Development Agreement - 2022 - Skyview Subdivision - 6/28/2022 ADA COUNTY RECORDER Phil McGrane 2022-061025
BOISE IDAHO Pgs=16 VICTORIA BAILEY 07/05/2022 08:53 AM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O.Box 1520
Eagle, Idaho 8361.6
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, STEVEN RICKS ("ownec) and LENNAR HOMES OF IDAHO, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel No. S0412314900 ("Property"), as specifically defined in the attached legal description (Exhibit
A)which is the subject of an application for Rezone identified as Rezone Application No. RZM6-21;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition--Ada County designation);and
WHEREAS, the Owner desires a R-9-DA (Residential with a development agreement) and a
MU-DA (Mixed Use with a development agreement) zoning classification to develop a residential and
commercial uses on. the above described property,which is herein referred to as the"Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any 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 Eagles Comprehensive Plan and City Code;and
WHEREAS,the Owner has agreed to the us 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)and a MU-DA(Mixed Use 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(Exhibits B-I and B-2)pursuant to Eagle City Code Section 8-10-I(CX1)and be
bound by same;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, STEVEN RICKS ("Owner")and LENNAR HOMES OF IDAHO, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel No. SO412314900 ("Property"), as specifically defined in the attached legal description (Exhibit
A)which is the subject of an application for Rezone identified as Rezone Application No. RZ-06-21;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation);and
WHEREAS, the Owner desires a R-9-DA (Residential with a development agreement) and a
MU-DA (Mixed Use with a development agreement) zoning classification to develop a residential and
commercial uses on the above described property,which is herein referred to as the"Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any 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
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)and a MU-DA(Mixed Use 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(Exhibits B-1 and B-2)pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same;and
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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 67-6511A 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) and MU-DA
(Mixed Use 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 8.14 dwelling units per acre (125 single-family
attached dwellings).
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.
3.2 The Concept Plan(Exhibit C)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
(center landscape island, street trees, pool, pool house, tot lot, and pathways) shall be required
design elements as part of the final design for the site.
3.5 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail, office, and bank/financial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations"under the MU (Mixed Use) zoning designation (except
as limited in Section 3.6, below). Buildings shall not exceed 7,000-square feet in size. The total of
the commercial buildings shall not exceed 23,000-square feet.
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3.6 All uses shown as "P" permitted under the R-9 (Residential) and MU (Mixed Use) zoning
designations 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
(Mixed Use) zoning designation shall require a conditional use permit within the MU(Mixed Use)
area.
The following use which is shown as "C" conditional uses under the MU (Mixed Use) zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall
be a permitted use within the MU(Mixed Use)area:
• Retail sales(limited)
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:
• Equipment rental and sales yard;
• Kennel;
• Laundry with drive up service;
• Live entertainment events;
• Nursery,plant materials;
• Personal wireless facilities(height over 35 feet);
• Small engine repair;
• Storage(enclosed building)
• Storage(fenced area)
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows
up to ten percent (10%) of the gross land area to be directed to other commercial uses that are not
allowed with the land use district, a Restaurant (with drive-through) use shall be permitted on one
(1)lot within the Property.
3.6.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty-
eight-inch (48") tall buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-through lanes and the adjacent roadway
to reduce the impact of the vehicles utilizing the drive-through lanes (i.e. vehicle headlights
and vehicle cueing).
3.7 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, fencing, private alleys, 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 the requirement cannot be modified and the homeowner's 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 Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) 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
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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.
3.8 A letter of approval shall be provided to the City from the Eagle Sewer District indicating all 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 conditions prior to the submittal of a final plat application. A letter of approval shall
be provided to the City from the Eagle Sewer District approving construction plans for each final
plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.9 Owner shall comply with the Idaho Power Company requirements regarding the separation distance
between an electrical transformer and structure.
3.10 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design Book
(EASD Book). Architecture styles and building design elements that are not shown with the EASD
Book will not be permitted. The Design Review Board and City Council shall review and approve
the detailed architectural plans for the development prior to the issuance of building permits.
3.11 Owner shall submit a design review application 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
from the commercial area,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)detailed architectural plans for the pool house, 7)design of the tot lot, and 8) 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 provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or
equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation.
The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing
use of smaller residential streets. The plan will also cite that compression braking is prohibited
everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-
contractors and for monitoring compliance.
3.14 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.
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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 (Exhibits B-1 and B-2) and be bound thereby,
and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1,use of the property shall be limited to those uses allowed within an
A-R (Agricultural-Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R(Agricultural-Residential)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall,to any extent,be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party)and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
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ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
City: City of Eagle
660 E. Civic Lane
Eagle,ID 83616
Owner: Lennar Homes of Idaho
Attn:Jeffrey Clemens
9169 West State Street, Suite 1101
Garden City, ID 83714
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees,together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City, City may draw on the deposit to pay its invoice. If the 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
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actually incurred by City and invoiced,then following thirty (30) days of written notice of such failure
from City, City may draw upon the financial assurance provided by the Owner. Thereafter,if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance(whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of
all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit,as applicable. City's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in
Section 8.7.
8.7 Default.In the event Owner fails to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owner,exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
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/if day of d 2022.
CITY OF EAGLE, a municipal corporation organized
and existing un.- •- laws of the State of Idaho
By:
,,,,,,,,,,,,,,,,,�ason Fierce,Mayor
G GLE ,
A j
•
raill-E. rn, City Clerk = U ••oo ♦' \ • x
$ ,0
STA, '0.•.•
STATE OF IDAHO )
: ss.
County of Ada )
r
On this day of J
'U(J v NU ,2022,before the undersigned notary public in and for
the said state, personally appeared JASON 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. '
-I C
\,,, C SEA,''•.
.•` •• ••••••••� C' '•% .� Notary ' • is for Idaho
,2. r10TAR,, A Residing at: '�G�o) U. 1
• •N L My Commission Expires: 2. f. Z�
• :
• • :
••PUBLIC
••.() ,
+•.1.n).No.51;•• .��,
FOF 19 •
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OWNER:
STEVEN RICKS
t 4
By:
Steven icks
STATE OF IDAHO )
. ss.
County of Ada )
I
On this o '7/ti day of (4 y ,2022,before the undersigned notary public in and for
the said state, personally appeared'STEVEN RICKS, known and identified to me to be an owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF,I have hereunto set my hand seal the day and year first above
written.
CAMERON REAVIS
otary Pub lc r Idaho
Notary Public-State of Idaho I Residing at: (,,Se,, IcittA0
Commission Number 20200763 I My Commission Expires: F% c2 oa 6
My Commission Expires Feb 28, 2026
LENNAR HOMES OF IDAHO,LLC,a foreign limited
liability p
By:
Je y Clemens,Vice President
STATE OF IDAHO )
: ss.
County of Ada )
On this 2ezlay of Ma y ,2022,before the undersigned notary public in and for
the said state, personally appeared JEFFREY CLEMENS, known and identified to me to be the Vice
President of LENNAR HOMES OF IDAHO,LLC,known or identified to me to an 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 an ear first above
written.
Notary Public for Idaho
JESSICA LUPTON M Residing at: J, X On CM)
COMMISSION#20212435 My Commission E pires:rj I,2 2-021
NOTARY PUBLIC
STATE OF IDAHO ,
)1JIY_
COMMISSION EXPIRES 06/21/2027
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INDEX OF EXHIBITS
A - Legal Description
B-1 - Affidavit of Steven Ricks(Owner)
B-2 - Affidavit of Lennar Homes of Idaho, LLC(Owner)
C - Concept Plan
D - Fencing Plan
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Figure 1 RECEIVED& FILED
Exhibit"A" CITY OF EAGLE
Skyview Subdivision—Annexation Description APR 2 8 2021
Project No. 10-20-146 March 29, 2021 File:
Route to:
A tract of land situate in a portion of the southwest quarter of Section 12 of Township 4 North, Range 1
West,Boise Meridian,City of Eagle,County of Ada,State of Idaho,and being more particularly described
as follows:
Commencing at the north quarter corner of said Section 12;
thence from said Point of Commencement, South 00°32'04" West, coincident with the east line of the
northwest quarter of said Section 12,a distance of 2,640.27 feet to the center quarter corner of said Section
12; thence South 00°27'05"West,coincident with the east line of the southwest quarter of said Section 12,
a distance of 592.65 feet to the southeast corner of the plat of Springhouse Subdivision, recorded in Book
110 of Plats,at Pages 15837 through 15842, Ada County Records, said corner being the Point of Beginning
of this description;
thence from said Point of Beginning, continuing South 00°27'05"West, coincident with the east line of
the southwest quarter of said Section 12, a distance of 803.34 feet to the point of intersection of said east
line with the centerline of State Highway 44; thence coincident with said centerline,along the arc of a non-
tangent curve to the left, concave southerly, having a radius of 22,918.31 feet, through a central angle of
1°17'56.7", an arc length of 519.64 feet, and a chord bearing South 84°44'04" West, a distance of 519.62
feet; thence leaving said centerline, coincident with the southwesterly bank of the Middleton Mill Ditch
Canal and its southeasterly projection,the following two(2) consecutive courses and distances:
1. North 54°03'58"West,a distance of 198.01 feet,and
2. North 59°01'15" West, a distance of 751.41 feet to a point on the easterly line of
the plat of Sedona Creek Subdivision,recorded in Book 86 of Plats,at Pages 9715
through 9717,Ada County Records;
thence North 00°38'41"East,coincident with said easterly line, a distance of 282.00 feet to the southwest
corner of the aforesaid Springhouse Subdivision; thence coincident with the southerly lines of said
Springhouse Subdivision,the following four(4) consecutive courses and distances:
1. along the arc of a non-tangent curve to the left,concave northerly, having a radius
of 600.00 feet, through a central angle of 9°59'02", an arc length of 104.55 feet,
and a chord bearing North 82°59'3I"East,a distance of 104.42 feet,
2. North 78°00'00"East, a distance of 230.00 feet,
3. along the arc of a tangent curve to the right,concave southerly,having a radius of
800.00 feet,through a central angle of 12°50'00",an arc length of 179.19 feet,and
a chord bearing North 84°25'00"East, a distance of 178.81 feet,and
March 29,2021 10-20-146_Skyview Annex Desc.docx Page 1 of 2
2760 West Excursion Lane,Suite 400,Meridian, ID 83642-5313 ii' www.iub.com /' 208.376.7330
RECEIVED& FILED
CITY OF EAGLE
APR 2 8 2021
4. South 89°10'00"East, a distance of 818.65 feet to the Point of Beginning. File:
Route to:
Containing an area of 20.62 acres of land,more or less.
The above-described tract of land is shown on Exhibit"B"attached hereto and made a part hereof.
End of Description.
J-U-B ENGINEERS,Inc.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed without the written consent of Timothy Harrigan, PLS,all professional liability associated with
this document is hereby declared null and void.
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March 29,2021 10-20-146_Skyview Annex Desc.docx Page 2 of 2
EXHIBIT`B-1"
Affidavit of STEVEN RICKS
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
STEVEN RICKS,who being first duly sworn under oath,deposes and says:
1. I am STEVEN RICKS, whose mailing address is 3085 Terra Drive, Boise, ID, 83709
("Steven Ricks").
2. Steven Ricks is a fee simple owner of the parcel of real property described on Exhibit A,
(the"Property").
3. Steven Ricks authorizes the submission of the Property to certain Development Agreement
pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the 24 day of S ji , , 2022, by and between the City of
Eagle,a municipal corporation in the State of Idaho,and Steven Ricks. (the"Agreement").
DATED this z�-f' day of rin A} ,2022
By: Steven Ricks
By:
Steven Ricks
SUBSCRIBED AND SWORN to before me this day of /''L O )f ,2022.
CAMERON REAVIS I Notary Public for Idaho
Notary Public-State of Idaho ' Residing at /�G'/5e ,Idaho
Commission Number 20200763 I My Commission expires Fe c,212:26,
My Commission Expires Feb 28, 2026
almilimariemeinqpistmenipmpueremillrih
Page 1 of 1
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub Ricks da affidavitdoc
EXHIBIT"B-2"
Affidavit of JEFFREY CLEMENS on behalf of LENNAR HOMES OF IDAHO,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
JEFFREY CLEMENS,who being first duly sworn under oath,deposes and says:
1. I am JEFFREY CLEMENS, who is the Vice President of Lennar Homes of Idaho, LLC,
whose mailing address is 9169 West State Street, Suite 1101, Garden City, ID, 83714
("Lennar Home of Idaho").
2. Lennar Homes of Idaho is the fee simple owner of the parcel of real property described on
Exhibit A,(the"Property").
3. Lennar Homes of Idaho authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in,^IdOo Code Section 67-6511 A and Eagle
City Code Section 8-10-1 dated the 25 day of I Vl , 2022, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Jeffrey Clemens, Lennar
Homes of Idaho,LLC. (the"Agreement").
DATED this 'day of elt , 2022
By: Lennar Homes of Idaho,LLC
By:
Je y Clemens,Vice President
rAin
SUBSCRIBED AND SWORN to before me this 2G) day of MOM ,2022.
1 JESSICA LUPTON Notary Public for Idaho
{ COMMISSION#20212435 Residing at CU LJOh (,0„1WL Idaho
• NOTARY PUBLIC My Commission expires J 2�' 0221
STATE OF IDAHO /
MY COMMISSION EXPIRES 06/21/2027
ter_. ter►
Page 1 of 1
K:\Planning Dept\Eagle Applications\SUBS\2021\Skyview Sub\Skyview Sub Lennar da affidavit.doc
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