Resolution - 2023 - 23-22 - Avimor Cid No. 1 - Annexation Of Avimor Into The City Of Eagle - 07/25/2023 ADA COUNTY RESOLUTION NO. 2886
EAGLE CITY RESOLUTION NO.23-22
A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ADA
COUNTY, IDAHO AND THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO
ACKNOWLEDGING MUNICIPAL ANNEXATION OF THE AREA WITHIN THE
BOUNDARIES OF THE AVIMOR COMMUNITY INFRASTRUCTURE DISTRICT NO. 1
(ADA COUNTY) INTO THE CITY OF EAGLE; ADJUSTING MEMBERSHIP OF THE
DISTRICT BOARD IN ACCORDANCE WITH THE COMMUNITY INFRASTRUCTURE
DISTRICT ACT; PROVIDING FOR THE TRANSFER OF DISTRICT RECORDS;
ASSIGNING AND ASSUMING ALL RIGHTS, INTERESTS, DUTIES AND OBLIGATIONS
WITH RESPECT TO THE DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County of Ada, Idaho (the "County"), is a duly formed and existing
county pursuant to the laws and constitution of the State of Idaho; and
WHEREAS, the City of Eagle, Idaho (the "City") is a municipal corporation duly
incorporated and operating under the laws of the State of Idaho; and
WHEREAS, on February 25, 2015, pursuant to Resolution No. 2037, the Board of Ada
County Commissioners formed the Avimor Community Infrastructure District No. 1 (Ada County,
Idaho) (the "District") in accordance with the Community Infrastructure District Act, Title 50,
Chapter 31,Idaho Code, as amended(the"Act"); and
WHEREAS, upon formation of the District, the District land area was located exclusively
within the unincorporated boundaries of the County,which District land consists of approximately
655 acres,and is legally described and depicted on Exhibit A(the"District Land"),and the Board
of Ada County Commissioners functioned as the"Governing Body"(as defined in the Act)of the
District pursuant to the Act; and
WHEREAS, in conjunction with formation of the District, on April 7, 2015, the District
entered into that certain District Development Agreement No. 1 for Avimor Community
Infrastructure District No. 1 (Ada County, Idaho) with the County and all the developers and
owners of the properties located within the boundaries of the District, which was recorded in the
Ada County Recorder's Office on April 16, 2015, as Instrument No. 2015-031250 (the
"Development Agreement"); and
WHEREAS,the purpose of the District and the Development Agreement is to finance and
build community infrastructure, as contemplated by the Act; and
WHEREAS, the District, acting through its board (the "Board") has been authorized by
the qualified electors of the District to issue and sell its general obligation bonds, in one or more
series of bonds, in an aggregate principal amount of up to $226,000,000 for the purpose of
financing the costs of community infrastructure within the meaning of the Act; and
RESOLUTION—Page 1 of 10
WHEREAS,pursuant to said general obligation bond authorization, on July 29, 2015, the
District issued its General Obligation Taxable Bonds, Series 2015, in the principal amount of
$48,800 (the "Series 2015 GO Bonds") with respect to certain community infrastructure
consisting of costs associated with formation of the District; and
WHEREAS,pursuant to said general obligation bond authorization,on April 12,2017,the
District issued its General Obligation Taxable Bonds, Series 2017, in the principal amount of
$320,800 (the "Series 2017 GO Bonds", and together with the Series 2015 GO Bonds, the "GO
Bonds") with respect to certain community infrastructure consisting of costs associated with
formation of the District; and
WHEREAS,the District,acting through its Board is authorized by the Act to issue and sell
its special assessment bonds for the purpose of financing and refinancing the costs of community
infrastructure within the meaning of the Act; and
WHEREAS, on September 9, 2015, the District issued its Special Assessment Bonds
(Assessment Area No. 1), Series 2015A (Tax Exempt) in the aggregate principal amount of
$215,800 and its Special Assessment Bonds (Assessment Area No. 1), series 2015B (Taxable) in
the aggregate principal amount of$116,200(together,the"Series 2015 SA Bonds")to finance(i)
acquisition of approximately 1.32 acres of right-of-way(the"Right-of-Way"),(ii)construction of
Avimor Drive extension collector road (the "Avimor Collector"), and (iii) landscaping
improvements adjacent to Avimor Drive(the"Avimor Landscaping"); and
WHEREAS, on June 28, 2016, the District issued its Special Assessment Bonds
(Assessment Area No.2), Series 2016,in the aggregate principal amount of$304,000(the"Series
2016 SA Bonds") to finance construction of an extension of the public street known as North
McLeod Way, including, but not limited to, asphalt, curb, gutter, irrigation sleeves and related
engineering, surveying and inspection costs (the"North McLeod Extension"); and
WHEREAS, on August 30, 2017, the District issued its Special Assessment Bonds
(Assessment Area No. 3), Series 2017, in the aggregate principal amount of$864,000(the"Series
2017 SA Bonds") to finance (i) construction of an extension of the public street known as North
McLeod Way including, but not limited to, asphalt, curb, gutter, irrigation sleeves and related
engineering, surveying and inspection costs (the "Second North McLeod Extension'); (ii)
construction of an extension of the public street known as West Creeks Edge Street including,but
not limited to, asphalt, curb, gutter, irrigation sleeves and related engineering, surveying and
inspection costs (the"West Creeks Edge Extension'); and(iii)the installation of a traffic signal
at Avimor Drive and Idaho State Highway 55 (the"Traffic Signal'); and
WHEREAS, on September 12, 2018, the District issued its Special Assessment Bonds
(Assessment Area No.4), Series 2018, in the aggregate principal amount of$564,000(the"Series
2018 SA Bonds",and together with the Series 2015 SA Bonds, Series 2016 SA Bonds and Series
2017 SA Bonds, the "SA Bonds") to finance, in part, the construction of certain community
infrastructure consisting of(i)an extension of the public street known as Avimor Drive including,
but not limit to, asphalt, curb, gutter, irrigation sleeves and related engineering, surveying and
inspection costs (the"Avimor Drive Extension'); and(ii) construction and improvements of the
RESOLUTION—Page 2 of 10
right-of-way at the intersection of North McLeod Way and Idaho State Highway 55 providing a
second access to the District area (the "Second Access", and together with the Right-of-Way,
Avimor Collector, Avimor Landscaping, North McLeod Extension, Second North McLeod
Extension,West Creeks Edge Extension,Traffic Signal and Avimor Drive Extension,the"District
Projects"); and
WHEREAS, on August 21, 2018, the District adopted District Resolution No. 2348, a
Resolution Re: Reimbursement of Costs,authorizing reimbursement of up to$700,000 to Avimor
Development, LLC, an Idaho Limited Liability Company (the "Reimbursement Resolution");
and
WHEREAS, on July 25, 2023, the City, through the Eagle City Council, passed an
ordinance (the "Annexation Ordinance") to annex the District Land into the City's municipal
boundary; and
WHEREAS, pursuant to Idaho Code section 50-901, the Annexation Ordinance is
scheduled to be published on August 1,2023; and
WHEREAS, the Act requires that three (3) members of a city council chosen by the city
council shall serve as the board of a community infrastructure district if the district is entirely
located within the boundaries of a city; and
WHEREAS, the Act further mandates that if an area within an existing community
infrastructure district is annexed by a city and, as a result, the jurisdiction of a county or city is
changed,the membership of the district board shall be adjusted to conform with the requirements
of the Act; and
WHEREAS,following the Annexation Ordinance,the County and the City desire to adjust
membership of the District Board,and therefore governance of the District,from the Board of Ada
County Commissioners to selected members of the Eagle City Council, as may be chosen by the
Eagle City Council pursuant to the Act; and
WHEREAS, the County and City further desire to assign and assume, respectively, any
rights, interests, duties or obligations of the County under the Development Agreement, and any
other rights, interests, duties and obligations of the County that may apply generally with respect
to the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADA COUNTY
COMMISSIONERS AND THE EAGLE CITY COUNCIL, THAT:
Section 1. Findings. The Board of Ada County Commissioners and Eagle City Council
hereby find that the District Land has been annexed by the City of Eagle into the City's municipal
boundary, thereby transferring jurisdiction of the District to the City under the Community
Infrastructure District Act.
RESOLUTION—Page 3 of 10
Section 2. Adjustment of Board Membership. As required by the Act, membership of the
District Board is hereby adjusted from the Board of Ada County Commissioners to the three (3)
designated members of the Eagle City Council, as may be chosen by the City Council hereafter.
Section 3. Transfer of Records. To facilitate the change in District governance described
herein,the County shall transfer to the City,or the City's designee,the records and information in
its possession related to the District,including,but not limited to,formation and governance of the
District,District finances, the GO Bonds,the SA Bonds, and the District Projects.
Section 4. Assignment and Assumption. The County hereby assigns to the City all of its
rights, interests, duties and obligations under the District Development Agreement. The County
further assigns to the City any and all other rights, interests, duties and obligations of the County
that may apply generally with respect to the District. The City hereby assumes all such rights,
interest, duties and obligations set forth above. All rights, interests, duties, and obligations of the
District,including,but not limited to,in connection with the GO Bonds,the SA Bonds,the District
Projects, and the Reimbursement Resolution shall remain the District's.
Section 5. Ratification. All proceedings, actions and approvals of the County, City,
District, and their officers, employees and agents heretofore held, taken or made in connection
with the matters set forth in this Joint Resolution are hereby in all respects ratified, approved and
confirmed, to the extent such proceedings, actions and approvals are and remain consistent, in
material and substantial part,with the provisions of this Joint Resolution.
Section 6. Effective Date. This Joint Resolution shall take effect and be in force
immediately upon publication of the Annexation Ordinance.
RESOLUTION—Page 4 of 10
PASSED AND APPROVED by the Board of County Commissioners on the 25"'day of July, 2023.
ADA COUNTY, IDAHO
Board of Co y Commissione
By:
od Beck, mmissioner
By:
Ryan D i son, Commissioner
By: c �'
Thomas Dayley, Commis one
ATTEST:
Trent Tripple, Ada unty Jerk
BY HEATH RIBORDY,ASSISTANT DEPUTY CLERK
RESOLUTION Page 5 of 10
PASSED AND APPROVED by the City Council on the 25 h day of July, 2023.
CITY OF EAGLE
Ada County,Idaho
By:
son fierce,Mayor
ATTEST:
LE
O • p`� ;O
4TracyE. rn, Eagle City Clerk
,a0..l)n.
RESOLUTION—Page 6 of 10
EXHIBIT A
Legal Description and Depiction of the District Land
Legal Description
A parcel of land situated in a portion of the East 1/2 of Section 7,a portion of
the West 1/2 of the Southwest 1/4 of Section 8,a portion of the East 1/2 of Section 18,
and the West 1/2 of the West 1/2 and the Southeast 1/4 of the Southwest 1/4 of Section
17,Township 5 North,Range 2 East,Boise Meridian,Ada County,Idaho(Includes
Avimor Subdivisions Nos 1-4)and being more particularly described as follows:
Commencing at a found aluminum cap marking the north 1/4 comer of said
Section 7,which bears N89°15'36"W a distance of 2609.16 feet from a found brass
cap marking the northeast comer of said Section 7,thence following the northerly line
of the Northeast 1/4 of said Section 7,S89°15'36"E a distance of 177.28 feet to a point
on the easterly right-of-way line of State Highway 55 and being the POINT OF
BEGINNING.
Thence following said northerly line S89°15'36"E a distance of 626.37 feet to a
point being the intersection of the Ada/Boise County line and the northerly line of said
Northeast t/4 of Section 7;
Thence leaving said northerly line and following said Ada/Boise County line
S44°03'42"E a distance of 2581.21 feet to a point being the intersection of said
Ada/Boise County line and the easterly line of said Northeast 1/4 of Section 7;
Thence leaving said County line and following said easterly line,S00°19'21"w
a distance of 839.80 feet to a found a aluminum cap marking the east 1/4 comer of said
Section 7;
Thence leaving said easterly line and following the northerly line of the
Southwest 1/4 of said Section 8,S88°00'30"E a distance of 946.43 feet to a point being
the intersection of the Ada/Boise County line and the northerly line of said Southwest
1/4 of Section 8;
Thence leaving said northerly line and following said Ada/Boise County line,
S44°04'52"E a distance of 595.05 feet to a point being the intersection of said
Ada/Boise County line and the easterly line of the West 1/2 of the Southwest 1/4 of said
Section 8;
Thence leaving said County line and following said easterly line,S00°54'11"E a
distance of 2,225.26 feet to a found 5/8-inch rebar marking the southeast corner of said
West 1/2 of the Southwest 1/4(West 1/16 comer Sections 8 and 17);
Thence leaving the easterly line of said West 1/2 of the Southwest 1/4 of Section
8 and following the easterly line of the West 1/2 of the Northwest 1/4 of said Section
17,S00°54'11"E a distance of 2,661.41 feet to a point being the southeast comer of
said West 1/2 of the Northwest 1/4(C-W I/16 comer Section 17);
Thence leaving said easterly line and following the easterly line of the
Northwest 1/4 of thew Southwest 1/4 of said Section 17,S00°54'12"E a distance of
1,329.23 feet to a found 5/8-inch rebar marking the southeast comer of said Northwest
1/4 of the Southwest 1/4(SW 1/16 corner Section 17);
Page 1 of 3
RESOLUTION—Page 7 of 10
Thence leaving said easterly line and following the northerly line of the
Southeast 1/4 of the Southwest 1/4 of said Section 17,N89°43'21"E a distance of
1,292.35 feet to a found 5/8-inch rebar marking the northeast corner of said Southeast
1/4 of the Southwest 1/4(C-S 1/16 corner Section 17;
Thence leaving said northerly line and following the easterly line of said
Southeast 1/4 of the Southwest 1/4,S00°39'09"E a distance of 1,322.57 feet to a found
aluminum cap marking the south 1/4 corner of said Section 17;
Thence leaving said easterly line and following the southerly line of said
Southwest 1/4 of Section 17,S89°25'41"W a distance of 2,573.04 feet to a found
aluminum cap marking the southwest comer of said Section 17;
Thence leaving said southerly line of said Southwest 1/4 of Section 17 and
following the southerly line of the Southeast 1/4 of Section 18 and the subdivision
boundary of Avimor Subdivision no. 1,N87°17'1 TV a distance of 2,168.19 feet to a
found 5/8-inch rebar,
Thence leaving said southerly line of said Southeast 1/4 of Section 18 and
following said subdivision boundary,S02°42'43"W a distance of 330.00 feet to a found
5/8-inch rebar;
Thence following said subdivision boundary,N87°17'17"W a distance of
919.72 feet to a point on the easterly right-of-way line of State Highway 55;
Thence following said subdivision boundary and said easterly right-of-way line
the following courses:
1. 238.92 feet along the arc of a non-tangent curve to the left,said curve having
a radius of 1,225.92 feet,a delta angle of 11°09'58"and a chord bearing of
NO2°39'30"E and a chord distance of 238.54 feet;
2. S87°04'31"W a distance of 15.00 feet;
3. 257.09 feet along the arc of a spiral curve to the left having a chord bearing
of N07003'46"W a distance of 256.95 feet;
4. N09°10'29"W a distance of 530.28 feet;
5. S80"49'31"W a distance of 5.00 feet;
6. N09°10'29"W a distance of 534.91 feet;
7. 243.46 feet along the arc of a spiral curve to the right having a chord bearing
of N07°07'10"W a distance of 243.33 feet;
8. 102.03 feet along the arc of a circular curve to the right,said curve having a
radius of 1,085.92 feet,a delta angle of 05°23'01",a chord bearing of
N00°13'59"W and a chord distance of 101.99 feet;
9. 243.46 feet along the arc of a spiral curve to the right having a chord bearing
of N06039'13"E and a chord distance of 243.33 feet;
10.N81°17'28"W a distance of 19.93 feet;
11.N08°42'04"E a distance of 1,715.79 feet;
Thence leaving said subdivision boundary and following said easterly
right-of-way line the following courses:
1. N08°42'04"E a distance of 3,600.85 feet;
2. 292.97 feet along the arc of a circular curve to the left,said curve having a
radius of 1,974.86 feet,a delta angle of 08°29'59",a chord bearing of
N04°27'05"E and a chord distance 292.69 feet;
3. N00°12'06"E a distance of 2,925.84 feet;
Page 2 of 3
RESOLUTION-Page 8 of 10
4. 296.83 feet along the arc of a circular curve to the left,said curve having a
radius of 2,929.79 feet,a delta angle of 05°47'25",a chord bearing
NO2°41'37"W and a chord distance of 295.96 feet to the POINT OF
BEGINNING;
EXCEPTING THEREFROM
All of McAfee Subdivision,recorded in Book 98,Pages 12,527 through 12,529,
records of Ada County,Idaho.
ALSO EXCEPTING THEREFROM
All of Avimor Subdivision No. 1,recorded in Book 100,Pages 13,049 through
13,069,records of Ada County,Idaho.
ALSO EXCEPTING THEREFROM
All of Avimor Subdivision No.2,recorded in Book 103,Pages 13,830 through
13,832,records of Ada County,Idaho.
ALSO EXCEPTING THEREFROM
All of Avimor Subdivision No. 3,recorded in Book 105,Pages 14,456 through
14,461,records of Ada County,Idaho.
TOGETHER WITH
Lot 1,Block 1,Lots 1 through 5,Block 11,Lot 20,Block 12,and Lot 1,Block
16 of Avimor Subdivision No. 1,recorded in Book 100,Pages 13,049 through 13,069,
records of Ada County,Idaho.
Said description contains 654.585 acres,more or less.
This description was compiled from data provided to Idaho Survey Group. Idaho
Survey Group did not research the information provided for completeness or accuracy
and Idaho Survey Group did not verify the information with a survey on the ground.
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RESOLUTION—Page 9 of 10
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IDAHO EXHIBIT DRAWING FOR ,�sw
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GROUP, L L C LOCATED IN THE SECTIONS 7,A.17 AND 18.T.SN..R.2E.B Y. D`Q DAIS
ADA COUNTY.IDAHO 5/4/2023
RESOLUTION—Page 10 of 10