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Development Agreement - 2017 - Bald Eagle Pointe Subd - 9/8/2017Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=16 DAN RYALLS EAGLE CITY 2017-094388 10/04/2017 04:29 PM NO FEE 1111111 I II 11104II685I2I01700I438I8I0I6I0I6I9IIIII 1111111 DEVELOPMENT AGREEMENT For Recording Purposes Do Not Write Above This Line 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"), by and through its Mayor, and Martin, LLC ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located on the south side of West State Street (SH -44) and West Moon Valley Road at the southeast comer of West State Street (SH - 44) and West Moon Valley Road, Eagle, Idaho, ("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-03-17; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural -Urban Transitional — Ada County designation); and WHEREAS, the Owner desires a R -3 -DA -P (Residential with a development agreement — PUD) zoning classification to develop a residential subdivision 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 project 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 -3 -DA -P (Residential with a development agreement — PUD) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B) 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; and Page 1 of 9 K.\ Plmuung Dept \Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pcmte Sub da cc fel ver.doc WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is 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 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to a R -3 -DA -P (Residential with a development agreement — PUD) zoning classification 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 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. 3.3 The total number of residential units on the Property shall not exceed 63 -units and the maximum density of the property shall not exceed 1.67 dwelling units per acre (excluding floodway). 3.4 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, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. A requirement for all fencing located adjacent to open space and corner lots to be open -style such as wrought iron, extruded aluminum (looks identicalto wrought iron), or three -rail -type decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited, except that the east property boundary may have solid fencing of a durable material excluding vinyl. (b) Page 2 of 9 K %Plannnig Dept\Eagle Applications\Prelimmwry Development Plans \2017\Bald Eagle Pointe Sub da cc fnl ver.doc (c) A requirement that the 10 -foot wide pond maintenance and pressure irrigation easement located around the irrigation ponds shall remain clear of any fencing encroachments. (d) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. (f) A requirement that in the event any of the CC&R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8- 7-4-1. 3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall provide a pool located within a common lot centrally located within the development. The intent of the pool is to provide a venue for activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, and 7) all proposed fencing throughout the development. The design review Page 3 of 9 K:'Planning Dept\Eagle Appli ations1Preliminary Development Plans \201THald Eagle Pointe Sub da cc fnl ver.doc application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.9 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 applicable), 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 prior to submittal of a final plat application. 3.10 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan and replacement plan. 3.11 Owner shall provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a fmal plat application. 3.12 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.13 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. 3.14 Owner shall provide and construct, in accordance with the provi sions of Eagle City Code Section 9- 4-1-6, minimum ten -foot (10') wide public pathway along the portion of the Property located adjacent to the Boise River. Owner shall also construct a ten -foot (10') wide concrete pathway located adjacent to West State Street. The pathways shall be constructed concurrently with Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location, design, and construction standards of the pathways shall be reviewed and approved by the City of Eagle Park, Pathway, and Recreation Commission prior to submittal of a design review application. The pathways shall be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway shall be prohibited. 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 (Exhibit B) 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 Owner fails to comply with the commitments set forth herein, within thirty (30) 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 Page 4 of 9 K 'Manning Dept\Eagle Applications\Prelimnary Development PIans12017\Bald Eagle Pointe Sub da cc fnl ver doc process established in Eagle City Code Section 8-10-1, and in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. In the event this Development Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A -R (Agricultural -Residential) zoning designation. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the prevailing party 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. ARTICLE VI UNENFORCEABLE PROVISIONS If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Development Agreement 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 the Owner (or other appropriate party) and Eagle. 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 the Owners its respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Parasranh 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. Page 5 of 9 K.\Planning Dept\Eagle Applications \Preliminary Development Plans \2017\Bald Eagle Pointe Sub da cc fill ver.doc 8.4 Leeal 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 Development 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: Martin, LLC Attn: Justin Martin 539 East Kaibab Trail Meridian, Idaho 83646 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 Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Development 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 Development Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when actually incurred by 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 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, Eagle shall release to the Owner 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 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; Page 6 of 9 K:'Planning Dept \Eag a Applications\Preliminary Development Plans \2017Bald Eagle Pointe Sub de cc fnl ver.doc 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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this Development Agreement by both parties. 8.9 Authority to Enter Into Agreement: By the execution and delivery of this Development 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 Development Agreement and so bind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of 9p 444 2017. •.•`�.0... 00000000000 •( OF E A oo 0000 *• z SEAL ; * ATTEST: tp:•••••-" trona) .•0 .4. •�•". OF I0? •`�, �$cti Sharon K. Bergmann, City Clerk CITY OF EAGLE, a municipal corporation organized and exiting under of the tate of Idaho By: VA" - Stan idgeway, Mtayor OWNER: Martin, LLCBy: Just Martin, Manager Page 7 of 9 K \Planning Dept'•Eagle Applications '••Preliminary Development Plans \2017\Bald Eagle Pomte Sub da cc 5tl ver doc STATE OF IDAHO . ss. County of Ada On thi1'ay of2017, before the undersigned notary public in and for the said state, personally appeared JUSTIN MARTIN, known or identified to me to be the Manager of MARTIN, LLC owners of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above 1 ASHLEY M. YOUNG Notary Public State of Idaho l Notary Publi Residing at: }i _ My Commission Expires: u Page 8 of 9 K Manning DeptEagle Apphcations\Prelnnmsry Development Plans\2017\Bald Eagle Pointe Sub da cc fill ver doc 2- INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D Residential Elevations Page 9 of 9 K',Planning Dept\Eagle Applications\Preliminary Development Plans\2017 Bald Eagle Pointe Sub da cc fill ver.doc EXHIBIT "A" 1 RECEIVED & t-N..tu CITY OF EAGLE JAN 10 2017 N4it+ir 30 2010 Route tr • City of Eagle Annexation Proposed Bald Eagle Pointe Subdivision A parcel being located in the S 34 of Section 11 and the N i4 of Section 14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast comer of the S 34 of said Section 11, from which an aluminum cap monument marking the northeast comer of said S 34 bears N 0°49'08" E a distance of 2645.32 feet Thence N 89°27'29° W along the southerly boundary of said S % a distance of 2627.57 feet to a point marking the southwest comer of the SE % of said Section 11; Thence leaving said southerly boundary N 0°46'27 E a distance of 137.71 feet to a r4 inch diameter iron pin on the southerly right-of-way of State Highway 44; Thence continuing N 0°46'22" E a distance of 61.26 feet to a point on the centerline of State Highway 44, the POINT OF BEGINNING; Thence along said centerline a distance of 806.83 feet along a 13,750.99 foot radius non -tangent curve left, said curve having a central angle of 3°21'42" and a long chord bearing N 77°26'27° E a distance of 806.71 feet to a point on the existing Eagle City Limits boundary; Thence leaving said centerline and existing City Limits boundary S 0°46'32° W a distance of 857.88 feet to a point on the natural or ordinary high water line of the North Channel of the Boise River, said point being witnessed by a 34 inch diameter iron pin which bears N 0°46'32° W a distance of 36.00 feet from said point; Thence along said high water line the following described courses; Thence S 63°22'38" W a distance of 150.89 feet to a point; Thence S 54°06'38" W a distance of 125.48 feet to a point; Thence S 53°06'49" W a distance of 104.05 feet to a 34" diameter iron pin; Thence S 44°27'28" W a distance of 212.83 feet to a point on the centerline of the Pioneer Canal, said point being witnessed by a 5/8 inch diameter iron pin which bears N 44°27'28° W a distance of 15.00 feet from said point Thence along said Pioneer Canal Centerline the following described courses; Thence N 50°25'31" W a distance of 12.44 feet to a point Thence a distance of 23.31 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 66°46'05" and a long chord bearing N 83°48'33° W a distance of 22.01 feet to a point; Thence S 62°48'25" W a distance 01196.53 feet to a point; Thence S 61°3516° W a distance of 402.68 feet to a point Thence S 71°21'33° W a distance of 35.42 feet to a point; Thence a distance of 19.95 feet along the arc of a 40.00 foot radius curve left, said curve having a central angle of 28°34'39° and a long chord bearing S 57°0413° W a distance 0119.74 feet to a point Thence S 42°46'54" W a distance of 68.88 feet to a point Thence a distance of 51.92 feet along the arc of a 40.00 foot radius curve right, said curve having a central angle of 74°21'50° and a long chord bearing S 79°57'49" W a distance of 48.35 feet to a point; Thence N 62°51'16" W a distance of 71.00 feet to a point; Thence a distance of 45.41 feet along the arc of a 60.00 foot radius curve right, said curve having a central angle of 43°21'33" and a long chord bearing N 41°10'30" W a distance of 44.33 feet to a point; Thence N 19°29'43° W a distance of 10.79 feet to a point* Thence a distance of 15.88 feet along the arc of a 40.00 foot radius curve left, said curve having a central angle of 22°45'01" and a long chord bearing N 30°52'14° W a distance of 15.78 feet to a point; Thence a distance of 211.67 feet along the arc of a 495.95 foot radius curve left, said curve having a central angle of 24°27'13° and a long chord bearing N 54°2819" W a distance of 210.07 feet to a point; Thence a distance of 24.24 feet along the arc of a 100.00 foot radius curve right, said curve having a central angle of 13°53'15° and a Tong chord bearing N 59°4517° W a distance of 24.18 feet to a point; Thence N 52°48'40° W a distance of 152.65 feet to a point Thence a distance of 223.24 feet along the arc of a 350.00 foot radius curve left, said curve having a central angle of 36°32'44° and a long chord bearing N 71°05'02° W a distance of 219.48 feet to a point; Thence N 89°21124° W a distance of 77.96 feet to a point on the easterly boundary of Moon Lake Ranch as shown in Book 72 of Plats on Page 7355, records of Ada County, Idaho, said point being witnessed by a 5/8 inch diameter iron pin which bears N 0°44'46° E a distance of 25.00 feet from said point; Thence N 0°44'46° E along said easterly boundary a distance of 404.84 feet to a 5/8 inch diameter iron pin marking the southwest comer of Lot 1 of Block 1 of Tealwood Subdivision as shown in Book 59 of Plats on Page 5823, records of Ada County, Idaho; Thence S 89°13'13" E along the southerly boundary of said Tealwood Subdivision a distance of 174.51 feet to a 5/8 inch diameter iron pin marking the southeast comer of said Lot 1; Thence N 0°44'466 E along the easterly boundary of said Tea!wood Subdivision, and the extension thereof, a distance of 300.58 feet to a point on the centerline of W. Moon Valley Road; Thence along said centerline N 74°53'18° E a distance of 248.28 feet; Thence N 3°21'45" W a distance of 120.78 feet to a point on the centerline of State Highway 44; Thence along said centerline a distance of 694.29 feet along the arc of a 13,750.99 foot radius curve left, said curve having a central angle of 213'34" and a long chord bearing N 80°34'06° E a distance of 694.21 feet to the POINT OF BEGINNING. This parcel contains 43.50 acres and is subject to any easements existing or in use. N EXHIBIT "B" Affidavit of JUSTIN MARTIN on behalf of Martin, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada JUSTIN MARTIN, who being first duly sworn under oath, deposes and says: 1. I am JUSTIN MARTIN who is the Manager of Martin, LLC., whose mailing address is 539 East Kaibab Trail, Meridian, ID 83646 ("Martin, LLC"). 2. Martin LLC is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Martin, T J C authorizes the submission of the Property to certain Development Agreement dated the 6 day of /902— . 2017 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Justin Martin, Martin, LLC (the "Agreement"). DATED this day of 1.�rrfr, 2017. By: Martin, LLC By: /An Martin, Manager SUBSCRIBED AND SWORN to before me this day ofQ 1 11/6017. ASHLEY M. YOUNG Notary Public State of Idaho • Notary Publ...for Id Residing at � 1 , Idah My Commission expires Cf - )7 .Z Page 1 of 1 K Planning Dept\Eagle Applications' Preliminary Development Plans \2017\Bald Eagle Pointe Sub da afdavrt.doc 2 s -:.' ar r. fts. IL hlY.• 5 7 s� BALD EAGLE POINTE SUBDIVISION MASTER PLAN w+.. Yd.,. a w MARTIN LLG 539 E KA,BA5 TRA L DR ?AMMAN DAHO "'I GROUP Bald Eagle Pointe Subdivision Sample Homes 70' Wide Lots RECEIVED & FILED CITY OF EAGLE MAR 1 5 2017 File: SII -II: Bald Eagle Pointe Subdivision Sample Homes 90' Wide Lots RECEIVED & FILED CITY OF EAGLE MAR 1 5 2017 File: Route to: