Development Agreement - 2022 - Kingfisher Townhomes Amended And Restated (Formerly Predico) - 8/29/2022 ADA COUNTY RECORDER Phil McGrane 2022-075833
BOISEIDAHO Pgs=16 ANGIE STEELE 08/30/2022 11:50 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 83616
----------- ------ ------ ------
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITYOF EAGLE, a municipal corporation in the State of Idaho ("City"), by and through its
Mayor, and Eagle MF Partners,LLC. ("Owner").
RECITAL S
WHEREAS,the Owner is the owner of record of certain real estate located at,the northeast comer
'7 ol. West State Street and State Highway 44, Eagle, Idaho, 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 subject of an application for rezone,
identified as Eagle Rezone Application No. RZ-06-14 and which is si;bject to an application for rezone,
identified as Eagle Rezone Application No.RZ-06-14 MOD;
WHEREAS, Upon recordation of this Development Agreement, that certain Development
Aszreement recorded in,the real property records of Ada County, Idaho,on August 21,.1015, as instruinent
number 2015-079718 (the "Original Development AgmemenC) shall be void and of no further force or
effect on the Property; and
AqITEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Mixed Use and zoned MU--AA (Mixed Use with a development agreement);and
WHEREAS,the Owner desires to develop the property with commercial uses; and
WHEREAS, the City Council of Eagle have determined that the scope of any con-unercial
development upon the Property must be limited with the use of a development agreement to prevent lmdue
damage to,and to otherwise be in harmony with,the existing community;and
WHEREAS, the intent of this Development Agreement is to protect the right-, of Ownees use and
eqJoyment of the Property while at the same time limiting any adverse impact14 of the developynew upon
neighboring properties and the. existing communityy and ensuring the Property is developed in a fnanner
consistent with Eagle's Comprehensive Plan.and City Code;and
WHEREAS, the Owner has agTeed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has previously consented to a MU-DA (Mixed Use with a
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Itecording 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 L m* e
AMENDED AND RESTATED 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 Eagle MF Partners,LLC. ("Ownee').
RECITALS
WHEREAS,the Owner is the owner of record of certain real estate located at the northeast comer
of West State Street and State Highway 44, Eagle, Idaho, identified as Ada County parcel Nos.
S04022 10 100 ("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-06-14 MOD-
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 "Ofigm* al Development Agreement") shall be void and of no her force or
effect on the Property; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Orur al Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Mixed Use and zoned MU-DA(Mixed Use with a development agreement);and
WHEREAS,the Owner desires to develop the property with commercial uses-and
WHEREAS, the City Council of Eagle have determined that the scope of any commercial
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 per has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has previously consented to a MU-DA (Mixed Use with a
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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 Q 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 11
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amend ig the Eagle Zoning Ordinance to rezone the Property to MU-DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ord m* ance No. 741 which became effective aver its passage, approval, and publication on August 3 1,
2015.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, 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.
3.1 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 or be required. If the City determines that any such changes require additional
public comment due to potential ftnpacts on surrounding property or the community, a public
hearing snall be held on any proposed changes in the Concept Plan and notice shall be proviaed as
may be required by the City.
3.3 The Property as depicted on the concept plan is to be developed with a combination of any office
and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations"'under the MU zoning designation(except as permitted*in Section 3.4,below).
3.4 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 " fcial Schedule of District Regulations",
existing at the time a design review application or conditional use permit application(whichever the
case may be)is made for indiviatial building use.
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All uses shown as"P"permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
■ Residential,Mobile Home(Single Unit);
■ Residential,Mobile Home(Single Unit Temporary Living Quarters);
■ Residential,Mobile Home Park-,
Adult Business-,
Automotive washing facility;
Cemetery;
Circuses and Carnivals;
• Drive-In Theatre-,
• Equipment Rental and Sales Yard;
Kennel;
■ Nursery,plant materials-,
Riding Academies Stables;
Small Engine Repair-,
Storage(fenced area),-
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application or issuance of any building permits, whichever occurs first.
Owner shall provide proof of central sewer service to the proposed commercial uses. A letter of
approval shall be provided from the Eagle Sewer District prior to issuance of any building permits.
3.6 Owner shall the the Ballantyne Irrigation Ditch within the subject property and provide an access
easement as required by the Ballantyne Im'gation Ditch Company prior to the City Clerk signing
the final plat or issuance of the first building permit,whichever occurs first.
3.7 The development is to incorporate public art, water features, or other features of *interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables,etc.).
3.8 Owner shall construct a 10-foot-wide concrete sidewalk along the frontage of State Highway 44 to
fie into the 10-foot-wide sidewalk associated with the Kingfisher Cove Townhomes. The sidewalk
shall be constructed prior to the City Clerk signing the Kingfisher Cove Townhomes final plat.
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 sub ect the Property to this Development Agreement (Exhilift C) 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.
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ARTICLE V
DEFAULT
5.1 In the event the Owners fall 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 riots 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
enjoi 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 (Agn*cultural-Residential) zonig designation until City enacts and records an ordinance
changing the property to the A-R(Agriculuiral-Resident ial)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any to provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall,to any extent,be held ffivalid or
unenforceable, the remainder of this *instrument shall nevertheless remain in fall force and effect and that
portion determied 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 ari'sing 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
ing wita the notice and hear C -
ing provisions of Idaho ode Section 676509, as required by
comply
Eagle City Code Section 8-10-1.
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r"'I *
8.2 Para"a h Headings. inis 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 R:epresentation. 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,Idaho 83616
Owner: Eagle MF Partners,LLC
Attn: Michael Wright
6016 South Ruby Ridge Cove
Salt Lake City,Utah 84121
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 fonn 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 used 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 falls to comply with the to 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 Prod ect
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-,
i *
F. Bring an action for damages,Miunctive 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 Authorily to:inter 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 anti onized by all necessary corporate or ,LC)action, and necessary corporate or
ITC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
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IN WITNESS WHEREOF,the partie have executed this Development Agreement.
DATED this day o 2022.
CITY OF EAGLE,a municipal corporation organized
and existing under the laws of the State of Idaho
By-4-
son iierceAayor
A EST:
01W
racy E. 0 M Ity c1re
4j
STATE OF IDAHO
ss.
County of Ada
[
On this i A
day of V10 ON 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.
4 X
,*!j C S EArC**
0
N ta)4Publ or Idaho
%
C)
nTA Residm* g at.-
RV%.�P% E&qw
NAU
My Commission Ex'p' ires.
B
No.
0V*#
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Eagle MF Partners,ITC
By: 1A
is ae I . Wright,Member
STATE OF
I.V% atc. a : ss.
Countyof
n this day of A M - ,2022,before the undersigned notary public in and for
the said state,personally appe 1 I : . WRIGHT,known and identified to me to be a Member
of EAGLE MF PARTNERS,LLC, 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.
.. Notary Public•California No iie for t
z '.
San Diego County
Commission#2405354 Residing at. 4 re• ; tyU 1
" **My Comm.Expires May 24,2026Z.r►
My Commission Expires: l
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-1010 zt. ZiNOSHuIrvEST
FOX BOISE, ID 83705
LAND SURVEYS 208v342.7957
EXHIBIT
LEGAL DESCRIPTION
PARCEL
Portion of the Northwest Quarter of the Southeast Quarter of Section 7, Townsh� 4 North, Range 1
East, Boise Meridian,Ado County, Idaho,more particularly described as follows:
Commending at the found Aluminum Cap Monument marking the Center-East 1/16t'Corner of Section 7,
as shown on Corner Record Instrument No. 113066342,from which the found Aluminum Cap Monument
marking the Center of Section 7, as shown on Corner Record Instrument No. 111094418, bears South
9 25"51 West,a distance of 1,322.18 feet;
thence along the East 1/16h lire of Section 7 (also being the Center Line of N. Ballantyne .are),South
01020 38 West,930.27 feet to a found 5/ rebar with plastic cap stamped"BER EY PLS 5710 marking
its intersection with the southerly Blight f-Way of State Street;
thence along the Southerly right-of-way,South 5203019 East,510.43 feet to a found 5/8 Faber with
plastic cap stamped 'BE GEY PLS 5710 marking its intersection with the Northerly right-of-way of State
Highway 44
thence along said Northerly right-of-way,South 89*41'3`"West,998.61 feet to a set 5/8 rebar with
plastic cap stamped`'FLSI PLS 7612"",the POINT OF BEGINNING.,
thence continuing along Northerly right-of-way,way,South 89*41'37 West,262.34 feet to a found
copper cap stamped"FLSi PLS 13934'marking-its intersection with the Easterly right-of-way of
State Street;
thence North 41*34'54" East, 196.21 feet to a set 5/8*"'rebar with plastic cap stamped"TLSI PLS
7612
thence North 00*18'26"West,44.48 feet to a set 5 8" rebar with plastic cap stamped"FLSI PLS
`612"
thence North 89041'34 East, 131.32 feet to a set 5/8" rebar with plastic cap stamped"FLSI PLS
7612
Page 1 of 2
60 7-PAR `EL-B.doc
1515 S. SHOSHONE sr.
FOX BOISE, ID 83705
LAND SURVEYS 208*342*7957
www.fvxtandsunreyE,com
thence South 00°18'35°East, 19055 feet to the POINT OF BEGINNING.
Containing 34,592 square feet or 0.794 acres,more or less. � GLIAIV
END OF DESCRIPTION
7 ' 12
Prepared by:
Timothy J. Fox, PLS
Page Z of Z
16047-PARCEL-B.docx
FC)X 1515 S,. SHOSHONE ST
BOISE, ID 83705
LAND SURVEYS 208*342v7957
www.fox1andsupTyj...com
-------------
EXHIBIT A
LEGAL DESCRIPTION
PARCELC
A Portion of the Northwest Quarter of the Southeast Quarter of Section 7, Township 4 North, Range 1
East, Boise Meridian,Ado County, Idaho,more particularly described as follows.-
Comment rig at the found Aluminum Cap Monument marking the Center-East 1/1611,Corner of Section 7,
as shown on Corner Record Instrument No. 113066342,from which the found Aluminum Cap Monument
marking the Center of Section 7, as shown on Corner Record Instrument No. 111094418, bears South
89*25**5 1"West,a distance of 1,322.18 feet;
thence along the East 1/161h line of Section 7 (also being the Center Line of N. Ballantyne Lane), South
01*20**3r West,930.27 feet to a found 5/r rebar with plastic cap stamped"BERGEY PLS 5710 marking
its intersection with the southerly Right-of-Way of State Street,,
thence along the Southerly right-of-way,South 52*30'19" East,510.43 feet to a found 5/8"rebar with
plastic cap stamped"'BERGEY PLS 5710"marking its intersection with the Northerly rlight-of-way of State
Highway 441;
thence along said Northerly right-of-way.,South 89041'37"West,,998.61 feet to a set 5/8"rebar with
plastic cap stamped"'FLSI PLS 7612"*%
thence North 00*18"35"West,190.55 feet to a set 5/8" rebar with plastic cap stamped"FLSI PLS 7612"',
the POINT OF BEGINNING*
thence South 89*41'34"West, 131.32 feet to a set 5/8"rebar with plastic cap stamped"FLSI PLS
7612
thence South 00*18'26"East,44.48 feet to a set 5/8"rebar with plastic cap stamped"'FLSI PLS
76'12
thence South 41*3454"West, 196.21 feet to the intersection of the Northerly night-of-way of
State Highway 44 and the Easterly right-of-way of State Street marked by a found copper cap
stamped"'IFS I PLS 13934";
Page I of 2
16047-PARCEL-C.docx
1515 S. SHOSHONE ST
F( BOISE, ID 83705
W, 'Ado
LAND SURVEYS www. 208.3417957
.
thence along the said Easterly Fight-of-way, North *18'21"West,255.92 feet to a found 5/8
rebar with plastic cap stamped ""BERGEY PLS 5710"
thence continuing slang Easterly right-cif-way,along a curve to the right,having a radius of
228.00 feet,a delta angle of 24*56"14",an arc length of 99.23 feet,and subtended by a chord
bearing North 12*09"46"East,98.45 feet to a set 5/8 Faber with plastic cap stamped"'FLS1 PLS
7
thence South 65`054'21"East,52.92 feet to a set 5/8+"'rebar with plastic cap stamped"FLS1 PLS
761
thence along a curve to the left,having a radios OT 2 .00 feet,a delta angle of 5751"04",an arc
length of 201.94 feet,and subtended by a chord bearing North 85*10" 7"East,193.47 feet to a
set 5/8 reb r with plastic cap stamped""FLSI PLS 7612
thence South 00 18";35"East, 154.90 feet to the POINT OF BEGINNING.
Containing 50,560 square feet or 1.160 acres,more or less
END OF DESCRIPTION
12 0
Prepared by
Of
Timothy J. Fox, PLS
Page 2 of 2
1515 S. SHOSHONE ST
FO X*. BOISE, ID 83705
208*342*7957
LAND SURVEYS www. sr
EXHIBIT
LEGAL DESCRIPTION
PARCEL..
A Portion of the Northwest Quarter of the Southeast Quarter of Section 7, Twnsh North, Range 1
East, Boise Meridian,Ado County, Idaho, more particularly described s follows.
Commencing at the found Aluminum Cap Monument marking the Center-East 1/161,Corner of Section 7,
as shown an Garner Record Instrument No. 1 30 6342,from which the found Aluminum Cap Monument
marking the Center of Section 7, as shown are Corner Record Instrument Na 111094418, bears South
89 25 51*'West,a distance of 1,322.18 feet;
thence along the East 1/1601 lire of Section 7 (also being the Center Line of N. Ballantyne Lane),South
01020"38 West,t,930.27 feet to a found 5/ rebar with plastic cap stamped"BERGEY PLS 5710"marking
its intersection with the southerly Right-of-Way of State Street;
thence along the Southerly right-of-way..South S2*30'19 East,510.43 feet to a found 5/8 rebar with
plastic cap stamped BERGEY PLS 571 marking its intersection with the Northerly right-of-way of State
Highway
thence along said Northerly right-of-way,South 89*41*37"West,998.61 feet to a set 5/8 rebar with
plastic cap stamped"FLSI PLS 7612
thence North 18'f35-'West,345.45 feet to a set 5/ rebar with plastic cap stamped""FLSI PLS 7612 1
the POINT OF BEGINING
thence along a non-tangent curve to the right,having a radius of 200.00 feet,a delta angle of
57*51 04",an arc length of 201.94 feet,and sub encled by a chord bearing South 5*10'07
West, 193.47 feet to a set 5/8"' rebar with plastic cap stamped "'FLS1 PLS 61
thence North 65054'21"West,52.92 feet to a set 5/8" rebar with plastic cap stamped*'FLS1 PLS
7 12****an the Southeasterly right-of-way of State Street*
thence along the Southeasterly right-of-way,along a non-tangent curve to the right, having a
radius of 228.00 feet,a deity angle of 66* 2° 7 ,an arc length of 265.45 feet,and subtended by
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1515 S. SHOSHONE ST
BOISE
ID 83705
LAND SURVEYS 208a3421957
a chord bearing North 57 59' 7" East, 250.71 feet to a found 5/ " rebar with plastic cap
stamped "BERGEY PLS 571 "
thence continuing along Southeasterly right-of-way,South 88°39'40"East, 115.03 feet to a set
5/8" rebar with plastic cap stamped"'FLSI PLS 7612"
thence along a non-tangent curve to the right,having a radius of 200.00 feet,a delta angle OT
47023 56",an arc length of 165.45 feet,and subtended by a chord bearing South 32032,36
West, 160.78 feet to the POINT OF BEGINNING.
Containing 38..443 square feet or 0.882 acres, more or less. t
END OF DESCRIPTION ..
Prepared b
Timothy J. Fox,PLS
Page 2 of 2
r.
U�
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EXHIBIT"C"
Affidavift of MICHAEL D.WRIGHT on behalf of EAGLE MF PARTNERS,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
MICHAEL WRIGHT,who being fi rst duly sworn under oath,deposes and says:
1. 1 am MICHAEL D. WRIGHT, who is a Member of Eagle MF Partners, LLC, whose
mailing address is P.O. Box 2454, Ranch Santa Fe, CA, 92067 ("Eagle MF Partners,
LLCII),
2. Eagle MF Partners,LLC,is the fee simple owner of the parcel of real property described on
Exhibit A,(the"Property").
3. Eagle MF Partners,LLC,authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions se forth in Idaho Code Section 674651 IA and Eagle
City Code Section 8-10-1 dated the Uay of,4vc..vs 2022, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Michael D. Wn*ght, Eagle
MF Partners'.LLC.(the"Agreement
DATED this '7day of 614 2022
By.- Eagle MF Partners,LLC
BY
Michael D.Wright,Member
SUBSCRIBED AND SWORN to before me this I S day of u.%+ 12022.
TANYA'V
ELAZ-QUEZ
Notary Pubtic-California Nkary Public for-fdahtr aALt f;Fr,'kt CY
San Di"o county
r.
COMMWjOn#2405354
Comm Residing at
my .
Upires May 24,2026
My Commission expires-i M �6
2
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KAPIanning DeptTagle Applications\SUBS\2020\Kingfisher Townhomes\Working Files\Kingfisher Cove Townhomes da affidavit Wrightdoc