Development Agreement - 2022 - Kingfisher Cove Townhomes - 5/10/2022 ADA COUNTY RECORDER Phil McGrane 2022-048961
BOISEIDAHO Pgs=14 ANGIE STEELE 05/20/2022 04:49 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
666 E, Civic Lane
RO. Box 1520
Eagle, Idaho 836i6
---------------- --------------------------------- -------------------- --------------------
For Recording Purposes Do
Not Write Above'Dais Line
DEVELOPMENT AGREEMENT
'niis 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 LANDMARK PACIFIC DEVELOPMENT, IN('. (' wner").
RECITALS
WREREAS, the Owner is the owner of record of'certain real estate identified as Ada County
parcel Nos. S0402210100 ("Property"), as specifically defined in the attached legal description (.Exhibit
A)and shown on the Concept Plan (Exhibit B),which is a portion of the site su�ject of an application for
rezone, identified as Eagle Rezone Application No. RZ-06-14 and which is subject to an application for
rezone, identified as Eagle Rezone.Application No. RZ-14-201-
WHEREAS, Upon recordation of this Development Agreement, that certain Development
Agreement recorded in the real property records of Ada County, Idaho.,on-August,27,2015,as instrument
number 210 15-079718 (the "Original Development Agreement') shall be void and of no further force or
effect on the Property; and
WHEREAS, the proposed development includes properties within an area currently zoned MU-
DAL(Mixed Use with a development agreement);and
NVIIEREAS, the Owner desires a R-9-DA (Residential xvith a development agreement) zoning
classification to develop a residential use on the above described property, which is herein referred to as
the "Property"; and
WHEREAS, the Owner desires to develop the property with a724ot (63-buildable, 9-common)
single-family attached residential subdivision,
WHEREAS, the City Council of Eagle have determined that the scope of any residential
development 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
AHERE,AS, 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 -exis-fing community and ensuring the Property is, developed in a manner
consistent with Eagle's Comprehensive Plan and City CA)de-- 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 LANDMARK PACIFIC DEVELOPMENT,INC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. SO402210100 ("Property"), as specifically defined in the attached legal description (Exhibit
A)and shown on the Concept Plan(Exhibit B),which is a portion of the site subject of an application for
rezone, identified as Eagle Rezone Application No. RZ-06-14 and which is subject to an application for
rezone, identified as Eagle Rezone Application No. RZ-14-20;
WHEREAS, Upon recordation of this Development Agreement, that certain Development
Agreement recorded in the real property records of Ada County, Idaho,on August 27,2015,as instrument
number 2015-079718 (the "Original Development Agreement") shall be void and of no further force or
effect on the Property;and
WHEREAS, the proposed development includes properties within an area currently zoned MU-
DA(Mixed Use with a development agreement);and
WHEREAS, the Owner desires a R-9-DA (Residential with a development agreement) zoning
classification to develop a residential use on the above described property, which is herein referred to as
the "Property";and
WHEREAS, the Owner desires to develop the property with a 72-lot (63-buildable, 9-common)
single-family attached residential subdivision.
WHEREAS, the City Council of Eagle have determined that the scope of any residential
development 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
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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 R-9-DA (Residential with a development
agreement) zoning designation for the Property with the requirements set forth in this Development
Agreement;and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C) 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 67-6511 A 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 R-9-DA(Residential 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 8.53 dwelling units per acre (63 single-family
attached lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, 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 within this Agreement.
3.3 The Concept Plan(Exhibit B)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 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 Concept 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
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(center landscape island, street trees, pool, pergola shade structure, and pathways) shall be required
design elements as part of the final design for the site.
3.5 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, shared driveways, fencing, and
amenities. The owner shall provide an operation and maintenance manual including the
funding mechanism as an addendum to the CC&Rs and the repair and maintenance
requirement shall run with the land and that the requirement cannot be modified ant that the
homeowners association or other entity cannot be dissolved without the express consent of
the city.
(b) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit
D). All other fencing(i.e. dog-eared cedar fencing,vinyl,chainlink)shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation,law or ordinance.
(d) Short-term rentals may be permitted with a duration of a minimum of six(6)months.
3.6 The Setbacks shall be as follows:
Front 10-feet
Rear(adjacent to alley) 5-feet(maximum)
Interior Side (common walls) 0-feet .
Exterior Side 5-feet
3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance
between an electrical transformer and structure.
3.8 Owner 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, Owner shall
provide proof of central sewer service to the proposed 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.
3.9 The single-family attached units shall not exceed 29-feet in height and shall not be more than two-
stories. The single-family attached dwellings 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 prior to the issuance of building permits for the single-family attached
dwellings.
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3.10 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
1 facilitate "Dark
with the submittal of the final plat. The plans shall show how the lights will ac hate the
Sky"concept of lighting.
3.11 Owner shall submit a desi review application ion showing at a minimum: 1) proposed development
signage,2)planting details within the proposed and required landscape island and all common areas
throughout the development, 3) landscape screening details and buffering for the residential units
adjacent to West State Street and State Highway 44, 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), and 6) useable amenities such as picnic tables, covered
shelters, benches, gazebos, and/or similar amenities (if proposed). 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.
3.12 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3.13 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access
easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing
the final plat.
3.14 Provide a license agreement from the respective transportation agency approving the landscaping
located within the public right-of-way prior to the City Clerk signing the final plat.
3.15 Owner shall construct a 10-foot-wide concrete sidewalk along the frontage of State Highway 44 to
tie into the sidewalk located at the northeast corner of West State Street and State Highway 44. The
sidewalk shall be constructed prior to the issuance of a certificate of occupancy for the first single-
family attached dwelling units.
3.16 Owner shall construct the required buffer area located adjacent to State Highway 44 and West State
Street prior to the City Clerk signing the final plat.
3.17 Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding
Plan associated with the Kingfisher Cove Townhomes Covenants, Conditions, and Restrictions
prior to the City Clerk signing the final plat. The funding amount shall not exceed $300.00 at the
time of sale of each individual residential unit in perpetuity. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
ARTICLE N
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 C) 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.
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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 67-65 09, 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.
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 Owners)
(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.
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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;
City: City of Eagle
660 E. Civic Lane
Eagle,ID 83616
Owner: Landmark Pacific Development,Inc.
Attn: Don Newell
P.O. Box 1939
Eagle,ID 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours 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 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 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
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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;
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.
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IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this Ito day of!A ,2022.
CITY OF EAGLE, a municipal corporation organized
and existing u s of the State of Idaho
,k,
By:
J on Pi rce, or
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AT 'EST: •` �� •Of`
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Tracy E. O rn, City Clerk E * : .. r
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EA •\4›,%:.6kpoRATIA)t.V0 /
STATE OF IDAHO ) •.,,e OF I9 •`���.
: ss.
County of Ada )
On this 10 day of 2022,OA before the undersigned notary public in and for
, g _
the said state, personally appeared JA ON PIERCE, known and 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.
Cr.. ........_...:
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SA CSENC' ,�� No blic for Idho
e- •,••••••••.sf �e. Residing at: t4-'3[t,
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O.! 40cARY\'P : My Commission Expires:..m
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(-)H.
LAND CIFI DEVELOPMENT, INC.
4
By: ,b _,r,, • '''
Don Ne 1, President W
STATE OF IDAHO )
: ss.
County of Ada )
On this kAay of , 2022, before the undersigned notary public in and for
the said state, personally appeared D NALD NEWELL, known and identified to me to be the President
of LANDMARK PACIFIC DEVEL MENT, INC., known or identified to me to 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.
I
LIMBERLY YELM
COMMI SIGN#50141 • . bloc for •. ►o
NOTARY", RY PUBLIC Residing at: lito c tb
STATE OF IDAHO My Commission k . res:ttp CI 202 —
MY COMMISSION EXPIRES 06115✓2025
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INDEX OF EXHIBITS
A - Legal Description
B - Concept Plan
C - Affidavit of Owner
D - Fencing Concept Plan
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LEGAL DESCRIPTION
"' THEPage 1 OF 1
LIIPlifir-11*'4LAND
RECEIVED& FILED
GROUP CITY OF EAGLE
OCT 2 9 2020
October 22, 2020
File:
Project No.: 120093 Route to
EXHIBIT "A"
RE-ZONE AREA
A zoning boundary being situate in the Southeast Quarter of Section 7, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly described as follows
COMMENCING at the Center East 1/16th corner on the East-West mid-section line of said Section 7
(from which the Center One Quarter corner of said Section 7 bears South 89°25'51" West, 1322.18 feet
distant);
Thence South 01°20'38" West, 886.92 feet to a point on the centerline of West State Street, said point
being the POINT OF BEGINNING:
Thence on said centerline of West State Street, South 52° 30' 19" East, 504.30 feet to a point of
curvature;
Thence 86.72 feet on the arc of a curve to the left, having a radius of 510.00 feet, a central angle of 09°
44' 34", and whose long chord bears South 57° 22' 39" East, 86.62 feet;
Thence leaving said centerline, South 00° 18' 23" East, 120.00 feet to a point on the extended southerly
right of way line of State Highway 44;
Thence on said extension of the southerly right of way of State Highway 44, South 89°41' 37" West,
1067.70 feet;
Thence leaving the extended southerly right of way line of State Highway 44, North 00° 18' 35" West,
465.45 feet to a point of curvature, said point being common with an angle point in Parcel "A" as shown
on Record of Survey No. 10957, recorded under instrument number 2017-057093;
Thence on the boundary line of said Parcel "A", 165.46 feet on the arc of a curve to the left, having a
radius of 200.00 feet, a central angle of 47° 24' 01", and whose long chord bears North 32° 32' 36" East,
160.78 feet to a point on the southerly right of way of West State Street;
Thence leaving said southerly right of way, North 01° 20' 20" East, 35.00 feet to a point on the centerline
of West State Street;
Thence on the centerline of West State Street, South 88° 39' 42" East, 228.88 feet to a point of
curvature;
Thence 165.96 feet on the arc of a curve to the right, having a radius of 263.00 feet, a central angle of
36°09' 20", and whose long chord bears South 70° 34' 59" East, 163.22 feet;
Thence South 52° 30' 19" East, 159.35 feet to the POINT OF BEGINNING.
The above described area contains 11.21 acres, more or less. \ 1) LA
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PREPARED BY: a 5 (1 "
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The Land Group, Inc.
Michael Femenia, PLS . . '9T� O� \17'
11(,),/22,/2C?()
462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208,939.4041 thelandgroupinc.com
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EXHIBIT "C"
Affidavit of DONALD NEWELL on behalf of LANDMARK PACIFIC DEVELOPMENT, INC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DONALD NEWELL,who being first duly sworn under oath. deposes and says:
1. I am DONALD NEWELL, who is the President of Landmark Pacific Development,
Inc.. whose mailing address is P. O. Box 1939, Eagle, ID, 83616 ("Landmark Pacific
Development, Inc.").
2. Landmark Pacific Development, Inc., is the fee simple owner of the parcel of real
property described on Exhibit A, (the "Property").
3. Landmark Pacific Development, Inc., 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 12 'day of , 2022,
by and between the City of Eagle, a municipal corporation in the State of Idaho, and
Donald Newell. Landmark Pacific Development, Inc. (the "Agreement").
DATED this 2-Itlay of \ V\ct _ 2022
By: Land ark Pac. c Development, Inc.
BV.
Do d Newell, President
SUBSCRIBED AND SWORN to before me this \ av of t' , 2022.
�► /
KIMBERLY YELM
COMMISSION#50141 Notary Public for .. o
NOTARY PUBLIC Residing at tic _• , Idaho
STATE OF IDAHO
MY COMMISSION EXPIRES 06/15/2025 My Commission • es OkQ (2-02-S-
Page 1 of 1
K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Cove Townhomes da affidavit Newell.doc
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