Development Agreement - 2015 - Bel Air Eagle - 5/26/2015Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
SCANNED
ADA COUNTY RECORDER Christopher D. Rich 2015-044495
BOISE IDAHO Pgs=16 CHE FOWLER 05/2612015 08:11
AM
FEE
CITY OF EAGLE
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For Recording Purposes Do
Not Write Above This: Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This 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 ("Eagle"), and BEL AIR .EAGLE, LLC, ("Owner"). Upon recordation of
this Development Agreement, that .certain Development Agreement recorded in the real property records
of Ada County, Idaho, on October 25, 2007, as instrument number # 107145957 (the "Original Development
Agreement") shall be void and of no further force or effect
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 22.17 -
acres generally Located at the southwest corner of West Old Valley Road and North Linder Road, Ada
County Parcel Numbers, R1527451303, R1527451304, R152745I315, and R1527451707,("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-20-06 and which is subject to an application for modification of development agreement, identified
as Eagle Rezone Modification Application No. RZ-20-06 MOD2; and
WHEREAS, 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 -DA (Mixed Use with a development agreement); and
WHEREAS, Owner desires to develop the Property with a multi -family residential development
consisting of 14 -buildings (13 -multi -family buildings containing 300 -dwelling units and one (I) club
house) as generally shown on the Concept Plan (Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any residential project
upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, Owner have agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the Mixed Use District ("MU -DA") zoning
designation for the Property with the requirements set forth in the Original Development Agreement as
replaced by this Amended and Restated Development Agreement; and
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this. Development. Agreement, are
to be used in lieu ofthe conditional use process; and
WHEREAS, Owner have provided Eagle with affidavits agreeing to submit the. Property to a
development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed
as follows:
ARTICLE 1
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-651 IA and Eagle City Code, Title 8, Chapter 10.
ARTICLE Ii
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending 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 Ordinance No. 578 which became effective after its passage, approval, and publication on November 5,
2007.
ARTICLE 111
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 design review,
preliminary and final plat reviews, condominium 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 B) represents the Owner's current concept for completion ofthe Bel Air
Eagle project, a multi -family residential 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 Plant, notice
shall be provided as may be required by the City.
3.3 The multi -family dwellings (Exhibits D 1-3), club house, and required parking structures 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.
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3.4 The Owner shad submit a DesigniteView application for the site(airequired by Eagle City Code)
and shall comply with alt conditiona:requirecl by the City of Eagle as a part ofthe:Design Review
prior to issuance of a zoning certifiCate. :
3,5 The total number of residential units shall not exceed 300 -units in the aggregate. Development of
the residential portion of the Property will be permitted and future conditional use permits for the
residential development will not be -required.•.:
3.6 The proposed building height of the multi -family structures shall not exceed 43 -feet in height
3.7 Upon completion of the project the following shall apply:
(a) Owner shall have the duty to maintain and operate all of the tandacape areas in a competent
and attractive manner, including:the watering, mowing, fertilizing and caring for shrubs and
trees, in accordance With E4gto city Code; in perpetnity.
(b) Parking shall only be allowed in the designated parking areas.
(c) Owner shall have the duty to:Maintain-and operate all Of the drive aisles/parking areas including
the repair and replacement ofasphalt and sidewalks.
(d) The storage of recreational vehicles, utility traders, etcwithin the development shall be
prohibited.
3.8 The setbaeks shall bt.as follows:
Front (east property Iine) .20 -feet
Rear (West property line) 20 -feet
Interior Side (south property line) 7.5 -feet
Street Side (north property line) 20 -feet
Structure: separation 20 -feet
Maximum coverage 50%
3.9 Owner's property shall be annexed into the Eagle Sewer District's service bo iwies and Shall
comply with all applicable Eagle Sewer District's regulations and conditiOna:kior to the issuance
of any building': perMits. A letter of approval shall be provided 6the City from the Idaho
Department of Health and Welfare, Division of Environmental Quality, and/or. Central District
Health, prior t� iaatninceofany building permits.
3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon .approval by the Army Corps of Engineers,
Idaho Fish & Game DepartMent (if applicable), the Idaho Department of Water Resources (if
app 1 icable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle. Comprehensive Plan and City Code-, Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
3,11 Owner shall provide a conservation easement to protect the existing riparian vegetation area located
adjacent to the Boise River) from encroachments and/or rettoval. The conservation easement shalt
be executed and recorded :prior to. the issuance of a zoning certificate for the construction of
buildings on the property:.
3,12 Owner shall provide and construct a minimum 10 -foot wide greenbelt pathway along the portion
of the Property located adjacent to the.Boise-River. The specific location and design of the pathway
shall be approved by the: city of Eagle Park and Pathway Development Commission prior to
submittal of a design review aPpliCatiOri. The greenbelt pathway Shall be located in a recorded
pedestrian access easement or easements dedicated to and accepted by Eagle. The greenbelt
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pathway shall be completed in its entirety prior to the City issuing a Certificate of Occupancy for
the multi -family structures.
3.13 Owner shall provide a club house and pool as generally depicted on the Concept Plan. The intent
of the club house is to provide a venue for meetings and activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and approved
by the Eagle Design Review Board and Eagle City Council prior to the issuance of a certificate of
occupancy.
3.14 The landscaped areas (i.e. buffer berms, open areas, and landscaped areas located adjacent to the
multi -family structures), shall be irrigated from a pressurized irrigation system,
3,15 Owner shall provide documentation of an approved 404 -Permit for work within any wetlands on
site prior to the City issuing a zoning certificate for the property.
3.16 City of Eagle approvals shall be subject to any FEMA requirements.
3.17 Provide the City with documentation showing the location of the easement providing access to the
Pioneer Ditch Company irrigation head gate.
3.18 The applicant shall comply with the requirements of the Ada County Highway District (ACRID),
including but not limited to approval of access to public roads, drainage system; curbs, gutters,
streets, and sidewalks prior to the issuance of building permits.
3.19 Owner shall work with the Eagle Parks and Recreation Director and Eagle Parks and Pathway
Development Commission to formalize an agreement for dedication of an area for a "Sportsman
Access." The "Sportsman Access" shall contain a paved parking area for a minimum capacity of
fifteen (15) vehicles for pedestrian access to the Boise River and the greenbelt pathway from South
Linder Road. The applicant shall also be required to stub. central sewer and potable water lines to
the site. The formalized agreement shall be provided prior to the submittal of a building permit
application. Nothing in this condition shall limit the City from additional site improvements,
however, any improvements beyond those stated herein shall be at the sole cost of the City.
3.20 Owner shall be required to pay the required City of Eagle Storage Trunk Line (STL), Water
Construction Equivalency (WCE), and water hook-up fees as applied per Equivalent Residential
Customer (ERC) at the time of issuance of a building permit for each building.
3,21 Owner shall provide playground equipment (tot lot) to be reviewed and approved by the. Design
Review Board.
3.22 Owner shall provide correspondence from Republic Services approving the locations of all
proposed trash enclosures.
3.23 Building "B5" (as identified in Exhibit "B") shall be setback 60 -feet from the property line for any
portion of the building that is two -stories tail and setback 80 -feet from the property line for any
portion of the building that is three -stories tall.
3.24 The parking ratio for the site shall be 1.8 -spaces per residential unit.
3.25 The landscaping located between Building "B5" and Lots 11-13, Block 1, HCR/Level 3
Subdivision shall be heavily landscaped. The landscape plan shall be reviewed and approved by
the Design Review Board prior to issuance of a zoning certificate.
3.26 Owner shall exchange approximately 87 -feet of the existing open style fencing located between
Lot 10, Block 1, HCR/Level 3 Subdivision and Property with solid style fencing to match the solid
style fencing currently located in proximity to the site. The proposed fencing shah be reviewed and.
approved by the Design Review Board prior to the issuance of a zoning certificate.
3.27 Owner shall be required to construct a two (2) stall public restroom in proximity to the "Sportsman.
Access" The cost of construction of the public restroom shall be reimbursed by City by offsetting
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the required park impact fees received for the project. The public restroom shall be dedicated to
City and upon dedication maintained by City..
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner 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. 67-6511A and Eagle City -Code Section 8-10-1 shall be
provided and is incorporatedherein by reference;.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to.comply with -the .commitments -set forth herein, within thirty (34)days
of written notice of such failure :from. Eagle, Eagle shall have the right, without prejudice to any other
rights or remedies, to cure, such default or enjoin such violation and otherwise enforce the requirements
contained in this Development Agreement or to terminate the Development Agreement following the
process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in .a court of : law or equity to enforce any provision of this Development
Agreement, Eagle shallbe 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 Agreementfor its extension being in process in
accordance with the notice and hearing provisions: of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A -R
(Agricultural -Residential) zoning designation until Eagle enacts andrecords an ordinance changing the
property to the A-R.(Agricultural-Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 53 above, if any term, provision,commitment; or restrictionof this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this instrument shall nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s) (or other
appropriate party.) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution., the Development Agreement shall be recordedin 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 appurtenantto and for the benefit of the Property, adjacent property, and other residential
property near the Property and shall run with the land. 'Phis Development Agreement shall be binding on
the Owner and owners, and -their respective heirs, administrators, executors, agents, legal representatives,.
successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers
shall thereupon be released and discharged from any and all obligationsin connectionwith the property
sold arising under this Agreement. The new owner of the Property .or any portion thereof (including,
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without limitation, any owner who acquires its interest by foreclosure, trustee's sale ar otherwise) shall be
bound by and liable for all commitments and other obligations arising under this Agreement with respect
to the Property ar 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 67-6549, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph readings. 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
inconnection with this Development Agreement shall be brought in a court of competent jurisdiction
located in Ada County, Idaho...
8.4 Leual Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices, Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to.
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: Bel Air ,Eagle, LLC
Attn: Ronnie Guerrero
2500 North Dallas Parkway, Suite 424
Plano, Texas 75093
Or such otheraddress 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 Flpanct#,l,Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to provide.
adequate financial assurance to Eagle, to secure the payment of any defened balance of the attorney fees
and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owners an
estimate for the anticipated attorney fees and engineering fees associated with this Agreement, The Owners
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 ternts of this Agreement. Thereafter, Eagle shall bill Owners for such fees,
adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle
and as invoiced to the Owners or, if Owners have trade a cash deposit with Eagle, Eagle may draw on the
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deposit to pay its invoice. If the financial..assurance. deposited by Owners is in the form of a. letterof credit,
and if the Owners fail to make payment for.such fees when actually incurred by Eagle and invoiced, then
following thirty -(30) days of written notice.of such failure from Eagle, Eagle may draw upon the financial
assurance provided by the Owners. Thereafter; if the then current estimated fees still to be paid exceeds the
amount.ofthethen current balance of the financial=assurance (whether it be. in the form of a cash depositor
a letter of credit),the Owners shall replenish- the financial assurance:and shall: become current aS to all
outstanding fees owed. Upon payment in frit! of all attorney fees and engineering fees, Eagle.shall release
to the Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon
the financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V.or-in Section 8.7.
8.7 Default. In the event Owners fail to comply with the terms and conditions. hereof in any material
respect, the City may, without further notice to Owners, 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 suretyffinancial guarantee of performance,:collected pursuant
to Section 8.6 of this Development Agreement and :Section 94-2=2 of the City Code;
F. Bring an action for damages, injunctive relief, specific. performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signning and execution of
this agreement by both parties.
8.9 Authority to Enter into Aareement: Ey 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)
resolutions) have been executed for the undersigned representatives to sign this Agreement and so bind
their respective parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this
day of l'9LLU{ , 20I5.
CITY OP EAGLE, a municipal corporation
organized and existing under the laws of the
Sta e of Idaho
By,
es D. Reynold
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or
ATTEST:
By:
Sharon K. Bergmann,'.City Clerk
STATE OF IDAHO
County of Ada
Owner: Bel Air EagJ 4:Li
By
Ronny. Guerrero, President & CEO
On this. Pf day of i ;.2015, before the undersigned notary public in and for
the said state, personally appeared hffES D. REYNOLDS, known or identified to me to be the Mayor of
the City of Eagle and the person who executed the foregoing instrument on behaifofsaid City and
acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, t have -.hereunto set my hand and seal the day and year first above
written.
STATE OF TEXAS
: ss.
County of Dallas
Notary Pu o.ld
Residing a
My Commissi ' n Expires:
OO V •rI
6y ♦\ p', RY
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PO'
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vytl 1 T R a1ti
On this 5 day of t , 2015, before the undersigned notary public in and for the said
state, personally appeared 110IwN?G1JERRERO, known or identified to me to be the President and CEO
of Bel Air Eagle, LLC, that executed the within and foregoing instrument, or the person .who. executed the
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and seal the day and year first above
written.
NATALYA S: KNAZANQVICH
'' t
- Notary Public; State of Texas
, MY Commission Expires
7;*;;;;.?December:08, Z017
Notary Pub c, State of Texas
Residing at: r Carl t
My Commission Expires: � e, zoo
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INDEX OF EXHIBITS
A Legal Description of Property
B Concept Plan of Property
C — Affidavit of Owner Agreeing to Submit Property to Development Agreement
D(1-3) — Typical Housing Styles
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EXHIBIT "A"
March 26, 2015
DESCRIPTION FOR BEL AIR EAGLE
A parcel of land being a portion of Lots 13 and 14 of the Compton Andrew Tract
as filed in Book 5 of plats at Page 223, records of Ada County, Idaho located in the SE
1/4 of the SE 1/4 of Section 11 and a portion of Govemment Lots 1 and 12 of Section
14, T.4N., R.1W., B.M., Eagle, Ada County, Idaho, more particularly described as
follows:
Commencing at the SE corner of said Section 11 from which the E1/4 comer of
said Section 11 bears North 00°49'06" East, 2645.31 feet;
Thence North 89°27'45" West, 48.00 feet to a point on the West right-of-way
line of N. Linder Road, said point being the REAL POINT OF BEGINNING;
Thence along said West right-of-way line South 00°40'45" West, 1,172.02 feet
to a point on the mean high water line of the right bank of the Boise River;
Thence leaving said West right-of-way line and along said mean high water line
the following 5 courses:
Thence North 82°19'21" West, 138.55 feet;
Thence North 35°37'28" West, 63.97 feet;
Thence North 70°07'08" West, 229.91 feet;
Thence North 63°08'47" West, 122.49 feet;
Thence North 38°24'28" West, 168.75 feet to a point on the West boundary line
of Lot 14 of said Compton Andrew Tract;
Thence leaving said mean high water line and along said West boundary line
North 00°40'36" East, 1,298.40 feet;
Thence leaving said West boundary line North 89°34'47" East, 170.00 feet;
Thence North 00°40'36" East, 100.00 feet to a point on the South right-of-way
line W. Old Valley Road;
Thence along said South right-of-way line North 89°34'47" East, 440.38 feet to
a point on the West right-of-way line of N. Linder Road;
Thence along said West right-of-way line South 00°49'06" West, 567.16 feet to
the REAL POINT OF BEGINNING. Containing 22.18 acres, more or less.
RECEIVED & FILED
CITY OF EAGLE
DEC
IOn1i{4M a 'C1 or.g. •arm a4.emr
m
X
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--1
OD
PRELIMINARY DEVELOPMENT FEATURES
TOTAL ACRES.. 22.18 AC
COMMON/OPEN SPACE (MATED) 5.31 AC 23.94%
COMMON/OPEN SPACE (NON IRRIGATED)_..._.._8.10 AC 36.52%
TOTAL OPEN SPACE. ..... 13.42 AC. 60.5%
POND AREA. 4.62 AC. 20.82%
BUILDINGS AREA ._. 2.87 AC. 12,94%
HARDSCAPE AREA. 5.89 AC. 26.56%
f i
Developmentertnres
ISHEADWATEREUR
EAC.E, PENN
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EXIIIBIT "C"
Affidavit of RONNIE GUERRERO on behalf of Bel Mr Eagle, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF TEXAS )
) ss.
County -of Dallas )
RONNIE GUERRERO, who being first duly sworn under oath, deposes and says:
1.. I am RONNIE GUERRERO, who is the President of Bel Air Eagle, LLC, whose mailing
address is 2500 North Dallas Parkway, Suite 424, Plano, Texas, 75093 ("BEL AIR
EAGLE, LLC").
2. Bei Air Eagle, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Bel Air Eagle, LLC, 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 day of , 2015 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Ronnie Guerrero, Bel Air
Eagle, LLC (the "Agreement").
DATED this day of , 2015.
By: Bel Air Eagle, LLC
By:
Ronnie Guerrero, resident
SUBSCRIBED AND SWORN to before me this , day of /teerl , 2015..
�Q S >
Notary Public, State of Texas
Residing atc-,-Texas
My Commission expiresae d.#2!3-
• o�,�r►k ' NATA IYA S: KHAZANOMH
rj :" Notary Public,.State Of. Texas
,;? .. My.Commnission Expires::
y:fei,* :.:.. Decertiber 08, 201 7
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EXHIBIT "1"
March 26, 2015
DESCRIPTION FOR BEL AIR EAGLE
A parcel of land being a portion of Lots 13 and 14 of the Compton Andrew Tract
as filed in Book 5 of plats at Page 223, records of Ada County, Idaho located in the SE
1/4 of the SE 1/4 of Section 11 and a portion of Government Lots 1 and 12 of Section
14, T.4N., R.1W., B.M., Eagle, Ada County, Idaho, more particularly described as
follows:
Commencing at the SE corner of said Section 11 from which the E1/4 comer of
said Section 11 bears North 00°49'06" East, 2645.31 feet;
Thence North 89°27'45" West, 48.00 feet to a point on the West right-of-way
line of N. Linder Road, said point being the REAL POINT OF BEGINNING;
Thence along said West right-of-way line South 00°40'45" West, 1,172.02 feet
to a point on the mean high water line of the right bank of the Boise River;
Thence leaving said West right-of-way line and along said mean high water line
the following 5 courses:
Thence North 82°19'21" West, 138.55 feet;
Thence North 35°37'28" West, 63.97 feet;
Thence North 70°07'08" West, 229.91 feet;
Thence North 63°08'47" West, 122.49 feet;
Thence North 38°24'28" West, 168.75 feet to a point on the West boundary line
of Lot 14 of said Compton Andrew Tract;
Thence leaving said mean high water line and along said West boundary line
North 00°40'36" East, 1,298.40 feet;
Thence leaving said West boundary line North 89°34'47" East, 170.00 feet;
Thence North 00°40'36" East, 100.00 feet to a point on the South right-of-way
line W. Old Valley Road;
Thence along said South right-of-way line North 89°34'47" East, 440.38 feet to
a point on the West right-of-way line of N. Linder Road;
Thence along said West right-of-way line South 00°49'06" West, 567.16 feet to
the REAL POINT OF BEGINNING. Containing 22.18 acres, more or less.
(AMERICAN
COMMUNITIES
RECEIVED & eiLED
CITY OF EAGLE
DEC 18 2014
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Glancey. Rockwell & Associates
Ar:hitecture • Planning
Eagle, Idaho
RECEIVED & FILED
CITY OF EAGLE
DEC 18 2014
AMERICAN
COMMUNITIES
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Glancey . Rockwell & Associates
Architecture • Planning
Eagle, Idaho
F RECEIVED & FILED
CITY OF EAGLE
AMERICAN
COMMUNITIES
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Glancey • Rockwell & Associates
Archirectuie • Plannum •
Eagle, Idaho