Mou/Moa - 2022 - MOA Between Two Rivers Subdivision HOA And City Of Eagle Regarding Easement - 10/27/2022ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=15 HEATHER LUTHER
CITY OF EAGLE, IDAHO
2024-002758
01/18/2024 12:10 PM
NO FEE
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Agreement") is made and entered into by
and between Two Rivers Subdivision Homeowners Association, inc., an Idaho nonprofit
corporation ("HOA"), and the City of Eagle, Idaho, an Idaho municipal corporation ("City").
Separately, either HOA or City may be referred to as a "Party," and both together as the "Parties."
RECITALS
WHEREAS, HOA is the owner of that certain real property located in Eagle, Ada County,
Idaho, comprised of approximately 1.083 acres, and identified by the Ada County Assessor as Tax
Parcel No. R8584570330, as more particularly described as Lot 35, Block 24, Two Rivers
Subdivision No. 8, as shown on the plat thereof, recorded in the Official Records of Ada County,
Idaho, on December 18, 2003, at Page 10005 of Book 87, Instrument No. 103207686 ("HOA
Property 1"); and
WHEREAS, by virtue of the Idaho Supreme Court's decision in City of Eagle v. Two Rivers
Subdivision Homeowners Association, Inc., 467 P.3d 434, 167 Idaho 70 (2020) ("Easement
Decision"), an easement exists by way of a Common Law Dedication for a public parking lot for
use by the public upon a portion of HOA Property 1 ("Parking Easement"); and
WHEREAS, historic use of the Parking Easement has consisted of an area comprised of
approximately 2,000 sq. ft., which provides three vehicle parking spaces; and
WHEREAS, HO.A also is the owner of that certain real property located in Eagle, Ada
County, Idaho, comprised of approximately 3.116 acres, and identified by the Ada County
Assessor as Tax Parcel No. R8584500520, as more particularly described as Lot 1, Block 11, Two
Rivers Subdivision, as shown on the plat thereof, recorded in the Official Records of Ada County,
Idaho, on June 30, 2000, at Page 8661 of Book 80, Instrument No. 100051264 ("HOA Property
2"); and
WHEREAS, City is the owner of that certain real property located in Eagle, Ada County,
Idaho, comprised of approximately 3.19 acres, and identified by the Ada County Assessor as Tax
Parcel No. R5421200010, as more particularly described as Lot 1, Block 1, Mace River Ranch
Subdivision No. 1, as shown on the plat thereof, recorded in the Official Records of Ada County,
Idaho, on November 18, 2013, at Page 14540 of Book 106, Instrument No. 113125973 ("City
Property"); and
WHEREAS, HOA Property 2 and the City Property are adjacent to each other and abut
each other; and
P. 1
p. 2
WHEREAS, both HOA Property 2 and the City Property are within the City’s R-2
(Residential) zoning district; and
WHEREAS, City intends to construct and operate a public park on the City Property,
together with a 25-stall paved parking lot; and
WHEREAS, renderings of the City’s planned parking lot on the City Property indicate that
the curbing along the southernmost edge of such parking lot will be approximately two feet six
inches (2’ 6”) from the property boundary line that separates the City Property from HOA Property
2; and
WHEREAS, Eagle City Code § 8-4-4-2.D. requires parking areas “in or adjacent to a
residential district” to be “effectively screened on all sides which adjoin or face any property used
for residential purposes by an acceptably designed wall, fence, or planting screen” up to six feet
(6’) in height, and also requires the “space between such fence, wall or planting screen and the lot
line of the adjoining premises in any residential district” to be “landscaped with grass, hardy shrubs
or evergreen ground cover, and maintained in good condition”; and
WHEREAS, HOA desires to ensure City has sufficient space to comply with the screening
and landscaping requirements of Eagle City Code § 8-4-4-2.D, and to ensure that the screening
and landscaping requirements of Eagle City Code, which will be critical to protecting the adjacent
residential uses from potential negative impacts of the parking lot, are complied with; and
WHEREAS, City desires an easement over a portion of HOA Property 2 for the purpose
of construction, installation, operation, inspection, maintenance, repair, and replacement of
utilities, including, without limitation, electrical lines for lighting City’s parking lot, in compliance
with Eagle City Code § 8-4-4-2, as the same may, from time to time, be amended or relocated,
and/or pressurized irrigation, among other utilities; and
WHEREAS, accepting HOA’s grant of an easement over a portion of HOA Property 2
enables City to include 15 additional parking spaces on the City Property to directly serve the
public interest, which more than doubles the number of public parking spaces the City Property
could accommodate absent the HOA’s grant of an easement, from just 10 parking spaces to 25
parking spaces; and
WHEREAS, City therefore desires to accept the HOA’s grant of a new easement of like
size, measured in square feet, to be located along the northernmost property boundary line of HOA
Property 2, as more particularly defined and described in this Agreement, in satisfaction of the
Idaho Supreme Court’s judgment (referenced above); and
p. 3
WHEREAS, HOA desires to grant a new easement to the City, for the City’s desired
purposes (as more particularly set forth in this Agreement), along the northernmost property line
of HOA Property 2, as more particularly defined and described in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated
below, and of the mutual covenants and agreements hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
now agree as follows:
1. Creation of New Easement. In full satisfaction of the Idaho Supreme Court’s
judgment, referenced above, HOA hereby agrees to declare, grant, create, and provide, for the
benefit of the City and the public, a perpetual, nonexclusive six foot (6’) wide, three hundred sixty
one and five one-hundredths feet (361.05’) long easement into, on, under, through, and across that
portion of HOA Property 1 depicted in EXHIBIT A, attached and incorporated herein (“Utility
Easement”), expressly subject to the limitations, terms, and conditions contained in this Agreement
and the instrument by which HOA declares, grants, creates, and provides the Utility Easement,
which shall be appurtenant to the City Property.
2. Use of New Easement. Notwithstanding anything to the contrary herein, use of
the New Easement shall be expressly limited to the construction, installation, operation, inspection,
maintenance, repair, and replacement of utilities, including, without limitation, electrical lines for
lighting City’s parking lot, in compliance with Eagle City Code § 8-4-4-2, as the same may, from
time to time, be amended or relocated, and/or pressurized irrigation, among other utilities, and to
install Screening (as that term is hereinafter defined), for the purposes stated in the Recitals, above.
3. Screening and Landscaping. Pursuant to Eagle City Code § 8-4-4-2.D, to screen
the parking area from the existing, adjacent residential uses, City shall install screening consisting
of an acceptably designed, six-foot (6’) tall wall, fence, or planting screen (“Screening”), which
may be installed on HOA Property 2 as shown in EXHIBIT B, which is to be added as set forth
below. Additionally, and also pursuant to Eagle City Code § 8-4-4-2.D., City shall landscape the
area immediately adjacent to the fence on the side facing the existing, adjacent residential uses, by
planting trees, grass, hardy shrubs, and/or evergreen ground cover (collectively, “Landscaping”)
in the area shown in EXHIBIT B, which is to be added as set forth below The design, materials,
and exact placement of the Screening and the design and plant selections in the Landscaping shall
be subject to HOA’s prior approval, which approval shall not be unreasonably withheld. Upon
written approval of HOA, the approved Screening and Landscaping Plans shall be added to this
Agreement as its EXHIBIT B, and incorporated herein by this reference, without the need for formal
amendment of this Agreement or further action of the Parties.
p. 4
4. Maintenance of Screening and Landscaping. Following the City’s installation
of the Screening and planting of the Landscaping, HOA shall be responsible for maintaining the
same, at HOA’s expense.
5. Satisfaction of Judgment. The New Easement is intended to be, and shall be, in
full satisfaction of the Idaho Supreme Court’s judgment, referenced in the Recitals, above. In
consideration of HOA declaring, granting, creating, and providing the New Easement, the City, to
the extent permitted by law, hereby releases all right, title, and interest it may hold, whether for
itself or in trust for the public in and to any portion of HOA Property 1.
6. Binding Nature. All provisions of this Agreement, including the benefits and
burdens hereof, are perpetual, run with the land, and are binding upon and inure to the benefit of
the respective Parties.
7. Effective Date. This Agreement shall be effective from and after the date on which
it is signed by the last of the Parties to execute it (“Effective Date”).
8. Recording. The instrument by which HOA declares, grants, creates, and provides
the New Easement to the City and the public shall be recorded in the Official Records of Ada
County, Idaho.
9. Additional Acts. The Parties shall undertake and complete such additional and
further acts as may be reasonably necessary to fulfill the intent of this Agreement.
10. Not a Partnership. The provisions of this Agreement are not intended to create,
nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any
similar relationship between the Parties.
11. Time is of the Essence. The Parties acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition, and provision hereof, and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the Party so failing to perform.
12. Final Agreement; Amendment. This Agreement sets forth all promises,
inducements, agreements, conditions, and understandings between the Parties relative to the
subject matter hereof, and there are no promises, agreements, conditions, or understanding, either
oral or written, express or implied, between the Parties, other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the Parties unless reduced to writing and signed by the Parties
or their successors in interest or their assigns.
13. Construction; Provisions Severable. This Agreement shall be interpreted fairly,
according to its plain language, and without regard for which Party drafted it or caused it to be
p. 5
drafted. If any provision of this Agreement is held not valid, such provision shall be deemed to be
excised therefrom and the invalidity thereof shall not affect any of the other provisions contained
herein.
14. Default. In the event either Party, or such Party’s successors or assigns, fails to
faithfully and materially comply with all the terms, covenants, restrictions, and conditions included
in this Agreement, enforcement of this Agreement may be sought by either Party, or by any
successor or assign of such Party, in an action at law or in equity. In the event a Party initiates or
defends any legal action or proceeding in any way connected with this Agreement, the prevailing
Party in any such action or proceeding (in addition to any other relief which may be granted,
whether legal or equitable), shall be entitled to recover from the losing Party in any such action or
proceeding the prevailing Party’s reasonable costs and attorneys’ fees, including on appeal. All
such costs and attorneys’ fees shall be deemed to have accrued on commencement of any legal
action or proceeding and shall be enforceable whether or not such legal action or proceeding is
prosecuted to judgment.
15. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Idaho.
16. Counterparts. This Agreement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
17. Covenant of Authority. Each person signing this Agreement on behalf of a Party
covenants with all Parties that such person possesses actual authority from such Party to execute
this Agreement on such Party’s behalf, and to bind such Party, and its successors and assigns, as
set forth herein.
IN WITNESS WHEREOF, each of the Parties, having been duly authorized, caused this
Agreement to be executed, intending to be bound hereby, effective as of the Effective Date
established herein.
[SIGNATURES FOLLOW ON SUBSEQUENT PAGE(S).]
[Remainder of this page intentionally left blank.]
FOR CITY:
CITY OF EAGLE,IDAHO,
an Idaho municipal corporation,
By:
ason Pierce
Its:{Iayor
4YAI'EST�E. o 'Eagle City Clerk ,• ' / ;'
1 .•.
STATE OF
ss.
County of �4da _)
The within instrument was acknowledged before me on [insert
date]by Jason Pierce, as the Mayor of the City of Eagle, Idaho.
rib~jypTAQ y% J4= Sign e of Notary Public
My Commission expires: 21210�Z5
z St PUB I.l m E
No.S�r.r�r`�
•ie•.aup.5••
p. 6
FOR HOA:
TWO RIVERS SUBDIVISION HOMEOWNERS
ASSOCIATION,INC., an Idaho municipal corporation,
By:
Kevin Zasio
Its: President
STATE OF
)ss.
County of PtAr�- )
The within instrument was acknowledged before me on K\ov.. g . 20 22 [insert
slate] by Kevin Zasio, as the President of Two Rivers Subdivision Homeowners Association, Inc.
Si nature of Notary lic
My Commission expires: 2-ZZ-ZrS
:�
p. 7
MEMORANDUM OF AGREEMENT EXHIBIT A
EXHIBIT A
to the
Easement Exchange Agreement
Depiction of the Easement
[Please see attached.]
MEMORANDUM OF AGREEMENT EXHIBIT A
4885-0093-8043, v. 4
MEMORANDUM OF AGREEMENT EXHIBIT B
EXHIBIT B
to the
Easement Exchange Agreement
Approved Screening Plans
and
Approved Landscaping Plans
[Both to be added upon approval, as set forth in the Agreement.]
OBerberis thunbergii 'Rose Glow'
Rose Glow Japanese Barberry
Quantity: 21 I Size: 2 Gallon I Spacing: 4'-0" O.C.
Notes: 5'H x 4'W at maturity; form as hedge
OBuxus microphylla var. Japonica ' Winter Gem'
Winter Gem Boxwood
Quantity: 28 I Size: 2 Gallon I Spacing: 4-6" O.C.
Note: 5'H x 5'W at maturity
Calamagrostis acutiflora
Karl Foerster Feather Reed Grass
Quantity: 28 I Size: 1 Gallon I Spacing: Per Plan
Notes: 5'H x 2'W at maturity
O Helictotrichon sempervirens
Blue Oat Grass
Quantity: 22 I Size: 1 Gallon I Spacing: Per Plan
Note: 2'H x 3'W at maturity
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Edge of Landscape
Easement
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Spirea japonica 'Walbuma'
Magic Carpet Spirea
Quantity: 13 I Size: 2 Gallon I Spacing: Per Plan
Note: 2'H x 2'W at maturity
Keystone Retaining Wall
Black & Tan Stone Mulch
At head -in parking, for vehicular step offs, and
as mulch at proposed planting
Stone to Match Spec at Pedestrian Bridge
Native Vegetation To Remain / Be Restored
Hydroseed Mix as needed
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DESCRIPTION
THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN
MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESS
WRITTEN PERMISSION OF HECO ENGINEERS
UNAUTHORIZED DISCLOSURE OR CONSTRUCTION USE ARE
PROHIBITED BY COPYRIGHT LAW
ORIGINAL DOCUMENTS STORED AT:
HECO ENGINEERS CORPORATE OFFICE
32 N. MAIN,
PAYETTE, IDAHO
PLANTING PLAN
CONSTRUCTION DOCUMENTS
PROJECT NO.:
EG21-0471
DESIGNED BY:
M. DAVIS
DRAWN BY:
S. MCGEHEE
DWG QC BY:
DESIGN QC BY:
DIAGRAMMTIC
PLANTING PLAN
09/18/2023
C2.0
SHEET 4 OF 11
OBerberis thunbergii 'Rose Glow'
Crimson Pygmy Dwarf Japanese Barberry
OBuxus microphylla var. Japonica ' Winter Gem'
Winter Gem Boxwood
O Calamagrostis x acutiflora 'Karl Foerster'
Foerster's Feather Reed Grass
O Helictotrichon sempervirens
Blue Oat Grass
O Spiraea japonica 'Walbuma'
Magic Carpet Spirea
Keystone Retaining Wall
DESCRIPTION
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THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN
MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESS
WRITTEN PERMISSION OF HECO ENGINEERS
UNAUTHORIZED DISCLOSURE OR CONSTRUCTION USE ARE
PROHIBITED BY COPYRIGHT LAW
ORIGINAL DOCUMENTS STORED AT:
HECO ENGINEERS CORPORATE OFFICE
32 N. MAIN,
PAYETTE, IDAHO
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DESIGNED BY: M. DAVIS
DRAWN BY: S. MCGEHEE
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DESIGN QC BY:
DIAGRAMMTIC
PLANTING IMAGERY
09/01 /2023
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1. CONTRACTOR SHALL COMPLY WITHFO
GENERAL NOTES, SHEET C1.01.
2. ALL WORK SHALL BE DONE IN
ACCORDANCE WITH THE LATEST
EDITION OF THE IDAHO STANDARDS
FOR PUBLIC WORKS CONSTRUCTION
(ISPWC) SPECIFICATIONS AND
DRAWINGS.CONTRACTOR SHALL
VERIFY LISTED DIMENSIONS PRIOR
TO CONSTRUCTION.
3. COORDINATE INSTALLATION OF
ELECTRICAL AND IRRIGATION
CONDUITS AND SLEEVES WITH
RESPECTIVE CONTRACTORS.
4. ALL DIMENSIONS ARE TO BACK OF
CURB, EDGE OF WALK, EDGE OF
PAVEMENT, EDGE OF FOUNDATION,
EDGE OF WALLS, SAW CUT, OR
CENTER OF POST.
5. THE CONTRACTOR SHALL VERIFY
ALL DIMENSION, DISTANCES AND
GRADES IN THE FIELD AND BRING
ANY DISCREPANCIES TO THE
ATTENTION OF THE ENGINEER.
6. WHENEVER CONCRETE FLATWORK
ABUTS BUILDING OR COLUMNS IT
SHALL HAVE EXPANSION JOINTS.
7. PROVIDE SCORE JOINTS AS SHOWN
ON PLANS, JOINTS ARE AN
INTEGRAL PART OF THE DESIGN
AND SHALL NOT VARY FROM
PATTERNS AND LOCATIONS SHOWN.
8. TRANSITION OF CURVES TO OTHER
CURVES AND CURVES TO
TRANSENTS SHALL BE SMOOTH
AND CONTINUOUS.
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4. CONCRETE SIDEWALK PER ISPWC
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5'; 6" THICKNESS.
5. ASPHALT PAVEMENT PER DETAIL
1/C5.01.
6. ACCESSIBLE PARKING STALL
LAYOUT PER DETAIL 4/C4.0.
7. PEDESTRIAN RAMP PER DETAIL
3/C5.01.
8. MAX FORCE COLLAPSIBLE BOLLARD
9. SIGNAGE SEE SHEET C4.0.
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14. PAVEMENT MARKINGS SEE SHEET
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15. TURN AROUND AREA
16. CONCRETE RIBBON CURB SEE
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17. GRAVEL APPROACH PER DETAIL
2/C5.02.
18. RESET SURVEY MONUMENT
19. EXISTING SEWER MANHOLE, ADJUST
TO GRADE
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REVISIONS
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THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN
MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESS
WRITTEN PERMISSION OF HECO ENGINEERS.
UNAUTHORIZED DISCLOSURE OR CONSTRUCTION USE ARE
PROHIBITED BY COPYRIGHT LAW.
ORIGINAL DOCUMENTS STORED AT:
HECO ENGINEERS CORPORATE OFFICE
32 N. MAIN,
PAYETTE, IDAHO
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PROJECT NO.: EG21-0471
DESIGNED BY: M. DAVIS
DRAWN BY: S. MCGEHEE
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DESIGN QC BY:
SITE PLAN
LAYOUT & DIMENSIONS
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ACCESSIBLE PARKING
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FENCE o
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PAINTED CURB (NO PARKING)
PAINTED CURB (NO PARKING)
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SEE DETAIL 6/C4.0
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12"
RESERVED
PARKING
ACCVESSIBLE
BLUE BACKGROUND
WITH WHITE S YM B O L
AND LETTERING
(OR R7-8 NO ARROW)
PROVIDE SIGN THAT
IDENTIFIES ALL VAN
ACCESSIBLE STALLS,
REFER TO PLANS FOR
LOCATIONS (OR R7-8P)
E-1 POST PER ISPWC,
CENTERED ON
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SCALE: NTS
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NO LEFT TURN -CUSTOM SIGN
SCALE: NTS
NO LEFT TUR SIGN,
SEE DETAIL 5 •4.0
A .WAY
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SIGN, SEE
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CROSSWALK,
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12" x 18" SIGN WITH
INTERNATIONAL SYMBOL OF
ACCESS, REFER TO
ACCESSIBLE PARKING SIGN
DETAIL 1 /C4.0. SET 3'
BEHIND CURB.
TOB
1
NOTE:
REFER TO DETAIL LAYOUT
PLANS FOR SPECIFIC STALL
LOCATIONS.
ES SHALL
BE WHITE
4" WIDE STALL
STRIPING
TYPICAL
INTERNATIONAL SYMBOL OF
ACCESS PAINTED ON PAVING,
SYMBOL SHALL BE WHITE,
BACKGROUND SHALL BE BLUE
9' ► 1.41 9'
\—
VAN ACCESSIBLE PARKING
STALL AND AISLE (TYP.)
ACCESSIBLE PARKING STALLS
SCALE: NTS
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THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN
MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESS
WRITTEN PERMISSION OF HECO ENGINEERS.
UNAUTHORIZED DISCLOSURE OR CONSTRUCTION USE ARE
PROHIBITED BY COPYRIGHT LAW.
ORIGINAL DOCUMENTS STORED AT:
HECO ENGINEERS CORPORATE OFFICE
32 N. MAIN,
PAYETTE, IDAHO
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PROJECT NO.: EG21-0471
DESIGNED BY: M. DAVIS
DRAWN BY: S. MCGEHEE
DWG QC BY:
DESIGN QC BY:
STRIPING AND SIGNAGE
PLAN AND DETAILS
C4.0
SCALE: NTS
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THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN
MAY NOT BE COPIED OR REPRODUCED WITHOUT EXPRESS
WRITTEN PERMISSION OF HECO ENGINEERS.
UNAUTHORIZED DISCLOSURE OR CONSTRUCTION USE ARE
PROHIBITED BY COPYRIGHT LAW.
ORIGINAL DOCUMENTS STORED AT:
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32 N. MAIN,
PAYETTE, IDAHO
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PROJECT NO.:
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DWG QC BY:
DESIGN QC BY:
STANDARD DETAILS
DETAIL SHEET
C5.0
SHEET
9 OF 11
From:Nichoel Baird Spencer
To:Tracy Osborn
Subject:Fwd: [EXTERNAL] Mace
Date:Wednesday, December 27, 2023 4:25:40 PM
Sent from my iPhone
Begin forwarded message:
From: Kevin Zasio <kz@zasio.com>
Date: September 28, 2023 at 9:57:54 AM MDT
To: Nichoel Baird Spencer <nbaird@cityofeagle.org>
Subject: RE: [EXTERNAL] Mace
Hi Nichoel,
I did not receive any feedback. Please proceed with the plan you submitted with the proposed wall.
Thank you!
Kevin Zasio
From: Nichoel Baird Spencer <nbaird@cityofeagle.org>
Sent: Wednesday, September 27, 2023 1:50 PM
To: Kevin Zasio <kz@zasio.com>
Subject: [EXTERNAL] Mace
Hi Kevin, Just wanted to check in on the Mace Project. Are you back State side & have you gotten a chance to have the HOA
review? My deadline for the October 10th meeting agenda is this Friday at noon.
Thanks!
Logo Nichoel Baird Spencer, MCRP
AICP
Director of Long-Range Planning &
Projects
City of Eagle | 660 E. Civic Ln., Eagle, ID 83616
d: 208-939-0227 | f: 208-939-6827
nbaird@cityofeagle.org | www.cityofeagle.org
Discover Eagle on social media:
All e-mail messages and e-mail addresses sent to or received by City of Eagle e-mail accounts are subject to Idaho’s Public
Records Act, in regard to both release and retention, and may be released upon request, unless exempt from disclosure by
law.