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Development Agreement - 2005 - Beverly Gross/2139 N. Edgewood Rd - 12/12/2005 Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 02116/06 01:35 PM DEPUTY Pani Thompson 1111111111111111111111111111111111111 RECORDED - REQUEST OF 106024895 City 01 Eagle _ I re-f'ecoTU F or Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date indicated herein by and between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and through its Mayor, and Beverly Gross. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 2139 North Edgewood Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-16-05; and WHEREAS, the proposed development includes property within an area currently zoned A-R (Agricultural-Residential District); and WHEREAS, the Owner desires an R-2-DA (Residential Two with Development Agreement) zoning classification to develop a single family residential development on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope ofthe proposed use upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of 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 Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to an R-2-DA (Residential Page 1 of6 RZ-16-05 da cc version Two with Development Agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the 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)(l); and WHEREFORE, the 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 amending the Eagle Zoning Ordinance to rezone the property that is the subject ofthe application to an R-2-DA (Residential Two 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 Within 180 days of the date ofthis 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 Parcel B shall be limited to one story and shall conform to Eagle City Code." ARTICLE III AFFIDAVIT 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 Page 2 of6 RZ-16-05 <fa cc version DEFAULT 4.1 In the event the Owner 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 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 revert to the A-R (Agricultural - Residential District) zoning designation unless the portion ofthis instrument determined to be invalid or unenforceable is re-negotiated in good faith between the 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 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 propeny near the Property and shall run with the land. This Development Agreement shall be binding on the Owner 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 ofthe 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 Page 3 of6 RZ-16-05 da cc version 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 dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State ofIdaho 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 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 Owner: Beverly Gross 2139 Edgewood Road Eagle, Idaho 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 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 both parties. Page 4 of6 RZ-16-05 da cc version 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after I-year after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this K day of[)e('~2005. CITY OF EAGLE, a municipal corporation organized d existing under the laws of the State of Idaho i I.. ~ I.",.......",' DATED this ~ay ofj)('(, '''~ 2005. ~~~/ STATE OF IDAHO ) : ss. County of Ada) On this ! ~ Vday of D-PClLi'VLbvf, 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 executcd the same. IN WITNESS WHEREOF, I have hcreunto set my hand and seal the day and ycar first above written. ""U'II'", ", 't, ..~ -;!', " ...4. .', ......... 0> .......... (; ~ ''''... ! f..... ..- .~<~ "/ /" ''';. : ~.. ~ v ".... "~~, --;. :0: t::::, ~- '0';": .0..,-.. ~ -.l.- =::: f-4,n -.. ::.:....: .. I. 0 .....J 0:...)" ~ (:!A, e. d, rI .0), : ~ v..... i--'" ....... . ."'.,./ ~ "", </, _.. ..o~ ~' ....... #', J ........ '\ " ...... ;, ..u ~..... 'II, ~ ",,, I"......,.' ~ ~~YV Notary ublic for Idaho I 1 Residing at: 1\ \eXl OA ({.,L" I ~ Page 5 of 6 t' Lt> - ~ / '21P! Dc;, RZ-16-05 da cc version STATE OF IDAHO ) : ss. My Commission Expires: County of Ada) On this ~day of /J)eflfJ/J?f-f0. 2005, bcfore the undersigncd notary public in and for the said state, personally appeared BEVERLY GROSS, known or identified to mc to be thc owner ofthc property refcrenced hcrein and the per~ s who executcd the foregoing instrument. IN WITNESS WHEREOF, I have hcr above written. ",," .,..,., ......,' \\. S T I? ...... ~.. ~~ ......... / '" ,..:" ~ ,.., . e. '1.;. ~ ~~~... . L._ .. -J. . " _.- = :. ~OT.<lb "7~ = ~)--~~: : * ! ~... : : . . p -: ~ <1',... (; B L\ C J.. $ ,. ~ . .-.. ~"'1.. .- ~ "'''' /'1:......... "(-. 0 ,~ ".... 0 F I D '" ,..... 11'".......",,' Page 6 of6 RZ-16-05 da cc version I t::,d..EY'S LAND SURVEYING 2501 Bogus Ba5", dd. . Boise, Idaho 83702 (208) 385-0636 Fax (20~) 385-0696 EXHIBIT "A" RECEIVED & FILED UT! 'JF r:AGLE Project No.: 2042 Date: June 11, 2004 DESCRIPTION FOR BEVERLY GROSS PARCEL "B" ALj 1 1 2\105 \ \' ". _u____ \ Route to: I A parcel of land being a portion of Lot 6, Block 3 of Rocket Bar Subdivision as filed for record in Book 26 of Plats at Page 1636 in the Office of the Ada County Recorder and situated in the NE 1/4 of Section 4, T.4N., R.1E., B.M., Ada County, Idaho as shown on Record of Survey No. , on file under Instrument No. in the Office of the Ada County Recorder and more particularly described as follows: COMMENCING at the Southeast Corner NE 1/4 (East 1/4 Corner) of said Section 4 marked by a brass cap; Thence along the South Line of said NE 1/4, North 89008'50" West, 25.00 feet to the Southeast Corner of said Lot 6 marked by an iron pin, the POINT OF BEGINNING:; Thence along the South Line of said Lot 6, North 89008'50" West, 237.93 feet to a point on the Centerline of the Farmers Union Canal; Thence along said Centerline along a non-tangent curve to the right having a radius of 341.93 feet, a central angle of 04016'00', a length of 25.46 feet and a long chord bears, North 40001'31" East, 25.46 feet to a point; Thence continuing along a non- tangent compound curve to the right having a radius of 534.35 feet, a central angle of 0304R'03", a length of 35.45 feet and a long chord bears, North 41040'38" East, 35.44 feet tc ~ point; Thence continuing, North 44058'56" East, 105.75 feet to a point; Thence continuing along a non- tangent curve to the right having a radius of 273.13 feet, a central angle of 30051 '31, a length of 147_10 feet and a long chord bears, North 57057'44" East, 145,33 feet to a point on the East Line of said Lot 6; Thence leaving said Centerline along the East Line of said Lot 6, South 00000'11" East, 201.40 feet to the POINT OF BEGINNING: Said Parcel Contains 0.65 Acres, more or less. Parcel B.doc - Ihk