Development Agreement - 2005 - Hill Road 1530 LLC (Storage 55) - 6/10/2005
ADA COUNTY RECORDER J. 'ID NAVARRO
BOISE IDAHO 06/23105 04:3b I tII
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City ot Eagle
AMOUNT
.00
14
"III" 11111111111111 I III II I11III1I1
105083143
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
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 Hill Road 1530, LLC. ("Property Owner").
WHEREAS, the Property Owner is the owner of record of certain real estate generally
located on the south side of Hill Road approximately 240-feet east of State Highway 55 at 2835
East Hill 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-15-04; and
WHEREAS, the Property is currently located within the City of Eagle and is zoned A-R
(Agricultural-Residential); and
WHEREAS, the Property Owner desires a BP-DA (Business Park 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 BP 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 BP-DA (Business Park
Page 1 of7
K:\Planning DeptlEag!e ApplieatinnslRZ&A \2004IRZ-15-04 da ee final new owner version.doe
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-
1(C)(1); 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 BP-DA (Business
Park 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 II
CONDITIONS OF DEVELOPMENT
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "C") and Building Elevation
Plans (Exhibit "D") represents an example ofthe Applicant's current concept for the site and
understands and agrees that changes in that concept will likely occur. The Applicant also
understands and agrees that any changes regarding development of the site must be in
conformance with the "Conditions of Development" stated herein.
2.2 Mini-Storage facility (with associated caretaker's office/residence) shall be the only use
permitted to be developed on the site.
2.3 The Applicant shall remove all accessory (secondary) structures from the site prior to the
issuance of any building permits for the site. Demolition permits shall be obtained prior to
the removal of said buildings.
2.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages,
the facility is permitted to store said vehicles in excess of the maximum 20% allowed by
Eagle City Code.
2.5 Landscape buffering and siting of the Mini-storage facility shall be designed to mitigate the
effects of the development on adjacent residences. All new construction shall be setback
from the eastern and southern property lines a minimum often-feet (10') and those setback
areas shall be landscaped with dense plant material.
Page 2 of 7
K:\Planning DeptlEagle ApplieationsIRZ&A\2004IRZ-15-04 da ee final new owner version.doe
2.6 The building configuration (footprint) shall remain substantially as shown on the attached
Site Plan (Exhibit "C").
2.7 The design of the Mini-storage facility shall incorporate architectural elements (materials,
colors, appurtenances) upon the building walls, with an emphasis on those facing Hill Road
and State Highway 55, to deter the construction of a monoplane structure and shall remain
substantially as shown on the attached Building Elevation Plans (Exhibit "D"). No portion
of any building shall exceed 35-feet in height, as measured from the foundation to the peak
of the roof.
2.8 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along Hill
Road abutting the northern boundary of the site.
2.9 The Applicant shall submit a Design Review application for the site to the Design Review
Board for review and approval prior to the issuance of any building permits.
2.10 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.11 The Applicant's property shall be annexed into the Eagle Sewer District's service boundaries
and shall comply with all applicable Eagle Sewer District's regulations and conditions prior
to the issuance of a building permit for this site.
2. 12 Direct access from the site to State Highway 55 is prohibited.
ARTICLE III
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 67-6511A 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 shall be entitled to recover all direct out-of-pocket costs so
Page 3 of7
K:\Planning DeptlEagle ApplieationslRZ&A \2004IRZ-15-04 da ee tinal new owner version.doe
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
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 ofthe 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 VII
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 ofIdaho 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
Page 4 of 7
K:\Planning DeptlEagle ApplieatinnslRZ&A\2004IRZ-15-O4 da ee final new owner version.doe
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 ofthe 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 Reoresentation. 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
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:
Hill Road 1530, LLC
First American Exchange Company, LLC, Managing Member
211 W. State Street
Boise, ID 83702
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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 upon the signing and
execution of this agreement by all parties.
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~ day ofJl1/J¿.. ,2005.
Page 5 of 7
K:\Planning DeptlEagle ApplieationslRZ&A\2004IRZ-15-O4 da ee final new owner versinn.doc
DATED this Z1J day of ~UvtJ2-.
,2005.
ATTEST:
~ () +-" \¿~.{~~
Sharort K. Bergmalln, ity Clerk
Hill Road 1530, LLC
First erican Exchange Company, LLC
By: d.
-------------------------------------------------------------
. r ill
I I :
lit .-~ ) ~ -
Roöert Drake, Developer
By:
STATE OF IDAHO)
: ss.
County of Ada)
On this ~ day of J<.L/I.e , 2005, before the undersigned notary public in and
for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be
the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf
of said City and acknowledged to me that said City executed the same.
STATE OF IDAHO)
: ss.
County of Ada)
Page 6 of7
K:IPlanning Dep'lEagle ApplìcationslRZ&A \2004IRZ-15-04 da ee final new owner version.doe
On this 1Q day of -.J U I-.X , 2005, before the undersigned notary public in and
for the said state, personally appeared SHARON L. WOLFE, SENIOR VICE PRESIDENT,
FIRST AMERICAN EXCHANGE COMPANY, LLC known or identified to me to be the
MANAGING MEMBER of the property referenced herein and the person(s) who executed the
foregoing instrument.
.' -.
IN WITNESS WHEREOF, I have hereunto set my' hâhd and seal the day and year first
above written. 111'."""""', -
"... ~ \\ ,- ",
I~~\-'."'-'. ,-'--.
.... .".
. .
.. 1--.\ '-'~}\
. . .
: : -.- :
- e . I
';. e.. ' ; \ \ '- ..
~ oJ' '. .. <:)
STATE OF IDAHO)':.--./¡ ;"'.".....t-~
-. li OF \\)
: ss.
County of Ada)
On this ~ day of ,] (J¡\J ,2005, before the undersigned notary public in and
for the said state, personally appeared ROBERT DRAKE, known or identified to me to be the
DEVELOPER of the property referenced herein and the person(s) who executed the foregoing
instrument.
Page 7 of 7
K:\Planning DeptlEagle Applieations'RZ&A\2004IRZ-15-04 da ee final new owner version-doc
d'
~
N88'4&'~." (IIES1' n28.H (2318.0)
~
I
I
I
I
I
I
I
I
I
, ~
I-"~n, ~~ i
I é:J -¡oJ :r.
. ""J~
I -ov.:>
I '
x
~
6
u
'\\~
...
..
OS"l n7,28
~
\~
IIU"J. 328.2. ,
t$3"S3'" :>",.-
t;\
Ið.
8
N
:I:
t-
::>
0
..,
S88'10'W U3.4
p..t,y.~r, ~~~'\ ,:»1 .
~J
III
..
.
.
N
~I
0
z.
\\\J
v
~
III
III
..
N
...
,,-111
----
,..
0
,.,
OJ
ID
III
;¡
Of
x
...
cr.
i ~
II
.
fI
X
t-
ã
\G¥
II
.
.
; ~
~
lot
OS"I, i~.O .US"I 185.03
..;:>
7-
-
--
.
~
-
-,'
,...
\
-
a
VI
:ï'
-
~
I 1
~
,7{'
\"
, Ar1A' COUNTY ASSESSOR'S OFFICE
BOISE, IDAHO'
.Redr",wn ß1 0.5- ! 2/;¿.
_..t.~
¡r ,
EXHIBIT "A"
FOX Land Surveys, Inc.
4696 Overland Rd. STE 162/1 Boise Idaho /183705 A 208-342-7957 /1208-342-7437 FAX
MOSELL EQUITIES REZONE DESCRIPTION
A PORTION OF THE SOUTHEAST 11. OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
A portion of the Southeast ~ of Section 10, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the found Axle marking the Southeast Corner of said Section 10, from
which the found Aluminum Cap Monument marking the Northeast Corner thereof bears
North 01°15'56" East, a distance of 5,272.26 feet;
thence along the Southerly boundary of said Section 10, North 89°42'26" West, a distance
of 790.13 feet to the Southeast comer of Parcel II as described in Instrument Number
2011000617, the TRUE POINT OF BEGINNING;
thence continuing along saig Southerly boundary, North 89°42'26" West, a distance of
536,57 feet to the East 1/16 Comer common to Sections 10 and 15;
thence continuing along said boundary, North 89°43'07" West, a distance of 58.64 feet the
beginning of a non-tangent curve to the right on the center line of State Highway No. 55;
thence along said center line and non-tangent curve to the right, having a length of 272.50
feet, a radius of 57,295.78 feet, a central angle of 00°16'21", tangents of 136.28 feet, and a
long chord which bears North 00°59'07" East, a distance of 272.50 feet to its intersection
with the Westerly prolongation of the Northerly boundary of Parcel III as described in
Instrument Number 2011000617;
thence along the Northerly boundary of Parcel III as described in Instrument Number
2011000617 and the Westerly prolongation thereof, South 84°09'02" East, a distance of
269.35 feet to the Northeast corner thereof, marked by a found % inch rebar with plastic
cap stamped "PLS 4108";
thence along the Westerly boundary of Parcel II as described in Instrument Number
2011000617 and the Northerly prolongation thereof, North 00°17'19" East, a distance of
248.62 feet more or less, to a point on the center line of Hill Road";
thence along said center line South 69°24'07" East, a distance of 352,28 feet more or less,
to its intersection with the Northerly prolongation of the Easterly boundary of Parcels I and
II as described in Instrument Number 2011000617;
thence along said prolongation and Easterly boundary, South 01°17'59" West, a distance
of 372.87 feet to the TRUE POINT OF BEGINNING,
Containing 212,184 square feet (4.871 acres), more or less.
Subject to existing easements and rights-of-way as any may exist, of re
record.
Timothy J. Fox, PLS 7612
END OF DESCRIPTION
-
"."." .
j:~j.~j. ,
.......
[
o.
Streets
-INTERSTATE
-PRINCIPAL ARTERIA
-MINOR ARTERIAL
---- MAJOR COLLECTOR
LOCAL
RAILROAD
- All Others
Hydro Areas
Parcels
Ada County City Limits
Boise
Eagle
Garden City
Kuna
Meridian
IStar
da County
r:XHIBiT "B"
'-':;-""...""=- ,---
RECEIVED & FII..GO
CITY OF EAGLE
SCALE 1 : 18,541
VIGIN \T'1' MA-r
r-" "'"" .., I I I
1,000 0 1,000 2,000 3,000
FEET
http://mgb,rtidaho.com/ada.mwf
Saturday, December 04, 2004 2:05 PM
-~--
; r J !,;'{'ió"f~ ""-~~~:/-/ /" /
-=~~:-_===-~:::~:::~=:=.¿~-.~_.~- -=~~' '.. -=~:~~> .
----S-1AlEI:UGI::IWA Y 55
..a
'.~~---"'"
0)
~ 0 ~'Ï
~O
;Z
~o
'1m
ìJ
-I
C
.»
,
(fJ
,:::¡
m
ìJ
"
»
Z
~'/~\"""'..'
I. -'
/ ¡ ,//~
/ ,1 { . '¡
/ ;/ /1 :!1 /
0 -'
c: ~
¡¡j
~
0 I' ~\\
,\1
/, I',
( ! / I:
,
m
~. Fri
0 Ô
~~~~~~
oo~~'-j
~~~~ m
~¡~~ 0
~~~~ »
] > -I
~~ ~»
i"~~~~I'
~ ~ ! ..
~~ ~
"
!c
n ~ n "12
~>~.o
"~~~.
~.g~
n~~~
~¡;~8
8m~~
"Ö~.
~~~~
d~
~~~
~,,~
g~~
~~~
~r
n
Pl
n
<::)
c.o
0
(f)
I
--'"
~ð
~~
~~
g
~
~
~ ~ ~ ~II! II ! !, ~~ r~~~~,~;;,::'.~oUP. INc.~IL~-RO~D SELF STORAGE--',
~c ~"""."""E"""_", I
'" ~ I I a ......- :~;~; ~::':;:7~,;"'- «.,.m", REZONE APPLICATION '
g¡ :!:;:<: >¡; >¡; ~ ..... ;.~.;';~"'~..;:;:.:;';;." I
';: ..! I JJ JJ " ~ '::.:,i:;:".;:"::::,:""~"""" , I EAGLE, IDAHO
~' . L--~--~--~- --------~-~ --
I ,
~
~
~
~
a
~
<::)
<::)
-t:-
!
m
><
::I:
OJ
-i
\
\
'-.~
r::!
3J
OlD;!
-0
~m
oW¡:¡
"'"0
~go
Q""1fi1
r ¡¡:= ,
fflil'n:
OJ
RECE:IVED &-Ff[
CITY OF EAGLE
-111-
- - --- --------_u-
-.-~iIe: ~/~ 2 5 2005
Route to:
,,'
l "
.
\
'?t) ",
'Ø~:O< !>I:?I-Jl
/
I
Q~"'r-'"
f-~,"<;,
~Jxj
9FL--rï'~;~
em1
\\ /1
EXHIBiT D-1
3"P~~ -~ .. t~)~¡jc - .-- - u_- -- -- ---. .<;~~s--- -.
byron lee smith architect, p.c.
650 east cougar drlve meridian Idaho B3642 208 375 <4850
lax 208 884 4733
ronegoWOcableone.net
~
ii
::¡
I,
t::j
I
N::;.
-
-
-
i'~ '
i I i I
§j ~,
1- 'Ð
II.CD Cl
i: i
~3
t -.
j~
iò
~ ð::T
tifi ~
;$
C"
'<
a
!§::J
1-
!II. CD
~CD
!!(Þ
~3
ig
~Q)
~a
5":J"
iæ:
~~~
~
\
~ $ C
4:'( ,
¡ II
t:
~
:¡
.-
.
1
~
~
'I
~
, ~
, ~
,,- ~
:Jol-eJ,ð.. t
~ -------~ t
~
I i-
0..
:f
~
it
I Ó:
~
~
J
: 1
It ~ ~.)..
~='I ~