Easement - Oppenheimer / CI Mefford Trust /Kittyhawk - 2006 - Eagle Public Library - Declaration of Restrictions / Grant of Easements / Operating AgrtORIGINAL
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 117.00 39
BOISE IDAHO 01/27/06 04:13 PM
RECORDEO°"REQUEST OF0 III 1111111111111111111111111111111III
Hawley Troxell 106013933
DECLARATION OF RESTRICTIONS,
GRANT OF EASEMENTS
AND OPERATING AGREEMENT
THIS DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS AND
OPERATING AGREEMENT ("Declaration") is made effective the day of January, 2006,
by the City of Eagle, a municipal corporation (the "City"), Eagle Village, LLC, an Idaho
limited liability company ("Eagle Village"), Clifford D. Mefford Trustee of the C&I Mefford
Trust under Trust Agreement dated effective April 22, 2000 ("Mefford Trust") and
Oppenheimer Companies, Inc., an Idaho corporation ("OCI"), Thomas G. Dater, dealing with
his sole and separate property ("Dater"), Bradford P. Shaw, dealing with his sole and separate
property ("Shaw"), Robert Holdren, an unmarried man ("Holdren"), and Kittyhawk
Investments, an Idaho general partnership ("Kittyhawk"). OCI, Dater, Shaw, Holdren and
Kittyhawk are hereinafter referred to as the "Co -Owners."
1. PRELIMINARY
1.1 Definitions:
(a) "Aquila Village Subdivision": All that certain real property located in
Eagle, Ada County, Idaho, more particularly described in that certain Plat of Aquila Village
Subdivision filed in Book 82 of Plats at Pages 8908 through 8909, Records of Ada County,
Idaho.
(b) "Declarants": Eagle Village, the City, Mefford Trust and the Co -Owners,
and any successor in interest to fee title to the Eagle Village Property, the City Property, the
Mefford Trust Property and the Co -Owners' Property, as described below.
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(c) `Building Area": All those areas on each Parcel on which buildings are
located, or on which buildings have been approved for location by the City, acting in its police
power capacity and not as an Owner.
(d) "City Property": That certain real property located in Ada County, Idaho
which is more particularly described on EXHIBIT "A" attached hereto and Lots 6 and 7 of the
Aquila Village Subdivision (Parcel 1 as shown on EXHIBIT "C" attached hereto).
(e) "Common Area": All those areas on each Parcel which are not Building
Area together with those portions of the Building Area on each Parcel which are not from time to
time actually covered by a building or other commercial structure or which cannot under the
terms of this Declaration be used for buildings. Canopies which extend over the Common Area,
together with any columns or posts supporting same, shall be deemed to be a part of the building
to which they are attached and not a part of the Common Area.
(f) "Co -Owners' Property": That certain real property located in Ada
County, Idaho, which is more particularly described on EXHIBIT "B" attached hereto. (Parcel 2
as shown on EXHIBIT "C" attached hereto).
(g)
"Consenting Owner": Eagle Village as long as it owns any lot in the
Medallion Eagle Professional Center, and if Eagle Village no longer owns a lot therein, then a
majority of the Owners of all of the Lots in the Medallion Eagle Professional Center shall be the
Consenting Owner(s).
(h) "Eagle Village Property": Lots 1, 2, 3 and 5 of Block 1 of the Aquila
Village Subdivision (Parcel 3 as shown on EXHIBIT "C" attached hereto).
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(i) "Lienholder": Any mortgagee under a mortgage or a trustee or
beneficiary under a deed of trust constituting a lien on any Parcel.
(j) "Medallion Eagle Professional Center": Parcels 1, 2, 3 and 4 as shown on
EXHIBIT "C" attached hereto, which shall be referred to hereinafter as "Medallion."
(k) "Mefford Trust Property": Lot 4 of Block 1 of the Aquila Village
Subdivision (Parcel 4 as shown on EXHIBIT "C" attached hereto).
(1)
"Owner": The record holder of fee simple title to a Parcel, its heirs,
personal representatives, successors and assigns.
(m) "Parcel": Parcels 1, 2, 3 or 4 as shown on Exhibit "C" attached hereto and
more particularly described above.
(n) "person": Individuals, partnerships, firms, associations, corporations,
trusts, governmental agencies, administrative tribunals or any other form of business or legal
entity.
(o) "Restrictions": The easements, covenants, restrictions, liens and
encumbrances contained in this Declaration.
1.2 Purpose:
The Declarants desire to develop Medallion as an integrated public and private business
and office park for the mutual benefit of all real property in Medallion and, therefore, hereby
establish the Restrictions.
1.3 Declaration and Imposition of Covenants:
Declarants hereby declare that Medallion and each Parcel within Medallion, and all parts
and portions thereof shall be held, sold conveyed, used, occupied and improved subject to the
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following restrictions, covenants, easements and conditions, which are for the purposes of
establishing and effecting rights and obligations and the protection of value of Medallion and
each Parcel therein, which restrictions, covenants, easements and conditions shall run with the
land and bind each Parcel, and shall be binding on all persons and entities having any right, title
or interest in any Parcel, and their successors and assigns, and shall inure to the benefit of each
Owner thereof. Each Owner, by accepting title to a Parcel, expressly and specifically agrees to
be bound by the covenants and restrictions herein provided.
2. BUILDING AND COMMON AREA DEVELOPMENT
2.1 Building Location:
All Building Areas on which buildings are not under construction or existing shall be
kept weed -free and clean at the Owner's sole expense until such time as buildings are
constructed thereon.
2.2 Common Area:
The Common Area is hereby reserved for the sole and exclusive use of all Owners of
Medallion, their tenants, contractors, employees, agents, customers, licensees and invitees and
the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants.
The Common Area may be used for vehicular driving, parking, pedestrian traffic, directional
signs, sidewalks, walkways, landscaping, perimeter walls and fences, parking lot lighting, and
utilities and drive through service facilities and for no other purpose unless otherwise specifically
provided in this Declaration. No buildings or structures shall be placed or constructed in the
Common Area except monument and directional signs (as provided in Article 4), paving, bumper
guards or curbs, landscape planters, lighting standards, perimeter walls and fences, utility pads
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and equipment, sidewalks and, to the extent that they are approved by the Consenting Owner,
service facilities. The Common Area shall be kept and maintained as provided for herein. The
sizes and arrangements of the Common Area improvements, including, without limitation,
service drives and parking areas, the number and location of parking spaces, striping, traffic
directional arrows and signs, concrete bumpers, parking lot lighting, perimeter walls and fences,
and landscaped areas, together with necessary planting, may not be changed without the prior
written consent of the Consenting Owner.
2.3 Type and Design of Building:
(a) Each building in Medallion, now and in the future, shall be of first quality
construction and architecturally designed so that its exterior elevations (including, without
limitation, signs and color) will be architecturally and aesthetically compatible with all other
buildings in Medallion. No building may be constructed nor the exterior of any existing building
changed in any way (including, without limitation, signs and color) without the prior written
approval of the Consenting Owner as to the exterior elevations (including, without limitation,
signs and color) of the building to be constructed or modified and of the landscaping to be
installed and maintained. Before the construction of any building or any modification of an
existing building is commenced, sufficient information including reasonably detailed plans and
specifications and a detailed landscaping plan shall be sent to the Consenting Owner to enable
the Consenting Owner to make a reasonable determination as to the architectural and aesthetic
compatibility and compliance with the provisions of this Declaration of said building or
modification with all other buildings in Medallion. The Consenting Owner shall not arbitrarily
or unreasonably withhold its approval of the proposed building or modification if it is
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architecturally and aesthetically compatible with all other buildings in Medallion and otherwise
in compliance with the requirements of this Declaration. The Consenting Owner must approve
or disapprove the proposal within thirty (30) days after receipt of the proposal, and, if the
Consenting Owner disapproves the proposal, it shall provide a written explanation in reasonable
detail of its reasons for disapproval. If the Consenting Owner rejects or disapproves the proposal
and fails to provide such explanation within the thirty (30) day period, the Consenting Owner
shall be deemed to have approved same provided that, when the approval was sought, the one
seeking the approval stated in writing to the Consenting Owner that, if a disapproval with
explanation was not made within the thirty (30) day period, approval would then be deemed to
have been given. If the proposal is disapproved as provided herein, then an alternate proposal
may be submitted, which alternate proposal shall be handled in the same manner as the initial
proposal. Notwithstanding anything to the contrary stated in this section, all buildings and
Common Area improvements constructed in the Medallion Eagle Professional Center, including
but not limited to the Eagle City Library and the new proposed Eagle City Hall, with Common
Area improvements, as they exist or are designed and under construction on the date of this
Declaration, are approved by the Consenting Owner.
(b) All Common Area improvements on each Parcel not fully constructed and
in existence on the date construction of a new building on such Parcel is commenced, shall be
constructed by and at the expense of the Owner of such Parcel in conjunction with the
construction of the new building on such Parcel. Construction of the Common Area
improvements relating to such building shall be completed prior to the first occupancy of the
new building. The plans and specifications for Common Area improvements shall be submitted
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to and subject to prior approval by the Consenting Owner in the same manner as for building
plans and specifications, as provided in the preceding paragraph "a." Common Area landscaping
shall be served by a sprinkler irrigation system.
(c) Every building shall be constructed in such a manner as not to adversely
affect the fire rating of any other building in Medallion. The purpose of this subparagraph (c) is
to allow buildings built on each Parcel to be fire rated as separate and distinct units without
deficiency charge.
(d) Each Owner shall maintain or cause to be maintained the exterior of any
building located on such Owner's Parcel(s) in a quality and condition comparable to that of first
clads business park development of comparable size and nature located in Ada County, Idaho.
2.4 Construction Requirements:
(a) All work performed in the construction, maintenance, repair, replacement,
alteration or expansion of any building, sign or Common Area improvements located in
Medallion shall be effected as expeditiously as possible and in such a manner as not to
unreasonably interfere, obstruct or delay (i) access to or from Medallion, or any part thereof, to
or from any public right-of-way, or (ii) customer vehicular parking. Staging for the construction,
replacement, alteration or expansion of any building, sign or Common Area improvements
located in Medallion, including, without limitation, the location of any temporary buildings or
construction sheds, the storage of building materials, and the parking of construction vehicles
and equipment shall be limited to that portion of Medallion approved in writing by the
Consenting Owner. Unless otherwise specifically stated herein, the person contracting for the
performance of such work ("Contracting Party") shall, at its sole cost and expense, promptly
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repair and restore or cause to be promptly repaired and restored to its prior condition all
buildings, signs and Common Area improvements damaged or destroyed in the performance of
such work.
(b) The Contracting Party shall not permit any liens to stand against any
Parcel for any work done or materials furnished in connection with the performance of the work
described in subparagraph (a) above; provided, however, that the Contracting Party may contest
the validity of any such lien, but upon a final determination of the validity thereof, the
Contracting Party shall cause the lien to be satisfied and released of record. The Contracting
Party shall, within thirty (30) days after receipt of written notice from the Owner of any Parcel
encumbered by any such lien or claim of lien, cause any such outstanding lien or claim of lien to
be released of record or transferred to bond in accordance with applicable law, failing which the
Owner of said Parcel shall have the right, at the Contracting Party's expense, to transfer said lien
to bond. The Contracting Party shall indemnify, defend and hold harmless the Owners and
occupants of Medallion from any and all liability, claims, damages, expenses (including
reasonable attorney's fees and reasonable attorney's fees on any appeal), liens, claims of lien,
judgments, proceedings and causes of action, arising out of or in any way connected with the
performance of such work, unless caused by the negligent or willful act or omission of the
indemnified person, its tenants, subtenants, agents, contractors or employees.
(c) The parties acknowledge and agree that incidental encroachments upon
the Common Area may occur as a result of the use of ladders, scaffolds, store front barricades
and similar facilities in connection with the construction, maintenance, repair, replacement,
alteration or expansion of buildings, signs and Common Area improvements located in
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Medallion, all of which are permitted hereunder so long as all activities requiring the use of such
facilities are expeditiously pursued to completion and are performed in such a manner as to
minimize any interference with use of the improved Common Area or with the normal operation
of any business in Medallion.
2.5 Casualty and Condemnation:
In the event all or any portion of any building in Medallion is (i) damaged or destroyed
by fire or other casualty, or (ii) taken or damaged as a result of the exercise of the power of
eminent domain or any transfer in lieu thereof, the Owner of such building shall promptly restore
or cause to be restored the remaining portion of such building or, in lieu thereof, shall remove or
cause to be removed the damaged portion of such building together with all rubble and debris
related thereto. All Building Areas on which buildings are not reconstructed following a
casualty or condemnation shall be graded or caused to be graded by the Owner thereof to the
level of the adjoining property and in such a manner as not to adversely affect the drainage of
Medallion or any portion thereof, shall be kept weed free and clean at the Owner's sole cost and
expense until buildings are reconstructed thereon.
2.6 Indemnification:
Each Owner hereby agrees to indemnify, defend and hold harmless the other Owners and
occupants from and against any and all liability, claims, damages, expenses (including
reasonable attorney's fees and reasonable attorney's fees on any appeal), judgments, proceedings
and causes of action, for injury to or death of any person or damage to or destruction of any
property occurring in the interior of any building constructed on the indemnifying Owner's
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Parcel, unless caused by the negligent or willful act or omission of the indemnified person, its
tenants, subtenants, agents, contractors or employees.
3. EASEMENTS
3.1 Ingress, Egress and Parking:
Each Owner, as grantor, hereby grants to the other Owners, their respective tenants,
contractors, employees, agents, customers, licensees and invitees, and the subtenants,
contractors, employees, agents, customers, licensees and invitees of such tenants, and there is
hereby created and reserved, for the benefit of each Parcel belonging to the other Owners, as
grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and
vehicular parking upon, over and across that portion of the Common Area located on the
grantor's Parcel(s), except for those areas devoted to drive through customer service facilities.
The reciprocal rights of ingress and egress set forth in this Section 3.1 shall apply to the
Common Area for each Parcel. The cross -access easements hereby created cannot be terminated
or dissolved without the prior express written consent of the City of Eagle, Idaho.
3.2 Utility Lines and Facilities:
(a) Each Owner, as grantor, hereby grants to the other Owners, for the benefit
of each Parcel belonging to the other Owners, as grantees, and there is hereby created and
reserved a nonexclusive easement under, through and across the Common Area of the grantor's
Parcel(s) for the installation, operation, maintenance, repair and replacement of water drainage
systems or structures, water mains, sewers, water sprinkler system lines, telephones, electrical
conduits or systems, gas mains and other public or private utilities. All such systems, structures,
mains, sewers, conduits, lines and other utilities shall be installed and maintained below the
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ground level or surface of such easements except for ground mounted electrical transformers and
such other facilities as are required to be above ground by the utility providing such service
(including temporary service required during the construction, maintenance, repair, replacement,
alteration or expansion of any buildings or improvements located in Medallion). The
installation, operation, maintenance, repair and replacement of such easement facilities shall not
unreasonably interfere with the use of the improved Common Area or with the normal operation
of any business in Medallion. The grantee shall bear all costs related to the installation,
operation, maintenance, repair and replacement of such easement facilities, shall repair to the
original specifications any damage to the Common Area resulting from such use and shall
provide as -built plans for all such facilities to the Owners of all Parcels upon which such utility
lines and facilities are located within thirty (30) days after the date of completion of construction
of same.
(b) At any time and from time to time the Owner of a Parcel shall have the
right to relocate on its Parcel any utility line or facility installed pursuant to the foregoing grant
of easement which is then located on the land of such Owner, provided that any such relocation
(i) shall be performed only after sixty (60) days' notice of the Owner's intention to undertake the
relocation shall have been given to the Owner of each Parcel served by the utility line or facility,
(ii) shall not unreasonably interfere with or diminish utility service to the Parcels served by the
utility line or facility, (iii) shall not reduce or unreasonably impair the usefulness or function of
the utility line or facility, (iv) shall be performed without cost or expense to the Owner or
occupant of any other Parcel, and (v) shall provide for the original and relocated area to be
restored to a condition at least equivalent to that which existed prior to such relocation. The
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Owner performing such relocation shall provide as -built plans for all such relocated utility lines
and facilities to the Owners of all Parcels served by such utility lines and facilities within thirty
(30) days after the date of completion of such relocation.
(c) Each Owner agrees to grant such additional easements as are reasonably
required by any public or private utility for the purpose of providing the utility lines and facilities
described herein provided such easements are not otherwise inconsistent with the provisions of
this Declaration.
4. OPERATION OF COMMON AREA
4.1 Parking:
There shall be no charge for parking in the Common Area without the prior written
consent of the Consenting Owner or unless otherwise required by law.
4.2 Employee Parking:
Anything in this Declaration to the contrary notwithstanding, areas to be used for motor
vehicle parking by employees of occupants of Medallion may be designated within Medallion
from time to time with the prior written consent of the Consenting Owner. In the event
employee parking areas are designated as provided herein, then employees of any Owner or
occupant of any part of Medallion shall use only those portions of the Common Area designated
for such motor vehicle parking purposes. The authority herein granted shall be exercised in such
manner as not to discriminate against any Owner or occupant of Medallion.
4.3 Signs:
(a) The Owner of each Parcel (subject to governmental approval and provided
the amount of signage otherwise permitted by governmental authority to the Owner or occupant
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of Parcel 3 is not adversely affected thereby) shall have the right to erect a monument sign not
exceeding ten (10) feet in height or one hundred (100) square feet in total size on such Owner's
Parcel at a location approved by the Consenting Owner, subject to prior approval of the design of
such sign by Consenting Owner. Such signs shall comply with any sign criteria adopted by the
Consenting Owner, and all applicable laws, ordinances and regulations, including, without
limitation, the process of design review by the City acting in its police power capacity and not as
an Owner. The cost of constructing, installing, maintaining, repairing and replacing such
monument sign structure shall be paid by the Owner of the Parcel on which the sign is
constructed.
(b) There shall be no other signs, except directional signs, such entry way sign
for identification of Medallion as the Consenting Owner may determine to erect in the Common
Area, an easement for which is hereby granted and recorded, and business identification signs on
buildings, in Medallion. All exterior building signs shall be restricted to identification of the
businesses or services located or provided therein. No exterior building sign shall be placed on
penthouse walls, extend above the building roof or be painted on the exterior building surface.
No exterior building or free-standing sign shall utilize flashing, moving or audible lights or
appurtenances.
(c) Notwithstanding anything to the contrary stated above in this Section 4.3,
the Owner(s) of Parcel 1 or any portion thereof without the prior approval of the Consenting
Owner but subject to governmental approval shall be allowed to erect another monument sign on
Parcel 1 in the area which abuts State Street provided that such monument sign is designed and
constructed in the same manner as the monument sign located on Parcel 1 as of the date of this
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Declaration. The City hereby approves and consents, subject to the terms of this Section 4.3(c),
to the erection of a monument sign on its portion of Parcel 1 which abuts State Street by the
Owner of that portion of Parcel 1 upon which the Eagle City Hall is being constructed as of the
date of this Declaration.
4.4 Protection of Common Areas:
Each Owner shall have the right to take such steps as it deems necessary to prevent those
persons not authorized by this Declaration to use the Common Area from using the Common
Area for ingress, egress and parking.
4.5 Hazardous Materials:
No Owner of any Parcel shall cause or knowingly permit any "Hazardous Materials" (as
hereinafter defined) to be stored, released, disposed of, produced or otherwise to exist in
Medallion in violation of any law, rule, regulation, or ordinance, now or at any time in effect.
"Hazardous Materials" is herein defined as underground storage tanks, or any hazardous
substances, materials, pollutants, contaminants or hazardous wastes as defined by the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), Resource Conservation and Recovery Act ("RCRA"), as amended, or any other
similar local, state or federal law, rule, regulation or ordinance, including, without limitation,
asbestos, PCB's, petroleum and petroleum products, and urea formaldehyde. Without limiting
the generality of any provision of this Declaration or any of the remedies set forth in this
Declaration, any Owner of any Parcel violating the foregoing provision shall indemnify, defend,
and hold harmless all other Owners and occupants in Medallion from and against any and all
damages, fines, penalties, liabilities, claims, diminution in value, expenses (including, without
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limitation, response costs, monitoring costs, attorneys' fees and attorneys' fees on appeal),
judgments, proceedings and causes of action, losses, costs and penalties (collectively,
"Environmental Damages") incurred by such other Owners and occupants as a result of the
indemnifying Owner's default hereunder.
5. RESTRICTIONS ON USE
5.1 Restrictions on Use:
No part of Medallion, or any Parcel, shall be used as a bar, tavern, cocktail lounge
(provided, however, that restaurants with cocktail lounges and restaurants which otherwise serve
alcohol are specifically permitted), adult book or adult video store, automotive maintenance or
repair facility, warehouse, car wash, entertainment or recreational facility; a gas or service station
unless a part of a convenience store; for the renting, leasing or selling of or displaying for the
purpose of renting, leasing or selling of any boat, motor vehicle or trailer; for industrial purposes;
or for any other use determined by the Consenting Owner to be incompatible and inconsistent
with a first class business park development. For the purpose of this Declaration, the phrase
"entertainment or recreational facility" shall include, without limitation, a theater, bowling alley,
skating rink, studio, dance hall, billiard or pool hall, massage parlor, game parlor or video arcade
(which shall be defined as any store containing more than six [6] electronic games).
5.2 Conditional Use Restrictions:
No part of Medallion shall be used as a training or educational facility or for retail sale of
goods without the prior written consent of the Consenting Owner. The phrase "training or
educational facility" shall include, without limitation, a beauty school, barber college, reading
room, place of instruction or any other operation catering primarily to students or trainees as
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opposed to customers. The existing business(es) operating on Parcel 4 as of the date of this
Declaration which offer limited retail sales and limited computer training are permitted and
approved by the Consenting Owner.
5.3 Driveup and Drive Through Facilities:
No vehicular driveup or drive through customer service facility shall be located in
Medallion unless the Consenting Owner has first given its written consent. The drive through
customer service facility currently located on Parcel 2 is permitted and approved.
5.4 Public Buildings Approved:
The Declarants and each of them acknowledge, agree and represent that the location of a
public library, a city hall and municipal offices on Parcel 1 are all permitted and approved uses.
Furthermore, as long as the City occupies Parcel 1, the Declarants and each of them
acknowledge and agree that the Common Area on Parcel 1 and all other portions of the City
Property (Parcel 1) may be used at any time for public use, such as but not limited to Eagle Fun
Days, Eagle Country Christmas, Eagle Saturday Market, and other City sponsored community
events and activities provided, however, that all such uses, events and activities shall be subject
to the control of the City and conducted in accordance with applicable laws, rules and
regulations.
6. COMMON AREA MAINTENANCE
6.1 Maintaining the Common Area:
The operation, cleaning, maintenance, repair, replacement and insurance of the Common
Area on each Parcel shall be undertaken and effected by the Owner of that Parcel, at its own
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expense, at all times in good and clean condition and repair, said maintenance to include, without
limitation, the following:
(a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces
in a level, smooth and evenly covered condition with the type of surfacing material originally
installed or such substitute as shall in all respects be equal or superior in quality, use and
durability; and restriping, when necessary;
(b) Removing all snow, papers, debris, filth and refuse and thoroughly
sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly
condition;
(c) Maintaining, repairing and replacing, when necessary, all traffic
directional signs, markers and lines;
(d) Operating, maintaining, repairing and replacing, when necessary, such
artificial lighting facilities as shall be reasonably required;
(e) Maintaining all landscaped areas; maintaining, repairing and replacing,
when necessary, automatic sprinkler systems and water lines; and replacing shrubs and other
landscaping as is necessary; ;
(f) Maintaining, repairing and replacing, when necessary, all Common Area
walls;
(g)
Maintaining, repairing and replacing, when necessary, all storm drains,
sewers and other utility lines and facilities not dedicated to the public or conveyed to any public
or private utility which are necessary for the operation of the buildings and improvements
located in Medallion (with the cost of all such items being allocated between the Owners of each
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Parcel based on the relative Building Areas of all buildings and improvements serviced or to be
serviced by said facilities.
7. GENERAL PROVISIONS
7.1 Covenants Run With the Land:
Each Restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to
and for the benefit of the other Parcels and each part thereof and shall run with the land.
7.2 Successors and Assigns:
This Declaration and the Restrictions created hereby shall inure to the benefit of and be
binding upon the Declarants, their heirs, personal representatives, successors and assigns, and
upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by
operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its
interest in any Parcel, such Owner shall thereupon be released and discharged from any and all
obligations as Owner in connection with the property sold by it arising under this Declaration
after the sale and conveyance of title but shall remain liable for all obligations arising under this
Declaration prior to the sale and conveyance of title. The new Owner of any such Parcel 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 obligations arising under this
Declaration with respect to such Parcel or portion thereof after the date of sale and conveyance
of title.
7.3 Duration:
Except as otherwise provided herein, the term of this Declaration shall be for sixty-five
(65) years from the date hereof. Notwithstanding the foregoing, upon the expiration of such
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sixty-five (65) year term, the term of this Declaration shall automatically and without notice be
extended for five (5) successive terms of ten (10) years each (each 10 year term being referred to
herein as a "renewal term") unless no later than thirty (30) days prior to the expiration of the
initial 65 year term or renewal term then in effect (as applicable) the Owners of the Parcels
containing ninety percent (90%) of the total square footage of Building Area in Medallion duly
execute, with acknowledgment, an agreement terminating this Declaration and record the same
in the Official Records of Ada County, Idaho, in which event, this Declaration shall terminate
upon the expiration of the initial 65 year term or renewal term then in effect (as applicable).
7.4 Injunctive Relief:
In the event of any violation or threatened violation by any person of any of the
Restrictions contained in this Declaration, any or all of the (other) Owners shall have the right to
enjoin such violation or threatened violation in a court of competent jurisdiction. The right of
injunction shall be in addition to all other remedies set forth in this Declaration or provided by
law.
7.5 Modification and Termination:
This Declaration may not be modified in any respect whatsoever or terminated, in whole
or in part, except with the consent of the Owners of the Parcels containing ninety percent (90%)
of the total square footage of Building Area in Medallion at the time of such modification or
termination, provided that the Owner of Parcel 1 is among those consenting to the modification
or termination, and then only by written instrument duly executed and acknowledged by all of
the required Owners and recorded in the real property records of Ada County, Idaho. No
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 19
00007.0244.845436.5
modification or termination of this Declaration shall affect the rights of any Lienholder unless
the Lienholder consents in writing to the modification or termination.
7.6 Not a Public Dedication:
Nothing herein contained shall be deemed to be a gift or dedication of any portion of
Medallion to the general public or for the general public or for any public purpose whatsoever, it
being the intention of the parties that this Declaration shall be strictly limited to and for the
purposes herein expressed. The parties recognize that Parcel 1 is owned by the City to be used
for public buildings. Public access to such buildings and the Common Area located on Parcel 1
shall be regulated by the City, subject to the terms and provisions of this Declaration.
7.7 Breach Shall Not Permit Termination:
It is expressly agreed that no breach of this Declaration shall entitle any Owner to
terminate this Declaration, but such limitation shall not affect in any manner any other rights or
remedies which such Owner may have hereunder by reason of any breach of this Declaration.
Any breach of this Declaration shall not defeat or render invalid the lien of any mortgage or deed
of trust made in good faith for value, but this Declaration shall be binding upon and be effective
against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise.
7.8 Default:
A person shall be deemed to be in default of this Declaration only upon the expiration of
thirty (30) days from receipt of written notice from any Owner specifying the particulars in
which such person has failed to perform the obligations of this Declaration unless such person,
prior to the expiration of said thirty (30) days, has rectified the particulars specified in said notice
of default. However, such person shall not be deemed to be in default if such failure (except a
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 20
00007.0244.845436.5
failure to pay money) cannot be rectified within said thirty (30) day period and such person is
using good faith and its best efforts to rectify the particulars specified in the notice of default.
7.9 Notices:
(a) All notices given pursuant to this Declaration shall be in writing and shall
be given by personal delivery, by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, addressed to the Owner of the Parcel at the following
addresses:
Eagle Village and Co -Owners: c/o Oppenheimer Development Corporation
877 Main Street, Suite 700
Boise, ID 83702
City: City of Eagle, Idaho
310 East State Street
Eagle, ID 83616
Mefford Trust: Clifford D. Mefford,
Trustee
4511 N. Linda Vista
Boise, ID 83704
The person and address to which notices are to be given may be changed at any time by any
party upon written notice to the other parties. All notices given pursuant to this Declaration shall
be deemed given upon receipt.
(b) For the purpose of this Declaration, the term "receipt" shall mean the
earlier of any of the following: (i) the date of delivery of the notice or other document to the
address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date
of actual receipt of the notice or other document by the person or entity specified pursuant to
subparagraph (a) above, or (iii) in the case of refusal to accept delivery or inability to deliver the
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 21
00007.0244.845436.9
notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept
delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of
refusal or notice of nondelivery by the sending party.
7.10 Waiver:
The failure of a person to insist upon strict performance of any of the Restrictions
contained herein shall not be deemed a waiver of any rights or remedies that said person may
have, and shall not be deemed a waiver of any subsequent breach or default in the performance
of any of the Restrictions contained herein by the same or any other person.
7.11 Attorney's Fees:
In the event any person initiates or defends any legal action or proceeding to enforce or
interpret any of the terms of this Declaration, the prevailing party in any such action or
proceeding shall be entitled to recover from the losing party in any such action or proceeding its
reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any
appeal).
7.12 Severability:
If any term or provision of this Declaration or the application of it to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this Declaration or
the application of such term or provision to persons or circumstances, other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of
this Declaration shall be valid and shall be enforced to the extent permitted by law.
7.13 Not a Partnership:
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 22
00007.0244.845436.5
The provisions of this Declaration are not intended to create, nor shall they be in any way
interpreted or construed to create, a joint venture, partnership, or any other similar relationship
between the parties.
7.14 Third Party Beneficiary Rights:
This Declaration is not intended to create, nor shall it be in any way interpreted or
construed to create, any third party beneficiary rights in any person not a party hereto unless
otherwise expressly provided herein.
7.15 Captions and Headings:
The captions and headings in this Declaration are for reference only and shall not be
deemed to define or limit the scope or intent of any of the terms, covenants, conditions or
agreements contained herein.
7.16 Construction:
In construing the provisions of this Declaration and whenever the context so requires, the
use of a gender shall include all other genders, the use of the singular shall include the plural, and
the use of the plural shall include the singular.
7.17 Joint and Several Obligations:
In the event any party hereto is composed of more than one person, the obligations of
said party shall be joint and several.
7.18 Recordation:
This Declaration shall be recorded in the office of the recorder of Ada County, Idaho.
EXECUTED as of the day and year first above written.
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 23
00007.0244.845436.5
CITY OF EAGLE, an Idaho municipal
corporation
horizek officer)
STATE OF IDAHO )
) ss.
County of Ada )
On this day o , 200 , before e,
Oshr,i
a Notary Public in and for said State, pe o ally appeared
known or identified to me to be the of City of Eagle, an Idaho
municipal corporation, the municipal corpora n that executed the within instrument or the
person who executed the instrument on behalf of said municipal corporation, and acknowledged
to me that such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first abovi 4..,
,` osBORN�4,_
,. o,.....,o
•C.)
?� /NQ ry v• Idaho
p��si ' g IOW���
,''•,� •...11'ofh1'ssio expires / /�� i(,rf
EAGLE VILLAGE, LLC,
an Idaho limited liability company
By: OPPENHEIMER COMPANIES, INC.,
an Idaho corporation, Managing Member
By:
Arthur F. Oppenheimer
Chairman/C.E.O.
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 24
00007.0244.845436.5
STATE OF IDAHO )
) ss.
County of Ada )
On this 6 day of 4441 , 200 , , before me,��"�d et --r. c:z..4..„) ,
a Notary Public in and for aid Statejpersonally appeared Arthur F. Oppenheimer, known or
identified to me to be the Chairman/CEO of Oppenheimer Companies, Inc., the Managing
Member of Eagle Village, LLC, and the person who subscribed said company name to the
foregoing instrument, and acknowledged to me that he executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
•
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' 11%4.L' OF Vp•••r
��J
ry Public Idaho 2:44A6
Residing at
My commission expires i j.z-y07
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 25
00007.0244.845436.5
STATE OF IDAHO
) ss.
County of Ada
THE C&I MEFFORD TRUST
Under Trust Agreement Dated Effective
April 22, 2000
By:,� VEE -
Clifford
.Mefford, Trust
On this day of,'/��� , 200 6p, before me, ,, ;i,a`� tj�ie ,,� .
a Notary Public in and ffirsaid State personally appeared CliffrA D. Mefford, c/ n or
identified to me to be the person whose name is subscribed to the with instrument as Trustee of
The C&I Mefford Trust under Trust Agreement dated effective April 22, 2000,
acknowledged to me that he executed the same as such Trustee.
and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day andpitiati*K-tificate first above written.
Stt'S\•••%" '4144; %
CO-OWNERS:
tary Public f
Residing at
My commission expires 're/X77
/i/
OPPENHEIMER COMPANIES, INC.,
an Idaho corporation
Bv:
Arthur F. Oppenheimer
Chairman/C.E.O.
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 26
00007.0244.845436.5
STATE OF IDAHO )
) ss.
County of Ada )
On this t l day of a,k7 , 200 4, before me, (
a Notary Public in and fo aid State! personally appeared Arthur F. Oppenheimer, known or
identified to me to be the Chairman/CEO of Oppenheimer Companies, Inc., the corporation that
executed the within instrument or the person who executed the 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 in this certificate first above written.
L
Notary Public f dalto C`�G
Residing at _
My commission expires /70U/eV
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 27
00007.0244.845436.5
STATE OF IDAHO
County of Ada
KITTYHAWK INVESTMENTS,
an Idaho ge = . oartners
By:
) ss.
Name: / /e-ry //ay d et*
General Partner
�./ AA/G%
.�
On this w� day of � , 2001p , bef�: e mem - - � ;� ,.:�'/
a Notary Public in and for state, pe zonally appeare� know 'r identified
to me to be one of the par �s of the partnership of Kittyha k Inv - stments, and the partner or
one of the partners who subscribed said partnership name to the foregoing instrument, and
acknowledged to me that he executed the same in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
• b •.
::47 if
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•••••TE OF liPso*.
Notary Public f dahoo��GcAs /?
Residing at
My commission expires / vxy/6%
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 28
00007.0244.845436.5
STATE OF IDAHO
) ss.
County of Ada
Robert floldren
On this p day of 14/_, , 200 (p , before me,.'5ert. I%It? /7 , a
Notary Public in and for sai state, pe .onally appeared Robert Holdren, known or identified to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
••g�S AN Vh �r�y�. een---' Z....4 --/2.4...e..-.--,--/
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�.•�'' Notary Public Idaho 44
•' �' pTq ��% Residing at
•��••� a ? My commission expires /U ,ZjD%
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puBL C J
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,p'�*',
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DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 29
00007.0244.845436.5
STATE OF IDAHO
) ss.
County of Ada
Thomas G. Dater
On this 6day of ,r'it., / (, - , 200 ( , before me,.SQ,9 viz // , a
Notary Public in and for sai state, personally appeared Thomas G. Dater, known or identified to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public Idaho
Residing at
My commission expires /0/,(29/7
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 30
00007.0244.845436.5
STATE OF IDAHO
) ss.
County of Ada
}
,
JL,tLKki
v
Bradford P. ,thaw
On this day of 1/u, /.A... , 200 6 , before me>' 4 s ��/ �G /,
a Notary Public in and for it'd state, pe sonally appeared Bradford P. Shaw, known or identified
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
888
o'•••AN ,VAS '
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;,•`�4
Notary Public f,/ daho
Residing at Q'A
My commission expires - //D7o%
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 31
00007.0244.645436.5
CONSENT
The undersigned, Hawkins -Smith Eagle Hall LLC, on Idaho limited liability company,
the ground lessee of Lots 6 and 7 of Block 1 of Aquila Village Subdivision hereby consents to
the terms and provisions of the Declaration and agree that it is bound by and obligated to comply
with the Declaration.
DATED THIS 114-- day of 401A , 200 V .
1
HAWKINS-SMITH EAGLE HALL LLC
an Idaho limited liability company
By Hawkins -Smith Management, Inc., an Idaho
corporation, MANAGER
By Name: Rvbet f L •
Title:
2
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 32
00007.0244.845436.5
STATE OF IDAHO
) ss.
County of Ada
.1 tA , ,r , 200 , before e, IC ,7 11µ9i
On this j tT� day of'
a Notary Public in and for s.1 Statej1-•esonally appeared 1 P1) , known
or identified to me to be the 'Y .) of Hawkins -Smith Madagement, Inc., the
Manager of Hawkins -Smith Eagle Hall LLC and the Manager who subscribed said company
name to the foregoing instrument, and acknowledged to me that he executed the same in the
company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
�' DoT A Iij. •
• s
•
11, PuBoc
\►1TFOF111'0N
~~.IsHSN
Notary Public f daho
Residing at 1Sti , ID
My commission expires ). x'1.11
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 33
00007.0244.845436.5
CONSENT
Bank of America, N.A., which holds a lien on the Eagle Village Property (Parcel 3)
hereby consents to the terms and provisions of the Declaration.
DATED THIS 6—i-11 day of , vnkahl , 200 4, .
BANK OF AMERICA, N.A.
By
me: d"; I1 . N r/, /a �--
itle:
140
(a duly authorized officer)
STATE OF IDAHO
) ss.
County of Ada )
On this 4- day of •=da -rf , 200 , before me, 74e•i/ /1
a Notary Public in and for said State, personally appeared •• It4;ht iltivcK , known
or identified to me to be the S. VP of Bank of America, N.A., a national
association and the association that executed the within instrument or the person who executed
the instrument on behalf of said national association, and acknowledged to me that such national
association executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
otary Public for Idaho
Residing at 11/44-i 1• .
My commission expires �.? P
DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS
AND OPERATING AGREEMENT - 34
00007.0244.845436.5
EXHIBIT "A"
CITY PROPERTY
(LIBRARY)
A parcel of land being a portion of the SW 1/4 of Section 9, T.4N., R.1E., B.M., Eagle,
Ada County, Idaho, and more particularly described as follows:
Beginning at a railroad spike marking the Northwest corner of the said SW 1/4 of Section 9;
thence North 88°58'02" East 2,654.24 feet along the Northerly
boundary of the said SW 1/4 of Section 9 to a brass cap marking the
Northeast corner of the said SW 1/4 of Section 9;
thence South 0°01'20" West 1,716.74 feet along the Easterly
boundary of the said SW 1/4 of Section 9 to an iron pin marking a
point of beginning of curve on the Northerly right-of-way line of
State Highway No. 44;
thence Northwesterly along the said Northerly right-of-way line of
State Highway No. 44 along a curve to the left 560.39 feet, said
curve having a central angle of 4°48'47", a radius of 6,671.05 feet,
tangents of 280.36 feet and a long chord of 560.23 feet bearing
North 75°47'42" West to a point on curve, also said point being
the REAL POINT OF BEGINNING;
thence continuing Northwesterly along the said Northerly right-of-
way line of State Highway No. 44 along a curve to the left 139.33
feet, said curve having a central angle of 1°11'48", a radius of
6,671.05 feet, tangents of 69.67 feet and a long chord of 139.33
feet bearing North 78°47'59" West to an iron pin marking a point
of ending of curve, which is also a point of beginning of curve;
thence Northeasterly along a curve to the left 35.12 feet, said curve
having a central angle of 100°36'07", a radius of 20.00 feet,
tangents of 24.09 feet and a long chord of 30.78 feet bearing North
50°18'04" East to an iron pin marking a point of tangent;
thence North 0°00'00" East 140.22 feet to an iron pin;
thence South 90°00'00" West 165.00 feet to an iron pin marking a
point on the Easterly right-of-way line of Stierman Way;
thence North 0°00'00" East 71.40 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
EXHIBIT "A" - 35
00007.0244.845436.5
thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 54.98 feet, said curve
having a central angle of 15°00'00", a radius of 210.00 feet,
tangents of 27.65 feet and a long chord of 54.82 feet bearing North
7°30'00" West to an iron pin marking a point of tangent;
thence North 15°00'00" West 278.83 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 45.68 feet, said curve
having a central angle of 11°22'50", a radius of 230.00 feet,
tangents of 22.92 feet and a long chord of 45.61 feet bearing North
20°41'25" West to an iron pin marking the Southwesterly corner
of Lot 1 of Block 1 of Eagle Village Subdivision, as filed for
record in the office of the Ada County Recorder, Boise, Idaho, in
Book 40 of Plats at pages 3304 and 3305;
thence North 61°32'20" East 30.60 feet (formerly described as
30.02 feet) along the Southerly boundary of the said Eagle Village
Subdivision to a point;
thence South 84°28'50" East 201.19 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence North 89°58'55" East 161.27 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence South 0°00'00" West 305.00 feet to a point;
thence South 90°00'00" West 15.00 feet to a point;
thence South 0°00'00" West 314.97 feet to the point of beginning, comprising 3.723 acres, more
or less.
EXHIBIT "A" - 36
00007.0244.845436.5
EXHIBIT "B"
(CO-OWNERS' PROPERTY)
A parcel of land being a portion of the SW '/4 of Section 9, T.4N., R.1 E., B.M., Eagle,
Ada County, Idaho and more particularly described as follows:
Beginning at a railroad spike marking the Northwest corner of the said SW 1/4 of
Section 9;
thence North 88°58'02" East 2,654.24 feet along the Northerly boundary of the said
SW 1/4 of Section 9 to a brass cap marking the Northeast corner of the said SW '/a of
Section 9;
thence South 0°01'20" West 1,716.74 feet along the Easterly boundary of the said SW 1/4
of Section 9 to a point of beginning of curve on the Northerly right-of-way line of State
Highway No. 44;
thence Northwesterly along the said Northerly right-of-way line of State Highway No. 44
along a curve to the left 699.72 feet, said curve having a central angle of 6°00'35", a
radius of 6,671.05 feet, tangents of 350.18 feet and a long chord of 699.40 feet bearing
North 76°23'35" West to a point of ending of curve, also said point being the REAL
POINT OF BEGINNING;
thence continuing Northwesterly along the said Northerly right-of-way line of State
Highway No. 44 along a curve to the left 126.59 feet, said curve having a central angle of
1°05'14", a radius of 6,671.05 feet, tangents of 63.30 feet and a long chord of 126.59 feet
bearing North 79°56'30" West to a point of reverse curve;
thence continuing Northwesterly along the Easterly right-of-way line of Stierman Way
along a curve to the right 28.09 feet, said curve having a central angle of 80°29'07", a
radius of 20.00 feet, tangents of 16.93 feet and a long chord of 25.84 feet bearing North
40°14'33" West to a point of tangent;
thence North 0°00'00" East 118.05 feet along the said Easterly right-of-way line of
Stierman Way to a point;
thence North 90°00'00" East 165.00 feet to a point;
thence South 0°00'00" West 140.22 feet along a line Easterly of and parallel with the said
Easterly right-of-way line of Stierman Way to a point of beginning of curve;
thence Southwesterly along a curve to the right 35.12 feet, said curve having a central
angle of 100°36'07", a radius of 20.00 feet, tangents of 24.09 feet and a long chord of
EXHIBIT "B" - 37
00007.0244.845436.5
30.78 feet bearing South 50°18'04" West to the point of beginning, comprising
0.561 acre (24,449.29 square feet), more or less.
EXHIBIT "B" - 38
00007.0244.845436.5
MASTER COPY
AQUILA VILLAGE SUBDIVISION
• A PORTION OF .THE SOUTH WEST QUARTER, SECTION 9,
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
EAGLE, IDAHO
2001
• PLAT SHOWING
60 0 S0
240
A
Scale 1" a 80 ft
EAGLE_ VILLAGE SUBDIVISION
•
•
CITY OF
EAGLE
LIBRARY
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•.. This map/plat may or may not be a survey of the land depicted
hereon. You should not rely upon it for -any purpose other than
VIIGI1101FV11 iV ii.. vQ1lalali , i ..... ut
The Company expressly disclaims any liability for alleged bas or
rtamann L•,hir•.h may rwcult frnm reliance UDOn this mad.
040.31 lea M E F Fo R D
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NOTES
1, 1 40044 SULAM SETACN u,es SNAIL et N ACCCROANC[ WIN in
20011N0 MDfNANCE 07 TME THE Cr ISSUANCE Or THE MridNO PERMIT
OR AS 84'0011CAl1Y APPROARD.
2. ALL LDT LINES a:wow TO A PUELIC R101ft-Cr-RAY AND ADJACENT 1D
SATO 11-0-W HAVE A (12) FOOT 710E PENLANDIT PUBUC MUOE5.
D 0344008, 4100ATf01 A60 STREET WIT EA974DIT:
3. C ULLOPL1t 544ALL CCUPLY TM PAHO 0006 SECTION 34-3603•
4. ANY RE3U801MSION OF ,TILS PLAT SNAIL COMPLY 4427M THE APPUWJLE
2CNW0 408 1044048 N EFTLOT AT INC 1110 of 144E RESUDOM9CN..
5. 144E MA611ENAl4CL FOR ALL OMIOA110N AND DRAINAGE fACLLFIIU 01790E
144E PURUC 4-0-8 IS 114E RESPatMetUTY 01 T40 LOT OMNER5 17404301
*UCH THESE "ACUT E:5 PASS
0. 765 SU6M901 a 9U6JECT 10 THE REQUIREMENTS Cr SNC LWUM
BUILDING COOS (UMC) AS 880310= BY 111E art a EA0.1.
7. 1140 *4OtE53 4 CORMS ORE LANE3 940$4 CN MS PIAT ARE PCS THE
RECIPROCAL U![ Or ALL THE LOT ORNERS, THE (*0,8 POST 04110E AND ME
THE EA02 CITY WORT.
d DIRECT LOT ACCESS. EXCEPT 111058 APPROVED CN THIS PLAT, 10 w. STATE
STRUT ANO 41 PALMETTO AVEMIE h PROM/SIM.
llama
• /d. tram Cppp.4 Monument
8 14. ADurn14411 Capped Menun.nt
0 It 5/0' horror 01134 top
. • Sot 5/1' 231• Reber with Pbetk Cop 03944
Sot 1/2'x24' Reba. with P334117 Cop 10964
Lot�l0. tle,..fat
-.- Cntorlh.
. = Public Uu6Lw Ea..mnl
E1d41, hqur k (Sae DFM Lou*
- - (404. A41 County Qraheg4 110. 2 Ewvnnt
1oodeeop4 Dons SIip
77/0. ALUWNUU CAP
MARKED MTC L4HUE
.4ts 753
S 100.03' 50' W 67.90
SSS
FOU 40/4 4404
16 P 1TI F N4 .40t04
A/TC, /nc. Engineers cf' SurkeyEa-s / of 2
Aro act Na 94.605
Fuente de lo Aquila
41m sir P01 AT ACCP1137 071OI57LTIOI
PONT Or 010 COMA 001401 UNE AND THE
NOR14 MP47-OF- WAY Or STAR STREET