Minutes - 2005 - City Council - 10/25/2005 - Regular
v
EAGLE CITY COUNCIL
Minutes
October 25, 2005
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Geneva Trent will review the grant application that the Historical Commission is attempting
to submit. Geneva Trent provides the Council an overview of the grant application. Discussion
on the budget. Our original budget request was for $5,000 but we were informed that Eagle's
share of the grant funds would be $3,000. This is a matching grant. The Historic Commission
will need to contribute the matching funds of$3,000. General discussion.
City Engineer Report: Vern Brewer, Holladay Engineering: Tomorrow is a meeting at 10:00
a.m. at the Ada County Landfill to discuss the water storage facility. It would be helpful to have
legal representation at that meeting. General discussion.
We had a pre-conference meeting with ID WR in regards to Legacy. You will get a copy of all of
the information.
Discussion on the Brookwood well.
City Attorney Report: Discussion on the new City Hall property and clearing the title to the
property. We are trying to get a license agreement with Drainage District #2. General
discussion.
Discussion on the proposed new contract for Moore, Smith, Buxton and Turcke.
Discussion on the miscellaneous water issues.
Discussion on the need to amend the agenda and add an Executive Session.
City Clerk/Treasurer Report: CSHQA presented Hill Road Park design to the Parks and Pathway
Committee last Wednesday night. The Committee moved to recommend the plan as proposed.
The Committee recommended the addition of the polyurethane surface for the playground area.
This surface will cost an additional $75,000. Discussion on the type of polyurethane surface and
the cost. City Clerk will meet with Jim Murray and go over budget figures to come up with the
additional $75,000.
Today was the last day for declaration of a write-in candidates for the Council positions and no
one filed.
I had an e-mail from John Lodman and the asphalt at the new city hall will be in before
Thanksgiving.
I distributed a copy of the Press Release in regards to the Leaf Recycling Program. General
discussion.
Mayor and Council's Report:
Sedlacek: Discusses the Sewer's District new facility plan.
This is Last Thursday for the Chamber of Commerce.
The Chamber auction is this Thursday at Musick Auction.
Bastian: Design Review will meet this Thursday.
Discussion on Department of Corrections - Juvenile Corrections. Most juvenile offenders are
suffering from mental health issues. Some mental health issues are attributed to drugs and
alcohol. The suggestion has been to have a youth court. General discussion.
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Nordstrom: No report.
Mayor: Reports on the meeting with ITD Study Group that was held today. We discussed
transportation on our corridors. General discussion.
Zoning Administrator's Report: Moved to end of Agenda.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:35 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Guerber is absent. A
quorum is present.
3. PLEDGE OF ALLEGIANCE
Sedlacek moves to amend the agenda: Change Item #9A to be Resolution No. 05-21 and
move the rest of items down; Item #10B Resolution No. 05-22; and Item #11 to be Executive
Session for the Acquisition of Private Property and Item #12. Adjournment. Seconded by
Bastian. ALL AYES: MOTION CARRIES.......................
4. PUBLIC COMMENT: Milton Hengel, Eagle Ranch Townhouse Association Board of
Directors. Distributes an October 14, 2003 letter to the Mayor and discusses the same.
Discusses the areas that are owned by the City of Eagle, including the sidewalks. We had a title
search by the National Title Insurance Company. Discussion on the walkway and the safety
issues. The new fence that is being built is being built on the easement.
General discussion.
Council concurs to have Staff and Legal Council look into this matter and report back to the City
Council at their next meeting on November 9, 2005.
Ron Marshall, discusses the fence, the pathway, and the trees. Discussion on the City granting
Eagle Ranch Townhouses a perpetual easement. We don't want to maintain the pathway, we will
maintain everything else. General discussion.
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. DR-35-05 - Multi-tenant Office Buildinl! within Rockv Mountain Business
Park No. 3 - Dave Evans Construction: Dave Evans Construction,
represented by Travis Burrows, is requesting design review approval to construct
a 2,500-square foot multi-tenant office building. The site is located on the south
side of East Iron Eagle Drive approximately 330-feet east of South Fitness Place
on Lot 5, Block 1, of Rocky Mountain Business Park No.3, on East Iron Eagle
Drive. (WEV)
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C. DR-39-05 - Multi-tenant Office Buildinl! within Rocky Mountain Business
Park No. 3 - Dave Evans Construction: Dave Evans Construction,
represented by Travis Burrows, is requesting design review approval to construct
a 4,340-square foot multi-tenant office building. The site is located on the south
side of East Iron Eagle Drive approximately 330-feet east of South Fitness Place
on Lot 7, Block 1, of Rocky Mountain Business Park No.3, on East Iron Eagle
Drive. (WEV)
D. DR-41-05 - Multi-tenant Office Buildinl! within Rocky Mountain Business
Park No. 3 - Dave Evans Construction: Dave Evans Construction,
represented by Travis Burrows, is requesting design review approval to construct
a 4,200-square foot multi-tenant office building. The site is located on the south
side of East Iron Eagle Drive approximately 330-feet east of South Fitness Place
on Lot 9, Block 1, of Rocky Mountain Business Park No.3, on East Iron Eagle
Drive. (WEV)
E. DR-43-05 - Multi-tenant Office Buildinl! within Rocky Mountain Business
Park No. 3 - Dave Evans Construction: Dave Evans Construction,
represented by Travis Burrows, is requesting design review approval to construct
a 5,700-square foot multi-tenant office building, which includes 1,800-square
feet to be used as medicaUdental office. The site is located on the south side of
East Iron Eagle Drive approximately 330-feet east of South Fitness Place on Lot
10, Block 1, of Rocky Mountain Business Park No.3, on East Iron Eagle Drive.
(WEV)
F. DR-75-05 - Multi-tenant Office Buildinl! within HilIcreek Business Park -
Juli Vanwyk: Juli Vanwyk, represented by Bruce Poe with Cole Poe
Architects, is requesting design review approval to construct a 3,200-square
multi-tenant office building. The site is located on the north side of East State
Street within HilIcreek Business Park on Lot 2, Block 1, HilIcreek Business
Park. (WEV)
G. Board of Vallev Rel!ional Transit appointment: The Mayor is requesting
Council confirmation of Jim Brooks to be appointed as Eagle's representative
Board member to Valley Regional Transit. (NM)
H. Findinl!s of Fact and Conclusions of Law for A-I0-05 & RZ-14-05 -
Annexation and Rezone From RUT to PS - City of Eal!le: The City of Eagle,
represented by William E. Vaughan, is requesting an annexation and rezone from
RUT (Rural Urban Transition) to PS (Public Semi-Public) for the Eagle/Ada
Sport Complex. The +/- 80-acre site is generally located on the northeast corner
of the Floating Feather Road and Horseshoe Bend Road intersection at 3151
Goose Creek Road. (WEV)
Bastian moves to approve the Consent Agenda. Seconded by Nordstrom. Discussion.
Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES.................... .
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. A-ll-05 & RZ-15-05 - Annexation and Rezone From RUT to R-E - Dustin Simpson:
Dustin Simpson, represented by Angela Cornish and Doug Bergey with Associated Land
Surveyors, is requesting annexation and rezone from RUT (Rural Urban Transition) to R-E
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(Residential Estates). The 5-acre site is located on Tabasco Trail approximately 800-feet east of
Park Lane at 3664 Tabasco Trail. (WEV)
Mayor introduces the issues.
Dustin Simpson, representing the applicants, this started as a subdivision and now we wish an
annexation and rezone.
Zoning Administrator Vaughan: Displays an overhead of the location of the site and provides
Council an overview of the annexation and rezone. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General discussion.
Sedlacek moves to approve A-ll-05 & RZ-15-05 - Annexation and Rezone From RUT to R-
E. Seconded by Nordstrom. ALL AYES: MOTION CARRIES...................
B. PP/FP-03-05 - Esperanza Estates - Dustin Simpson: Dustin Simpson, represented by
Angela Cornish and Doug Bergey with Associated Land Surveyors, is requesting combined
preliminary/final plat approval for Esperanza Estates (a re-subdivision of Lot 2, Block I,
Tabasco Subdivision). The 5-acre, 2-lot subdivision is located on Tabasco Trail approximately
800-feet east of Park Lane at 3664 Tabasco Trail. (WEV)
Mayor introduces the issues. The application has requested that this item be withdrawn.
Sedlacek moves to withdraw PP/FP-03-05 - Esperanza Estates. Seconded by Nordstrom.
Discussion. ALL AYES: MOTION CARRIES........................
C. RZ-16-05 - Rezone With Development Al!reement From A-R To R-2-DA - BeverIv
Gross: Beverly Gross, represented by Charlene Quade with Richard Cummins Law Offices, is
requesting approval of a rezone from A-R (Agricultural- Residential) to R-2-DA (Residential-two
units per acre) with development agreement. The .65 acre site is located in the southeast corner
of Lot 6, Block 3, of Rocket Bar Subdivision at 2139 North Edgewood Road. (WEV)
Mayor introduces the issue.
Mayor swears in Charlene Quade.
Charlene Quade, an attorney representing the applicant, displays an overhead of the site and
provides Council an overview of the application. General discussion.
Kirk Hanson, ACHD, discusses ACHD vacation process.
City Attorney Buxton: Discussion on the procedure for a lot line adjustment.
Mayor Opens the Public Hearing
Zoning Administrator Vaughan: Distributes proposed language to be inserted in the
Development Agreement. Provides Council an overview of the application.
General discussion on the application.
Mayor swears Greg Hartley.
Greg Hartley, I'm the property owner directly behind here in Brookwood. We are now building
our home and we thought we had a rim lot. Discussion on the location of this property and the
lot line adjustment. I would like to see some type of a constriction be put on this property so as
to not obstruct my view.
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Mayor swears in Dave ElIege.
Dave Ellege, 2095 N. Greenview, I want to buy this piece of property to expand my back yard.
do not plan on putting a condo on this property, probably a pool. General discussion.
General discussion on height issues and what type of structure can be built on this property.
Mayor swears in Teresa Banks.
Teresa Banks, President of Lexington Hills Homeowner's Association. The Association just
wants to know how the property owner is going to water this property.
City Attorney Buxton: Explains how this property and irrigation issues would fall under the
CC&R's of the Lexington Hills Homeowner's Association. This is not something that would
involve the City. General discussion.
Charlene Quade: Discusses the water rights associated with this property. Farmer's Union Canal
does not provide water rights above the rim.
General Council discussion.
Bastian moves to approve RZ-16-05 - Rezone With Development Agreement From A-R To
R-2-DA, rezone from A-R (Agricultural- Residential) to R-2-DA (Residential-two units per
acre), with a Development Agreement and the motion includes that the Council direct Staff
in this instance to make a Lot Line Adjustment because ofthe unique conditions of
topography and amend the Development Agreement: 2.1 to insert: Within 180 days of the
date of this agreement the applicant shall: (a) record a City approved lot line adjustment
with the Ada County Recorders Office that generally incorporates "Parcel B" (as identified
on Exhibit A) into Lot 5, Block 1, Lexington on the Rim; (b) vacate a minimum of 105 feet
of the southern most portion of the ACHD Edgewood Road right of way; and (c) said right
of way shall be vacated prior to the City Clerk signing the lot line adjustment record of
survey. If these steps cannot be completed within the 180 period, Applicant may request a
180 day extension from the Zoning Administrator. No further extension may be granted
and this Development Agreement shall be null and void. 2.2. Any building placed upon
this lot shall be limited to a one story and conform to Eagle City Code. Seconded by
Sedlacek. Discussion. TWO AYES: ONE NAY: MOTION CARRIES...............
Mayor: In regards to Item #IOA is this item going to be withdrawn.
Charlene Quade: with the approval ofthe Lot Line Adjustment we withdraw the Lot Split
Application.
9. UNFINISHED BUSINESS:
A. First Amendment to Office Lease with Hawkins Smith.
Mayor introduces the issue.
Nordstrom moves to approve the First Amendment to Office Lease with Hawkins Smith as
presented. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL
AYES: MOTION CARRIES....................
Amanda Schaus, Legal Council for Hawkins Smith, provides Council an update on the progress
of the new city hall building. They are about three weeks behind which will put the final
building completion the end of March. General discussion.
B. Consideration of Cooperative Al!reement between Vallev Rel!ional Transit & the City of
Eal!le for annual dues and service contribution FY 2005/2006. (NM)This item was continued
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from the October 18,2005 meeting. KelJi Fairless is unable to attend tonight's meeting and thus
staff is requesting this item be continued to the November 15,2005 meeting.
Mayor introduces the issue. This item needs to be continued as Kelli Fairless was unable to
attend the meeting tonight.
Bastian moves to continue Consideration of Cooperative Agreement between Valley
Regional Transit & the City of Eagle for annual dues and service contribution FY
2005/2006 to the November 15,2005 City Council meeting. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES.......................
C. Review and approval of proposed l!rant application for the Historical Preservation
Commission to conduct a reconnaissance survev of historic farm buildinl!s around Eal!le.
This item was continuedfrom the October 18,2005 meeting. (SKB)
Mayor introduces the issue.
Sedlacek moves to approve the Review and approval of proposed grant application for the
Historical Preservation Commission to conduct a reconnaissance survey of historic farm
buildings around Eagle and authorize the Mayor to sign the grant application with Eagle's
allocation not to exceed $3,000. Seconded by Bastian. Discussion. Bastian: AYE;
Sedlacek: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...............
C. Transportation Improvement Prol!ram recommendations: This item was continuedfrom
the October 18,2005 meeting. (WEV)
Mayor introduces the issue.
Bastian moves to approve the Transportation Improvement Program recommendations
and ACHD's 5 Year Work Program as presented this evening. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES.......................
D. Appointment to Desil!n Review Board: The Mayor is requesting that this item be tabled
until further interviews have been conducted. This item was continuedfrom the October 18,2005
meeting.
Mayor introduces the issue.
Sedlacek moves to continue this item to such time that the Mayor is ready to make her
recommendations. Seconded by Bastian. ALL AYES: MOTION CARRIES....................
10. NEW BUSINESS:
A. LS-04-05 - Lot Split - Beverlv Gross: Beverly Gross, represented by Charlene Quade with
Richard Cummins Law Offices, is requesting approval of a lot split for the creation of two lots.
The .65 acre site is located in the southeast corner of Lot 6, Block 3, of Rocket Bar Subdivision
at 2139 North Edgewood Road. (WEV)
Mayor introduces the issue. The applicant has requested that this matter be withdrawn.
B. Resolution No. 05 -22. First Amended Al!reement for Lel!al Services.
Mayor introduces the issue.
Bastian moves to approve Resolution 05-22, First Amended Agreement for Legal Services.
Seconded by Sedlacek. ALL AYES: MOTION CARRIES........................
II. Executive Session - Acquisition of Private Property I.e. 67-2345.
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Nordstrom moves to go into Executive Session for the Acquisition of Private Property.
Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYES:
MOTION CARRIES...................
Council goes into Executive Session at 9:00 p.m.
Council discusses acquisition of private property.
Council leaves Executive Session at 9:25 p.m.
Mayor: I talked to Layne Dodson in regards to the e-mail received from Dan Friend and the new
Power Line. There are some changes that Idaho Power is going to make. General discussion.
Zoning Administrator Report: Reports on the Lexington Hill letter in regards to replacement of
the tree on the berm. We are not going to require that the tree be replaced.
Reports on Arbor Ridge in regards to installation of the telephone lines. They do have part of the
roads paved. General discussion. Discussion on the gravel pit.
Further Council discussion.
Discussion on Rembrandt's parking issues.
12. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:40 p.m.
Respectfully submitted:
MCu-..-<.o k p'n, ~~
~ SHARON K. BERGMANN ~r
CITY CLERK/TREASURER
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject: RZ-16-05 - Rezone With Development Agreement From A -R To R -2 -DA —
Beverly Gross:
October 25, 2005 7:30 D.m.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO?,-PRO/CON
NAME
Page 1 t 1
11 \COUNCIL \.AGENDAICCSI(iNL P WPI)
Aft" --c .
NAME
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject: PP/FP-03-05 - Esperanza Estates — Dustin Simpson
October 25, 2005 7:30 p.m.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
11 \COUNCIL\AGENDA\CCSIGNUP WPD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject: A-11-05 & RZ-15-05 - Annexation and Rezone From RUT to R -E —
Dustin Simpson
October 25, 2005 7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:I000NCILIAGENDAICCSIGNUP. WPD
October 14, 2003
Nancy Merrill, Mayor
Eagle City Hall
310 East State Street
Eagle, Idaho 83616
Dear Mayor Merrill,
About a year ago, the Board of Directors for Eagle Ranch Townhouses became concemed about
the deterioration of the walkway used by lots of people, especially Eagle Hills Elementary
children, as shown on the attached plat map as Lot 3, Eagle Ranch Sub #4-A.
We researched the ownership of the property by getting a title report from Pioneer Title Company
and found that Lot 3 is the property of Eagle City.
The attached plat map shows Lot 3 in green and red. We have for about 25 years maintained the
landscaping, added bark and watered the bushes in the green area. The walkway area, in red, is in
very bad shape and may collapse before long. The property owner's fence on the east side is also
in danger of falling onto the walkway.
We have talked with Bill Vaughn and he says it is not a Planning and Zoning item and suggested
we contact you on this matter.
We would like to own the green portion of Lot 3 that we have always maintained. Part of our
driveway is in fact in Lot 3.
While we have occasionally cleaned the weeds and debris from the walkway, we cannot accept
responsibility for the red portion of Lot 3.
We would like to come to some agreement with the city to take ownership of Lot 3 except for the
red portion. Perhaps a permanent easement in our favor would be the least expensive and would
insure that we will always have a driveway and can continue to take care of the landscaping.
The immediate problem is the repairs that need to be made before an accident occurs and injures
a pedestrian. We would like to meet with you as soon as possible to work out a solution that is
beneficial to all parties. You can reach us at PO Box 191, Eagle or call me at 939-0626.
Thank you,
Milton Hengel
Eagle Ranch Townhouse Association Board of Directors.
Cc: Steve Guerber
•
'11,(X31.UOO1,
RESTATEMENT AND AMENDMENT {)1'
COVENANTS , CONDITIONS AND kI'..`;'i'i(1 C'i'lONS
FOR
1:AG1.aE RANCH :-)UJ-31).LV I S I O,N NO. 4-A
EAGLE RANCH SUBDIVISION NO. 4-13
3 LS
Til L:.i RESTATEMENT AND AMENDMENT UV .)r.. LA1iA'1' LOiJ IS l xueuLed
th.Ls day of May, 1979, by the 1111(1C.`La.;1(.1110(. , E.B. Th opert]-('s,
Inc. , an-1daho corporation, 11(:reina l.('_L 1 elerred Lo for convenience
as (aa G].alltorai ) .
I(i:I'I'1'AI,:;:
A. grantor executed d Doclarati(ni o C.oven..111t-;;, Conditions
and RestricLions for Eagle Ranch Subdivision No. 4-A and
Eagle Ranch Stlbdi vi.: -;ion No. 1-13 on 'l I ;,-.f (, 1 �'' -'
hereinaiLer rc'ferl.ed to 10L" convenienc'u als(( 1.11•" Dec laralLion" )
The Declaration was recorded on �/2'2.(„h.- ". _: _-----, 19 71-).
,
as Instrument No. 7811321 in i',(,c�k;'clue , of:
-
the official record:; of Ada County, ! a.;llu.� -
D. Heel arrll. LOII WAS amended by fll(•illl`i of <1 :kl1Jj]] UmCllt.l l Declara-
tion
)i'C1.Elrc7-
tion of Covenants, Concli. 1 .Lu:1S and t:o:. 1 r l c' ionk ionfor Eagle J .0 oh
Subdivision :1o. 'i -A and L ICJJ e Ranch ,.l.Lv I :;J-(111 No. 4-13, w11J.c'h
Supplemental, Doc: l ara I ion S'; dated Aj-.• I I 21, 1 9 / 13, recorded
April 21, 1973, a:; in:;tl uin('nt No. 7820W3.
C. Section 23 nr the )e(:lara, I :J:, 1.! 1'J 1)r0v.1C]a.. , :1
part, that the Declaration may be amended during I he fi SL iSJC'llty
year period by an Instrument signed, and xl01:nowl.v(i(1nd, by Lho
owners of not loss than two-thirds o! the then p1 nl ted 1ot`.;. The
signatures of: the Docl,1ronL 011 this Ii :.1:11.,`lIlonL .-lilc! Amcndlnr'11'. consti
tutcs a ccrtfIf l.cat1on that Lhc Declarant 1 the owner. of ..1 plot
less than two-thirds of Lilo now platted I ci I in Eagle Ranch : ub-
division No. 4-A, <lnd Eagle Ranch SI11,(11.v1 1011 No. 4I-13.
1)_ Since t 11l_` Doclaiation was 1 _:a'((1 lle(1 r lrantor succeeded�111/- J i1C._ j(� t_' L0C lj/��
with and succeeded in persuading the. City or Eagle,a11o, 1 0
accept the recreation Laci-l:i 1.1 (':; coiu I I uct d on loot J, Block 13 /
Eagle Ranch Subdivision No. 4-A rind '.110 drainage pond an(l
facility constructed on 101: 2i, 13loc'i. 6, Eagle Ranch `3ulJui o n
No. 4-13, together with the various w.1l iswilys shown on the plat UL
Eagle Ranch Subdivision No. 4-A and 4-13. Humorous provisions of
the Declaration were addressed t0 as;;urc' the availability o C
recreational facilities to Lhc'" owner -s of platted lots ] n Eagle
Ranch Subdivision No. ], 2, 3, 4-A and 4-13; which pro\Is1or1S are
no longer applicable in ].icillt of the 1.rrpo-sfer 9►'ownership of the
beforement 1. Ana 1 lots and ' l Ll the City of
Eagle, Idaho. TL is the 11051re of the Grantor to amend the
Declaration to bring the document I'.10] e 1 Il1.0 alignment i.gnment wi 1 ll 11 .'
current status of recreational faci I I t I.(' and ]o;- ownership In
Eagle Ranch Subdiv.isl.on No. 4-A and Eagle Ranch Subdivision No. 4-13.
In order to reduce confusion and for 1111 convenience Of all con-
cerned parties, Grantor wishes to 1c1 a1 Lo ealtI ro l y Llio Declaration
as amended herein, such that Lhc within Restatement. and Amendment
shall retain the relative recordation priority date of the original
recorded Declaration which shall remain .in effecL Lo the extent
not amended herein.
RI.•:STATEMENT AND AMENDMENT, Pact 1
SES /,C. ,4M,
The breach of illy Of l.11e:,(. C( ('11(1111.:4, (.:O11(11 1 ions, restrictions, or
any repurchase by r ',i ;on of r1n(•h l,rc',loll, Thal I not defeat or render
inval..id LLle 1.i.on of (ny m0rt 11 1,10 or i1f,<,(; of t.ru:it. irt:lde. in (food faith
for value as to :111y lot: or I u 1 '; or port ions of lots in such premises
but hor'c coven 1111 ( ()Ii(1 i t 1(111:;, 1 ''I \' 11 ltrli':, 11(1 I (' I.I 1 1 1( ,j o; :;11%.111
be binding upon and ellective .I*1 i n:;t ,1n' ::11011 111(1) 1 (ja(j e. oi: t.r ustee
or Owner thereof, ':.'hose. title 1 hel t'1_+) (11' '::hot -ie titlc is or was acquit:,
by foreclosure, trustee's tee sale or 1(l h(: r.'4 10;c_ .
No delay or omission on the part of the (;ro11Lor or the Ownors of
other lots in excel cu 1 nO any rights, power, or remedy herein, pr.o-
vi.dcd, -11 the CV('llt, l) f ;1117 1)1 :•Ich c1 L 1 110 (:Ov( nrlrll_:,, 0on(11 L I ono , or
restrictions herein contained, shall 1 1.)t' construed as a waiver there-
of or OC([ut('_S0ncc therein, 1111(1 110 1 1rf111 Of action shall accrue nor:
shall any action he brought Or: 141a_i.n1 •1 l:.nd l)',' Anyone whatsoever against
the Grantor for or on account. of his f aJ l u re to bring any action on
account of any breach of Lhot;e ccvi'11:I111:(;, 0011(11 1.1.on1 or re -J r ieLi onS
Of: for 111114(1Ir1(1 1 :•l I I('t I('lls 1140('114 ':;11(01 i11.1y E)(' unforceohle 11y
the Grantor.
These covenants, c(indl t Loi s and restrictions are Cumulative, and all
remedies provided herein for breach aro 1n ,lddlt_1.on to any rights and
remedies provided by local or .stats'. 10'41., and not in Lion thereof.
Invalidation of any proVi SJ.oml, .'3C'.11t-c'I1(:�'., or paragraph contained in
the Declaration by judgment_ or cuur t order shall in nowise affect
or invalidate any of the ot7ho1: I1toVi:;i(101, hut_ the same shall be
sand remain in fu l 1 force and effect. In f_111.' event the provisions
of this L}cel drat: i.1)n are declared void 1)y a court by reason of the
period of time hcr:el.n salted for which t_,1(' some shall be effective,
then 1n that event :;uc:h Let 111'4 shall be I i'due('d i_O it pec 1(1(1 or Lime
which :;hall not violate the 1 ule .l',) I11',t ::11:•L'c:f1; ion of 01.1011ation
as set forth in the lows of the State Of [chile.
Approval by a Cit.;.' or count';' governIng board, vested with the re-
sponsibility of reviewing planning and zoning having jurisdiction
over this subdivision, of an application 111,c(le by any Grantee which
is in conflict with any covenants, c:Ondil _._ens or restrictions or:
this Deciarat:l.on sh.1l_1 in nowise .1ffeet or invalidate this 1)eel(lra-
tion, but this Declaration shall rc'll(,111I ,n full force and effect,
and subject to enfol Celflcnt and 1 cr11e(1 i :; for violation het eo f .
SECTION 2 LAND CL,ASSIPICA'1':EONS AND Im1''.I 1'1' 1 ONS :
a. 1,0 t_: A lot ;11,111 ho imy 101 (I :ri1,4'(I 111 111(' 1eeorll(,1 1,1,11 which
is des l 1111.1 L(Id for t r'; ).(h:nt (,,1:110 uc1 .1011 _111c1 .lny I ef(:renc('
to "lot" in these covenants shall be deemed to ripply to
townhouse lots unless 01)e0.1 r le(1 to the contrary, but shall
exclude those portions of :0 I d plot_ which are 1 ( served for
utility sites, common area, (1u(1 recreational parcels
identified more particularly (1.`.i:
1. Utility: Lot 23, Block t:;, and Lot 33D, Block 2, which
are reserved for drainage ponds and Lot 7, 131 tack 4;
f,ol: 23, Block 4; T,ot 3, E11(,c1: 2; and I,ot. 17, 1 1Ock 1,
w111oI1 are reserved for pedestrian (i d non -motorized
vehicular traffic pathways.
2. Recreation: Lot 1 , bloc): 11 is hereby reserved for
recreational facilities to he owned and managed by
the City of Eagle, Idaho.
3. Common Areas.
4. No residential lot shall he d i_v l.ded into Lwo o: more
building sites, except_ ,is [)rovided for in Section 2 (c)
or with prior written permission of Lilo Grantor.
RESTA'1'I;MI'l'I'.L' 11N1) AMENDMENT, Page '1
File No.:
229504
Code Code Reissue Anit. State CU Prop Type
049 11 12 1
Policy No.: Date of Policy: Amt. of Insurance: Premium Amt.
ZII203560 April 1, 2003 at 7:30:00 $10,000.00 $200.00
AM
Old Republic National Title Insurance Company
LITIGATION GUARANTEE
SCHEDULE A
I . Name of Assured:
Eagle Ranch Townhouse Association
AND
Ron Marshall
2. Title to said estate or interest at the date hereof is vested in:
City of Eagle
3. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is:
Fee Simple
4. The land referred to in this Guarantee is situated in the State of Idaho, County of Ada and is
described as follows:
Lot 3, in Block 2 of Eagle Ranch Subdivision No. 4-A, according to the plat thereof filed in Book 44 of
Plats at Pages 3554, 3555 and 3556 records of Ada County, Idaho.
Schedule A page 1 of I page(s)
Old Republic National Title Insurance Company
LITIGATION GUARANTEE
SCHEDULE B
Exceptions
File Number: Date of Policy: Policy Number:
229504 April 1, 2003 at 7:30 AM ZB203560
EXCEPTIONS:
(1) Said real property is presently assessed as exempt from taxation. Any change in the status thereof
either in ownership or otherwise, shall cause a re -assessment of said premises as more fully set forth
in section 63-602Y of the Idaho Code.
(2) Sewerage charges and special assessment powers of the City of Eagle. No special assessments now
show of record.
(3) Liens, levies and assessments of the following sewer district. No. delinquencies appear of record.
District: Eagle Sewer and Water District
(4) Liens and assessments of the following district and the rights and powers thereof as provided by law.
No delinquencies appear in the county recorder's office.
District: Farmers Union Ditch Company
(5) Covenants, conditions, restrictions and easements as set forth on the face of the plat.
(6) Covenants, Conditions, Restrictions and Easements.
Recorded: March 6, 1978 Instrument No.: 7811321
Supplement restrictions to said covenants
Recorded: April 21, 1978 Instrument No.: 7820558
Restatement and amendment to said covenants
Recorded: July 2, 1979 Instrument No.: 7936001
Second restatement and amendment to said covenants
Recorded: February 9, 1981 Instrument No.: 8105493
Amendment to said covenants
Recorded: February 17, 1981 Instrument No.: 8106523
Amendment to said covenants
Recorded: February 17, 1981 Instrument No.: 8106524
Amendment to said covenants
Recorded: December 13, 1982 Instrument No.: 8251549
Amendment to said covenants
Recorded: January 14, 1991 Instrument No.: 9101998
Amendment to said covenants
Recorded: February 12, 1991 Instrument No.: 9107443
Schedule B page 1 of 2 page(s)
PURVE
DATA
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