Development Agreement - 2024 - Capella Estates Sub - 9/5/2024ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=19 NIKOLA OLSON
CITY OF EAGLE, IDAHO
2024-050596
09/12/2024 09:36 AM
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, and LANSING FARMS, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos, SO508244605, S0507314800, and S0508325405 ("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-01-23;
WHEREAS, the proposed development includes properties within an area currently zoned A
(Agricultural); and
WHEREAS, the Owner desires a R-3-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
community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-3-DA (Residential with a development
agreement) zoning designation for the Property with the requirements set forth 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 8-10-1(C)(1) and be bound by
same; and
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K;\Planning Dept\Eagle Applications\ SUBS\20231Capella Estates Sub RZ PPlDevelopment Agreement\Capella Estates Sub DA CC FNL VERdoc
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 I
LEGAL. AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-651 IA and Eagle City Code, Title 8, Chapter 1.0.
ARTICLE II
ZONING ORDMANCE 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 R-3-1)A (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 density for the property shall be 2.14 dwelling units per acre (1.08-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 revie,w, preliminary and final plat reviews, anchor 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.
3.1 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 'Me conditions, covenants and restrictions for the Property shall contain at least the following:
(a) .A.nallocation of responsibility- for repair and maintenance of all community and privately
owned landscaping:, pressurized irrigation facilities, and amenities. The owner shall provide
an operation and maintenance manual including the tending mechanism as an addendum to
the CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit I)). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited..
(c) A requirement that in the event any of the CC8z:Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CCSL.Rs are subject to all rules, regulations, laws and ordinances
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K: Dep-SEagie Appiications SUES`,2023 \C:apeil a Estates Sub F2 PADevulopment Agluerne,nt.`,Cpu-lla Est,Ite5 Sub DA CC FM. VER doe
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 aniended to comply with the applicable rule, regulation, law or ordinance
3.5 The required setbacks shall be as follows:
Front :31-feet living (20--feet from back of sidewalk)
36-feet front load garage (25-feet from back of sidewalk)
Rear 25-feet
30-feet (Lots 8-- 11, Block 1, and Lots within Block 5)
Interior Side 7.5-feet (first story), 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40% (50% for single -story only)
3.6 The single, --family dwellings shall be constructed utilizing the architecture style as shown On EXhibit
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a. component of the development's CCR&S. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's and shall be reviewed and
approved by the. City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance, with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council,
3,7 Owner shall submit a design review application showing at a minimum: I) proposed development
signa.ge„ 2) planting details within all common areas throughout the development, 3) elevation plans
for all proposed cornmon area structures and irrigation pump house (if proposed, and 4) useable
amenities such as tot lot, picnic tables, covered shelters, bencb,es, 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.
3,8 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential uses. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, ant Central District Health, prior to issuance of any building. permits,
3,9 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code.
3.10 Owner shall provide an approved Land Use Change/Site Development Application. from Boise
River Flood Control District No. 10 prior to submittal of a final plat application.,
3,11 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.
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KAN:inning Dept \ Haste ApOlicathms SLTRS 20231Capclia Sub RZ RP.,Dev-opment. Agroornene, Capella Sltb DA CC ENC. VER dos:
ARTICLE TV
.AFFID.AAVTT OF PROPERTY OWNERS
An. affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be hound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511.E and Eagle City Code
Section 8.1; i- 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 fiolio;44ing the process established in Eagle City Code Section 8-10-1.
5,2 1f 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 Tf the teens of this Development Agreement expires prior to completion of the Conditions o
Development or without an amendment to this Agreement for its extension being in process in
accordance wits the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Lode Section 8-10-1, use of the property shall he limited to those uses allowed within an
A_-R (Agricultural -Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R (Agricultural -Residential) zoning designation.
ARTICLE V1
UNENFORCEABLE PRO VISIONS
Subject to terns of Section 5.3 above, if any terns, 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 in.strumenr 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 �'TT
.ASSTGN1V1:Tr1T AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. ;Each commitment and restriction on the development shall be a burdens on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released arid discharged f'rorn any and all obligations in connection with the
property sold arising under this Agreement, The new owner of the Property or any portion thereof
(including, without limitation., any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
I-\greernent with respect to the Property or portion thereof
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ARTICLE VIII
GENERAL MAITERS
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' -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 .9evelopr#tent Agreement, As used in this Development
Aareeme#it, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development.A.greernent. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
_jurisdiction located in Ada County, Tdaho.
8.4 Legal Representation. Both the r and City acknowledge that they each have been represented
C�}�h�te r,r o ,e
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been to draftor of this agreement.
iagiveanothermust writing
I�lotic:es. Any notice which party may desire to to party �e in andmay
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 i+veini# ht delivery service, to
the party to whore the notice is directed at the address of such patty set forth below;
City:
Owner:
ner:
City of Eagle
660 E. Civic Lane
Eagle, fD 83616
-Lansing. Farms, ":LC"
Attn: Chris Nolan
P.U. Box 372
Eagle, ID, 83616-0362
Or such other address and to such other persons as the parties may hereafter designate. Arty such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States '_";tail, 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. Tn addition to the other remedies afforded City herein, Owner agrees to
provide a.dei. uate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest st a.ccnied thereon. City stall provide to the
Owner an estimate for the anticipated attorney lines 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 wort undertaken pursuant to the terms of this Agreement. Thereafter,
City shall hill 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 lnaire payment for SU.Cn tees when
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KAPianning DeptVEagle, App at,orts STBS\20' 3 Ca eila Estates Siu: R7_ PP`Deve(oaatent AAgreerounP,Capea Estates Sub DA CC. i'1," _VERdoc
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 ent balance of the financial
assurance (whether it be in the fbrut of a cash deposit or a letter of credit), the Owrier shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in flail 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 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 an, 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 si.teh 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 pr�,vaiiii g: 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.€0 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 LLC) action, and necessary corporate (or
',LC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective patties.
8.11 Termination: €t the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
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F-''hone_ \EagieApplications '.UBS'2Q1 Cap,Aa Esra:e; se RZ PPAD2vet2pment Agreement\Cadetia Estate s S:tb DA CC F[dL VERdu,
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this —3 day of 4` 2024,
A ILTEST:
Tracy E. Orn, City Clerk
STATE OF IDAHO )
ss.
County of Ada )
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of t State of Idaho
By:
Brad '� i e, Mayor
� c38.S,g
aid
i ,, a
o.. t av � 3 is
8
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�'tr�"�, .y �,., ova.
On this 6 day of S ,VIt. .. , 2024, before me, the undersigned, a Notary Public in and for
said State, personally appeared BRAD PIKE, 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
written.
•••into.•••
C SEA,
``,t„• y e ' ffie *•,. Notary P • is
r
It°:' oTAR Y S �uf1% Residing at: .-a
My Commission Expires: 2 11-10-S
el 0
% V�%141..O.yva•® `,4.
al seal the day and year first
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KAPlanning Dept\Eagle Applications\SUBS \2023\Capella Estates Sub RZ PP\Deveiopment Agreement\ Capella Estates Sub DA. CC FNL VER.doc
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
STATE OF IDAHO
: ss.
County of Ada )
OWNER: LANSING FARMS, LLC, an Idaho limited
liability company
By;
Chij Nolan, Managing Member
On this day of , 2024, before the undersigned notary public in and for
the said state, personally appeare CHRIS NOLAN, known and identified to me to be the Managing
Member of LANSING FARMS, LLC, known or identified to me to be the owners of the property
referenced herein and the persons who executed the foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary Public for Idaho
Residing at:
My Commission Expires: 3 -aaaca
tortoties
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K:\Planning Dept\Eagle Applications\SUBS \2023\Capella Estates Sub RZ PP\Aevelopenent Agreement \Capella Estates Sub DA CC FNL VER.doc
INDEX OF EXHIBITS
A Legal Description
Affidavit of Owner
C Concept Plan
Fencing- Exhibit
f. Building Elevations
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Capella Estates Boundary Description
BASIS OF BEARINGS � S. 0010128" E. between a ACHO brass cap, marking the N1/4 corner of Section 8 and
A parCel of land located in the SE1/4ufthe NVV1/4amd the IN.11/Iofthe SW/1/4ofSection 8,1-nwnuhip4 -Norlh,
Range I East, Boise r,11eridian, Ada Coun-,—y, Idaho, more particularly described as fuRovvs:
COMMENCING at a found A.11HD lbrass cap, marking the, N1/4 corner of said Section 8;
Thence S.00101'28"E,coincident vvith the east line of said SEJ/4 of the NW1/4.adistance of 2068.43!eet to
the centerline cfDry Creek Canal and the POINT OF BEGINNING., witnessed by 5/8" rehar/cap PLS 11574,
ThencecunhnuingS.DOo01'JO"E,00inddentwithsoideostUne,569.7DheethothoC1/4cornercfsaidSecUn:
8, marked by a found b. ass cap PLS-3 5082,
Thence S. 0000130^ E', coincident with the east line of said S-N/1/4, a distance of30l.63 feet Uothe approximate
centerline cfCryCrec� witnessed by 5/8" rebar/cap PLS 11-574, hearing N. 00101'43" W, 30.00 feet;
Thence along said approximate ce�ernc do�wthree (]) courses and distances:
Thence S. 38056'44"W, 197f)01fee� mfenenred by 5/8" rebar/capPiS753,bearing S. 62025'18"E,11.83
TlenccS. 48113'r�1"\V, I87.61 feet rofenencod by 5/8^ rmbor/cap PL6 753, bearing S. 3005759" E' 9.37Keet
Thence S.61^4423"VV.,74.43feet, witnessed hyaS/8`nebar/capPLS11574 bearing 3.00»D1'33"E,4GO1
Thence ieaving said approximate cent-rUneofDry Creek, S.00101']0"E,pandlel with said east. line ofthe
5VV1/4, a distance of46.U1 feet to u 5/8" rebar-11cap PLS 11574;
Thence N.8Q^25`56"E.,4.65feet too5/8"nabar/capPL81l674;
Thonoe5. 64o461.7''VV., 179.36feeL rehenenced by 5/8" re-bar/cap PLS 11574, bearing N. 23"32`31" YY, 30-01
�ce t.,
ThcnceS. 68u0&41" E, I7S.29feel, witnessed by 5/8" nabar/oapPLS 11574, bearing M. 00»14'46''VV, 60.00
feet:
ThenceN. 00014'46"VV., 139.4lfeet tua 5/8" rebar/capPLS I1574!
Thence S. 8995'56" VV., 146.60 feet to a 5/8" nobar/cap PL�- 11574;
Thenca3. 00s14'46`E.,604.99fee't tothenorthehyrightofwayofYV.-StaLeStneetandthcbeginn{ngofanon-
tangent curve to the lek, marked by a 5/8" oebar/cap PLS 11574.;
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Thence 545.77 feet along the arc of sad can ie, coincident with paid northerly right of way, having a radius of
22978,31 feet, with a central angle of 1°21'39", subtended by a chord bearing N. 88°07'09" W., 545,75 feet to a
5/8" rebar with cap PLS 11574;
Thence leaving said northerly right of way, N. 00015'31." E., 443.40 feet to a 5/8" rebar/cap PLS 11574;
Thence N. 85°02'44" W., 196.27 feet to a 5/8" rebar/cap Pi_5 15774;
Thence S. 00°1719" W., 443.40 feet to said northerly right of way and the beginning of a non -tangent curve to
the left, marked by a 5/8" rebar/cap PLS 11574;
Thence 241.79 feet along the arc of said curve, coincident with saki northerly right of way, having a radius of
22978,31 feet, with a central angle of 0°36'10 , subtended by a chord bearing N. 9"3528" W., 241.79 feet to a
5/8" rebar/cap PLS 11.574;
Thence N. 00°37'18" E., 1240.40 feet to the north line of sad N1/2 of the S 1/4, marked by a 5/8" rebar with no
cap;
Thence N, 89°44'49" E,, coincident with said north line; 430.25 feet to the CW1/16 corner, witnessed
5. 89°44'49" E., 2.00 feet with a 5/8" rebar/cap PLS 11574;
Thence N. 00°07'57" E., coincident with the west line of said SE1/4 of the NW1/4, a distance of 659,67 feet to a
5/8" rebar/cap PLS 11574 marking the southwest comer of Downing Downs Subdivision No. 3, on file in Book 28
of plats at Page 1771, Ada County records;
Thence N. 89°45`OY" E., coincident with the south boundary of said subdivision, 280.10 feet to said centerline of
Dry Creek witnessed �� " � Jc r .� ,e. t °45'r 9' W feet;
Gana, by a ::; 8 re;)ar, C.a,) PIS 11.:z7 ., bearing S. 65 � 3� y><., 54.45
Thence S. 56°45'20" E., coincident with said centerline, 98.34 feet;
Thence leaving said centerline, S. 32°11'57" W.• 143.49 feet to a 5/8" rebar/cap PLS 1.1574 and the beginning of
a curve to the left;
Thence 30.02 feet along the arc of said curve, having a radius of 1042.00 feet, with a central angle of 1°39'02",
subtended by a chord bearing 5. 55°55'47" E., 30,02 feet to a 5/8" rebar/cap PLS 11574;
Thence N. 3k°11'57" E„ 143.91. feet to said centerline of Dry Creek anal;
Thence along said centerline the following eight (8) courses and distances:
Thence 5, 56°45'20" E., 52.88 feet to a point referenced by a 5/8" rebar/cap PLS: 11574, bearing S. 26°25'48" W.,
30.00 feet;
Thence S. 63Q34'1.2" E., 103,22 feet, to the beginning of a curve to the left and referenced by a 5/8" rebar/cap
PLS 11574, bearing S. 26°25'48" W., 30.00 feet;
Thence 290.29 feet along the arc of said curve, having a radius of 470.00 feet, with a central angle of 35°23'16",
subtended by a chord bearing S. 81.°1.5'50" E., 285,69 feet, referenced by a 5/8" rebar/cap PLS 11574, bearing
S. 08°57'28" E., 30.00 feet;
Thence N. 81°02'32" E., 70,16 feet, referenced by a 5/8" rebar/cap PLS 11574, bearing S. 12°02'1.5" E., 30.04
feet;
Thence N.74°52' E., 306.42 feet, to the beginningto therightreferenced by5, 8" rebarjcap
:i" of a curve and rE.��.re:7c�u a ; �•
PLS 11574, hearing 1. 15°07'01" E, 30.00 feet;
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Thence 44.85 feet along the arc of said curve, having a radius of 230.00 feet, with a central angle of 11°10'21",
subtended by a chord bearing N. 80°28'09" E., 44.78 feet, referenced by a 5/8" rebar/cap PLS 11574, bearing
S, 03°56'40" E., 30.00 feet;
Thence N. 86°03'20" E., 78.69 feet, referenced by a 5/8" rebar/cap PLS 11574, bearing S. 01 °46'16" E., 30.02
feet;
Thence S. 89°35'51" E. 38.42 feet to the POINT OF BEGINNING.
Said parcel contains 54.150 acres, more or less.
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SE1/4 OF THE NW/14 AND THE N1/2 OF THE SW1/4
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PROJECT: OWNER/DEVELOPER:
CAPELLA ESTATES BOUNDARY
CITY OF EAGLE CONGER GROUP
ADA COUNTY, IDAHO
DATE:
2/2023
UNPLATTED
2030 S. WASHINGTON AVE.
EMML I ID 83617 1121055-P8A
P: (208) 398-8104 PROJECT#
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PROJECT: OWdER/VEVELOPER:
CAPELLA ESTATES BOUNDARY
CITY OF EAGLE
ADA COUNTY, IDAHO
CONGER GROUP
2030 S. WASHINGTON AVE. !DWG #
EMAILI !, ID 83617 122055 PBA
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EXHIBIT B
Affidavit of CHRIS NOLAN on behalf of Lansing Farms, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
CHRIS NOLAN, who being first duly sworn under oath, deposes and says:
1. I am CHRIS NOLAN, who is the Managing Member of Lansing Farms, LLC, whose
mailing address is P. O. Box 372, Eagle, ID, 83616-0362 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. Chris Nolan 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 day of , 2024 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Chris Nolan, Lansing
Farms, LLC, (the "Agreement").
DATED this day of 6.4.11606(.4 , 2024.
By: Lansing Falius, LLC, an Idaho limited liability
company
/7
By: __.---- •.w
Chris Nolan, Managing Member
SUBSCRIBED AND SWORN to before me this 7 iek day of e_& , 2024.
(11:0-411-1-as
Notary Public for Idaho
Residing at "a,b-1
My Commission expires
Page 1 of 1
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