Development Agreement - 2022 - - 5/10/2022ADA COUNTY RECORDER Phil McGrane 2022-045481
BOISE IDAHO Pgs=68 BONNIE OBERBILLIG 05/10/2022 02:28 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Return
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
AMEN DED AND REs,rATED Dli-"VEI-,(-)l"MENI' A('NRF-,L,-'MEN'I'
This Amended and Restated Development Agreement (this "Agreement") made and
entered into on the date indicated herein by and between the City of Eagle,, a municipal corporation
in the State of Idaho, by and through its Mayor("Eagle"); Terra View, LLC, an Wyoming limited
liability company and TV44, LLC, a.Wyoming limited liability company ("'I'V44") (collectively
the "Owner") is as follows:
R F"'CI TA 1,S
WHEREAS, Owner owns contiguous parcels of land approximately 331.1 acres in size
generally located at the northeast corner of State I-lighwav 16 and Beacon Light Road, as depicted
on that certain proposed Terra View Site Plan attached here to as Exhibit A(the"Concept Plan").
The parcel owned by Terra View, IA,C1 is more particularly described on Exhibit 13-1 (the"Terra
View Parcel") and the parcel owned by TV44 is more particularly described on Exhibit B-2 (the
TV44 Parcel"), which Parcels are collectively referred to as the "Property" and are being
developed together as "Terra View"', which is subject of applications for Rezone identified as
Rezone Application Nos. R_Z-23-0-1, MOD3 and RZ-02-21- and
W11ERAS1, the Terra.View Parcel is within Eagle and zoned Mtj-DA (Mixed Use with a
Development Agreement); and the owner of the TV44 Parcel desires a MU-DA (Mixed Use with
a development agreement) zoning classification to develop a residential use on the TV44 Parcel,
and
WIIERFAS, the Terra. View Parcel is subject of that. certain Development Agreement
entered into February 24, 2009 (Ada County instrument No. 109021224) (the "Original
Development Agreement"), which was modified by that certain Development Agreement
Modification ("MOD1") entered into the 5" day of March 2012 (Ada. County instrument No,
112020312), and further modified by that certain Development Agreement Modification
MOD2"') recorded May 9, 2017 as Ada County Instrument No. 2017-040973, and further
modified by Eagle's granting of Preliminary Plat Extension of Time before the Eagle City CouncilC) I
vote on December 10, 2019, extending the time for submittal of a preliminary plat application until
February 25, 2022 (collectively the Existing Development Agreement'), and
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TponWHEREAS, i recordation of this Development Agreement, those certain
Development Agreements recorded in the real property records of Ada Coun[,, Idaho, on February
25, 2009, as Ada County instrument number 109021224, on February 25, 2009' (Original
Development Agreement), Ada instrument No. 112020312 (MODI), and on May 9,
2017, Ada County instrument No. 20177-040973 (MOD2), shall be void and of no farther force or
effect on the Property; and
WHEREAS,the Owner has provided City with affidavits agreeing to Submit the Property to
a. Development. Agreement (EXHIBIT C-I and C-2) pursuant to Eagle City Code Section 8 I0—
I(C)(1) and be bound by same; and
WHEREAS, Owner has agreed to the use restrictions and other limitations set forth in
Eagle's "MT Mixed-Use with Development Agreement), as modified herein, as the zoning
designation for the Terra View Parcel and the TV44 Parcel and that such Parcels shall also be
subJ ect to the provisions and requirements set forth in this Agreement; and
WHEREAS, Eagle's current Comprehensive Plan ("Eagle is Home") adopted November
14, 2017 identifies various land planning areas and the Property is located in the"Village Planning
Area", and
WHEREAS, Eagle's Future Land Use Map ("FLU M") attached hereto as Exhibit D,
designates a portion of the Property adjacent to W. Beacon Light Rd. as a Village Center,
designating the remainder of the Property as Large Lot Residential with a Residential TransitionC)I
Overlay, and
WHEREAS, the Village Center portion of Eagle's Comprehensive Plan focuses on non-
residential uses, although permitting higher density multi-family residential and single family
attached uses in proximity to the non-residential uses; and
WHEREAS, the Concept Plan depicted on Exhibit A is intended to guide the parties as
the Owner develops the Property consistent with theMtj-DA zone, the City's Comprehensive Plan
including its FLUM, and this Agreement; and
WHEREAS, Article 3 of the Original Development Agreement contemplated that the
Original Conceptual Development Plan could be modified based upon residential and non-
residential use real estate market conditions; and
WHEREAS, the Owner, pursuant to a Development Agreement Modification application
and Rezone application has requested, and the City has agreed., to further inodify the Original
Development Agreement consistent with the terms herein; and
I
WHEREAS, in lieu of modifying certain provisions of the Original Development
Agreement, the parties have agreed to the terms of this Amended and Restated Development
Agreement, replacing all previous provisions of the Existing Development Agreement, and
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WHE"REAS, Owner and Eagle desire that the Property be developed as a mixed-use
project with a single-family residential portion (the "Residential Portion") and a commercial
portion that may include commercial, retail, office, multi-family residential and single family
attached dwellings (the "Multi Use Area"), with open spaces, including parks, a trailhead,
pathways and ponds and water features as generally shown on the Concept Plan; and
WHEREAS, the intent of this Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting impact of the development of the
Property upon neighboring properties and the existing community while ensuring that the Property,Z:)
is developed in a manner consistent with Eagle's City Code and Eagle's Comprehensive Plan as
may be modified by this Agreement; and
WHEREAS,Eagle and Owner acknowledge that development of the Property will require
the construction of public improvements both within and outside of the boundaries of the Property,
which construction may take extensive time and which public improvements will provide regional
as well as benefits for Terra View, and
WHEREAS, Eagle and Owner acknowledge that development of the Property may be
constrained by market and financing issues outside of the control of Owner; and
AGREEMENT
NOW,T11 EREFORE,for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged and agreed, and in consideration of the recitals above, which are
incorporated into this Agreement, and in consideration of the premises and the mutual
representations, covenants and agreements hereinafter contained, Eagle and Owner represent,
covenant and agree that the following,terms shall constitute the Agreement-I
ARTICLE 1: LEGAL AUTHORITY
This Agreement is in de pursuant to and in accordance with the provisions of Idaho Code,
Sections 50-222; 50-301; 67-6508; 67-6511, 67-6512; and 67-651 IA and Eagle City Code, Title
8, C hapter 10.
ARTICLE 2: TV44 PARCEL ANNEXATION
Upon the processing of an annexation and rezone application by TV44 of the TV44 Parcel,
subject to compliance with the Eagle City Code,Eagle shall adopt an ordinance annexing the TV44
Parcel and an ordinance rezoning the TV44 Parcel to Wj-DA, subject to the provisions of this
Agreement. The annexation and rezone ordinances shall become effective after their passage,,
approval and publication. The annexation and rezone ordinances must be processed prior to
processing any final plat for any of phases 11, 12 and 13 as shown on the phasing plan attachedZ:)
hereto as Exhibit E and by this reference incorporated herein. Any final plats for the TV44 Parcel
shall include the single-family subdivision residential lots, common areas, and the approximate
8.2 acre equestrian and pedestrian trailhead as designated on the Concept Plan.C)
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ARTICLE 3. CONDITIONS OF DEVELOPMENT
3.1 The maximum density for the Property shall be 2.09 dwelling units per acre (392-single-
family lots, 192-multi-family or single-f-amily attached dwellings).
3,22 Owner shall develop the Property subjJect to the conditions and limitations set forth in this
Agreement. Owner shall also submit such applications regarding 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(7ity (lode in effect as of the Effective
Date of this Agreement. An approved preliminary plat shall expire two (2)years following
action by Eagle City Council, or after any additional period of time as may be approved by
Eagle City Council, not to exceed an additional three (3) years, which approval shall not be
unreasonably withheld. A final plat application must be submitted to Eagle prior to the
expiration of the applicable preliminary plat. In the event that final plat applications in
connection with portions of a preliminary plat are submitted in an orderly and reasonable
manner in intervals not to exceed one(1)year following the recordation of the last final plat,
such final plat applications shall be considered for final approval without resubmission of
the preliminary plat for approval. A final plat shall be recorded in twwo2 years following
Eagle City Council action on the final plat; provided however, Eagle City Council may
approve the extension of such two(2)year period, which approval shall not be unreasonably
withheld, for a period of time not to exceed three (3) years to facilitate the completion
improvements required by the applicable sections of Eagle City Code.
3.3 All development within the Property shall be generally consistent with the proposed Terra
View Development Agreement Site Plan (Concept Plan) depicted on Exhibit A. Eagle and
Owner acknowledge that changes in the Concept Plan may occur; provided, however,
changes shall substantially conform to the division of the Property between the Residential
Portion and the Mj.jltj J_JTS e Area, as shown on Exhibit A, and limitations described herein. It
is the intent of this Agreement to allow sufficient flexibility while maintaining the general
intent of the Concept Plan with the requirements set forth in this Agreement. Owner also
understands and agrees that any changes regarding development depicted on the Concept
Plan shall be in conformance with the terms of this Agreement, as the same may be modified
from time to time, and any other decisions made by the City Council on any subsequent
applications filed by the Owner. 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 maybe required by the City.
3A Except as otherwise provided within this Agreement, Owner shall comply with the Eagle
City Code in effect as of the Effective Date of this Agreement (excluding building codes
adopted after the Effective Date and floodplain development permits as required byTitle 10,
Flood Control, Eagle City Code)--, provided, however, if, following the Effective Date, the
permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed
within the Property.
3.5 The conditions, covenants and restrictions for the Property shall contain at least the
following:
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a) An allocation of responsibility for repair and maintenance of all community and
privately owned landscaping, pressurized irrigation facilities, fencing, and amenities.
The Owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement
shall run with the land and that the requirement cannot be modified and that the
homeowners association or other entity cannot be dissolved without the express consent
of the City of Eagle.
b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
Exhibit R All other fencing (i.e. dog-eared cedar fencing., vinyl, chainlink) shall be
prohibited.
c) 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
I are subject to all rules, regulations,Z:)
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.
d) A provision that the ('.(-,&R,s cannot be modified without the approval of the City,
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that all of the Property has been annexed into the Eagle Sewer District's service boundaries
prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle
Sewer District's regulations and conditions prior to the submittal of a final plat application.
A letter of approval shall be provided to the City from the Eagle Sewer District approving
construction plans for each final plat phase prior to the issuance of a "Notice to Proceed"
with construction letter. Prior to issuance of any building permits, Owner shall provide proof
of central sewer service to any proposed use on the property.
7LandUses. The Property shall consist of approximately 210.4 acres of single-family
residential use and approximately 60.6 acres of mixed-use in the MLilti Use Area, as shown
on Exhibit A, that may include up to 12-acres of multi-family and/or single-family attached
dwellings. The residential area. may include approximately 711.5 acres of common area.,Z:)
ngincludingacommunityparkwithaswimming pool, significant lake and pond amenities.Z71 1
Approximately 2 acres in the Multi Use Area shall be dedicated to the City of Eagle for its
selected uses. An approximately 3.2-acre parcel located in the northeast corner of the
Property with separate access off Hartley Rd. shall be reserved for Terra View, LLC's office
with parking and enclosed equipment garage (the "Development Office Lot"),
3.1.1 Owner shall dedicate to the City the portions of the Property identified as"City Park"
and "Trailhead Improvements'} on Exhibit A for public use, which parcels will
include:
3,71.1,1 Aparcel ofaminimumof 11 acres for a future city park in the area designated
as "City Park" on Exhibit A. Owner shall develop the City Park generally
consistent with the proposed City Park Concept Plan (Exhibit G) prior to
recording the plat for the 150th single-family lot the Owner shall dedicate thez:'
lot and bond for improvements. The city park shall be constructed and
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accepted by the City -prior to recording the Plat for the 275th single-family
la
37.1.2 A parcel of a.minimum of 8.2 acres for a future trailhead in the area.designated
as "Trailhead Improvements" on the Exhibit A. Owner shall develop the
future trailhead generally consistent with the proposed Trailhead
Improvements Concept Plan (Exhibit 11) and dedicate the property for the
Trailhead and provide surety for the improvements prior to recording the plat
of the 320th Single-Family lot and complete the Trailhead prior to recording
the plat for the 365th single-f-amily lot.
Owner and City shall work together to enter into an agreement for partial City
reimbursement of the associated costs to develop the City Park utilizing restricted
park impact fees, other City capital funds, grants, or other sources of funding. Owner
and City shall work together to enter into an agreement for partial City reimbursement
to develop the future Trailhead utilizing City capital funds, grants., of, other sources
of funding. The timing and costs associated with the development of the City Park
area. and the future Trailhead shall be determined prior to the execution of a
reimbursement agreement.
3.7.2 The property is located within the Village Planning Area pursuant to the 2017 Eagle
is Home Plan, Chapter 6.6. Owner agrees that all land uses to be utilized on the
Property shall be compatible with the Village Planning Area as identified in the
Comprehensive Plan emphasizing inixed-uses of residential and commercial
development. Non-residential use will be focused within the Village Center.
Residential and non-residential development shall emphasize pedestrian-friendly
development.
17.21 Residential development shall consist of single-family homes and up to a
maximum of 12-acres located within the Multi Use Area may consist of multi-
family and/or single-family attached dwellings. Multi-family and/or single-
family attached dwellings do not count against the'240,000 SF limit in Section
3..1.3 below.
17.2,2 The lists of commercial uses found in Sections 3.7.2,5 and 3.7.3 below are by
no means exclusive. More front shopping, restaurants, and a boutique hotel
would complement the City Park and other open space recreational and
gathering opportunities. All uses shown as permitted under the MU and the
Public/Somi-Public zoning districts within Eagle City Code Section 8-2-3
Official Schedule of District Use Regulations," a copy of which is attached
hereto as Exhibit I and made a part hereof, shall be considered permitted uses.
Unless otherwise set forth in this agreement, all uses shown as conditional
uses under the N/RJ zoning district within Eagle City ("ode Section 8-2-3 shall
require a conditional use permit, except the single-family, single-family
attached, and multi-family dwelling units.
3.7.2.3 -Although the City's MU (Mixed Use) zoning district allows multiple land
uses, the 60.6 acres in the Multi Use Area, as shown on Exhibit A, should
encourage commercial employment-based uses and public semipublic uses.
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The Nfulti Use Area of the Property shall be developed primarily as an
employee-based business park similar to the Eagle River business park
located east of Eagle Road between the State Highway 44 and the Boise River,
plus a inulti-family residential component. The non-residential uses
contemplated are mostly office, high-tech research and development,
medical, and academic campus uses.
3.7.2.4 Commercial development in the Multi Use Area should strive to enhance
vehicular trip capture minimizing high traffic generating uses. The Village
Planning Area specifically seeks to provide retail commercial,- hospitality;
civic uses- and/or a research and development/educational campus and/or
corporate headquarters in a park-like setting along with ancillary retail
commercial uses located in the Village Center.C)
3.7,22.5 Ernployment-based uses, including the following, are encouraged and are a.
permitted use in the Village Center area:
Business, Professional and Medical
Schools and Educational Campus
Office: Business and Professional
Office: Medical and Dental
Emergency Healthcare
Hospital
Hotel
Industry: Custom, Limited, Research and Development
Laboratories
Micro-Brewery
3 in h.).7.3 Village (-'enter. The Village ("enter uses should be ancillary to complementleenin t the
employment-based uses set forth in Section 3.7.2.5 above, and provide commercial
retail services, limited to no more than a total of 240,000 square feet of the following
permitted type of commercial/retail uses.
Bar(hours limited to 8:00 a.m. to 11:00 p.m.)
Coffee Shop
Childcare Daycare ("enter
Food and Beverage Sales
Grocery Store (not to exceed 55,000 square feet), does not count against the
740,000 square feet
Fuel Service
Live Entertainment Events
Massage/Spa
Restaurant(hours limited to 7! a.m. to I I p.m.)
Retail Sales (Limited)
Theater(movie) does not count against the 240,000 square feet
Gym facilities
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Ulu17.31 j to three (3) restaurant (with drive-through) uses shall be allowed. The
restaurant (with drive-through) uses shall not be permitted until a minimum
of fifty percent (509/0) of the Multi Use Area (as shown on the Concept Plan)
has been developed with commercial employment-based uses and/or
public;semipublic uses.
a) If a building with a restaurant (with drive-through) use is approved,
Owner shall provide a inimMUM forty-eight-inch (48") buffer (berm,
decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall)between the drive-through lanes and the adjacent
roadway to reduce the impact of the vehicles utilizing the drive-through
lanes (i.e. vehicle headlights and vehicle cueing).9 0
3.7.3.2 Except as described in Section 31.7.3 above, no single retail tenant on the
Property shall exceed 25,000 square feet in building footprint area without a
conditional use permit. A flex space use with a retail component may exceed
25 000 square feet provided the retail floor area does not exceed 25,000
square feet. A Grocery Store exceeding 55,000 square feet in building
footprint area shall require a conditional use permit.
3.7.33Nori-residential (commercial) mixed-uses with limited hours of
operation/hOUrs of delivery listed in Section 3.7.3 above may obtain expanded
hours of operation/hours of delivery through the modification of this
Agreement.
17.3.4 Notwithstanding the allowed uses set forth in Section 3.7.3 above, no portion
of the Property shall be used for any of the following uses:
YU1 Industrial Uses, except Industry-. Custom, Limited, and Research and
Development
Adult Business
Automotive, Mobile Home, 'Travel Trailer, and/or Marra Implement Sales
Cemetery
Drive-in Theater
MortuaryiYuneral Home
1.73.5 The Development Office Lot may be used for office purposes, including
offices for development and subdivision sales, together with enclosed
equipment garage and open parking associated with such uses.
Residential Development.
3. 1.4.1 The total residential area may include up to 12 acres of multi-family and of-
single-family attached dwellings located within the Multi Use Area. Including
the Residential Portion of approximately 270A acres total, the residential area.
may total up to .282A acres. The multifamily and/or single-family attached
dwellings use shall not exceed 192 units. The overall maximum residential
density for the Property will not exceed 2.09 dwelling units per acre.
Residential uses shall not require a conditional use permit.
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17.4,2 Single family residential lots may vary in size provided square footage of any
lot shall riot be less than 7,200 square feet. The large lots exceeding 16,920
square feet shall be located in the northern portion of the Property that are
adjacent to Ada County Parcel Nos. S0334131210, S0334244300 and
S033424/1200 so as to transition the residential lots into the existing foothill
development.
3.7.4.3 Dimensional standards and respective setbacks within the Residential Portion
shall be as follows:
7,200 -11,999 M. ft. lots:
Front: 15 feet ---living area 122 feet front-load garage*
Rear: 10 feet
Side: 5 feet on side; 7 feet on the other side (alternating between lots to
provide a total of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot (7.overage: 40 `O
12.000 to 15,999 sg. ft. lots:
Front: 15 feet ---living area./22 feet front-load garage*
Rear: 15 feet
Side: 5 feet on one side; 7 feet on the. other side (alternating between lots to
provide a total of 12 feet between each dwelling unit)
Street Side: 20 feet
Maximum Lot Coverage: 40'/'0'
16:000 and larger sg. ft. lots:
Front: 22 feet*
Rear: 25 feet
Side: 7.5 feet (first story) 5-feet(each additional story)
Street Side: 20 feet
Maximum Lot (7.overage: 40 '/O
A single-family dwelling unit that utilizes a side entry garage shall be
permitted to have a 5-foot reduction in the minimum required front yard
setback provided that the distance is no less than 20 feet Erom the property
line.
3.7.4.4 Owner shall provide a private community park approximately 2.2 acres in size
with a pool as conceptually depicted on the Concept Plan.
3.8 Internal collector streets shall be bounded by offset sidewalks and landscaped berms and may
utilize roundabouts when intersecting with other internal collector streets or local streets.
The intersection of North Palmer Way and West Beacon Light Road shall be subject to the
requirements of M
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3,9 Any multi-family or single-family attached dwellings shall be architecturally designed to
comply with Eagle City Code Section 8-2A and shall receive approval from the Eagle Design
Review Board and Eagle City Code prior to the issuance of any building permits.
3.10 All non-residential (commercial)mixed-uses shall be subject to reasonable dark-sky lighting
noise, or related limitations at the design review approval stage to address additional
concerns that may arise.
1.11 The Property shall comply with all parking requirements pursuant to the Eagle City Code 8-
4-5.
3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property. Any such change shall be contingent upon approval by the applicable federal, state
and/or local agencies, and shall be in accordance with the applicable sections of Eagle City
Code. Owner agrees all development and improvement of the Property shall comply with
all applicable laws and regulations pertaining to regulated wetlands.
3.13 Owner shall provide an on-site, tree lined landscape strip along State Highway 16 and
Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within a
landscaped common lot. The width of the landscape strip in various locations, including
street trees and pathways, shall be reviewed and approved as required by applicable Eagle
City Code provisions and as set forth as follows:
3,13,1 A seventy-five foot (75') wide common lot shall be provided adjacent to residential
areas, if any., along State Highway 16 and shall include a mininitim ten foot (10')
high, maximum twelve foot (12') high, berm/wall combination with extensive
landscape in accordance with Eagle City Code Section 8-2A-7(J)(4)(c) to provide a.
buffer. All buffers should be located within a common lot outside of the setback from
centerline for right of way dedication to the Idaho Transportation Department
IM).
1.13.2 A fifty foot (50')wide common lot shall be provided adjacent to residential areas, if
any., along Beacon Light Road and shall include a minimum five foot (5') high,
maximum eight foot (8') high, berm/wall combination with extensive landscape in
accordance with Eagle City Code Section 8-22A-7(J)(4)(b) to provide a buffer.1 1 , , -
32.13.3 The Property shall be designed to allow for a public roadway connecting this site to
the adjacent site to the east and to the adjJacent site to the west. Approved access
points are sub HDJecttoapprovalbyITDandAC ., as applicable, and Owner must
provide all necessary approvals and/or license agreements.
114 Building placement shall be designed such that parking areas are not concentrated between
the buildings and roadways of a collector status or higher. Commercial/retail buildings,
single-family attached dwellings, multi-family residential dwellings, and common area.
amenities shall be required to meet the design review requirements as set forth in the Eagle
1 Z71
JVchitecture and Site Design (EASD) Book. Eagle Design Review Board and Eagle City
Council approval of the detailed architectural plans is required prior to the issuance of
building permits for commercial/retail buildings, single-family attached dwellings, multi-
family dwellings, common area. amenities, purnphouse for irrigation, and structures located
within the Subdivision Common Area(as shown on Exhibit A).
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All residential structures within the Property shall be constructed utilizing a variety of
building stvIes, includinc, but not limited to Shingle, Modern Farmhouse,
Lakehouse/Cottage, Craftsman, European Country, Tuscan and Prairie style architecture as
shown in Exhibit J, The single-family homes shall be designed in compliance with the
Terra View Single--Family Residential Design Standards" (Exhibit K). To assure
compliance with this condition, Owner shall create an architectural control committee
ACC") as a component of Terra View's restrictive covenants ("CC&Rs") for the
Residential Portion. Provisions regarding the creation and operating procedures of the ACC
shall be included in the CC&Rs and shall be reviewed and reasonably approved by the Eagle
City attorney prior to the approval of the first final plat.
The submittal of the building permit application to Eagle for each building within the
development shall be accompanied by an approval letter from the ACC, building permit
applications that do not have an approval letter attached will not be accepted.
3.14.1 Similar residential home exterior elevations shall not be used twice within a five
home radius of each other.
115 Pathways and pedestrian/bicycle public access connecting the public roads to residential
areas and commercial areas shall be provided consistent with the Parks, Pathway, and
Recreation Commission's Pathway Recommendation, dated March 19, 2021, prior to the
City Clerk ngsigni the final plat associated with the required improvement(s).signing
3,16 Owner acknowledges that the Property is located within the Eagle Municipal Water Service
ar ea and will be in compliance with applicable sections of Eagle City Code and this
Agreement. In connection with the review of the preliminary plat application, Owner and
Eagle shall work together in good faith to develop a plan and timeline to provide municipal
water service to Terra View and payment of the "Water Construction Equivalency Fee,"
as such term is defined in Eagle City (_"ode. In connection with Owner's construction plans
for any proposed final plat of Terra View, such construction plans shall include mainlines
and stub-outs to lots that will convey to the lots municipal water provided by Eagle.
3.17 Owner hereby grants to Eagle a right of first offer to purchase Owner's additional ground or
surface water right(if any), subject to the terms set forth herein. If, at any time after the date
of this Aareement Owner desires to sell such additional ground or surface water rights,
Owner shall give Eagle written notice(the"Offer Notice") of the possible sale of such water
rights. The Offer Notice above shall include, without limitation, the price of the ground
water rial'its and the projected closing date for the sale. Eagle shall have forty-five(4-5) days
to cons I'der the Offer Notice. If Eagle chooses to purchase the ground water rights pursuant
to the terms in the Offer Notice, Eagle shall deliver notice of its intent to so purchase within
the forty-five (45) day-period, and the transaction shall proceed as outlined in the Offer
Notice. If Eagle fails to give notice during the forty-five (45) day-period, Eagle's right to of
first offer shall terminate, and Owner shall be free to close a sale to a. buyer on the open
market. Under no circumstances shall Owner have any obligation to provide Offer Notice if
Owner is selling or transferring such additional ground water rights, in whole or in part, in
connection with a.transfer to any lender, parent, subsidiary or affiliate of Owner, or transfers
to any owners' association associated with Terra View or to any entity owned by Owner or
in which Owner holds a membership or ownership interest, as applicable. Eagle's right of
first offer shall continue in full force and effect for fifteen(15)years from the Effective Date,
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unless this Agreement is otherwise terminated as provided herein, in which event Eagle's
right of first offer shall automatically terminate.
3.18 If the City requires the Owner to construct mainlines within Terra View larger than needed
to serve Terra View at its full build-out, and it has reasonably been determined by Eagle to
benefit properties other than the Property, or if Eagle reasonably requires Owner to develop
a portion of F-agle City's water system in excess of that necessary to serve Terra View so as
to allow Eagle to serve other properties (collectively, the "Oversized Water Facilities"),
Eagle and Owner shall, in good faith, enter into a reimbursement and latecomers agreement
describing the amount and method of repayment of such additional costs of only the
Oversized Water Facilities to Owner. The Owner and Eagle shall enter into a 'W_ ater
Reimbursement & Latecomers Agreement") to address the repayment of the Oversized
Water Facilities through a latecomers charge to other benefited properties. Such Water
Reimbursement& Latecomers Agreement shall have a duration of sufficient time following
completion of the portion of the water system for which reimbursement is sought with such
time to be mutually agreed betv,7cen Owner and Eagle, but in no event less than ten (10) and
no more than twenty (20)years. Such Water Reimbursement& Latecomers Agreement shall
provide, in part that: (a), interest be paid to Owner at a rate negotiated by the parties inI
connection with the negotiation of the Water Reimbursement& Latecomers Agreement; (b)"
Eagle shall retain from the service connection charges collected from such other benefited
property owners an administrative fee for handling the accounting, auditing, and payment of
the reimbursement payments to be made to; and, (c)the Water Reimbursement& Latecomers
Agreement shall be binding on Owner and Eagle and their respective successors and assigns.
1.19 U'pon Eagle's review of the construction of water mains and stub-outs for any phase of Terra
View culminating in Eagle's signature on final plat, Eagle shall be responsible for the
operation and maintenance of the water system and Eagle shall provide water service to the
Property in quantity and quality sufficient to satisfy the municipal water needs of Terra View
as and when required in connection with the development of the Property, subject to ally
water disruption or degradation of water quality or quantity that is outside the control of
Eagle and further subject to Eagle's reasonably enacted and imposed standard terms and
conditions of delivery. All water service using theie water system shall be metered. Eagle shall
receive no fee for water service until, and only if, Eagle accepts ownership of, an operational
and maintenance responsibility for the water lines, after which time Eagle shall be entitled
to collect such fees for water service. The plan and timeline to be developed by Eagle and
Owner as provided in Section 3.16 above shall include, without limitation, timetables for
Eagle's construction of its water system and address any changes in Eagle's water system
facility plan that may negatively affect Eagle extending water service to the property. In the
J-
I P
event lagle reasonably determines that water service cannot be timely extended to the
Property, Eagle shall give Owner reasonable notice of that official action. "Official action"0
means a decision by the Eagle City Council made at a duly noticed City Council meeting.
3.20 Owner shall secure sufficient water rights or shares for irrigation and aesthetic needs of Terra
View. The method of providing irrigation water shall be at the discretion of Owner so long
as an adequate system and source of supply is provided to serve Terra View oil a phase-by-
phase basis. Eagle shall not execute the applicable final plat for any phase prior to Owner's
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completion of the main irrigation facilities, including sufficient irrigation water rights orC) 0 0
shares for service to Stich phase.
3 Fire21ThePropertyislocatedwithinboththeF-agle F -e district and the Star Joint Fire Protection
District and, therefore. Owner shall work with both the Eagle Fire District and the Star Joint
Fire Protection District for all fire service/protection issues as it applies to the respective Fire
Districts-, provided, however, nothing in this shall limit Owners ability to annex into either
fire district so long as Eagle Fire District, Star Joint Fire Protection District and Owner
working in good faith reach agreement in a recorded Memorandum of U111derstanding or as
otherwise allowed under Idaho Law.
3.22 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including,
but not limited to, access approaches on Beacon Light Road, providi g sufficientcient right-of-
way to locate an interchange at the intersection of Beacon Light Road and State Highway 16,
proposed internal road locations, and road design.
3.23 Owner shall be required to pay the Storage Trunk Line fee (based on meter size) associated
with the commercial uses at the time of application for building permit(s).
3.24 Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Terra View Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
ARTICLE 4: AFFIDAVITOF PROPERTY OWNERS
Art affidavit of all owners of the Property agreeing to submit the Property to this Agreement
and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-
10-1 shall have been provided to Eagle, and all such affidavits are incorporated herein by reference.
ARTICLE 5: DEFA )
5.1 Eagle and Owner shall act in good faith when undertaking their respective obligations and
covenants contained herein. Failure or unreasonable delay by either party hereto to perform
or otherwise act in accordance with any term or provision of this Agreement for a period of
sixty (60) days following written notice thereof from the other party (the "Cure Period"),
shall constitute a default under this Agreement- provided, however,that if the failure or delay
is such that more than sixty (60) days Would reasonably be required to perform such action
or comply with any term or provision hereof, then such party shall have Stich additional time
as may be reasonably necessary to perform or comply so long as Stich party commences
performance or compliance within such sixty (60)-day period and diligently proceeds to
complete Stich performance or fulfill such obligation (the "Extended Cure -Period"). The
written notice provided for above shall specify the nature of the alleged default and the
manner in which said default may be satisfactorily cured, if possible. In the event a default
of Owner is not cured within the Cure Period or the Extended Cure Period, if applicable, the
zoning of that portion of the Property related to such default shall convert to the A-R
Aodcultural-Residential) zoning designation.
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5,22 -in the event that any party to this Agreement shall file suit or action at law or equity to
interpret or enforce this Agreement, the unsuccessful party to such litigation agrees to pay to
the prevailing party all costs and expenses including reasonably attorneys' fees incurred by
the prevailing party. Similarly, all fees and costs associated with an appeal to any appellate
court thereafter, including, without limitation, the prevailing party's attorneys' fees, shall be
paid by the non-prevailing party.
5.3 In the event the parties cannot resolve any disputes or disagreements in this agreement, either
party may request mediation pursuant to Idaho Code Section 67-65 10.
ARTICLE 6: INVALID PROVISIONS
If any term,provision, commitment or restriction of this Agreement or the application thereof
to any party or circumstances shall, to any extent, be held invalid or unenforceable by a court of
compotetitjutisdiction, such provision shall be severed from this Agreement and the remainder of
this Agreement shall nevertheless remain in full force and effect except that any portion so
determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner (or
other appropriate party)and Eagle. It is the parties' express intention that the terms and conditions
be construed and applied as provided herein, to the fullest extent possible. It is the parties' further
intent that, to the extent any such term or condition is found to constitute an impermissible
restriction of the police power of Eagle, such term or condition shall be construed and applied in
such lesser fashion as may be necessary to not restrict the police power of Eagle.
ARTICLE7: ASSIGNMENT ANDTRANSFER
After its execution,the Agreement shall be recorded in the office of the Ada County Recorder
at the expense of Owner. Each commitment and restriction of this Agreement is binding upon,
and the burdens and betiefits inure to,, all successors in interest of the pat-ties to this Agreement and
constitute covenants that shall run with the land. This Agreement shall be binding on Eagle and
Owner, and their respective heirs, administrators, executors, agents, legal representatives,z:'
successors and assigns--, provided however, that if all or any portion of the Property is sold, the
sellers shall thereupon be released and discharged from any and all obligations arising under this
Agreement in connection with the portion of the Property sold, 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 Agreement with respect to the Property or portion thereof.
In the event of a complete or partial assignment of Owner's rights and obligations hereunder,
except an assignment for collateral purposes only., Owner's liability under this Agreement shall
terminate. Nothing in this Agreement shall operate to restrict Owner's ability to assign less than
all of Owner's rights and obligations under this Agreement to those persons or entities that acquire
any portion of the Property. Notwithstanding the foregoing,the ongoing ownership, operation and
maintenance obligations in connection with this Agreement may be assigned to an owners'
association. Owner shall provide Eagle with written notice of any assignment of Owner's rights0Z:)
or
1obligationstosuchowners' association within a reasonable period of time following such
assignment. Notwithstanding any other provisions of this Agreement, Owner may assign all or
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pail of Owners rights and duties under this Agreement as collateral to any financial institution
from which Owner has borrowed funds for use in developing the Property.
ARTICLE 8: GENERAL MATTERS
81 Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter hereof. All prior and con temporatie.ous agreements',
representations and understandings of the parties, oral or written, are hereby superseded and
merged herein,it being the express agreement of the parties that.this Agreement is a.complete
and fully restated development agreement between the parties with respect to development
of the Property.
8.2 Amendments. Eagle and Owner acknowledge that amendments to this Agreement may be
necessary or appropriate from time to time. When the parties agree that an amendment is
necessary or appropriate, the parties shall, unless otherwise required by applicable law as
established in this Agreement or by state or federal statute, effectuate minor amendments
administratively approved by 1-`,agle's Zoning Administrator. The approval of such minor
amendments shall not necessitate a formal amendment of this Agreement but shall be
retained in Eagle's official file for the Property. The parties shall cooperate in good faith to
agree upon and use reasonable efforts to process any amendments to this Agreement, No
modification or amendment to this Agreement of any kind whatsoever made or claimed by
Owner or Eagle shall have any force or effect whatsoever unless the same shall be endorsed
in writing and signed by the party against which the enforcement of such modification or
amendment is sought, and then only to the extent set forth in such instrument. Amendments
other than those approved administratively by the Zoning Administrator to this Agreement
shall be made only after complying with the notice and hearing provisions of Idaho Code
Section 671-6509, as required by Eagle City Code Section 8-10-1. Such approved amendment
shall be recorded in the Official Records of Ada. County, Idaho.
8.3 Construction; Headings. All parties hereto have either been represented by separate legal
counsel or have had the opportunity to be so represented. This, in all cases, the language
herein shall be constructed simply in accordance with its fair meaning and not strictly for or
against a party, regardless of whether such party prepared or caused the preparation of this
Agreement. As used in this 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.
8.4 Termination Upon Sale to Public. Except as otherwise provided herein, this Agreement is
not intended to and shall not create conditions or exceptions to title or covenants running
with the Property beyond the development of the Property. Therefore, in order to alleviate
any concern as to the effect of this Agreement on the status of title to any portion of the
Property, this Agreement shall terminate without the necessity of any notice, agreement or
recording by and/or between the parties in connection with any lot that has been finally
subdivided and individually (and not in"bulk") leased (for a period of longer than one year)
or sold to the end-purchasers or users thereof(a "Public Lot") and thereupon such Public
Lot shall be released from and no longer be subject to or burdened by the provisions of this
Agreement,
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8,5 Termination Upon (-
1'
ompletion of Development. Notwithstanding anything to the
contrary herein, Eagle shall, upon written request of Owner, execute appropriate and
recordable evidence of termination of this Agreement if Eagle has determined reasonably
that Owner has fully performed Owner's obligations under this Agreement in connection
with all or a portion of the Property. Upon final approval of any detailed phase of the
Property, or portion thereof, by Eagle, and the recordation of the final plat in connection
therewith, Eagle shall, as soon as practicable, execute and record an appropriate instrument
of release of the Agreement in connection with such phase of development of the Property.
8.6 Waiver. No delay in exercising any right or remedy shall constitute a waiver by either party
thereof, and no waiver by Eagle or Owner of the breach of any covenant or condition of thisII
Agreement shall be construed as a waiver of any preceding or succeeding breach of the same
or any other covenant or condition of this Agreement,
8.7 Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original,but all of which together constitute one and the same instrument.
The signature pages from one or more counterparts may be removed from such counterparts
and such signature pages all attached to a.signed document so that the signatures of all parties
may be physically attached to a single document.
8.8 Recitals; Exhibits. The recitals and any exhibits attached hereto shall be deemed to have
been incorporated herein with the same force and effect as if fully set forth in the body hereof.
8,9 Further acts. Each of the parties shall promptly execute and deliver all such documents
and perform all such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
8.10 Time of Essence. Time is of the essence in implementing the terms of this Agreement.1
8,11 Force Majeure. In the event of changed conditions, changes in state or federal laws or
regulations, building codes, inclement weather, delays due to strikes, inability to obtain
materials, civil commotion, fire, acts of God, or other circumstances which substantially
interfere with the ability of either party to perform such party's obligations and/or exercise
such party's rights under this Agreement, the parties agree to bargain in good faith to modify
such obligations to allow the terms and conditions of this Agreement to proceed as planned
to the extent practicable.
8.12 Choice of Law. This Agreement shall be construed in accordance with the laws of the State
of Idaho in effect at the time of the recordation of this Agreement, without regard to conflictsC)
of law principles. Any action brought in connection with this Agreement shall be brought in
a court of competent jurisdiction located in Ada County, Idaho,
8.13 Notices. Any notice which a party may desire to deliver to another party must be in writing
and may be delivered by personal delivery, by mailing the same by registered or certified
U.S. Mail, return receipt requested and postage prepaid, or by Federal Express or other
reputable overnight deliveryy seniice,to the party to whom the notice is directed at the address
of such party set forth below:
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Eagle: City of Eagle
660 E. Civic Ln.
Eagle, ID 83616
Owner: Terra View, LLCM
c/o.lustin Martin
1191 E. It-on Eagle Dr. Suite 100
Eagle, ID 83616
And TV44, LIX
c/o.lustin Martin
11 91 F. If-oil Eagle Dr. Suite 100
Eagle, ID 83616
With copy to: Brian F. McColl
McColl Law Office, PLLC
3858 N. (iarden Clenter Way, Ste. 200
Boise,, ID 83703
or such addresses and to such other persons as the parties may hereafter designate. Any such notice
shall be deemed delivered upon delivery if by personal delivery, three (3) days after deposit in the
United States mail, or upon receipt if deposited with a reputable overnight delivery service.
8.14 Effective Date. This Acynreement shall be effective upon recordation of a fully executed and
notarized original of this Agreement.
8.15 No Partnership, Third Parties. It is specifically understood, acknowledged, and agreed
that. neither Eagle nor Owner shall be deemed to be an agent of the other for any purpose
whatsoever. It,is not intended by this Agreenietitto, and nothing contained in this Agreement
shall, create any partnership,joint venture or other arrangement between Owner and Eagle.
No term or provision of this Agreement is intended to, or shall, be for the benefit of any third
party, person, firm, organization or legal entity not a party hereto, and no such other third-
party, person, firm, organization or legal entity shall have any right to cause of action
hereunder.
8.16 Recordation. After its execution by the parties hereto, this Agreement shall be recorded in
the office of the Ada. County., Idaho Recorder at the expense of the Owner.
8.17 Good Standing; Authority. Each of the parties represents to the other that: (a) Owner is an
Idaho limited liability company duly qualified to do business in the State of fdaho; (b) Eagle
is a Municipal corporation duly qualified to do business in the State of Idaho, and (c) the
individual(s) executing this Agreement on behalf of the parties are hereby authorized and
empowered to bind the party on whose behalf each such individual is signing.
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End. Signatures follow on next page.]
Terra View Dei?elopment Agreement Exhibits:
Exhibit A: Terra View Concept Plan
Exhibit B-1- Legal Description of Terra View Property
Exhibit B-2-. Legal Description ofTV44 Property
Exhibit C-L Terra.View, LLCI, Affidavit of Owner
Exhibit C-2-. TV44, LLC, Affidavit of Owner
Exhibit D: Eagle's Future 1-and Use Map
Exhibit E: Terra View Subdivision Phasing Plan
Exhibit F'-. Concept Plan for Fence
Exhibit G: City Park Plan
Exhibit H-. Trallhead Improvement Concept
Exhibit 1-. Eagle's Official Schedule of District U'se Regulations EC C 8-2-3
Exhibit J: Architecture Styles of Terra View
Exhibit K- Terra View Single Family Design Standards
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IN WITNESS WHEREOF,the parties hereto, having been duly authorized, have executed
this Development Agreement,
DATED this t - day of 2022.
EAGLE-,
CITY OF EAGLE, a municipal corporation
Organized and existing under the laws of the
State of Idaho
By
s.
1 1•• Jason lerce, Mayor
A TEST: p0 % •.
Tracy sborn, City Clerk z
o'SEAL -'`:
ram•••JDORAIV•••p ••i:OF 11)•••••`
STATE OF I.D AHO }
ss.
County of Ada.
On this 1A day of 1 2022, before the undersigned notary
public in and for the said state, personally appeared Jason fierce, known or identified to me to be
the Mayor of the City of Eagle and the person Who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written. •
Cst
i f r,r•••
T
0 'o%
Nota ublic.for IdahoA%; a A y'•. v, ry
Residlna at:
G M commission.expires:T
n UB L1 h;
OF
888/1111106
Page 19 of 66
K\Planning Dept\Eagle Appheadons',.SUBS',.2021\Teixa View Sub'',Terra ti'iew SO da cc H vendecx
DATED this day of 2022.
OWNER:
TERRA VIEW, LLC
By Z
Jup in Martin, Manager
STATE OF IDAHO
ss.
County of Ada.
On this, day of 2022, before the undersigned notary
public in and for the said state, personally appeared Justin Martin,known or identified to me to be
the Manager of Terra View LLC an Wyoming limited liability company, and the limited liability
company that executed the within foregoing instrument, or the person who executed the
instrument on behalf of said limited liability company, and acknowledged to me that such limited
liability company executed the same.
IN WITNESS WHEREOF., I have hereunto set my hand and seal the day and.year
first above written.
Notary Public for daho
Residing at:021(
My commission expires: 0/fZJTO"
AMY P GOODWIN
COMMISSION#20214875
NOTARY PUBLIC
STATE OF IDAHO
My COMMISSION EXPIRES 10/12/2027
Page '20 of 66
RTtarming Dept\Eagle Apphc,-LdL,.tis'SL7BS'%2021\TeiTa View Sur.Terra'Ciew Sub da cc f1d ver.docx
DATED this day of 2022.
OWNER:
TV44, LLC
By
J.usti -artin, Manager
STATE OF IDAHO
ss.
County of Ada,
lei
On this day of C',2022, before the undersigned notary
public in and for the said state, personally appeared Justin Martin,,,known or identified to me to be
the Manager of TV44, LLC., an Wyoming limited liability company, and the limited liability
company that executed the within foregoing instrument, or the person who executed the
instrument on behalf of said limited liability company, and acknowledged to me that such limited
liability company executed the same.
IN"WITNESS 'VNTMREOF, I have hereunto set my hand and seal the day and year
first above written.
Notary Public for4aho
Residing at:
My commission expires., C) - 2
AMY P GOODWIN
COMMISSION#20214875
NOTARY PUBLIC
STATE OF IDAHO
My COMMISSION EXPIRES 10/121/20]27
Page 21 of 66
K"Tlaraiing Dept\Eagle Al)l)h(-ations,SLTBS'?021\T!i-i-a View Sub,Teaa View Sub da cc ffil ver.docxtn -
EXHIBIT A
CONCEPT PLAN
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row T
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1
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LU
3
3
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3
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3
I
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EXHIBIT B-1
LEGAL DESCRIPTION OF TERRA VIEW PROPERTY
A} rvcl f laced fiittratc is Sa- mti 34 and the cam 1wif oft])c epr"u[]cn qu ttr of SeMifin ,Tow-,-hip 5 NqN J, Rango I We4. DaisoMiaridimm+apd thC:n0rl1L half OfSCetiGN 3 end t
north half of Scdjdn 4,Township 4 North.Rya I W&M& Bvs sc I' crldian,Ada CO nly,l6kho. MA.9 more payliw y dmmibod as follows;
COmrn aMc A Ole AoLk mrtrcr of i()n 33,Towndiip 5 Mxth,R-anpe 11tf-l-'et, Doirc6NletSdian'rLlh JY44 I
Tlt&bw N8744'14" W, 1305.86 fad aldmd the south I blo of Scctimk 33 la the simAhwaaoDrnertrl4eeast4Wr0Fvuuthv-m'queittrOfSoetiowt 33,$be POINT OF UECriNN]NG-
l mc&.Non5.3SIT,2647 fend along the west Jine Of tlkc casl ha[f n f the
spa avxr0 t q=lftr of SCdil3n 33 10 t hq nor[hwc31 Canjrrof the Cato hsl f 0 f theC-w wl rwu*
s igbeuA CJuamer of section 33F
Thonce SO9 55 F, 13 I6_85 AMR.6,v ng!]ne Coal] iirle of the tort hmar0f theSmAhm"t-4u=ter of S=tiou 33 to the no thwe9t of II)e soulhwas;queuler ofSecnion34;
wP RiKtMwc
Thrace 589"1 O'1 d"p 2637.44 fem&tai ft north llae of the qD hw&vjqwutcw of
Sactim 34 to the noAhwmt ooraer of the noItbwcst der of ChoslouLbes-m meter*fSer-fion 34;
T>(wtv S8 11'05RE,736.51 fed along,the Korth 11rLe of[Jh,mgthw W of thewathIOfSboq34:
Ibc=NOD031"I 5-E,429.OD fwr
Y 8901> CS"El feet W [he e&M Tine of Ow Pmthwwt gets.Df tM
RadkeW 9uvtMr Of S009m 34;
0D9l"15 WT 429.M g the Cat fine ofthe Whwest gvfaq-r OfIthcultquW"ofEf4ou 34(0 the=Tfficast ozr=r of the ryvrtlxwast quml&oftha
qWR=aF ocdran 34
ThMM 50 36'52' ,32033 fum al mark line of ft aordiwest quamer of thetquarterOfSQWM34;
a t13 OM 7 Y"tluy t h4•+4
flmwv
ury fp Thmoe S87-34'07-W,.27.44 f+ eg
oeu745A= Thquce S34N9'07'"W,240.70 feaq
n46 sm
Fm,WrAU 44h Tkc 41*15407"w, 10130 feat;
WA* Gdaslgattrrn
1013
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At,nexatkm Desaipe"Cath,aed
Thence S3MW53"W,213-U r6w;
Theme S2(r37'VT"W, 116_40 f,,m;
Tbmce 833 24407"W, 168.00 frai;
Thcnm S 13-24'07"W, T Z6.OD foal;
Theca 31 rB'J 3"F 173 A2 k=1 I D I IPo point I irW[rf[he jKWjtjwm[ yuaricr pf thesauthftastquatk2-of Sect ion 34,
Thence S09050'2_S"17, 116.14 feet;
Thence S2V40-35-W,77.40 foot;
Thex oc S49°56'3S" , 199.5S fret,
ThmeeS40°#7`35"1ril, 26+t.35 C;
TbcnCe S46039`35" w 2 IS.IS fret;
77xbc,t Sb5°35'35"W, 129.16 foal;
Mumce S2g°3U'3sly,77.80 fees;
Mc, a S2R°33'35"W. 105.37 fort,
Thu=S 15"37'35-W, 96.98 f
T lcuct S2 "51'35'W.377.85 facl to Ilse&Mtb line of the aoartheaet quarts of thesauth't quarla'of,SecUcm 34;
0 Therim S89"03'19"!?,33.01 fleet a[lung the south lirte ofsoutheast quarter oftht30
mutltwrst q uarter of seotian 341.the manheavc corner of 1ha no>rthwcsf qu&ter ofDSeRxion3i
ThOnCE SOC"46`56'W,25.00 fact aF the rest hnr of[lie n4ry}1wCg quartcx ofScCtia3,
TWes' a 1 1
wt Li
1
t-
W,2537.1 b fee# along the south PrmoiPlive Agh"f--way line of
jlon]
VCsi BcaCgul Liglx#RjMW to the eat Ilne of the tra,#aeoast gae[tor of Section[4;
age 2 of 3
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Aan aei 1+C4eptias I lir urd ,
t'J t ec NS"44'14"w, 1 0&.S6 fccl along lhr south jxm3criprv,!;
tlr r to I acri dw}els t flinwea sl jIts,
f Road adtl,cwestr Ycx€an a ROD d
7' snac
oh '
Q"I
deli
25.00 f manly ale wea line of J7 c nnJ llSr;lrejo1p1FcPOINTOr' BEG]N I G
79 c Rb[vc d scr;l d Puce 1 Sri tong 291.43 imrm i,lnw'e qr IIN&s
Sul)jecttoanyC&% r ftuOTHSl f oTr (vggwcnt_
P red kbm i ri'mmWiao ofrar,M_
3 of 3
EXHIBIT B-2
LEGAL DESCRIPTION OF TV44 PROPERTY
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 33,AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
34, TOWNSHIP 5 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, ID CO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
13 EGI N N I NO AT AN ALUMINUM CAP MARKING THE SEDTICN CCRNIFR COMMON TO SECTIONS 33
AND 34. TOWNSHIP 5 NORTH, RANGE 1 WEST, BOISE MERIDIAN,AND SECTIONS 3 AND 4,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE
ALONG THE SECTION LIVE COMMON TO SAID SECTIONS 33 AND 34, NORTH 0-08'09'WEST
2631.12 FEET TO AID ALUMINUM CAP MARK IN G THE QUARTER CORNER COMMON TO SAID
EC71ONS 33 AND 34, ALSO BEING THE REAL POINT OF BEGINNING;
THENCE ALONG THE CENTER QUARTER SECTION LINE OF SAID SECTION 33, NORTH 89"39"311,
WEST 986.34 FEET TO AN IRON PIN;THENCE
LEAVING SAID CENTER QUARTER SECTION LINE,NORTH 0°08"55" WEST 660.00 FEET TO AN
IRON PIN;THENCE
NORTH 89"39'31'YVEST 330,00 FEET TO AN IRON PIN ON A 1116 SECTION LINE OF SAID SECTION
33; THENCE
ALONG SAID 1/16 SECTION LINE, FORTH 0"D8'55'WEST 1 Dl04 FEET TO AN IRON P[N; THENCE
LEADING SAID 1116 SECTION LINE-, NORTH 89 1910' EAST 447.82 FEET TO AN IRON PIN, BEING,
AT THE SOUTHERLY TOE OF THE EMBANKMENT OF AN ACCESS ROAD,ALONG THE SOUTH
SIDE OF THE FARMEI;'S UN10N CANA[„THENCE
ALONG SAID TOE OF THE ROAD EMBANKI AE#VT,
SOUTH 8W30'46" EAST 544_60 FEET TO AN IRON PIN,THENCE
NORTH 86°04'43"EAST 332.96 FEET TO AN 3RON PIN;THENCE
NORTH 78844`32" EAST 203.16 FEET TO AN IRON PiN'T THENCE
NORTH 83"25"17"EAST 311.15 FEET TO AN IRON PIN;THENCE
NORTH 85w36"01'EAST 255A9 FEET TO AN IRON PIN; THENCE
SOUTH 81¢65'3g"EAST 173.72 FEET TO AN IRON PIN; THENCE
NORTH 82"OV19" EAST 379.69 FAT TO AN IRON PIN AT THE INTERSECTION OF THE SAID TOE
OF THE ROAD EMBANKMENT AND A 1115 EI;TION LINE OF SAID SECTION 34;THENCE
LEAVING THE TOE OF R AD EMBMKMENT AND RUNNING ALONG SA[D 1116 SECTION LINE,
SOUTH 0`08"28" EAST 911.51 FEET TO A PK NAIL IN A CONCRETE IRRIGATION D3TCH MARKING
THE CENTER WEST 1116 CORNER OF SAID SECTION 34;THENCE ALONG THE CENTER
QUARTER SECTION LINE OF SAID 3 ECTIDN 34, NORTH 89°47'56-WEST 131 B.73 FEET TO THE
REAL POINT OF BEGINNING,
Page 26 of 66
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EXHIBIT C-1 AND C-2
OWNER'S AFFIDAVIT
Page 27 of 66
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EXHIBIT gic-15;
Affidavit of JUSTIN MARTIN on behalf of TERRA VIEW LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAfiO
ss.
Count 7 of Ada
JUSTIN MARTIN,who being first dull"s-vNTorn under oatli,deposes and says:
1. 1 any JUSTIN MARTIN, who is a Manager of Terra View,, LLC, whose mailing address
is 1191 East Iron Eagle Drive,Eagle,ID 83616 "Terra View,LLC").
2. Terra View, LLC, is the fee simple owner of the parcel of real property described on
Exhibit B-I (the"Property").
3. Terra View LLC authorizes the submission of the Propert?, to certain Development
Agreement dated the day of 2022 pursuant to the pros sions set forth 'n Idaho
Code Section 67-651 1A and Eagle Cjt 7 Code Section 8-10-1. by and between the City of Eagle, a
municipal corporation in the State of Idaho,and Justin Martin', Terra View,'LLC (the "Agreement").
DATED this day of 2022,
By: Terra View,LLC
By:
Martin,,Manager
SUBSCRIBED AND SWORN'to before me this b", day of v" 202)
Notary Public f6dIdahq
Residing at Idaho
My Commission expires /1)/-(Z--/
AL
AMY P GOODWIN
COMMISSION#20214875
NOTARY PUBLIC
STATE OF IDAHO
My COMMISSION EXPIRES 10/12/2]027
Page I of I
KAPI-arnungr Dept\Eagle Apphcations,'SUBS'%.202 I\Terra View Sub"Terra View Sub do affidavit TV LLC Aoc
EXHIBIT"C-2"
Affidavit of JUSTIN MARTIN on behalf of TV44 LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
ss.
County of Ada
JUSTIN MARTIN who being first dtilxy-sworn under oath,deposes and says:
1. .1 am. JUSTIN' MARTIN, who is a Manager of TV44, LLC, whose niailing address is
1191 East Iron Eagle Drive,Eagle.,ID 83616("TV44,LLC").
2. TV44,1,LC.is the fee simple owner of the parcel of real property7 described on E-.,..-..Iiibit B-
2 (the"Propefty"
0. TV44, LLC, authoriz the submission of the Property to certain Development
Agreement dated the 17day of il LI 2022 pursuant to the provisions set forth in Idaho
Code Section 67-65)1 1A and Eagle Cit 7' Code Section 8-10-1, by and 'between the City of Eagle, a
municipal corporation in the State of Idaho. and Justin Martin, TV44,,LLC (the"Agreement").
s.
2022.DATED this da,\ 7 of
By: TV44,LLC
By:
Wstin Martin,Manager
SUBSCRIBED AND SIVORN'to before me this day of k- 2022.
Notary Public' Idaho
Residing at Idaho
7-W ML My Commission expires f v!r y
AMY P GOODWIN
COMMISSION#20214875
NOTARY PUBLIC
75]
STATE OF IDAHO
My COMMISSION EXPIRES 10/12/2027
W -W
Page 1 of I
K:'Tlaiiifijig Del.)tE agle.,kpl)licailoiib-\SUBS\0-021'TeiTa-Il,'ieii,Sub\TemaVjeWL Sub daaffldavitTV44 LLC.doc
EXHIBIT D
EAGLE'S FUTURE LAND USE MAP
EAGLE IS HOME-CHAPTER 6
55
lir5 .
p[taapxral¢
1{
I W Homer aQ
I
W 98Mur.Lilht Rd
W Neu'
W nlopeREa
a Prather 0. 71 FF
7l
s
REGIONAL OPENSPACE OVERLAY PROFESSIONAL OFFICE/BU5INESS PART( MIXED USE
TRANSITION OVERLAY FOOTHILLS RESIDENTIAL DOWNTOWN
COMMUNITY CENTER AGRICULTURE/RURAL VILLAGE/COMMUNITY CENTER '
SCENIC CORRIDOR ESTATE RESIDENTIAL COMMERCIAL
t.. FLOODWAY LARGE LOT INDUSTRIAL
NEIGHBORHOOD PUBLIC/SEMI-PUBLIC
COMPACT BLM PARK
FIL HIGH DENSITY EAGLE ISLAND SPENLf G
FUTURE LAND USE 771
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