Development Agreement - 2025 - Stadium View DA MOD - 3/31/2025Ada County Recorder Trent Tripple 2025-024874
Boise, Idaho Pgs= 8 dryalls 04/23/2025 04:04:41 PM
CITY OF EAGLE $31.00
Electronically Recorded
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 MODIFICATION
This Development Agreement Modification ("First Amendment), made and entered into
on the date as indicated herein, by and between the CITY OF EAGLE, a municipal corporation in
the State of Idaho ("Eagle"), by and through its Mayor, and JERRON AND MARGIE PORCHIA,
Inc. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate located at 10201 North
Horseshoe Bend Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) which is the subject of an application for Rezone identified as Rezone
Application No. RZ-07-19 MOD; and
WHEREAS, the proposed development agreement modification includes properties within
an area currently zoned C-1-DA (Neighborhood Business District with a development agreement);
and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property
to a Development Agreement Modification (Exhibits B-1 and B-2) pursuant to Eagle City Code
Section 8-10-1(C)(1) and be bound by same; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 2020-022348 are in, and shall remain in full force and effect, except that, condition of
development 3.9 is amended as stated herein, and a new termination date is established.
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns
that have arisen and for and in consideration of the mutual covenants contained in the Development
Agreement recorded under Instrument No. 2020-022348, the modification is agreed to as follows:
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AGREEMENT
Section 1. Article III, Paragraph 3.9 is hereby amended and restated in its entirety such that it now
reads as follows:
Owner shall construct a landscape buffer in accordance with Eagle City Code along North
Horseshoe Bend Road between the proposed south entrance and the south property line (as
generally shown on the Concept Plan). The landscape buffer area shall be constructed prior
to the issuance of building permits for the residential dwellings.
Section 2. Article VIII, Paragraph 8.10 is hereby amended and restated in its entirety such that it
now reads as follows:
Termination. If the Property is not developed as conditioned herein, this agreement shall
terminate on November 21, 2029.
Section 3. The original Development Agreement, Instrument No. 2020-022348, remains in full
force and effect except as modified herein.
Section 4. If there is a conflict between the language and terms of this First Amendment and the
language and terms of the Development Agreement, this First Amended shall govern and control.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
Modification.
[SIGNATURES NEXT PAGE]
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DATED this 31.5tday of rcl-) , 2025.
A TEST:
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of Idaho
�j
ttttttttttttttt
S\ OF 'brad Pike, Mayor
•.
o'RPoi
• _.
S •
'
s . orn City Clerk Tracy E �,. ':%;
OP ID P"
OWNERS:
By:
erron Porchia
By:
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STATE OF IDAHO
County of Ada
: ss.
On this 1 day of (`(2 , 2025, before the undersigned notary public in and for
the said state, personally appeared JERRON PORCHIA, known or identified to me to be the owners 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.
TREVA THOM
Notary Public - State
Commission Numbe
My Commission Expires May 24, 2029
r20232115
PSON
of Idaho
ThaQrio,
Notary Public for Idaho
Residing at: 00 5 s, ��'�4�.Ls-� ay ?tit , 'Br
My Commission Expires: - y • a 9
STATE OF IDAHO )
: ss.
County of Ada )
S1--
On this SI day of 4'C. , 2025, before the undersigned notary public in and for
the said state, personally appeared MARGIE PORCHIA, known or identified to me to be the owners 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.
IP
Not r ublic for Idaho Q �� seResiding at: 9 0,0 5 S . jf'DQL
My Commission Expires: rj - , zf - a
TREVA THQMPSON
Notary Public - State of Idaho
Commission Number 20232115
My Commission Expires May 24, 2029
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Development Agreement Modification
RZ-07-19 MOD — Stadium View Subdivision
STATE OF IDAHO )
)ss.
County of Ada )
On this 31 day of March 2025, before me, a Notary Public, in and for said County and
State, personally appeared BRAD PIKE, known or identified to me to be the MAYOR of the
CITY OF EAGLE, said municipal corporation that executed the foregoing instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set m hand and fixed my official seal the
day and year in this certificate first above written.
010/9118010/414,
'• ��•`' Sti•1 •••"•• N" ••s NO Y PUBLIC FOR IDAHO
�',�9; �pTAR ' ••.c1' 's Residing at: Eagle, Idaho
My Commission expires: 2/26/31
S PUBLAG
.•••.. OF �9.••'•
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File # 17286806
Exhibit "A"
For value received, Margie Marier Porchia and Jerron E. Porchia, wife and husband
Does hereby convey, release, remise, and forever quit claim unto
Jerron E. Porchia and Margaret R. Marier-Porchia, husband and wife
Whose current address is 7670 Colt Dr., Boise, ID 83709
The following described premises:
A portion of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
From the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho which is a brass plat installed in State Highway No. 15, and marked 10'11/15'14 and running;
thence North288.95 feet to an iron pin; thence
South 88.10' West 443.4 feet to an iron pin, at the right -of-way fence of the Farmer's Union Canal;
thence South32.30' East along the right-of-way fence 328.9 feet to an iron pin; thence
North 89.30' East 266.3 feet to the Point of Beginning.
Except Ditch and Road Rights -of -Way
Also
That certain property in South half of the Southeast quarter of Section quarter of Section 10, Township 4
North Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northeast corner of the South half of the Southeast quarter of the aforesaid Section
10; thence running
West along the Northerly boundary of said South half of the Southeast quarter of said Section 10, a
distance of 254.00 feet to the Easterly boundary of the Farmer's Union Canal; thence
Southerly along the Easterly boundary of said Canal a distance of 331.9 feet to point of the easterly
boundary line of said Section 10 which point is 216.8 feet South of the Notheast corner of the South half
of the Southeast quarter of the aforesaid Section 10; thence
North a distance of 216.8 feet along the Easterly boundary line of said Section 10, to the Point of
Beginning.
Except Ditch and Road Rights -of -Way.
To have and to hold the said premises, unto the said grantees, heirs and assigns forever.
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EXHIBIT "B-1"
Affidavit of JERRON PORCHIA
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
JERRON PORCHIA, who being first duly sworn under oath, deposes and says:
1. I am JERRON PORCHIA, whose mailing address is 7670 Colt Drive, Boise, Idaho
83709.
2. JERRON PORCHIA is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto (the "Property").
3. JERRON PORCHIA authorizes the submission of the Property to certain Development
Agreement Modification dated the 3 \ S ay of Ko vrck, , 2025 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 Jerron Porchia (the "Agreement").
St
DATED this t day of M. cu ti\ 2025.
By:
ism
SUBSCRIBED AND SWORN to before me this I day of ma (-eV) , 2025.
TREVA THOMPSON
Notary Public - State of Idaho
Commission Number 20232115
My Commission Expires May 24, 2029
Notary Public for Idaho
Residing at Rj 0-1 5C , Idaho
My Commission expires -2 9
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EXHIBIT "B-2"
Affidavit of MARGIE PORCHIA
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
MARGIE PORCHIA, who being first duly sworn under oath, deposes and says:
1. I am MARGIE PORCHIA, whose mailing address is 7670 Colt Drive, Boise, Idaho
83709.
2. MARGIE PORCHIA is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto (the "Property").
3. MARGIE PORCHIA authorizes the submission of the Property to certain Development
Agreement Modification dated the .3 1 S"[day of (vla ^e-fr� , 2025 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 Margie Porchia (the "Agreement").
DATED this 5 l S-dtay of Mat r- , 2025.
By:
`yam
Margie Porc
SUBSCRIBED AND SWORN to before me this day of Vir)Q ('Ll , 2025.
TREVA THOMPSON
Notary Public - State of Idaho
Commission Number 20232115
My Commission Expires May 24, 2029
Notary Public for Idaho
Residing at ?Q i Se , Idaho
My Commission expires S —? LI — 2. 1
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