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Development Agreement - 2018 - Creighton Woods Subd - 7/24/2018Recording Requested By and When Recorded Retum to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich 2018-070173 BOISE IDAHO Pgs=17 LISA BATT 07/27/2018 08:53 AM EAGLE CITY NO FEE 11111111 11111 I I I,I I I I!, I I I I I I I 11111 1111 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 Creighton Woods Development, Inc. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located south of the South Channel of the Boise River between the terminus of West Oakhampton Drive on the east and the terminus of East Clear Creek Drive on the west., 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-09-17; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural -Urban Transition — Ada County designation), R -E (Residential -Estates), and R-1 (Residential); and WHEREAS, the Owner desires a R -2 -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 -2 -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 (Exhibits Bl -B2) 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 KAPlanning DeptlEagk Applications\Preliminsry Development Plans120171Creighton Woods Sub da cc £nl 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 11 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 -2 -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 1II CONDITIONS ON DEVELOPMENT 3.1 The maximum density for the Property shall be 1.14 -dwelling units per acre (58 -single-family residential lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit applications regarding design review, preliminary and final plat reviews, and/or 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. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The 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 ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and corner lots to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or Page 2 of 9 K:1Planning Dcpt\Eagle Applications\Prdimiaary Development Pb.ns\20177Crcighton Woods Sub da cc fill vcr.doc ordinances shall apply. The CC&Rs 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&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 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 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 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) sewer lift station, 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) all proposed fencing throughout the development, and 8) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.8 Owner shall provide and construct a 6 -foot wide natural pathway from W. Brook Swift Drive to the existing easement adjacent to the south bank of the North Channel of the Boise River. This pathway shall be constructed within a pedestrian access easement a minimum of 20 -feet in width to allow for future construction of a 10 -foot wide pathway that conforms with the City's current construction standards. The pathway shall be constructed concurrently with the phase associated with the common lot where the pathway will be located. The specific location and design of the pathway shall be approved by the City of Eagle Parks, Pathways, and Recreation Department prior to submittal of a design review application. 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. Upon completion of construction of the pathway and prior to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the pathway was constructed within the easement area, and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. The subdivision shall maintain this pathway until which Page 3 of 9 K\Planning Depart,* Applications\Prdustinsry Devdopmcil P1arn120171Creigluon Woods Sub da cc fist vcr.doc time that the City elects to improve the pathway for increased capacity and/or connectivity to other pathways. The owner shall provide the City with a public access easement for public access, and for possible future pathway development. This easement shall be minimum of 25 -feet in width at the intersection with the existing river access easement (State of Idaho Acquired Easement No. 266) at 90 -degree angle that will provide area sufficient for radiused transitions for the future roadway access pathway where it could potentially meet a l0 -foot pathway located in the existing river easement. 3.9 Owner shall provide and construct a 6 -foot wide public access natural pathway within the existing easement (State of Idaho Acquired Easement No. 266) adjacent to the river. This pathway will terminate at the east and west ends of the easement no further than 15 -feet away from the outer development property lines. This pathway may meander to allow preservation of desirable trees. The pathway shall be constructed concurrently with Phase No. 1 of Creighton Woods Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Parks, Pathways, and Recreation Department prior to submittal of a design review application. 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. Upon completion of construction of the pathway and prior to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the pathway was constructed within the easement area, and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. The subdivision shall maintain this pathway until which time that the City elects to improve the pathway for increased capacity and/or connectivity to other pathways. 3.10 City reserves the right to access the pathway public access easements at any time. Access may include construction equipment, service vehicles, and emergency vehicles. 3.11 Owner shall include written notification to all lot owners of the right for the public to access the public pathways, park along public streets, and the City reserves the right to develop the public access easements, including my not limited to, the expansion of the greenbelt pathway and expansion of the public pathway providing connection from W. Brook Swift Way to the greenbelt at any time in the future. 3.12 At no time will the owner, homeowner's association, or lot owners display signage that would deter the public from use of the public access areas associated with the public easement area referenced in Condition of Development #3.8 and the State of Idaho Acquired Easement No. 266. All signage erected within the public access easements are subject to City approval and/or removal. City reserves the right to erect signage of any kind within the public access easements. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibits Bl -B2) 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 Page 4 of 9 K:1Plartaing Dept\Eag a ApplicationsIkeli ninary Development Plam120171Crcighton Woods Sub da cc fnl ver.doc 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, 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 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. Page 5 of 9 K:1Planuing DeptlEagla Applications\Prcliminary Development Plam120I71Crcighton Woods Sub da cc fnl vcr.doc 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Legal Representation. Both the Owner and 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: Creighton Woods Development, Inc. P.O. Box 95 Meridian, Idaho 83680 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 attomey 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. Page 6 of 9 IC:Unanning DeptlEaglc ApplicationslPrdaninary Development P1ars120I71Crcighton Woods Sub da cc fnl vcr.doc A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 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 25 day of J u. „�O 18. ;'���0I• EA ..•'••••.Gt f CITY OF EAGLE. a municipal co oration organized ft tate of Idaho ATTEST: Sharon K. Bergmann, City Clerk �' �P 0 R,� '• and ex' nder the 17 • O i *. :*- •• : : By: S E A 1.., ; Stan Ridgeway, Mayor O ti 11_o.��� OWNER: Creighton xelopme��� By: V d l 0 Mark C. Canfield, C or By: Ck_ `1A,C . I rear Carlene M. Canfield, Director Page 7 of 9 K \Planning DepllEaglc ApplicalamJ'relmoary Development Pb, 2017 Craghlon Woods Sub da cc fol ver doc STATE OF IDAHO ) ss. County of Ada ) On this 21-1 day of _,t)1, , 2018, before the undersigned notary public in and for the said state, personally appeared ARK C. CANFIELD, known or identified to me to be a Director of CREIGHTON WOODS DEVELOPMENT. INC., 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 STATE OF IDAHO ) ss. Ii . 7( 7) Notary l lic or Idaho Residing t: I'ii (,l n My Commission`1cpires: County of Ada ) On this DI day of j , 2018, before the undersigned notary public in and for the said state, personally appeared CARLENE M. CANFIELD, known or identified to me to be a Director of CREIGHTON WOODS DEVELOPMENT, INC., 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 4/lith/A, i, T. I/.f17i.�� Notaryblic for Idaho Residin at: 1'4L My Commission xpires: p)j/L.14 `6Zy Page 8 of 9 K +Plhnning Dept \Pugh Apphcauons'J'rcltmuary Development PIars\201 TCreighton Woods Sub da cc full ver doc INDEX OF EXHIBITS A Legal Description B Affidavit of Owner C Concept Plan D - Residential Elevations Page 9 of 9 K:IPiaming Dept Bagtc Applications%Prclitninary Development Plan s120171Creighton Weeds Sub da cc fn1 vccdoc November 9, 2017 Project No. 117092 THE LAND GROUP, INC. Exhibit "A" CREIGHTON WOODS REZONE DESCRIPTION RECEIVED & FILED CITY OF EAGLE DEC 2 1 2017 File: Route to: A parcel of land located in the Northeast One Quarter of Section 19, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly described as follows: Commencing at the Center One Quarter Corner of said Section 19, from which the East One Quarter Corner of said Section 19, marked by a brass cap monument, bears South 89°41'37" East, 2636.90 feet; Thence on the westerly boundary line of the aforementioned Northeast One Quarter of said Section 19, North 00°41'34" East, 1052.81 feet to the northwesterly corner of Creighton Heights Subdivision, as same is shown on the official plat thereof, recorded in Book 64 of Plats Page 6529, Ada County records, and the POINT OF BEGINNING; Thence continuing on said west boundary line, North 00°41' 34" East, 1541.65 feet to a point, from which an aluminum cap witness corner (WC 15.00), marking the North One Quarter corner of said Section 19 bears North 00° 41' 34" East, 28.66 feet; Thence leaving said westerly boundary line, South 44°23' 14" East, 144.40 feet on the ordinary high-water line of the South (left) bank of the South Channel of the Boise River; Thence on said ordinary high-water line, South 540 16' 43" East, 135.50 feet to a point on the northerly boundary line of Government Lot 2 of said Section 19; Thence on said northerly boundary line, North 71° 28' 01" East, 99.29 feet; Thence continuing on said northerly boundary line, South 58° 31' 17" East, 434.90 feet to a point on the aforementioned ordinary high-water line; Thence the following six (6) courses and distances on said ordinary high-water line Thence South 76° 28' 27" East, 37.46 feet; Thence South 83° 17' 10" East, 132.69 feet; Thence North 88° 52' 46" East, 69.26 feet; Thence North 84° 08' 57" East, 194.13 feet; Thence South 89° 21' 32" East, 142.18 feet; Thence South 83° 12' 36" East, 48.64 feet, to as point on the easterly boundary line of the northwest quarter of the northeast quarter of said Section 19; Thence on said easterly boundary line, South 00° 15' 23" West, 893.05 feet to the Northeast One Sixteenth Corner of said Section 19; Thence on the easterly boundary line of the southwest quarter of the northeast quarter of said Section 19, South 000 15' 23" West, 399.36 feet to the southwesterly corner of Parcel "A" as shown on Record of Survey Number 11119, recorded as Instrument No. 2017-103912, Ada County records; Thence on the southerly parcel line of said Parcel "A", South 77° 24' 51" East, 451.69 feet to a point on the westerly boundary line of Banbury Meadows Subdivision #8, as same is shown on the official plat thereof, recorded in Book 110 of plats at Page 15378, Ada County records; Thence the following three (3) courses and distances on said westerly boundary line; Thence South 12° 34' 02" West, 59.93 feet; if Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com Thence South 82° 38' 25" West, 109.24 feet; Thence South 13° 57' 42" West, 128.95 feet, to the southwesterly corner of said Banbury Meadows Subdivision #8; Thence on the southerly boundary line of said Banbury Meadows Subdivision #8, South 75° 22' 47" East, 263.43 feet to a point on the northerly boundary line of Carlene Estates A Subdivision, as same is shown on the official plat thereof, recorded in Book 83 of plats at Page 9102, Ada County records; Thence the following five (5) courses and distances on said northerly boundary line Thence South 89° 41' 37" East, 406.05 feet; Thence South 49° 35' 21" East, 33.26 feet; Thence South 000 15' 15" West, 27.34 feet to a point of curvature; Thence 161.34 feet on the arc of a curve to the left, having a radius of 94.50 feet, a central angle of 97° 49' 10", and whose long chord bears South 48° 35' 46" East, 142.44 feet to a point of reverse curvature; Thence 143.15 feet on the arc of a curve to the right, having a radius of 223.50 feet, a central angle of 36° 41' 51", and whose long chord bears South 79° 09' 25" East, 140.72 feet; Thence the following five (5) courses and distances on the northerly lot lines of Block 6 of aforementioned Carlene Estates Thence North 84° 56' 08" West, 242.98 feet; Thence South 80° 37' 31" West, 182.55 feet; Thence North 87° 52' 15" West, 222.98 feet; Thence North 74° 22' 38" West, 176.34 feet; Thence South 00°12' 48" West, 50.00 feet to the northeast corner of Parcel B as shown on Record of Survey number 7884, recorded as Instrument No. 107058565, Ada County records; Thence on the northerly parcel line of said Parcel B, South 83° 19' 13" West, 209.63 feet to the northwest corner of said Parcel B, said point being common with the northeast corner of Lot 12, Block 6 of aforementioned Carlene Estates; Thence on the north lot line of said Lot 12, North 67° 29' 24" West, 214.86 feet, to a point on the westerly boundary line of said Carlene Estates, said point being common with the easterly boundary line of Creighton Heights Subdivision; Thence on said easterly boundary line, North 00° 15' 23" East, 210.23 feet to the northeast corner of said Creighton Heights Subdivision; Thence the following seven (7) courses and distances on the northerly boundary line of said Creighton Heights Subdivision Thence North 75° 30' 11" West, 361.24 feet; Thence South 00° 33' 08" West, 71.68 feet; Thence North 56° 41' 37" West, 91.55 feet; Thence North 65° 41' 13" West, 179.03 feet; Thence North 74° 01' 24" West, 281.93 feet; Thence North 57° 57' 40" West, 263.43 feet; Thence North 77° 58' 24" West, 229.34 feet to the POINT OF BEGINNING The above described parcel contains 50.92 acres more or Tess. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com EXHIBIT "Bi' Affidavit of MARK C. CANFIELD on behalf of Creighton Woods Development, Inc. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada MARK CANFIELD, who being first duly sworn under oath, deposes and says: 1. I am MARK C. CANFIELD who is a Director of Creighton Woods Development, Inc., whose mailing address is P. O. Box 95, Meridian, ID 83680 ("Creighton Woods Development, Inc."). 2. Creighton Woods Development, Inc., is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Creighton Woods Development, Inc. authorizes the submission of the Property to certain Development Agreement dated the o.' day of 3 V. -U4 , 2018 pursuant to the provisions set forth in Idaho Code Section 67-651 I A and Eagle City Code pection 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Mark C. Canfield, Creighton Woods Development, Inc. (the "Agreement"). DATED this ?+ day of , 2018. By: Creighton Woods Development, Inc. By: - - - Mark C. Canfield, Dire or SUBSCRIBED AND SWORN to before me this Z- day of, \ 2018. Notaryis for Idaho Residing a t', (n . 0 , Idaho 1 My Commission e' ires Vl Q 7 (' 207/4 Page 1 of 1 K `Planning Dept\Eagle AppltcattoruTrehmtnary Development Plans\201TCreghton Woods Sub da affidavit M Canfield doc i i ' •,x Pt • EXHIBIT "B2" Affidavit of CARLENE M. CANFIELD on behalf of Creighton Woods Development, Inc. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada CARLENE M. CANFIELD, who being first duly sworn under oath, deposes and says: 1. 1 am CARLENE M. CANFIELD who is a Director of Creighton Woods Development, Inc., whose mailing address is P. O. Box 95, Meridian, ID 83680 ("Creighton Woods Development, Inc."). 2. Creighton Woods Development, Inc., is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Creighton Woods Development, Inc. authorizes the submission of the Property to certain Development Agreement dated the IL+ day of 1 , 2018 pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Cod Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Carlene M. Canfield, Creighton Woods Development, Inc. (the "Agreement"). DATED this ALf day of _ 1 t ti , 2018. By: Creighton Woods Development, Inc. By: Carlene M. Canfield, Director SUBSCRIBED AND SWORN to before me this 21-4 day of J I,t-ly , 2018. � 1"111." . 1+ A.1A/)'-A , 1. 7 1,1,E Notary P is for Idaho Residing VA l 0 , Idaho '.My Commission ei fires 1 M i 7 n Zy ii Page 1 of 1 K \Planning Dept\Eagle Applicatwns\Prehmmary Development Plans120171Creighton Woods Sub da affidavit C Canfield doc re city— Creighton Woods Subdivision EXHIBIT "C" • 4; f = Exhibit "D" s.