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Development Agreement - 2012 - Legacy DA MOD3 - 11/14/2012 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 16 BOISE IDAHO 03108/13 08:30 AM DEPUTY Baile RECORDEDIC REQUEST OF III I I II I II II I II I I II I IIIIIIII II I III III Recording Requested By and Eagle City 112473 When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT MODIFICATION This Development Agreement Modification, 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 Cloud Berry, LLC, ("Applicant"). WHEREAS, the Applicant is the owner of the following parcels: (i) the portion of the Preliminary Plat that has not been final platted; (ii) the Undeveloped Academy Parcel; and (iii) the majority of the balance of the real property subject of the Development Agreement.. The combined acres of these parcels consist of approximately 448.25 acres. The Applicant's properties are collectively referred to hereinafter as the "Applicant's Property" and are legally described on Exhibit A, and depicted on Exhibit B (the "Revised Concept Plan") attached hereto; and WHEREAS, the proposed development agreement modification includes properties within an area currently zoned R-2-DA-P (Residential — two (2) units per acre with a development agreement—PUD); and WHEREAS, a Development Agreement was executed by the then Mayor of Eagle on October 10, 2006 and recorded October 12, 2006, as Instrument No. 106161990, records Ada County, Idaho, and subsequently modified by a Development Agreement Modification executed by the then Mayor of Eagle on January 14, 2009 and recorded as Instrument No. 109008326, records Ada County, Idaho, which Development Agreement and Development Agreement Modification are hereinafter referred to as the"Development Agreement"; and WHEREAS, a portion of the property subject of the Development Agreement obtained preliminary plat approval in accordance with the Mosca Seca Subdivision Preliminary Plat (the "Preliminary Plat") approved by Eagle on or about August 22, 2006; and WHEREAS, a portion of the Preliminary Plat property was subsequently platted in two phases: the first platted as Mosca Seca Subdivision No. 1, Instrument 108028316, records Ada Page 1 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fill ver.doc County, Idaho; and the second as Mosca Seca Subdivision No. 2., Instrument No. 108096411, records Ada County, Idaho (hereinafter the"Platted Portion"); and WHEREAS, the original property subject of the Development Agreement consisted of approximately 624 acres (the "Original Property") permitted up to 1,373 dwelling units. To date 241 residential building lots have been platted in the Platted Portion; and WHEREAS, Eagle Sport Legends Development, LLC, one of the original applicants in the Development Agreement, originally intended to develop a portion of non-residential property with recreational and social facilities ("Academy Facilities"), including the Nicholas Academy of Golf, Spitz Academy of Swimming, Hamm/Foundy/Chastain Academy of Soccer, Collier Academy of Tennis, and a Signature Academy of Fitness, and to utilize the Academy Facilities for a curriculum of instructional and training programs, pursuant to proprietary licenses (the "Licenses") granted to Eagle Sport Legends Development, LLC; and WHEREAS, Lot 2, Block 5, Mosca Seca Subdivision No. 1 has been developed as a three-hole practice golf course; a portion of Lot 2, Block 6, Mosca Seca Subdivision No. 1 has been developed for the use of soccer fields, tennis courts and parking and the remaining portion of Lot 2, Block 6 remains undeveloped (the"Undeveloped Academy Parcel"); and WHEREAS, the Licenses were terminated by the Licensor on or about April 1, 2010; and WHEREAS, a parcel of approximately 32 acres that was owned by Eagle Creek Properties, LLC — one of the two original applicants of the original Development Agreement — has been developed as the North Star Charter School leaving a remainder parcel of 17.01 acres shown as Parcel 2 on that certain Record of Survey 8520 attached hereto as Exhibit C, which parcel is currently owned by Haynes Investments L.C. (the "Haynes Parcel"); and WHEREAS, the Haynes Investment Parcel is not impacted by this Second Modification and it remains subject to the Development Agreement and part of the planned unit development (the "PUD") for the Original Property. The Haynes Investment Parcel has been granted a development density of 2.2 units per acre, and shall continue to be subject to the Development Agreement. The Haines Investment Parcel when developed shall be connected both internally to existing or future platted portions of the Undeveloped Portion, as well as externally to the greater Eagle community. Stub streets shall be identified and noted in deeds and signage as a street, as required by the Ada County Highway District(the"ACHD")and Eagle. WHEREAS, an approximately 78.13 acre parcel became subject to the Development Agreement pursuant to the Development Agreement Addendum, Instrument No. 109129733, records Ada County, Idaho, which parcel is more particularly described on Exhibit D ("Expansion Parcel No. 1") attached hereto. Expansion Parcel No. 1 and the remaining Expansion Parcels remain subject to all terms and conditions of the Development Agreement. In particular, Section 3.4.2 of the Development Agreement, Instrument No, 106161990, continues in full force and effect as it pertains to the Expansion Parcels. The Haynes Parcel and the Expansion Parcel No. 1 are collectively referred to as the"Non-Applicant Parcels"; and Page 2 of 8 K:\Planning Dept\Eagle Applications\Prelimmary Development Plans\2005\Legacy DA MOD 3 da cc fin ver.doc WHEREAS, the Applicant and Eagle desire to provide for the continuing construction of homes on the finished lots in the Platted Portion and future development of the Undeveloped Portion, consistent with the Development Agreement, but recognize that in order to do so further modifications to the Development Agreement are in order; and WHEREAS, the intent of this Second Modification is to protect the rights of the Applicant and the owners of the Non-Applicant Parcels and the Platted Property, while at the same time limiting any adverse impacts on neighboring properties and insuring that the Applicant's Property is developed in a manner consistent with the Development Agreement as modified by this Second Amendment; and WHEREAS, all provisions of the Development Agreement and the subsequent Development Agreement Modification, are and shall remain in full force and effect other than as modified hereunder; WHEREFORE, the Applicant 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 in the Development Agreement recorded under Instrument No. 106161990, records of Ada County, Idaho, and subsequently modified by a Development Agreement Modification recorded as Instrument No. 109008326, records of Ada County, Idaho, this modification is agreed to as follows: ARTICLE I MODIFIED CONDITIONS OF DEVELOPMENT 3.1 Concept Plan Amendment. The Concept Plan referred to in Section 3.1 of the Development Agreement shall, with respect to the Applicant's Property, refer to the Revised Concept Plan attached hereto as Exhibit B. The development of the Applicant's Property shall be generally consistent with the Revised Concept Plan attached hereto; provided however it is the intent of this Second Amendment to allow flexibility at the time preliminary plats are submitted to the City, so long as the general intent of the Concept Plan and the requirements set forth in the Development Agreement, as amended, are met. 3.4.1.1 The maximum overall density of the Original Property shall not exceed 1,373 dwelling units. Those 1,373 dwelling units shall consist of the 241 residential building lots contained within the Platted Portion, a maximum of 38 dwelling units allocated to the Haynes Parcel, and a maximum of 1,094 dwelling units that may be developed on the Applicant's Property. 3.4.1.2 Residential development on the Applicant's Property shall not exceed a total of 375 acres with a mix of housing types that includes patio homes, custom homes, and estate homes as generally shown on the Revised Concept Plan, Exhibit B. The minimum lot size shall be 3,800-square feet to 12,000-square feet and above, not to exceed a total of 1,094 units Page 3 of 8 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fnl ver.doc 3.4.1.3 No further townhouses shall be developed on the Original Property it being understood that townhouse acreage that otherwise would have been available for development on the Original Property may be utilized in the future development of Expansion Parcel No. 1. The total number of townhouses developed on the Original Property and the Expansion Parcel No. 1 shall not substantially exceed 20% of the aggregate dwelling units allowed, with the mixture of residential uses on the Applicant's Property Nothing herein shall be construed to increase the permitted density on either the Original Property or Expansion Parcel No. 1. 3.4.3 Commercial Office/Development. Section 3.4.3.1 of the Development Agreement is modified as follows: 3.4.3.1 Office and commercial use shall be limited to 5% of the Original Property acreage which shall not exceed a maximum of 31.2- acres. Notwithstanding this limitation, pursuant to the Revised Concept Plan, the Applicant has limited its proposed development of office and commercial use to 5 acres. The Concept Plan submitted with the Expansion Parcel No. 1 identifies 12.9 acres of commercial use. While the Applicant has agreed to reduce its commercial use to five (5) acres on the Original Property, and agreed to consent to additional commercial acreage which otherwise would have been available for development for the entire PUD as identified in the original development agreement, recorded October 12, 2006, Instrument #106161990, may be utilized in whole or in part, at the Eagle City Council's sole discretion after notice and public hearing, on Expansion Parcel No. 1. Nothing herein shall be construed as a waiver of any requirement for applications regarding design reviews, preliminary and final plat reviews, conditional use permits (if applicable) and any other applicable applications required by Eagle City Code in connection with the Applicant's Property or that of Expansion Parcel No. 1. Accordingly, Expansion Parcel No. 1 remains subject to Condition of Development 3.4.2 of the Development Agreement, Instrument No. 106161990. 3.4.4 Open Space. 3.4.4.1 At least 20%of the Original Property shall be reserved as open space. The application for any preliminary plat shall contain, in addition to all requirements of the Eagle City Code, a land use summary that demonstrates that the number of acres of existing open space, together with the number of acres of open space in the submitted preliminary plat application maintains the minimum 20% open space requirement, pursuant to Eagle City Code. 3.4.4.2 INTENTIONALLY DELETED. Page 4 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fnl ver.doc 3.4.4.2 The Open Space shall include the following: • Ten acres of community park land; • At least one tot lot for each phase depicted on Exhibit A hereto; • Regional trails connecting through the Property, from east to west and north to south; • Both Active and Passive Open Space. A minimum of 60%of the Open Space shall be Active Open Space. Active Open Space shall be defined as areas that provide gathering area for active recreation (e.g. recreational spaces, open fields, swimming pools, tot lots and trails). Passive Open Space shall be defined as neighborhood areas that provide a combination of linear open space and scenic features(e.g. ponds, berms and view corridors); and • Up to five acres of school site can be included as Open Space 3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at the time of the preliminary plat application including such area. 3.4.4.2.2 All Open Space with the exception of that included within school sites shall be maintained by Legacy Community Association, Inc., any successor homeowners or neighborhood associations, or any recreational association established to maintain a particular open space for recreational use, all as more particularly set forth in the Community Charter for Legacy, Instrument No. 108048693, records Ada County, Idaho, and/or the Declaration of Recreational Covenant, Instrument No. 108048694, and any modifications thereto. 3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south and east to west through the Property shall be dedicated to Eagle. The specific location, easement language, design, and construction plans of the pathway shall be approved by the Eagle City Council prior to the City Engineer signing the final plat for the Property. 3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a minimum 20-foot wide easement and contain paved pathways of at least 10-feet in width, and all micro-pathways designed for primary use by the residences of the Property shall be located within a minimum 16-foot wide easement and contain paved pathways of at least 6-feet in width, with all paved pathways being constructed to Eagle's pathway standards, 3.4.4.3 All open space areas are subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D) Pathway Design. 3.5 The existing North Star Charter School satisfies the Development Agreement requirement for a public school site. The placement of portable classroom(s)to be located at the school site shall be subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A and the location, design, and number of units are approved by the Applicant herein. Page 5 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fill ver.doc 3.22 The Applicant shall work with the Eagle Sewer District to pursue easements for sewer connections to the property to the north, the location of the future sewer easements shall be determined by the Eagle Sewer District and the Applicant. ARTICLE II INDEMNIFICATION Applicant, as the owner of the Applicant's Property, shall assume and pay all debts, charges, claims, damages and liabilities directly attributable to Eagle's approval of this Second Modification and shall save and hold Eagle harmless therefrom and shall indemnify and defend and/or provide for defense against same. ARTICLE III GENERAL MATTERS Enforceable Provisions. The original Development agreement, instrument number 106161990, records Ada County, Idaho, and subsequently modified development agreement, instrument number 109008326, records Ada County, Idaho, remains in full force and effect except as modified in Article I herein. Grant of Security Interest. Owner hereby grants a lien to secure the payment of any deferred balance of the attorney fees and the engineering 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. 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; Page 6 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fill ver doc 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 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. Effective Date. This Development Agreement Modification shall be effective upon the signing and execution of this agreement by both parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification. DATED this lT day of A/OIr. , 2012. C Co'•.•••..••;�`•.: CITY OF EAGLE, a municipal corporation•G • •�' `; organized and existing und: he laws of the State of GU T�• • Idah r4 • • �„SEALq;: By: . '+ :k_� � °.*••Nv"••� 0 ” a17les D. Reynolds, .yof } �)..., 19 . ATTEST: "e''aaaAVUSt.`•� Sharon K. Bergmann, City Clerk CLOUD BERRY, LLC, an Idaho limited Liability company / c By: ///f( / Bri!I F. Mc •ll, its Manager Page 7 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fail ver.doc STATE OF IDAHO ) . ss. County of Ada) /` On this /'/ day of Alfakin 1126,—, 2012, before the undersigned notary public in and for the said state, personally appeared JAMES D.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 WHEREO hereunto set my hand and seal the day and year first above written. .00 OS8OR,N i C-'1 NV( k • ir4 / 4- -. "6 • I • .0 •/ ` ot. Pu" o Idaho H �y t:ing at: C•f�2q iit p� •••�i ommission Expires: ®i /6i//S. sTATB °,.•• STATE OF IDAHO, ) : ss. County of Ada. ) On this to 'day of Q f- , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared BRIAN F. McCOLL, known and identified to me to be the Manager of CLOUD BERRY, LLC, an Idaho liability company, that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,01"Y Notary Public for Idaho " woo Residing at 3 � JO rU9ti%G My Commission Expires:_b'3Dtr6 Page 8 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD 3 da cc fin ver.doc a ;ITV OF EAGLE Exhibit "A" NOV 1 0 2011 File: Route to: DESCRIPTION FOR a ` LEGACY SUBDIVISION UNDEVELOPED PORTION November 4, 2011 A PARCEL OF LAND BEING PORTIONS OF SECTIONS 2, 3, 9, 10 AND 11,TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF EAGLE, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW%(CENTER V4 CORNER)OF '. SECTION 11, T.4 N., R.1 W., B.M.; THENCE N 89°25'59"W 1262.06 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°25'59"W 51.04 FEET ALONG THE SOUTH LINE OF THE NW%OF SAID SECTION 11 TO THE CENTER WEST 1/16 CORNER OF SAID SECTION 11; THENCE N 89°22'06"W 1313.74 FEET TO THE SOUTHWEST CORNER OF THE NW%4 (WEST%CORNER)OF SAID SECTION 11; THENCE N 89°13'45'W 2620.30 FEET TO THE SOUTHWEST CORNER OF THE NE Y4 (CENTER Y4 CORNER)OF SECTION 10, T.4 N., R.1 W., B.M.; THENCE N 00°36'49" E 1314.56 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NW'/4 OF SAID SECTION 10: THENCE N 89°05'09"W 2640.75 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NW Y4 OF SAID SECTION 10; THENCE N 89°35'20"W 959,74 FEET ALONG THE SOUTH LINE OF THE NORTH '/z OF THE NE'/OF SECTION 9, T.4 N., R.1 W., B.M. TO A POINT; THENCE N 00°36'49" E 25.00 FEET TO A POINT; THENCE N 89°35'20"W 318.13 FEET TO A POINT ON THE EAST RIGHT OF WAY OF STATE HIGHWAY 16; THENCE N 00°39'47"E 388.06 FEET ALONG SAID RIGHT OF WAY TO A POINT; THENCE N 59°45'02" E 1931.04 FEET TO A POINT; THENCE N 58°55'26" E 650,06 FEET TO A POINT OF CURVATURE; THENCE 521.67 FEET ALONG A CURVE TO THE RIGHT,SAID CURVE HAVING A RADIUS OF 625.00 FEET,A DELTA ANGLE OF 47°49'22"AND A CHORD BEARING N 82°50'07" E 506.65 FEET TO A POINT OF TANGENCY; THENCE S 73°15'12" E 117.20 FEET TO A POINT; THENCE S 00°00'20"W 40.00 FEET TO A POINT; THENCE S 76°32'10"E 1121.12 FEET TO A POINT ON THE WEST LINE OF THE SE Y4 OF SECTION 3, 1.4 N., R.1 W., B.M.; 1 T THENCE N 00°46'59" E 393.37 FEET ALONG SAID WEST LINE TO A POINT; THENCE N 62°13'33"W 491.76 FEET TO A POINT; THENCE S 78°46'27"W 132.00 FEET TO A POINT, THENCE S 85°46'27"W 361.61 FEET TO A POINT; THENCE N 00°45'12" E 378.00 FEET TO A POINT; THENCE N 04°14'35"W 211.46 FEET TO A POINT; THENCE S 89°11'35° E 946.26 FEET TO A POINT ON THE WEST LINE OF THE SE 1/4 OF SAID SECTION 3; THENCE S 00°46'59"W 792.75 FEET ALONG SAID WEST LINE TO A POINT; THENCE S 89°43'26"E 2072.29 FEET TO A POINT; THENCE N 00°48'40" E 805.20 FEET TO A POINT; THENCE S 89°43'26" E 541.21 FEET TO A POINT ON THE EAST LINE OF THE SE %OF SAID SECTION 3; THENCE S 00°48'40"W 817.91 FEET ALONG SAID EAST LINE TO A POINT; THENCE S 89'17'11"E 2403.20 FEET TO A POINT; • THENCE S 00°31'20"W 26.20 FEET TO A POINT; THENCE N 89°20'08"W 622.45 FEET TO A POINT; THENCE S 01°00'28"W 524.71 FEET TO A POINT; THENCE N 89°5319"E 771.85 FEET TO A POINT; THENCE N 48°02'35" E 14.12 FEET TO A POINT ON THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 11; THENCE S 89°15'20"E 68.51 FEET TO THE NORTHEAST CORNER OF THE NW 1/4(NORTH 1/4 CORNER)OF SAID SECTION 11; THENCE S 89°19'36"E 36.00 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 11 TO A POINT; THENCE S 00°31'06"W 75.00 FEET TO A POINT THENCE S 89°19'47" E 592.53 FEET TO THE NORTHWEST CORNER OF LOT 5, BLOCK 7, MOSCA SECA SUBDIVISION NO.1; ALONG THE BOUNDARY OF MOSCA SECA SUBDIVISION NO.1 THE FOLLOWING: THENCE S 04°17'30"W 194.74 FEET TO A POINT; THENCE N 85°42'30"W 48.93 FEET TO A POINT; 2 THENCE S 04°17'30"W 50.00 FEET TO A POINT; THENCE S 08°41'56"W 194.39 FEET TO A POINT; THENCE N 81°18'04"W 280.00 FEET TO A POINT; THENCE N 75°57'18"W 104.45 FEET TO A POINT THENCE N 77°46'3T W 198.11 FEET TO A POINT; THENCE N 75°00'10"W 124.76 FEET TO A POINT; THENCE N 66°20'13 W'75.83 FEET TO A POINT; THENCE N 81°06'10 W" 107.07 FEET TO A POINT; THENCE S 82°06'58 W"95.12 FEET TO A POINT; THENCE S 86°35'59 W"300.00 FEET TO A POINT; THENCE N 03°'24'01"W 175.00 FEET TO A POINT ON A CURVE; THENCE 32.71 FEET ALONG A CURVE TO THE RIGHT,SAID CURVE HAVING A RADIUS OF 100.00 FEET,A DELTA ANGLE OF 18°44'35", A TANGENT OF 16.51 FEET AND A CHORD BEARING S 77°13'42"W 32.57 FEET TO A POINT OF REVERSED CURVATURE; THENCE 10.47 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 32.00 FEET,A DELTA ANGLE OF 18°44`35",A TANGENT OF 5.28 FEET AND A CHORD BEARING S 77°13'42"W 10.42 FEET TO A POINT OF TANGENCY; THENCE S 86°35'59"W 34.06 FEET TO A POINT; THENCE S 44°48'49"W 29.83 FEET TO A POINT; THENCE S 03°01'40"W 238.11 FEET TO A POINT; THENCE N 86°58'20"W 1 10.00 FEET TO A POINT; THENCE N 86°05'03"W 230.35 FEET TO A POINT; THENCE N 87°40'30"W 119.50 FEET TO A POINT; THENCE N 80°28'05"W 148.31 FEET TO A POINT; THENCE S 88°19'44"W 206.64 FEET TO A POINT; THENCE S 71°23'40"W 85.56 FEET TO A POINT; THENCE S 65°11'48"W 96.03 FEET TO A POINT; THENCE S 82°38'20"W 140.51 FEET TO A POINT; THENCE S 88°19'19"W 144.47 FEET TO A POINT; 3 THENCE S 00°35'54"W 541.86 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 6, MOSCA SECA SUBDIVISION NO.1; LEAVING THE BOUNDARY OF SAID MOSCA SECA SUBDIVISION NO.1 AND ALONG THE BOUNDARY OF LOT 1, BLOCK 6 THE FOLLOWING: THENCE N 70°44'54"E 172.87 FEET TO A POINT OF CURVATURE; THENCE 77.50 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 45.50 FEET, A DELTA ANGLE OF 97°35'59", A TANGENT OF 51.97 FEET AND A CHORD BEARING N 21°56'54"E 68.47 FEET TO A POINT OF TANGENCY; THENCE N 26°50'59 W" 124.30 FEET TO A POINT; THENCE N 63°09'00"E 258.53 FEET TO A POINT OF CURVATURE; THENCE 20.30 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 14.50 FEET,A DELTA ANGLE OF 18°1322",A TANGENT OF 12.21 FEET AND A CHORD BEARING S 76°44'19"E 18.68 FEET TO A POINT OF REVERSED CURVATURE; THENCE 51.86 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 35.50 FEET,A DELTA ANGLE OF 18°42'34", A TANGENT OF 31.80 FEET AND A CHORD BEARING S 78°28'55" E 47.37 FEET TO A POINT OF TANGENCY; THENCE N 59°40'07"E 172.54 FEET TO A POINT ON A CURVE; THENCE 59.49 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 35.64 FEET,A DELTA ANGLE OF 95°38'45",A TANGENT OF 39.34 FEET AND A CHORD BEARING S 72°30'31" E 52.82 FEET TO A POINT ON A CURVE; THENCE S 29°37'38" E 107.81 FEET TO A POINT ON A CURVE; THENCE 73.54 FEET ALONG A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 51.85 FEET,A DELTA ANGLE OF 81°15'40",A TANGENT OF 44.49 FEET AND A CHORD BEARING S 70°15'27" E 67.53 FEET TO A POINT ON A CURVE; THENCE N 64°36'52"E 457.63 FEET TO A POINT ON A CURVE; THENCE 10.94 FEET ALONG A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 21,05 FEET, A DELTA ANGLE OF 29°46'01",A TANGENT OF 5.59 FEET AND A CHORD BEARING N 49°43'52"E 10.81 FEET TO A POINT ON A CURVE; THENCE S 62°01'21" E 95.44 FEET TO A POINT; LEAVING THE BOUNDARY OF SAID LOT 1, BLOCK 6, MOSCA SECA SUBDIVISION NO.1: THENCE S 40°17'55"W 63.23 FEET TO A POINT OF CURVATURE; THENCE 138.25 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET,A DELTA ANGLE OF 26°24'13", A TANGENT OF 70.37 FEET AND A CHORD BEARING S 53°30'02"W 137.03 FEET TO A POINT OF TANGENCY; THENCE S 66°42'08"W 316.90 TO A POINT OF CURVATURE; 4 THENCE 56.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET,A DELTA ANGLE OF 64°17'49",A TANGENT OF 31.42 FEET AND A CHORD BEARING S 34°33'13"W 53.21 FEET TO A POINT OF TANGENCY; THENCE S 02°24'19"\N 61.68 FEET TO A POINT OF CURVATURE; THENCE 74.41 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 50.00 FEET,A DELTA ANGLE OF 85°16'07",A TANGENT OF 46.03 FEET AND A CHORD BEARING S 45°02'22"W 67.73 FEET TO A POINT OF TANGENCY; THENCE S 87°40'26"W 42.20 FEET TO A POINT OF CURVATURE; THENCE 84.85 FEET ALONG A CURVE TO THE LEFT,SAID CURVE HAVING A RADIUS OF 50.00 FEET,A DELTA ANGLE OF 97°13'42", A.TANGENT OF 56.74 FEET AND A CHORD BEARING S 39°03'35"W 75.03 FEET TO A POINT OF TANGENCY; THENCE S 09°3316" E 314.98 FEET TO A POINT OF CURVATURE; THENCE 26.40 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50,00 FEET,A DELTA ANGLE OF 30°14'55",A TANGENT OF 13.51 FEET AND A CHORD BEARING S 24°40'44" E 26.09 FEET TO A POINT OF TANGENCY; THENCE S 39°48'11" E 231.30 FEET TO A POINT ON THE EAST BOUNDARY OF LOT 4, BLOCK 6, MOSCA SECA SUBDIVISION NO.2; ALONG THE BOUNDARY OF SAID LOT 4, BLOCK 6, MOSCA SECA SUBDIVISION NO.2 THE FOLLOWING: THENCE S 02°11'43"W 32.80 FEET TO A POINT; THENCE S 01°50'21" E 50.03 FEET TO A POINT; THENCE S 06°55'51" E 75.51 FEET TO A POINT; THENCE S 03°38'32"W 365.81 FEET TO A POINT; THENCE S 00°12'40"W 535.05 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, THIS PARCEL COMPRISING 448.25 ACRES, MORE OR LESS. 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V:1-•-i ja ^;..r A`_ arrf Aertteros -\ sturi Aua a tenu a.DOSC wA s•-.n.1 3,;',A2 l 2Opg �S�" .4 • ) I RECEIVED&FILED J C87Y OF EAGLE RENNISO T - EXHIBIT "D" �` A ENGINEERS • SURV � A 20 2009 Route to: Date:$/20/09 Project No.:2417 78.13 Acres Apamcelof land located ina portion of the 51/2of the SW1/4 of Section 3,and the 5i1./4ofthe 5131/4 ofSection4,and the NE1/4 of the NE1/4 of Section 9,and the NW1/4oftheNW1/4 of Section 10,T.4N,R.1W.,BM.,Ada County,Idaho,being more parHeu y described as follows: Commendngfrom afound brass cap marking to southeast1/16 coma of said Section•,CP&F InsL No.9274873,cam=records of said Ada County;Thence a bearing of S 89°12'40"E,a distance of 40.00 feet on thenorth boundary of said 5Ei/4 of theSE1/4 of Section 4 to a found 5/8 inch iron pin on the east right-of-way boundary of State 1-Eghway 16 being the TRUE POINT OF BEGINNING. Thence abearing as 89°17'45"E,a distance of 40483 feet on said north boundary of the SEl/4 of the SF1/4 of Section 4th a found 5/8inchhon,pin;Thence abearingofS89°16'35"E,a distance of 26997 feet on said north bormdary of the SRI./4 of the S111/4 of Section 4in a set 5/8 inchizonpin;Thence a bearing ofN 89°53'33"W,a distance of 262,33 feet to afound 1/2 inch hatpin;Thence abearing of 00°33'58"W,a distance of2228 feet toa found 5/8 inch hon pin;' a bearing ofS30°2710"B,a distance of 259.70 feetto afound 5/8i%chinmpin;Thence abeam of 829°18128"E,a distance of 12689feetto it found 5/8 inchiron pin;Thence abearinngof N87°55100"B,adistance of 111.86 feet to a found 5/8 hifron pin.Thence a bearing of S 895.10"E.a distance of 541.34 feet to a found 1/2 inch iron pin;Thence abeermg ofNltl°10'28"W,a distance of352.13 feet to afound 5/8 inch hatpin on said north boundaryof the 6E1/4 of the 1./4 of Section 4;Thence a bearing of S 89533'36"B,a distance of 88393 feetto afound 1/2 inch iron pin marking the south 1/16 comer common to said J1 Sections 3 and 4;Thence a bearing of 8 89°12'28"E,a distance of 1,690.47 feet on the nor$t boundary of said S1/2of the SW1/4ofSection3toa found 5/8 inch iron pin;Thence abearingofS01°14'44"E,a distance of 211.38 feet to a found s/8Mehl=pin;Thence a beading ofS 00°44'10'W,a distance of 377.75 feettoafound 1/2 inch iron pin;Thence a bearing ofS85°OT08"W,a distance of 6 77feetto a found 5/8 inch iron pin;Thence a beating of N 00°53`19"B,a distance of 56.25 feet to mound 5/8 inch iron pin;Thence a bearing ofN 84°12'45"W,a distance of 98337feetto a set 5/8 inch ironpin;The.3ce abearing ofS23°37'W,a distance 0E31E3.03 feet to apoint on-the dine of a drainage ditch from which a set 5/8inh iron pin bears N23° 3' !"B,adistanceof53.713feetThence ab of S 58"55'29"W,a distance of 2224feet on said centerline ofadrainage ditch to apoint;Thence abearing ofS59°45'05"W,a distance of 1,931.02feettoapointfro m+which a farad 5/8 inch Min pinbears N 00°3 9'3'.7"B,a distance of2998feet Thence a bearing ofN009'35"E,a distance of909.35 feet onsaid east ref_ydyof State Highway 16to a found 5/8fnchi pin aantlw north boundary of saidNE1/4 of the NE1/4 of Section 9;Thence a bearing°IN00°55'55"B,a distance of132558feetfo the POINT OF BEGINNING. Said parcel of land contains 78.73 acres more or less,together with and subjectriglds-of-way and easements of record and/or use 1,001 741#70 I. 4141.07 Prepared by Rennison Fodrea,The y . 430 E.STATE ST, SUITE 140, EAGLE, IDAHO 03616 I Pits 208-938-2440 F30 208-938-244i I A£NNISONFODREA.COM EAGLE-CASCADE: