Development Agreement - 2007 - Lonesome Dove - 8/29/2007Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O, Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 09/13/07 09:05 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIVIIIIII III I
RECORDED -REQUEST OF
Eagle CIW 107128273
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
("Eagle"), by and through its Mayor, and Lonesome Dove, LLC, an Idaho limited
liability company ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate consisting
of approximately forty two (42) acres located north of the Boise River, south of State
Highway 44, at 1505 Riverside Drive, Eagle, Idaho, ("Property"), as specifically defined
in the attached legal description (Exhibit A), which is the subject of an application for a
rezone, identified as Eagle Rezone Application No. RZ-19-05; and
WHEREAS, the proposed development includes properties within an area
currently designated on the Land Use Map of the Comprehensive Plan as Mixed Use and
Floodway; and
WHEREAS. the proposed development includes properties within an area
currently zoned "Rural Urban Transitional" ("RUT"), an Ada County zoning designation;
and
WHEREAS, the Applicant desires an MU -DA (Mixed Use with a development
agreement) zoning designation to develop the Property into a mixed use project
containing commercial, retail, residential, and open space as generally shown on the
Concept Plan attached hereto as Exhibit B ("Concept Plan"); and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle
has determined that the scope of any Mixed Use 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
Applicant's use and enjoyment of the Property while at the same time limiting any
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adverse impacts of the development upon neighboring properties and the existing
community and ensuring the Property should be developed in a manner consistent with
Eagle's Comprehensive Plan and City Code; and
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 City Council has determined that, in accordance with Eagle City
Code Section 8-2-1, this development agreement will be used in -lieu of the PUD and
conditional use process; 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 8-10-1(C)(1); and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated
herein by reference; and
WHEREFORE, 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 I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions
of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE H
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
Property that is the subject of the application to the Mixed Use District ("MU -DA"), 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 OF DEVELOPMENT
3.1 Applicant will develop the Property subject to the conditions and limitations set forth
in this Development Agreement. Further, Applicant will submit such applications
regarding floodplain development permit review, design review, preliminary and
final plat reviews, and/or any conditional use permits, if applicable, and any other
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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.
3.2 The Concept Plan represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. If the City determines that any such changes
require additional public comment due to potential impacts on surrounding property
or the community, a public hearing shall be held on any proposed changes in the
Concept Plan, notice shall be provided as may be required by the City.
However, the residential portion of this development proposal is recognized by Eagle
and Applicant as a desired component to a mixed use development. A residential
component of similar size and area to that depicted in the Concept Plan with the
provisions and allowances contained herein, shall be maintained.
3.3 The total number of residential units on the Property shall not exceed 226 -units in the
aggregate. Development of the residential portion of the Property will be permitted
through the Design Review process and future conditional use permits for the
residential development will not be required with the exception of height exceptions.
3.4 The Setbacks shall be as follows:
The lot numbers enumerated below are provided in reference to the lots identified
on the concept plan.
• Single Family Residential:
Tots 1-24
Front 10 feet (south side)
Rear 15 feet (to garage) (measured from the back
of sidewalk)
Interior Side 5 feet
Additional Setback for
Multi -Story structures 2.5 feet
Street Side 10 feet
Lots 25-101
Front (Exhibits E & G) 10 feet (measured from back of sidewalk)
for covered porches or less than 50% of
building mass (A Lots -As shown on Exhibit
G)
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15 feet (measured from back of sidewalk)
for building mass (B Lots -As shown on
Exhibit G)
Rear 12 feet (to garage) (measured from back of
sidewalk or edge of alley)
Interior Side (up to two-story)5 feet
Street Side 10 feet
• Multi -family Condominiums:
Front 15 feet
Rear 10 feet
Interior Side 7.5 feet (2 -story) / 12.5 feet (3 -story)
Street Side 15 feet
• Mixed Use /Office/ Retail Commercial Buildings
Front
Rear
Interior Side
Street Side
• Maximum Coverage: 60%
7.5 feet (allows canopies, awnings, etc. to
encroach)
10 feet
7.5 feet (2 -story) / 12.5 feet (3 -story)
7.5 feet (allows canopies, awnings, etc. to
encroach)
All single family residential structures shall require Architectural Control Committee
(ACC) approval prior to the issuance of any building permits to assure that the homes
are designed to be compatible and consistent with the "Craftsman/Americana" theme
of the development.
3.5 The Mixed Use area of the Property as depicted on the concept plan is to be
developed with a combination of any office and commercial uses allowed within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the
MU zoning designation (except as limited in Section 3.6, below). The commercial
core buildings shall be constructed not to exceed an 11,000 square foot footprint area
as shown on Exhibit "J". Single tenant retail and restaurant uses shall not exceed
7,500 square feet in total area (including any area above the first floor).
3.6 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
Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official
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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 MU 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 MU zoning
designation shall require a conditional use permit, except that the residential portions
of the Property described in Section 3.3 shall not require a conditional use permit.
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:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living
Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive washing facility;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies/Stables;
■ Small Engine Repair;
■ Storage (fenced area);
3.7 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, parking lots, and amenities.
(b) A requirement insuring compliance with the Design Guidelines approved with
this Agreement.
(c) A requirement for all fencing within the development to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -
type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl,
chainlink) shall be prohibited.
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(d) A requirement for the placement of street trees adjacent to the street by the
owner on Lots 1-24 as shown on Exhibits D & C prior to the issuance of a
Certificate of Occupancy for the dwelling.
3.7.1 The applicant shall place a note on the final plat that all common areas are to
be owned and maintained by the Owners Association(s) for the development. The
applicant shall provide a copy of the CC&Rs (which include a similar statement
regarding the common areas) for review and approval by the City attorney prior to
the approval of the first final plat. The CC&Rs shall 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.
3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed
planning and platting while still maintaining the general intent of the Conceptual
Plan with the requirements set forth in this Development Agreement. Specific
design elements shall be clarified during the platting and design review application
processes. However, the streetscape as shown on the concept plan (the central
design theme (Exhibit H), center landscape islands, street trees, pool, poolhouse,
and, children's play areas (3)) (Exhibit F) shall be required design elements as part
of the final design for the site. The overall open space for the site shall remain a
minimum of 50%. For the purpose of this Agreement, open space shall be defined
as all areas other than buildings, parking lots, roadways, and individual, fee -simple
residential building envelopes.
3.9 The applicant's property shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building permits, Applicant shall provide proof of central sewer
service to the proposed residential and commercial uses. A letter of approval shall
be provided to the City from the Idaho Department of Health and Welfare,
Department of Environmental Quality, and/or Central District Health, prior to
issuance of any building permits.
3.10 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. Applicant agrees all development and
improvement of the Property shall comply with rule and regulations pertaining to
regulated wetlands.
3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of
the Eagle City Code.
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3.12 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 on the levee adjacent to the Boise River. The
specific location and design of the pathway shall be approved by the City of Eagle
Park and Pathway Development Committee, the Eagle Design Review Board, and
the Eagle City Council prior to the submittal of the first final plat for the Property.
The asphalt pathway shall be located in an easement or easements which shall be
dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-
6(E)(2), upon recordation of the final plat(s) wherein the pathway is located.
3.13 A minimum of one emergency and/or service access point to the Boise River for the
use of repair and rescue equipment and personnel shall be provided. Location and
width of emergency and/or service access shall be as determined in coordination
with the City of Eagle Park and Pathway Development Committee, Eagle Fire
Department, Flood Control District #10 and Ballantyne Irrigation Ditch Company
and approved by the Eagle City Council prior to City approval of a master design
review application for the Property.
3.14 Provide bus stops as may be recommended by Eagle.
3.15 Applicant shall match the existing streetscape located on the south side of Riverside
Drive with a minimum eight foot (8') wide tree lined landscaped strip and a
detached ten foot (10') wide pathway. The landscaping, including street trees and
pathways shall be reviewed and approved by the Eagle Parks and Pathway
Development Committee and the Eagle Design Review Board prior to submitting
application for a final plat.
3.16 Applicant shall provide a center common area plaza for use by the residents of the
development as generally depicted on the Concept Plan. The intent of the plaza is to
become a focal point of the development with an adequate area for gathering, a
pool, pool house, benches, seat walls, and ornamental lighting to create a sense of
place and identity for the core area of the development. The landscaping may
include shrubs, flowers, water features, etc., and shall be reviewed and approved by
the Eagle Design Review Board and Eagle City Council prior to the submittal of a
final plat.
3.17 The development is to incorporate public art, water features, or other features of
interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor
drinking fountains, benches, tables, etc.).
3.18 The single-family dwellings shall be constructed utilizing" Craftsman/Americana"
style architecture. Commercial/retail buildings, multi -family residential
condominiums, single-family dwellings, and pool house shall be required to meet
the design review requirements as set forth in Eagle City Code and the Eagle
Architecture and Site Design book. Eagle Design Review Board and Eagle City
Council approval of the detailed architectural plans for the development is required
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prior to the issuance of building permits for commercial/retail buildings, multi-
family residential condominiums, pool house, pumphouse for irrigation, and
gazebos.
To assure compliance with this condition, the applicant shall create an architectural
control committee (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 building 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 meet
the design requirements as may be stipulated by the Eagle Design Review Board
and Eagle City Council.
3.19 Provide plans showing outdoor lighting details for review and approval by the
Zoning Administrator with the submittal of the final plat. The plans shall show how
the lights will facilitate the "Dark Sky" concept of lighting.
3.20 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 islands and all common areas throughout the development, 3) landscape
screening details and buffering for the residential units adjacent to Riverside Drive
4) elevation plans for all proposed common area structures and irrigation pump
house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), 6) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 7) 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 submittal of the first final plat.
3.21 All living trees that do not encroach upon the buildable area on any lot shall be
preserved, unless otherwise determined by the City Forester. A detailed landscape
plan showing how the trees will be integrated into the open space areas (unless
approved for removal by the City Forester and the Design Review Board) shall be
provided for Design Review Board approval prior to the submittal of a final plat.
The applicant shall have an on-site meeting with the City Forester to survey all
existing trees. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site.
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3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the
Concept Plan, development of the Floodway shall be prohibited.
3.23 Building placement shall be designed such that parking areas are not concentrated
between the buildings and Riverside Drive.
3.24 City of Eagle approvals shall be subject to any FEMA requirements.
3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway
along the Boise River as required in the Eagle Comprehensive Plan.
3.26 Provide a license agreement from ACHD approving the landscaping located within
the public right-of-way abutting the northern boundary of the Property (Riverside
Drive) prior to the City Clerk signing the final plat.
3.27 Pathways connecting the residential areas to the commercial areas shall be
provided.
3.28 The applicant shall tile the Ballantyne Ditch within the subject property as required
by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final
plat.
3.29 Provide documentation from Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating that potable water
service has been approved to serve the site prior to the applicant submitting a final
plat application.
3.30 Streets shall be constructed using the street section widths as shown on Exhibit C or
as otherwise approved by Ada County Highway District.
ARTICLE IV
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 V
DEFAULT
5.1 In the event the Applicant fails to comply with the commitments set forth herein,
within thirty (30) days of written notice of such failure from Eagle, Eagle 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.
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5.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle 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 any term, provision, commitment, or restriction of this Development Agreement or
the application thereof to any parry or circumstances shall, to any extent, be held
invalid or unenforceable, 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 the Applicant (or other appropriate
party) and Eagle as an amendment to the Development Agreement processed in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
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 Applicants (or other
appropriate party) and Eagle.
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 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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0
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 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.
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;
Eagle: City of Eagle
310 E. State
Eagle, Idaho 83616
Applicant: Lonesome Dove LLC
Attn: Chad Longson
827 S. Bridgeway Place, Suite 110
Eagle, Idaho 83616
Or such other addresses 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.
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8.6 Effective Date: This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
8.6 Termination: This agreement terminates upon completion of the Conditions of
Development or after 7 years after the Effective Date, whichever comes first.
8.7 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 day of 2007.
r Of EACl''.
VORA
Cry 'V••
0%0c)
10
•••rE
ATTEST— L CL-�w 9'.- \�:
Sharon K. Bergmann, City Cl k
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
Lonesome Dove, LLC, an Idaho limited
liability company
87 c �� ,4
Yl
By:
ClutdLongson, President
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STATE OF IDAHO )
ss.
County of Ada )
On thi� day of , 2007, before the undersigned notary public in
and for the said state, personally 4peared NANCY C. MERRILL, 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. d
,O¢TARr
pUHL�f'
STATE OF IDAHO )
ss.
County of Ada )
Residing at:
My Commission Expires:
On this (Q__ day of , 2007, before the undersigned notary public in
and for the said state, personally appeared Chad Longson, known or identified to me to
be the President of Lonesome Dove, LLC, the Idaho limited liability company that
executed the within and foregoing instrument be the owners 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.
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INDEX OF EXIMITS
Exhibit
A — Legal Description of Property
B — Concept Plan
C — Street Cross Sections
D - Single -Family Lots (1-24) (Landscaping example)
E — Single -Family Lots (25-101) (Setback example)
F — Concept Plan (Detailing amenity areas)
G — Residential Lot/Setback Schedule (Lots 25-101)
H — Commercial Core Plaza Area Elevation
I — Official Schedule of District Regulations
J — Commercial Building Footprint Area
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1101)Wto)a*1:11:�Y�.�!
Exhibit
A — Legal Description of Property
B — Concept Plan
C — Street Cross Sections
D — Single -Family Lots (1-24) (Landscaping example)
E — Single -Family Lots (25-101) (Setback example)
F — Concept Plan (Detailing amenity areas)
G — Residential Lot/Setback Schedule (Lots 25-101)
H — Commercial Core Plaza Area Elevation
I — Official Schedule of District Regulations
J (1-5) — Commercial Building Elevations, Building Footprint, and Floor Plans
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EXHIBIT "A"
TOOTHMAN-ORTON ENGINEERING COM
CONSULTING ENGINEERS, SURVEYORS AND PLANNEI
9777 CHINDEN BOULEVARD F PirUEtVED & FILEC
BOISE, IDAHO 83714-2008 CITY OF
208-323-2288 • FAX 208-323-2399 EAGLE
boise@toengrco.com
Project: 05141 OCT 0 6
Date: October 5, 2005
Page: 1 of 3 File:
Route to:
EXHIBIT "A"
Description for Rezone & Annexation
A parcel of land being a portion of Government Lots 1 and 2, Section 16, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
COMMENCING at a point marking the northeast comer of said Government Lot 1,
from which the northwest comer of said Government Lot 1 bears N.89°5)'I 0"W.,
1329.23 feet; thence, along the northerly line of said Government Lot 1,
A) N.89°53' 10"W., 1085.26 feet to the POINT OF BEGINNING; thence, along the
westerly and southerly lines of Deed Instrument No. 101044452, records of Ada
County, Idaho the following courses:
1) S.00°06' 16"E., 59.61 feet to the beginning of a non -tangent curve; thence,
2) Southeasterly along said curve to the right, having a radius of 550.00 feet, an arc
length of 275.70 feet, through a central angle of 28°43' 14", and a chord bearing
and distance of S.75°44'39"E., 272.82 feet; thence, along a tangent line.
3) S.61°23'01"E., 569.45 feet to the beginning of a tangent curve; thence.
4) Southeasterly along said curve to left, having a radius of 200.00 feet; an arc
length of 117.83 feet, through a central angle of 33°45' 18", and a chord bearing
and distance of S.78'1 5'37"E., 116.13 feet to a point on the easterly line of
Parcel IV, Deed Instrument No. 8859142, records of Ada County, Idaho, also
the easterly line of Parcel 1, as shown on Record of Survey No.2781, records of
Ada County, Idaho; thence, along said easterly line,
5) S.00°26'54"W., 1006.81 feet to a point on the northerly line of Parcel III, of said
Deed Instrument No. 8859142; thence, along said northerly line, as shown on
said record of survey,
6) S.89-53'1 0"E., 203.21 feet, to a point on the east line of said Section 16; thence.
along said east .line, as shown on said record of survey,
HA05141iWPPiles\Survey\F_xhr- REZONE & ANNEXAMN.doc
BOISE • COEUR d AL.ENE • CALDWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 05141
Date: October 5, 2005
Page: 2 of 3
7) S.00°47'35"W., 275.89 feet, to a point marking the northeasterly corner of
Disclaimer Deed Instrument No. 94048234, records of Ada County, Idaho and
the southeast corner of Parcel 1, of said record of survey; thence, along the
northerly line of said disclaimer deed and the southerly line of Disclaimer Deed
Instrument No.'s 94047885 and 99118771 and the southerly line of said record
of survey and Record of Survey No. 6888, records of Ada County, Idaho, the
following courses:
8) S.89027'00"W., 120.90 feet; thence,
9) N.86°47'20"W., 126.59 feet; thence,
10) N.69° 16'00"W., 198.51 feet; thence,
11) N.78049'00"W., 87.42 feet; thence,
12) S.84°01'00"W., 154.37 feet; thence,
13)NAI-56'00"W., 113.33 feet; thence,
14) S.84°48'00"W., 147.75 feet; thence,
15)N.71035'00"W., 90.50 feet; thence,
16) N.74-1 3'00"W., 89.64 feet; thence,
17) N.59°08'00"W., 77.00 feet; thence,
18) N.76°08'00"W., 201.23; thence, along the westerly line of said Disclaimer Deed
Instrument No. 99118771 and, along the westerly line of said Record of Survey
No.6888 and, in part, along the westerly line of Instrument No. 96022811,
19)N.0096'35"E., 567.68 feet to a point marking the southeasterly corner of the
rD
first parcel of land described in Deed Instrument No. 9032863, and as shown on
Record of Survey No. 2255, records of Ada County, Idaho, thence, along the
southerly and westerly line of said Deed instrument No. 9032863, as shown on
said record of survey, the following courses:
20)N.55°18'41"W., 266.14 feet; thence,
21) N.00°36'35"E., 699.38 feet to a point on the northerly line of said Government
Lot 2; thence, along the northerly line of said Government Lots 2 and 1,
22) S.89°53' 10"E., 464.41 feet to the POINT OF BEGINNING.
H:\05141\WPtileslSuney'\ExliA-REZONE & ANNEYAT10N.doc
TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 05141
Date: October 5. 2005
Page: 3 of 3
CONTAINING 41.16 acres. more or less.
SUBJECT TO all Covenants; Rights, Rights -of -Way, Easements of Record and any
Encumbrances.
This description was compiled from the following Instruments and Records of Survey, records of Ada
County, Idaho:
Record of Survey No. 2255, 2781 and 6888
Instrument No.'s 101044452, 99118771, 96022811, 94047885, 9032863 and 8859142.
H 0514]kWPfiles\Survey,ExhA-REZONE & ANNEXATION.doc
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