the Assistant Treasurer of the coroorotror that evecatad this instrument ard the person who executed the instrument on behalfoIsa:d corporation, and acknow|cjaed to me th.o such corporation executed the same, in witness whereof, I have hereunto setrtiny hand xed my official the day anit year in this certificate first above written. Notary Public Residing at: '^/^ � /D K4y commission uxpinmo � ' N_EXPIRES: 8/11/2015 . ,~� -�^ 1" ^ ~ LX.H1811 A RECEIVED mFILED • CITY OF EAGLE { Aureciofkmdhuingupouion *C,hcN^uhuotquunurubhcS.`x(hcua4uuno,uodthuSouth halt ot thu APIRdsOsed20112 of toe MunU*a`, guun�ru[�u/ion 33. [m^nuhip .`rh, Kon�, | V\cu 8vi`, VIe,|Jiu/, Ada(.1. \o ^uiJ 2uzmdvd \ ` m \. . |0.; d 'ounu RRoute 7or o| h,ing puoiw},, J,.eri6cdu1uUo"`. L,:m/cnanaauhos.sap /nurkmd |hchoud/ 4uuucru.mcro[shod sc /i"o 11. zbrnc/x7ong the 'A v| Suu1buuqunnrrm ,uJ srcm^c �3 North UUdug:Jr," 57` | ,`/ 1.'01i97 |euwnn iron pal ouuting!hccuxcrSouth | 19 concro[sniJ9ocnoo comiuuinid North 00 dcgmeoO|'57^ Ixm �.58.Ov !Uo/m on iron pin /nmkmg tit Point thcoc" mminvind: North OOdcgcc 01'57'' hw� |h27. 0 /o :in iron pin mud.hng thoHnnh"oacumo.,f,uid South hahu[the 5umhnc4quuncro| the: Northeast, quumucdznoru|nun th/ Nunh lino oi:said South hill `hhrtzytb^oaqoano oldie Northeast, qoxuu south #9dc�L'u` |8' O6' 6^« root mmn iron pin mn ,hc 0csuri! ,ight+,r-^w, 1idcu[State |Ua.h"u! l0a` ^h"vnonduplans |v/ | 1P o�-38Z1: .uod \id |'nirc, N. ) obrnoca|un� mid urmud! riah�++*a> Uoevkmt the asoucx^cmIh� |ci hu`ioSumdiu" m | |7x 92 lout. x `�unuu| ^u�|c ^/ |7dcgsc,. �7ud' u lungJh :hid x icing JhvnJ /hu| bcnn south 2Juv�wo U33 r 391 |uawap^imm�^ vmn'/an�cov .nnc� U/ �nuin�u(uo��hxmuubon« /u8c |ott hn`iog wndiusuf '999 %o foul. : cxx,n| uny|o. uh IP Lkaudgids x|x)�' u !mtahor8-4-Luq feet and. o |.`ud. chord that uc u Suu\b2 :deg :c` [2:| |^ |-u,/ .1/i»o loot /nm iron p/nmirkiosuis `imm.un/* ,piu| cm`cthcnc*uonhnumg along"nuhfsgt Li"N :o tile cit Lii ogo length of |7x.|4 L ,iIL HO II' 111.11 PC swath •:;(4 dogrees n8'56^ Last |7O.| | feet muo iron pin: Uuocccuncnuimg South 5Zduldruc 34'Z9' Fast j|»7l'emmmn iron pin:thmorcoodouin8a|vug^xuDso spiral cun: ,ho |,tt h*in�slength ,f| J .Uld .1 0110 LOOIU that hear' SuuU42do,,drzms 19]4'' Lu,t |44.0O food ruun iron pinhrhcnccconbnving South 42dogrgc^ 35'42'' Fast 5Hj2 :dei I 'ii iron law marking a point o[spiral cm^m: thence:continuing along rho are ubn*0fsc ,pm| cur°:It) :he PO! ba ;nu uirnghmf75i2V |cuunJ a long,chord that boars South 40dcgrxm48'25^ Lea3 5.5.|5 fauwun /mnpinh thm`, son/iauina. South uidxgridc 19'12'' Ews/ 22 466umu point, thhcncu ulihng ,ho hire ofmrun right hm`ingu radius o[)8h9.Gu |cm. u conui una|o or || d:rip:uc. 5[Z' u |cndth chord that l'teap south Jcg,cnU8'5|^ iu*40 CCI Ii 11: /umpin ..nuUr, /huIupumUd and North o the South line.o[said Nonhvm uvdn., "hh, soommmtquuncc :hone: alone said pon Ua{ |w� Nouh8qJugrgmJu-2o^ 0m/ X !idol »' 6/ Point, uf8*�nom� Fsccpt /hut, portion, 'hou,| Jumnbed A parcel of land being u portion u/5cuion2:z^ iuvnsh^p Nunn. Kongo | T\ou/. 8ms' \|uidion. AdaCoum. , )Jmhuund more puncu|a � r!yomz m ib�� , Commundnit atmhu,xc,p marking ne sown quun `,comcr r Q5 �xm �] m � | � h 8, h d ` " `x/ u . m�* u n�� u nn - v/ `xn� /n,m �cuivn :3 � — North Uv degrees O| 57'' Last Z5 5| 5| toot muninmrig kih:„?.the POI:): 0! rh ;inditT No111 00 V124,omU[57^ E,u7.00.117' fe* ^^m /mopin marking thu N°ohuo* u`n,o,o(du: South hall.` the 5ouUm+/ quwmoorUho \ouxma quarter.`f Scui^o2thuneu along the North 1') HO 01t '19' sIt II s' SL'UiIhOe't LlLIsI'tCr /"n .3:1 |@V*' io^t oO�] l'eumon Iron mnnoa ^nthc 'A\/ t /igdit*f-`m} lino uf State i|igAvm} Mu Iii: IlleneC 310110 s:id Vvxurhgtm['vu! a|uog the are ofamnowzhc |chhv`me u radius oi | |78.V211,:c . x central mng|ro[O� d���, |cn8zhu[ |u4.20 �uonJo long chou that beaus South 19 du8oes 5!'Z5^ |�*x/ 104.27 feet man imn pin:thwneu IC.I\ 110 .Id u.ca rightu -^o! |inr m|mn&a |inc at right nnt|c.m said Ncnk'Suutbowntedincu[Section 32: North 89 deghruus 5U0^ \\.cmb227te# wao iron pint thuncr along^ |im*pau |ba| ^i\bxziJ North-South ccxhcr|incu[5c vun �3 South 90 degre*^O[57^ Vv=,u50.5X lec man Iron Pin: rhuocc riuht angles North 59 dcn •es 5#x.3 ' V,L.'s! 28o5 loot /uzhw Point oi |\c�nnin� ^ � " - ` , ',,4:,,,:i' EXHIBIT "D" 2-1:ti '• ' k444 .- . , . , • , ,.„ , . e .... •,,:",. ,i'' ' "' " - ..._ 4.4100,, . i • ...A. 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