Development Agreement - 2021 - J&M Land - 6/23/2021 ADA COUNTY RECORDER Phil McGrane 2022-036058
BOISE IDAHO Pgs=13 ANGIE STEELE 04/12/2022 04:36 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return to
City of Eagle
€iced E.Civic sane
Eagle,Ida 83616
-------- -------- -------- -----
1;or Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
`niis Development Agreement,made and entered in-to on the date as indicated herein,by and
between the CITY OF EAGLE,a municipal corporatism in the State of Idaho("Eagle"),by and through
its 'lNlayor,and J&M LAND, la LC,and CA RA CREEK, LLC.(`°Owner").
WHEREAS, the Owner is the owner of ixr€a n real estate idemilied as Ada County parcel Nos.
S03'263362ft S0334110020, S0334417200, S€1335210,000, S0335223000 S0335240,000. S0335320000;
and S0335342 50 ("Pwperty"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Remme identified as Rezone Application-No. RU-12--20;and
WHEREAS, the proposed development includes properties ova€hits an area currently zoned R
(Rural Residential Ada County designation) and RUT (Rural-Cheat 'Transition - Ada County
designation); and
WHEREAS, the Owner desires a R-E-DA (Residential-Estates with a development agreement)
zoning classification to develop a residential case on the above described property, which ~ice 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 residential project upon the Property must be limited with the use of a
development agreement to prevent endue damage to, and to otherwise be in harmony with, the existing
community and
W'p[EREAS, the intent of this Development Agreement is to protect the rights of Owner's
use and enjoyment of the Propem while at the same time limiting any adverse impacts of the developinent
upon neighboring properties and the existing community and ensuring;the Property is developed in a manner
consis%wt t with Eagle's Comprehensive Plan and City Cade;and
WHEREAS, the Owmer 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 R-1 -DA (Residential Estates with a
development agreement) zoning designation for the Property A ith the requirements set forth in this
Development Agree€taent and
W11EREA ,the Owner has provided Eagle with an affidavit agreeing;to submit tie_t'roperty
to a Development Agreement(Exhibits B1 and W)pursuant to Eagle City Code Section 8-10-l(CX1) and
be bound by same-,and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner 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 67-6511 A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
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 R-E-DA (Residential-Estates 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 The maximum density for the Property shall be 0.48-dwelling units per acre.
3.2 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.
3.3 The Concept Plan (Exhibit Q 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.
3.4 Owner shall construct the landscape street section with pathways, and buffer with berm with a mix
of trees along the perimeter of the site as shown on the Conceptual Landscape Plan, date stamped
by the City on February 11, 2021. The landscape plan shall be reviewed and approved by the
Design Review Board and City Council prior to submittal of a final plat application.
3.5 Owner shall provide a copy of an executed ITD Transportation Mitigation Agreement to the City
prior to submittal of the first final plat.
3.6 Owner shall comply with all requirements of Eagle City Code Title 10,Flood Control.
3.7 If individual septic systems are proposed, Owner shall provide a site report as required by Central
District Health Department at the time of submittal of a preliminary plat application. In the event
individual septic systems are not approved by Central District Health Department, 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 prior to the submittal of a final plat
application. Owner shall comply with all applicable Eagle Sewer District's regulations and
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conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits, Owner shall provide proof of central sewer service to the proposed residential use.
3.8 The Property is located within both the Eagle Fire Protection District and the Star Fire Protection
District and, therefore, Owner shall work with both the Eagle Fire Protection District and the Star
Fire Protection District for all fire service/protection issues as it applies to the respective Fire
Districts; provided, however, nothing in this Section shall limit Owner's ability to annex into one
fire district so long as Eagle Fire Protection District, Star Fire Protection District and Owner are
working in good faith reach agreement in a recorded Memorandum of Understanding or as
otherwise allowed under Idaho Law.
3.9 Owner acknowledges that the Property is located within the Eagle Municipal Water Service Area
and compliance with applicable sections of Eagle City Code, Title 6, Chapter 5, Water Systems
shall be required.
3.10 Owner shall provide a public right-of-way for a future connection to West Homer Road. The right-
of way shall be in alignment or proximity to West Wild Wing Way between North Hartley Road
and the east property line.
3.11 Owner shall provide a public pathway(s)plan to be reviewed and approved by the Parks, Pathways,
and Recreation Commission prior to submittal of a preliminary plat application.
3.12 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
3.13 No formalized trail and/or pathway access to the Bureau of Land Management property shall be
permitted without the express written consent of the Bureau of Land Management.
3.14 Owner shall development a Wildland Fire Management Plan to be reviewed and approved by the
fire department prior to submittal of a final plat application.
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 B1 and B2) and be bound thereby, and
comply with and be bound by 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 Owners fail 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.
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.
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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 Eagle enacts and records an ordinance
changing the property to the A-R(Agricultural-Residential)zoning designation.
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 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 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 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.
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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
660 E. Civic Lane
Eagle, Idaho 83 616
Owner: J&M Land, LLC
Cabra Creek, LLC
Attn: Michael McCollum
398 East Copper Ridge Street
Meridian, Idaho 83 646
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 Eagle herein, Owner agrees to
provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle 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,
Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash
deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial 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 Eagle and invoiced, then following thirty (30) days of written notice of
such failure from Eagle, Eagle 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, Eagle shall release to the Owner the
unused portion of the cash deposit or the letter of credit, as applicable. Eagle'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;
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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;
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 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.9 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 thiVa day of , 2021.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Jason Pierce, Mayor
AT ST: �•�'' OF E,q ��•••,
go
r yE70s , City Clerk • �,�,,,�,
SEAL
10
(
10
J'••:(r*M-)RA��; PJERS):
0 ���"I&M LAND,LLC
little#$
By:
Michael McCollum,Managing Member
CABRA CREEK, LL
By:
Michael McCollum, Managing Member
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STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2022 before the undersigned notary public in and for
the said state, personally appeared MIC14AEL MCCOLLUM, known or identified to me to be the
Managing Member of J&M LAND, LLC, 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.
JENNIFER LANDERS
[:NOTARY PUBLIC-STATE OF IDAHO Nota P lic for IdaY OMMISSION NUMBER 20191334
COMMISSION EXPIRES 7.8-2025 Resi at: Ea
My Commission Ex ires: b-7—04b-fo-Lc'
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2021, before the undersigned notary public in and for
the said state, personally appeared MICHAEL MCCOLLUM, known or identified to me to be the
Managing Member of CABRA CREEK, LLC, 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.
//0"'7
JENNIFER LANDERS otary is for Idaho
NOTARY PUBLIC-STATE OF IDAHO
COMMISSION NUMBER 20191&U Residing at: ,�•
MY COMMISSION EXPIRES 7.8-2025 My Commission E. pires: (� ~(�•� ,
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17. along the.,arc ot"a tangent curve to the right,concave southeasterly,having a radius
of 100.00 feet, through a central atiale of 3754'27", an arc length of 66-16 feet
and a chord bearing North 29'1 T02"East,a distance of 64.96 feet, crindt
18. North 48'14'16" East, a distanco of 85.86 feet to a point on the cast line of the
southwest quarter of the southwest quarter of the,aforesaid Section 26;
thence North 00'45'47"East coincident with said east line
a distance of 30 5 met et to t-he,northcfast corner
of the southwest quaitc.,,r of the southwest quart-1-Or of said Section 26. thence leaving said cast line, North
88'54'45" West, coincide.-tit with the north Line of the southwest quarter of the southwest quarter of said
3 1
Section 261, a distance of 498,_"54 --Feet to a point on the centerline of Farmer's Union Canal, as said canal
i -
exists at the t 4.11,C. of this description thence coincident -with said centerline the, following -fburt%--,,en (A)
consecutive courses and distances.,
I. South 68'5738" a distance of 90.81 feet,
11
2. alon-cr "lie arc of tangent curve to the concave;southeaster)y, 'havincy a radius
of 150.00 feet, through a ccntral angle of 52'45)15"'., an arc I-C-,Mgth of 138.11 --reet,
and a chord bearing South 42'35'0 1"West a distance;of.13 3.28 f6-t
3. South 16'12'23",West, a distance of 54,36 fe e t-)
4, along the arc of a tangent culANe to the right concave northwesterly,having a radius
of 200.00 feet, an art-1 length of 1.29.47 -feet,
through a central angle of 37'05`30", D
and a chord bearing South 34'4 5)'08"West, a distance of 127.23 feet,
5. South 53'17'53"West-, a distance of 34.89 feet
6, South 60'23'35"West, a distance of 95.8-5) Beet
7. South 67'25'49"West, a distance of 89,51 fect,
8. South 49'2.2'39"West, a distance of 10 1.14 feetl
9. along the--arc of atangent cur ve to flne left concave southeasterly, having-f a radius
of 200.00-.feet, through a Central angle of 31'25'16" an arc Ion th of 109.68 feet
9-
and a chord bearing South 33'40'01"West, a distance of 108.31 feet)
10. South 17'5723"West, 'a distance of 104.36 ficet,
H. along the arc of a tangent curve to the right,concave northwesterly,having a rad-i-us
Z__
of 200.00 feet, through a central angle of 33'51'15" an arc length of I
18.17 -feet
.
and a chord bearing South 34"53'01"West, a distance of 1.16.46 -fect,
C11
12. South 51'48'38"West, adistance of 74.34 feet,
13, along the arc of a tangent curve to the left, concave southeasterly, having a radius
of 200.00 feet, through a central angle of 30'20'3 8"), an arc Ion th of.105.92 :feet,
0 t�� 9
and a chord bearing South 36'38'19"'west, a distance of 104,69 feet,and
14. South 2 1'28'00" Wes,`-, a distance, of 56.06 feet to a point on the west line, of said
Section 26,-
thence leaving said centerline, South 00'59'44"West ZD coincident with said west line, a distance of 375.87
J D
feet to the southwest corn
er of said Section 26; -thence North 89'4 1'27", West coincident w1th the north
line of the aforesaid Section 34, a distance of 2 14.12 feet to a point on -the centerline of Farmer's Union
Canal,as said canal exists at the time of this description;'thence coincident with said centerline the following
eight(8) consecutive courses and distances:
1, South 30'28'01"West, a distance of 3 51.60 fect9
2. along the al-C.-of a tangent curve to the right,concave northwesterly,having a radius
off200.00 -feet through a central an of 181 1"36" an arc lenorth of 63.5 1 feet,
5 C)cyle - � I ZD I
and a chord bearing South 39'_3 33'49"West, a distance of 63.24 feet)
3. South 48'39'37" West, a distai,ice of 178,75 -Feet)
1
4. South 32-'13'27"West,a distance o-4,7201.93 fect,
iv arch 23,2021 10-'20-093,_A1 Annex Dcsc rl,docx Pap 2 of'3
to The Ag!",M) n1or(hwestcrty,'.having a radius
f
F,1r 0 0).D C'3, F,?,,� f 1:111,C 1,1 -a a.1-1s,11C Of 39'28'58", an arc; length- of 137,82 tbot,
r,ind �,�,t ,c hord bwAng 6' West
�,1��� 5 1'5Tj a ol' 35A I fbct
6, Sculdh 7.1')4225-)' Wcsst) a dAwlarm VA266.85 Avi
7. 13(a it.i 1--t 78"15'12"' Wcsi, a of 27004 Amst, and
Sou�h 74'067,58" NA/k;St 7 11 cl-uriUancc of ITS)() Tat to a.poiint O.n thc-- wcst
1111s 1111117 Cof the nor quaror cofsald S�c(ioz 3z!t dheast t
SWUM SOLOUl CATICASIA-with isaid west lbars, 1.1 distance of 1360.65 Raw t.,-)
then 0'3 6)44,`Wrcst COincident xvith dhle �,,-vost Him afthe-cast 1-ml-IF of-jth,�,,7�c)uthcast
.cc ✓South (Df
ti,Scci,ion 3��,,, a distann: off-88)7.82 fbet tc I 0 tho corner of the tract of tatnd dl-`-Smribir:,-;(j-i:nk
ry. vfp�n,�un,,ty dcF,�fd rt,�(,-Ordedi as '1.100289875 OMAY Records c)CAda Conunt-y-, -1hrmir,"t,
L nmi er
as iuhe 1-Tanson 1`rract; �cojncidr,.,-n-t -�,vith the re-Spective northerly m-1,StCrj)i, MI-d SOUII-LherI3
Lino's afsC-1,idl 11'allson 'Fracl; tile fbilowing
(3) c,,c)-,n�Secutive Courses ai-noll
1 South"899 9,511"11ast, a r1i 1' t
�,s t,,),n rcoz o,IF 2 5 9 1 0 0..c�-
I SULIS 00TAYS!"-TA/vISt) a- distance, of [7 1�2 and:,
3. N orth 8 9'1111 9'_3 1" Asyst a -ic�� of"250S.,,00 J-0 a paint oil the, wo's". ]hnc, Of t-hc cast 11,,�IJAF of
) , distai
S o-utlh Carlo;t(juartm,c)f Said 311;
t hencc ljca--�ving dh(-,� fine, of "Fra,-ni, 4" W.,-,sq Coincident-vvidl-i saict vIr
. g - � S, Rh 0096041
Une" a distance of 260.12 ID-0 LINO Mouthwcst cNolmer of To nortlievist quarter or the, o.F
---,--i d S o-,,t, Ait
s. ion 3-/Ir; id cm.c.c South 89`07'43'"Eas-,; i,"'a, Soulb line Syn-Cof a distantc,�,, .1 93"1.415
dherem"thmice Solfflih 89'GW5z',,-";East vvith�i1c,south 111inc-o- thc nowth.
quamfdn-, t 1 -rt O i " a disanceof1�32 1Abo ,1-ic northwcs
c t carn cn
- E; o0 -Oltlitt! ClUarer f t1hc saidcOr 3 ; oulh 003926' Weo, Stil5 t
-
(50066- nt Q, IS 19.05 fcct to the southwest r3c
Souitia 89"IT56" East Uncli-dicnt so-ui,� tlh-cncc,
I linc of"said ✓ 35 a distanc�,�:,� w`660,86 feet
Poh-itol'Beginning.
Containing an arQc --:)1`379,70
T. albovt-;-descritm!tract Cof is 31-10-vvn, on Exhibit AT attaclicol hm,7�,,ro d4c,'a part 1�`s� 1�71.
J-U-B ENGENNEERS, 111C.
"doroas - -, ' , - y iS-Ciptin w pfQpaTOd by mc,or urnd�-r in Iftny portr.) oJ`tis descrpton nndf- c-io fti ii isoific1
aT runnol,P-d vvithout t'lw wrim
o-,�-rmotl , n a J- a -nyiui PLl abiitycaCKASpm, S, l i l as"oiF
this dommi-ent is "Inereby duclux-11,
Nm
7fln-cia�-�PLS
Smodly Harrig US 17665
17665
t
IM t
23, 202
10-20-093 Rv.1 An-nc:,] Dcsc, r I
3 3
EXHIBIT 66B1"
Affidavit of MICHAEL MCCOLLUM on behalf of J&M Land,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada }
MICHAEL MCCOLLUM, who being first duly sworn under oath, deposes and says:
1. I am MICHAEL MCCOLLUM, who is the Managing Member of J&M Land, LLC, whose
mailing address is 398 East Copper Ridge Street, Meridian, ID, 83646 ("J&M Land,
LLC").
2. J&M Land, LLC, is the fee simple owner of the parcel of real property described on Exhibit
A, (the"Property").
3. Urban Solutions, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho ode Section 67-651 lA and Eagle
City Code Section 8-10-1 dated the 2, day of , 2021. by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Michael McCollum, J&M
Land, LLC(the"Agreement").
DATED this day of ,�G� , 2021
By:J&M Land,LLC
By:
Michael McCollum,Managing Member
SUBSCRIBED AND SWORN to before me this 2.. day of ,201L
JENNIFER LANDERS Nota ub ' for Idaho
/00000
NOTARY PUBLIC-STATE OF IDAHO -�
COMMISSION NUMBER 20191334 Resi In P , Idaho
MY COMMISSION EXPIRES 74.2425 My Commission expir "']' Z 6
Page 1 of 1
KAPlanning DeptTagle Applications\RZ&A\2020\A-09-20&RZ-12-20 J&M Land da affidavit J&M Land.doc
EXHIBIT"112"
Affidavit of MICHAEL MCCOLLUM on behalf of Cabra Creek,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
MICHAEL MCCOLLUM, who being first duly sworn under oath, deposes and says:
1. I am MICHAEL MCCOLLUM, who is the Managing Member of Cabra Creek, LLC,
whose mailing address is 398 East Copper Ridge Street, Meridian, ID, 83646 ("Cabra
Creek,LLC").
2. Cabra Creek, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, (the"Property").
3. Cabra Creek, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle
City Code Section 8-10-1 dated the 2,, day of , 2021L by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Michael McCollum, Cabra
Creek,LLC(the"Agreement").
DATED this day of Oao/h , 2022w
By: Cabra Creek,LLC
By: V
Michael McCollum,Managing Member
SUBSCRIBED AND SWORN to before me this day of , 2022
JENNIFER LANDERS
NOTARY PUBLIC-STATE OF IDAHO
*ta P li for Idah
COMMISSION NUMBER 20191334 Residi a , Idaho
W COMMISSION EXPIRES 7-8-2025
My o ission expires 0
Page 1 of 1
KAPlanning DeptTagle Applications\ZZ&A12020\A-09-20&RZ-12-20 J&M Land da affidavit Cabra Creek.doc
Plot Dale2/11/2021 11 A4 AM Plotted By:Everett Eamest
Date Crealed:2/11/2021\UUB.COA1\CENTRAL\CLIENTSVD\J&MLANDLLC\PROJECTS\10-20-M HARTLEYDEVELOPt.1ENTDESIGN\CAD\FXHIBITS\10-:
Exhibit "C"
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W. BEACON LIGHT ROAD
�oo�T
m x m>c REUSE OF DRAWINGS
_ O N m J-U-BSHALLRETAINALLCOMMONLAW.STATUTORY,COPYRIGHTAND J-U-B ENGINEERS,INC.
m c -Di z z Z 9 J&M EAGLE PROPERTY OTHER RESERVED RIGHTS OF THESE DRAWINGS,AND THE SAME C
o o 2 N SHALL NOT BE REUSED WITHOUT J-U-B'S PRIOR WRIITENCONSENT, 2760 W.Excursion Lane t6
EAGLE IDAHO ANY REUSE WITHOUT WRITTEN CONSENTBYJ-U-B WILL BEAT CLIENT'S m
C v N z 1 SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO J-U-B. Suite I lP.400 z
N m m s
m T== s$ REVISION Meridian,ID 83642 m
7J o 0
v _-1 CONCEPTUAL MASTER PLAN Phone:208.376.7330 N
m z www.jub.com r'
NO. DESC IPTION BY APR DATE