Mou/Moa - 2020 - Avimor Consent & Covenant - 7/23/2020CONSENT AND COVENANT AGREEMENT
This Consent and Covenant Agreement ("Agreement") is made on this (i3r_ day of July, 2020
by and between Avimor Development, LLC, an Idaho limited liability company, Avimor Partners, LLC,
an Idaho limited liability company, and First American Title Insurance Company, a Nebraska corporation,
as Trustee of the Dual Beneficiary Trust, Trust No. 8562, which Trust was created pursuant to the
Subdivision Trust Agreement dated October 8, 2002 (collectively, "Owner") and the City of Eagle, an
Idaho municipal corporation ("City").
RECITALS
A. Owner requested City's consent pursuant to Idaho Code § 50-3101(3) to form a
Community Infrastructure District to be known as the Avimor Community Infrastructure District No. 2
(Boise County, Idaho) ("District") in a portion of Boise County, Idaho contained within the City's
comprehensive plan area;
B. City granted the requested consent to form the District, but only with respect to that
certain portion of property owned or controlled by Owner in Boise County, Idaho, which area is
approximately 6,100 acres in size and generally depicted on Exhibit A, attached hereto and incorporated
herein, and legally described on Exhibit B, attached hereto and incorporated herein, ("Village Two");
C. At Owner's request and with the City's consent, Boise County, Idaho may form the
District pursuant to the Community Infrastructure District Act (Title 50, Chapter 31, Idaho Code) ("CID
Act"), but only with respect to the Village Two area, depicted and described in Exhibits A and B and not
any other portion of property owned or controlled by Owner within the City's comprehensive plan area;
and
D. Owner and City desire to enter into this Agreement to provide Owner with the consent to
form the District in Boise County, Idaho on the terms and conditions outlined in this Agreement and to
provide the City with assurances that Owner will not request or approve the addition of any area into the
District beyond Village Two that is contained within the City of Eagle's comprehensive plan unless
Owner first receives the City of Eagle's prior written consent to such addition.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals above, which are incorporated into this
Agreement by this reference, Owner and City agree as follows:
1. City hereby grants its consent pursuant to I.C. § 50-3101(3), to and for Owner to request,
and to and for Boise County, Idaho to form a Community Infrastructure District pursuant to the CID Act
over the "Village Two" area within City's comprehensive plan area in Boise County accordance with the
CID Act.
2. Owner shall not submit any request or approval, including any approval under Idaho
Code § 50-3106(2), to add any area contained within the City of Eagle's comprehensive plan area to the
District unless Owner first receives the City's prior written consent to such addition.
3. Owner shall submit the City's written consent to the District concurrently with any
request or approval to add any area contained within the City of Eagle's comprehensive plan area to the
District.
CONSENT AND COVENANT AGREEMENT -1
4. Owner shall request the covenants set forth in this Agreement from Owner be specifically
identified in the portion of the `district development agreement' for the District addressing annexation of
lands to the District. Further, Owner shall request that such `district development agreement' state that
District and Owner expressly recognize City as a third party beneficiary of such provision. A provision in
the `district development agreement' substantially as follows shall satisfy the foregoing requirement:
"ADDITIONS TO THE DISTRICT. For Owner's benefit, Owner has entered into
a separate agreement with the City of Eagle requiring Owner to first get the City of
Eagle's prior written consent before submitting any request for approval (including
any Idaho Code § 50-3106(2) approval) to add any area contained within the City
of Eagle's comprehensive plan area into the District. Owner has requested that its
agreement with the City of Eagle be addressed in this Agreement. District has
consented to implement Owner's agreement with the City of Eagle. Accordingly,
Owner shall submit the City of Eagle's written consent to the District concurrently
with any request or approval to add any area contained within the City of Eagle's
comprehensive plan area to the District. District and Owner agree that the City of
Eagle shall be an express third party beneficiary of this Section."
5. This Agreement shall be binding upon, and run to the benefit of, the parties and their
respective heirs, successors and assigns.
[Remainder of page intentionally left blank; signature page follows.]
CONSENT AND COVENANT AGREEMENT - 2
DATED as of the year and day first set forth above.
"Owner" Avimor Development, LLC, an Idaho limited liability company
By:
Name: t
Title: AAI
Avimor Partners, LLC, an Idaho limited liability company
By:
Name: iCf1 l�
Title: „/�j�� t r it cTyr
First American Title Insurance Company, a Nebraska corporation , as
Trustee of the Dual Beneficiary Trust, Trust No. 8562, which Trust was
created pursuant to the Subdivision Trust Agreement dated October 8,
2002
By:
Name:
Title:
"City" CITY OF EAGLE, an Idaho municipal corporation
By:
N e: 1.-cc5a�
Title:
Attest:
Y A or
CONSENT AND COVENANT AGREEMENT - 3
DATED as of the year and day first set forth above.
"Owner" Avimor Development, LLC, an Idaho limited liability company
By:
Name:
Title:
Avimor Partners, LLC, an Idaho limited liability company
By:
Name:
Title:
First American Title Insurance Company, a Nebraska corporation , as
Trustee of the Dual Beneficiary Trust, Trust No. 8562, which Trust was
created pursuant to the ubdiv'sion Trust Agreement dated October 8,
2002
By: '`/t/ra--<-1/'►-AA C&td,d
Name: i 4Ct (/
Title: . , +,r
"City" CITY OF EAGLE, an Idaho municipal corporation
By:
Name:
Title:
Attest:
By:
CONSENT AND COVENANT AGREEMENT - 3
EXHIBIT A
Map of District
1
•
•
Avimor Community
Infrastructure District No. 2
(Boise County, Idaho)
Sept 24. 2019
GRAPHIC SCALE: 1 INCH = 1 NILE
0 1.2 MILE 1 MILE 2 MILES
CONSENT AND COVENANT AGREEMENT - 4
Exhibit B
Legal Description of District
A tract of land located in Township 5 North, Range 1 East, Boise Meridian, Boise
County, Idaho described as follows:
In Section 1, the portions of the Northeast One Quarter which lie within Boise County
including Government Lots 1 and 2, and;
AND ALSO
A tract of land located in Township 6 North, Range 2 East, Boise Meridian, Boise
County, Idaho described as follows:
In Section 7, the East One Half of the Southwest One Quarter, and Government Lots 3, 4, 10
and 11, and;
A parcel of land situated in the Southeast One Quarter of the Southeast quarter of Section 17,
Township 6 North, Range 2 East, Boise Meridian, Boise County, Idaho, as shown on the
Record of Survey filed under Instrument No. 167338 in the Office of the Boise County
Recorder, Idaho City, Idaho, said parcel being described as follows:
Beginning at an iron pin with an aluminum cap marking the Southeast corner of said
Section 17,
Thence along the East boundary of said Section 17 North 00°33'29" East a distance
of 595.84 feet to a point on a curve on the Easterly right of way boundary of old
Highway 55, FAP F. 129-(13),
Thence along the said Easterly right of way boundary along the arc of a curve to the
right having a radius of 722.96 feet, a central angle of 06°37'36", a length of 83.62
feet and a long chord which bears South 29°27' 18" West a distance of 83.57 feet to a
point of spiral curve,
Thence continuing along the arc of a spiral curve to the left having a long chord
which bears South 37°37'26" West a distance of 169.50 feet to a point of
tangent: Thence South 40°16'06" West a distance of 220.75 feet to a point of
spiral curve, Thence continuing along the arc of a spiral curve to the left having a
long chord which bears South 37°56'40" West a distance of 130.15 feet to a point
of curve,
Thence continuing along the arc of a curve to the left having a radius of419.52 feet, a
central angle of 17°08'36", a length of 125.52 feet and a long chord which bears
South 24°09'05" West a distance of 125.06 feet to a point on the South boundary of
said Section 17, Thence along the said South boundary, South 89°30'00" East a
distance of 412.67 feet, to the point of beginning.
In Section 18, the East One Half of the Northwest One Quarter, the Northeast One Quarter of
the Southwest One Quarter and Southeast One Quarter of the Southeast One Quarter,
Government Lots 1, 2, 3 and 4, and;
CONSENT AND COVENANT AGREEMENT - 5
In Section 19, the Southeast One Quarter. the South One Half of the Northeast One
Quarter and the Southwest One Quarter, Government Lots 1 and 2 and;
All of Section 20, Except that portion thereof lying within the following:
A tract of land situated in the Northeast quarter of Section 20 and the Southeast quarter of the
Southeast quarter of Section 17, all in Township 6 North, Range 2 East, Boise Meridian,
Boise County, Idaho, said tract being described as follows:
Commencing at a steel pin set to mark the Southwest corner of said Section 17,
Thence along the Southerly line of said Section 17 South 89°10'42" East a distance
of 2624.35 feet to a found stone monumenting the South quarter corner of said
Section 17;
Thence continuing along the Southerly line of said Section 17 South 89°30'00" East a
distance of 1279.86 feet to a steel pin, said steel pin being the point of beginning;
Thence leaving the Southerly line of said Section 17 and following an existing fence
South 00°01'36" West a distance of 1397.07 feet to a steel pin on the Westerly right
of way of old Highway 55,
Thence following the Westerly right of way of old Highway 55 the following courses
and distances:
Thence North 00°00'00" East a distance of 152.83 feet along the arc of a non -tangent
circular curve to the right, said curve having a radius of 722.96 feet, a central angle of
12°06'43", a chord bearing of North 53°01'44" East and a chord distance of 152.54
feet to a steel pin,
Thence along the arc of a spiral curve to the right, said spiral having a long chord
bearing of North 63°56'27" East and a chord distance of 169.52 feet to a right -of way
monument;
Thence North 66°35'06" East a distance of 83.38 feet to a right-of-way monument;
Thence along the arc of a spiral curve to the left, said spiral having a long chord
bearing of North 64°29'08" East and a chord distance of 132.25 feet to a steel pin,
Thence North, 00°00'00" East a distance of 641.23 feet along the arc of a circular
curve to the left, said curve having a radius of 486.62 feet, a central angle of
75°30'00'', a chord bearing of North 22°05'06" East and a chord distance of 395.83
feet to a steel pin,
Thence along the arc of a spiral curve to the left, said spiral having a long chord
bearing of North 20°18'55" West and a chord distance of 132.23 feet to a right-of-
way monument,
Thence along the arc of a spiral curve to the right, said spiral having a long chord
bearing of North 19°45' 14" West and a chord distance of 169.62 feet to a steel pin,
Thence North 00°00'00" West a distance of 302.58 feet along the arc of a circular
curve to the right, said curve having a radius of 719.52 feet, a central angle of
24°05'40", a chord bearing of North 02°49'21" West and a chord distance of 300.35
feet to a point,
Thence North 00°00'00" East a distance of 295.09 feet along the arc of a circular
curve to the right, said curve having a radius of 719.52 feet, a central angle of
23°29'54", a chord bearing of North 20°58'26" East and a chord of 293.03 feet to a
steel pin,
Thence along the arc of a spiral curve to the right, said spiral having a long chord
bearing of North 37°36'26" East and a chord distance of 169.62 feet to a right of way
monument;
Thence North 40°16'06" East a distance of 220.75 feet to a steel pin.
CONSENT AND COVENANT AGREEMENT - 6
Thence along the arc of a spiral curve to the left, said spiral having a long chord
bearing of North 37°57'25" East and a chord distance of 130.27 feet to a steel pin,
Thence North 00°00'00" East a distance of 303.89 feet along the arc of a circular
curve to the left. said curve having a radius of 422.96 feet, a central angle of
41 ° 10'00", a chord bearing of North 12° 11'06" East and a chord distance 297.40 feet
to a steel pin,
Thence along the arc of a spiral curve to the left, said spiral having a long chord
bearing of North 13°35'13" West an a chord distance of 130.27 feet to a right-of-way
monument,
Thence North 15°53'54" West a distance of 2.38 feet to a right-of-way monument,
Thence along the arc of a spiral curve to the right, said spiral having a long chord
bearing of North 13° 15' 14" West and a chord distance of 169.50 feet to a steel pin,
Thence North 00°00'00" West a distance of 43.29 feet along the arc of a circular
curve to the right, said curve having a radius of 722.96 feet, a central angle of
03°25'52", a chord bearing of North 06°40'58" West and a chord distance of 43.29
feet to a point on the Northerly line of the Southeast quarter of the Southeast quarter
of said Section 17,
Thence leaving said Westerly right-of-way and following the Northerly line of the
Southeast quarter of the Southeast quarter of said Section 17 North 89°20'25" West a
distance of 981.45 feet to a steel pin monumenting the Northwest corner of said
Southeast One Quarter of the Southeast One Quarter,
Thence along the Easterly line of the said Southeast One Quarter of the Southeast
One Quarter South 00° 14' 18" West a distance of 1313.12 feet to a steel pin
monumenting the Southeast comer of the Southeast One Quarter of the Southeast One
Quarter,
Thence North 89°30'00" West a distance of 7.16 feet to a steel pin, said pin being the
point of beginning.
And Except the North One Half of the North One Half lying west of the above described
parcel
And Except that portion conveyed to the State of Idaho by the Deed recorded under
Instrument No. 126533.
In Section 28, the North One Half, the North One Half of the South One Half and the
Southeast One Quarter of the Southeast One Quarter, and;
All portions of Section 29, Except those portions conveyed to the State of Idaho by the
Deeds recorded under Instrument No's 116461 and 126533.
All portions of Section 30, Except that portion thereof conveyed to the State of Idaho by the
Deed recorded under Instrument No. 116461.
In Section 31, the East One Half, the East One Half of the Southwest One Quarter, the East
One Half of the Northwest One Quarter, and Government Lots 2, 3, and 4, Except that
portion conveyed to the State of Idaho by the Deed Recorded under Instrument No. 116461.
In Section 32, the North One Half, the Southwest One Quarter, the North One Half of the
Southeast One Quarter and the Southwest One Quarter of the Southeast One Quarter, and;
In Section 33, the West One Half of the West One Half, and the Southeast One Quarter of the
Southwest One Quarter, and;
CONSENT AND COVENANT AGREEMENT - 7
AND ALSO
A tract of land located in Township 5 North, Range 2 East, Boise Meridian, Boise County, Idaho
described as follows:
In Section 5, Government Lots 2, 3 and 4, the South One Half of the North One Half and the
South One Half, and;
In Section 6, all portions which lie within Boise County including but not limited to that
portion of abandoned highway right of way as evidenced by Instrument No. 134123, Except
those portions conveyed for road right-of-way by deeds recorded under Instrument Numbers
46769 and 116461.
In Section 7, all portions which lie within Boise County, and;
In Section 8, the North One Half of the Northwest One Quarter, the Southeast One Quarter of
the Northwest One Quarter, the South One Half of the Northeast One Quarter, the Northeast
One Quarter of the Northeast One Quarter, the East One Half of the Southeast One Quarter,
those portions of the Southwest One Quarter of the Southeast One Quarter and the Southwest
One Quarter lying in Boise County, and;
In Section 9, the North One Half of the Northwest One Quarter and the West One Half of the
Northeast One Quarter, and;
In Sections 17, those portions of the Northwest One Quarter of the Northeast One Quarter
which lie within Boise County, and;
Subject to all existing easements and rights -of -way, recorded or prescriptive.
CONSENT AND COVENANT AGREEMENT - 8