Development Agreement - 2007 - Countryland - 7/24/2007
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 08/01107 02:11 PM
DEPUTY Patti Thompson
RECORDED-REQUEST OF
Cily 01 Eag Ie
AMOUNT
.00
9
1111111111111111111111111111111111111
11371138881
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 JLJ Enterprises, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 2556 W.
State Street, 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-l 0-06; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT(Rural Urban Transition); and
WHEREAS, the Owner desires an R-2-DA (Residential with a 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 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 and the existing 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 an R-2-DA (Residential
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-
l(C)(l); 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
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
property that is the subject of the application to an R-2-DA (Residential, not to exceed 2
units per acre, 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 development shall contain no more that twelve (12) residential units.
2.2 The development shall not exceed 1.82 units per acre.
2.3 All development within the Property shall be consistent with the Design
Guidelines and generally consistent with the Concept Plan attached hereto as
Exhibit B (the "Concept Plan"). The Concept Plan attached hereto describes the
general nature and relative location of certain elements for Countryland
Subdivision. The intent of the Agreement is to allow sufficient flexibility at the
time of detailed planning and platting while stilI maintaining the general intent of
the Concept Plan with the requirements set forth in this Agreement.
2.4 All buildable lots along the western property line adjacent to Timberland Estates
Subdivision shall be a minimum of 17,000 sq. ft. in size.
2.5 All lots located along the western property line adjacent to Timberland Estates
Subdivision shall comply with the height and area regulations for the R-2 zone
contained in Eagle City Code Section 8-2-4.
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2.6 All buildable lots located along the eastern property line adjacent to Countryside
Estates Subdivision shall be a minimum of 12,223 sq. ft. in size.
2.7 All lots located along the eastern property line adjacent to Countryside Estates
Subdivision shall comply with the height and area regulations for the R-3 zone
contained in Eagle City Code Section 8-2-4.
2.8 The applicant shall obtain a license agreement from ITD and ACHD to allow the
right-of-way between this property and the edge of pavement along State Highway
44 and the interior streets to be landscaped prior to the City of Eagle signing the
final plat.
2.9 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 and approving the final construction plans prior to submittal of
the final plat application.
2.10 All structures (shops, barns, sheds, etc.) within the required setbacks for the R-3
zone shall be removed 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.
2.11 The septic system for the existing house located on Lot 5, Block 2, shall be
abandoned prior to the City Clerk signing the final plat. Proper permits shall be
obtained prior to the removal of the septic system and copies provided to the City
of Eagle.
2.12 The landscape strip located between the curb and sidewalk shall not be used to
store, treat, or convey stormwater. All runoff shall be routed through pipes or
curbing to the designated storm treatment and containment areas.
2.13 The existing well for the existing house located on Lot 5, Block 2, shall be
disconnected from domestic use and certification from United Water of Idaho of
connection to a municipal system prior to the City Clerk signing the final plat.
2.14 Lot 3, Block I, shall be developed so as to not provide access to State Highway 44
and all access to the development shall be taken from W. Skywood Drive.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
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.
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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 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
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 amendment to the
Development 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
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 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 Agreement with respect to
the Property or portion thereof.
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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 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 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, 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 East Civic Lane
Eagle, Idaho 83616
Owner:
JLJ Enterprises, Inc.
1560 Carol Street
Meridian, Idaho 83646
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.
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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.
7.8 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ~y of J~ ,2007.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:-
Nancy
STATE OF IDAHO )
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County of Ada)
On this ~~y of ~~, 2007, before the undersigned notary public in and for
the said state, personally appeared NA CY 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.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. ~_.~---.~ '. 6~' ~
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STATE OF IDAHO )
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County of Ada)
On this '2 Lt tl- day of l' '^ Iy , 2007, before the undersigned notary public in and for
the said state, personally appeared James L. Jewett, known or IdentIfied to me to be the
President, of JLJ Enterprises, Inc., 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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Notary Public fi Idaho
Residing at: /vo.f'>f"" "LD
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EXHIBIT "A"
Job No. 04957
J.B.F.
3-16-06
LEGAL DESCRIPTION
FOR
COUNTRYLAND SUBDIVISION
Overall Boundary
A portion ofthe Northeast 1/4 of the Southwest 1/4 of Section 7, Township 4 North,
Range 1 East of the Boise Meridian, City of Eagle, Ada County, Idaho described as:
Commencing at the West Quarter corner of Section 7, Township 4 North, Range 1 East
of the Boise Meridian, City of Eagle, Ada County, Idaho and running thence
N89025'10"E 1190.58 feet along the Center East-West line of said Section to the Center
West 1116 corner of said Section; thence N89025' 1 T'E 993.64 feet along the Center East-
West line of said Section to the Northeast corner of Timberland Estates Subdivision (said
point being the Point of Beginning); thence N89025' 17"E 331.22 feet to the Center
Quarter corner of said Section; thence Sl 011 '05"W 833.61 feet along the Center North-
South line of said Section; thence S8904] 'OO"W 299.98 feet; thence S] 011'14"W 397.38
feet to a point on the North right-of-way of State Highway 44; thence S89041 '31"W
30.12 feet along said North right-of-way to a point on the East line of Timberland Estates
Subdivision; thence N1 o08'07"E 1229.44 feet along the East line of said Subdivision to
the point of beginning.
Parcel contains 6.60 acres and is subject to a Waterline Easement recorded as Instrument
No. ]021 ]8189 in the Ada County Recorders Office.
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