Development Agreement - 2006 - Kathleen Estates - 9/5/2006
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/28/06 01 :52 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT
.00
9
1111111111111111111111111111111111111
106154822
City of Eagle
660 E. Civic Lane
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 Capital Development, Inc. and Tom Ricks. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 325 N.
Park Lane, 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-04-06; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT (Rural Urban Transition-Ada County designation); and
WHEREAS, the Applicant desires an R-3-DA (Residential-three units per acre maximum
with a development agreement) zoning classification to develop a thirty-five (35) lot residential
subdivision 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 allowing an R-3-DA 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, the existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant'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
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WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a R-3-DA (Residential-
three units per acre maximum with a development agreement) zoning designation for the Property
with the requirements set forth in this Development Agreement; and
WHEREAS, the Applicant 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)(I); and
WHEREFORE, the Applicant 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 of the application to an R-3-DA (Residential-three units per acre maximum
with a 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 The maximum overall density of the property shall not exceed 2.76 units per acre.
2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along N. Park Lane and the interior streets to
be landscaped prior to the City of Eagle signing the final plat.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
a design review application is made, including compliance with all of the conditions as
provided within this development agreement.
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2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating
that the property has been annexed into the Eagle Sewer District's service boundaries prior to
submittal of the final plat. A letter of approval shall be provided to the City from the Eagle
Sewer District.
2.6 A License Agreement from Drainage District No.2 shall be provided for all improvements
within the Drainage District No.2 easement prior to the City Clerk signing the final plat.
2.7 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the
City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal
of said structures and approval permits for the removal of the existing well and septic.
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
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 Ifrequired to proceed in a court oflaw 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) zoning designation unless the portion ofthis
instrument determined to be invalid or unenforceable is re-negotiated in good faith between the
Applicant (or other appropriate party) and Eagle as an amendment to the Development
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Agreement processed in accordance with the notice and hearing provisions ofIdaho 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 Applicant. Each commitment and restriction on the
development shall be a burden on the Property, shaH 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 shaH 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 shaH 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 aH 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 shaH 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 shaH 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 shaH be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant 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.
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K:\Planning DeptlEagle ApplicationslSUBS\2006\Kathleen Estates da" "';'0" fieo'do,
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
660 E. Civic Lane
Eagle, Idaho 83616
Owners:
Capital Development, Inc.
6200 N. Meeker Place
Boise, Idaho 83713
Tom Ricks
1560 N. Park Lane
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 shaH be effective upon the signing and
execution of this agreement by both 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 5.;1. day Of~, 2006.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
B~-
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K:\Planning DeptlEagle ApplicationslSUBSI2006\Kathleen Estates da" ""'0" fi,,,' do,
ATTEST:
A~ (-+<, - ~ A1/1\~
Shar6'n K. B~~mann.S~ity lerk
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STATE OF IDAHO )
: ss.
By: ~~
Tom Ricks I
County of Ada)
On this..5~ day Of~nJ:uJ, 2006, before the undersigned notary public in and for
the said state, personaHy appe red NANCY C. MERRILL, known or tdentlfied 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
STATE OF IDAHO )
: ss.
N~~
Residing at: t(;t14vil (
My Commission Expires: l.R {30/ /d,
r
County of Ada)
On this -.2.L day of A1?:U--5t ,2006, before the undersigned notary public in and for
the said state, personally appeare Ramon Y orgason, PresIdent, Capital Development, Inc.,
known or identified to me to be the owner of the property referenced herein and the person who
executed the foregoing instrument.
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K:IPlanning DeptlEagle ApplicationslSUBS\20061Kathleen Estates da" ""'00 fieo' doc
~ClI1{..GL.\.(L n JCiM-LV
Notary Public for Idaho
Residing at: .YvLe.Iu.a..u:4\ / , IJ (lcJLo
My Commission Expires: ~jJj- 1. dOloL
STATE OF IDAHO )
: ss.
County of Ada)
On this ~ day of Au---1f-<--s t , 2006, before the undersigned notary public in and for
the said state, personally appearecfrom RICks, known or Identified to me to be the owners of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
0a~lU-~ n J~
Notary Public for Idaho ,
Residing at: fVl..vv.c.Lca..4V) Jd..o....Ao
My Commission Expires: august 7, .;JOI.;L
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K:\Planning Dept\Eagle ApplicationslSUBS\20061Kathleen Estates da" ",,10" 'm,' d~
Engineering North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704
EXHIBIT "A"
Project No. 05-026-01
Date: ApR~rum&-FILED
CITY OF EAGLE
KATHLEEN ESTATES
REZONE DESCRIPTION
APR 0 5 2006
File:
Route to:
A parcel of land located in the SE 1/4 of the NW 1/4 of Section 12, T. 4 N., R. 1 W., B.M.,
Ada County, Idaho, more particularly described as follows:
Commencing at the 1/4 section comer common to Sections 1 and 12 of said
T. 4 N., R. 1 W.;
Thence South 00032'05" West, 2640.29 feet on the north-south mid-section line of said
Section 12 to the Center 1/4 section comer of said Section 12, said point being the REAL POINT
OF BEGINNING;
Thence North 89020'24" West, 1322.39 feet on the east-west mid-section line of said
Section 12 to the center-west 1/16 th section corner of said Section 12, said point also being the
southeast corner of Senora Creek Subdivision, as same is shown on the Plat thereof recorded in
Book 92 of Plats at Page 10898 of Ada County Records;
Thence North 00038'06" East, 329.44 feet on the north-south 1/16 th section line of the
NW 1/4 of said Section 12 and the easterly boundary line of said Senora Creek Subdivision;
Thence leaving said line, South 89018'11" East, 1321.82 feet to a point on the north-south
mid-section line of said Section 12;
Thence South 00032'05" West, 328.59 feet on said north-south mid-section line to the real point of
beginning. Said parcel contains 9.99 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Kathleen Estates Rezone Dose.doc
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