Development Agreement - 2019 - Garrigan Estates No 2 - 9/19/2019 ADA COUNTY RECORDER Phil McGrane 2019-124422
BOISE IDAHO Pgs=11 LISA BATT 12/11/2019 12:46 PM
EAGLE CITY NO FEE
111111111 II I I'I I I'I I'I II'I I III liii I
00713315201901244220110111
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O.Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated 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"),and GEORGE P. AND LEIGH A. BRECHT,("Owner").
WHEREAS,Owner is the owner of record of certain real estate consisting of two(2)lots,consisting
of approximately 3.15-acres,identified as Lot 1,Block 1,Garrigan Estates Subdivision and Lot 6,Block 1,
Carrigan Estates Subdivision No. 2, Ada County Parcel numbers 83046210100 and 83046220010
("Property"), as specifically defined in the attached legal description (Exhibit A), and shown on the
Concept Plan(Exhibit B),which a portion of the site(Lot 6,Block 1,Carrigan Estates Subdivision No.2)
was the subject of a previous application for rezone, identified as Eagle Rezone Application No. RZ-09-15
and which is subject to an application for a modification of development agreement and a rezone of Lot 1,
Block 1,Carrigan Estates Subdivision, identified as Eagle Rezone Application No.RZ-04-19;and
WHEREAS, Upon recordation of this Development Agreement, that certain Development Agreement
recorded in the real property records of Ada County,Idaho,on January 9,2017,as instrument number 2017-
002312 (the "Original Development Agreement') shall be void and of no further force or effect on the
Property;and
WHEREAS,the Property includes a property(Lot 6,Block 1 Carrigan Estates Subdivision No. 2)
within an area that,at the time the Original Development Agreement was recorded,was designated on the
Land Use Map of the Comprehensive Plan as Residential Rural and zoned R-E-DA (Residential-Estates
with a development agreement);and
WHEREAS, Owner desires to modify the Original Development Agreement associated with Lot
6,Block 1,Carrigan Estates Subdivision No.2 and annex and rezone the remaining portion of the Property
(Lot 1, Block 1,Carrigan Estates Subdivision)as generally shown on the Concept Plan(Exhibit B);and
WHEREAS,the City Council of Eagle has determined that the scope of any development upon the
Property should be limited to prevent undue damage to, and to otherwise be in harmony with,the existing
community;and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use,enjoy and develop the Property while at the same time limit any adverse impacts of
development upon neighboring properties and the existing community and ensure the Property is developed
in a manner consistent with Eagle's Comprehensive Plan and City Code;and
Page 1 of 7
KAPlanning DeptTagle ApplicatiomUtZ&A\2019W-01-19&RZ-04-19 Brecht da fnl ver.docx
WHEREAS, 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-E-DA (Residential-Estates with a
development agreement)zoning designation for the Property with the requirements set forth in the Original
Development Agreement as replaced by this Amended and Restated Development Agreement;and
WHEREAS, Owner has provided Eagle with affidavits agreeing to submit the Property to a
development agreement(Exhibits C-1 and C-2)pursuant to Eagle City Code Section 8-10-1(C)(1);and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and inconsideration of the mutual covenants contained herein,it is agreed
as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511 A and Eagle City Code,Title 8,Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone a portion of the Property
(Lot 1,Block 1,Carrigan Estates Subdivision)that is the subject of the application to R-E-DA(Residential-
Estates with a development agreement) 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.
Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone Lot 6, Block 1, Carrigan
Estates Subdivision No.2 of the Property to R-E-DA(Residential-Estates with a development agreement),
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No. 765 which became effective after its passage, approval, and publication on January 16,
2017.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, the Owner will submit such applications regarding floodplain development
permit review,design review,preliminary and final plat reviews,and/or any conditional use permits,
if applicable,and any other applicable applications as may be required by the Eagle City Code,which
shall comply with the Eagle City Code,as it exists at the time such applications are made except as
otherwise provided with this Agreement.
3.2 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. 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.
Page 2 of 7
K:Tlanning DeptTagle ApplicationsUtZ&A\2019W-01-19&RZ-04-19 Brecht da fnl ver.docx
3.3 The Owner shall address the site specific conditions of approval of the lot line adjustment(LLA-06-
19)and present a record of survey mylar ready for signature by the City Clerk prior to the adoption
of an ordinance for annexation and rezone of Lot 1, Block 1,Carrigan Estates Subdivision.
3.4 No additional dwelling units shall be constructed on the Property. Accessory structures may be
constructed on the Property.
3.5 No structures shall be constructed within the 2l5-foot wide building setback as identified on the
Carrigan Estates Subdivision No.2 final plat and the recorded building setback document(instrument
#9009106).
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement(Exhibits C-i and C-2)and be bound thereby,and comply with
and be bound by the provisions set forth in Idaho Code Section 67-651 to and Eagle City Code Section 8-
10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail 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.
5.2 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.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within
an A-R(Agricultural-Residential)zoning designation until Eagle enacts and records an ordinance
changing the property to the A-R(Agricultural-Residential)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term,provision,commitment,or restriction of this 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 nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)(or other
appropriate party)and Eagle.
Page 3 of 7
K:Tlenning DeptTagle ApplicatiomUtZ&A120191A-01-19&RZ-04.19 Brecht da fnl ver.docx
ARTICLE VII
ASSIGNMENT AND TRANSFER
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
bound by and liable for all commitments and other obligations arising under this Agreement with respect
to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 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.
8.2 Paragraph Headiness. 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.
8.3 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.
8.4 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.
8.5 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: George and Leigh Brecht
4830 North Hawk Wing Lane
Eagle, Idaho 83616
Page 4 of 7
K:V'lanning DeptTagle ApplicatwnsU2Z&A\2019W-01-19&RZ-04-19 Brecht da Cnl ver.docx
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.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein,Owners agree to provide
adequate financial assurance to Eagle,to secure the payment of any deferred balance of the attorney fees
and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owners an
estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owners
shall provide a cash deposit,letter of credit or a bond in the amount of the estimated fees associated with the
work undertaken pursuant to the terms of this Agreement. Thereafter,Eagle shall bill Owners for such fees,
adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle
and as invoiced to the Owners or,if Owners have made a cash deposit with Eagle,Eagle may draw on the
deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit,
and if the Owners fail to make payment for such fees when actually incurred by Eagle and invoiced,then
following thirty(30)days of written notice of such failure from Eagle,Eagle may draw upon the financial
assurance provided by the Owners. Thereafter,if the then current estimated fees still to be paid exceeds the
amount of the then current balance of the financial assurance(whether it be in the form of a cash deposit or
a letter of credit),the Owners shall replenish the financial assurance and shall become current as to all
outstanding fees owed. Upon payment in full of all attorney fees and engineering fees,Eagle shall release
to the Owners the unused portion of the cash deposit or the letter of credit,as applicable.Eagle's draw upon
the financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owners,exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant
to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages,injunctive relief,specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately,at the sole discretion of the City.
8.8 Effective Date.This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate(or LLC)action,and necessary corporate(or LLC)
resolution(s)have been executed for the undersigned representatives to sign this Agreement and so bind
their respective parties.
Page 5 of 7
K:\Planning Depaagle ApplicationsVtZ&A\2019W-01-19&RZ-04-19 Brecht da fnl ver.docx
IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this 114' day of S.QPk„b4019.
` CITY OF EAGLE,a municipal corporation
° p� EAC organized and existing under the laws of the
` eeees.aeeee v
(~� ?OR/I ,. State of Idaho
CJo. �
( %D ,•
e
• � L By: --(2-Cfer"-c
• SEA z
\.... o ; Stan Ridgeway, Mayor
sem, � •eeeeeee ��
ATTEST: A1PE OF ,°
By:A_ _ OP ' '
Sharon K. Bergmann, City Cl- k
Owners:
./ ye? ,"6"/14.-
By:23;00,":"
George P r cht
B : e1.e-7:7)
Leigh A. Brecht
STATE OF IDAHO )
: ss.
County of Ada )
On this 174'day of S-CPrclAaL4-- , 2019, before the undersigned notary public in and for the said
state, personally appeared GEORGE P. BRECHT, 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.
Notary Public for Idaho
Residing at: 646U, (c4 A2
My Commission Expires: o3 z1- -a
Shane Smith
Notary Public
State of Idaho
Commission No, 58122
Page 6 of 7
K:\Planning Dept\Eagle Applications\RZ&A\2019\A-01-19&RZ-04-19 Brecht da fnl ver.docx
STATE OF IDAHO )
ss.
County of Ada )
On this i7 day of Srt1Ifi ,2019,before the undersigned notary public in and for the said
state,personally appeared LEIGH A. BRECHT,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.
g?
Notary Public for Idaho
Residing at: L ¼u, (044-0
My Commission Expires: ø 2fr Zo 23
Shane Smith
Notary Public
State of Idaho
Commission No. 58122
Page 7 of 7
K:\Planning DepHEagle Applications\RZRA\2019W-01-19&RZ-04.19 Brecht da fnl ver.docx
exhibit "A"
Lot 1, Block 1, Carrigan Esstates Subdivision (Book 78, at Pages 8,320 through
8,321, records of Ada County, Idaho); and
Lot 6, Block 1,Carrigan Estates Subdivision No. 2 (Book 111, Pages 16,067 through
16,069, records of Ada County, Idaho
6K-\\A 1 twc7-
PLAT SHOWING
GARRJGANES TA TESSUBDIVISJONNO. 2 RECEIVED& FILED
A RE—SUBDIVISION OF PORTIONS OF LOTS 2, 4 & 5, BLOCK 1, GARRIGAN ESTATES SUBDIVISION I CITY OF EAGLE
•
LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 26, T.5N., R.1 W., B.M.,
CITY OF EAGLE, ADA COUNTY, IDAHO N I. AR 2 5 2019
2017 b N. LINDER RD. •
EY.IS111rJC 3C'WIDE `.,��� �
LrnSI1INC,v'WIDE Es POINT "A" ;,';; N o-oac,„j F co i in i e:
U/U/L A lT v •
0--- -- -- -- -- -- -- S00'32'43” W 823.45' accE. rasErnrNT " FND.1/2
SO 340. i - ..,�
_ 0'32 43 W 91 `' / L.ti 732�r 'o�,y� Route t� ,, ' /
w 500 40'16 W N. HAWKCREST LANE(PRIVATE)
w
• � � I YD
M'9 a•\1`177'4' -"t ,67.36- .\11-'' �,
f
N Z I i 4C 160
kb
n v
�1 r END. 1/2" - c,\. I �V 1p
�1' Nb 5' \' PLS 7323 ; o o-"20 . 240
iii:7\-'
_,__
900'36716"E 210.,9' —1 - No (sEE NOTE 10) �' �� ' SCALE: 1" = BO'
FF1.
Flo �\ n Y �I 1 (c)7 \
+�
o _ - SIF -��t'
r .u1 I 00 ,i _ _---(‘-.7)--___
4.-
_____ _
., • �I' 0 � ,a•,,,2 ;� - HEALTH CERTIFICATE
1,,
- NI Gy �- -- - i �' SANITARY RESTRICTIONS AS REOUIP-
Lc's" � W W LJ � TITLE 50,CHAPTER 13 ARE IN FOF
?I''.',I Li �� C''
O 1 I P �1 N �. OWNER SHALL CONSTRUCT ANY BL
N 1. et u�r• 0 `/ -O s F� 0. Z ,,. SHELTER WHICH NECESSITATES THE
\d' �O� �0, cD CX\ I"� I i I yo NO 76' + t OR SEWAGE FACILITIES FOR PERSO
S ;V \ I �•� 1 , , .: PREMISES UNTIL SANITARY RESTRK
O. 0 I I _ • ' ,b ), , ARE SATISFIED.SANITARY RESTRIC
E a i 'L i `�% ___ _ 1; ' `, ' 0 a IDAHO CODE,TITLE 50,CHAPTER 1
I I • I ``S p „ , Q ( SATISFIED FOR LOTS 7,8,AND 9.
I 500'31'04"W 201.55'-I '1- F�'�t�ti L'�` `.� • '58"E ' 500'32 58 W , \ o,:W
_- � ,�, •��a to o �\� a � � RESTRICTIONS MAY BE REIMPOSED,
'- P\•5 L4 ( r, FND. 1/2" 6 + + Ir-k SECTION 50-1326,IDAHO CODE,8
/ . _ _ _ _!� '�- your "' DLS7323,' '\ ;'-,--
(3- --
'+��i, w�,:0 CERTIFICATE OF DISAPPROVAL.
C \ ' IZ r, G�G, r - M,n•.
\ ,I O �2\ 9 • , \\' am HEATH DISTRICT SIGNATURE
til
I i \ \\ Ot\, ci�`,i DATE: k'"St
,-..
•
•
Cr
\,* \ \\.' , -,A
\ o✓w V1 /
' •
(SEE NOTE 9) z = �.; M • (_.`. n
,. !,,,-,9,,-.;:i: FND.1/2."-`� O d. fN
�: I I w w PLS ��9 T 1 _ i i��°,,a
Lo 7-23/,f`': C 1,1
C1 w 1 I ` • 1,� •.�Y i ) .,
-^ Z00 ,.c:7ics,'
ti
LINO
col -2(•(14 " _1(1)(1)14"2 . I Lar�E BE
I _1 N 88'`
v1 N 00'31 52"E / LINE
I 12.`�'II p11T,I is ii,ITS ANI -I 1_,I
, 1,'W10� EU9'_ic U i L T, ,,,D 195.31'
P2!:'''L`�._".! ^CCLCS o' I o �'� L3 S 00'
('R;VAIL ALE ACCESS LASEMENr- I 1 EASEMENT i I-, ni ��`p'7 I L4 N 10'<
- _::::-...----...-1-.---.: ___ =581.57' _ _ I -_ - Zf\ �o� I L5 9 54':
- 524.69' a v�O L6 NOT c.�,„
N 00'27'47"E o
N 00'05'46"Al 12.62'
!/M/'/A//Fl N 00'29'48 E 4 1106.26' U� /r rr�n 207.93' N I L8 N 89'10'56"W 34.37'
(MP//1//f U / o
L9 _N 68'10'01'_E I 15.05' I
GENERAL NOTES: (NOTES CONTINUED ON SHEET 2 OF 3) LEGEND
1. ANY RESUBDIVISION OF THIS PLAT WILL BE IN COMPLIANCE WITH THE MOST RECENTLY APPROVED SUBDIVISION STANDARDS OF
THE CITY OF EAGLE. 0 FOUND 5/8'IRON PIN,PLS 7323 OR AS NOTED
FOUND ALUMINUM CAP MONUMENT 1 I CURVE TARLE
2. THIS DEVELOPMENT RECOGNIZES IDAHO CODE 22-4503,RIGHT TO FARM ACT,WHICH STATES 'NO AGRICULTURAL OPERATION, O CURVET RADIUS LENGTH CHORD MG CHORD i DELTA
AGRICULTURAL FACILITY OR EXPANSION THEREOF SHALL BE OR BECOME A NUISANCE,PRIVATE OR PUBLIC,BY ANY CHANCED
CONDITIONS IN OR ABOUT THE SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER IT HAS BEEN IN OPERATION FOR MORE THAN • SET 1/2"X 24"IRON PIN.PLS 4431 1 0�I�I .r. CI 1 BU 00' 29.39' N 48'2.3'-13"W I 29.23' 21'02'57" 1
(r '/' ��� ,"� �.� C7 224.64' N 42'49'51"W 221/0' I 32.1 U'3/"
ONE(1)YEAR,WHEN THE OPERATION,FACILITY OR EXPANSION WAS NOT A NUISANCE AT THE TIME IT BEGAN OR WAS \" __400.09'__-
CONSTRUCTED.THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WHEN A NUISANCE RESULTS FROM THE IMPROPER OR • SET 5/8"X 24"IRON PIN.PLS 4431 s cA C3 80.00' 60.28' N 50'58'32"E 58 86' 43.10'16"_
NEGLIGENT OPERATION OF AN AGRICULTURAL OPERATION,AGRICULTURAL FACILITY OR EXPANSION THEREOF." A CALCULATED POINT 4 4 31 C4 165 00' I 1/8.24' N 41'39'08"F 169.70' I 61.53'39'
C5 7 'SOS 00' I 234.03' N 43'22'40"L I 221 53' I 65'24'38-
3. LOTS SHALL NOT BE REDUCED IN SIZE WITHOUT PRIOR APPROVAL.OF THE HEALTH AUTHORITY. --_ SUBDIVISION BOUNDARY UNE U''!,Z?-•jT,Z�
_-- -- -- C6 145.00' 21/.48' N 33'0E1'48"L 197 1 6' H5'56'13'"
T
4. A TEN(10)FOOT WIDE PUBUC UTILITIES AND PROPERTY DRAINAGE EASEMENT IS HEREBY DESIGNATED ALONG SUBDIVISION p 9 F OF\'''' r X7___415.00', 121.27' N 18'1:1:1`_,,"W 120.84' 16'44'36"
BOUNDARY,RIGHTS-OF-WAY,AND LOT LINES WHERE SHOWN.
LOT LINE TFR P�vG _RY C8 80.00' 54_38' 9_18'23'40"W I 53.34' 38'56'49"
C9 I 45.00' 46.64' N 26'08'21"W I 44.58' I 59.22.54"
5. ALL LOTS SHALL HAVE INDIVIDUAL DOMESTIC WELLS ANU SEWER URAINFIELus. ccrnnu i lur
, V i V OU UU 0.:.// IV LCI:JJ UO VY , OV.VU I :,...15,',..5-
6. THE LAND WITHIN THIS PLAT IS NOT IN AN IRRIGATION DISTRICT.IDAHO CODE SECTION 31-3805 CONCERNING IRRIGATION - - CENTERLINE
WATER RIGHTS AND TRANSFER DOES NOT APPLY. - EXISITING EASEMENT LINE PER PLAT OF GARRIGAN ESTATES SUBDIVISION
OWNER/DEVELOPER:
7.MINIMUM BUILDING SETBACK AND DIMENSIONAL STANDARDS SHALL BE IN COMPLIANCE WITH THE APPLICABLE ZONING EASEMENT LINE PER NOTE 4 OF THIS PLAT OR AS NOTED GEORGE AND LE/GH BRECHT
REGULATIONS OF THE CITY OF EAGLE OR AS SPECFICALLY APPROVED.
EAGLE,IDAHO
8. N.HAWK WING LANE AND N.HAWKCREST LANE ARE EXISTING PRIVATE ROADS PER PLAT OF GARRIGAN ESTATES SUBDIVISION. _- -- BUILDING SETBACK LINE
ALL PUBLIC UTILITIES,IRRIGATION,DRAINAGE,AND EQUESTRIAN EASMENTS PER SAID PLAT REMAIN IN FORCE,UNLESS OTHERWISE
RELINQUISHED.(REFER TO ADA COUNTY PROJECT NO.201500679 PRA). SURVEY TIE UNE N
[)'1TIF SURVEYING, LLC 208.860.3442
N. ALL BUILDING STRUCTURES ON LOT 8 SHALL BE WITHIN 250 FEET OF THE NORTHERN LOT LINE. O1
w LOT NO. i*����•_E cltpeugh(wmsn.com
10.LOT 6 IS A NON-BUILDABLE LOT TO BE MAINTAINED BY ITS OWNER PER CITY OF EAGLE REQUIREMENT. IA� 1506 E.Prohaska Ct.
Professional Land Surveyor Eagle,ID 83616
11.CURVES ALONG CENTERLINE AND R-O-W OF N.HAWK WING LANE ARE NON-TANGENT. SHF c I 1 JF S s
EXHIBIT °C-1"
Affidavit of GEORGE P.BRECHT
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
GEORGE P. BRECHT,who being first duly sworn under oath,deposes and says:
1. I am GEORGE P. BRECHT, whose mailing address is 4830 North Hawk Wing Lane,
Eagle, Idaho 83616.
2. GEORGE P. BRECHT is the fee simple owner of the parcel of real property described
on Exhibit A,attached hereto(the"Property").
3. GEORGE P. BRECH,7f authorizes the submission of the Property to certain
/7`'clayDevelopment Agreement dated the of� 4,,,417 0,- , 2019 pursuant to the provisions set
forth in Idaho Code Section 67-6511A and Eagle CffyCode Section 8-10-1, by and between the City of
Eagle,a municipal corporation in the State of Idaho,and George P. Brecht(the"Agreement").
DATED thist? day of5 / ,2019.
,,,/ ,-7 / '
.-,,„•.. .
By' III � /� Vii/
George P. ',recht
SUBSCRIBED AND SWORN to before me this I/* day of cL '&L ,2019.
g? Wt
Notary Public for Idaho
Residing at GU LC , Idaho
, _ , ,, - . . - My Commission expires o8-Li-Zfl
Shane Smith
Notary Public
State of Idaho
'-i: Commi: ,. .,ssion No. 58122
.,.„„,. .,..., Page 1 of 1
K:\Planning Dept\Eagle ApplicationsUtMA\2019\A-01-19&RZ-04-19 G Brecht da affidavit.doc
EXHIBIT "C-2"
Affidavit of LEIGH A.BRECHT
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
LEIGH A. BRECHT,who being first duly sworn under oath,deposes and says:
1. I am LEIGH A. BRECHT, whose mailing address is 4830 North Hawk Wing Lane,
Eagle, Idaho 83616.
2. LEIGH A. BRECHT is the fee simple owner of the parcel of real property described on
Exhibit A,attached hereto(the"Property").
3. LEIGH A. BRECHT authorizes the submission of the Property to certain Development
Agreement dated the /7 day of , 2019 pursuant to the provisions set forth in Idaho
Code Section 67-65]lA and Eagle Citfy Code Section 8-10-1, by and between the City of Eagle, a
municipal corporation in the State of Idaho,and Leigh A. Brecht(the"Agreement").
DATED this /7day of
7-
By. /1"/ - -
Leigh A.Brecht
SUBSCRIBED AND SWORN to before me this I/1( day of 5Tth6 , 2019.
07v
Notary Public for Idaho
Residing at CA LC , Idaho
Shane Smith My Commission expires OFs-Zi-ZoI?
Notary Public
State of Idaho
Commission No. 58122
Page 1 of 1
KAPlanning Dept\Eagle ApplicatwnsUtZ&A\2019\A-OI-19&RZ-04-19 L Brecht da affidavit.doc