Development Agreement - 2008 - Anglers Hamlet - 12/11/2008Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DA .VARRO AMOUNT .00 Z3
BOISE IDAHO 12130108 11.31 AM
DEPUTY Pall Thompson
RECORDED - REQUEST OF 10$13733
Eagle CIN
COPY
DEVELOPMENT AGREEMENT
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For Recording Purposes Do
Not Write Above This Line
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 "), by and
through its Mayor, Roylance Investments, LLC, and Five R Properties, LLC. ( "Applicant ").
WHEREAS, the Applicant is the owner of record of certain real estate located at 4171 W.
Old Valley Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit "A ") which is the subject of an application for Rezone identified as Rezone
Application No. RZ- 13 -06; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT (Rural Urban Transition -Ada County designation); and
WHEREAS, the Applicant desires a MU -DA (Mixed Use with a development agreement)
zoning designation to develop a forty -two (42) lot residential subdivision as generally shown on
the Concept PIan attached hereto as Exhibit "B" ( "Concept Plan "); and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing an MU -DA zoning designation for the Property must be limited with a
development agreement to prevent undue damage to, and to otherwise be in harmony with the
Comprehensive Plan, the existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a MU -DA (Mixed Use
with development agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10 -
l(C)(1); and
WHEREAS, Exhibits A, B, C, Dl -D5, and E, are attached hereto and are incorporated
herein by reference; and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE 1
LEGAL AUTHORITY
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a MU -DA (Mixed Use with development agreement)
zoning designation, after recordation of, and subject to the provisions of this Development
Agreement. The ordinance will become effective after its passage, approval, and publication
and the execution and recordation of this Development Agreement.
ARTICLE H
CONDITIONS OF DEVELOPMENT
2.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding 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.
2.2 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9- 4 -1 -6, a minimum ten foot (10') wide asphalt public pathway along the portion of
the Property adjacent to the North Channel of the Boise River. The specific location and
design of the pathway shall be submitted to the City of Eagle Park and Pathway Development
Committee for review and a recommendation prior to submittal of a design review
application. The asphalt pathway shall be located in a recorded easement or easements
dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E) (2).
The instrument number of the recorded easement or easements shall be referenced on the face
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of the plat for Angler's Hamlet Subdivision, upon recordation of the final plat wherein the
pathway is located.
2.3 The density for the property shall not exceed 3.70 dwelling units per acre.
2.4 No more than seven (7) dwellings within the subdivision shall have a second story and shall
be noted on the final plat which lots are designated as such.
2.5 Applicant shall provide a site plan showing all areas that are to be maintained by the
homeowners' association. No certificate of occupancy for a dwelling shall be issued prior to
the installation of the landscaping on the lot where the dwelling is located.
2.6 The setbacks shall be as follows:
Front 15 (residence)
20 feet (to garage) (measured from the back
of sidewalk)
Rear 3 feet
Side 5 feet
Additional Setback for
Multi -Story structures
Side (street)
Old Valley Road (street)
Side adjacent to pathway
Existing dwellings
Front
Rear
Side
Side (Street)
Side adjacent to pathway
2.5 feet
10 feet
5 feet
10 feet from edge of pathway - No two story
structures
20 feet
15 feet
3.5 feet*
20 feet
15 feet from edge of pathway
*Should the existing dwellings be removed and replaced the side setback
shall be 5 feet with an additional 2.5 feet for multi -story structures.
Maximum lot coverage 60%
2.7 The applicant shall provide an Environmental Impact Assessment to the City with an analysis
of the proposed developments impact to the immediate area. The Environmental Impact
Assessment shall be provided prior to submitting an application for final plat.
2.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries and
approving the final construction plans prior to submittal of a final plat application.
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2.9 The conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) 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.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providing water to the
system including the funding mechanism for the repair and replacement of the pump.
(c) Home owners and the home owner's association shall have cross - access within the
common areas and easements adjacent to the common areas to allow for maintenance of
homes adjacent to the common areas.
(d) Upon development of the property to the east of Angler's Hamlet Subdivision, North
Angler's Cove Place will serve as the primary street for access.
2.10 Applicant 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. The applicant shall provide documentation of an approved 404- Permit for work
within any wetlands on site prior to the submitting an application for final plat approval.
2.11 Applicant agrees all development and improvement of the Property shall comply with all
rules and regulations pertaining to regulated wetlands.
2.12 The single - family dwellings shall be constructed in substantial conformance to "Tuscany"
style architecture as shown in Exhibits "D1- D5 ".
To assure compliance with this condition, the applicant shall create an architectural control
conunittee (ACC) as a component of the development's CCR &S. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC &R's, and shall
be reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not substantially conform
to the design requirements as shown on the Exhibits "01 -D5"
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2.13 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed and required landscape island
and all common areas throughout the development, 3) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 4) landscape screening
details of the irrigation pump house (if proposed), 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities,
6) 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 submitting an application for final plat.
2.14 Applicant shall provide pedestrian and bicycle public access with a pathway from North
Anglers Cove Place to the greenbelt pathway. The location of the pathway shall be
submitted to the City of Eagle Park and Pathway Development Committee for review and a
recommendation prior to submittal of a design review application.
2.15 Upon approval by the owner the applicant shall install landscape screening at 4210 W. Old
Valley Road to mitigate the effects of car lights, noise, etc. created from vehicles gaining
ingress /egress from the subdivision per the agreement between Dave Roylance and Marion
and Mary Moore, date stamped by the City on October 19, 2006, Exhibit "C ". The
landscape screening shall be installed prior to building permits being issued for dwellings
within the subdivision.
2.16 Provide open space amenities along the wetland area and Boise River as generally shown
on Exhibit "E" prior to the City Clerk signing the final plat.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67 -6511 A and
Eagle City Code Section 8 -10 -1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event Applicants or any successors fail to comply with the commitments set forth
herein within 30 days of written notice of such failure from Eagle, Eagle shall have the right,
without prejudice, to specific performance or any other rights or remedies available under
Idaho Law, including but not limited to the right to demand Applicants cure such default or
enjoin such violation and otherwise enforce the requirements contained in this Agreement or
to terminate this Agreement by the process established in Eagle City Code Section 8 -10 -1;
provided, however, any termination shall only affect the lots or parcels owned by the
Applicant(s) or their successors in default and shall not affect other portions of the Property.
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4.2 If an action is commenced in court to enforce any provision of this Agreement, the prevailing
party shall be entitled to recover all direct out -of- pocket costs incurred, including costs to
cure or enjoin such default and to enforce the commitments contained in this Agreement,
attorneys' fees, and court costs.
4.3 If any term, provision, commitment, or restriction of this Agreement or the application
thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable and not
voluntarily adhered to by Applicants and their successors notwithstanding any such invalidity
or unenforceability, the remainder of this instrument shall terminate and the zoning of the
property shall revert to the A -R (Agricultural Residential) zoning designation, unless the
portion of this instrument determined to be invalid or unenforceable is re- negotiated in good
faith between Applicants (or other appropriate party) and Eagle as an amendment to this
Agreement processed in accordance with the notice and hearing provisions of Idaho Code §
67 -6509 and Eagle City Code Section 8 -10 -1.
ARTICLE V
UNENFORCEABLE PROVISIONS
Subject to terms of Section 4.3 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 Applicants (or other appropriate party) and Eagle.
ARTICLE VI
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. 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 Applicant 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 thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
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ARTICLE VII
GENERAL MATTERS
7.1 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.
7.2 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.
7.3 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.
7.4 Legal Representation. Both the Applicant 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.
7.5 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: Five R Properties, LLC
701 E. State Street, #150
Eagle, ID 83616
Roylance Investments, LLC
P.O. Box 2574
Eagle, Idaho 83616
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
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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.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7 -years after the Effective Date, whichever occurs first.
7.8 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this P day of e(, - -, 2008•
CITY OF EAGLE, a municipal corporation
orp_anized and existing under the laws of the State of
By:_
Phil
ATTEST: o4;; LE
4 STO
'0
baron K ergmann, City Clerk '— a v 4 Qv 4
aaa�a �
STP ance Investments,
Manager
- - - -- ------------ - - - - --
By: Five e R,-F
ert W. Nahas, Manager
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STATE OF IDAHO }
ss.
County of Ada}
l -1
On this day of r4bW' 2008, before the undersigned notary public in and for
the said state, personally appeared PHIL BANDY, 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.
"StI0181+a,,,,
t►'t BEM ee y,'••,
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46v8 ate
OF 1D�:;.•�•
Notary Public for Idaho
Residing at:
My Commission Expires:
On this I CT "day of 2008, before the undersigned notary public in and for
the said state, personally appeared DAVID H. ROYLANCE, known or identified to me to be the
Manager of Roylance Investments, LLC, that executed the within and foregoing instrument, or
the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
�. Notary Frublic for Idaho
`�. Residing at:
d►D� ► My Commission Expires: rn -ec) -
U 4 "C
-F,6 or VO
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C
STATE OF IDAHO }
ss.
County of Ada)
On this f lI-), day of z.LL ,n 2008, before the undersigned notary public in and for
the said state, personally appeared ROBERT W. NAHAS, known or identified to me to be the
Manager of Five R Properties, LLC, that executed the within and foregoing instrument, or the
person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Idaho
Residing at: C 4 +
V #001- My Commission Expires:
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INDEX OF EXHIBITS
Exhibit
A - Legal Description of Property
B -- Concept Plan
C - ingress/Egress Screening Agreement
D1 - D5 -- Single- Family Dwelling Architectural Elevations
E m- Concept Plan (Detailing amenity areas)
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RECEIVED & FILED
CITY OF EAGLE
.IAN 1 12007
EXHIBIT A File:
Route to:
LEGAL DESCRIPTION OF PROPERTY — —
PARCEL A
PART OF THE SOUTHEAST SOUTHWEST OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, B01SE MERIDIAN, IN ADA COUNTY IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN; THENCE
NORTH 00 027'14" EAST 277.99 FEET TO AN IRON PIN, WHICH IS THE REAL POINT OF
BEGINNING; THENCE
NORTH 64 020'43" WEST, 305.50 FEET ALONG THE NORTHERLY BANK OF THE BOISE
RIVER TO AN IRON PIN; THENCE
NORTH 88 052'46" WEST, 106.52 FEET ALONG THE RIVER BANK TO AN IRON PIN; THENCE
NORTH 14 013'53" WEST, 380.88 FEET TO AN IRON PIN ON THE SOUTHERLY BOUNDARY
LINE OF OLD VALLEY ROAD; THENCE
NORTH 64 026'26" EAST. 375.19 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF OLD
VALLEY ROAD TO AN IRON PIN; THENCE
SOUTH 43 013'46" EAST, 206.05 FEET ALONG THE SOUTHWESTERLY SIDE OF A 20 FOOT
WIDE ACCESS EASEMENT TO AN IRON PIN; THENCE
SOUTH 00 °27'14" WEST, 515.30 FEET TO THE REAL POINT OF BEGINNING.
PARCEL B
PART OF THE SOUTHEAST SOUTHWEST OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE i WEST, BOISE MERIDIAN, IN ADA COUNTY IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN; THENCE
NORTH 00 027'14" EAST, 277.99 FEET TO AN IRON PIN; THENCE
NORTH 64 020'43" WEST, 305.50 FEET ALONG THE NORTHERLY BANK OF THE BOISE
RIVER TO AN IRON PIN; THENCE
NORTH 88 052'46" WEST, 106.52 FEET ALONG THE RIVER BANK, TO AN IRON PIN WHICH
IS THE REAL POINT OF BEGINNING; THENCE
NORTH 88 052'46" WEST, 145,08 FEET ALONG THE RIVER BANK, TO AN IRON PIN; THENCE
SOUTH 54 04514" WEST, 223.70 FEET ALONG THE RIVER BANK, TO AN IRON PIN; THENCE
SOUTH 23 °51'14" WEST, 233.20 FEET ALONG THE RIVER BANK, TO AN IRON PIN; THENCE
NORTH 89 °23'46" WEST, 132.10 FEET, LEAVING THE RIVER BANK, TO AN IRON PIN;
THENCE NORTH 01001'30" EAST, 546.15 FEET TO AN IRON PIN ON THE SOUTHERLY
BOUNDARY LINE OF OLD SETTLERS ROAD; THENCE
NORTH 82 °12'25" EAST, 4.98 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF OLD
VALLEY ROAD, TO AN IRON PIN; THENCE 21.41 FEET ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 995.00 FEET, CENTRAL ANGLE OF 01'-13'59 ", TANGENTS OF 10.71
FEET, AND A CHORD BEARING NORTH 81035'53" EAST, 21.4.1 FEET, TO AN OLD VALLEY
ROAD RIGHT -OF -WAY BRASS CAP; THENCE 2B7 11 FEET ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 995.00 FEET, CENTRAL ANGLE OF 16 031'59 ", TANGENTS OF 144.56
FEET, AND A CHORD BEARING OF NORTH 72 042'26" EAST, 286.12 FEET TO A PT CURVE
POINT, WHICH LIES SOUTH 64 °26'26" WEST, 10 00 FEET ALONG THE SAID SOUTHERLY
BOUNDARY LINE FROM AN IRON PIN WITNESS CORNER; THENCE
NORTH 64 026'26" EAST. 167.86 FEET ALONG SAID SOUTHERLY BOUNDARY LINE, TO AN
EXHIBIT A
IRON PIN: THI =NCE
SOUTH 14 °13'53" EAST, 380.88 FEET TO THE REAL FONT OF 5EGINN.NG.
PARCEL C
TOGETHER WITH A NON - EXCLUSIVE EASEMENT FOR ROAD RIGHT -OF -WAY, BEING
A STRIP 25 FEET IN W'DTH LYING SOUTHERLv AND WESTERLY OF, AND ADJACENT
TO THE FOLLOWING DESCRIBED LINE.
PART OF THE SOUTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 4 NORTH. RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO,
MORE PART CULARLY DESCR;BED AS FOLLOWS:
FROM STATION 463 +21 OF STATE HIGHWAY AS SHOWN ON THE OFFICIAL PLAT OF ` HE
LINDER CORNER (S.A.F. 142 -B) HIGHWAY SURVEY ON FILE IN THE OFFICE OF
DEPARTMENT OF HIGHWAY OF THE STA "'E OF IDAHO, WHICH POINT IS RECORDED
UNDER RECORDER'S FEE NO. 146121, IN DEED BOOK 197, AT PAGE 299, IN THE
RECORDS OF ADA COUNTY, IDAHO, AS BEING 2640 FEET EAST AND 1095 FEET NORTH
OF THE SECTION CORNER COMMON TO SECTIONS 11, 12,13 AND 14, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE
SOUTH 63 °07' WEST, -.74.0 FEET TO A POINT; THENCE
SOUTH 26 °55' EAST, 40.0 FEET TO AN IRON PIN WHICH IS THE REAL PLACE OF
BEGINNING: THENCE
SOUTH 44 °12' EAST, 207.8 FEETTO AN IRON PIN: THENCE
SOUTH 0 °31' EAST 515.3 FEET70 AN .RON PIN; THENCE
NORTH 65 °19' WEST, 305.5 FEET TO AN IRON PIN, THENCE
NORTH 89 °51' WEST, 251.6 FEET TO AN IRON PIN; THENCE
SOUTH 53 °47' WEST, 223.7 FEET TO AN IRON PIN; THENCE
SOUTH 22`43' WEST, 233.2 FEET TO AN IRON PIN; THENCE
SOUTH 89 °38' WEST, 132.1 FEET TO AN IRON PIN; THENCE
NORTH 0 °07' EAST, 544.0 FEET TO AN IRON PIN, BEING THE NORTHERLY TERMINUS OF
THIS EASEMENT LINE.
APN: S- 0412 -34 -7200 - Parcel A
APN: S- 0412 -34 -7190 - Parcel B
Commonly known as: 4171 W. Old Valley Road, Eagle, ID 83616
EXHIBIT A
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October 18, 2006
Mr. and Mrs. Marion Moore
4210 Old Valley Road
Eagle, ID 83616
Dear Marion and Mary,
RECEM � & LEiF& p
CITY OF EAGLE
OCT 19 2006
File:
Route to:
We have had several conversations about the impacts of my development project on your
home. The headlights exiting my project may shine into your house, creating a nuisance.
I have agreed to hire Seth McKenzie, your grandson to install select evergreen trees with
small mound and two small rocks to your liking and to install these trees on your
property in a location that would minimize the impacts. He would also extend your
existing irrigation system to provide water to the trees.
After obtaining prices, Seth estimated the work to be $800.00 to $1,000.00 which
includes all labor and all incidentals.
I agree to fund this effort sometime after my project is approved and as I complete the
construction on the project. I agree to complete this work to your satisfaction prior to
applying for the first building permit in the project. I realize that inflation may raise the
price a little if the work is done in a year or two when the project is constructed and I
agree to absorb that price increase, if any.
Since Seth is your grandson, I doubt there will be any issue as to the quality of the work
and you can direct him yourself to assure you get what you envision.
If you discover that the shrubbery is still not adequate, I agree to install a shade or blind
to further mitigate the impacts.
Please, just be fair with me on this shade issue if the shrubbery is really not sufficient.
You don't have to support my project, but I trust with me providing these mitigation
e$orts you can at least tolerate the project.
If you think this letter captures the verbal understanding we have reached, it can serve as
a binding agreement between us. If so, please sign below and I will sign as well and
deliver to Mike Williams at the City and this agreement can become a condition of
approval for the project.
Your neighbor,
Dave Roylance
Marion and Mary
October 18, 2006
Date: c7
C'
X Date: e6
Marion ore
Agreed
X Date: /006
Mary Moore
Agreed
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