Development Agreement - 2023 - Route 44 Crossing Subdivision - 2Nd Amended & Restated - 9/6/2023 ADA COUNTY RECORDER Trent Tripple 2023-052483
BOISE IDAHO Pgs=23 ANGIE STEELE 09/12/2023 03:06 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O.Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
SECOND AMENDED AN)RESTAl'ED DEVELOPMENT AtratEEMENT
This Amended and Restated 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 ("Eagle"), ES 5.0, LLC an Idaho limited liability company ("ES 5.0")
and ES 7.7, LLC, an Idaho limited liability company ("ES 7.7"). ES 5.0 and ES 7.7 are sometimes
referred to herein,individually or collectively, as the context dictates,as("Owner"). Upon recordation of
this Development Agreement, that certain Development Agreement recorded in the real property records
of Ada County, Idaho, on October 9, 2007, as instrument number 107139048 (the "First Amended and
Restated Development Agreement") shall be void and of no further force or effect. This First Amended
and Restated Development Agreement replaced the Original Development Agreement recorded in the real
property records of Ada County, Idaho, on April 21, 2005, as instrument number 105048971 (the
"Original Development Agreement").
nCITAL
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 15.5
acres located on the northeast corner of State Highway 44 and Linder Road at 410 N. Linder Road,Eagle,
Idaho, ("Property"), as specifically described in the attached legal description (Exhibit A)and shown on
the Concept Plan(Exhibit B), which is the subject of an application for rezone on the identified parcels,
identified as Eagle Rezone Application No. RZ-11-19 and which is subject to an application for
modification of development agreement,identified as Eagle RZ-06-04 MOD4; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, were designated on the Land Use Map of the
Comprehensive Plan as Commercial and zoned"RUT"(Ada County Residential Zoning Designation)and
includes properties within an area currently zoned "RUT' (Rural-Urban Transition - Ada County
designation);and
WHEREAS, Owner desires to develop the Property as a self-storage facility,small neighborhood
retail center,office space,live/work.dwelling units and single family residential units generally shown on
the Concept Plan;and
WHEREAS, the City Council of Eagle has determined that the scope of any self-storage facility,
neighborhood retail center, live/work and residential project upon the Property should be limited to
prevent undue damage to,and to otherwise be in harmony with,the existing community; and
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WHEREAS, the intent of this Development Agreement is to protect the right of Owner to use,
enjoy and develop the Property while at the same time limit any adverse impacts of the development upon
neighboring properties and the existing community and ensure the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS. 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 the "C-1-DA-P" (Neighborhood Business
District with a development agreement—PUD)zoning designation for the Property with the requirements
set forth in the Original Development Agreement,First Amended and Restated Development Agreement,
and as replaced by this Second Amended Development Agreement;and
WHEREAS,the City Council has determined that, in accordance with Eagle City Code Section 8-
10-1(G), the Original Development Agreement and the First Amended and Restated Development
Agreement shall be replaced by this Development Agreement; and
WHEREAS, ES 5.0 and ES 7.7 as owners of the Property have provided Eagle with affidavits
(Exhibits Cl and C2) agreeing to submit the Property to a development agreement pursuant to Eagle
City Code Section 8-10-1(C)(1); and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
WHEREFORE, Owner and the City of Eagle desire to enter into this Development Agreement
and for and in consideration of the mutual covenants contained herein,it is agreed as follows:
AGREEMENT
In consideration of the mutual covenants contained herein,the parties agreed as follows
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511..A.and Eagle City Code,Title 8,Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to C-1-DA-
P, subject to the provisions of this Development Agreement. The ordinance became effective after its
passage, approval, and publication and the execution and recordation of the Original Development
Agreement and will continue to be effective after the execution and recordation of this Amended and
Restated Development Agreement.
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the portion of the Property
(Ada County parcel #s S0412315000 and S0412346940) which are subject of the application to the C-1-
DA(Neighborhood Business District 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.
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ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 The maximum number of residential units within the Property shall not exceed 41-dwelling units.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibft B)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, at its sole discretion, 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 Property as depicted on the Concept Plan is to be developed with a combination of
retaillofficeistorage/live-work and residential uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the C-1 zoning designation(except as limited in
Section 3.6,below).Buildings shall not exceed 16,000-square feet in size,however, one(I)storage
building of up to a maximum of 70,000 square feet is permitted for this area.
3.5 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Neighborhood Business
District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations", existing at the time a design review application or conditional use permit application
(whichever the case may be)is made for individual building use.
All uses shown as "P"permitted under the C-1 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use
permit.
The following uses which are shown as "C" conditional uses under the C-I zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Banks/Financial Institutions(with drive-up service)
• Dwelling,Multi-Family(Single-family attached)
O Dwelling, Single-Family
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
O Adult business;
O Automotive gas station or fuel islands;
® Automotive washing facility;
• Cemetery;
O Convenience store with fuel service;
* Equipment rental and sales yard;
* Kennel;
• Laundry with drive up service;
Page 3 of 12
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• Live entertainment events;
• Nursery,plant materials;
* Personal wireless facilities(height over 35 feet);
* Small engine repair,
• Storage(fenced area)
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows
up to ten percent(10%)of the gross land area may be directed to other commercial uses that are not
allowed with the land use district, a Restaurant (with drive-through) use shall he permitted on one
(I)lot within the Property.
3.5.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty-
eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-thru lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and
vehicle cueing).
3.6 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, private streets, private alleys, parking
lots, fencing, and amenities. The owner shall provide an operation and maintenance manual
including the finding mechanism as an addendum to the CC&Rs. 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) Reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking
associated with the commercial parcels located adjacent to State Highway 44.
(c) A requirement for all fencing to be installed as shown on the Fencing Concept Plan(Exhibit
I)).All other fencing(i.e.dog-eared cedar fencing,vinyl,chainlink)&hall be prohibited.
(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) The business owner associated with the live/work units shall reside within the residential unit
where the business is located.
(f) An eviller/occupy clause for the residential units.(The language shall be drafted and reviewed
and approved by the Sedona Creek Subdivision homeowner's association prior to submittal
of a final development plan/final plat application.
3.7 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the City Clerk signing the final plat. Prior to issuance of any building permits, Owner shall provide
correspondence from Eagle Sewer District indicating proof of central sewer service to the proposed
residential and commercial uses.
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3.8 The applicant 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) landscape screening details and buffering for the
residential area located adjacent to North Linder Road 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 Eagle Design Review Board and Eagle City Council prior to the
submittal of the first final plat or prior to the issuance of a building permit application, whichever
comes first.
3.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design Book
(EASD Book). Architecture styles and building design elements that are not shown with the EASD
Book will not be permitted.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas(unless approved
for removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site,
3.11 Owner shall comply with all pathway requirements as identified in Exhibit"E"provided within the
PPRC recommendation memorandum dated, June 2, 2021. All pathways shall be constructed prior
to the City Clerk signing the first final plat.
3.12 The Property shall be limited to no more than one (1) access point onto State Highway 44. The
access point shall not exceed right-in, right out ingress/egress, and shall be subject to the review
and approval of the Idaho Transportation Department prior to the issuance of a Zoning Certificate
for the construction of buildings.
3.13 Access to the Property from North Linder Road and the functionality of that access shall be
reviewed and approved by Ada County Highway District prior to submittal of final development
plan and final plat applications.
3.14 Prior to the issuance of any building permits a final plat (associated with the location of the
proposed building)shall be recorded at the Ada County Recorder's office.
3.15 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.
3.16 Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding
Plan associated with the Route 44 Crossing Subdivision Covenants, Conditions, and Restrictions
prior to the City Clerk signing the first final plat.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit Cl and C2) and he bound thereby, and
comply with anal 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.
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ARTICLE V
DEFAULT
5.1 In the event Owner or any successor fails to comply with the commitments set forth herein,within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without
prejudice to any other rights or remedies, to 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. However, if a
default occurs after the Property is divided, any termination shall only affect the lot or parcel in
default and shall not affect other portions of the Property.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, the enforcing 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 attorney's fees and court costs.
5.3 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable
and not voluntarily adhered to by Owner and their successors notwithstanding any such invalidity
or unenforceability, the remainder of this instrument shall terminate and the zoning of the
Property (except that portion thereof for which a plat has been recorded or which has otherwise
been improved in accordance with the provisions of this Development Agreement) shall revert to
the A-R (Agricultural Residential) zoning designation, unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between Owner(or other
appropriate party) and Eagle as an amendment to this Development Agreement processed in
accordance with the notice and hearing provisions of Idaho Code § 67-6509 and Eagle City Code
Section 8-10-1.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, 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 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(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 Owner. Each commitment and restriction contained herein shall be a burden on the
Property and shall be appurtenant to and for the benefit of the Property and shall run with the land. This
Development Agreement shall be binding on Eagle and Owner and owners, and their respective heirs,
administrators,executors, agents, legal representatives, successors and assigns;provided, however, that if
all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties
and obligations associated with an owner's parcel and shall not be responsible for duties and obligations
or defaults as to other parcels or lots within the Property. 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 liable for all commitments and other obligations arising under this Development
Agreement with respect only to such owner's lot or parcel.
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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.
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 tune 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 Ma County,Idaho.
8.4 Legal Renresentation. 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 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
310 E.State Street
Eagle,Idaho 83616
ES 5.0,LLC: ES 5.0,LLC
Attn: David Collins
2541 E. Gala Street, Suite 310
Meridian,ID 83642
ES 7.7,LLC: ES 7.7,LLC
Attn: David Collins
2541 E. Gala Street,Suite 310
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 other 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 terms of this Agreement.
Thereafter, City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner
Page 7 of 12
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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 cTedit,as applicable. City's
draw upon the financial assurance under this Section shall not preclude it from exercising any of the
other rights and remedies afforded it in Article V or in Section 8.7.
8.7 Default.In the event Owner fails to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owner,exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
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 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_Intn_Azreetnent; 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 LLC)action, and necessary
corporate (or LLC) 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 12
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DATED this day of,eireei-. ,2023.
CITY OF EAGLE,a municipal corporation organized
and existing under the laws of the State of Idaho
By: \
I*.-4t0Th,erce,Mayor
A. ;ST:
,
,
s
racy E. m,City Clerk
..,
0,4
TIE C-)1'
STATE OF IDAHO)
: ss.
County of Ada
On this ko dayof_54.1tVIIVRLY2-,in the year 2023,before me,the undersigned,a Notary
Public in and for said State,personally appeared JASON PIERCE,known to me to be the MAYOR of
said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation,and acknowledged to me that such corporation executed the
same.
In witness whereof,I have hereunto set my hand and affixed y 'al the day and year first
written.
Notary -
stormoN
C S E1144.41Fp, 41\11
et 0 0.
:Z.:E 1.40TAR},\111/1
Residing at 0.4442. ,Idaho
4166.
PUB LAC My commission expires:
- ,
N•046
Q.„qtr. vol'T
•g948ef 1168$0C3-
Page 9 of 12
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ES 5.0,LLC
•••=z—:
Aaron Elton
Authorized Manager
ES 7.7,I.LC
By •
Aaron Elton
Authorized Manager
STATE OF IDAHO )
: ss.
County of Ada
On this day of , 2023, before me, the undersigned, a Notary
Public in and for said State, personally appeared Aaron Elton, known or identified to me to he the
Authorized Manager of ES 5.0, LLC., an Idaho limited liability company that executed the within and
foregoing instrument, or the person who executed the instrument on behalf of said-illinoig corporation,
and acknowledged to me that such-Illinois corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed iny official seal the day and
year in this certificate first above written.
• ,0,,t
/J1.`;CTLI.,,•
Notaty.ktolic "
CARISSA TATE
.SCtary Public-State Of loano Re at' flileb;t0124,10„.).:i‘ ,Idaho
Commission 4umber 2020-4356
My Commission Expires Nov 5, 2026 M • "^s 3scor4missiort expires: N.) 1• •.D e
•
Page 10 of 12
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STATE OF IDAHO )
ss.
County of Ada
On this day of sr ,2023,before me, the undersigned, a Notary Public in
and for said State, personally app6itreci Aaron Elton, known or identified to me to be the Authorized
Manager of ES 7.7, LLC., an Idaho limited liability company that executed the within and foregoing
instrument, or the person who executed the instrument on behalf of said Idaho limited liability company,
and acknowledged to me that such Idaho limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public
CARISSA TATE
Notary Puk,iiic State of idaho Residing at ,Idaho
Commission Number 20204356 ,
My Commission Expires Nov 5, 2026 My commission expires: Xi -->,
,4,444...:{4,.'si
Page 11 of 12
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PWEX OF EXHIBITS
A Legal Description
Concept Plan
C-1 - Affidavit of Legal Interest(ES 5.0,LLC)
C-2 - Affidavit of Legal Interest(ES 7.7,LLC)
Fencing Exhibit
E - Parks,Pathways,and Recreation Commission Recommendation
Page 12 of 12
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EXHIBIT"A"
C( PAS LAND SURVEYING PUG
(
State Highway 44 & Under
Date: May 31, 2023
Job No.: 1919
REZONE DESCRIPTION
The following Describes a Parcel of Land being a portion of Lot 1 and Lot 2 of Compton Andrews
Tract as on file in Book 5 of Plats at Page 223 in the Office of the Recorder of Ada County, Idaho,
and a portion of the SW 1/4 of Section 12, Township 4 North, Range 1 West, Boise Meridian, City
of Eagle, Ada County Idaho and more particularly described as follows:
COMMENCING at the Northwest Corner of the SW 1/4 (West 1/4 Corner) of said Section 12,
which is being Monurnented with a found Aluminum Cap; From which, the Center 1/4
Corner of said Section 12, which is being Monumented with a found Aluminum Cap, bears
South 89°2030" East, 2,644,79 feet;
Thence, along the West boundary of said SW 1/4, South 0'49'21" West, 983.19 feet to a point
marking the South boundary prolongation of Sedona Creek Subdivision as on file in Book
86 of Plats at Page 9715 in the Office of the Recorder of Ada County, Idaho;
Thence along said prolongation and South boundary. South 89°21'57" East; 147.00 feet to the
POINT OF BEGINNING;
Thence, continuing along said South boundary of said Sedona Creek Subdivision the following
courses and distances:
Thence, South 89°21'57" East, 327.96 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 4116";
Thence, South 00°36'54" West, 268.01 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 4116";
Thence, South 89°21'24" East, 850.50 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 4116" marking the Southeast corner of said Sedona Creek Subdivision;
Thence, along the East boundary of said Sedona Creek Subdivision, North 00°3815" East 295.02
feet to the Southerly Right of Way of the Middleton Canal as shown on Record of Survey
Inst. No. 8086 on file with Ada County, from which a found 1-1/4inch brass disk witness
corner, stamped "PLS 3577" bears South 00°38'15"West a distance of 16.00 feet;
Thence, along said Canal, South 59'01'41" East, 360.23 feet to a found 5/8 inch diameter iron pin
with plastic cap stamped "PLS 9366";
Thence, South 10°12'23" West, 180.25 feet to a point to a found 5/8 inch diameter iron pin with
plastic cap stamped "PLS 3577";
Thence, South 10°07'56" West, 146.32 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 13446" marking the Northerly Right of Way of State Highway 44;
623 11th Ave. South, Nampa, ID 83651 T. (208)442-0115 , C. (208) 608-2510 rgray.elsggrnail.com
COMPASS LAND SURVEYING,PLLC
Kimley-Horn-Job No1919\Surve:yq3escriptions\Annexation.doc
Page 2 of 2
Thence leaving said Right of Way and continuing, South 10°07'56" West, 62.92 feet to the Center
line of State Highway 44 and also being the beginning of a non-tangent curve to the left;
Thence, along said Center line, a distance of 1599,25 feet along the arc of said curve left, having a
radius of 22,918.31 feet, a central angle of 03°59'19", the long chord of which bears South
80'3819"West., a distance of 1598.93 feet to a point marking the Westerly boundary of the SW
1/4 of said Section 12;
Thence departing said Centerline and along the Westerly boundary of the SW 1/4 of said Section
12, North 00°49'21" East, 769.48 feet;
Thence leaving said Westerly boundary, South 89°20'38" East, 47.00 feet to the Easterly Right of
Way of N. Linder Road;
Thence leaving said Right of Way, South 89°20'38" East, 100.00 feet;
Thence parallel with the Westerly Boundary of said SW 1/4, North 00°49'21" East, 47.28 feet to the
POINT OF BEGINNING.
The above Described Parcel of Land contains 18.80 Acres, more or less.
623 lith Ave. South,Nampa, ID 83651 T. (208)442-0115 C. (208)608-2510 rgray.els@grnail.com
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EXIIII3rr
Affidavit of AARON ELTON on behalf of ES 5.0,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
AARON ELTON,who being first duly sworn under oath,deposes and says;
1. I am AARON ELTON who is an Authorized Manager of ES 5.0, LLC, whose mailing
address is 2541 East Gala Drive, Suite 310,Meridian,/D, 83642("Owner").
2. ES 5.0, LLC, is the fee simple owner of the parcel of real property described on Exhibit
A,attached hereto(the"Property").
3. ES 5.0, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the '1,4" day of/42421, _II:2023 by and between the City of Eagle, a municipal
corporation in the State of Idaho,and Aaron Elton,ES 5.0,LLC(the"Agreement").
DATED this 2-5".day of 4°,J&J s 4,- ,2023.
By: ES 5.0,LLC
By:
Aaron Elton,Authorized Manager
SUBSCRIBED AND SWORN to before me this 2 day of flt.-(305A-- ,2023.
re
Ow`t
CARISSA TATE Notary Public for Idaho
Notary Public-State of Idaho Residing at.....__ErYc)ff t Idaho
Commission Number 20204356 My Commission expires
My Commission Expires Nov 5, 2024
Page 1 of I
KAP322ming DrptEgg;34:AppiicationAPreliroinaryiNvelopmer4 NvIs1.7.019114.w1t 44 Owning SubTa'acone 44 Caosstint Sob do ES 3 0 affidaviidec
EXHIBIT"C-2"
Affidavit of AARON ELTON on behalf of ES 7.7,TLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
AARON ELTON,who being first duly sworn under oath,deposes and says:
1. I am AARON ELTON who is an Authorized Manager of ES 7.7, LLC, whose mailing
address is 2541 East Gala Drive, Suite 310,Meridian,ID, 83642("Owner").
2. ES 7.7, LLC, is the fee simple owner of the parcel of real property described on Exhibit
A,attached hereto(the"Property").
3 ES 7.7, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-651 IA and Eagle City Code
Section 8-10-1 dated the ?r,-cl'a'day of Avsr , 2023 by and between the City of Eagle, a municipal
corporation in the State of Idaho,and Aaron Elton,ES 7.7,LLC(the"Agreement").
DATED this Xfrday of 42:vs_A-- , 2023.
By: ES 7.7,LLC
By: .„---;45:2-4*-- 5•
Aaron Elton,Authorized Manager
SUBSCRIBED AND SWORN to before me this 25 day of uqv3:4. ,2023.
1\!MA* ' 'k -
CARISSA TATE Notary Public for Idaho
Notary Pubflc-State of!dabs) 9 Residing at (ssr,,crif),,:c.x4-1, Idaho
Commission Number 20204356 0 My Commission expires
My Commission Expires Nov 5, 2026
Page loll
KA?laming Dr:94\E*ApplkAtioziknefiushwy Deatiopment Flscd..1019‘Route 44 Craw-mg 2A1111..DA,Roule 44 Omeeng Sub do.FS 7.7 4134444-64.doc
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EXHIBIT
INTER GIN' of Eagle
Zoning Administration
OFFICE
,• • • •
To: Planning and Zoning Commissioners
From:
Steve Noyes, Trails and Pathways Superintendent
Subject: Parks, Pathways and Recreation Commission Pathway
Recommendations --A15-19/RZ-11-19/RZ-06-04 MOD4&PP-07-19--Route 44
Crossing
Date: 6/2/2021
Attach men Os): None
Copy To: Ken Firmage, Jaylen Walker.
Commissioners,
The bicycle and pedestrian implications have changed due to new development in this area. The
detached walk along Highway 44 will receive increased bike/ped traffic due to new development
and roadway expansions. Additionally, connections to the north will be available due to pending
development.
This development was approved by the City in 2007, but they are requesting a modification to
that development agreement at this time. This request makes review by the PPRC appropriate.
On 5/20/21, the City of Eagle Parks, Pathways and Recreation Commission voted unanimously
to recommend approval of this item with site conditions for approval as shown herein.
Page 1 of S
K lElartrunp,1)ep4itagle ApnbcanontAPrelimmo,Development llas-IP2019tRoute 4-4 Crossmg SuPtWerking files\Route 44 Crontamg Sub PPRC fee,:me(Inc
EXHIBIT"E"
. PUBLIC ACCESS EASEMENTS:
a. The following list refers to callouts in FIGURE 1:
• The developer shall provide a 25-foot public access easement, in favor of
ACHD and the City of Eagle, shall be provided wherever possible, with a
minimum 4-foot margin on each side of pathway tread within any part of the
easement, for all recommended alignments shown in FIGURE 1. (In confined
areas, a minimum of I 6-foot width easement may be employed with written
City Approval. The City reserves the right to construct, connect or continue
within these easements, a public pathway as part of future system expansion,
and may authorize staff, contractors or neighboring developers to facilitate
such improvements within this easement from any boundary to another public
pathway easement or easements, or to parcels included in any public access
agreement.
• Public access easements and a survey depicting the location of this
pathway within the easement must be submitted to the City, prior to the City
Clerk signing of the final plat.
• In the event that the applicant provides evidence showing any exclusive
easement or legal right of any patty that would preclude the granting of a
public access easement in the same location, then this condition shall be
considered satisfied. Typically, when an easement cannot be granted in the
desired location, the City requires a separate easement adjacent to the one
originally conditioned.
• In the event that developer cannot provide evidence showing exclusive
easement, the "Ditch Company" may be operating under the provisions of
Idaho Code sections 42-1102 and 42-1209. In this case, the property owner
may also grant easement for public access and use so long as the City or
Developer does not cause or permit encroachments of any kind without
written permission from the Middleton Mill Ditch Company (MMDC).
Improvements within irrigation easements must be approved by the easement
grantee. Such approval may be implied within a recorded agreement or by
written correspondents between the MMDC and the City.
2. PATHWAYS:
a. The following list refers to callouts in FIGURE I:
• The developer shall increase the width of the detached concrete sidewalk
along Highway 44, shown as "L" in FIGURE 1, to 10-feet, from the originally
approved 6-feet, to facilitate traffic from the Mosscreek canal pathway and
beyond. Connect the west end of this detached sidewalk to the existing ACHD
sidewalk at Linder Road.
• The developer shall provide a 10-foot detached sidewalk on top of this
irrigation easement shown as "M" in FIGURE 1_ for connection to Skyview
Subdivision. The developer shall stub the north end of this detached sidewalk
in an alignment that will connect to a bridge in the future Subdivision that will
Page 2 of 5
K Matuung DepPEIgle ApplIcattorisq1:4,:ronolyD4opn ns',2019\RecAt 44 Crost,r,Sub,,Working "Rout t 44 Crossing-St.b PPKC Rec rue doc
EXHIBIT"E"
cross the irrigation ditch.
The developer shall continue the 10-foot detached sidewalk shown as"N"
in FIGURE 1 towards Shady Acres to allow access. Connect the east end of
this detached sidewalk to the asphalt edge in Shady Acres (permission may
need to he arranged).
The developer shall provide a dog waste bag dispenser and trash
receptacle within the easement in the northern half of the sidewalk shown as
"M" in FIGURE 1.
b. Curb ramps where pathways meet roadways shall be provided where they are
permitted by ACHD.
c. All connections to pathways, sidewalks or roadways are to be radiused a
minimum of 8-feet.
d. The sidewalks shown in FIGURE I shall he constructed as described in the
ACHD Sidewalk Standard.
:
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- 'Pkt.-. 1K-Niis1"444:4,-7- - • •
4
,
FIGURE I
I. CONSTRUCTION TIMING: pathways shall be constructed within each project phase.
2. MAINTENANCE: the developer and future homeowners association shall provide
maintenance of the pathways in perpetuity.
3. DESIGN& LANDSCAPING: The pathway shall be designed as described in the
Pathway Design notes in FIGURE 2. Landscaping shall be allowed within the easement
in so long as it conforms with City's specification.
Page 3 of 5
`Planwhg Dvi Eagle AppkationsTrehnimmy De,41.)1,414:14 Play.4`2.1•')kRo44,4-i Crosstog Sub‘vvolkinz ti!es`44.444;14Cro,,o4g Sib PPR('Rec mg',dor
EXHIBIT"E"
PATHWAY DESIGN
1 H-E LAYOUT OF THE MAIN PATHWAY MUST FACILITATE ACCESS OF CITY SERVICE AND
EMERGENCY VEHICLES(I E TURN RADIUS AND SLOPE SUITABLE FOR FULL SIZE PICKUP AND 15'
TRAILER). CONNECTIONS TO SIDEWALKS AND PATHWAYS MUST BE TRANSIT/ONED USING A
RADIUS OF NO LESS THAN 8-FEET.
2. ALL TREES WITHIN 6-FEET OF EACH SIDE OF THE 10-FOOT PATHWAY TREAD SHALL BE REMOVED,
AND PLANTING OF TREES WITHIN 6-FEET OF THE PATHWAY IS PROHIKTED UNLESS APPROVED IN
WRITING BY THE CITY OF EAGLE.
3 ALL ROOTS SHALL BE CUT ALONG BOTH SIDES OF PATHWAY A MINIMUM OF 24-INCHES IN DEPTH
AND REMOVE ALL ROOT MATERIAL THAT CROSSES THE PATHWAY PRIOR TO CONSTRUCTION.
4 A PERMANENT AND CITY-APPROVED ACCESS MAY BE REQUIRED FOR CITY APPROVED
VEHICLES AND EQUIPMENT FOR PATHWAY MAINTENANCE AND EMERGENCY VEHICLE ACCESS
TO THE MAIN PATHWAY.SUCH ACCESSES SHALL BE CONSTRUCTED TO THE CITY'S PATHWAY
CONSTRUCTION STANDARD AND7OR PROVIDE SUFFICIENT AREA AND TURNING RADIUS FOR
HEAVY E4::IUIPMENT.IF BOLLARDS,OR AN OTHER ACCESS CONTROLS,ARE.REQUIRED FOR
SECURITY THEY MUST BE REMOVABLE AND EMPLOY A LOCKING METHOD APPROVED BY THE
CITY
5. DUE TO THE PATHWAY ALIGNMENT AND PROXIMITY OF VEHICLE ACCESS POINTS, A CITY
APPROVED VEHICLE TURNAROUND(OR HAMMERHEAD)MAY BE REQUIRED BY THE CITY
e. LANDSCAPING WITHIN 3-FEET ALONG EITHER SIDE OF THE PATHWAY IS PROHOTED EXCEPT FOR
(.',RASS SEEDING ON SOD LIN1.ESS APPROVED IN WRITING BY THE CITY. Al NO 'TIME WILL.
APPROVED LANDSCAPING OBSTRUCT THE SIGHTLINES OF PATHWAY USERS AREAS WITHIN 3-
FEET OF THE PATHWAY TREAD ARE StIB,IECT TO DAMAGE IN'THE COURSE ,DF MAINTENANCE
ANDtOR REPAIR BY THE CITY AND WILL BE REPAIRED OR REPLACED BY THE PROPERTY OWNER
UNLESS IT IS OTHERWISE AGREED TO IMTHIN THE DEVELOPMENT AGREEMENT.
7. TO INCREASE USER SAFETY AND EXTEND THE LIFE OF THE PATHWAY TREAD, IRRIGATION
SYSTEMS ADJACENT TO THE PATHWAY MUST NOT DISTRIBUTE WATER ONTO THE PATHWAY
TREAT)IN CALM WEATHER CONDITIONS
FIGURE 2
Page 4 of 5
l'!anzung agit Ar.,p1,catlens l'rehrnmery Development l'Iwis`:2019',Rme 44 Czossm Sub,Wol filz.s'Rom 44 Cros.sm Sub PPRC Re doc
EXHIBIT "E-
4. SIGNAGE: within all public access easements, the City shall reserve the right to display
signage. (See examples in FIGURE 3) The physical form including materials,placement,
and message of any signage that the developer or Ii0A wishes to display within public
access easement(s)must be approved in writing by the City.
SIGNAGE EXAMPLES
OPT
HOA
piaray,A PROPERTY
REspErT OUR qtar tect bY tito crtY
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FIGI_TRE 3
END OF l'PRC RECOMMENDATION
PK,PfinolPg DeohEa,sOt Al.pl.ton,,,,Prehroinary invelortriwt Plg2aui ye5c.,Rfe 44f5 Cro.sso.g SotoRo'rlang fil,,t.`,Route 44 Coxlsang Sob PPRC Rec me doe