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Development Agreement - 2004 - Van Treeck (SW Corner HWY 44) - 1/7/2004 .s Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01120/05 01:50 PM DEPUTY Neava Haney RECORDED - REQUEST OF Eagle City AMOUNT .00 9 Planning and Zoning Administrator City of Eagle P.O. Box-47'r ;5.,<0 Eagle, Idaho 83616 3C7\.NNED ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/21105 04:1B PM ~~~~ÒE~~ttiR~~~~~OåF 1111111111111111111111111111111111111 City 01 Eagle" - - f 105048972 r~-r~ AMOUNT .00 9 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, 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"), by and through its Mayor, and Robert H. and Laree VanTreeck. ("Property Owner"). WHEREAS, the Property Owner is the owner of record of certain real estate generally located on the southwest corner of State Highway 44 and Linder Road at 201 Linder Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) and as shown on Exhibit B which is, in part, subject of an application for rezone identified as rezone application no. RZ-6-04; and WHEREAS, the Property is currently located within Ada County and is zoned RR (Rural Residential); and WHEREAS, the Property Owner desires a C-I-DA (Neighborhood Business District with Development Agreement) zoning classification for the Property; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that allowing a C-l zoning designation for the Property must be limited with a development agreement to prevent undue damage to, and to otherwise be in harmony with the Comprehensive Plan and the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of the Property Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and' . WHEREAS, the Property Owner has agreed to the restrictions and limitations set forth herein upon the use and development of the Property and has consented to a C-I-DA Page 1 of 7 K:\Planning DeptlEagle AppücationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck da.doc OR\G1NAL (Neighborhood Business District with Development Agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Property Owner has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10- I(C)(I); and WHEREFORE, the Property Owner and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance annexing the Property and amending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to a C-I-DA (Neighborhood Business District with Development Agreement) zoning designation, after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE n CONDITIONS OF DEVELOPMENT 2.1 The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the Design Review. 2.2 Provide a cross-access easement for ultimate access to the property south of Old Valley Road (for use in the event Old Valley Road is vacated). The cross-access easement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site. 2.3 The Property shall be limited to one access on Linder Road and one access on State Highway 44, subject to the review and approval of the Ada County Highway District and/or the Idaho Transportation Department. 2.4 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 2.5 The current use of the Property (one single-family residence) may continue until such a time that design review application is approved for redevelopment of the site. Prior to the City issuing a zoning certificate for approval of the site redevelopment plan (final building, site, civil, and landscape plans) the current use as described herein shall be removed in its entirety including all existing buildings and structures. If, however, the site redevelopment Page 2 of 7 K:\P1amUng DeptlEagle ApplicationslRZ&A \2004\A-04-04 & RZ-06-04 vantreeck dadoc plan includes the existing structure (house) as part of the development, then the building may remain. 2.6 Upon redevelopment of the site all buildings shall be set back a minimum of thirty feet (30') from State Highway 44 and Linder Road (not including right-of-way). 2.7 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site adjacent to State Highway 44 prior to the issuance of any occupancy permits for the site. 2.8 Construct a minimum five-foot (5') wide meandering concrete sidewalk along the frontage of the site adjacent to Linder Road prior to the issuance of any occupancy permits for the site. ARTICLE ill AFFIDA VIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30) 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 Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shaJI 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 Development Agreement, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, commitment, or restriction of this 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 terminate and the zoning of the property shall become designated A-R (Agricultural-Residential) zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Property Owner (or other appropriate party) and Eagle as an amendment to the Page 3 of 7 K:\P1anning DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck dadoc Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Property Owner. Each commitment and restriction on the development 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 Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE vn GENERAL MATTERS 7.1 Amendments. Any alteration or change to this 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. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this 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. 7.3 Choice of Law. This 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 Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Property Owner and Eagle acknowledge that they each have been' represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 7.5 Notices. Any notice which a party may desire to give to another party must be in writing and Page 4 of 7 K:\P1anning DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck da.doc 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; Eagle: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owners: Robert H. and Laree VanTreeck 20 ~inder Road "'- Eagle, ill 83616 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. 7.6 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this Z day ofJff¡V' ,2004. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho ! Page 5 of 7 K:\P1anning DeptIEagIe ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck da.doc STATE OF IDAHO) : ss. STATE OF IDAHO) : ss. : ss. County of Ada) On this ~ day of, 1,¡ lI\u I1VLI , 200i before the undersigned notary public in and for the said state, personally ap~ V ANTREECK, known or identified to me to be an owner of the property referenced herein and the person(s) who executed the foregoing instrument. . . IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Page 6 of 7 K:\P1anning DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck dadoc Page 7 of 7 K:\P1amUng DeptlEagle ApplicationslRZ&A\2004\A-04-04 & RZ-06-04 vantreeck da.doc j/' .. "" . J ) . {tlVL'~ aLL ~ September 6, 2002 A portion of Tract 6, Compton Andrews Tract A portion of Tract 6 of Compton Andrews Tract, according to the official plat thereof filed in Book 5 of plats at page 223, records of Ada County, Idaho, including adjacent rights-at-way, more particularly described as follows: BEGINNING at a point which bears N 00°48' W, 618 feet from the section comer common to sections 11,12,13, and 14, TAN.,R1W., B.M.; Thence S 88°42' W, 663.6 feet along the north right-of-way of a County Road; Thence N 00°18' W, 90.5 feet to the centerline of State Highway 44; Thence 678.34 feet along said centerline and the arc of a curve to the right, having a radius of 22,918.31 feet, a central angle of 1°41'45", and a long chord bearing N 76°55' E, 678.32 feet; Thence S 00°48' E, 229 feet to the Point of Beginning. Written from data of record by the author without benefit of a field survey. D. Terry Peugh, PL5 EXHIBIT A ~~P-~~-?~~? ??:1~ HI I'R'RI ~ F=Nr, 1 NF=F=~ 98:'-' P.02 , , I ' 8 4 ,'I', 511,00 ....0' "'" "- ~¿;i;;;;;:;;':;':::;;:;~~~~~~~~~~;"";;":':;: ;;::i;~:::~;:: ~ \\: ~ \ \~ I /Í/ ! , I I 1 I , I jU ljJ " (J1 ~ "-J ~ (J1 CD 0, (J1 ¿'" \ :--/h~: \ :--#4 ~w ' "'" "', iP" \" '\ /h~'1 ~ ' " .;I. , ~//;1 \ '. ;'ð; \'. +\ vn \, \\\ \ I I \ .~ J :: I ..... .þ. ..... V4 .... ~ () 1'1 - I \0 ~ .... IC I~IW c.wc.w """N ~= In 154.64 - 0 1.11 -eÎ , '\ , \\ '~ ~.. , ',\ , \\ ,~ ~I, , ..\ , \\ ~ \\ , ,,\ I \\ .~ \': 1 '\.-----...-------. I \\ '~ \'" t\ \\\" I '\ I , \\ \'-. \ \\ % "" \ \\ ~\ ~ \- ~ \ ' '~: ~ \ , \. "\ \" "~ ¡ ; '~.# :n;Ø /L... ~)(HI8(í '\i; I' >, "'~';9 â;f:.~ q/M :",¿ :--//4 1"-// q//À : ,~. J. #A ~;¿;4, '.., :~1'J"/. : ~ F/, z, ..1. ~ ~ i""1 ~ ~\ 'I"d '6 ~ ~ ~ ~ ,t;, ~ 0 " 0 0 :;Q .þ. tH 0 -..J -..J tH a -..J a a 01 :u .þ. ("I 0 " -.J ("I 0 (XI a ) SITE PLAN (1"= 1 00')