Mou/Moa - 2021 - Avimor Consent To Expansion Of CID - 5/25/2021 CONSENT TO EXPANSION OF
COMMUNITY INFRASTRUCTURE DISTRICT
This CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT
("Consent") is made as of the 4( day of May, 2021 by the City of Eagle, an Idaho municipal
corporation("City"), in favor and for the benefit of 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").
RECITALS
A. On January 22, 2015, Owner submitted a petition to form the Avimor Community
Infrastructure District No. 1 (Ada County, Idaho) (the "District") pursuant to the Community
Infrastructure District Act, Idaho Code §§ 50-3101 et seq. (the "Act").
B. On February 25, 2015, the Board of Ada County Commissioners approved the
formation of the District and that certain real property generally depicted on Exhibit A, attached
hereto and incorporated herein, as the "District Area"was included in the District.
C. In connection with the formation of the District, City and Owner entered into that
certain Covenant Agreement dated March 10, 2015 (the"Covenant Agreement").
D. The Covenant Agreement requires Owner to receive written consent from City prior
to adding additional land into the District that is within City's comprehensive plan area.
E. The Act, specifically I.C. § 50-3101(3), requires City's consent for Owner to form
a new Community Infrastructure District (as defined by the Act), within City's comprehensive
plan area.
F. On July 23, 2020, pursuant to the Act, City executed that certain Consent and
Covenant Agreement in favor of Owner (the "Consent and Covenant Agreement") thereby
giving City's consent to Owner to form a new community infrastructure district over the property
in Village Two (as defined in the Consent and Covenant Agreement).
G. Owner desires to add additional land into the District within City's comprehensive
plan area, and City desires to give its written consent to allow Owner to add additional area into
the District within City's comprehensive plan area pursuant to the Act and subject to the terms and
conditions in this Consent.
CONSENT
NOW, THEREFORE, in consideration of the recitals above, which are incorporated into
this Consent by this reference, City hereby gives its written consent as follows:
CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT- 1
1. Consent. City hereby grants its consent, pursuant to the Covenant Agreement, to
and for Owner to annex that certain real property legally described on Exhibit B, attached hereto
and incorporated herein, (the "Additional Area") into the District. The Additional Property is
within the City's comprehensive plan area and is generally depicted on Exhibit A as the
"Additional Property". The consent granted by City to Owner in this Consent does not relieve
Owner of Owner's legal obligations under the Act for the expansion of the District, as provided in
I.C. § 50-3106.
2. Effect of Consent; Successors; Severability.This Consent shall become valid and
binding upon its execution by the Mayor and City Clerk. This Consent shall be binding upon the
parties and their respective heirs, successors, and assigns. Any term or provision of this Consent
found invalid or unenforceable by a court of competent jurisdiction shall not affect the validity or
enforceability of the remaining terms and provisions.
[end of text; signature page follow]
CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT-2
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1N WITNESS WHEREOF, the City has executed this Consent as of the Iy of May, 2021.
CITY: CITY OF EAGLE,
an Idaho municipal corporation
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Jaso Pierce, Mayor
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CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT-3
EXHIBIT A
General Depiction of District and Additional Area
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CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT-4
EXHIBIT B
Legal Description of the Additional Area
A parcel of land located in the Sections 31 and 32 T.6N., R.2E., B.M., Boise County,
Idaho; and Sections 5, 6, 7 and 8 T.5N., R.2E., B.M., Boise County, Idaho; and Sections 6 and
7, T.5N., R.2E., B.M., Ada County, Idaho; and Sections 1 and 12, T.5N., R.1E., B.M., Ada
County, Idaho; more particularly described as follows:
BEGINNING at the SW corner said Section 31;
thence along the West boundary line of said Section 31 North 00°19'15" East, 2,637.64
feet to the W1/4 corner of said Section 31;
thence leaving said West boundary line South 71°12'10"East, 4,220.29 feet to the NW
corner of the SE 1/4 of the SE 1/4 of said Section 31;
thence along the North boundary line of the SE1/4 of the SE1/4 of said Section 31 and
the North boundary line of the SW1/4 of the SW1/4 of said Section 32 South 89°25'05" East,
2,600.10 feet;
thence leaving said North boundary line South 00°12'17"West, 6,465.93 feet;
thence South 41°33'42" East, 312.21 feet;
thence South 23°02'10"West, 157.59 feet;
thence South 70°05'33"West, 163.00 feet;
thence South 01°18'24"West, 946.79 feet to a point on the South boundary line of the
NW1/4 of said Section 8;
thence along said South boundary line North 89°26'24"West, 1,241.18 feet to the N1/16
corner of said Section 8;
thence along the West boundary line of said Section 8 South 00°19'21"West,495.70
feet to a point on the Ada County\Boise County Line;
thence along said Ada County\Boise County Line North 44°03'40"West, 2,581.01 feet to
a point on the North boundary line of said Section 7;
thence leaving said Ada County\Boise County Line and along said North boundary line
North 89°15'43"West, 803.95 feet to the N1/4 corner of said Section 7;
Page 1 of 2
CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT- 5
thence along the North-South centerline of said Section 7 South 00°19'53"West, 597.84
feet;
thence leaving said centerline North 89°40'05"West, 2,428.03 feet;
thence North 49°40'33"West, 4,956.41 feet to a point on the East-West centerline of
said Section 1;
thence along said East-West centerline South 87°33'04"West, 1841.00 feet to the W1/4
corner of said Section 1;
thence along the West boundary line of said Section 1 North 01°18'00" East, 2,682.90
feet to the NW corner of said Section 1;
thence along the North boundary line of said Section 1 South 89°51'09" East, 2,635.38
feet to the N1/4 corner of said Section 1;
thence continuing along said North boundary line South 89°51'24" East, 2,638.52 feet
to the POINT OF BEGINNING. Containing 1,597.53 acres, more or less.
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Page 2 of 2
CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT- 6
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IDAHO EXHIBIT _- DRAWING FOR 20 467
SURVEY 405}5Y EMERALD 704 AVIMOR CID EXPANSION AREA r NO.
(208)5 ilMHO 83704 I
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CONSENT TO EXPANSION OF COMMUNITY INFRASTRUCTURE DISTRICT- 7