Development Agreement - 2023 - Cascade Springs Subdivision - 8/22/2023 ADA COUNTY RECORDER Trent Tripple 2023-049872
BOISE IDAHO Pgs=43 VICTORIA BAILEY 08/29/2023 11:06 AM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and between the
CITY OF EAGLE, a municipal corporation in the State of Idaho("City"), by and through its Mayor,
VIPER INVESTMENTS LLC and ENDURANCE HOLDINGS LLC ("Owner"), and CHALLENGER
DEVELOPMENT INC. ("Developer").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County Parcels Nos.
S0409141800, S0410233600, SO410314840, and S0410314810("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-14-22;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation); and
WHEREAS, the Owner desires a MU-DA (Mixed Use with a development agreement)and a R-6-
DA (Residential with a development agreement) zoning classification to develop a residential use 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 development 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
conllnuJlity 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 M[J-DA (Mixed Use with a development
agreement) and a R-6-DA (Residential with a development agreement)zoning designation for the Property
with the requirements set thrth in this Development Agreement;and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement(Exhibit B)pursuant to Eagle City Code Section 8-1 0-1(C)(1)and be bound by same;
and
Page 1 of 13
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein,the parties agreed as follows:
ARTICLE
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
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the MU-[)A (Mixed Use with a development agreement) and a R-6-DA
(Residential with a development agreement), 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 The maximum gross density for the Property shall be 2,86 dwelling units per acre(398 single-family
lots).
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review,design review,preliminary and final plat reviews,anti/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.
3.3 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 single-family dwellings and single-family attached dwellings shall be constructed in substantial
conformance with the architectural styles shown on (Exhibit D) (attached and incorporated herein
by reference).
The architectural styles provided by the applicant shall be the required architectural styles for the
development. To assure compliance with this condition, the applicant shall create an. architectural
control committee (ACC) as a component of the subdivision CC&Rs. 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 final plat application for phase one.
The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee (ACC).
Building permits applications that do not have an approval letter attached will not be accepted.
Page 2 of 13
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To assure compliance with the PUD conditions of approval herein,the City reserves the right to deny,
at its discretion, any building permit application that does not meet the architectural requirements
established herein.
3.5 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,fences shown,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 homeowner's association or other
entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit E). All
other fencing (i.e. dog-eared cedar fencing, chain-link)shall be prohibited.
(c) A maintenance manual for the streetlight(s)requiring that the association shall have the duty
to maintain and operate the light fixtures including the repair and replacement of the fixture,
any associated electrical supply, and light bulbs, in perpetuity.
(d) 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
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.
(e) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Cascade Springs Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
36 The applicant shall be required to construct the following amenities as shown on the Concept Plan
(Exhibit C) with the associated subdivision phase:
• Lot 1, Block 6 - Pool facility with changing rooms and a parking lot(Phase 2)
• Lot 18, Block 4 - Public Parking with Trailhead (Phase 2)
• Lot I, Block 5 - Covered seating area (Phase 2)
• Lot 5, Block 7 - Workout stations and a covered seating area with a barbeque (Phase 5)
6 Lot 1, Block 12 - Children's play structure/Area(Phase 6)
® Lot 8, Block 13 - Pickleball and Shuffleboard Courts (Phase 7)
The amenities shall be constructed prior to the City Clerk signing the final plat for the associated
subdivision phase.
3.7 The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways,and
Recreation Commission Pathway Recommendations memo, dated February 16, 2023, except that
the gravel parking lot within Lot 18, Block 4, shall be surfaced with asphaltic concrete in lieu of
gravel and the 12-foot (12') wide natural surface trail located within the future lTD right of way
area shall be removed and the inclusion of a 10-foot (10') wide concrete sidewalk within the 75-
foot(75') wide buffer area located along the western edge of the property(per the exhibit below)
shall be included. The required pathways shall be completed with the associated subdivision phase
prior to the City Clerk signing the final plat.
Page 3 of 13
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From the PPRC Memo dated 02/16/23 Proposed Revised
3.8 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions.Prior to
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential uses.
3.9 The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho
Transportation Department improvements. The applicant shall be required to provide a copy of the
executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the
City Clerk signing the first final plat or prior to the issuance of any building permits, whichever
occurs first.
:3.10 Open Space:
3.10.1. The Site shall comply with the open space requirements pursuant to Eagle City Code
Section 8-6-5 in effect at the time of the submittal of a preliminary plat application,
3.10.2. Al!open space areas are subject to the Eagle Design Review process and standards of Eagle
City Code 8-2A.
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3.10.3. All Community Open Space shall comply with the Eagle City Code in effect at the time of
any preliminary plat application.
All Community Open Space shall be maintained by the Cascade Springs Home Owners
Association.
3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lots located adjacent to State Highway 16 and North
Palmer Lane.4)elevation plans for all proposed common area structures and irrigation pump house
(if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6)
useable amenities such as picnic tables,covered shelters,benches,gazebos,and/or similar amenities.
The design review application shall be reviewed and approved by the Design Review Board and
City Council prior to the submittal of a final plat application.
3.12 A letter of approval shall be provided to the City from the Middleton Mill Ditch Company approving
any encroachments of the canal company's facilities. The owners shall also provide a copy of any
License Agreement associated with the site prior to the commencement of construction of any
improvements on the site.
3.13 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property.The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
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 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 Owners fail to comply with the commitments set forth herein, within thirty(30)days
of written notice of such failure from City. City shall have the right, without prejudice to any other
rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
5.2 if required to proceed in a court of law or equity to enforce any provision of this Development
Agreement,City 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,
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of'Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
RUT (Rural-Urban Transition --- Ada County designation) zoning designation until City enacts and
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records an ordinance changing the property to the MU-DA (Mixed Use with a development
agreement)and R-6-DA(Residential with a development agreement)zoning designation.
ARTICLE VI
Lf NEN FORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall,to any extent,be held invalid or unenforceable,
the remainder of this instrument shall nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable, shall be re-negotiated in good faith between Owner(s)(or other
appropriate party) and City.
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 he a burden on the
Property,shall he 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 he binding on
Owner, and 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
he 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 connnitments 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 6'7-6509, 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 patties 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 he deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law, This Development Agreement shall he 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 City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
he given by personal delivery, by mailing the same by registered or certified mail, return receipt
Page 6 of t 3
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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;
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner: Viper Investments LLC and
Endurance Holdings TLC
Attn: Corey Barton
1977 E. Overland Road
Meridian, ID 83642
Developer: Challenger Development Inc.
Attn: Corey Barton
1977 E. Overland Road
Meridian, ID 83642
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 oilier remedies afforded City herein,Owner agrees to provide
adequate financial assurance to City,to secure the payment of any deferred balance of the attorney fees
and the engineering fees, together with interest accrued thereon. City shall provide to the Owner an
estimate for the anticipated attorney fees and engineering fees associated with this 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 ten us of this Agreement. Thereafter,City shall bill Owner for
such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as
incurred by City and as invoiced to the Owner or,if Owner has made a cash deposit with City,City 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 City and
invoiced,then following thirty(30)days of written notice of such failure from City,City 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,
City shall release to the Owner the unused portion of the cash deposit or the letter of credit,as applicable.
City's draw upon the financial assurance under this Section shall not preclude it from exercising arty 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;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
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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 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LI,C) action, and necessary corporate (or
EEC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.11 Termination: if the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
Page 8 of 13
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 21, clay of , 2023.
(
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
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By: `,,k
Jan.1.-i-rce, Mayor
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frae -E. 5 'Clerk' y .._ l3orn, C4t y
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STATE OF IDAHO )
: ss.
County of Ada )
On this 111.- day of Oi:41; V S , 2023, before the undersigned notary public in and for
the said state, personally appeared JASON PIERCE, known and identified to me to be the Mayor of the
CITY OF EAGLE and the person who executed the foregoing instrument on behalf of said City and
acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
„Nig 011E014044 , ,,,/''
jerk"i C SEAA .'
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P 3 E Notary Pyblic for'Idaho
; %el OBL1 : 2 C
* * Residing at:
SI' My Commission Expires: 21 Ilk
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OF 191:,
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OWNER:
ENDURANCE HOLDINGS LK
Corey Barlrion
STATE OF IDAHO )
ss.
County of Ada
On this day of 1- /4.j--S'f , 2023, before the undersigned notary public in and for
the said state, personally appeared CIAEY BARTON, known and identified to me to be an owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
ADAIR KOLTES Notary Public for Idaho
Notary Pauic Staie of Idaho Residing at: A/41/%1aq
Commission Number 30052
Nly Commission Expires: b .1).
My Commission Expiros 06435-2028
Page 10 of 13
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OWNER:
VIPER INVESTMENTS LLC /
/
By
Corey Barton,Member ---
STATE OF IDAHO )
: ss,
County of Ada
On this day of A-1,,qjAS1 2023, before the undersigned notary public in and for
the said state, personally appeared ( WEN' BARTON, known and identified to me to be a Member of
VIPER INVESTMENTS LLC, known or identified to me to an owner of the property referenced herein
and the persons who executed the foregoing instrument.
IN WITNESS WITEREOF, I have hereunto set my hand and seal the day and year first above
written.
ADAIR KOLTES -
Notary Public- State at tdaho Notary Public for Idaho
Commission Number 3005292.6 Residing at: tr
My Commission Expies,06-.05•2 My Commission Expires:
Page 11 of 1.3
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DEVELOPER:
CHALLENGER DEVELOPMENTINC.
,„
Corey Bartor4414eferbef Pir;td
STATE OF OF IDAHO )
: ss.
County of Ada
(g)
On this tio'k-day of 2023, befbre the undersigned notary public in and for tio
the said state, personally appeared C )I(7),EY BARTON, known and identified to me to be a 4.41effi•l?p. fri, 4.revSict.t.st,
CHALLENGER DEVELOPMENT INC_ known or identified to me to be the Developer of the Cascade
Springs Subdivision referenced herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Idaho
ADAIR kOLTES
Notary Public - State of Idaho Residing at: Ned jiO4
Comrnission Number 30052 My Commission Expires: 6-05- 0)-6 A
My Commission Expires 06-05-2028
Page 12 of 13
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INDEX OF EXHIBITS
A Legal Description
Corey Barton (Owner)
Concept Plan
Architectural Elevations
Fencing Plan
Page 13 of 13
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EXHIBIT A
Legal Description - City of Eagle Annexation,
Cascade Springs Subdivision
A parcel of land being located in the W 14 of Section 10 and the NE "/of Section 9, T.4N., R.1W., B.M.,
Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northeast corner of the NW"/ (N 1/4 corner) of
said Section 10, from which a 5/8 inch iron pin monument marking the southeast corner of said NW'/4
(Center 1/4,corner) bears S 0°36'48"W a distance of 2629.12 feet;
Thence along the easterly boundary of said NW'/4 S 0°36'48"W a distance of 1314.56 feet to a 518 inch
diameter iron pin monument marking the northeasterly corner of the S "/2 of said NW 1/4, the POINT OF
BEGINNING;
Thence continuing along said easterly boundary, also being along the westerly boundary of Snoqualmie
Falls Subdivision No. 9, as shown in Book 113 of Plats on Pages 16612 through 16614, Ada County
records, and of Snoqualmie Falls Subdivision No. 14, as shown in Book 120 of Plats on Pages 18609
through 18611, Ada County records, S 0°36'48"W a distance of 1314.56 feet to a 5/8 inch diameter iron
pin monument marking the southeast corner of the NW 1/4(Center%corner) of said Section 10;
Thence along the easterly boundary of the SW'/4 of said Section 10 S 0°36'50"VV a distance of 330.00
feet to a 5/8 inch diameter iron pin monument;
Thence leaving said easterly boundary N 89°13'43"W a distance of 2645.53 feet to a point on the westerly
boundary of said SW'/4;
Thence along said boundary N 0°34'01" E a distance of 330.00 feet to a Brass Cap monument marking the
1/4 corner common to said Sections 9 and 10;
Thence along the southerly boundary of the NE /4 of said Section 9 N 89°35'13" W a distance of 1313,85
feet to the southwest corner of the SE "/4 of said NE 1/4;
Thence along the westerly boundary of said SE 14 of the NE "/4 N 0°39'18" E a distance of 1321.07 feet to
the northwest corner of said SE '/4 of the NE 14;
Thence along the northerly boundary of said SE '/4 of the NE 'l4, also being partially along the southerly
boundary of Snoqualmie River Subdivision No. 3, as shown in Book 119 of Plats on Pages 18320 through
18325, Ada County records, S 89°35'20" E (formerly S 89°35'06" E) a distance of 1317.97 feet to a 5/8
inch diameter iron pin monument marking the northwest corner of the S '/x of the NW'/4 of said Section 10;
Thence S 89°05.09" E along the northerly boundary of said S "/2 of the NW'/4, also being partially along the
southerly boundary of said Snoqualmie River Subdivision No. 3 (formerly S 89°05'11" E), and of
Snoqualmie River Subdivision No. 2, as shown in Book 116 of Plats on Pages 17407 through 17409, and
Snoqualmie River Subdivision No. 1, as shown in Book 114 of Plats on Pages 16934 through 16936, Ada
County Records, a distance of 2640.75 feet to the POINT OF BEGINNING.
�0\A t.. LANs.
Said parcel containing 139.92 acres, more or less. ,,c S
Clinton W. Hansen, PLS a 11118 NN'
Land Solutions, PC `$1 ,� '7�'
August 26, 2022 n` qT a r O �
Cascade Springs Subdivision
LAndSolutions
Lond Swrveying and C°risu/ting City of Eagle Annexation
Job No.20-46
Page 1 of 1
CITY OF EAGLE ANNEXATION ..„,.._
CASCADE SPRINGS SUBDIVISION
LOCATED IN THE W 1/2 OF SECTION 10 AND THE NE 114 OF SECTION 9, TAN., R.1W, B.M.
EAGLE, ADA COUNTY, IDAHO
E 1/16
t..... 6;11/4
---1 SNOQUALMIE RIVER SUBDIVISION NO. 3 SNOQUALMIE RIVER SUBDIVISION NO. 2 SNOQUALMIE RIVER SUBDIVISION„NO: z1c1:-...° ,.,..„
t --i i- • , :i
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., ____, -, POINT OF
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LatitaSiolutioris
____--- Land Surveying and Consuffing -
231 E ETH ST.STE.A
MERIDIAN,ID 63642
Rail 2i3E.2040 (208)2E8-25.61'tax
www lancisoluberls.tx2 ..0:3 ta-.: 20-46
• ., „ -
Legal Description M Preliminary Plat
Cascade Springs Subdivision
A parcel of land being located in the W'/2 of Section 10 and the NE '/4 of Section 9, TAN., R.1W., B.M.,
Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northeast corner of the NW'/4 (N 1/4 corner) of
said Section 10, from which a 5/8 inch iron pin monument marking the southeast corner of said NW'/4
(Center 'A corner) bears S 0'336'48"W a distance of 2629.12 feet;
Thence along the easterly boundary of said NW'l S 0°36'48" W a distance of 1314.56 feet to a 5/8 inch
diameter iron pin monument marking the northeasterly corner of the S% of said NW 1/4, the POINT OF
BEGINNING;
Thence continuing along said easterly boundary, also being along the westerly boundary of Snoqualmie
Falls Subdivision No. 9, as shown in Book 113 of Plats on Pages 16612 through 16614,Ada County
records, and of Snoqualmie Falls Subdivision No, 14, as shown in Book 120 of Plats on Pages 18609
through 18611, Ada County records, S 0°36'48"W a distance of 1314.56 feet to a 5/8 inch diameter iron
pin monument marking the southeast corner of the NW'/4(Center '/4 corner) of said Section 10;
Thence along the easterly boundary of the SW% of said Section 10 S 0°36'50"W a distance of 330.00
feet to a 5/8 inch diameter iron pin monument;
Thence leaving said easterly boundary N 89°13'43"W a distance of 2645.53 feet to a point on the westerly
boundary of said SW%;
Thence along said boundary N 0°34'01" E a distance of 330.00 feet to a Brass Cap monument marking the
%corner common to said Sections 9 and 10;
Thence along the southerly boundary of the NE '/4 of said Section 9 N 89°35'13"W a distance of 1285.19
feet to an Aluminum Cap monument on the easterly right-of-way of State Highway 16 (Emmett Highway);
Thence along said right-of-way N 0°48'34" E a distance of 1321.09 feet to a point on the northerly
boundary of the SE '/4 of said NE '/4;
Thence along said northerly boundary, also being partially along the southerly boundary of Snoqualmie
River Subdivision No. 3, as shown in Book 119 of Plats on Pages 18320 through 18325, Ada County
records, S 89°35'20" E (formerly S 89°35'06" E)a distance of 1285,75 feet to a 5/8 inch diameter iron pin
monument marking the northwest corner of the S '/2 of the NW'/4 of said Section 10;
Thence S 89°05'09" E along the northerly boundary of said S %of the NW'/a, also being partially along the
southerly boundary of said Snoqualmie River Subdivision No. 3 (formerly S 89°05'11" E), and of
Snoqualmie River Subdivision No. 2, as shown in Book 116 of Plats on Pages 17407 through 17409, and
Snoqualmie River Subdivision No. 1, as shown in Book 114 of Plats on Pages 16934 through 16936, Ada
County Records, a distance of 2640.75 feet to the POINT OF BEGINNING.
o.. LANQ
Said parcel containing 139.00 acres, more or less. c° e S T `/
a
Clinton W. Hansen, PLS 0- 1 111•8
Land Solutions, PC (At,60-1.
o
August 26, 2022 f�rT� G r ,� \,\c-0�,
, W �A
Cascade Springs Subdivision
LtindSolutionSLand Surveying and C°rsutting Preliminary Plat
Job No 20-46
Page 1 of 1
CASCADE SPRINGS SUBDIVISION
LOCATED IN THE W 1/2 OF SECTION 10 AND THE NE 1/4 OF SECTION 9, TAN., ,R.1W. B M
EAGLE, ADA COUNTY, IDAHO
E 1/16
1,,A.
SNOQUALMIE RIVER SUBDIVISION NO. 3 SNOQUALMIE RIVER SUBDIVISION NO. 2
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SNOOUALMIE RIVER SUBDIVISION
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k„„, ___— Land Surveying and Consulting
231 E STii Si.,STE.A
MERiDIAN,it) 83642
i 208)238-2040 t 208',288-2557 fax
v1/4.v.,v,,landsolutionstiz ,;83 N,) 28--46
1 ..
Legal Description — City of Eagle MU Zone
Cascade Springs Subdivision
A parcel of land being located in the W'/z of Section 10 and the SE 1/4 of the NE 1/4 of Section 9,
TAN., R.1W., B.M.. Ada County. Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northeast corner of the NW% (N 1/4
corner) of said Section 10, from which a 5/8 inch iron pin monument marking the southeast
corner of said NW 1/4 (Center "/ corner) bears S 0°36'48" W a distance of 2629.12 feet;
Thence along the easterly boundary of said NW 1.4 S 0°36'48" W a distance of 1314.56 feet to a
5/8 inch diameter iron pin monument marking the northeasterly corner of the S '/4 of said NW/,
the POINT OF BEGINNING;
Thence continuing along said easterly boundary, also being along the westerly boundary of
Snoqualmie Falls Subdivision No. 9, as shown in Book 113 of Plats on Pages 16612 through
16614, Ada County records, and of Snoqualmie Falls Subdivision No. 14, as shown in Book 120
of Plats on Pages 18609 through 18611, Ada County records, S 0°36'48" W a distance of
1314.56 feet to a 5/8 inch diameter iron pin monument marking the southeast corner of the NW
°/4 (Center '/a corner) of said Section 10;
Thence along the easterly boundary of the SW%of said Section 10 S 0°36'50" W a distance of
330.00 feet to a 5/8 inch diameter iron pin monument;
Thence leaving said easterly boundary N 89°13'43" W a distance of 2645.53 feet to a point on
the westerly boundary of said SW l4;
Thence along said boundary N 0°34'01" E a distance of 330.00 feet to a Brass Cap monument
marking the ' corner common to said Sections 9 and 10;
Thence along the southerly boundary of the NE '/a of said Section 9 N 89°35'13" W a distance of
85.04 feet to a point;
Thence leaving said boundary N 0°33'59" E a distance of 23.61 feet to a point of curvature;
Thence a distance of 231.69 feet along the arc of a 530.00 foot radius curve right, said curve
having a central angle of 25°02'47" and a long chord bearing N 13°05'25" E a distance of
229.85 feet to a point of tangency;
Thence N 25°36'48" E a distance of 224.76 feet to a point of curvature;
Thence a distance of 161.44 feet along the arc of a 370.00 foot radius curve left, said curve
having a central angle of 25°00'00" and a long chord bearing N 13°06'48" E a distance of
160.17 feet to a point of tangency;
Thence N 0°36'48" E a distance of 30.63 feet to a point;
Thence N 88°42'00' W a distance of 81.13 feet to a point;
Thence N�80°36'55" W a distance of 27.17 feet to a point:
Cascade Springs Subdivision
LanciSolubans
Land Surveying and C°natanng City OF Eagle Itillu Zone
Job No.20-46
Page 1 of 2
Thence N 71°23'10" W a distance of 91.13 feet to a point;
Thence N 78°15'13" W a distance of 101.27 feet to a point;
Thence N 81°48'10" W e distance of 46.22 feet to a point;
Thence N 85°48'05" W a distance of 52.47 feet to a point;
Thence N 89°36'00" W a distance of 1015.40 feet to a point on the westerly boundary of said
SE 1/4 of the NE 14;
Thence along said boundary N 0°39'18" E a distance of 619.62 feet to the northwest corner of
said SE '/4 of the NE f;
Thence along the northerly boundary of said SE % of the NE '/, also being partially along the
southerly boundary of Snoqualmie River Subdivision No. 3, as shown in Book 119 of Plats on
Pages 18320 through 18325, Ada County records, S 89'335'20" E (formerly S 89°35'06" E) a
distance of 1317.97 feet to a 5/8 inch diameter iron pin monument marking the northwest corner
of the S 1/2 of the NW'/4 of said Section 10;
Thence S 89°05'09" E along the northerly boundary of said S % of the NW /4, also being
partially along the southerly boundary of said Snoqualmie River Subdivision No. 3 (formerly S
89°05'11" E), and of Snoqualmie River Subdivision No. 2, as shown in Book 116 of Plats on
Pages 17407 through 17409, and Snoqualmie River Subdivision No. 1, as shown in Book 114 of
Plats on Pages 16934 through 16936, Ada County Records, a distance of 2640,75 feet to the
POINT OF BEGINNING.
Said parcel containing 118.60 acres, more or less.
Clinton W. Hansen, PLS LA
Land Solutions, PC �� � ' cA6'4,
August 26, 2022f
rl 1 1 8 X
Cascade Springs Subdivision
LzindSolutions
Lana Surveying antl C°nsuiitng City Of Eagle MlJ Zone
Job No.20-46
Page 2 of 2
EAGLE MU ZONE AREA
CASCADE SPRINGS SUBDIVISION
LOCATED IN THE W 1/2 OF SECTION 10 AND THE SE 1/4 OF THE NE 1/4 OF SECTION 9
T 4N., R.1W , B.M., EAGLE, ADA COUNTY, IDAHO
E 1/16 3
1/4
10 `
,it,.
_
1
N
.__i a , 1 , ____._
S89s35'20 - -f317�9 'S S5 '05`09'E 2849,75' PONTI
BEGINN1N'G �' gi F-- .
a N89'36'00"W 1015.40' .41 c)cn.
30.63 ;,4,41C\ • v4 ZONE
,.?' A`E =118.9Q ACRES �.
-•-i-4 n. :
—Ip er g:: tr. ._
ND'33'59»E._ C:3. --
23.61' \ 1 `4
>- _ _ N89'35'13'W —85.04' 9 ; t .. .. C 1/4
_�: .,_.
1' n1
ar ' M N89'13'43"W 2645.53'
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I cnI co
..:.:: S 1/16
LINE TABLE
1/4 10 `
LINE # I LENGTH DIRECTION
5
i
. :.,`' .: ;' .::...
t 2 i 11 46.22' N81.48'10"W
L3 I 101.27' N78°15'13" N�'�
W
L4
.
.. '
o . ,, V .A.
0' 00' 09' 1200' L5 27.17' N80'36'55'W 1t 1• %
» I:o::o:;::::::;>r.. L6 I 81.13' N8Y'42>C0"N 0ts..) . 2Ad .
.
.- , # 1,. ON \AaP.
•
CURVE TABLE
•
CURVE # I LENGTH RADIUS ! DELTA BEARING CHORD Laradolutions
i
Cl ,,
j 231.69' 530.00 j 25'02'47" N13'05'25'E 229.85' 1 _!--' Land Surveying and Consulting
C2 161.44' 370.00' :3i E S£ii ST STE A 25`00'Ofl" NiN13'06'48"E 160.17' MER1011.1N.10 5 842
(208)288-2040 (20')288.2557 fax I.
.^A"'{aRC5O.8t0fi9 b!z J013 O.20-46:
I.
Legal Description — City of Eagle R-6 Zone
Cascade Springs Subdivision
A parcel of land being located in the SW'/4 of the NW'/a of Section 10 and the SE % of the NE
1/4 of Section 9, TAN., RAW., B.M., Ada County, Idaho, and more particularly described as
follows:
Commencing at an Aluminum Cap monument marking the northeast corner of the NW'/% (N 1/4
corner) of said Section 10, from which a 5/8 inch iron pin monument marking the southeast
corner of said NW% (Center '/4 corner) bears S 0°36'48" W a distance of 2629.12 feet;
Thence along the easterly boundary of said NW ;f4 S 0'36'48" W a distance of 1314.56 feet to a
5/8 inch diameter iron pin monument marking the northeasterly corner of the S %z of said NW 1/4;
Thence along the northerly boundary of the S 1/2 of the NW 1/4 of said Section 10 N 89°05'09" W
a distance of 2548.00 feet to a point;
Thence leaving said boundary S 0°54'51" W a distance of 682.22 feet to the POINT OF
BEGINNING;
Thence S 0°36'48" W a distance of 30.63 feet to a point of curvature;
Thence a distance of 161,44 feet along the arc of a 370.00 foot radius curve right, said curve
having a central angle of 25°00'00" and a long chord bearing S 13°06'48" W a distance of
160.17 feet to a point of tangency;
Thence S 25°36'48" W a distance of 224.76 feet to a point of curvature;
Thence a distance of 231.69 feet along the arc of a 530.00 foot radius curve left, said curve
having a central angle of 25°02'47" and a long chord bearing S 13°05'25" W a distance of
229.85 feet to a point of tangency;
Thence S 0°33'59" W a distance of 23.61 feet to a point on the southerly boundary of the SE {4
of the NE '/of said Section 9;
Thence along said boundary N 89°35'13" W a distance of 1228.81 feet to the southwest corner
of said SE % of the NE %;
Thence along the westerly boundary of said SE '/4 of the NE '/4 N 0°39'18" E a distance of
701.45 feet to a point;
Thence leaving said boundary S 89°36'00" E a distance of 1015.40 feet to a point;
Thence S 85°48'05" E a distance of 52.47 feet to a point;
Thence S 81°48'10" E a distance of 46.22 feet to a point;
Thence S 78°15'13" E a distance of 101.27 feet to a point;
Thence S 71°23'10" E a distance of 91.13 feet to a point;
Cascade Springs Subdivision
LandSolutions��- tared Surveying City of eagle Annexation
Job No.20-46
Page 1 of 2
Thence S 80°36'55" E a distance of 27.17 feet to a point;
Thence S 88°42'00" E a distance of 81.13 feet to the POINT OF BEGINNING.
Said parcel containing 21,02 acres, more or less.
Clinton W. Hansen, PLS ,,.,‘s I Es , ��
Land Solutions, PC e`` ,`�i. ,,4 ,
August 26, 2022 c ea . 7��
.. i `.F �, „ ,..4.,
x cOus Cascade Springs Subdivision
c ___._,. land Surveying andConsulthig City of Eagle Annexation
Job No.20-46
Page 2 of 2
EAGLE R-6 ZONE AREA
CASCADE SPRINGS SUBDIVISION
LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 10 AND THE SE 1/4 OF THE NE 1/4 OF SECTION 9
T.4N., R.1W., BM . EAGLE, ADA COUNTY, IDAHO
E1/16 3
1/4
y10
1 �,
r_�
E ; 7.r.
( S 1 /1'6 '
1 N89'i 5`09 W 2548.00'i
{
as
ffi IN
S89'36'0U"E 1015.40' L8 u� POINT OF fr
;,, .. 1 ,t2C'4 r ,r, o_
¢,!-fi BEGINNING O u) bin s.
_ .66'48"iti OS�O C'''i PSiOt `�
�' pY M c,�gC�l x
k R-6: ZONE •S S9 �N„5 3
�-- AREA 2.1:.O ACRES „...
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St'33'S9)itt cL
J�1
> N89'35'13'W 1228.81' 9 +10 ------
x
f
i Nd
g" 3 0
LAJ
1/15
TABLE o s LINE TALE.
1 10
LINE # 1 /4 LENGTH DIRECTION
��1
1-1 I 52.47' S8S'48'05''E
3::,.. iiii:
L2 . 46.22' S81`48'10"E
L �— I J1.27' S7r3`15'13"E ,O_to°'LA No
L4 j 91.13' 571°23'10"E 4/ tt- $ ;g ra a
0' 300' 600' '1200` L5 27.17' '380°36'55'E 1\`11 ,8 •
'
• :. I L6 1 81.13' S88'42'00"E , ,.A, Z{ c..A)
ONE
CURVE TABLE 1 .
CURVE # LENGTH RADIUS DELTA 1 BEARING CHORD i Ci 161,44' 370.00' 25°0000" S1306'48W Lat1dOiutIIPfs 160.17' --=-- Land Surveying and Consulting
2:31 E .5f ii S I.,STE A
C2 231.69' i 530,00' 1 25'02'47" 1 S13 05'25'W 229.85' 1 MERIDIAN,ID 88642
(208.1 288-2040 (208}288-2557 fax-
VOW,:tandc-oiutions.biz ,3813?30.0-46
Exhibit "B"
Affidavit of COREY BARTON on behalf of VIPER INVESTMENTS LLC and
ENNDURANCE HOLDINGS LLC (Owners) and CHALLENGER DEVELOPMENT INC.
(Developer)
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
I, Corey Barton, who being first duly sworn under oath, depose and say:
1. I am COREY BARTON, who is a member of VIPER INVESTMENTS LLC and
ENDURANCE HOLDINGS LLC, and President of CHALLENGER DEVELOPMENT INC., all with the
mailing:address of 1977 E. Overland Road, Meridian, Idaho 83646.
2. VIPER INVESTMENTS LLC AND ENDURANCE HOLDINGS LLC are the fee simple
owners of the parcels of real property described on Exhibit A. attached hereto(the "Property").
3. CHALLENGER DEVELOPMENT INC:. is the Developer of this property.
4. VIPER INVESTMENTS LLC AND ENDURANCE HOLDINGS LLC authorize the
submission of the Property to a certain Development Agreement dated the day of
2023, 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 Corey
Barton, Member of Viper Investments LLC and Endurance Holdings LLC.
DATED this gati:day of AL..4„..9„-S+ , 2023,
VIPER INVESTMENTS EEC..
Corey Barton, Member
ENDURANCE HOLDINGS/J.,LC
Corey Barton, M ern 1;'er
CHALLENGER DEVELOPMUNI INC.
/
Corey Rarebit, President
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SUBSCRIBED AND SWORN to before me this 16.4.1- day of 31 2023.
Notary Public for Idaho
Residing at 4114,-,-P-4. Idaho
My Commission expires
ADAIR KOLTES
Notary Pub!ic- Stale of Idaho
Commission Number:30052
My Commission Expres 06-C15-2028
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