Development Agreement - 2025 - Bronco Acres Subdivision - 10/14/2025Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
Ada County Recorder Trent Tripple 2025-068273
Boise, Idaho Pgs= 10 asteele 10/17/2025 09:09:52 AM
CITY OF EAGLE $0.00
Electronically Recorded
For Recording Purposes Do
Not Write Above 'Phis Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, 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" or the
"City"), and MUSTANG CROSSING EAGLE, LLC ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel
numbers R2860500066 and R2860500090 ("Property"), as specifically defined in the attached legal
description (Exhibit A) and shown on the Concept Plan (Exhibit Q, which is subject to an application for
rezone, identified as Eagle Rezone Application No. RZ-04-17, and which is subject to an application for
modification of development agreement, identified as Eagle Rezone Modification Application No. RZ-
2017-04 MOD4; and
WHEREAS, the proposed development agreement modification includes properties within an area
currently zoned MU-DA (Mixed Use with a development agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2024-
058887 are in, and shall remain in full force and effect, except that the Concept Plan is revised as shown
(Exhibit Q, and a new condition of development #3.17 shall be added, as stated herein; and
WHEREAS, the Owner has provided the City with an affidavit agreeing the submit the Property to a
Development Agreement Modification (Exhibit B) pursuant to Eagle City Code Section 8- 10- 1 (C)(1) and be
bound by same; 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, 2024-058887, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.17 To reflect the reconfiguration of lot lines within Bronco Acres Subdivision resulting from the land
use change within this development agreement, a lot line adjustment application shall be reviewed
and approved by the City prior to the issuance of any building permits.
Pagel of
Dept'Fagle ApplicalionsW&A 2017',RL-201744-MOD4 Bronco Acres Subdivi,ion-03-W.rking, Fift,01-01yCounol 04-0,-vd,pnent
Agmenwril'Brmwo Acres DA %W4,docx
Instrument # 2025-068273
10/17/2025 09:09:52 AM Page 2 of 10
ARTICLE 11
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, Instrument No. 2024-058887, remains in
ftill force and effect except as modified in Article I herein.
Effective Date. This Development Agreement Modification shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification,
DATED this I " day of 2025.
a
City Clerk
STATE OF IDAHO)
ss
County of Ada
CITY OF EAGLE, a niunicio corporation organized
th and existing Linder the of the State of Idaho
By:
Pike, Mayor
M-
On this day of in the year 2025, 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 affixed my official seal the day and year first
written.
qy
.'X
Notary Pfiblic
0
0 Residing at
:
B LXC -�v*
My Commission Expires:
)�
�10 r
Page 2 of 3
rkpt,F.agickpplicatioristRZ&A'2()171RZ-2017-04-MOI)4 Bronco Acres, Subdivish,. 03-W-king Files (11,City Coumil
Agreenimi'Dixinco Acm, DA Mo" d�x
Instrument # 2025-068273
10/17/2025 09:09:52 AM Page 3 of 10
STATE OF IDAHO
Ss.
County of Ada
OWNER: MUSTANG CROSSING EAGLE, LLC
By:
MyTbri 1-firnmerman, Manager
On this _ day of , 2025, before the undersigned notary public in and for
the said state, personally appeared MYRON ZIMMERMAN, known or identified to me to be the Manager
of Mustang Crossing Eagle, LLC, 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:
Page 3 of 3
Dept+,agic ApplicationssRZ&A`2017iPZ-2Oi7.O4-.MOI)4 Bronco Acres SubdiwiwW-Working hfe 01-CityCouncil 04-tkvekspniew
Agcvnen1',Bmnc,) Acres PA Mo&-duc—,
Instrument # 2025-068273
10/17/2025 09:09:52 AM Page 4 of 10
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached. and not the truthfulness,
accuracy, or validity of that document.
State of California
ss.
County of San Francisco
On before me, notary,
public, personally appeared VIA, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certifv under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
- - - - - - - - - - - - -
FELICITY
Notary Public=a1if:rnia
San Francisco County
Commission # 2490975
*my Comm. Expires Jun 11, 2024
ExhibkWometAfS 2025-068273
10/17/2025 09:09:52 AM Page 5 of 10
Awroaddounk
lam
ENGINEERING
A parcel of land being a portion of Lots 1 and 9 and all of Lot 4, Block 2 of the Amended Plat of Flint Estates
(Book 45 of Plats, Pages 3713-3714), situated in the North W of the Southeast 1/4 of Section 12, Township 4
North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly described
as follows:
Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 12, which bears
N00*27TI6"E a distance of 2,621.24 feet from a found brass cap marking the South 1/4 corner of said Section
12, thence following the westerly Kne of said North 1/2 of the Southeast 1/4 of Section 12, SOO 27'06"W a
distance of 973.30 feet;
Thence leaving said westerly line, S89 * 32'54"E a distance of 16.83 feet to the intersection of the easterly right-
of-way line of N. Park Lane and the southerly right-of-way line of W. Johnny Street and being the POINT OF
BEGINNIlIffi.
Thence following said southerly right-of-way line, N89* 36'S VE a distance of 148.24 feet to the easterly right-
of-way line of W. Sauer River Avenue;
Thence leaving said southerly right-of-way line and following said easterly right-of-way line the following four
(4) courses:
I - NOO* 2928"E a distance of 50.32 feet;
2. N47'36%"E a distance of 7.23 feet;
I N89'36'S VE a distance of 7.63 feet;
4. NOO'2928"E a distance of 11.85 feet to the northerly boundary line of said Lot 1;
Thence leaving said easterly right-of-way line and following the northerly boundary line of said Lot 1 and said
Lot 4, N89'36'56"E a distance of 1,183.95 feet to a found 5/8-inch rebar marking the Northeast corner of said
Lot 4 an the westerly boundary line of Arts West Subdivision (Book 102 of Plats, Pages 13506-13510, Records
of Ada County, Idaho);
Thence leaving said northerly boundary line and following said westerly subdivision boundary line,
500'20'36"W a distance of 360.48 feet to the northerly right-of-way line of W. State Street;
Thence leaving said westerly subdivision boundary line and following said northerly right-of-way line the
follow three (3) courses:
I . S89 42'11"W a distance of 600.01 feet to the Southwest corner of said Lot 4;
Z S89'46'16"W a distance of 290.49 feet;
3. 457.33 feet along the arc of a curve to the let said curve having a radius of 5,764.65 feet, a delta
angle of04*3244", a chord bearing of 587* 13'47"W and a chord distance of 457.21 feetto said
easterly right-of-way line of N, Park Lane;
Thence leaving said northerly right-of-way line and following said easterly right-of-way line, N00'40'3 2 " E a
distance of 20.10 feet to the boundary of a parcel of land as described in Special Warranty Deed per
Instrument No. 2021-152771;
Thence Waving said easterly right-of-way fine and following said Special Warranty Deed boundary the
following four (4) courses:
5725 North Discovery Way # Boise, Idaho 83713 * 208.639.6939 * kmengilp.com
Exhij%/r # 2025-068273
0 5 0 .09:52 AM Page 6 of 10
L 227.79 feet along the arc of a curve to the right, said curve having a radius of 5,784.65 feet, a delta
angle of 02'15'22", a chord bearing of N86*06'17"E and a chord distance of 227.77 feet;
Z NOO*40'35"E a distance of 180.44 feet;
3. N75*2374"W a distance of 124.19 feet;
4. N89'19'19"W a distance of 106.51 feet to said easterly right-of-way line of R Park Lane;
Thence leaving said Special Warranty Deed boundary and following said easterly right-of-way line,
NOO440'32"E a distance of 62.22 feet to the POW OF BEGIWNG.
Said parcel contains 9.842 acres, more or less, and is subject to all existing easements and/or rights -of -way of
record or implied.
All subdivisions, deeds, records of surveys and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
*p,L LAAfo SL
i\r,ENSF0
6
OF
491-:1
PAGE 12
ExhiMts%rpvVeIW# 2025-068273
10/17/2025 09:09:52 AM Page 7 of 10
148.24
I IV 36'5 1 "o
I
Title:
1183.95
n89- 36'56"0
s89'46'16"w s89 42' 11 "w
290.49
(A)VAII
I Date: 04-22-2025
I Scale: I inch = 180 feet lFile: I
Tract 1 9.842 Acres:
428737 Sq Feet: Closure - u61.3703e 0.01 Feet: Precision =1374008:
Pcrimetcr� 3839 Feet
00 1 =n89365 I e 14814
007=sOO.2036w 360.48
013=n00.4035c 180.44
002--m1.2928c 50.32
008--A9.421 I w 600.01
014=n75.2324w 124.19
003--n47.3605e 7.23
009- s89,4616w 290.49
0 1 5=n89.1919w 106.51
004=n$9,365le 7.63
Oto: Lk R-3764.65. Deb.1r,3244
Bog-07.1347w, Cbd--457,
016=00.4032e 62.2-7
005=n00.2928e 11.85
01 I=nOO.4032c 20.10
006=n$9.3650c 1183.95
0Rnv-n$6,06179e. (hdM--2ft2Tf IiL
121: Itt, R-574.65;
Instrument # 2025-068273
Exh 1jif? 1ff2021 09:09:52 AM Page 8 of 10
Affidavit of MYRON ZIMMERMAN on behalf of MUSTANG CROSSING EAGLE, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
ss.
County of Ada
MYRON ZIMMERMAN, who being first duly sworn under oath, deposes and says:
I. I am MYRON ZIMMERMAN, the Manager of MUSTANG CROSSING EAGLE, LLC,
whose mailing address is 1388 Sutter Street, Suite 918, San Francisco, CA 94109-5468 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. Owner authorizes the submission of the Property to certain Development Agreement dated
the day of 7 2025, pursuant to the provisions set forth in Idaho Code Section 67-
651 IA and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in
the State of Idaho, and Owner (the "Agreement").
DATED this day of 2025.
Mustang Crossing Eagle, LLC
By:
MoZiiTrerman, Manager
v--- -
SUBSCRIBED AND SWORN to before me this day of 2025.
Notary Public for Idaho
Residing at Idaho
My Commission expires
Page I of I
"wagleA2.61yofeagh: orglComtmn',Planmng DeptUFaglv Applicatio,uVRZ&Ai2017\RZ-2017-04-MOD4 Bmico Acres SuWiv,siowW-Working Fi1c,011-0yCoumil 04-1)rvclojmwm
Agrecnicnt'Bronco Acre.N DA AffidaAukxx
Instrument # 2025-068273
Exhiol?/61/2025 0':0':52 AM Page 9 of 10
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity cal` the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
ss.
County of San Francisco
On before me, notary
public, personally appeared VV\ u who proved to me on
1-i
the basis of satisfactory evidence to be the person(s) whose name(s) is/are Subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of'California that the
foregoing paragraph is true and correct.
FE1.1crry O
s-cotouty
fn-
00NotaryPuWk - Cahfo nia
. KWA
WITNESS my haind"and offic'ial seal. Fran-e
commftsWn # 2490975
MY COMM. Expires Jun i i ?n-m
P
Instrument # 2025-068273
Exhi
I
-q
MO>
M T -V
z >
0
M
>
go
M -n
M Z
z
V,
o =; 0
C Z
-SUM
A
-n 0 M
0 > Zr) --1
A "v
22 c
R�M OC
>-V,,� >
> F',>, > > F-
M:4
-ca Z rrl
0iR 0 vim
- 8 - 114kA 10
T4,As C5;
tApqOzA M
>
!",3 o 1- 0 Z
z >—vl
0 Mz<
0
> O:e
z ZOZE
oz-
0�9
c
>
z®
zm�
rn