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Minutes - 2001 - City Council - 08/14/2001 - RegularORI$1N L EAGLE CITY COUNCIL Minutes August 14, 2001 PRE-COUNCIL AGENDA 6:00 p.m.- 7:30 p.m. Meeting begins at 6:00 p.m. ]. Jill Chestnut with A1C will discuss drug testing in the workplace. [6:00 - 7:00] Mayor introduces Ms. Chestnut, the Executive Director of Drug Free Idaho. She hands out information regarding Drug Free Idaho. Discussion. 2. Dr. Petrich and Paul Castelin from the Department of Water Resources will discuss ground water and the hydrology project. [7:00 - 7:30] Dr. Petrich and Mr. Castelin were unable to attend tonight's meeting. 3. Mayor and Council's Report: Merrill reports on the sport court installation at Friendship Park. Merrill comments on possibly installing a wrought iron fence in Heritage Park behind the benches in front of the fountain to increase safety. The same fencing used along the back side of the park would be used in the front. She will bring back costs on this fencing. Merrill discusses the pathway access from the Williamson property. Lastly, she is interested in installing a permanent bathroom in Heritage Park. Merrill believes that costs were submitted last year, she will pursue this and bring it back to Council. Mayor Yzaguirre notes that in order to keep the record straight, in the futura, when a Council member is requesting recognition from the Mayor, he will then need to identify you by name. Discussion regarding this policy. Sedlacek questions the usage of the Ada County/Eagle Sports Complex. She has had requests from some BMX users to use the skateboard park on certain days. Merrill notes that the skateboard park should be used for skateboarders only, as the bikes can cause damage to the skateboard apparatuses. Sedlacek reports on the Eagle Island Walking Tour that occurred last week. Discussion. 4. City Engineer Report: None 5. City Clerk/Treasurer Report: The Deputy Clerk seeks Council direction regarding a request from the Snake River Alliance to report to the Council at a Pre-Council meeting. Council would like to hear from them the first meeting is September. Also, Jim Birdsall would like to address Council. Council states that if he would rather submit his comments in writing he is welcome to, or if he'd rather come in person, that is fine also. The ACHI) meeting in September is rescheduled to September 10th at 4:00 p.m. 6. Zoning Administrator's Report: None 7. City Attorney Report: Buxton briefly updates Council on a number of items her office is working on. General discussion. Mayor Yzaguirre gives an update on the alternate route signalization. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All present. A quorum is present 3. PLEDGE OF ALLEGIANCE: CONSENT AGENDA: · Consent Agenda items are considered to De routine and are acted on with one motion. There will 5e no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. · Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of July 17, 2001. C. Minutes of July 24, 2001. D. Minutes of July 25, 2001. E. Minutes of July 30, 2001. F. Minutes of August 7, 2001. G. Resolution No. 01-08: A resolution o£ the City Council o£ the City of Eagle, Idaho approving the issuance by the Industrial Development Corporation of the City of Eagle, of its multi-mode variable rate industrial development revenue bonds, series 2001 (Camille Beckman Corporation), in the aggregate principal amount of up to $5,000,000 and approving the resolution of said public corporation authorizing said bonds, including a trust indenture, loan agreement and related documents; and providing an effective date. H. DR-29-00 - Extension of Time for Two Office Buildings and Two Accessory Buildings - Dave Roylanee: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Dave Roylance, represented by Mark Butler with Land Consultants Inc., is requesting a one year time extension for the two office buildings and two accessory buildings proposed at 2178 E State Stmet.(WEV) I. DR-3-01 - Master Sign Plan for the Montessori Multi-Tenant Building within Channel Center Subdivision - Dennis Baker: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Dennis Baker and Associates, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of a master sign plan for the Montessori multi-tenant building. The site is located on the west side of Rivershore Lane within Channel Center Subdivision at 655 South Rivershore Lane. (WEV) J. DR-29-01 - Common Area Landscaping within Yorkshire Acres Subdivision - Robert DeShazo/Berkshire West: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Robert DeShazo/Berkshire West, represented by Douglas Landwer, is requesting design review approval of the common area landscaping within Yorkshire Acres Subdivision. The site is located on the south side of Floating Feather Road approximately 800-feet east of State Highway 55 at 2471 East Floating Feather Road. (WEV) K. DR-42-01 - Two Monument Signs for the Flex Space Building within Rocky Mountain Business Park - Eagle Land LLC: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Eagle Land LLC, represented by John McBride, is requesting design review approval to construct two monument signs for the Eagle Land flex space office building. The site is located approximately 200-feet east of Plaza Drive and approximately 200-feet north of Iron Eagle Drive within the Rocky Mountain Business Park at 1117 East Plaza Drive. (WEV) L. DR-43-01 - Monument Sign for LIS Timber Office Building - US Timber Company: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application beingfinal. US Timber Company, represented by Patrick McKeegan, is requesting design review approval of the existing monument sign for the US Timber office building. The site is located approximately 300-feet west of Eagle Glen Lane at 222 West State Street. (WEV) M. DR-46-01 - Master Sign Plan for Rivershore North and Rivershore South Multi-Tenant Buildings Located within Channel Center Subdivision - Dennis Baker: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Dennis Baker and Associates, is requesting design review approval of a master sign plan for the Rivershore North and Rivershore South multi-tenant buildings. The site is located on the west side of Rivershore Lane approximately 300-feet west of Eagle Road at 599 S. Rivershore Lane. (WEV) N. DR-47-01 - Building Wall Sign with Reader Board for Seven Oaks Elementary School - Seven Oaks Elementary: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Seven Oaks Elementary, represented by Stan Oliva with Idaho Electric Sign Co., is requesting design review approval to construct a building wall sign with reader board at the Seven Oaks Elementary School. The site is located on the east side of Seven Oaks Elementary approximately 600-feet north of Floating Feather Road at 1441 North Seven Oaks Way. (WEV) O. Health Center Week Proclamation: A proclamation declaring August 19-25, 2001 Health Center Week. (RY) Bastian requests DR-3-01be removed from the Consent Agenda. Merrill requests items F and J be removed. Sedlacek requests item 4D be removed from the Consent Agenda. Guerber moves to approve the consent agenda as amended. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 4D: Minutes of July 25, 2001. Sedlacek reviews the changes for clarification purposes she would like made to the minutes. Council concurs with the change. Sedlacek moves to approve the minutes of July 25, 2001 with changes discussed tonight. Seconded by Bastian. ALL AYE...MOTION CARRIES. 4F Minutes of August 7, 2001. Merrill notes that she was not in attendance of the meeting and will therefore abstain from voting. Bastian moves to approve the minutes from August 7, 2001. Seconded by Guerber. THREE AYE...MERRILL ABSTAINS...MOTION CARRIES. Sedlacek notes that she was not present for item 4E, and thus should have abstained from the action on that item. 41. DR-3-01 - Master Sign Plan for the Montessori Multi-Tenant Building within Channel Center Subdivision - Dennis Baker: Mayor introduces the item. Debbie Anderson with Idaho Electric Sign 6528 Supply Way Boise, Idaho. She relays her concern with the condition requiring the removal of the HealthSouth sign from the monument sign placed on Eagle Road. Dennis Baker 250 S. Beechwood Ste. 120 Boise, Idaho. Mr. Baker expresses his concern with the recommend site-specific condition. He feels that the sign is providing something of a public service to direct people to HealthSouth. Vaughan addresses questions posed by the Council regarding allowed signage. Discussion. Sedlacek moves to approve DR-3-01 Master Sign Plan for the Montessori Multi- Tenant Building within Channel Center Subdivision deleting site-specific condition //4. Seconded by Bastian. Discussion. THREE AYE...ONE NAY (Merrill)...MOTION CARRIES. 4J DR-29-01 - Common Area Landscaping within Yorkshire Acres Subdivision - Robert DeShazo/Berkshire West: Mayor introduces the item. Doug Landwer reviews the changes he would like made to the site specific conditions. Mr. Landwer reviews the buffering and would like the berm to be 3' to 5' tall and explains his reasons for this request. Discussion. Bastian moves to approve DR-29-01 Common Area Landscaping within Yorkshire Acres Subdivision, modifying site specific condition #8, which shall be reworded to indicate that the minimum height of the berm shall be 5 feet. Seconded by Merrill. ALL AYE...MOTION CARRIES. 5. FINAL PLATS: A. FP-16-01 - Final Plat for Tuesday Subdivision No. 2 (formerly known as Red Leaf Heights Subdivision) - Hillview Development Corp.: Hillview Development Corp., represented by Mark Butler with Land Consultants, Inc., is requesting final plat approval for Tuesday Subdivision No. 2 (formerly known as Red Leaf Heights Subdivision), a 15.62-acre, 48-1ot (40-buildable, 8-common) residential subdivision located at the southeast comer of North Eagle Road and East Floating Feather Road. (WEV) Mayor introduces the item. Mark Butler 52 N. Second St. Eagle, Idaho. Butler directs Council's attention to the letter he submitted today requesting condition #5 be removed. Discussion. Vaughan address questions posed by Council regarding ACHD approval of the roadways. Discussion. Bastian moves to approve FP-16-01 Final Plat for Tuesday Subdivision No. 2 (formerly known as Red Leaf Heights Subdivision) changing condition #5, adding the words at the end of sentence "until the infrastructure (within the entire subdivision) is in place, unless prohibited by ACHD." Seconded by Sedlacek. Discussion. The comment from ACHD shall be in writing. ALL AYE...MOTION CARRIES. B. FP-17-01 - Final Plat for Castlebury Subdivision No. 1 - Capital Development: Capital Development, represented by James Howard with J.J. Howard Engineering, is requesting final plat approval for Castlebury Subdivision No. 1, a 35.77-acre, 35-1ot (30- buildable, 5-common) residential subdivision located north of Chinden Boulevard approximately 1-mile west of Locust Grove Road at 990 E. Chinden Boulevard. (WEV) Mayor introduces the item. Dave Yorgason 2304 N. Cole Rd. Eagle, Idaho. Mr. Yorgason has no additional comments and makes himself available for comments. Vaughan reviews the staff report. Merrill moves to approve FP-17-01 Final Plat for Castlebury Subdivision No. 1. Seconded by Guerber. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: A. DR-31-01 - Professional Dental/Medical Office Building - Joel Courtial DDS: Joel Courtial DDS, represented by Mark Butler with Land Consultants Inc., is requesting design review approval to construct a 4,450-square foot professional dental/medical office building. The site is located on the west side of Stierman Way approximately 150- feet north of State Street at 151 Stierman Way. (WEV) Mayor introduces the item. Merrill reviews the reasons this item was not placed on the Consent Agenda. Mark Butler 52 N. Second St. Eagle, Idaho. Butler states that they in agreement with the condition for the wall. Comments on the sidewalk requirement and quotes Eagle City Code regarding this issue. Butler comments on the City's transportation map and the extension of Idaho Street. Discussion. Discussion amongst the Council regarding the extension of Idaho Street. Merrill moves to approve DR-31-01 Professional DentalfMedical Office Building. as presented with the changes presented tonight with Mr. Butler including the requirements on the wall and the sidewalk. The City should move forward to negotiate with the property owner, as far as future road improvements to the north part of the property. Seconded by Bastian. Discussion. (Sedlacek states that the Council is in agreement that they would consider moving the roadway, as it exists in the comprehensive plan, to the north and possibly at this time begin preliminary negotiations on possibly acquiring that right of way. Buxton clarifies: acquiring it either through dedication by the landowner or purchase of some sort.) THREE AYE...GUERBER ABSTAINS...MOTION APPROVES. Mayor calls a five-minute recess at 9:00 p.m. B. DR-44-01 - Common Area Landscaping within Clear Creek Crossing Subdivision - Doug Javo: Doug Jayo, represented by Clint Boyle with Pinnacle Engineers, is requesting design review approval of the common area landscaping within Clear Creek Crossing Subdivision. The site is located on the south side of Floating Feather Road approximately 600-feet west of Eagle Road. (WEV) Mayor introduces the item. Merrill reviews the reasons this item was not placed on the Consent Agenda. Clint Boyle, with Pinnacle Engineers, 12552 W. Executive Dr. Boise, Idaho. Mr. Boyle reviews the application. Discusses the street tree bonding requirements and size requirements noted in the Design Review recommendations. Discussion. Vaughan discusses Eagle City Code regarding site improvements. Discussion. Doug Jayo addresses Council member Sedlacek's inquiry regarding what the issue is, the size of trees, the number of trees or the issue of the surety. Mr. Jayo states he would like the number of trees addressed. He would like to require that the homeowner install 1 or 2 trees on each lot. He also feels that as the trees were not a condition of approval, the trees should be required to be bonded for. Merrill addresses a question to Dennis Baker. Dennis Baker 250 S. Beechwood Boise, Idaho. Mr. Baker states that the developer is installing the trees. They meet with the builder on site for tree placement. It is averaging approximately 2 trees per lot for the lot sizes in Two Rivers. Discusses tree maintenance. Vaughan notes that with the Two Rivers project the Developer has purchased all of the trees and they are working off of a landscape plan. Merrill questions if the trees could be required prior to certificate of occupancy. Vaughan notes the challenges that have been encountered by staff with other subdivision in which this requirement has been made. Discussion. Men:ill asks if staff could create a checklist for the tree requirement for certificates of occupancy for this specific subdivision. Vaughan states that a checklist can be created. Discussion. Buxton addresses Council member Sedlacek's question regarding possible flood damage to the common area amenities, and the repair/replacement of those amenities. Discussion regarding amenities. Buxton discusses options for the tree requirements. Merrill moves to approve DR-44-01 Common Area Landscaping within Clear Creek Crossing Subdivision modifying condition #4 to read: Provide for bonding, surety, letter of credit or some other method to assure proper installation of landscaping be arranged before signing final plat. Item #14: shall remain. Another condition of item #15 shall be added: Areas within the floodway next to the Dry Creek area shall be manicured and maintained for open recreation. Seconded by Guerber. Discussion. Merrill amends her motion regarding #15 to read: Areas within the floodway next to the Dry Creek area shall be planted in grass, irrigated and maintained for open recreation. Second concurs. ALL AYE...MOTION CARRIES. Merrill moves that the remainder of the unfinished business items until after public hearings. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. C. Review of the draft letter to the Meridian ,[oint School District No. 2. (WEV) Moved to after public hearings. D. Lease Agreement for the Ada County/Eagle Sports Complex. (SEB) This item was continued from the July 24, 2001 meeting. Moved to after public hearings. E. Contract with Larry Schwartz regardin~ Imrkine. (SEB) This item was continued from the July 24, 2001 meeting. Moved to after public hearings. F. Library Drainage Ur~date: (SEB/RY) Moved to after public hearings. 7. PUBLIC HEARINGS: A. A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 - RiversEnd Planned Unit Development - Howell-Kiser Development Corporation: Howell-Kiser Development Corporation, represented by Mark Butler with Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-P (Residential up to two units per acre - PUD) and R-2-DA-P (Residential up to two units per acre with development agreement and PUD), conditional use, preliminary planned unit development, and preliminary plat approvals for RiversEnd planned residential development. The 106.83-acre development consists of 173-1ot (147-buildable) residential subdivision. The site is located between the North and South Channels of the Boise River approximately 1/2-mile east of Eagle Road on East Island Woods Drive. (This item was continued from the July 24, 2001 meeting. The public hearing is open for written comments only.) (WEV) Mayor introduces the item. Sedlacek questions the definition of open space. Lowe and Vaughan review Eagle City Code regarding open space. Discussion. Sedlacek expresses her concern with the lack of access to the Boise River. Mark Butler responds to questions posed by Council member Sedlacek. Discussion. James W. Kiser 619 Queensguard Boise, Idaho. Mr. Kiser addresses concerns regarding river access. Discussion between Council, Mr. Kiser, and Mr. Butler. Butler reviews 4 items which he would like to comment on. Merrill comments on setbacks and other concerns she has with the application. Lowe spoke with Mr. Tiedamen regarding the value of cottonwood trees. Discussion. Bastian moves to continue A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 RiversEnd Planned Unit Development to the August 28, 2001 meeting to address the items discussed tonight. Seconded by Merrill. Discussion. Buxton would like to research the abandon of easement site-specific condition #25. ALL AYE...MOTION CARRIES Mayor calls a 5-minute recess. Mayor Yzaguirre states that during the break it came to light that the City Attorney will not be able to attend the August 28th meeting, and the applicant was agreeable to continuing this item to the September 1 lth meeting, as they also had items they would like additional time to address. Bastian moves to continue A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 RiversEnd Planned Unit Development to the September 11, 2001 meeting. Seconded by Sedlacek. Discussion. ALL AYE...MOTION CARRIES. B. CU-10-96 MOD - 135-Foot HiEh Personal Wireless Facility - Cricket Communications: Cricket Communications, represented by Kirk Johnson with Pacific Telecom Services, LLC, is requesting a modification to the existing conditional use permit to increase the height of the existing 120-foot high monopole to 135-feet to accommodate the co-location of another cellular service provider. The existing pole is located at the Republic Mini-Storage facility at 8785 Horseshoe Bend Road approximately 1/4 mile north of State Street. (WEV) Mayor introduces the item. Mayor opens the public hearing. Kevin Maloney 277 N. 6th St. Boise, Idaho representing Cricket Communications. Mr. Maloney reviews the application. Vaughan makes himself available for questions. Mayor closes the public hearing Bastian moves to approve CU-10-96 MOD 135-Foot High Personal Wireless Facility. Seconded by Merrill. ALL AYE...MOTION CARRIES. UNFINISHED 6C: Review of the draft letter to the Meridian ,[oint School District No. 2. Mayor Yzaguirre introduces the item. Merrill notes that she has reviewed the tapes and would like to work with Mr. Vaughan to modify the letter to provide more direction to the School District. Merrill request this item be continued to the next regularly scheduled meeting. Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES. 6D Lease Agreement for the Ada County/Eagle Sports Complex. Mayor introduces the item. Buxton reviews the changes to the lease agreement. Discussion. Merrill moves to approve the lease to the city of Eagle for public park and recreation purposes the Ada County/Eagle Sports Park as amended and direct the Mayor to forward it to Ada County. Seconded by Guerber. SEDLACEK: AYE, BASTIAN:AYE, MERRILL:AYE, GUERBER: AYE. MOTION CARRIES. 6E Contract with Larry Schwartz regardim, i~arking. (SEB) This item was continued from the July 24, 2001 meeting. Mayor introduces the item. Buxton reviews the document. Guerber moves to approve the draft agreement with Larry Schwartz regarding parking and authorize the Mayor, at Council's suggestion, to finalize the agreement should there be additional minor changes. Seconded by Merrill. Discussion. SEDLACEK: AYE, BASTIAN:AYE, MERRILL: AYE, GUERBER:AYE. MOTION CARRIES. 6F Library DrainaRe Ul~date: (SEB/RY) Mayor Yzaguirre reviews the meeting held last week with Oppenheimer Development - Jack Coonce, Wright Brothers - Joe Raush, Trautman's Lawn and Landscaping - Tal Trautman, CSHQA - Otis Lemon, Holladay Engineering - Veto Brewer and himself. 8. NEW BUSINESS: None 9. EXECUTIVE SESSION: A. Acquisition of private property: I.C. § 67-2345(C) Bastian moves to go into executive session to discuss acquisition of private property and pending litigation. Seconded by Merrill. SEDLACEK:AYE, BASTIAN:AYE, MERRILL:AYE, GUERBER: AYE. MOTION CARRIES. Bastian enter the option to purchase agreement with Oppenheimer Group, Butler and Reinbold. In the Oppenheimer agreement strike the exclusivity clause. Seconded by Merrill. GUERBER: AYE, MERRILL:AYE, BASTIAN:AYE. SEDLACEK:AYE. MOTION CARRIES. 10 AD~IOURNMENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:30 pm. Respectfully submitted: SHARON K. MOORE t CITY CLERK/TREASURER APPROVED: RIC~YZA~]I~RE, MAYOR Page 10 of 10 K:~2OUNC[ L~M INUTES\Teu~ r ary Mbxutes Work AreaXCC 08 14 01 nmi d~c EAGLE CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Subject: CU-10-96NIOD 135 foot high personal wireless facility — Cricket Communications August 14, 2001 7:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE /`'U;Vl /L3u.1 e./ _277 / / u 38b /2c" (_ : ,4 0-6 :537/ /vA.dE 32Z -WO j�l � - I.a►:GSTA '-� SSl Z Z t to Page 1 of Document2 PRO? CON? / Aug -14-01 07:42A IES BOISE doefirs 208 338 9409 Ip.01 OC' LOW 6528 SUPPLY WI' • acmsg IDAHO 83716 (208) 338-9401 FAX (208) 338-9409 August 14, 2001 City of Eagle Attn: Bali) Cerda 310 E. State Street Eagle, Idaho 83616 Dear Barb: Please remove item=#DR- Council meeting schedule discuss one of the site s council. Thank you for your tim Sincerely, D bbie Anderson RECEIVED & FILED CITY OF EAGLE AUG 14 2001 File: Route tr• J 1 from consent agenda for the City for this evening. We would like to ific conditions of approval before the ci consideration. I k , F oc_41 i (Ho) Land Consultants Inc. 52 N. 2ND Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938-5873 Eagle City Mayor and City Council Members 310 E. State Street Eagle, Idaho 83616 Re: Tuesday Subdivision Phase 2. (Red Leaf Heights, Phase 2) Dear Mayor and City Council Members, Please remove condition # 5. We believe that this condition impact Phase 2. We do have our sign posted on Eagle Knoll Drive, Floating Feather Road. We had to remove the barricade for Phase 1. Thank You, Kris Tuner Planning Assistant Land Consultants Inc. RECEIVED & FILED CITY OF EAGLE AUG 1 4 2001 File' Route to: Inic, 0- P+z applied to Phase 1, and doesn't that requires Contractors to use 1 4. All construction vehicle access to Red Leaf Heights Subdivision shall be through the Eagle Road and Floating Feather entrances only. Construction vehicle traffic via Fruitwood Place and Fruitwood Way is prohibited. 5. The East Knoll Drive stub street to this site shall remain closed (barricaded) until the infrastructure is in place. Page 2 of 2 K:\Planniog Dept‘Eagle Appiications1SUBS120011Red leaf Heights (Tuesday Sub No. 2) fp stldoe oe, Bl�ylr/ Land Consultants Inc. 52 N. 2ND Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938-5873 August 13, 2001 City of Eagle Mayor Yzaguirre and City Council Members 310 E. State Street Eagle, Idaho 83616 RECEIVED AGLED CITY OFE AUG 13 2001 FOP* ,� Route to• /A I &elr RE: DR -31-01 Dear Mayor Yzaguirre and City Council Members; Please find the attached document from ACHD re: DR -31-01. We would like this to be discussed at tomorrow's City Council meeting, Tuesday, August 14, 2001. Sincerely; 2r1A7°.\(1-41 Kris TuntNr Assistant to Mark L. Butler Land Consultants Inc. 08/13/2001 13:20 208-387-6393 ACHD PLANNING PAGE 02/03 �11tr=: '"'Ac�Ada County Highway District Judy Peavey -Derr, President Dave &yens, 1st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E. Wynkoop, Commissioner Thursday, August 09, 2001 Mark Butler RE: Idaho St intersection proposed alignment with Stierman Wy Dear Mark, 318 East 37th Street Garden City ID 83714-6499 Phone (208) 38741100 FAX (208) 387-6391 E-mail: telluscACHD.ada.id.us Upon looking at the proposed intersection alignment of Idaho St with Stierman Wy it appears the minimum sight distance required would be met. For the collector status of Stierrnan Wy a minimum sight distance of 200 feet is necessary. With the curvature of Stierman Wy and the landscaping of the property to the north of . the proposed intersection this is very close to the distance I could see from the proposed intersection. Possibly a sight easment should be obtained from the property owner to the north. The landscaping shrubberies on the property of the Dental Care building would have to be removed with the construction. This proposed intersection appears to me to resemble the existing intersection of Pebble Beach Ct.and Stierman Wy. Tom SS�atorie /'/ Traffic Analyst Idaho St & Stierman Wy.doc -,nc -70,7 c717V., o.7•. 0 CO dpi/i./211 1 i:1d 2U -411 /-b: IS3 ACRD PLANNING rAum v.O/ va 1 E—Hsl Ippla44447 AUG-13-2001 02 21 208 387 6393 97% P. 03 08/13/2001 13:20 208-387-6393 -4fv`ACHD '111* ACHD PLANNING PAGE 01/03 Ada County Highway District Judy Peavey -Derr, President 318 East 37th Street Dave Blverts, 1st Vice President Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake. Commissioner • FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus©ACHD.ada.id.us RIGHT-OF-WAY & DEVELOi'MENT DEPARTMENT: PLANNING & DEVELOPMENT DIVISION DATE: / 1 Iw rMr� i DELIVER FAX TO: NAME OF COMPANY: TITLE/DEPARTMENT: RECEIVING FAX NUMBER: J CONFIDENTIAL: YES NO NUMBER OF PAGES (including cover sheet) - 3 RIGHT-OF-WAY & DEVELOPMENT DEPARTMENT: PLANNING & DEVELOPMENT DIVISION . Dhow # 387-B17_0/4x # 387-6,391 NAMEt-.1-w. TITLE/DEPARTMENT: COMMENTS: 'RECEIVED AU613 2001 PLEASE CALL If you have any questions or if you did not receive alt of the pages of this fax You rnay call us at 387-6170 AUG -13-2001 02:21 208 38? 6393 96% P.01 August 6, 2001 RECEIVED & FILED CITY OF EAGLE Eagle City Council P.O. Box 1520 Eagle, ID 83616 Dear City Council Members: Re: Proposed Rivers End Development Project AUG 0 9 2001 File. Route tn. As residents of Island Woods Subdivision we are writing to express our concerns regarding the proposed Rivers End Subdivision presently before the Eagle City Council. As has been expressed in previous meetings, the enormous impact that the construction traffic for this development would have on the Island Woods neighborhood is our foremost concern. We would strongly urge the council members to delay approval for this project until an alternative construction route to Island Woods Drive is developed. The size and loads of these construction vehicles poses a huge threat to the safety of our neighborhood. The concern for the safety of our children cannot be emphasized enough. Additionally, we reiterate our concern for the impact that the volume of construction traffic will have on the safe exit out of and entrance into our neighborhood, especially in light of the Two Rivers project already being developed directly across Eagle Road. As the Council is aware, there has already been one very serious accident at this intersection since the start of the Two Rivers development. We have attended the previous meetings and appreciate the efforts the developers have made to address the other concerns raised. It is evident that a lot of time and effort has gone into the planning for this subdivision to make it an asset to the City of Eagle. We purchased our home two years ago and were aware that this land would eventually be developed. However, we never imagined that there would not be another access to this area and we feel that the impact of the actual development of this project on the residents of the Island Woods neighborhood cannot be ignored. Additionally, as residents of Eagle, also of great concern is the impact development is having on the City of Eagle. While growth is welcome and is generally a positive thing, as you are aware, the country and particularly the greater Boise area are experiencing an economic slowdown, particularly in the technology industry, resulting in continuing layoffs. As a result, continued development is fast outpacing demand. The effect on existing property values is devastating in the short term. The effect on developers, builders and contractors has yet to be seen. The effect on our schools, however, is already being felt. We feel that careful consideration should be given to whether approval of a new large housing development is in the best interests of Eagle at this time. We ask that the Council members carefully weigh the impact of this development and, at the very least, delay approval until the alternative construction route can be found. We greatly appreciate the time and commitment that the members of the City Council and the members of the Planning and Zoning Commission have put in : o sidering this proposal. Jim Robin Stewart 174 S. Riverchase Way c, bt Keith & beam Berg August 6, 2001 RECEIVED & FILED CITY OF EAGLE Eagle City Council P.O. Box 1520 Eagle, ID 83616 Re: River's End Development Ladies and Gentlemen: AUG 0 9 2001 File. Route to• My family lives in Island Woods subdivision and I would like to voice my concerns regarding the above proposed development. I have one teenage driver and although he is diligent and careful, the intersection at Island Woods Drive and Eagle Road is dangerous and tricky for the most experienced driver. Even without the River's End development, a traffic light at this intersection is a must. With more construction vehicles, it is a death trap. I also have a ten- year old who enjoys riding a bike, walking to the pool and using the paths in our neighborhood. if the traffic increases on Island Woods Drive, can I still allow her to navigate alone across this street to visit her friends or go to the community pool? Not only are construction vehicles a major concern, but future traffic with more residents in a hurry to get home or get somewhere else is worrisome. I urge Eagle City Council to withhold a decision on this new development until a permanent alternate route for traffic in and out can be found. In the meantime, perhaps Monroc could provide a construction route for the early groundwork and heavy equipment required for the initial phases of development. My family has lived in Eagle for over 9 years. My husband, my children and myself are all Idaho natives. We waited a long time to be able to afford the amenities of our subdivision. I appreciate your time and hope an equitable decision will be made. Best regards, Leanne D. Berg 1390 S. Willow Wood Way - Eagle, Idaho 83616 - (208) 939-8497 - cell: 870-2487 - tax: 939-5451 August 5, 2001 cc,-) 14161 RECEIVED .& FILED OF EAGLE Eagle City Council AO 09 2001 P.O. Box 1520 Eagle, ID 83616 File: Route to. Dear City Council Members, My wife and I are homeowners in Island Woods; we purchased an existing home on Woodlander Drive in March 2000. Unfortunately, we were not made aware of the a development on the east end of the island at the time of purchase; however, since we have learned of the Riversend Development, we have had some serious concerns regarding the fact that the sole traffic artery to this development will be down Island Woods Drive. Our main concerns are safety and noise pollution. Regarding our safety concerns, we have noted that since the Two Rivers Development, the traffic flow in and out of Island Woods Drive onto Eagle Road is very heavy and dangerous. The idea of adding the Riversend construction traffic to this already unsafe situation is very worrisome. At present, in addition to the heavy traffic flow on Eagle Road, it is not uncommon to have to dodge cars and trucks entering and exiting the two developments. We have had "close calls" and can't imagine what the increased traffic and visual barriers the construction trucks will create. Another safety concern is for the children who frequently cross Island Woods Drive. Living on the north side of Island Woods Drive, we and/or our grandchildren cross Island Woods Drive frequently for walks, biking, skating, tennis, and use of the pool. We are concerned that our grandchildren as well as all the other young children living on the north side of Island Woods Drive will be put into a dangerous environment if construction trucks are using this neighborhood street. Noise pollution is another concern. The west end of Island Woods is already dealing with the traffic noise on Eagle Road; adding construction traffic through the neighborhood streets is unacceptable. We strongly encourage the Eagle City Council to not allow the Riversend development go forward until an alternate route into this development is established. Sincerely, ro E. Woodlander Drive Eagle, ID.83616 Phone: 208-938-4131 August 4, 2001 Rob Shockley Cara Shockley 1313 S. Watermark Ave. Eagle, ID 83616 Eagle City Council P.O. Box 1520 Eagle, ID 83616 ez, sI191o) RECEIVED & FILED CITY OF EAGLE AUG 0 9 2001 File* Route to. RE: Proposed Riversend Development and Traffic Light at Intersection of Eagle Road and Island Wood Dr. Dear City Council: We write this letter to express our strong opposition regarding E. Island Wood Dr. being utilized as the only access road to the Riversend development. E. Island Wood Dr. is a residential street, that was never intended to be turned into a busy thoroughfare. In addition, the absence of a traffic light at the intersection of E. Island Wood Dr. and Eagle Road makes it all the more inappropriate to increase the traffic flow through the Island Woods subdivision We are not anti -development. We are merely concerned about recklessly moving forward with a development when appropriate infrastructure is- not there to support it. Clearly, Riversend needs a separate ingress/egress from E. Island Wood Dr. We offer the following points in opposition to using E. Island Wood Dr. as the access to the Riversend development: • Using E. Island Wood Dr. as the sole access to Riversend will disrupt the quality of life of every resident in the Island Woods subdivision. The majority of residents in this subdivision who chose to live here did so with an expectation of a certain quality of life. • As parents of two very young children we are especially concerned about safety. Numerous large vehicles traveling down E. Island Woods pose an obvious hazard to the many small children, pets, and elderly residents of Island Woods. • As a working couple, we are also concerned about the noise that will be generated by large vehicles traveling at all hours of the day and night down E. Island Woods. This will pose an obvious nuisance. • We feel that the intersection of E. Island Wood Dr. and Eagle Road is already extremely dangerous given the numerous accidents that have already occurred. Increasing the traffic flow down E. Island Wood Dr. will exacerbate this problem • We are troubled by the fact that there was no mention of this proposed development when we purchased our home a little over a year ago. We will watch the city councils vote on this issue very closely and will oppose the re- election of any council member who supports using E. Island Wood drive as the sole access to Riversend. It is obvious that your constituents oppose this measure. Sincerely, Cara & Rob Shockley 664 E. Riverchase Way Eagle, ID 83616 March 8, 2001 City Council Eagle, ID Council Members: Rich and Sara Jc tiantrm C.CITy F D & FILED EAGLE AUS 0 9 2001 File: — - Route -to. Telephone (208) 938-194u We are writing to express our concerns regarding the timing of developing the proposed Rivers End Subdivision. Please note, we are not against the subdivision per se, but do question the timing. The City of Eagle has been doing a great job of balancing growth, neighborhood diversity, quality of life and property values in the face of significant pressure from a variety of sources. Along that line, we encourage you to consider the following issues when making your (our) decision about Rivers End: 1. Does Eagle really need another major development in this price range at this time? Considering the current economy along with the significant number of homes either currently on the market or approved for development in this price range, it seems inappropriate and counter productive to add to this inventory at this time. Current homeowners' property values are being pummeled by the endless barrage of "new" homes (over -supply) and market place economics (weakening demand). 2. The residents of Island Woods endured years and years of disruptive construction traffic, realizing that it is a cost of buying into a new subdivision. With Island Woods Drive being the only current access to the proposed subdivision, we will be facing up to ten more years of someone else's construction disruption. 3. Long range planning is in place for providing additional vehicle access to the proposed subdivision. Delaying approval at this time will provide opportunity to explore alternative (perhaps even creative) road and/or bridge solutions. 4. We know you are well aware of other issues (e.g., children safety, property values, traffic congestion at Island Woods Drive and Eagle Road, etc.). We believe Rivers End will be a beneficial contribution to the Eagle community when the time is right. But that time is yet to come Sincerely, HIGHLAND Iu. II 1011.1.11k I..�i I I. �UI1M1IN1:4,YWI I IIWWI FOOD SALES AUGUST 9. 2001 EAGLE CITY COUNCIL EAGLE, IDAHO. RE: RIVERS END SUBDIVISION GENTLEMEN: Cif Sli/c/k/ RECEIVED & FILED CITY OF EAGLE AUG I 0 2001 File. Route t _ _ WE WISH TO RECORD OUR CONCERNS REGARDING THE PLANNED COMMUNITY EAST OF ISLAND WOODS. OUR FIRST CHOICE WOULD BE TO ROUTE CONSTRUCTION TRAFFIC THROUGH SOME OTHER CORRIDOR BESIDES ISLAND WOODS BOULEVARD ALTHOUGH THE ORIGINAL RESPONSE FROM MONROC WAS NOT FAVORABLE. I BELIEVE A SECOND EFFORT SHOULD BE REQUIRED. I BELIEVE IT IS POSSIBLE TO ACHIEVE ACCESS THROUGH MONROC IF ALL THEIR CONCERNS ARE ADDRESSED. SHOULD THAT EFFORT FAIL, USE OF ISLAND WOODS BLVD. BY CONSTRUCTION RELATED TRAFFIC NEEDS TO BE MONITORED CAREFULLY TO MINIMIZE RISK TO RESIDENTS AND THEIR CHILDREN. I WOULD FAVOR DELAY OF CONSTRUCTION UNTIL A TRAFFIC SIGNAL IS INSTALLED AT EAGLE RD. AND ISLAND WOODS BLVD. THIS ACTION IN THE INTEREST OF SAFETY WOULD FOCUS ADDITIONAL ATTENTION ON THE NEED TO GET THIS SIGNAL INSTALLED! YOUR THOUGHTFULL CONSIDERATION OF THE ABOVE IS APPRECIATED. THANK YOU. GEORGE R. LUND JUDITH A. LUND 641N E RIVERCHASE WAY EAGLE, ID. 83616 P.O. BOX 8377 BOISE, ID 83707 TELEPHONE 208-336-8266 FAX 208-336-8275 412 W. FRANKLIN ST. BOISE, ID 83702 August 10, 2001 Eagle City Council P.O. Box 1520 Eagle, ID 83616 RE: RIVERS END PROJECT To Whom It May Concern: et b'Iictlol RECEIVED & FILED CITY OF EAGLE AUG 13 2001 Filer ��� Route to: I am writing this letter to object to the proposed Rivers End Subdivision. It is not so much as a new development is being planned, it is the fact there will be no entrance into this subdivision other than Island Woods Drive. With a planned 147 homes, one can only imagine the traffic problems coming into and going out of Island Woods Drive. I respectfully request you withhold a decision on this project until you find an entrance that will serve that subdivision. Sincerely, 41-4 Betty Brackus 1340 S. Watermark Ave. Eagle, ID 83616 � Mq10) RECEIVED & FILED CITY OF EAGLE AUG 0 8 2001 Rie: Route to: August 7, 2001 Eagle City Council POBox 1520 Eagle, ID 83616 RE: City Council Hearing — Proposed Rivers End Subdivision August 14, 2001 7:30 pm Eagle, Idaho Dear Council Members: As a homeowner in the Island Woods Subdivision, I am opposed to the above referenced proposed subdivision for the following reasons. A. East Island Woods Drive being the only access to the proposed "Rivers End Subdivision." B. "Safety" due to the continual volume of large construction trucks and equipment to all residences of Island Woods Subdivision. C. Deterioration of East Island Woods Drive road surface due to heavy traffic loads. D. Increased traffic conditions at the intersection of East Island Woods Drive and Eagle Road. E. Dirt, dust and debris left on East Island Woods Drive from construction traffic. Sincerely, R6n A Larso 173 E Trailside Dr Eagle, ID 83616 (208) 939-5061 ) Eagle City Council P.O. Box 1520 Eagle, ID 83616 August 10, 2001 Dear Sirs, ecAlic+lW RECEIVED & FILED CITY OF EAGLE AUG 14 2001 Fite. Route to. mic, We moved into our home here in Island Woods two years ago in April. Unlike Larry Durkin, we were not made aware of the impending plans to create Rivers End beyond our Island Woods subdivision. I am very disturbed to hear about this development now. One of the key reasons that we paid a premium price for this location was its solitude, privacy and quietness. The development of Rivers End will change all of that. While Mark Butler may be within his rights to say that there is no legal criterion for the Rivers End developers to create a second access, I think there is a moral and civil reason for them to do so. The lives of the people currently residing in Island Woods will be significantly impacted. The traffic, the noise, the disruption, and the potential danger that the developers are forcing us to endure is very real. Mr. Butler is certainly taking a very self-serving, albeit legal, position. While we don't live right on the corner or Island Woods and Trailside, we do hear the traffic from the road. I work at home for Hewlett-Packard and am dreading the onslaught of construction trucks that will be passing by during the development of Rivers End. It will definitely damage my working environment and my productivity. The Rivers End developers must certainly be made to invest in another access route. Perhaps they could cross the river near the Monroc bridge to exit onto Hwy 44 or circle through River Quarry. It also makes the necessity for a stoplight on Island Woods and Eagle Road more intense than ever. Please give these comments your consideration. Melody Gardner 503 E. Trailside Drive Eagle, ID 83616 Zyki-km- RECEIVED & FILED CITY OF EAGLE AUG 1 4 2001 •• 1V4%,‘.. ILL/ geturt 17 2 -it It LefalaX CA'(ik 23.5 &6 Fitp. Rog* Conwn5 vih tk TlV Aeveloent- a.re a5 comemkA aitult 1AL 0414.(P drsukt- ctecd6 Paid - °mem eck, eticakibCj• • CANilbeit alto( th4-- 061"ei- claw) t 1t4/i0( uxxz16 beccrk paq. 6D Ow.) A,' mud yff-114 v,vg,o b(ro 0/704110.5&r WtWrai-tr cut- cdxcjuir d(„.., bt) , 04,44 thcth0.4,e_ ware 11 p(ar Wt. Ce -45-0, vic9 itt-i56- dicd7 1 5/and wo-ects gazd wau,d betoy)-e RC•c5a-a0S01-- f"-Cctici divri 6 (00142_ 430 e_YOsrtol 1,1) CLU Reoer In EV1 C"12- 0 -c14 -11 -kA amok nci uicett-) Need')ckt*c t0'6- Gatn eta 101,1 CorrInVa,1344 60-42Q- deAlicile/ BRUCE A. OLSEN AND AMELIA H WELLINGTON August 13, 2001 Eagle City Council PO Box 1520 Eagle ID 83616 Dear Sir or Madam: RE LAVED & FILED COF EAGLE AUG 14 2001 File: Route to• D - PA -z, We, as residents of Island Woods subdivision, are dismayed to hear of plans to create a new subdivision behind our own with no access road other than Island Woods Road. It is clear that this new development will jeopardize the safety of our family, our neighbors' families, and any residents of Riversend subdivision. We have lived on River Flow Way for over three years. Like many, we were never informed, when we were considering purchasing our home, that another subdivision would be built behind us. We certainly never suspected that anyone would dream to increase the traffic on Island Woods Road by well over 1,000 vehicle trips per day. That this could happen with no plans to install a traffic light on Eagle Road to attempt to control the overwhelming increase of traffic at an already hazardous intersection is beyond reason. We moved to Island Woods to provide our children a safe place to play. Now their safety, and the safety of all the children whose families live off of Island Woods Road will be threatened. We request that common sense prevail. Since the plans to extend Cloverdale Road and thus provide access to Riversend were put on hold, we request that Riversend be put on hold, also. And if this reasonable step cannot be taken, we urge you to speed the installation of a traffic light at Eagle Road and Island Woods Road to demonstrate some small measure of concern for the safety of our families. Sinc rely, 2C/4C ‘66--' 41fr aa Bruce A. Olsen Amelia H. Wellington 1197 SOUTH RIVER FLOW WAY • EAGLE ID • 83616 PHONE: 208-938-9034 796 East Riverchase Way Eagle, Idaho 83616 August 12, 2001 Eagle City Council P.O. Box 1520 Eagle, Idaho 83616 Dear Council Members: c(llvlc) RECEIVED &FLED CITY OF EAGLE AUG 13 2001 File: mute to: rn/- 0 f-14 As homeowners in Island Woods Subdivision, and the last house on the comer before entering Williamson Ranch, I have two major concerns regarding the Rivers End Subdivision that is being proposed one-half mile east of our development. They are the following: 1) With an already saturated housing market in this price -range of homes, the continued approval of developments in this area will only further drive property values down. In Island Woods and Two Rivers alone, there are over 60 homes on the market for sale, not including lots that are still not built upon or undeveloped. Does approval of an additional 147 sites for housing in this price category make good sense in these depressed economic times? 2) Since it doesn't seem possible for construction vehicles to enter and exit this new development through any other means beside through our neighborhood, we are concerned about the limitations that might be set by you concerning the days and hours that contractors and their workers will be permitted to travel through our subdivision to access Rivers End. Who will monitor these parameters and what actions can be taken for non-compliance with these issues in regards to untimely traffic and/or noise pollution? We understand that traffic and development of roads is not the purview of this agency, so our other concerns as to quality of our lives and safety of the children in our neighborhood cannot be dealt with through the council. We do understand that your sympathies might be with the residents of Island Woods if you were able to do so. We thank you for your time and thoughtful consideration of these issues in regards to your decision. Sincerely, Wcaaca (-4) e6/7q tsy Spahr Frank Cha er an nr� g//x/e/ Land Consultants Inc. 52 North 2nd Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938.581? August 14, 2001 City of Eagle Attention: Mayor Yzaguirre and City Council Members 310 E. State Street Eagle, ID 83616 RE: RiversEnd Dear Mayor and Council, REeLaUVLL., a t-ILED CITY OF EAGLE AUG 14 2001 File: Route to: I recently completed reviewing the letters included within the RiversEnd packet. They all again express the concern previously discussed regarding the Island Woods access to RiversEnd. As you know we did testify regarding the capacity of Island Woods being such that added RiversEnd traffic would result in a total traffic volume about half of its maximum. Certainly well within allowed tolerances. MOST IMPORTANTLY - the item I did want to add to is regarding what Councilmember Sedlecek mentioned in that if it were not for the Williamson family originally giving up their property's access to the Island Woods Developers, the majority of Island Woods may likely not have been permitted to be developed. I recall seeing the agreement she referenced in the Island Woods files at the City but in any case the agreement was recorded to apply to each lot of Island Woods. I have attached a copy for your review. See the underlined language — especially the language underlined on the page that has "p.7" at the top. I hope this helps you in your decision tonight. Sincerely, ar utler Land Consultants, Inc. C:1My Documents\LCNobs 20001RiversEnd Sub 00189\RiversEnd PUD te4city.doc Page 1 of 1 Rug 14 01 04:23p • Exhibits B -F and 111 1 0 are not being rNotded, but are hereby incorporated by reference. JWK 1.k, • ..) .-• THIS :i;.REEMENT IS BEzt.G RERECORDED TO REESTABLISH IT OF RECORD. 2083772427 AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY This Agreement for Roadway is Corporation made Abandonment of Easement and entered into this p.2 woad 28414G2 ONIffili TITLE CIL.. �'Fi„.� REC0ROE,, lY r a Private( /IA `t PM day of 1992, by and between B.W., Inc., an Idaho its successors and assigns, (hereinafte+: "Developer"), Sylvan D. Williamson and Barbara A. Williamson, husband and wife, or their heirs, (hereinafter "Williamson"), and Pioneer successors and assigns (hereinafter Irrigation District "District") or its successors and assignF] E C E f V E D W ITNESSETH J U L 20 1993 Givens, Pursley & Huntley WHEREAS, Developer is the owner of certain real property more particularly described in exhibit "A", attached hereto and made a part hereof, which property consists of approximately 150 acres; .and WHEREAS, Williamson is the owner of approximately 300 acres of certain real property more particularly described in exhibit "B", attached hereto and made a part hereof, which property lies adjacent to and easterly of Developer's property; and WHEREAS, Williamson claims a right of ownership and/or a prescriptive easement over a roadway located along the northerly AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY -- Page 1. 2/ 20192 / j.,v AUG -14-2001 04:26 2083772427 95% P.02 Rug 14 01 04:23p JWK • 2083772427 boundary of Developer's property and more particularly shown on exhibit "C", attached hereto and made a part hereof, which roadway is used by Williamson for the purposes of ingress and egress to and from the property owned by Williamson as described herein; and WHEREAS, District also claims a right of ownership and/or a prescriptive easement over the roadway located near the northerly boundary of Developer's property, more particularly shown on exhibit "C", attached hereto and made a part hereof, which is co- existent with the roadway used by Williamson, and which roadway is used for the purpose of ingress and egress to and from a certain dam and water diversion structure located on the Boise River owned, operated and maintained by the District; and WHEREAS, the Developer wishes to subdivide the property it owns as described herein in accordance with that certain preliminary plat map approved by the Eagle City Council on July 23, 1991, a copy of which is attached hereto as exhibit "D" and made a part hereof. NOW, THEREFORE, for and in consideration ',f the mutual covenants and promises herein contained, Williamson and District agree to release, quitclaim, abandon, extinguish, terminate and vacate•any and all claims they may have to their ownership and/or prescriptive easements as described herein by executing the Release and Quitclaim of Easement in the form attached hereto as Exhibits "E" and "F". The parties further agree as follows: AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 2. 2/20/92/jou AUG -14-2001 04:26 2083772427 95/ P.03 p.3 Aug 14 01 04:23p JWK 2083772427 1) Temporary Access Road: Developer shall construct a gravel road located near the southern boundary of the property owned by Developer as described herein, the location of which is generally depicted on exhibit "D", attached hereto and made a part hereof, which road shall be used as a temporary route over and across Developer's and Williamson's property for ingress and egress to and from Williamson's property described herein and District's dam and water diversion structure as described herein.C e said road shall be constructed in accordance with the construction standards for a private road in a rural zone as set forth in Ada County Code § 8-13-3:A.6, and shall be maintained by Developer to such standards. 1 The said roadway shall run easterly, without obstruction, from Eagle Road located to the west of Developer's property, across Developer's property, where it shall connect to the existing access road on Williamson's property at the approximate location as depicted on Exhibit "D". 2) Grant of Easement: Developer shall grant to Williamson and District a Perpetual Grant of Easement for Ingress and Egress in the form attached hereto as exhibits "G" and "H" respectively, which easements shall terminate as provided in mutually agreed upon escrow instructions deposited with pre -signed Release and Quitclaim of Easement in the form attached hereto as Exhibits "M" and "N". The said escrow instructions shall instruct the escrow holder to release the pre -signed Release and Quit Claim of Easement upon submission to it by Developer of satisfactory evidence that the AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 3. Z/2Ol 2/j., RI If,-14-7AA 1 A4: 2f, 2083772427 95% P.04 p.4 Aug 14 01 04:24p )A • JWK 2083772427 construction of the herein described collector road has been completed and accepted for dedication by the Ada County Highway District. Developer warrants that it is unaware of the presence of any toxic or hazardous waste materials on the said easement premises. District or Williamson, at their option, may cause, at their sole expense, initial testing for hazardous waste materials on the property. If toxic or hazardous waste materials are found that require clean up or removal in accordance with EPA regulations in force at that time, Developer shall remain responsible for the costs associated therewith. 3) Construction of Public Collector Road by Developer: Developer intends, at its sole cost and expense, to complete the construction of a publicly dedicated collector road, to be not less than sixty feet in width with four lanes and a center divider, or otherwise in accordance with Ada County Highway District secondary access requirements, located approximately as depicted on the preliminary plat for the Island Woods Subdivision approved by the Eagle City Council on July 23, 1991, a copy of which is attached hereto as Exhibit "D", and connect to the existing access road on Wi l li amson' s property at the approximate location that the existing access road changes its course to an approximately east -west alignment near the easterly border of Developer's property as described herein, but in no event to the south of that location. The said collector road shall be built to Ada County Highway District's standards, including all standards for traffic loads AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 4. 2/2O/92/jmv AUG -14-2001 04:2? 208377242? 95% P.05 Aug 14 01 04:24p JWK 2083772427 anticipated by the heavy equipment used by District and Williamson and shall be maintained to such standards. Developer will obtain Ada County Highway District and other governmental approvals, acknowledging in writing that the width and standards of the road and the number of points of access are adequate to serve a residential subdivision of comparable density to the proposed Island Woods Subdivision on the developable portions of Williamson's property as may be permitted pursuant to the then existing and applicable zoning and subdivision ordinances and comprehensive plan. In the event that developer constructs the said collector road to the Williamson property, it shall, in connection with the said construction, install, at its cost improvements for sewer, natural gas, telephone, electrical, and public water service, if any, (hereinafter collectively referred to as "offsite improvements") in accord nce with the requirements of the applicable governmental entity, sufficiently sized to serve the future development of Williamson's property as herein described. was t� All parties hereto agree to use their best efforts to obtain, and as a condition of closing hereof, Developer shall obtain approval from the Eagle City Council for the use of the herein described sixty foot wide collector road for emergency vehicle access and for ingress and egress by Williamson and District for such commercial or agricultural purposes as may be reasonably contemplated, and consistent with District's historic rights of ingress and egresc. The aforesaid commercial and agricultural purposes shall. not he AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 5. :►:0/93/Jmv AUG -14-2001 04:27 2083772427 95% P.06 Aug 14 01 04:24p L JWK 2083772427 interpreted to include the movement of any vehicles unless either the origin or destination of said vehicle is property historically servicedby the existing Williamson Road as shown on exhibit "C". It is specifically acknowledged by all parties that the movement of vehicles owned, used or operated by the District are vehicles, the origin or destination of which is property historically :serviced by the existing Williamson Road as shown on exhibit "::". Developer r further agrees to include on the face of the final plat and in the covenants to be recorded for each phase of the Island Words Subdivision such language as will acknowledge the p^rpetnal right of use and access over the collector road by District, its 1 successors and assigns, and by present and future owners of the Williamson property, inc1LJyng the current agricultural and .SNMIEHLIal.4111Ame4, and any future residential or other lawful use and such language as will recognize that the collector road serves only residential side streets in the proposed Island Woods Subdivision and that no private drive will front on or have direct access to the said collector road. Developer agrees not to commence any permanent construction on the southerly access road as shown on exhibit "D" for the purpose of serving building lots, nor any lot south of the "development line" as shown on exhibit "D" until such time as the herein described collector road has been extended to the common boundary between Developer's and Williamson's property as described herein, unless construction of the southerly access road is sooner required by the applicable governmental entity. AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 6. 2/20/92/1..v AUG -14-2001 04:28 2083772427 95% P.07 P.7 Rug 14 01 04:25p JWK L 2083772427 4) Government Approvals. Construction of Public Collector Road by Williamson: Should Developer fail to construct the above- described collector road and off site improvements within three years from obtaining all requisite final governmental approvals (which approvals must be obtained not later than one year from execution of this agreement) for the proposed development, Williamson shall, at any time thereafter, have the right to purchase from Developer, for the total consideration of $1.00, the said sixty foot collector road (hereinafter "option premises") in the location herein described and, at their sole cost and expense, construct to all applicable governmental standards the said collector road and off site improvements. In the event Williamson elects to purchase the option premises from Developer, a warranty deed granting the option premises to Williamson shall be placed into escrow pursuant to mutually agreed upon escrow instructions which shall provide that the said deed may be released to Williamson upon completion of construction of the said collector road in accordance with such plans and specifications as are approved by the Ada County Highway District and prepared by and at the expense of the Developer or its engineering consultant. If Developer fails to prepare such plans in a timely and reasonable manner, Williamson shall, after written notice thereof to Developer, be entitled to have the plans prepared and the costs associated therewith charged to Developer in addition to those charges specified in this paragraph 4, below in the event of AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROAPWAY - Page 7. 2/20/92/j.v AHG 04:28 2083772427 95% P.08 p.8 Hug 14 01 04:25p JWK 2083772427 Developer's construction of additional phases. The said escrow instructions shall further provide that the construction of the said collector road shall be completed and must be dedicated to and accepted by the Ada County Highway District within nine (9) months after Williamson's election to purchase the option premises or the said deed shall be returned to Developer and the escrow closed. Williamson shall, however, be entitled to an extension of time within which the said road shall be completed and dedicated to and accepted by the Ada County highway District equal to any time construction of the said road is delayed by weather conditions which would prevent the normal construction of such a road or any delay caused by Developer in obtaining thebids as specified in this paragraph 4, below. Developer warrants that it is unaware of the presence of any toxic or hazardous waste materiels on the said option premises. Williamson, at his option, may cause, at his sole expense, initial testing for hazardous waste materials on the property. If toxic or hazardous waste materials are found that require clean up or removal in accordance with EPA regulations in force at that time, Developer shall remain responsible for the costs associated therewith. In the event Williamson elects to purchase the said option premises and construct the said collector road, Williamson shall -provide Developer written notice thereof, whereupon Developer shall, within 90 days of receipt of such notice, be required to obtain all bids and let all contracts, in the name and with the prior written approval of Williamson, AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 8. 2/20/91! J.nv AUG -14-2001 0429 20837?242? 95% P.09 Aug 14 01 04:25p JWK 2083772427 necessary for the construction of said collector road and off site improvements upon property then owned by Developer. Williamson, within thirty days of written rejection of Developer's bids, shall be permitted to obtain competitive bids and the work contemplated thereby shall be awarded to the lowest priced, qualified Developer or Williamson bidder. In the further event that Williamson makes the above-described election and the contemplated collector road and off site improvements are constructed at Williamson's expense, Developer shall reimburse to Williamson the cost of said construction within thirty days after' obtaining all requisite final governmental approvals for the further development property abutting or adjacent to the then completed on a pro -rata basis taking into account the number of collector road constructed by Williamson and lineal feet of Developer's property abutting the road which is approved for final development. Williamson elects to purchase the said option of Developer's collector road of lineal feet the number of said collector In the event premises and construct the said collector road, Williamson agrees to substitute itself for Developer for purpose of obligations to District under this agreement relating to construction of the collector road and further agrees to accept all such burdens and grant to the District all rights under this agreement relating to the construction of the collector road as though Williamson was the developer hereunder. This shall not be deemed to include responsibilities of Developer AGREEMENT FOR ABANDONMENT OF. EASEMENT AND/OR PRIVATE ROADWAY - Page 9. 3/20,92 jav AUS -14-2001 04:29 208377242? 95% P.10 p.10 Rug 14 01 04:26p JWK 2083772427 or their assigns as owner of the property relating the presence or cleanup of hazardous or toxic materials, or otherwise. 5) Signs: Upon completion of the construction of the temporary access road described herein, Williamson shall be permitted, at its sole cost and expense, to place, at the location depicted on exhibit "D" attached hereto, its existinh or comparable (by size, color, content and material) directional identification sign related to the Williamson Quarter Horse Rznch presently located at the location depicted on exhibit "D", attached hereto. Upon completion of the construction and acceptance thereof by Ada County Highway District of the herein described sixty foot wide collector road, Williamson shall be permitted to install the said sign at the location described in the Grant of Easement for Erection and Maintenance of Sign, attached hereto as exhibit "I". Williamson shall further be permitted to install and maintain at the location described in the above-mentioned Grant of Easement for Erection and Maintenance of Sign, an identification and directional sign describing any lawful existing or future use of Williamson's property described herein, subject to all requisite governmental approvals and further subject to the right of the Developer or its successors in interest to approve for consistency with Developer's existing signs and improvements located nearby, the size, (not to exceed 32 square feet), content, color, material and configuration of the said sign, so long as the said sign is not Installed prior to three years from the date hereof. Williamson shall further be AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 10. 2/2O/92/jwv AUG -14-2001 04:30 2083772427 95% P.11 I Hug 14 01 04:26P JWK 2083772427 .s*Le, permitted to install and maintain at the location depicted on exhibit "D", attached hereto, an additional identification and directional sign describing any lawful existing or future use of Williamson's property described herein, subject to all requisite governmental approvals and further subject to the right of the Developer or its successors in interest to approve for consistency with Developer's existing signs and improvements located nearby, the size (not to exceed 32 square feet), content, color, material and configuration of the said sign, so long as the said sign is not installed prior to completion of construction and dedication to the Ada County Highway District, if ever, of a public road located southerly of the herein described collector road, which extends from Eagle Road to the common boundary between the lands described in Exhibits "A" and "B" or as is depicted on Exhibit "D". 6) Property Purchase: Williamson agrees to sell to Developer and Developer agrees to purchase from Williamson that certain real property described on exhibit "3", attached hereto and made a part hereof, comprising approximately 1.85 acres at the rate of $20,000.00 per acre, for the total purchase price of $37,000.00, paid in cash at closing subject to the following ccnditions: a) Closing shall take place no later than 90 days after complete execution hereof, at Pioneer Title Company and at closing, Williamson shall deliver to Developer a Warranty Deed to the property, which Warranty Deed shall be subject to the exceptions AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 11. 2/20/92/jwv AUG -14-2001 04:30 tured42? 95% P.12 Aug 14 01 04:26p JWK 2083772427 set forth in exhibit "K", except for exceptions 4 and 10. Williamson shall furnish to Developer at Williamson's expense a standard owner's title insurance policy insuring Developer as owner in the amount of the purchase price, subject only to the exceptions set forth In exhibit "K" except for exceptions 9 and 10. Closing costs shall be split equally, and normal pro -rates for taxes and assessments shall be computed. b) Williamson warrants that it is unaware of the presence of any toxic or hazardous waste materials on the said property. Developer, nt its option, may cause, at its sole expense, initial testing for hazardous waste materials on the property. If toxic or hazardous waste materials are found that require clean up or removal in accordance with EPA regulations in force at that time, Developer may refuse to close the transaction contemplated hereby and relieved of all obligations to purchase the said property as set forth herein and this agreement shall terminate with no further liability to either party. 7) Easement - Williamson to District: Williamson agrees to grant to District, in the form attached hereto as exhibit "L", a Grant of Easement for Ingress and Egress permitting District to go AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 12. 2/2O/92/jiu AUG -14-2001 04:31 2083772427 95% P.13 Aug 14 01 04:27p JWK 2083772427 over and across Williamson's property at its historical location, including such portion of Williamson's property from the temporary access road at the eastern edge of the Island Wood Subdivision to the existing access road on Williamson's property as generally depicted on Exhibit "0", and upon its completion from the collector road at the eastern edge of the Island Woods Subdivision to the existing access road on Williamson's property as generally depicted on Exhibit "0" for the purposes of ingress and egress to and from the dam and water diversion structure located on the Boise River with the right to use the easement for purposes consistent with the District's full enjoyment of rights of ingress and egress. Williamson shall retain the right to reasonably relocate the said easement so long as comparable access is provided from the temporary access road or the collector road, as the case may be. 8) Further Acrreements and Approvals: This agreement shall, be void ab initio and of no force and effect unless prior to the date of closing as set forth herein, agreements in a form acceptable to Developer are executed extinguishing the rights of all other users of the existing roadway located along the northern boundary of Developer's property as described herein and approval is obtained from the Eagle City Council as set forth in paragraph 3 hereof. Further, this agreement shall be void ab initio and of no force and effect in the event that all requisite final governmental approvals are not obtained for the proposed Island Wood Subdivision within one year of the date hereof. AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 13. Z/20/92/jsw A! In -1 4-7A111 Gi4: 31 2083772427 95% P.14 Hug 14 01 04:27p JWK 2083772427 9) Closina and Escrow: Closing shall occur no later than ninety days after execution of this agreement at Pioneer Title Company, and at closing, in addition to the provisions of section 6 hereof, the following shall occur! a) Williamson and District shall each deliver to escrow a Release and Quitclaim of Right of Way in the form attached hereto as Exhibit: "E" and "F", respectfully, to be released to Developer upon completion of the construction of the temporary access road and obtaining of Highway District approval and Eagle City approval referenced in paragraph 3; b) Developer shall deliver to both Williamson and District a Grant of Easement for Ingress and Egress in the form attached hereto as exhibits "C" and "H", respectively; c) Williamson and District shall each deliver to Developer a Release and Quitclaim of Right of Way in the form attached hereto as exhibits "M" and "N" which documents shall be held in escrow by Pioneer Title Company pursuant to such instructions as may be agreed upon between the parties; d) Developer shall deliver to Williamson a Grant of Easement for Erection and Maintenance of Sign in the form attached hereto as exhibit "I" which said AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 14. 2/2O/92'3ov AUG -14-2001 04:31 208377242? 95% P.15 p.15 Rug 14 01 04:28p e) f) g) h) AGREEMENT FOR Page 15. 2, 2o/ 92 f j..v AI 1G-1 4 -20C11 i4: 32 JWK 2083772427 grant of easement shall be held in escrow by Pioneer Title Company pursuant to such instructions as may be agreed upon between Developer and Williamson; and Williamson shall deliver to District a Grant of Easement in the form attached hereto as exhibit t1LIt Williamson shall furnish to District at District's expense a commitment for title insurance policy for the minimum policy amount setting forth the status of ownership of the property from the eastern edge of the Island Woods Subdivision to the eastern end of Eagle Island at the location of the District's water diversion structure. Williamson shall furnish to District, at District's expense, title insurance for the minimum policy amount insuring District's first priority interest in the easement premises described in paragraph 7 above and the option premises as described in paragraphs 3 and 4 above. Developer shall furnish to District and Williamson, at Developer's expense, title insurance in the amount of $37,000.00 insuring District's and Williamson's first priority interest in the easement premises as described in paragraph 2, ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - 2083772427 95% P.16 Hug 14 01 04:28p JWK 2083772427 above and Williamsonfs interest in the option premises as described in paragraph 4, above. 10) Notices: Any notice, request, demand, instruction, or other communication to be given. to any party hereunder, except those required to be delivered at the closing, shall be in writing or personally delivered or sent by overnight delivery service or by registered or certified or faxed mail, as follows: Developer: B.W., Inc. Attention Dennis M. Baker 1523 East Boise Avenue Boise, Idaho 83702 Copy to: William J. McKlveen Eberle, Berlin, Kading, Turnbow & McKlveen, Chartered P.O. Box 1368 Boise, Idaho 83701 Williamson: Sylvan D. Williamson Williamson Road Eagle, Idaho 83616 Copy to: Judith K. Holcombe Givens, Pursley, Webb & Huntley 277 N. 6th Street Suite 200 Post Office Box 2720 Boise, Idaho 83701 District: Pioneer Irrigation District Attention Lonnie J. Freeman P.O. Box 426 Caldwell, Idaho 83606 Copy to: Scott L. Campbell Davis, Wright, Tremaine AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 16. 2/30,92/Jew RUG -14-2001 04:32 2083772427 95! P.17 Aug 14 01 04:28p JWK 702 West Idaho Street Suite 700 Boise, Idaho 83702 2083772427 11) Attorney Fees: If one of the parties hereto defaults in any manner or fails to perform any or all provisions of this agreement, and if the non -defaulting party places this agreement with an attorney to exercise any of the rights of the non - defaulting party, upon such default or failure, or suit be instituted or defended by the non -defaulting party by reason of, under or pertaining to such default or failure, then the non - defaulting party shall be entitled to recover reasonable attorneyn fees, costs and expenses from the defaulting party. 12) Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents and other instruments, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties as expressed in this agreement. 13) Assignment: The parties hereto may assign their rights and obligations under this agreement without limitation. 14) Integration: This agreement supersedes all prior agreements between the parties hereto, whether in writing or otherwise; and any such prior agreement shall have no force or effect upon and after the date of execution of this agreement. Notwithstanding the foregoing, all parties hereto acknowledge that no prior agreements exist as between them. This agreement contains AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 17. 2 20/92/Jwv RUG -14-2001 04:32 2083772427 95., P.18 Aug 14 01 04:29p • JWK 2083772427 the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect. IN WITNESS WHEREOF, the parties have executed this document at the day and year first above written. DEVELOPER: B.W., Inc., an Idaho Corporation ennis M. Baker, President STATE OF IDAHO ss. COUNTY OF On this alLIFI day of before me, the undersigned, a notary public i personally appeared Dennis M. Baker, known t whose name is subscribed to the within and foregoing instrument, and acknowledged to me that he executed the same as the President of Developer, B.W., Inc., an Idaho Corporation. 199a, and for said state, me to be the person IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1 (- 0 -1- • Not y Public for Idaho Residing at Boise, Ida o Commission Expires ►•I 3 WILLIAMSON: Sylvan D. illiamson AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 18. 2/20192/I,u AUG -14-2001 04:33 2083772427 95% P. 19 Hug 14 01 04:29p JWK STATE OF IDAHO COUNTY OF OjAPL ) ) ) SS. On this 0•161 day of before me, the undersigned, a notary pu personally appeared S Ivan D. Williamson known to me to be the persons whose names are subscribed to the within and foregoing instrument, and acknowledged to me that they executed the same. 2083772427 4,44./ G f L.Lft�rrr-�>z� Barbara A. Williamson c in and for said state, nd Barbara A. Williamson, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .,011111111., ,1‘01: �' = .l I' .••...0•..'' �/: . r1. ^M �!1\\tib STATE OF IDAHO COUNTY OF Ada ) ) ) SS. 11, 4 FS/. tilbk Nok ary Public for Idaho Re iding at Boise, Idaho Commission Expires 1-11)-9 3 DISTRICT: By '�ti • I �7Z-}� On this Fr4 day of / a.G47 19. fl, before me, the undersigned, a notary publ c in and for said state, personally appeared i� Pl , known to me to be the person w ose name is subscribed to the within and foregoing inptrument, ar10 acknowledged to me that he executed the same as (14eL2,%a U%-arei of Grantee, Pioneer Irrigation District. AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 19. 2/20,92/ j.... AUG -14-2001 04:33 2083772427 95% P. 20 Aug 14 01 04:29p . • JWK 2083772427 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1. • • • p.21 Notary Public foiNtdaho ����� Residing at Bet _ _ , •_. b'- ge e Commission Expires "3- 7 -14 9 2 - AGREEMENT - AGREEMENT FOR ABANDONMENT OF EASEMENT AND/OR PRIVATE ROADWAY - Page 20. 2/20/92/jwv AUG -14-2A1711 84:34 2AR377747? 9S% p . 21 Hug 14 01 04:36p JWK TitleOne a title & escrow co. August 14, 2001 Mr. James Kiser, Esq. Attorney at Law 619 Queens Guard Way Boise, ID 83709 2083772427 Re: Agreement for Abandonment of Easement and/or Private Roadway Island Woods, Eagle, ID Dear Mr. Kiser: We have examined the above referenced document recorded in the office of the recorder of Ada County, Idaho on December 4, 1992 as Instrument No. 9284462. It has been the practice of TitleOne Corporation to show the document as an exception to coverage on any title commitment issued by our company on property located within the boundary of the legal description contained in the instrument. Respectfully, Kenneth A. Franklin Vice President, Commercial Escrow Officer 1101 West River Street Suite 201 Boise, Ill 83702 208.424.8511 800.759.0339 Fax 208.424.0049 Al if; -14-2801 04:39 2083772427 95% P.02 p.2 August 14, 2001