Water Service Agreement - 2021 - Water Supply Agreement Lakemoor Water Users Association - 1/7/2021Brad Pike
Mayor
August 1, 2025
Lakemoor Water Users
Attn: Dennis M. Baker
6149 N. Meeker Place,
Boise, ID 83713
Association Inc.
Ste. 110
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
208-939-6813
Melissa Gindlesperger
Craig Kvamme
Mary May
Helen Russell
RE: Notice of termination of Irrigation Water Supply Agreement dated 01/07/2021
Dear Dennis;
The City has completed the installation of the irrigation pump station at Pamela Baker Park and is
hereby providing notice of the termination of the above -mentioned agreement as required in Section 9
of said agreement (copy enclosed). The effective date of the termination shall be 30 days from the date
of this letter, however termination upon receipt is acceptable by the City should it also be acceptable to
Lakemoor Water Users Association. Please forward the final bill for water to the City of Eagle at your
earliest convenience.
Your generosity will forever be appreciated by the Eagle Community. From the premier developments,
to your personal contributions to the City, your conduct has always been genuine, kind and honorable.
It has been, and continues to be, a pleasure to work with you.
Wishing you the best!
Sincerely,
Tracy E. CYsborn, CMC
City Clerk
k:lclerks\letters120251terminiation of lakemoor irrigation agreement 08-01-2025.docx
IRRIGATION WATER SUPPLY AGREEMENT
This Irrigation Water Supply Agreement ("Agreement") is made this day of
, 2021 by and among C & 0 Development, Inc., an Idaho corporation
(hereinafter "Declarant"), Lakemoor Water Users Association, Inc., an Idaho non-profit
corporation (the "Association") and City of Eagle, a municipal corporation (the "City").
WHEREAS, the Association is the owner and operator of an irrigation water supply
system (the "System"), the purpose of which is to provide a supply of pressurized irrigation
water to the residents of the Lakemoor Subdivision located in Eagle, Idaho; and
WHEREAS, City is the owner of certain real property located in Ada County, Idaho more
particularly described in Exhibit A attached hereto (the "Premises") which Premises are located
adjacent to Lakemoor Subdivision and on which city is developing a city park; and
WHEREAS, the City desires to have pressurized irrigation water delivered to the
Premises for irrigation of the city park; and
Whereas, pursuant to the Master Declaration of Covenants, Conditions and Restrictions
for Lakemoor Subdivision, as the same has been and may be amended and supplemented from
time to time, Declarant has the right to extend the area to which irrigation water is to be supplied
by the Association to any other real property designated by Declarant; and
WHEREAS, the Declarant and the Association are willing to deliver pressurized
irrigation water to the Premises for irrigation of the city park subject to the provisions of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the Declarant, Association and the City hereby agree as follows:
1. Delivery of Irrigation Water. The Association shall deliver irrigation water to the
Premises through its System subject to the following conditions and limitations:
IRRIGATION WATER SUPPLY AGREEMENT - 1
A. The City shall timely cause and permit to be delivered to the System for
distribution to the Premises sufficient irrigation water appurtenant to the Premises as are required to
irrigate the Premises as contemplated hereunder. The Association shall have no obligation to
furnish irrigation water other than that made available to the Association for distribution to the
Premises pursuant to this paragraph and the water rights, if any, held by the City for the benefit
of the Premises.
B. The Association shall be responsible to deliver water to the Premises at a
location designated by the Association and it shall be the responsibility of the City to create,
construct, operate and maintain the water delivery and distribution system internal to the
Premises, including any pumping equipment which may be required to irrigate the Premises or
that portion of the Premises that the City desires to have irrigated, all at the City's sole expense.
C. The City shall be responsible for the containment of any drainage or
irrigation runoff from the Premises and shall not permit any unreasonable drainage or irrigation
water runoff to migrate onto or across any portion of Lakemoor Subdivision.
D. The City shall not use the irrigation water delivered to the Premises for
anything other than normal and ordinary landscape watering of the city park.
E. The use of the System and the right to receive irrigation water therefrom
shall be subject to such rules and regulations as may, from time to time, be adopted by the
Association; and the right to receive water therefrom is, in any event, subject to availability of
the water. Irrigation water may be provided to the Premises on a rotating basis and may not be
available to the Premises on a constant, unlimited basis. The Association may establish a water
rotation program and when necessary implement water rationing which may be applicable to
City.
F. In the event of water shortages or lack of capacity in the System to serve
all properties to which irrigation water is to be delivered by the Association, priority for the
IRRIGATION WATER SUPPLY AGREEMENT - 2
delivery of irrigation water shall be given to the building lots and common areas located in
Lakemoor Subdivision.
2. Fees and Assessments. The City shall pay to the Association the sum of ONE
THOUSAND TWELVE DOLLARS AND 62/100 ($1,012.62) for the delivery of irrigation
water during the remainder of the 2021 irrigation season. For each subsequent year that the
Association delivers irrigation water to the Premises, the City shall pay its proportionate share of
all costs and expenses incurred by the Association, including legal and other professional fees,
for the construction, improvement, protection, maintenance, repair, management and operation
of the System and an amount allocated to an adequate reserve fund to be used for repairs,
replacement, maintenance and improvement of those elements of the System must be replaced
and maintained on a regular basis (collectively referred to herein as the "Expenses"),. Until such
time as the Association shall re -calculate the City's proportionate share of annual Expenses as set
forth herein, the City shall pay to the Association that sum which is equal to $0.02 per square
feet of area in the Premises, which amount the parties agree generally reflects the City's
proportionate share of annual Expenses, said charge being consistent with the amount charged to
other non-residential users. The Association shall bill the City for irrigation water and City shall
pay the Association as follows:
A. On or before the first day of February in each year, the Association shall
deliver to the City a statement setting forth the amount City is required to pay for the current
year.
B. The City shall pay to the Association the amount billed by the Association
on or before the first day of the month of April of each year.
C. In the event that the Association shall determine that the amount of the fee
to be paid for the delivery of irrigation water as determined in accordance with this paragraph for
a given year is or will be inadequate to meet the Expenses of the Association for any reason,
IRRIGATION WATER SUPPLY AGREEMENT - 3
including without limitation, costs of construction, reconstruction, unexpected repairs or
replacement of the System, attorney's fees and/or litigation costs, or other professional fees, or
for any other reason, the Association shall determine the approximate amount necessary to
defray such additional Expenses and deliver to City a statement setting forth the City's
proportionate share of such additional Expenses. The Association shall, in its discretion,
determine the schedule under which additional amounts will be paid.
D. In the event payment is not received by the Association within ten (10)
days after its due date, without the requirement of the Association to make demand therefore, the
City shall pay to the Association a late fee equal to ten percent (10%) of such overdue amount;
and, in the event any payment is not received by the Association within thirty (30) days after its
due date, without the requirements of the Association to make demand therefore, City shall pay
to the Association interest at the rate of eighteen percent (18%) per annum calculated from the
due date to and including the date full payment is received by the Association.
3. Operation of System. The Association shall operate, maintain and otherwise
manage or provide for the operation, maintenance and management of the System in accordance
with the laws of the State of Idaho and all rules and regulations as may be promulgated from
time to time by the Association and any governmental agency having jurisdiction thereof. In the
event this Agreement, or any provision hereof, is determined to be invalid by a court of
competent jurisdiction, this Agreement may be terminated by either party, without liability to the
other, except that the City shall be obligated to pay any amounts due to the Association for the
delivery of irrigation water for any period of time up to the date of termination hereof.
4. Powers of Association. In addition to any other rights and powers set forth
herein, the Association shall have the following:
A. The power to temporarily shut the system down and cease the delivery of
irrigation water when reasonably necessary to effect repairs to and maintenance of the System. In
IRRIGATION WATER SUPPLY AGREEMENT - 4
such event, the Association shall diligently pursue completion of such repairs and maintenance
so as to cause as little inconvenience to the City as is reasonably possible.
B. The power, to be exercised by the Association or any person authorized by
it, to enter upon any portion of the Premises (but not inside any building constructed thereon) in
the event of any emergency involving potential danger to life or property or when necessary in
connection with any maintenance or construction for which the Association is responsible. Such
entry shall only be made if accompanied by an employee of the City's Public Works Department
or other designee of the City. Such entry shall be made with as little inconvenience to the City as
practicable and any damage caused thereby shall be repaired by the Association.
C. The power to transfer and convey the System (whether by sale, donation
or otherwise) to a municipal corporation, water district, public utility, or other similar entity on
terms and conditions as are acceptable to it, provided that such transfer and conveyance shall be
subject to the provisions of this Agreement, unless then or sooner terminated.
D. The power to adopt reasonable rules and regulations for the use and
operation of the System and the delivery and use of irrigation water therefrom.
E. The power to refuse to deliver irrigation water and to disconnect the
Premises from the System in the event the City has failed and refused to pay any amounts due
the Association hereunder or in the event the City has otherwise materially breached any other
term or condition of this Agreement; provided, however, that the Association shall have first
given the City ten (10) days advance written notice of its intention to so disconnect the Premises.
6. Disclaimer of Warranties. Neither Declarant nor the Association make any
warranties, expressed or implied, respecting the sufficiency, adequacy, usefulness or fitness of
the System for its intended use and delivery of irrigation water to the Premises. Neither the
Declarant nor the Association nor any of their respective directors, officers, members or agents
shall have any liability to the City, or any other party, for any damage, loss or prejudice suffered
IRRIGATION WATER SUPPLY AGREEMENT - 5
or claimed on account of any act, omission, error or negligence of the Declarant, Association, or
their respective board of directors, or any officer, committee or other representative, agent or
employee thereof, including but not limited to any such damage, loss or prejudice suffered for
any interruptions in water supply service.
7. Liability of City. The City shall be fully liable for any damage to the System
which may be sustained by reason of the negligence or willful misconduct of the City, or City's
tenants, contractors, agents, guests or invitees. Any costs incurred by the Association in
correcting any such damage shall be added to the amounts clue the Association hereunder and
may be collected in the same fashion as set forth herein.
8. Reservation of Right to Further Extend System. City hereby acknowledges that
both the Association and the Declarant reserve the right to extend the System for connection to
any additional lots which may be developed and annexed into the Lakemoor Subdivision
pursuant to the provisions of the Master Declaration of Covenants, Conditions and Restrictions
for Lakemoor Subdivision, as has been or may be amended and supplemented, and to any other
lands to which the Declarant or the Association determine is appropriate in the reasonable
exercise of their discretion.
9. Term: Termination. This Agreement shall be in effect until December 31, 2022;
provided, however, that this Agreement may be terminated (a) by the either the Association or
the City for any reason by delivering at least 30 days prior written notice thereof to the other; or
(b) by the Association upon the City's material breach of any provision of this Agreement, after
any required notice has been given to the City as set forth in Section 10, below. This Agreement
may be extended for successive periods of one (1) year each upon the mutual election of the City
and Association.
10. Default. The occurrence of any of the following shall constitute a material default
and breach of this agreement by City:
IRRIGATION WATER SUPPLY AGREEMENT - 6
A. Failure to pay to the Association any amounts due as and when specified
herein within ten (10) days after written notice is served upon the City, which notice shall
specify the sums then due; and
B. Failure of the City to timely observe or perform any of its other covenants,
agreements or obligations hereunder within thirty (30) days following written notice delivered to
City, which notice shall specify the matters then in default.
11. Remedies. In the event of a default by City, the Association shall have the right
to exercise one or more of the following remedies:
A. Bring an action at law against the City to collect any sums due as provided
herein;
B. Exercise any other remedy, at law or in equity, now or hereafter available
to the Association.
12. Successors. The City's rights, benefits, obligations and burdens under this
Agreement shall run with the Premises and shall be binding upon and shall inure to the benefit of
the parties to this Agreement and their respective successors, it being understood and agreed,
however, that neither this Agreement nor any rights granted hereunder may be assigned,
conveyed or in any fashion alienated separate from the Premises.
13. Notices. Although communication between the City and Association regarding
day to day matters may occur by e-mail or telephone, any notice authorized or required to be
given hereunder shall be sufficiently served or given for all purposes if delivered personally or
sent by United States certified mail, return receipt requested, addressed to the party in question
as follows:
Association: Lakemoor Water Users Association, Inc.
Attention: Dennis M. Baker
6149 N. Meeker Place, Suite 110
Boise, Idaho 83713
IRRIGATION WATER SUPPLY AGREEMENT - 7
City:
City of Eagle
Attention: Eagle City Clerk
660 E. Civic Lane
PO Box 1520
Eagle, Idaho 83616
All notices required or desired to be given under this Agreement shall be deemed given upon
hand delivery or upon deposit in the United States Mail, postage prepaid. Either party shall be
entitled to change the address for service of notice hereunder by serving upon the other party, in
the manner described above, a notice specifying the new address.
14. Attorney Fees. In the event a party to this Agreement brings any action or suit
against the other party to this Agreement by reason of any breach of any of the covenants,
agreements or provisions on the part of the other party arising out of this Agreement, then in that
event the prevailing party shall be entitled to have and recover from the other party all costs and
expenses of the action or suit, including costs and attorney's fees to be determined by the Court.
15. Entire Agreement. 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. This Agreement contains 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.
16. Amendment. This Agreement may not be amended, modified or changed in any
way, except by written document signed by each of the parties hereto.
17. Further Assurances. Declarant, Association and City shall be obligated to cooperate
with each other in the preparation, execution, delivery and recordation of any such further
instruments, if any, as are necessary or advisable to fully effect the intent of this Agreement,
including, without limitation, any consents, authorizations, instruments or other documents
requested or required by any irrigation district or other such authority.
IRRIGATION WATER SUPPLY AGREEMENT - 8
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date
set forth above.
C&O Development, Inc.
By:
Dennis 7vf Baker, President
Lakeinoor Water Users Association, Inc.
C-Th
By:
Dennis M. Bake , '?'e 'dent
City of Eagle
By:
aso Pierce, Mayor
Attt:
Tracy Osbo 4 i erk
IRRIGATION WATER SUPPLY AGREEMENT - 9
EXHIBIT A
Legal Description of Premises
(inserted behind this sheet)
IRRIGATION WATER SUPPLY AGREEMENT - 10
ADA COUNTY RECORDER Christopher D. Rich 2018.004829
BOISE IDAHO Pgs=35 BONNIE OBERBILLIG 01/17/2018 01:35 PM
BOISE CITY NO FEE
III 1 1 1111 II I I'I I I II I III I I I I I I'II'I 111 I I I I"I I I III
00453684201800048290350950
FOR RECORDING INFORMATION
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
THIS CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT is entered
into this day of J1/4, 1 i 2015', by and between the Dennis M. Baker Foundation,
Inc., an Idaho nonprofit corporation (hernafter referred to as "Foundation"), and the City of Boise
City, Idaho, a municipal corporation organized and existing under the laws of the State of Idaho
(hereinafter referred to as "City").
WHEREAS, on or about September 22, 1998, City and B.W. Inc., the predecessor in
interest to Foundation, entered into a Land Exchange Agreement (the "Agreement") whereby the
City and B.W. Inc. agreed to exchange approximately fifty (50) acres of their land for
approximately fifty (50) acres of the others, as more specifically set forth therein; and
WHEREAS, the Agreement included other covenants and agreements of the parties related
to the exchange, including without limitation, that certain use restrictions be placed on some of the
lands subject to the exchange and that certain parcels of land owned by each be transferred to the
City of Eagle and/or Meridian Joint School District No. 2 for use as a park and/or school site; and
WHEREAS, the land exchange contemplated by the Agreement was completed on or about
April 6, 2001, and a separate Use Restriction Agreement was on that date recorded in the office of
the Ada County Recorder as Instrument No. 101032281 (the "Use Restriction Agreement"); and
WHEREAS, as contemplated by the Agreement, B.W. Inc., or its successors and affiliates,
have developed a planned residential and commercial subdivision on the lands owned by B.W.
Inc. (or its affiliates) after completion of the exchange, hereinafter referred to as the "Lakemoor
Project"; and
WHEREAS, Foundation desires to develop a portion of the property acquired by B.W. Inc.
in the exchange for residential uses as a part of the Lakemoor Project, and City is willing to permit
such development on the terms and conditions hereinafter set forth; and
WHEREAS, the City and Foundation entered into an Amendment to Land Exchange
Agreement dated August 9, 2016 and recorded on April 26, 2017 as Instrument No. 2017-036591,
records of Ada County, Idaho (the "Amendment") amending the Land Exchange Agreement to:
a. Reduce the size of the previously proposed park and/or school site from 27.83 acres
to approximately 16.93 acres and release approximately 7.89 acres thereof from the provisions of
the Use Restriction Agreement;
b. Provide that the use of the previously proposed park and/or school site be modified
to permit use only for park purposes;
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 1
c. Provide that Foundation shall construct and install approximately 4,400 lineal feet
of public pathway and other related improvements; and
d. Provide for the transfer of a certain 6,22 acre parcel of land from City to the City
of Eagle for park purposes; and
WHEREAS, the City and Foundation desire to correct the legal descriptions and acreages
of the properties to be transferred to the City of Eagle for use as a park site by the Foundation and
released from the restriction against residential development.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the parties hereby agree that the Amendment to Land Exchange Agreement shall
be and is hereby terminated in its entirety and replaced with this Corrected Amendment to Land
Exchange Agreement which reads as follows:
1. City and Foundation acknowledge that the provisions of paragraphs 1 through 8
and 11 of the Agreement have been fully performed to their mutual satisfaction.
2. City and Foundation further acknowledge that the provisions of paragraphs 9 and
10 of the Agreement have been fully performed to their mutual satisfaction excepting the
requirement that City transfer a certain 6.22 acre parcel described therein (the "City Transfer
Parcel") to the City of Eagle and that B.W. Inc. transfer the 27.83 acre park and/or school site as
described therein to the City of Eagle as contemplated, which said obligation shall be fulfilled as
set forth herein below,
3. Paragraphs 9 and 10 of the Agreement shall be deleted from the Agreement and the
following substituted therefore:
"Subject to the provisions hereof, Foundation, as a part of the development
of the Lakemoor Project, shall set aside property for a park site to be owned by the
City of Eagle, located along the easterly boundary thereof consisting of
approximately 17.47 acres, as more particularly described in Exhibit I attached
hereto (the "Foundation Transfer Parcel"). The park site shall act as a
nonresidential buffer between the City's waste water treatment facility and any
expansion thereof, located easterly of the Lakemoor Project. Foundation and City
agree that approximately 8.53 acres of Foundation owned property more
particularly described in Exhibit 2 attached hereto (the "New Development Phase
Property") may be developed as a residential subdivision substantially in the form
depicted on the Site Plan attached hereto as Exhibit 3 (the "Site Plan"), free of any
contrary nonresidential use restrictions previously granted in favor of the City.
Within ten (10) days after receipt of a written request therefore from
Foundation, and provided (i) the City of Eagle has granted final approval for
Foundation's applications to amend the Lakemoor Project development agreement
and preliminary plat permitting the development of the New Development Phase
Property on terns and conditions acceptable to Foundation, and (ii) Foundation has
posted security with City to assure the construction of the improvements described
in Paragraphs 4 a. and b., below, in an amount and on such terms and conditions as
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 2
are reasonably agreed upon between the parties, which security may take the form
of cash, bond, letter of credit, escrow impound or any other device the parties may
agree upon, City shall execute and deliver to Foundation, in recordable form, a
Corrected Amendment to Use Restriction Agreement substantially in the form
attached hereto as Exhibit 4, releasing the New Development Phase Property from
the residential use restrictions in favor of the City.
Within thirty (30) days after receiving a written request therefore from the
City of Eagle, the 17.47 acre Foundation Transfer Parcel shall be donated to the
City of Eagle, deed restricted for use only as a park site; provided, however, that
Foundation and/or its affiliates, successors or assigns has prior thereto recorded a
final plat of the New Development Phase Property and completed construction of
the public pathway and other related improvements as more particularly set forth
below. Simultaneously with the donation of the Foundation Transfer Parcel, City
shall transfer the 6.22 acre City Transfer Parcel, as more particularly described in
Exhibit 5 attached hereto, to the City of Eagle without demanding any additional
consideration therefore, for incorporation into the said park site, and in so doing
may add whatever deed restriction it deems necessary to ensure that the City
Transfer Parcel remains as a buffer area for the City's waste water treatment facility
(resulting in a 23.69 acre City of Eagle park site/buffer area).
If Foundation does not receive final approval to develop the New
Development Phase Property for residential uses from all necessary governmental
agencies on terms and conditions acceptable to Foundation, unless the parties
hereto shall otherwise agree, the provisions of this Corrected Amendment to Land
Exchange Agreement shall be null and void and the Agreement shall remain in full
force and effect except to the extent previously performed. If the City of Eagle
shall fail to request the donation of the park site within six (6) months after it is
entitled to do so as set forth above, or should the City of Eagle refuse to accept
delivery of deeds for the Foundation Transfer Parcel and the City Transfer Parcel
tendered by Foundation and City therefore then (a) Foundation shall be relieved of
its obligation to donate the Foundation Transfer Parcel to the City of Eagle and (b)
City shall be relieved of its obligation to transfer the City Transfer Parcel to the
City of Eagle and the provisions of the Use Restriction Agreement as amended shall
remain in full force and effect."
4. In consideration for City's release of the use restrictions on the New Development
Phase Property as contemplated herein, Foundation shall construct and install the following
improvements:
a. Approximately 4,400 lineal feet of 10 foot wide asphalt public pathway
commencing at East Colchester Drive and extending across the Foundation Transfer Parcel, the
City Transfer Parcel and the City owned property easterly thereof, connecting the same to the
existing public pathway located on the said City owned property as generally depicted on the Site
Plan, which pathway shall be constructed prior to or in conjunction with the New Development
Phase Property infrastructure, subject to any delays in the construction thereof for reasons beyond
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 3
the control of Foundation and not resulting from any fault or neglect on the part of Foundation,
such as, for example, delays in the receipt of any required governmental permits or approvals;
b. A river trailhead asphalt parking lot consisting of forty five (45) vehicular parking
spaces with lighting as generally depicted on the Site Plan;
c. An asphalt public pathway connection from the intersection of Colchester Drive
and the Joplin Road extension (described below) to Chinden Boulevard substantially as depicted
on the Site Plan (and eliminating the Colchester Road connection to Chinden Boulevard as shown
on previous development plans); and
d. A public roadway connection from Colchester Drive to the City owned property
easterly of the New Development Phase Property with a one half plus 12 foot section of public
roadway extending southerly centered on the common boundary between the Foundation Property
and the City owned property for future connection to Joplin Road, together with a ten foot wide
asphalt public pathway adjacent thereto. substantially as depicted on the Site Plan.
Construction of all improvements shall be completed in a good and workmanlike manner, in
accordance with such specifications as are normally required by the City of Eagle and/or City, as
applicable, for such improvements, and shall be constructed contemporaneously with and as a part
of the construction of subdivision improvements in the New Development Phase Property. City
shall grant to Foundation temporary construction easements, in form and content reasonably
acceptable to Foundation, as are necessary to permit construction of the portion of the public
pathway on City owned property. Prior to construction, Foundation shall submit design plans and
specifications for all improvements to the City for review and approval.
5. The provisions of this Corrected Amendment to Land Exchange Agreement, and
the obligations of the parties hereunder are contingent upon Foundation receiving final approval
for development of the New Development Phase Property from the City of Eagle and all other
necessary government agencies, and receipt of all required permits therefore, on terms and
conditions acceptable to Foundation in its sole discretion. if any such approvals or permits are not
granted on terms and conditions acceptable to Foundation, upon written notice thereof from
Foundation to City, this Corrected Amendment to Land Exchange Agreement shall be void and
the provisions of the Agreement shall remain in full force and effect to the extent not previously
performed.
6. The covenants and agreements contained in this Corrected Amendment to Land
Exchange Agreement are intended to constitute covenants running with the land, the benefits and
burdens of which shall accrue to the City and Foundation as the owners of the affected lands and
their successors in interest.
7. This Corrected Amendment to Land Exchange Agreement shall and does hereby
void, terminate and replace the Amendment to Land Exchange Agreement. Except as amended
hereby, the provisions of the Agreement, to the extent not inconsistent with the provisions hereof
and not previously fully performed by the parties, shall remain in full force and effect.
WHEREFORE, this Corrected Amendment to Land Exchange Agreement has been
executed by the parties on the date first set forth above.
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 4
[END OF AGREEMENT]
Signature Pages Follow
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 5
CITY OF BOISE CITY
ATTESTED TO:
Boise City Clerk
STATE OF IDAHO )
. ss.
County of Ada J)
On this 1 day of •, 1Z 2004 before me, the undersigned Notary
Public in and for said State, pers.nally appeared ` avid H. Bieter, known or identified to me to be
the Mayor of the CITY OF BOISE CITY that executed the within instrument and acknowledged
to me that the CITY OF BOISE CITY executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
rDEBBIE WESTERVELT
NOTARY PUBLIC
STATE OF IDAHO
Notary Public for
Residing at
My commission expires
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 6
*.
• .4.1f I
DENNIS M. BAKER FOUNDATION, INC.
By
Dennis M. Baker, Its President
STATE OF IDAHO )
. ss.
County of Ada )
On this day of Ja Hwy)/ , 2017, before me, the undersigned Notary Public
in and for said State, personally appeared Dennis M. Baker, known or identified to me, to be the
President of Dennis M. Baker Foundation, Inc., an Idaho non-profit corporation, that executed the
within instrument on behalf of said Dennis M. Baker Foundation, Inc. and acknowledged to me
that such Foundation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for
Residing at:
My commission exp
es: >/
CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT, Page 7
EXHIBIT I
FOUNDATION TRANSFER PARCEL
(to be attached)
EXHIBIT 1 TO CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
J41'9 ENGINEERS, INC.
J'U•6 COMPANIES •il I UMOOON NA"., GROUP WC.
Dennis M. Baker Foundation
Park Subdivision
Boundary Description
Project Number 10-15-052 November 21, 2016
A parcel of land situated In the south half of Section 21, Township 4 North, Range 1 East, Boise Meridian,
City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of Section 21, Township 4 North, Range 1 East, Boise Meridian;
Thence 501'11'42"W, 2625.85 feet along the west line of the northwest quarter of Section 21 to the
west quarter -section corner of Section 21;
Thence 589'29'05"E, 2310.71 feet along the north line of the southwest quarter of Section 21 to the
POINT OF BEGINNING:
Thence continuing 589'29'05"E, 358.51 feet along the north line of the southwest quarter to the
center quarter -section corner of Section 21;
Thence continuing S89'29'05"E,152.02 feet along the north line of the southeast quarter;
Thence 500'04'09"E,1164.14 feet;
Thence S37°09'20"E, 328.81 feet;
Thence S27'00'09"W, 40.00 feet;
Thence 111.37 feet on a non -tangent curve to the left, concave south, having a radius of 160,00
feet, a central angle of 39'52'52", a chord bearing of N82'56'17"W, and a chord length of 109.13
feet;
Thence S77'07'17"W,185.19 feet;
Thence 54.71 feet on a curve to the left, having a radius of 197.50 feet, a central angle of
15'52'23", a chord bearing of 569'11'05"W, and a chord length of 54.54 feet;
Thence 26.98 feet on a compound curve to the left, having a radius of 50.00 feet, a central angle
of 30'55'11", a chord bearing of S45'47'18"W, and a chord length of 26.66 feet;
Thence 51.88 feet on a reverse curve to the right, having a radius of
80.00 feet, a central angle of 37'09'32", a chord bearing of
548°54'29"W, and a chord length of 50.98 feet, to the boundary of
Page 1 of 2
a 250 5. Beechwaod Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.iub corn
DAIMON
aI-U-6 COMPANIES E mCROdam u
J.U.ENGINEERS, INC.
Park Subdivision continued...
Lakemoor Subdivision No. 4 (Book 106 of Plats at Pages 14621 through 14630, records of Ada
County, Idaho);
Thence N39°57'19"W, 234.90 feet along the boundary of Lakemoor Subdivision No. 4;
Thence continuing N39'57'19"W, 92.52 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 120.76 feet on a curve to the left, having a radius of 528.00 feet, a central angle of
13'06'15", a chord bearing of N46'30'26"W, and a chord length of 120.50 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N53'03'34"W, 25.40 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 176.57 feet on a curve to the right, having a radius of 772.00 feet, a central angle of
13'06'17", a chord bearing of N46'30'25"W, and a chord length of 176.19 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N50'05'54"E, 77.08 feet along the boundary of Lakemoor Subdivision No. 4 to the corner
of Lots 74 & 75, Block 7 on the boundary of Lakemoor Subdivision No. 2 (Book 98 of Plats at
Pages 12581 through 12584, records of Ada County, Idaho);
Thence 581'42'56"E, 144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N47'00126"E, 144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N04'16'11"W, 144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N51°02'59"W, 101.02 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N39°57'19"W, 240.00 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N15'32'10"E, 97.08 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N11'31'38"E, 293.49 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N00°30'39"E, 195.46 feet along the boundary of Lakemoor Subdivision No. 2 to the
POINT OF BEGINNING.
The above -described parcel contains 17.47 acres, more or less.
Page 2 of 2
n 250 S. Beechwood Avenue, Suite 201, 8015e, ID 83709 v 208.376-7330 f 208.323-9336 w www.iub.com
569'29'05'e s89.29'05'e
359.51 152.02
Dennis M. Baker Foundation Park Subdivision
11/21/2016
Scale: 1 inch= 210 feet (File:
Tract 1:17.4743 Acres, Closure: nC0.0000e 0.00 ft (11999999), Perimeter-4551 ft.
01 s89.2905e 358.51
02 s89.29058152.02
03 500.0409e 1164.14
04 s37.0920e 328.81
05 527.0009w 40
06 L1. r=160.00, delta=039.5252, chord=n82.5617w 109.13
07 s77.0717w 185.19
08 Lt, r=197.50. delta=015.5223, chard=s69.1105w 54.54
09 Lt, ro50.00, delta=030.5511, chord=s45.4718w 26.66
10 Rt, r=80.00, delta:037.0932, chord=s48.5429w 50.98
11n39.5719w 234.9
12 n39.5719w 92.52
131.1, rc528.00, delta 013.0615. chord=n46.3026w 120.50
114 n53.0334w 25.4
15 Rt, r=772.00, delta=013.0617, chord=n46.3025w 176.19
16 n50.0554e 77.08
17 s81.4256e 144.52
18 n47.0026e 144.52
19 n04.1611w 144.52
20 n51.0259w 101.02
21 n39.5719w24D
22 n15.3210e 97.08
23 n11.3138e 293,49
24 n00.3039e 195.46
EXHIBIT 2
NEW DEVELOPMENT PHASE PROPERTY
(to be attached)
EXHIBIT 2 TO CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
J• J lJ•8 COtvIPAtV:S ,l
J•U•B ENGINEERS, INC.
Dennis M. Baker Foundation
River Quarry Parcel
Boundary Description
Project Number 10-15-052 November 18, 2016
The 13 wmrAr
LAMOnOM M°►MMe
GROUP IMC
A parcel of land situated In the south half of Section 21, Township 4 North, Range 1 East, Boise Meridian,
City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the south quarter -section corner of Section 21, Township 4 North, Range 1 East, Boise
Meridian;
Thence N01'06'09"E, 740.47 feet along the west line of the southeast quarter;
Thence, at a right angle, 588'53'51"E,139.13 feet to the boundary of the Foundation Parcel, the POINT
OF BEGINNING:
Thence N18'27'12"E, 104.60 feet along the boundary of the Foundation Parcel;
Thence 70.55 feet on a non -tangent curve to the right, concave northeast, having a radius of
89.00 feet, a central angle of 45'25'12", a chord bearing of N48'50'11"W, and a chord length of
68.72 feet, along the boundary of the Foundation Parcel;
Thence 33.96 feet on a reverse curve to the left, having a radius of 108.51 feet, a central angle
of 17'55'50", a chord bearing of N35'05'30"W, and a chord length of 33.82 feet, along the
boundary of the Foundation Parcel;
Thence 88.84 feet on a reverse curve to the right, having a radius of 289.01 feet, a central angle
of 17'36'42", a chord bearing of N35'15'04"W, and a chord length of 68.49 feet, along the
boundary of the Foundation Parcel to the southeast corner of the Foundation Transfer Parcel;
Thence 569'26'44"W, 8.40 feet along the boundary of the Foundation Transfer Parcel to the
boundary of Lakemoor Subdivision No. 4 (Book 106 of Plats at Pages 14621 through 14630,
records of Ada County, Idaho);
Thence N22'33'36"W, 34.35 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 99.58 feet on a curve to the left, having a radius of 328.00 feet, a central angle of
17°23'43", a chord bearing of N31'15'28"W, and a chord length of 99.20 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N39'57'19"W, 6.13 feet, along the boundary of Lakemoor
Subdivision No. 4;
Page 1 of 2
a 250 S. 8eechwood Avenue, Suite 201, Boise. ID 83709 p 208.376-7330 f 208.323.9336 sv www.jub.com
jUB
J•U•B ENGINEERS. INC.
River Quarry Parcel continued...
I U'a COMPANIES
iN[ OATIWAY
LANOOM YAPPING
GYC VOP i INC.
Thence 51.88 feet on a non -tangent curve to the left, concave northwest, having a radius of
80.00 feet, a central angle of 37'09'32", a chord bearing of N48'54'29"E, and a chord length of
50.98 feet;
Thence 26.98 feet on a reverse curve to the right, having a radius of 50.00 feet, a central angle
of 30'55'11", a chord bearing of N45'4719"E, and a chord length of 26.66 feet;
Thence 54.71 feet on a compound curve to the right, having a radius of 197.50 feet, a central
angle of 15'52'23", a chord bearing of N69'11'06"E, and a chord length of 54.54 feet;
Thence N77'07117"E, 185.19 feet;
Thence 111.37 feet on a curve to the right, having a radius of 160.00 feet, a central angle of
39'52'52", a chord bearing of 582'56'17"E, and a chord length of 109.13 feet;
Thence N27'00'O9"E, 40.00 feet to the boundary of the Foundation Parcel;
Thence 537'09'20"E, 627.03 feet along the boundary of the Foundation Parcel;
Thence 522'05'30"E, 393.94 feet along the boundary of the Foundation Parcel;
Thence N76'41'46"W, 229.29 feet along the boundary of the Foundation Parcel;
Thence N57.28'53"W, 235,86 feet along the boundary of the Foundation Parcel;
Thence N63'11'02"W, 87.65 feet along the boundary of the Foundation Parcel;
Thence continuing N63'11'02"W, 149.59 feet along the boundary of the Foundation Parcel;
Thence N59'04'52"W,107,32 feet along the boundary of the Foundation Parcel;
Thence N63'30'18"W, 56.95 feet along the boundary of the Foundation Parcel to the POINT OF
BEGINNING.
The above -described parcel contains 8,53 acres, more or less.
Page 2 of 2
a 250 S. Beechwood Avenue, Suite 201, Baise, ID 83709 p 208.376.733D i 208-323-9336 w wwwoub.com
[River Quarry Parcel
Scale: 1 inch= 121 feet File:
Tract 1: 8.5271 Acres (371439 Sq, Feel), Closure: n00.0000e 0.00 ft. (1/648113), Perimeter@2804 ft.
01 n18.2712e 104.8
02 RI, r-89.00, delta=0452512, chord=n48.5011w 68.72
03 Lt, r=108.51, delta=017.5550, chard=n35.0530w 33.82
04 Rt, ra289.01, delta=017.3642, chord=n35.1504w 88.49
05 569.2644w 8.4
06 n22.3336w 34.35
07 Lt, r=328.00, delta=017.2343, chord=n31.1528w 99.20
08 n39.5719w 6.13
09 Lt, r=80.00, delta=037.0932. chord=n48.5429e 50.98
10 Rt, r=50.00, delta=030.5511, chordrn45.4719e 26.66
11 Rt. r=197.50, delta=015.5223, chord=n69.1106e 54.54
12 n77.0717e 185.19
13 RI, r3.160.00, delta=039.5252, chord=s82.5617e 109.13
14 n27.0009e 40
11/18/2016
15 s37.0920e 627.03
16 s22.0530e 393.94
17 n76.4146w 22929
18 n572853w 235.86
19 n63.1102w 87.65
20 n63.1102w 149.59
21 n59.0452w 107.32
22 n63.3018w 56.95
EXHIBIT 3
SITE PLAN
(to be attached)
EXHIBIT 3 TO CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
EXHIBIT 4
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT
(to be attached)
EXHIBIT 4 TO CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
FOR RECORDING INFORMATION
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT
THIS CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT is made
and entered into this day of , 2017, by and between the Dennis M. Baker
Foundation, Inc., an Idaho non-profit corporation (hereinafter referred to as "Foundation"), and
the City of Boise City, Idaho, a municipal corporation organized and existing under the laws of
the State of Idaho (hereinafter referred to as "City").
WHEREAS, B.W. Inc., an Idaho corporation, as predecessor in interest to Foundation, and
City entered into a Land Exchange Agreement dated September 22, 1998, (the "Land Exchange
Agreement") and an associated Use Restriction Agreement dated April 5, 200I, recorded as
Instrument No. 101032281, records of Ada County, Idaho (the "Use Restriction Agreement"); and
WHEREAS, on or about August 9, 2016, the Foundation and City amended the Land
Exchange Agreement and the Use Restriction Agreement by executing both an Amendment to
Land Exchange Agreement, approved by Resolution No. 337-16 and recorded as Instrument No.
2017-036591 and an Amendment to Use Restriction Agreement, approved by Resolution No. 337-
l6, but unrecorded; and
WHEREAS, through the Amendment to Land Exchange Agreement described herein
above, Foundation and City agreed that the real property described therein as the New
Development Phase Property may be developed as a part of a residential subdivision free of any
contrary use restrictions in favor of the City as set forth in the Use Restriction Agreement; and
WHEREAS, due to minor changes in the layout and design of the proposed residential
subdivision to be developed on the subject property, the legal descriptions of the New
Development Phase Property and the Foundation Transfer Parcel as described in the Amendment
to Use Restriction Agreement have been revised; and
WHEREAS, the parties now desire to void and terminate the Amendment to Use
Restriction Agreement dated August 9, 2016 as hereinafter set forth to address the matters
described in the preceding recitals, and replace it with this Corrected Amendment to Use
Restriction Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereby agree that the Amendment to Use Restriction Agreement shall be and is hereby
terminated in its entirety and replaced with this Corrected Amendment to Use Restriction
Agreement which reads as follows:
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT, Page 1
1. Paragraphs 1 and 2 of the Use Restriction Agreement shall be and are hereby
amended in their entireties to read as follows:
"1. Subject to the provisions of this paragraph 1, Foundation shall, as a
part of the development of the real property described in Exhibit 1 (the "New
Development Phase Property") set aside the real property described in Exhibit 2
("Foundation Transfer Parcel") for a park site to be owned by the City of Eagle.
The Foundation Transfer Parcel shall act as a non-residential buffer for the City's
waste water treatment facility and any expansions thereof, located easterly thereof.
Within thirty (30) days after receiving a written request therefor from the City of
Eagle, the Foundation Transfer Parcel shall be donated to the City of Eagle, deed
restricted for use only as a park site; provided, however, that Foundation has prior
thereto recorded a final plat of the New Development Phase Property and
completed construction of the public pathway and other related improvements as
more particularly set forth in the above described Amendment to Land Exchange
Agreement. If the City of Eagle shall fail to request the donation of the Foundation
Transfer Parcel within six (6) months after it is entitled to do so as set forth above,
or should the City of Eagle refuse to accept delivery of a deed for the Foundation
Transfer Parcel tendered by Foundation, then Foundation shall not be required to
set aside property for a park site as herein provided, but shall nevertheless maintain
the Foundation Transfer Parcel as a non-residential buffer against the City's waste
water treatment facility and shall not propose or allow thereon any uses inconsistent
with the use of the property as a non-residential buffer area; provided, however,
that other non-residential uses may be proposed by Foundation and shall be
permitted by City on the said property.
2. Subject to the provisions of this paragraph 2, City shall set aside, as
an additional buffer arca to be incorporated into the park site or non-residential
buffer area described in paragraph 1, above, approximately 6.22 acres of its
property as more particularly described in Exhibit 3 attached hereto (the "City
Transfer Parcel"). Simultaneously with the donation of the Foundation Transfer
Parcel to the City of Eagle, City shall transfer the City Transfer Parcel to the City
of Eagle, without demanding additional consideration therefore, for incorporation
into the said park site and in so doing may add whatever deed restrictions it deems
necessary to insure that the property remains as a buffer area for the City's waste
water treatment facility. In the event the City of Eagle shall fail to request the
donation of the Foundation Transfer Parcel within six (6) months after it is entitled
to do so as set forth in the Amendment to Land Exchange Agreement, or should the
City of Eagle refuse to accept delivery of a deed for the Foundation Transfer Parcel
tendered by Foundation, then City shall retain ownership of the City Transfer Parcel
on which land City shall be restricted from the construction of any waste water
treatment facility or from any other use which is incompatible with its intended
character as a buffer from the City's waste water treatment facility from the
residential development located westerly thereof."
3. City and Foundation agree that the New Development Phase Property may be
developed as a part of a residential subdivision free of any contrary use restrictions in favor of the
City set forth in the Use Restriction Agreement and that the New Development Property is hereby
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT, Page 2
released therefrom, said use restrictions being of no further force or effect with respect to the
New Development Phase Property.
4. This Corrected Amendment to Use Restriction Agreement shall and does hereby
void, terminate and replace the Amendment to Use Restriction Agreement. Except as amended
hereby, the provisions of the Use Restriction Agreement, to the extent not inconsistent with the
provisions hereof and not previously fully performed by the parties, shall remain in full force and
effect.
above.
WHEREFORE, this Amendment has been executed by the parties on the date first set forth
[END OF AGREEMENT]
Signature Pages Follow
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT, Page 3
CITY OF BOISE CITY
By r k'1,1j7fr, r��1G
David H. Bieter, Mayer 1
ATTESTED TO:
Boise City Clerk
By
STATE OF IDAHO )
: ss.
County of Ada )
On this day of , 2017, before me, the undersigned Notary
Public in and for said State, personally appeared David H. Bieter, known or identified to me to be
the Mayor of the CITY OF BOISE CITY that executed the within instrument and acknowledged
to me that the CITY OF BOISE CITY executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT, Page 4
DENNIS M. BAKER FOUNDATION, INC.
By edx d[ -po
Dennis M. Baker, Its President
STATE OF IDAHO )
. ss.
County of Ada )
On this day of , 2017, before me, the undersigned Notary Public
in and for said State, personally appeared Dennis M. Baker, known or identified to me, to be the
President of Dennis M. Baker Foundation, Inc., an Idaho nonprofit corporation, that executed the
within instrument on behalf of said Dennis M. Baker Foundation, Inc. and acknowledged to me
that such Foundation executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
My commission expires:
CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT, Page 5
EXHIBIT 1
New Development Phase Property
(to be attached)
EXHIBIT 1 TO CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT
J•UB ENGINEERS, INC.
1-U-9 COMPANIES 1 ounouion I$C. a
Dennis M. Baker Foundation
River Quarry Parcel
Boundary Description
Project Number 10-15-052 November 18, 2016
A parcel of land situated In the south half of Section 21, Township 4 North, Range 1 East, Boise Meridian,
City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the south quarter -section corner of Section 21, Township 4 North, Range 1 East, Boise
M eridian;
Thence N01'06'09"E, 740.47 feet along the west line of the southeast quarter;
Thence, at a right angle, 588'53'51"E, 139.13 feet to the boundary of the Foundation Parcel, the POINT
OF BEGINNING:
Thence N18'2712"E, 104.60 feet along the boundary of the Foundation Parcel;
Thence 70.55 feet an a non -tangent curve to the right, concave northeast, having a radius of
89.00 feet, a central angle of 45'25'12", a chord bearing of N48'50'11"W, and a chord length of
68.72 feet, along the boundary of the Foundation Parcel;
Thence 33.96 feet on a reverse curve to the left, having a radius of 108.51 feet, a central angle
of 17'55'50", a chord bearing of N35°05'30"W, and a chord length of 33.82 feet, along the
boundary of the Foundation Parcel;
Thence 88.84 feet on a reverse curve to the right, having a radius of 289.01 feet, a central angle
of 17'36'42", a chord bearing of N35'15'04"W, and a chord length of 88.49 feet, along the
boundary of the Foundation Parcel to the southeast corner of the Foundation Transfer Parcel;
Thence 569'26'44"W, 8.40 feet along the boundary of the Foundation Transfer Parcel to the
boundary of Lakemoor Subdivision No. 4 (Book 106 of Plats at Pages 14621 through 14630,
records of Ada County, Idaho);
Thence N22'33'36"W, 34.35 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 99.58 feet on a curve to the left, having a radius of 328.00 feet, a central angle of
17°23'43", a chord bearing of N31'15'28"W, and a chord length of 99.20 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N39'57'19"W, 6.13 feet, along the boundary of Lakemoor
Subdivision No. 4;
Page 1 of 2
a 250 S. 8eechwood Avenue, Suite 201, Boise, 10 83709 p 208.376-7330 % 208-323-9336 w www.jub.com
1-U-o COMPANIES
.PU.0 ENGINEERS, INC.
River Quarry Parcel continued...
Thf OAttWAY
LANOOON MATTING
OCCYV , ING
Thence 51.88 feet on a non -tangent curve to the left, concave northwest, having a radius of
80.00 feet, a central angle of 37'09'32", a chord bearing of N48°54'29"E, and a chord length of
50.98 feet;
Thence 26.98 feet on a reverse curve to the right, having a radius of 50.00 feet, a central angle
of 30'55'11", a chord bearing of N45°4719"E, and a chord length of 26.66 feet;
Thence 54.71 feet on a compound curve to the right, having a radius of 197.50 feet, a central
angle of 15'52'23", a chord bearing of N69'11'06"E, and a chord length of 54.54 feet;
Thence N77'07'17"E,185.19 feet;
Thence 111.37 feet on a curve to the right, having a radius of 160.00 feet, a central angle of
39'52'52", a chord bearing of 582'56'17"E, and a chord length of 109.13 feet;
Thence N27'00'09"E, 40.00 feet to the boundary of the Foundation Parcel;
Thence 537'09'20"E, 627.03 feet along the boundary of the Foundation Parcel;
Thence S22'05'30"E, 393.94 feet along the boundary of the Foundation Parcel;
Thence N76'41'46"W, 229.29 feet along the boundary of the Foundation Parcel;
Thence N57'28'53"W, 235.86 feet along the boundary of the Foundation Parcel;
Thence N63'11'02"W, 87.65 feet along the boundary of the Foundation Parcel;
Thence continuing N63"11'02"W,149.59 feet along the boundary of the Foundation Parcel;
Thence N59'04'52"W,107.32 feet along the boundary of the Foundation Parcel;
Thence N63N30'18"W, 56.95 feet along the boundary of the Foundation Parcel to the POINT OF
BEGINNING.
The above -described parcel contains 8.53 acres, more or Tess.
Page 2 of 2
a 250 S. 8eechwood Avenue. Suite 201. Boise. ID 83709 n 208-376-7330 t 208-323.9336 w www.iub.com
River Quarry Parcel
kale: 1 inch=121 feet
File:
11/18/2016
tact 1: 8.5271 Acres (371439 Sq. Feet), Closure: n00.0000c 0.00 ft. (11648113), Perrreter+2804 iL
1 n182712e 104.6
2 Rt, r-89.00, dehe=0452512, chord=n48.5D11w 68.72
3 Lt, r=108.51, de11a=017.5550, Chotd=n35.0530w 33.82
1 Rt, r=289.01, delta=017.3642, chord=n35.1504w 86.49
i569.2644w84
3 n22.3336w 34.35
1 Lt, r=328.00. delta=0172343, chord=n31.1528w 99.20
3 n39.5719w 6.13
1 ll, r 80.00, delta=037.0932, chordsn48.5429e 50.98
1 Rt, 1=50.00, delta=030.5511, chord=n45.4719e 26.66
1 Rt, r=197.50, deha=015 5223, chard=n69.1106e 54.54
n77.0717e 185.19
Rt, r-160.00, delta=039.5252, chord=s82.5617e 109.13
1 n27.0009e 40
15 s37.0920e 627.03
16 s22.0530e 393.94
17 n76 4146w 229.29
18 n57.2853w 235,86
19 n63 1102w 87.65
20 n63.1102w 149.59
21 n59.0452w 107.32
22 n63.3018w 56.95
EXHIBIT 2
Foundation Transfer Parcel
(to be attached)
EXHIBIT 2 TO CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT
J•Lf.R ENGINEERS. INC.
J•U B COMPANIES1 nit AouP El w PrYi0
Dennis M. Baker Foundation
Park Subdivision
Boundary Description
Project Number 10-15-052 November 21, 2016
A parcel of land situated in the south half of Section 21, Township 4 North, Range 1 East, Boise Meridian,
City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest corner of Section 21, Township 4 North, Range 1 East, Boise Meridian;
Thence 501'11'42"W, 2625.85 feet along the west line of the northwest quarter of Section 21 to the
west quarter -section corner of Section 21;
Thence S89'29'051, 2310.71 feet along the north line of the southwest quarter of Section 21 to the
POINT OF BEGINNING:
Thence continuing S89'29'05"E, 358.51 feet along the north line of the southwest quarter to the
center quarter -section corner of Section 21;
Thence continuing S89°29'05"E,152.02 feet along the north line of the southeast quarter;
Thence 500'04'09"E,1164.14 feet;
Thence 537'09'20"E, 328.81 feet;
Thence 527'00'09"W, 40.00 feet;
Thence 111.37 feet on a non -tangent curve to the left, concave south, having a radius of 160.00
feet, a central angle of 39'52'52", a chord bearing of N82'56'17"W, and a chord length of 109.13
feet;
Thence S77'07'17"W,185.19 feet;
Thence 54.71 feet on a curve to the left, having a radius of 197.50 feet, a central angle of
15'52'23", a chord bearing of 569°11'05"W, and a chord length of 54.54 feet;
Thence 26.98 feet on a compound curve to the left, having a radius of 50.00 feet, a central angle
of 30'55'11", a chord bearing of 545'47'18"W, and a chord length of 26.66 feet;
Thence 51.88 feet on a reverse curve to the right, having a radius of
80.00 feet, a central angle of 37'09'32", a chord bearing of
548'54'29"W, and a chord length of 50.98 feet, to the boundary of
Page 1 of 2
a 250 S Beechwood Avenue, Suite 201, Boise, ID 83709 p 208.376.7330 f 208-323.9336 w www.jub com
1-U-B COm PANI ES
,I•U•B ENGINEER, INC.
Park Subdivision continued...
LAC in MAPPING ARIIAr
GANWOM YL/. J� IJIC.
QAOYP , Y1C.
Lakemoor Subdivision No. 4 (Book 106 of Plats at Pages 14621 through 14630, records of Ada
County, Idaho);
Thence N39'57'19"W, 234.90 feet along the boundary of Lakemoor Subdivision No. 4;
Thence continuing N39°57'19"W, 92.52 feet along the boundary of Lakemoor Subdivision No.4;
Thence 120.76 feet on a curve to the left, having a radius of 528.00 feet, a central angle of
13'06'15", a chord bearing of N46'30'26"W, and a chord length of 120.50 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N53'03'34"W, 25.40 feet along the boundary of Lakemoor Subdivision No. 4;
Thence 176.57 feet on a curve to the right, having a radius of 772.00 feet, a central angle of
13'06'17", a chord bearing of N46'30'25"W, and a chord length of 176.19 feet, along the
boundary of Lakemoor Subdivision No. 4;
Thence N50'05'54"E, 77.08 feet along the boundary of Lakemoor Subdivision No. 4 to the corner
of Lots 74 & 75, Block 7 on the boundary of Lakemoor Subdivision No. 2 (Book 98 of Plats at
Pages 12581 through 12584, records of Ada County, Idaho);
Thence 581°42'56"E, 144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N47'00'26"E, 144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N04'16111"W,144.52 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N51'02'59"W, 101.02 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N39'57'19"W, 240.00 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N15°32'10"E, 97.08 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N1111'38"E, 293.49 feet along the boundary of Lakemoor Subdivision No. 2;
Thence N00°30'39"E, 195.46 feet along the boundary of Lakemoor Subdivision No. 2 to the
POINT OF BEGINNING. +t
The above -described parcel contains 17.47 acres, more or less.
Page 2 of 2
a 250 S. Beechwood Avenue, Suite 201. Boise, ID 83709 p 208.376-7330 f 208.323-9336 w www.jub.com
Dennis M. Baker Foundation Park Subdivision
11 /21 /2016
Scale: 1 inch= 210 feet
File:
ract 1: 17.4743 A es. Closure n00.0000e 0,00 ft. (11959999). Petimeter.4561 tt.
1 s89.2905e 358.51
2 s89.2905e 152.02
1 s00.0409e 1164.14
! s37.0920e 328.81
5 s27.0009w 40
5 Li, r=160.00, delta=039.5252, chord=n82.5617w 109.13
7 s77.0717w 185.19
3 Lt. r=197.50, delta=015.5223, chord■s69.1105w 54.54
) Lt, r=50.00, delta=030.5511, chord=s45.4718w 26.66
) R1, r 80.00, deha=037.0932, Chord=s48.5429w 50 98
I n39.5719w 234.9
? n39.5719w 92.52
1 Lt. r=528.00, delta=013.0615, chord=n46.3026w 120-50
n53.0334w 25.4
15 RI, r=772.00, delta=013.0617, chord=n46,3025w 176.19
16 n50 0554e 77.08
17 s81.4256e 144.52
18 n47.0026e 144.52
19 n04.1611w 144.52
20 n51.0259w 101.02
21 n39.5719w 240
22 n15.3210e 97.08
23n11.3138e29349
24 n00.3039e 195 46
EXHIBIT 3
City Transfer Parcel
(to be attached)
EXHIBIT 3 TO CORRECTED AMENDMENT TO USE RESTRICTION AGREEMENT
HUBBLE ENGINEERING, INC.
95:0 Bethel Court s Boise, Idaho 83709 206/3218992 • Fax 208/378-032S
PROJECT NO. 97109
BOISE CITY 6..22 ACRE PARCEL
FALL CREEK PROPERTY
JULY 11,1997
A PARCEL OF LAND LYING WITHIN THE NOR T HVYEST 1/4 OF SECTION 21, TOWNSHIP 4
NORTH, RANGE 1 EAST, BM, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21;
'THENCES 01' 11'40' W, ALONG THE.WEST BOUNDARY OF SAID SECTION, A DISTANCE
OF 2626.04 FEET TO THE WEST 1/4 CORNER OF SAID SECTION;
THENCE S 89'29'20" E, ALONG THE SOUTH BOUNDARY OF SAID NORTHWEST 1/4, A
DISTANCE OF 2266.37 FEET TO THE REAL POINT OF BEGINNING;
THENCE N 19'59'23" E. A DISTANCE OF 862.91 FEET;
THENCE S 84'39'30" E. A DISTANCE OF 140.61 FEET;
THENCE 5 02'32'40' W, A DISTANCE OF 126.90 FEET;
THENCE S 10'49'25 E, A DISTANCE OF 673.06 FEET;
THENCE N 89'29'20' W, A DISTANCE OF 556.50 FEET TO THE REAL POINT OF
BEGINNING; CONTAINING 6.22 ACRES OF LAND, MORE OR LESS.
PREPARED BY:
RUBBLE ENGINEERING, INC.
TRW/BW1771.DES TODD R. WAITE. P.L.S.
EXHIBIT 5
CITY TRANSFER PARCEL
(to be attached)
EXHIBIT 5 TO CORRECTED AMENDMENT TO LAND EXCHANGE AGREEMENT
HUBBLE ENGINEERING, INC.
95°0 Bethel Court ■ Boise, Idaho 83709 20813224992 r Fax 208/3780329
PROJECT NO, 97109
BOISE CITY 8.22 ACRE PARCEL
FALL CREEK PROPERTY
JULY 11,1997
A PARCEL OF LAND LYING WITHIN THE NORTHWEST 1/4 OF SECTION21, TOWNSHIP4
NORTH, RANGE 1 EAST, BM, ADA COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21;
THENCE.807' 11'40' W, ALONG THE.WES i aOUNDARY OF SAID SECTION, A DISTANCE
OF 26213.04 FEET TO THE WEST 1/4 CORNER OF SAID SECTION;
THENCE S 89'2920" E, ALONG THE SOUTH BOUNDARY OF SAID NORTHWEST 1/4, A
DISTANCE OF 2266.37 FEET TO THE REAL POINT OF BEGINNING;
THENCE N 19'59'33" E, A DISTANCE OF 862.91 FEET:
THENCE S 84'39'30' E. A OISTANCE OF 140,81 FEET;
THENCE S 02'32'40" W, A DISTANCE OF 135.90 FEET;
THENCE S 10'49'25" E, A DISTANCE OF 678.06 FEET;
THENCE N 89'29'20" W, A DISTANCE OF 556.50 FEET TO THE REAL POINT OF
BEGINNING; CONTAINING 6.22 ACRES OF LAND, MORE OR LESS.
PREPARED BY:
HUBBLE ENGINEERING, INC.
TRW7BH11771,DES TOAD R. WAITE. P.L.S.