Development Agreement - 2021 - Treasure Valley Chevron - 6/29/2021 ADA COUNTY RECORDER Phil McGrane 2021-101503
BOISE IDAHO Pgs=16 HEATHER LUTHER 07/02/2021 04:49 PM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
560 E. Civic Lane
P.G. Box 1520
Eagle,Idaho 83616
For Recording Purposes I)o
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement,made and entered into on the date as indicated herein,by and
between the CITY OF EAGLE,a municipal corporation in the State of Idaho("City"),by and through its
Mayor,and TREASURE VALLEY CHEVRON, INC.("Owner").
RECITALS
WHEREAS, the Owner is the owner of certain real estate identified as Ada County parcel Nos.
S0404110200, ("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.-1 -20;and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation);and
WHEREAS, the Owner desires a C-1-DA(Neighborhood Business District with a development
agreement)zoning classification to develop a commercial use on the above described property, which is
herein referred to as the"Property";and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any commercial Irroject upon the Property must be limited with the use of a
development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner'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
WHEREAS,the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a C-1-DA (Neighborhood Business District
with a development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement;and.
WHEREAS, the Development Agreement is being utilized in lieu of a CUP (Conditional Use
Permit)for the convenience store with fuel service use;and
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Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement,made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE,a municipal corporation in the State of Idaho("City"), by and through its
Mayor,and TREASURE VALLEY CHEVRON, INC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of certain real estate identified as Ada County parcel Nos.
S0404 1 1 0200, ("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-13-20;and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation);and
WHEREAS, the Owner desires a C-1-DA (Neighborhood Business District with a development
agreement) zoning classification to develop a commercial use on the above described property, which is
herein referred to as the"Property";and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any commercial project upon the Property must be limited with the use of a
development agreement to prevent undue damage to, and to otherwise be in harmony with. the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner'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
WHEREAS,the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a C-1-DA(Neighborhood Business District
with a development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement;and
WHEREAS, the Development Agreement is being utilized in lieu of a CUP (Conditional Use
Permit)for the convenience store with fuel service use;and
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WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same;and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference;
AGREEMENT
In consideration of the mutual covenants contained herein,the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-651 IA and Eagle City Code,Title 8,Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the C-1-DA (Neighborhood Business District with a development
agreement), 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 III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided with this Agreement.
3.2 City hereby acknowledges that the Conceptual Site Plan(Exhibit C)represents Owner's concept for
the Property. Phase 1 of the development of the Property includes the development of the
convenience store with fuel service and the required roads and improvements as shown on Exhibit
C. Any future development of the Property shall be generally consistent with the Conceptual Site
Plan; provided, however, it is the intent of this Agreement to allow flexibility until such time a
detailed Concept Plan ("Concept Plan"), and preliminary plat are submitted to City so long as the
general intent of the Conceptual Site Plan and the conditions and limitations set forth in this
Agreement are met. Owner shall submit the Concept Plan outlining future phases of the
development as a modification to the development agreement prior to or concurrent with future
development of the site or submittal of a preliminary plat application, whichever occurs first. The
Concept Plan shall provide more detail, including but not limited to, location of roads within the
development, lot layout, lot dimensional standards, location and size of any common areas and
buffer areas. The City shall hold necessary public hearings pursuant to Eagle City Code notice
requirements to address the Concept Plan and any changes thereafter proposed to said plan.
3.3 Owner shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to submittal of the first building permit or signature of a final plat by the City
Clerk,whichever occurs first.
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3.4 The Property shall consist of an entirely non-residential development. The land uses to be utilized
on the Property shall be compatible to the Village/Community Center planning area emphasizing
trip capture and minimizing high traffic generating uses. The Village/Community Center area
specifically seeks to provide retail commercial, hospitality, and civic uses; a research and
development/educational campus and/or corporate park area designed to provide sufficient space
for corporate headquarters in a park-like setting near ancillary commercial uses located in the
village center.
3.4.1.The Property shall be developed in compliance with Eagle City Code and the Eagle
Comprehensive Plan, as adopted at the time this Development Agreement is recorded, except
as otherwise provided herein.
3.4.2 The total square footage of retail and commercial on the site shall be limited to 30,000 square
feet.
3.4.3 No single retail tenant on the Property shall exceed 20,000 square feet in building footprint
area.
3.4.4 All lighting on the Property shall be in conformance with Eagle City Code Section 8-4-4-2.
3.4.5 All signage shall be in conformance with Eagle City Code Section 8-2A-8.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the C-1 (Neighborhood
Business District) land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations", existing at the time a design review application or conditional use permit
application(whichever the case may be) is made for individual building use.
All uses shown as"P" permitted under the C-1 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the C-1 zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Convenience Store with Fuel Service
• Automotive Washing Facility
• Bank/financial institution(with drive-up service)
• Drugstore
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Adult Business
• Animal Shows or Sales
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
• Drive In Theater
• Golf Course
• Hospital
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• Horticulture(general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home(Single Unit)
• Residential Mobile Home(Single Unit temporary living quarters)
• Riding Academies,Stable
• Small Engine repair
3.6 The setbacks shall be as follows(as measured from the perimeter of the site):
Front(north property line) l 5-feet
Rear(south property line) 0-feet
Side(east property line) 0-feet
Street Side(west property line) 10-feet
Side(interior) 0-feet
Maximum coverage 50%
Maximum building height 35-feet(any exceptions to the maximum height requires
a conditional use permit)
3.7 The area identified on the Conceptual Site Plan (Exhibit C) showing the Convenience Store with
Fuel Service is subject to the following minimum conditions:
3.7.1 The Convenience Store with fuel service shall be located in the northwest corner of the
Property. The total size of the parcel containing the convenience store with fuel service shall
not exceed thirty percent(30%)of the gross area of the Property(10.01 acres).
3.7.2 The convenience store and fuel station canopy shall be oriented as shown in the Concept
Plan. The convenience store and fuel station canopy design will incorporate the "Prairie
School" architectural style and shall be architecturally compatible with the commercial
buildings located within the development and other development in the vicinity. The fuel
canopy design and color shall complement the design and earth tone colors of the
convenience store. The proposed architecture is subject to change at the discretion of the
Design Review Board and/or City Council. Owner shall submit a design review application
for the proposed building (as required by Eagle City Code) and shall comply with all
conditions required by the Design Review prior to issuance of a zoning certificate.
3.8 The Convenience Store with Fuel Service shall be constructed utilizing a "Prairie School"style of
architecture, as shown on Exhibit D. Owner acknowledges that the proposed architecture is subject
to change at the discretion of the Design Review Board and/or City Council. Any future non-
residential buildings shall be constructed utilizing "Prairie School" style architecture as identified
within the Eagle Architecture and Site Design Book. As individual buildings go through the design
review process, Owner shall demonstrate the complementary relationship, in terms of building
height and style, to adjacent existing or proposed buildings within the development in order to
produce a compatible and desirable development.
3.9 Owner shall provide a property use and common area maintenance agreement "Agreement"
containing conditions, covenants and restrictions for the Property which shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, parking lots and amenities. The repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
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Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be
described in and subject to a reciprocal easement allowing for common use by all property
owners within the development. The Agreement shall provide that a designated property
owner or group(i.e. business owner's association)shall have the duty to maintain and operate
all the landscaped areas in a competent and attractive manner, including watering, mowing,
fertilizing and caring for shrubs and trees in accordance with Eagle City Code, in perpetuity.
(c) A maintenance manual for the drive aisles requiring the association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including
the repair and replacement of asphalt and sidewalks.
The Owner shall provide a copy of the Agreement (which include a similar statement regarding
common areas) for review and approval by the City Attorney prior to the issuance of a zoning
permit.
3.10 Owner shall provide a minimum three foot(3') high landscaped berm along State Highway 16 and
West Beacon Light Road to provide a buffer between the parking areas, proposed buildings and the
respective roadways. The landscape plan and required berms should be reviewed and approved by
the Design Review Board and City Council prior to issuance of a zoning certificate associated with
the first building permit.
3.11 Owner shall submit a design review application with each portion or phase of the Property that is
being developed showing at a minimum the following as applicable: 1) proposed development
signage, 2) planting details within the proposed and required landscape buffers 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 any irrigation pump house(if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, bike
racks, and/or similar amenities, 7) design of ponds (if any) to be constructed in reference to
mosquito abatement. The design review application shall be reviewed and approved by the Eagle
Design Review Board prior to commencing construction of the applicable structure(s).
3.12 Building placement shall be designed such that parking areas are not concentrated between the
buildings and roadways of a collector status or higher. The side of any buildings facing these roads
shall be provided with architectural design elements and architectural relief in keeping with the
proposed "Prairie School" architectural style contained in Exhibit D, attached hereto and
incorporated herein by reference. The building placement and parking area locations, for each phase
or proposed improvement thereafter, shall be reviewed and approved by the Design Review Board
and City Council prior to issuance of a zoning certificate.
3.13 Owner acknowledges that the Property is currently located within the City of Eagle's Municipal
Water Service Area. Owner desires to serve the site with potable water from a temporary potable
water well until such time that a City municipal water service line is located within proximity to the
Property. The Owner shall be permitted to construct a temporary potable water well to serve the
Convenience Store with Fuel Service until such time that a City of Eagle municipal water service
line is located within 300-feet of the Property. At that time, Owner shall be required to connect into
the City's municipal water system within 90-days of the municipal water system line being
available. Owner shall be required to abandon the temporary potable water well upon connection to
the City's municipal water service line. Owner shall be required to pay the required Storage and
Trunk Line (STL) fees associated with the Convenience Store with Fuel Service prior to the
issuance of a building permit. Based on the Owner acknowledging the Property is located within
the City of Eagle Municipal Water Service Area and the City allowing Owner to construct a
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temporary potable water well (until such time a City municipal water service line is available)
Owner shall not file a water right protest or seek to intervene regarding any current or future City
water right application filed with the Idaho Department of Water Resources.
3.14 Owner acknowledges that the Property is currently not annexed to the Eagle Sewer District an
annexation shall be required prior to submittal of the first building permit. The Owner shall be
allowed to connect the Convenience Store with fuel service to a temporary septic system until such
time central sewer is available to the Property. Owner shall provide proof of adequate sewer service
to the proposed convenience store with fuel service prior to issuance of a building permit. Upon
availability of central sewer, Owner shall have 90-days to connect to the Eagle Sewer District's
central sewer system and abandon the temporary septic system. No additional uses shall be located
on the Property until such time central sewer service is available to the Property.
3.15 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not
limited to, dedication of right-of-way, access approaches on Beacon Light Road, curb, gutter, and
sidewalk.
3.16 Owner shall place 4'x8' sign(s) containing information regarding the proposed development. The
sign(s) shall be located along each roadway that is adjacent to the Property. The sign(s) shall be
located on the Property outside of the public right-of-way and remain clearly visible from the
roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
A-R (Agricultural-Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R(Agricultural-Residential)zoning designation.
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ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party)and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its 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 bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
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City: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: Treasure Valley Chevron,Inc.
Attn: JR Warila
P.O. Box 140363
Garden City,Idaho 83714
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City,City may draw on the deposit to pay its invoice. If the fmancial assurance deposited
by Owner is in the form of a letter of credit,and if the Owner fails to make payment for such fees when
actually incurred by City and invoiced,then following thirty (30)days of written notice of such failure
from City,City may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance(whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of
all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit,as applicable. City's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in
Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
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F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately,at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective Date.This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 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.
8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this Al day off itf9e ,2021.
CITY OF EAGLE,a municipal corporation organized
and existing under the laws of the State of Idaho
••••a�uu••p•By:
.% `',"OF Eq . 1..,�
ic fierce,Mayor
,� 1 ••••.....••• y
A EST: Q O R i .��
G••41-
0 in;
•* .� �•� *
;
racy E. O rn,City Clerk ; 11. SEAL •
'• sl,•:ra�p�An��AN�O
TREASU A LEY CHEVRON, INC.
By:
Wallace arila, President
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STATE OF IDAHO )
: ss.
County of Ada )
On this I day of AWM, ,2021, before the undersigned notary public in and for
the said state, personally appeared WALLACE WARILA, known or identified to me to be the President
of TREASURE VALLEY CHEVRON, INC.,the owner of the property referenced herein and the persons
who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written. OAVAAV
Notary Public for dah
""",•., Residing at: (10 mite)
,, �N••H�9 jS' My CommissioVA
xpires: 1.1A. 214
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INDEX OF EXHIBITS
A - Legal Description
B - Affidavit of Owner
C - Conceptual Site Plan
D - Building Elevations
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RECEIVED&FILED
CITY OF EAGLE
611 OCT 28 202C
ENGINEERING 9233 WEST STATE STREET I BOISE,ID 83714 208.639.E _(1RKg30
°We to
September 23,2020
Project No.20-074
Exhibit A
Legal Description for
Annexation and Rezone to C-1
A parcel of land situated in a portion of Government Lot 1 of Section 4,Township 4 North, Range 1
West, B.M.,Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the Northeast corner of said Section 4, which bears
S89°22'28"E a distance of 2,632.32 feet from a found brass cap marking the North 1/4 corner of said
Section 4;
Thence following the northerly line of said Government Lot 1, N89°44'10"W a distance of 561.80 feet to
ttio POINT OF BEGINNING.
Thence leaving said northerly line,S00°55'33"W a distance of 676.01 feet to a found 5/8-inch rebar;
Thence N89'44'11"W a distance of 744.06 feet to the westerly line of said Government Lot 1;
Thence following said westerly line, N00°55'55"E a distance of 676.01 feet to the northwest corner of
said Government Lot 1;
Thence leaving said westerly line and following the northerly line of said Government Lot 1, 589'44'10"E
a distance of 743.99 feet to the POINT OF BEGINNING.
Said parcel contains 11.546 acres, more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
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ENGINEERS I SURVEYORS ( PLANNERS
EXHIBIT"B"
Affidavit of WALLACE WARILA on behalf of Treasure Valley Chevron. Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
WALLACE WARILA,who being first duly sworn under oath,deposes and says:
1. I am WALLACE WARILA, who is the President of Treasure Valley Chevron, Inc., whose
mailing address is P.O. Box 140363, Garden City, ID, 83714 ("Treasure Valley
Chevron").
2. Treasure Valley Chevron is the fee simple owner of the parcel of real property described on
Exhibit A,(the'Property").
3. Treasure Valley Chevron authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-651 IA and Eagle
City Code Section 8-10-1 dated the 1(i) day of slN�� , 2021, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Wallace Warila, Treasure
Valley Chevron,Inc.(the"Agreement").
DATED this it day of JI1V(, ,2021
By: Treasure Valley Chevron,Inc
By:
Wallace Warila,President
SUBSCRIBED AND SWORN to before me this It day of 31,AhC , 2021.
.„,_
.• g'CEN 1•I Notary Public o Idaho
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Residing at - � LO��'V� ,Idaho
v IyOTARY A; My Commission expires I. Zi_
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CITY OF EAGLE
OCT 2 8 2020
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PROPOSED BEACON LIGHT& HIGHWAY 16 CHEVRON
A PORTION OF GOVERNMENT LOT 1,SECTION
3,TOWNSHIP 4 NORTH,RANGE 1 WEST,BOISE
MERIDIAN,ADA COUNTY,IDAHO
OCTOBER 2020
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RECEIVED& FILED
CITY OF EAGLE
OCT 2 8 2020
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