Development Agreement - 2014 - Eagle Gateway South MOD3 - 8/25/2014 ADA COUNTY RECORDER Christopher D. Rich 2014-072476
BOISE IDAHO Pgs=15 LISA BATT
EAGLE CITY 09/05/2014 02:21 PM
NO FEE
IIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIIIIIII 11111 I III
00018484201400724760150150
Recording Requested By and
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
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (this "Development Agreement"), made
and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal
corporation in the State of Idaho ("Eagle") and ROCK CONTRACTORS, INC. an Idaho company,
("Owner"). Upon recordation of this Development Agreement, that certain Development Agreement
recorded in the real property records of Ada County, Idaho, on May 13, 2008, as instrument number
108055908(the"Original Development Agreement")and shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately
15.77 acres located at the southeast corner of SH-44 and South Edgewood Lane, ("Property"), as
specifically defined in the attached legal description(Exhibit A),and shown on the Concept Plan(Exhibit
B), which is a portion of the site subject of an application for rezone, identified as Eagle Rezone
Application No. RZ-24-06 and which is subject to an application for modification of development
agreement,identified as Eagle Rezone Modification Application No. RZ-24-06-MOD3; and
WHEREAS, Owner has previously been approved for modifications to the Original Development
Agreement associated with the Property pursuant to Rezone Application No. RZ-24-06 MOD, Rezone
Application No. RZ-24-06 MOD2, and Rezone Application No. RZ-24-06 MOD4, which modifications
associated with the Property are implemented within this Development Agreement; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Mixed Use and zoned MU-DA(Mixed Use with a development agreement); and
WHEREAS, Owner desires to develop the Property for office, retail, commercial entertainment
facility, nursing/convalescent home, and multi-family residential purposes as generally shown on the
Concept Plan(Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any office, retail,
commercial entertainment facility, nursing/convalescent home, and multi-family residential project upon
the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community;and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
Page 1 of 11
K:\Planning DeptEagle Apptications\SUBS2006\Eagle Gateway South MOD3 da cc fnl ver.docx
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the Mixed Use District("MU-DA")zoning
designation for the Property with the requirements set forth in the Original Development Agreement as
replaced by this Amended and Restated Development Agreement;and
WHEREAS, this Development Agreement provides approval of a height exception as allowed by
Eagle City Code Section 8-2A-6(B)(6)(a)because this Amended and Restated Development Agreement is
approved in lieu of a PUD and conditional use process as described herein; and
WHEREAS,the City Council has determined that,in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this Development Agreement, is
to be used in lieu of the PUD and conditional use process; and
WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to a
development agreement pursuant to Eagle City Code Section 8-10-1(C)(1);and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is
agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code,Title 8,Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to MU-DA,
subject to the provisions of the Prior Agreements, and as specifically set forth previously in Ordinance
No. 597 which became effective after its passage,approval, and publication on June 10,2008.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further,Owner will submit such applications regarding floodplain
development permit review,design review,preliminary and final plat reviews,and/or any
conditional use permits,if applicable,and any other applicable applications as may be required by
the Eagle City Code,which shall comply with the Eagle City Code,as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan represents the Owner's current concept for completion of the project.As the
Concept Plan evolves,the City understands and agrees that certain changes in that concept may
occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community,a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
Page 2 of 11
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
3.3 Development of any residential uses on the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.A
separate application shall be submitted a for a conditional use permit for a height exception.
3.4 The Setbacks shall be as follows:
Multi-family:
Front 15 feet
Rear 20 feet
Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story)
Street Side 15 feet
Mixed Use/Office/Retail Commercial Buildings
Front 7.5 feet (allows canopies,awnings,etc.to encroach)(typ. at
west end of Riverside Drive near Edgewood and along
Edgewood)
20 feet(typical unless noted otherwise)
Rear 10 feet
Interior Side 7.5 feet(2-story)/ 12.5 feet(3-story)
Street Side 7.5 feet(allows canopies,awnings,etc. to encroach)
Maximum Coverage: 60%
3.4.1 The building height of the tennis facility shall not exceed 45-feet.The building height of a
hotel shall not exceed 60-feet.
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations"under the MU zoning designation (except as permitted
in Section 3.6, below). Retail/office buildings shall not exceed a footprint maximum of 15,000
square feet.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application(whichever the
case may be)is made for individual building use.
All uses shown as"P"permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Bar
Page 3 of 11
K:\Planning DephEagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc frd ver.docx
• Hotel
• Retail Sales
• Commercial Entertainment Facility(Tennis and outdoor recreational facility)
• Nursing/Convalescent Home
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Residential,Mobile Home(Single Unit);
• Residential,Mobile Home(Single Unit Temporary Living Quarters);
• Residential,Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery,plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage(fenced area);
3.7 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping,pressurized irrigation facilities,parking lots,and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with this
Agreement.
(c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum(looks identical to wrought iron),or three-rail-type wooden decorative
fencing.All other fencing(ie. cedar fencing,vinyl,chainlink)shall be prohibited.
3.7.1 The Owner shall place a note on the final plat that all common areas are to be owned and
maintained by the Owners Association(s) for the development. The Owner shall provide a
copy of the CC&Rs (which include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of the first final plat. The
CC&Rs shall provide that the association(s)shall have the duty to maintain and operate all of
the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code,in perpetuity.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes. However,the streetscape as shown on the concept plan
(center landscape islands,and street trees)shall be required design elements as part of the final
design for the site.For the purpose of this Agreement,open space shall be defined as all areas other
than buildings,parking lots,roadways,and individual, fee-simple residential building envelopes.
3.9 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat application. Prior to issuance of any building
Page 4 of 11
K:\Planning DephEagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
permits, Owner shall provide proof of central sewer service to the proposed residential and
commercial uses. A letter of approval shall be provided to the City from the Idaho Department of
Health and Welfare, Department of Environmental Quality, and/or Central District Health,prior to
issuance of any building permits.
3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Idaho Fish & Game
Department (if applicable), the Idaho Department of Water Resources (if applicable), the Army
Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and shall
be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development
and improvement of the Property shall comply with rule and regulations pertaining to regulated
wetlands prior to submittal of a final plat application.
3.11 Owner will comply with all applicable provisions of Title 10,Flood Control,of the Eagle City
Code.
3.12 A minimum of one emergency and/or service access point to the Boise River for the use of repair
and rescue equipment and personnel shall be provided.Location and width of emergency and/or
service access shall be as determined in coordination with the City of Eagle Park and Pathway
Development Committee,Eagle Fire Department,and Boise River Flood Control District#10 and
approved by the Eagle City Council prior to City approval of a master design review application for
the Property.
3.13 The development is to incorporate public art,water features,or other features of interest and
pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains,benches,
tables,etc.).
3.14 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the"Dark Sky"concept of lighting.
3.15 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2)planting details within the proposed and required landscape islands and all
common areas throughout the development, 3) landscape screening details and buffering for the
residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation
pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in
reference to mosquito abatement. The design review application shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat.
3.16 Owner shall provide pedestrian and bicycle public access as shown on the Concept Plan from
Riverside Drive to the paved greenbelt pathway located adjacent to the east and west boundaries as
shown on the Renovare Subdivision preliminary plat date stamped by the City on June 17,2013.
The public access to the pathway shall be reviewed and approved by the Eagle Parks and Pathway
Development Committee and the Design Review Board prior to submitting final plat application.
3.17 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Riverside Drive.
3.18 City of Eagle approvals shall be subject to any FEMA requirements.
3.19 Provide a license agreement from ACHD approving the landscaping located within the public right-
of-way abutting the Riverside Drive prior to the City Clerk signing the final plat.
3.20 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
Page 5 of 11
K:\Planning DeptEagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be
bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1
shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty
(30) days of written notice of such failure from Eagle, Eagle shall have the right, without
prejudice to any other rights or remedies, to cure such default or enjoin such violation and
otherwise enforce the requirements contained in this Development Agreement or to terminate
the Development Agreement following the process established in Eagle City Code Section 8-
10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement,including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process
in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1,use of the property shall be limited to those uses
allowed within an A-R (Agricultural-Residential) zoning designation until Eagle enacts and
records an ordinance changing the property to the A-R (Agricultural-Residential) zoning
designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall,to any extent,be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party)and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution,the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Owner and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns;provided, however, that if all or any portion of the development
is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any portion
Page 6 of 11
K.\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
thereof(including,without limitation, any owner who acquires its interest by foreclosure,trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509,as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only
and shall not constitute a portion of this Development Agreement. As used in this Development
Agreement,masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any
action brought in connection with this Development Agreement shall be brought in a court of
competent jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party
shall have been deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service,to the party to whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle,Idaho 83616
Owner: Rock Contractors,Inc.
Attn: Charlie Wood
444 West Karcher Road
Nampa,ID 83687
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to
provide adequate financial assurance to Eagle,to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to
the Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this
Page 7 of 11
K:\Planning Dep\Fagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as
appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to
the Owner or,if Owner has made a cash deposit with Eagle,Eagle may draw on the deposit to pay its
invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the
Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then
following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the
financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be
paid exceeds the amount of the then current balance of the financial assurance (whether it be in the
form of a cash deposit or a letter of credit),the Owner shall replenish the financial assurance and shall
become current as to all outstanding fees owed. Upon payment in full of all attorney fees and
engineering fees,Eagle shall release to the Owner the unused portion of the cash deposit or the letter
of credit, as applicable. . Eagle's draw upon the financial assurance under this Section shall not
preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section
8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owner,exercise any or all of the following
remedies.
a) Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
b) Withhold the connection of water, sewer or electric service to any property located within the
Project;
c) Refuse to accept public ownership and maintenance of public improvements within the
Project and record a notice of such action with the Ada County Recorder's Office;
d) Issue a stop work order for any building under construction within the Project;
e) Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City
Code;
f) Bring an action for damages, injunctive relief,specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each
other,may be enforced simultaneously or separately,at the sole discretion of the City.
8.8 Effective Date.This Development Agreement shall be effective upon the signing and execution
of this agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the
parties, and the performance of their covenants and obligations therein, the parties acknowledge
such action has been duly authorized by all necessary corporate (or LLC)action, and necessary
corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign
this Agreement and so bind their respective parties.
Page 8 of 11
K:\Planning Dept\Eagle Applications\SUBS2006\Eagle Gateway South MODS da cc fnl ver.docx
IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this day of 1� �, ,2014.
•,,,,,,.,„+•.,,,,� CITY OF EAGLE,a municipal corporation
•••••,fir( OF td organized and existing under the laws of the
•• �'� State of Idaho
es D. Reynolds,M. or
By Aat.Z.
- 1DP
N
ATTEST:
Sharon K.Bergmann,City Clerk
Rock Contractors,Inc,an Idaho company
-(8'EcA 9196x0r)(
By
Charlie W.Wood
Its: President
STATE OF IDAHO )
: ss.
County of Ada )
On this5 day of (,(a,- ,2014,before the undersigned notary public in and for
the said state,personally appearedAAMES 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 WHEREOF,I have hereunto set my hand and seal the day and year first above
written. $ ,,,,,,
/ .t+^L , ) •.
1
ao 1r,
Notary Pi'. i 4r Idaho r .� 14,�p R Y °
Residing .,# �// _ / I •
My Commiss on Expires: O/M02.0/5 °„ -e V
O •
P$1`�'ti •°• 2'
`4”
p•
Page 9 of 11
K:\Planning DeptTagle Applications\SUBS\2006\Eagle Gateway South MODS da cc fnl ver.docu
STATE OF IDAHO )
: ss.
County of Ada ) L
On this (9iday of A1A4?l'I ,2014,before the undersigned notary public in and for
the said state,personally appeared CHARLIE W.WOOD,known or identified to me to be the President
of Rock Contractors,Inc. an Idaho Company,the owner of the property referenced herein and the persons
who executed the foregoing instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year first above
written. I I,
#.0.+0� M. R • Notary Public for Idaho
OTAR p 'ms's Residing at: 6'LCD'►IlA/ t
11 My Commission Expires: �f
y ��• _
O
',ft,•c OF .•
Page 10 of 11
K:\Planning Dep$Eagle Applications\SUBS\2006\Eagle Gateway South MOD3 da cc fnl ver.docx
INDEX OF EXHIBITS
A - Legal Description
B - Concept Plan
C - Affidavit of Owner
Page 11 of 11
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MODS da cc fnl ver.docx
EXHIBIT "A"
COMPASS LAND Sl
6940 N. Linder Rd Telephone:(208)442-0115
Meridian, Idaho 83646 Fax:(208)327-2106
Email: jeffwb.cls @gmail.com
Client: Rennison Engineering
Date: October 26,2013
Job No.:4713
RE: Eagle Tennis Club
PROPERTY DESCRIPTION
A parcel of land being a portion of the SE 1/4 NE 1/4 of Section 16 and a portion of the SW 1/4 NW 1/4 of
Section 15,Township 4 North, Range 1 East, Boise Meridian,City of Eagle,Ada County,Idaho, more
particularly described as follows:
Commencing at a found 2 and 1/2 inch diameter brass disk stamped"JTE PLS 972"marking the SE corner
of said SE 1/4 NE 1/4, (1/4 corner common to sections 15 and 16), said corner bears S. 00°27'26"W.,a
distance of 1322.56 feet from a found 2 inch diameter illegible aluminum cap marking the NE corner of said
SE 1/4 NE 1/4, (North 1/16 corner common to sections 15 and 16);
Thence along the easterly boundary of said SE 1/4 NE 1/4, N. 00°27'26"E., a distance of 317.88 feet to the
POINT OF BEG INNING,
Thence N. 71°37'30"W., a distance of 178.01 feet to a point marking the easterly right of way of South
Edgewood Way,as described in that certain Warranty Deed recorded as Instrument No. 108106716 and
depicted on Lonesome Dove Subdivision on file in Book 101 of Plats at Pages 13461 through 13467 in the
Office of the Recorder of Ada County,Idaho. Said point also being the beginning of a non tangent curve left;
Thence along the easterly light of way of said South Edgewood Way the following courses and distances:
Thence a distance of 79.96 feet along the arc of said curve left, having a radius of 535.00 feet, a central
angle of 08°33'48",the long chord of which bears N. 06°02'54"W.,:a distance of 79.89 feet to found 5/8
inch diameter iron pin stamped"Rennison Fodrea PLS 5618"marking the beginning of a reverse curve right;
Thence a distance of 213.16 feet along the arc of said curve right, having a radius of 465.00 feet,a central
angle of.26° 15'54",the long chord of which bears N.02°48'08"E.,a distance of 211.30 feet to a found 5/8
inch diameter iron pin stamped"Rennison Fodrea PLS 5618"marking the beginning of a compound curve
right;
Thence a distance of 30.66 feet along the arc of said curve right, having a radius of 19.00 feet,a central
angle of 92°27'26",the long chord of which bears N. 62°09' 13"E.,a distance of 27.44 feet to a found 5/8
inch diameter iron pin stamped"Rennison Fodrea.PLS 5618";
Thence tangent to said curve, S. 71°37'39" E.,a distance of 15.00 feet to a found 5/8 inch diameter iron pin
stamped"Rennison Fodrea PLS 5618";
Thence N. 18°02'36"E., a distance of 70.00 feet to a found 5/8 inch diameter iron pin with no cap;
Thence N.71°37'39"W., a distance of 15.00 feet to a found 5/8 inch diameter iron pin stamped"Rennison
Fodrea PLS 5618"marking the beginning of a tangent curve right;
Thence a distance of 29.85 feet along the arc of said curve right, having a radius of 19.00 feet, a central
angle of 90°00'00",the long chord of which bears N. 26°37'37"W.,a distance of 26.87 feet to a found 5/8
inch diameter iron pin stamped"Rennison Fodrea PLS 5618";
COMPASS LAND SURVEYING,PLLC
Eagle Tennis Club-4713\Survey\Descriptions\Boundary Description.doc
Page 2 of 2
Thence tangent to said curve, N. 18°22'24"E.,a distance of 212.92 feet to a found 5/8 inch diameter iron
pin with no cap marking the beginning of a non-tangent curve left;
Thence a distance of 78.60 feet along the arc of said curve left, having a radius of 200.00 feet,a central
angle of 22°30'57",the long chord of which bears N.29°37'56" E.,a distance of 78.09 feet to a found 5/8
inch diameter iron pin with no cap;
Thence non tangent to said curve, N. 18°38'27"E., a distance of 3.96 feet to a found 5/8 inch diameter iron
pin with no cap marking the southerly right of way of E.State Street(Highway 44);
Thence along said southerly right of way,S.71°36'45"E.,a distance of 958.57 feet to a found 5/8 inch
diameter iron pin stamped"Brownell LS 8960"marking the north west corner of that certain"Amended Plat
of Ancona Park"subdivision on file in Book 90 of Plats at Pages 10481 and 10482 in the Office of the
Recorder of Ada County, Idaho;
Thence along the westerly boundary of said"Amended Plat of Ancona Park",S. 00°32'21"W., a distance of
585.94 feet to a found 5/8 inch diameter iron pin stamped"Koerner PLS 8251"marking the south west
corner of said"Amended.Plat of Ancona Park";
Thence S. 00°32'21"W., a distance of 35.34 feet to a point; -
Thence N. 81°29' 11"W.,a distance of 299.36 feet to a point marking the beginning of a tangent curve right;
Thence a distance of 15.51 feet along the arc of said curve right,having a radius of 335.00 feet,a central
angle of 02°39' 10",the long chord of which bears N. 80°09'36"W., a distance of 15.51 feet to a point
marking the beginning of a reverse curve left;
Thence a distance of 27.66 feet along the arc of said curve left,having a radius of 19.00 feet,a central angle
of 83°24'57",the long chord of which bears S. 59°27' 30"W., a distance of 25.28 feet to a point;
Thence non tangent to said curve, N.71°22' 14"W.,a distance of 50.00 feet to a point marking the
beginning of a non-tangent curve left;
Thence a distance of 27.38 feet along the arc of said curve left, having a radius of 19.00 feet,a central angle
of 82°33'53",the long chord of which bears N.23° 16' 19"W.,a distance of 25.07 feet to a point of reverse
curve right;
Thence a distance of 84.17 feet along the arc of said curve left,having a radius of 335.00 feet, a central
angle of 14°23'42",the long chord of which bears N. 57°21'24"W.,a distance of 83.94 feet to a point;
Thence non tangent to said curve, N. 80°00'00"W.,a distance of 370.35 feet to a point;
Thence N. 71°37'30"W.,a distance of 54.62 feet to the PO/NT OF BEGINNING.
This parcel contains 15.77 acres more or less.
EXCEPT THEREFROM a portion of right of way conveyed to Ada County Highway District by Warranty
Deed recorded July 3, 2008 as Instrument No. 108077070
P firm
,ft'T /9►`/V,/
Q• O V
.11574
$OFVO
BEAG‘
EXHIBIT "B"
41 = O< I ' ' 41../e:
U
15: s t2-^f '
V.., EW5L5 . .;'E \ ----- E.
p
al . U
po0• r
----- II
pRt LO
- E3 \-----
000.
Z
a
O
(71 3 Mi W F-
o
-\000• 000
RI W
HI
l$° 000 Q!
i
000
c4 h 9 W En W S \ 0 ' • .pop. • • .poO• • �i / W M >
E--
< 14
f� W
E--, HI z CC
71-'I a D
�r c W F d
W
3 i :ill
ow - W
.a
E--, —I /0.
a;1
i / / v
.1( air
t H111111 .___ \
cilnilllllP % / — m
III 3
oz
e iii 11 ( v
N
LILIIIIIIL z6 – ��
W\ L—f � �
J
AVM QOOMIJQE a
Q
EXHIBIT"C"
Affidavit of CHARLIE WOOD on behalf of Rock Contractors,Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
CHARLIE WOOD,who being first duly sworn under oath,deposes and says:
1. I am Charlie Wood, who is the President of Rock Contractors, Inc.,whose mailing address is
444 West Karcher Road,Nampa,ID, 83687,("Rock Contractors,Inc.").
2. Rock Contractors, Inc., is the fee simple owner of the parcel(s) of real property described on
Exhibit 1,attached hereto(the"Property").
3. Rock Contractors, Inc., authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle
City Code Section 8-10-1 dated the ` `day of , 2014 by and between the City of
Eagle, a municipal corporation in the State of Idaho, and Charlie Wood, Rock Contractors,
Inc.,the"Agreement").
DATED this/3 day of 4ts j ,2014.
By: Rock Citractors,Inc.
By:rArA.S, �Cod;
Charlie Wood,President
SUBSCRIBED AND SWORN to before m- this I c day of quit- ,2014.
.`.�•�', CRS� •'' A 141 L0%4■
0
�'•. N�ry'Public for Idaho
01pRY Residing at 1M ,Idaho
LMy Commis i o n 1
`G 0 )
PUB4
.,� q TE of
Page 1 of 1
K:\Planning Dept\Eagle Applications\SUBS\2006\Eagle Gateway South MOD3 da affidavi.doc