July 19, 2021

Ladies and Gentlemen:

It has come to our attention that the City of Boise accepted either FAA funding through the Airport Improvement Program used for the acquisition of the parcel currently slated for use as Murgoitio Park or used funding from the Airport Enterprise Fund for this acquisition. Either of these funding sources would have Federally mandated restrictions on their use.

Accordingly, the attached memo dated August 12, 1996, refers “deed restrictions,” not covenants, because we understand that federal law requires such restrictions to accept the FAA funds used to buy this land in the airport overlay zone. We understand that the same restrictions were also required under the FAA funding sought and/or accepted from the FAA annually thereafter.

As stated in this memo, and later in the declaration of covenants recorded against the Murgoitio Park property, it shall “[N]ever be developed for residential uses.”  Similarly, this property may not be used for commercial or industrial purposes.

As reflected in the other emails and diagrams attached to this email, on April 23, 2020, and April 24, 2020, Ms. Jennifer Tomlinson and Toby Norton emailed about a potential 30-acre park and a potential 40-acre park, presumably to accommodate the residential development of the Murgoitio Park area.

Although we have been unable to obtain a complete record of public documents, we have reason to believe that FAA funds were sought and/or accepted after April 2020, or even as early as 2016 onward from the time when the City’s record shows the disposition of the Murgoitio Park land was being considered, at some time after the city was working on or aware of plans to use the Murgoitio Park property for residential development.

Ms. Susan Mimura, Esq. has stated that it would be illegal to develop the Murgoitio Park property for residential purposes due to the facts set forth above. Mr. Brent Coles has stated the same. Thus, we have reason to believe this proposed project may be inconsistent with laws applicable to FAA funds.

Regards,

David A. King