Loading...
Development Agreement - 2026 - Farmstead Landing Amended And Restated - 5/12/2026Recording 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 2026-035412 Boise, Idaho Pgs= 23 boberbillig 05/18/2026 01:16:32 PM CITY OF EAGLE $0.00 Electronically Recorded For Recording Purposes Do Not Write Above This Line AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement is 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"), SKY MESA DEVELOPMENT LLC, WOODSIDE AVENUE INVESTORS LLC, and BHH FARMSTEAD HOLDINGS LLC ("Owners"). WHEREAS, Owners are the owners of record of certain real estate identified as Ada County parcel numbers SO401346700, SO401346600, and SO401336211 ("Property"), as specifically defined in the attached legal description (Exhibit A) and shown on the Concept Plan (Exhibit C), which is subject to an application for rezone with a development agreement, identified as Eagle Rezone Application No. RZDA- 2021-18, and which is subject to an application for modification to the rezone with development agreement, identified as Eagle Rezone Modification Application No. RZ-2021-18-MOD1; and WHEREAS, upon recordation of this Amended and Restated Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on October 17, 2022, as instrument number 2022-086781 (the "Original Development Agreement") shall be void and of no further force or effect on the Property; and WHEREAS, the proposed development includes properties within an area that, at the time the Original Development Agreement was recorded, was designated on the Land Use Map of the Comprehensive Plan as Neighborhood and zoned R-2-DA (Residential with a development agreement); and WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the Owners' right to use, enjoy, and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, Owners have agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and have consented to the R-2-DA (Residential with a development agreement) zoning designation for the Property with the requirements set forth in the Original Development Agreement as replaced by this Amended and Restated Development Agreement; and WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8- 2-1, this Amended and Restated Development Agreement is to be used in lieu of the PUD and conditional use process; and Page I of 10 K .\arming Dcpt\Eaglc Applications\Subdivisions\Farmst¢ad LaadingW-Farrnslcad Landing Subdivision - PZDA-2021.18-MOD I, PP-2021-19-MODI\03-Working Filcs\04-City Council\05- Dcvclopmenl AgrecracnAFarmstcad Landing DA Gnal.docx WHEREAS, Owners have provided Eagle 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 WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and WHEREAS, Owners and the City desire to enter into this Amended and Restated Development Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Amended and Restated Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to R-2-DA, subject to the provisions of a development agreement. Ordinance #885 became effective after its passage, approval, and publication, and Ordinance #885 will continue to be effective after the execution and recordation of this Amended and Restated Development Agreement. ARTICLE III CONDITIONS OF DEVELOPMENT 3.1 The maximum density for the Property shall be 1.75 dwelling units per acre (141 single family residential lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (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 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, roads, fences shown, 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 Page 2 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Farmstead Landing\03-Farmstead Landing Subdivision - RZDA-2021-18-MODI, PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agreement\Farmstead Landing DA final.docx 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 approved by the Design Review Board. All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. (e) A maintenance manual for the private streets requiring the association to have the duty to maintain the private streets, including repair and replacement of asphalt and sidewalks, provisions for snow removal from the road, and the planting and maintenance of any landscape planter islands within the subdivision, in perpetuity. (f) Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Farmstead Landing Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. (g) An allocation of responsibility for repair and maintenance of the pressurized irrigation system and all common landscape areas within the subdivision in a competent and attractive manner, including the watering, mowing, pruning, fertilizing, and caring for grass, shrubs, and trees in perpetuity. (h) An allocation of responsibility for repair, maintenance, and annual inspection of fire hydrants located on private streets. The association shall be responsible for contracting with an approved Veolia contractor for service and maintenance and for forwarding all maintenance and inspection records to the Eagle Fire Department. 3.5 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of- way and remain clearly visible from the roadway. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that 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. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. Page 3 of 10 KAPlanning DeptTagle Applications\Subdivisions\F=stead Landing\03-Farmstead Landing Subdivision - RZDA-2021-18-MODI, PP-2021-19-MODI\03-Working Files\04-CityCouncil\05- Development Agreernmffarnstead Landing DA final.docx 3.8 Owner shall construct the following neighborhood amenities (or submit a financial surety) with each associated phase of development: Lot 141, Block 1 — Community center and pool (Phase 1) Lot 1, Block 1 — Pond, gazebo, pathways, and picnic seating (Phase 1) Lot 16, Block 1 — Two (2) pickleball courts, gazebo, and playground (Phase 1) Lot 41, Block 1 — Landscaped plaza (Phase 3) Lot 46, Block 1 — Pond (Phase 3) 3.9 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs 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 structure 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 substantially conform to the design requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.10 Owner shall not file a protest with the Idaho Department of Water Resources against the City of Eagle regarding water rights application(s) for the construction of any municipal wells located within the City of Eagle water service area. Owner shall not apply for additional ground water rights associated with the Property irrigation system. 3.11 The applicant shall be required to comply with the Eagle Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit E), as identified in the Farmstead Landing PPRC Action Letter, dated October 22, 2025. 3.12 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or equipment over 25,000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub -contractors and for monitoring compliance. 3.13 The setbacks and lot coverage shall be as follows: Front (living) 30 feet (19 feet from back of sidewalk) Front (garage) 36 feet (25 feet from back of sidewalk, front -load garage) Rear 25 feet Interior Side 7.5 feet (first story), +5 feet (each additional story) Street Side 20 feet Maximum Lot Coverage 50% 3.14 The applicant is permitted private streets to access all lots. 3.15 The pond access easements around each pond may be reduced to 12 feet in width. Page 4 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Facrostead Landing\03-Farmstead Landing Subdivision - RZDA-2021-18-MODI, PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agreement\Farmstead Landing DA final.docx 3.16 No homes within a 5-lot radius shall have a similar front elevation. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of Owners are attached hereto and incorporated by reference herein agreeing to subject the Property to this Amended and Restated Development Agreement (Exhibit B) and to be bound thereby, and to comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event Owners fail to comply with the commitments set forth herein within ninety (90) days of written notice of such failure from Eagle, Eagle 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 Amended and Restated Development Agreement or to terminate this Amended and Restated Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Amended and Restated Development Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Amended and Restated Development Agreement, including attorneys' fees and court costs. 5.3 In the event this Amended and Restated Development Agreement is terminated pursuant to this Article V prior to completion of the conditions of development set forth in Article III, and no amendment is in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1, use of the Property shall be limited to those uses allowed within the Agricultural -Residential District (A-R) zoning designation until such a time as Eagle enacts and records an ordinance changing the zoning designation of the Property or Owners and the City enter into another development agreement. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to the terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Amended and Restated Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re- negotiated in good faith between Owners (or other appropriate party) and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, this Amended and Restated Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the Property shall be a burden 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 Amended and Restated Development Agreement shall be binding on the Owners and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the Property is sold, the seller shall thereupon be released and discharged from any and all obligations in connection with the Property or portion thereof sold arising under this Amended and Restated Page 5 of 10 KAPlatming Dept\Eagle Applications\Subdivisions\Fatmstead Landing\03-Farmstead Landing Subdivision - RZDA-202 1 -1 8-MOD I, PP-2021-19-MODI\03-Working Files\04-City Council\05- Development AgreementTarmstead Landing DA final.docx Development Agreement. The new owner of the Property or 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 Amended and Restated Development Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Amended and Restated Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Parag_raph Headings. This Amended and Restated Development Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Amended and Restated Development Agreement. As used in this Amended and Restated Development Agreement, masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Amended and Restated 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 Amended and Restated Development Agreement. Any action brought in connection with this Amended and Restated Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Legal Representation. Both Owners and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Amended and Restated Development Agreement and that neither party shall be deemed to have been the drafter of this Amended and Restated Development Agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below, or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. Eagle: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Owners: Sky Mesa Development LLC Woodside Avenue Investors LLC BHH Farmstead Holdings LLC Attn: James Hunter 923 South Bridgeway Place Eagle, ID 83616 8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to provide, upon written request from Eagle, adequate financial assurance to Eagle to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to Owners an estimate for the anticipated attorney fees and engineering fees associated with this Amended and Restated Development Agreement. Owners shall provide a cash deposit, letter of credit, or a Page 6 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Farmstead Landing\03-Farmstead Landing Subdivision - RZDA-2021-18-MODI, PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agreement\Farmstead Landing DA fmal.docz bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Amended and Restated Development Agreement. Thereafter, Eagle shall bill Owners for such fees, adjusting the estimates as appropriate. Owners shall make payments for such fees as incurred by Eagle and as invoiced to Owners or, if Owners have made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit, and if Owners fail to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by Owners. Thereafter, if the then -current estimated fees still to be paid exceed the amount of the then -current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit), Owners shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle'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 Owners fail to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owners, 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 Property; (b) withhold the connection of water, sewer, or electric service to any property located within the Property; (c) refuse to accept public ownership and maintenance of public improvements within the Property and record a notice of such action with the Ada County Recorder's Office; (d) issue a stop work order for any building under construction within the Property; (e) withhold reimbursement of the surety/financial guarantee of performance collected pursuant to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code; (f) bring an action for damages, injunctive relief, specific performance, or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 8.9 Effective Date. This Amended and Restated Development Agreement shall be effective upon its execution by all the parties. 8.10 Authority to Enter Into Agreement: By the execution and delivery of this Amended and Restated Development 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 limited liability company) action, and necessary corporate (or limited liability company) resolution(s) have been executed for the undersigned representatives to sign this Amended and Restated Development Agreement and to so bind their respective parties. Page 7 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Farmstead LandingNO3-Farmstead Landing Subdivision - RZDA-2021-18-MODI, PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agreement\Farmstead Landing DA final.docx IN WITNESS WHEREOF, the below party has executed this Amended and Restated Development Agreement. DATED this 12 day of 2026. AA1 T: Osborn, City Clerk STATE OF IDAHO ) ss. County of Ada ) CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Brad ike, Mayor .•' ' `� UP F �'•4 see GOVLPOR.tei s== ••' ;ORAIED 9- '6'OF 1D p ��.•'' On this II- day of M M , in the year U ?.(4 before me, the undersigned, a Notary Public in and for said State, pers ally 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. o •�`IAY �e�U •. .• •. Notary P blip_, ��►Q'.•'"..•.•% •',,, Residing at: Cl ARY% My Commission Expires: 2-2'203D Page 8 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Farmstead Landing\03-Farmstead Landing Subdivision - RZDA-2021-I8-MODI. PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agnxrnent\Famstead Landing DA final.doex IN WITNESS WHEREOF, the below party has executed this Amended and Restated Development Agreement. DATED this ►!L day of 2026. STATE OF IDAHO ss. County of Ada OWNER: *Y MESA DEVELOPMENT LLC By: J es Hunter Its- Authorized Agent OWNER: ODSIDE AVENUE INVESTORS LLC ;Bv: J tes HunterAuthorized Agent OWNER: B �� FARMSTEAD HOLDINGS LLC r 4 By: fames Hunter Authorized Agent On this -�— day of Gr 2026, before the undersigned notary public in and for the said state. personally appeared JAMES HUNTER. known or identified to me to be the Authorized Agent of Sky Mesa Development LLC, Woodside Avenue Investors LLC, and BHH Farmstead Holdings LLC, 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. PAULETTE A MALOICH -OMM, NO. 20233181 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 0812212029 /u l�l ImR Notary Public fo Idaho Residing at: GSM G, `�tr%1 My Commission Expires: 1 LL J Z i 9 Page 9 of 10 k Planning Dept Faglc kpphcation, Suhdnt,ions Farmstead I andmg W-Famstead Landing Suhdtvision - RZD4-2021-13-\WI)I. PPd021-14-\I( )1)1 o Norkmc I -tie, w-t it% Council O5- De,0opmem Agreement Farmstead Landing D,\ drA docx INDEX OF EXHIBITS A - Legal Description B - Affidavit of Legal Interest C - Concept Plan D - Architectural Elevations E - PPRC Action Letter F - Heavy Truck Traffic Plan Page 10 of 10 KAPlanning Dept\Eagle Applications\Subdivisions\Farmstead Landingk03-Farmstead Landing Subdivision - PZDA-2021-I8-MODI. PP-2021-19-MODI\03-Working Files\04-City Council\05- Development Agreement\Farmstead Landing DA fmal.docx Exhibit A 1\LliLl V LU (1 1 ILLU CITY OF EAGLE August 29, 2025 Description for Eagle 80 December 14, 2021 File: Route to: A parcel of land located in the South 112 of the Southwest 1/4 of Section 1, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the Section corner common to Sections 1, 2, 11 and 12, TAN., R.1 W, B.M.; thence North 00°54'49" East, 1,326.47 feet to the South 1 /16 corner common to said Sections 1 and 2; thence on the south boundary line of Bellaterra Subdivision as filed in Book 108 of plats at Pages 15042 through 15045, records of Ada County, Idaho, and the westerly extension thereof, South 89014'08" East, 1320.64 feet to the Southwest corner of Loch Lamond Subdivision No. 2 as filed in Book 92 of plats at Pages 10865 through 10867, records of Ada County, Idaho; thence on the south boundary line of said Loch Lamond Subdivision No. 2 and the easterly extension thereof, South 89014'08" East, 1,320.69 feet to the north -south centerline of said Section 1; thence on said north -south centerline, South 00054'20" West, 1,319.84 feet to the 1/4 corner common to said Sections 1 and 12; thence North 89022'47" West, 2,641.55 feet to the REAL POINT OF BEGINNING. Containing 80.234 acres, more or less. End of Description. Page 1 of 1 PL L ANp ENSF S G 11779 NA Z�� ZoZ I Z- o�yrF M. M cC PN` INI-VI-1 V L-V U 1 ILL-L. N Scale: 1"=400' 0 100 200 400 800 Bellaterra Sub ai a _1 S1 /161 -7- z S.2 S.1 1j, / 1320.64' S.2 S.1 / S.11 Yof 12 Real Point Beginning �oNNL LAND s 5 \ F- N Sic " G 1 779 % OF F \M MCCN IDAHO SURVEY BOSS. EAHO 8314 eo)st . )onNo es�o4 (208)846 8570 GROUP, LLC GTi Y OF EAGLE Exhibit A August 29, 2025 File: Route to: Loch Lomond Sub. No. 2 S89'14'08" 2641.34' ±80.234 Acres W. Floating Feather Rd. / N89'22'47"W 2641.55/ Basis of Bearings Exhibit Drawing for Eagle 80 Located in the S1/2 of the SW1/4 of Section 1, TAN., R.1W., B.M., Ada County, Idaho 1 /4 S.1 • s.1 z Job No. 21-533 Sheet No. 1 Dwg. Date 12/14/2021 Exhibit B Affidavit of Bowen Grange on behalf of Sky Mesa Development LLC., Woodside Avenue Investors LLC., & BHH Farmstead Holdings LLC. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. C'ountY of Ada ) Bowen Grange. xNho being first dull sworn under oath. deposes and says: 1. I am BoN�en Grange. whose mailing address is 923 S. Bridge�Nav Place. Eagle. ID. 83616 (-Sky Mesa Development LLC., Woodside Avenue Investors LLC., & BHH Farmstead Holdings LLC."). ?. Sky Mesa Development LLC.. Woodside Avenue Investors LLC.. & BHH Farmstead Holdings LLC. are the fee simple owners of the parcels of real property described on Exhibit A. attached hereto (tile "Property"). 3. Sky Mesa Development LLC.. Woodside Avenue Investors LLC.. & BHH Farmstead Holdings LLC. authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-651 IA and Eagle City Code Section 8-10-1 dated the _ day of . 2026 b\ and between the Cih of Eagle. a municipal corporation in the State of Idaho. and Ski Mesa Development LLC.. Woodside Avenue Investors LLC.. R BHH Farmstead Holdings LLC. (the "Agreement''). DATED this 2-7 day of Li I?Gt4q r . 2026. Skv Mesa Development LLC. B : un er Its: Authorized Agent Woodside Avenue Investors LLC. '. 5� -- � k ravis Hunter Its: Authorized A�ent BHH Farmstead Hol gs LLC. 13 1-ray is I lunter Its: Authorized Agent Pa,,e I of? Exhibit B BoxNen Gran�_e - Applicant SUBSCRIBED AND SWORN to bk:lurk2 me this 2-7 (la% Of LAIVY .2026. PAULETTE A MALOICH COMM. NO. 20233181 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 08122U2029 CC C Gr �G i otary Public for Idaho Residing at rl Gt �'Y!Idaho M}- Commission expires (ZL (Z Z Page 2 of 2 a, W 40.0 * *. 0 , m 6 L.AAvk A Om q IN, 'W:lo 441] f MON&:- 4M. how i- dmmm i Exhibit D Yk I mrl"- Exhibit E CITY OF EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION ACTION REPORT October 22, 2025 MEETING DATE: October 16, 2025 MEETING TIME: 5:30 p.m. LOCATION: Eagle City Hall — Council Chambers The City of Eagle Parks, Pathways, and Recreation Commission (PPRC) acted upon the application described below based on the information provided within the staff report. I. CALL TO ORDER: 5:30 PM II. ROLL CALL Michel Huffaker (Chairman) — Absent Dan Faustina — Present William Morrison — Present Layne Lewis — Present Crystal Ivie — Present Douglas Domene — Present Conor Hiney — Present III. NEW BUSINESS: RZDA-2021-18-MOD1/PP-2021-19-MOD1— Farmstead Landing Subdivision Todd Tucker with Boise Hunter Homes is requesting development agreement modification and preliminary plat modification approval to modify the required subdivision amenities, reduce the landscape buffer along Linder Road to fifty (50) feet, modify lot sizes, and construct private streets and gated entrances for Farmstead Landing Subdivision, a 165-lot (141-buildable, 24-common) residential subdivision. The 80.23-acre site is located north of West Floating Feather Road between North Linder Road and North Park Lane. PPRC Action: In their motion, the PPRC included a strong preference for accepting staff recommended condition of approval #1 (noted below), and urged a recommendation for publicly accessible internal sidewalks, pathways, and vehicular roads, including public access where North Livorno Avenue meets West Frenchglen Lane, proposed to be a gated emergency access point. Additionally, the motion included a recommendation for the buffer along Linder Road to be 75 feet, constructed in alignment with the existing subdivision to the north. The PPRC voted 6 to 0 to recommend the following site specific conditions of approval: 1. All sidewalks shall be publicly accessible. 2. For all alignments in EXHIBIT A shown as five-foot (5') wide detached sidewalk, the developer shall provide sidewalks that comply with ACHD requirements. The location and type of sidewalk (attached or detached) shall be determined by the City Council at the time of subdivision plat approval. 3. The developer shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by City staff in writing) at the time of a design review application submittal. 4. Curb ramps shall be provided where sidewalks and pathways meet streets, alleys, or other curb cuts, or where they are permitted by ACHD. 5. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight feet (8') to eliminate sharp turns or blind corners. 6. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access easement shall extend to the Exhibit E parcel boundary and allow possible connection to adjacent development and allow the City, or City authorized parties, and adjacent developers, to make alterations within the easement. Such alterations to elements include, but are not limited to, connection to other trails and pathways, landscaping, fencing, irrigation equipment, and signage. 7. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access easements 25-feet in width in favor of the City of Eagle, with a minimum four -foot (4') margin on each side of the pathway tread within any part of the easement where possible for all alignments shown as "REGIONAL" and "COMMUNITY". These easements shall not limit the developer in landscape design beyond the standards established in the trail and pathway standards and Title 9. Staging and vehicle access locations shall be determined and included in the maintenance agreement and related easements. 8. Easement provision language shall include the following: "The City of Eagle may construct, connect, or continue within these easements, public pathways as part of future system expansion, and may authorize staff, contractors, or neighboring developers to facilitate such improvements within these easements from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement. " 9. The developer shall be permitted to obtain easements for pathway and/or trail construction that is outside of the current project footprint as long as the integrity of the existing pathway and trail network would not be compromised by any proposed additions and necessary realignments, as is determined by City staff. 10. Public access easement agreements and an associated survey (that depicts the location of each pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk signing the final plat associated with the first phase of the development. 11. Pathways and trails shall be constructed and a survey (that depicts the location of each pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk signing the final plat for each phase of development. 12. Unless pathways are to be maintained by the City, the developer and future homeowner's association shall provide maintenance of all pathways in perpetuity. 13. Within all public access easements, the City shall reserve the right to display signage similar to what is shown in Exhibit B below. 14. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by the City in writing prior to the beginning of construction of that portion of the trail. 15. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails where only one access is available or where a trail terminates without access to a public roadway. 16. Material staging areas for large maintenance projects shall be designed and documented, and available for use within 30-days of written notice provided by the City, for any pathway that will be maintained by the City. 17. Signage, including the physical form, materials, placement, and message, that the developer or HOA wishes to display within public access easement(s) must be approved in writing by the City,. 2 Exhibit E EXHIBIT A - PROPOSED SIDEWALKS AND PATHWAYS 5' WIDE DETACHED SIDEWALKS 10' WIDE DETACHED SIDEWALKS 6' WIDE PEDESTRIAN PATHWAYS This public pathway is built an an easement granted to the City of Eagle by the adjacent Property owners to enhanc.- our quality of life. Please respect theirs Slay on the path Leash your pets Leave no trace I .slth and sally of * rrcino KKS MUST BE ON A LEASH ON AND AROUND PATHWAYS AT ALL TIMES Pet waste mutt be pKked up Immediately and placed In waste receptacles. (r(we•++.n�+Y� ....r...« ..,.... EAGLE The primary purpose of this pathway is to maintain the canal. 7J+1f�3Dtivttt_D►oeertr and_ a—�1dlhYtll tte Closed t0 the ALbIK A1JtQU1fed Pleas* stay on the path and out of the canal The City (looks this deve Wo ne.n all the W, boat— Doc Co.npuiy fot .16 w 0 the PAIR to (ne ihek Tainifr — road. QtiestbnSp (001(HnVC004(t a) M wMYI.rf)1k/NQ/f pQ Q• (lol) 4e9-e769 etas EAGLE THIS AREA IS CLOSED TO THE PUBLIC Please Stay on the Pathway 7A.,* — 1A.1 f PRIVATE PROPERTY NO TRESPASSING At AREAS THIS SIDE OF THE PATHWAY ARE CLOSED TO THE PUBLIC PLEASE RESPECT OUR NEIGHBORS TA&n* ►or the hsal(n ., . ....�,,. DOGS MUST BE ON A LEASH IN THIS PARK AT ALL TIMES INCLUDING TRAILS Pet waste must be picked up Immediately and placed in waste receptacles. rY l4 ►•w1. N Mrt .y. t�.aw..r. •..... EAGLE For the health and safety of everyone PET WASTE MUST BE PICKED UP IMMEDIATELY AND PLACED IN RECEPTACLES iiMiGrn a"be KI-i lao . cer cede. aklaa_s7 * EAOL Thanks to an easement granted by this development the City of Eagle has the option of continuing this public pathway in the future. r—Asn" I EAGLE Raw Downtown 4. Boise 101101111 Lucky Peak Dam 21.1 tM Alterante (Unpaved] Exhibit F �j��i�./ 1� uun. Ln.� FIR I� `IKum �: .•• L V 1V1111 Uii Wit• rl��•, �■1� MMMI �/� • �r za- 9�a1. w�'j � �'1■ +R� [ iu�' IIf111AIr�1 - .z .3 1 � ,r IK FLO47NM. iE V*R ROAD KBUiV PMbt ■0.1 BOd(10 PMiE 59A59.� SCIlE IN FEET