Development Agreement - 2006 - Park Lane Estates/1835 N. Park Lane - 12/5/2006
Recording Requested By and
When Recorded Return to:
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02122107 01:40 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City 01 Eag Ie
AMOUNT
,00
8
1111111111111111111111111111111111111
107025538
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 Park Lane Development, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1835 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-5-06; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT (Rural Urban Transition); and
WHEREAS, the Applicant desires an R-2-DA (Residential with a development
agreement) zoning classification to develop a seven (7) 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-2 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
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 an R2-DA (Residential
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with a developrnent 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- I 0-
I(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
CONDITIONS OF DEVELOPMENT
2. I The development shall contain no more that seven (7) reSldentlal units
2.2 The development shall not exceed 1.29 units per acre.
2,3 The Concept Plan date stamped August 2, 2006 (Exhibit B) represents the Owner's current
concept for completion of the project. 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.
2.4 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.
2,5 All property will be annexed into the Eagle Sewer District prior to the submittal of the final plat
application.
2.6 The developer shall remove all structures (houses, barns, sheds, etc.) within the required setbacks
for the R-2 zone prior to the clerk signing the final plat. Demolition permIts shall be obtained
from the City of Eagle Building Department prior to the removal of the structures.
2,7 The existing home (Lot 2, Block I) may continue the use of the existing well and septic, however
the applicant shall provide a stub-out for public water and sewer servIce to the existing home prior
to issuance of any building permits for the subdivision.
2.8 The applicant shall work with the Chevron Pipeline Company to install cover over the pipeline.
The applicant shall provide the City a letter of agreement concerning the method of pipeline
protection from the Chevron Pipeline Company prior to submittal of a DR application.
2.9 Provide a revised preliminary plat with a plat note indemnifying the City from liability for all
construction and work within the pipeline easement prior to submittal of a DR applicatIOn.
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ARTICLE II
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 67-6511 A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
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
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs,
ARTICLE IV
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 of this
instrument determined to be invalid or unenforceable is re-negotiated in good faith between the
Applicant (or other appropriate party) and Eagle as an amendrnent 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 V
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, shall be appurtenant to and for the benefit of
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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 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 Agreernent with respect to the Property or portion thereof.
ARTICLE VI
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Developrnent 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 ofthis Development Agreement. As Llsed 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 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.
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, rctum
receipt requested postage prepaid, or by Federal Express or other reputable ovemight 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
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Owner:
Park Lane Development, LLC
1842 Lakemoor Way
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.
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.
,2006.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
ATTEST:
__1 ~,o. ~~. - \t--. ~1-~
Sharon K. Bergmann, City CI k
By:
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STATE OF IDAHO )
: ss.
County of Ada)
On this 5- day of Dr L~ 2006, 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,
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and yejf.ufiltr...
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STATE OF IDAHO
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County of Ada)
On this L day of [)i(lewJ1jr:2006, before the undersigned notary public in and for
the said state, personally appeared Chad Moffatt, Managing Member, Park Lane Development,
LLC, known or identified to me to be Owner of the property referenced herein and the person
who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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THE LAND GROUI', INC.
APR iJ 5 2006
April 5, 2006
Project~o.06126
EXHIBIT "A"
File:
Route to:
Legal Description
Park Lane Estates
Eagle City Annexation & Rezone
5.14 Acres
A tract of land situated in the North One Half of the Northeast One Quarter of the
Southwest One Quarter of Section 1, Township 4 North, Range 1 West, Boise Meridian,
Ada County, Idaho, described as follows:
Commencing at a brass cap momunenting the South One Quarter Comer of said Section 1 on
the right-of-way centerline of North Park Lane, thence following the easterly line of said
Southwest One Quarter and said centerline, North 00054'20" East a distance of 1,979.99 feet to a
PK nail and the POINT OF BEGINNING.
Thence leaving said easterly line and said centerline, North 89009'45" West a distance of
990.68 feet to a 5/B-inch steel pin;
Thence ~orth 89009'42" West a distance of 24.26 feet to a 5/8-inch steel pin;
Thence ~orth 00054'29" East a distance of 221.46 feet to a S/8-inch steel pin;
Thence South 89005'11" East a distance of 1 ,014.93 feet to a point on the easterly
line of said Southwest One Quarter and said right-of-way centerline of ~orth Park
Lane;
Thence following said easterly line and said centerline, South, 00054'20" West a
distance of 220,12 feet to the POI~T OF BEGI~~I~G.
THE LAND GROUP, INC.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAX)
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