Development Agreement - 2007 - Overton Acres - 1/19/2007
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02/22/07 01:40 PM
DEPUTY Palli Thompson
RECORDED - REQUEST OF
City of Eag Ie
AMOUNT
.00
8
1111111111111111111111111111111111111
11071025535
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 indicated herein, by and between
the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor. and
William and Wanda Overton. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 6799 N. Locust
Grove Road, Meridian, 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 Number
RZ-18-06; and
WHEREAS, the proposed development includes property within an area currently zoned A-R
(Agricultural-Residential) in the City; and
WHEREAS, the Owner desires an R-I -DA 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 of the 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 a R-I-DA zoning designation for the Propel1y
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- I (C)( I); and
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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 of the application to R-l-DA (Residential 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 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. 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.
2.2 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.
2.3 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.
2.4 Prior to signing of the final plat, the Property 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 the City of
Eagle as a part of the Design Review.
2.5 The Property Owners shall remove all existing structures (with the exception of the residential
dwelling) located on Lot 2, Block I 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 structures.
2.6 Prior to signing of the final plat, the Property Owner shall provide proof of adequate sewer service to
the proposed residential uses. A letter of approval shall be provided to the City from the Idaho
Department of Health, Division of Environmental Quality, and/or Central District Health, prior to the
City Clerk signing the final plat.
ARTICLE III
AFFIDA VIT OF PROPERTY OWNERS
3. I 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 67-651 I A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
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ARTICLE IV
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 an A-R
(Agricultural-Residential District) zoning designation unless the portion of this 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 property 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 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 of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
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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 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
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
William and Wanda Overton
6799 N. Locust Grove Road
Meridian, Idaho 83642
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 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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
1
DATED this I{J day Of~ 200,"
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of he State of Idaho
ATTEST:
~~
BY:~~
William Overton
(Owner)
By: fA JaJJo- ()~.
-
Wanda Overton
(Owner)
STATE OF IDAHO
: ss.
County of Ada )
On this -1!.L day of 'ifff;tW~, 200~, before the undersigned notary public in and for the said
state, personally appeared N CY C. ~ERRILL, known or Identified to me to be the Mayor of the ( Ity
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. 41lfhu ,/! t4du
Notary Public Idaho
Residing at:
My Commission Expires:
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0\,<:1'1"11 A~T':S Ja c:<.: \'t:rsi"11
STATE OF IDAHO
: ss.
County of Ada )
On this J!L day of ~hdVU--L, 200~ before the undersigned notary public in and for the said
state, personally appeared WI lAM Oll'ERTON, known or IdentifIed to me to be the owner 01 the
property referenced herein and the persons who executed the foregoing instrument.
ST A TE OF IDAHO
County of Ada )
1
On this -1..1 day of ~ ,200<<, before the undersigned notary public in and for the said
state, personally appeared W ~TON, known or identified to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
written.
IN WITNESS WHEREOF. I have hereunto set my hand and seal the day and year first above
dltdM-cA_~
Notary Public for Idaho
Residing at: ~ '
My Commission Expires: 3D/I~
(
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RECEIVED & FILED
CITY OF EAGLE
Exhibit "A"
AU:) 2 4 2006
PARCEL DESCRIPTION
August 16, 2006
F"e._..
Aoute to:
PROJECT:
PARCEL NO.:
William Overton (06034)
Annexation Legal Description (Includes Locust Grove RIW)
A parcel of land being a portion of the SE Yo of the SE Yo of Section 19. Township 4 North, Range I East, Boise
Meridian, Ada County, Idaho. more particularly described as follows:
COMMENCING at the found brass cap, (corner record #101052636) marking the southeast comer of said Section
19;
Thence North 00014' 26" East (formerly North 000 14' 41" East) coincident with the east line of said Section 19, a
distance of 1320.]0 feet (formerly ]320.00 feet) to a set 5/8" rebarlcap PLS 10561 and the POINT OF
BEGINNING;
Thence North 89046'36" West (formerly North 89045' 52" West), 726.00 feet to a found 5/8" rebar/cap PLS 4998;
Thence South 00014'26" West (formerly South 000 14' 41" West), 300.00 feet to a found 5/8" rebar/cap PLS 4998;
Thence South 89046'36" East (formerly South 89045' 52" East), 726.00 feet to a found 5/8" rebar/cap PLS 4998
and the said east line of said Section ] 9;
Thence North 00014' 26" East (formerly North 00014' 41" East) coincident with the said east line of said Section
19, a distance of300.00 feet to the POINT OF BEGINNING.
The parcel above described contains 5,00 acres more or less.
Together with and subject to covenants, easements and restrictions of record,
Basis of bearings for this parcel is North 000 14' 26" East between the found brass cap (comer record #101052636)
marking the southeast corner of said Section 19, and the found brass cap (corner record #101052637) marking the
east 'I. corner of said Section 19, both in T, 4 N., R. I E.
David S, Short Jr.
End Description
License No, 5461
P:IOvenonlDrawingslSurveylLegallTotal LegalR I
DSS/cp
8/16106
Exhibit "B"
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