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Development Agreement - 2007 - Eaglefield Estates II PUD DA (EXPIRED) - 8/21/2007 \ '" \ Recording Requested By and When Recorded Return to: City of Eag]e P.O. Box ]520 Eagle, Idaho 83616 ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 09/13107 09:05 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Eagle City AMOUNT ,00 16 111111111I111111111111111111111I11111 107128270 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 Scott J. Reeser, Nancy L. Reeser, David J. Elcox, and Moira Elcox ("Owner"). WHEREAS, the Applicant is the owner of record of certain real estate located at the 341 North Linder Road (Lots 3, 4, 5, 6, Block I, Irish Acres - R4307730450) and 499 North Linder Road (Lot I, Block \, Irish Acres Subdivision - R4307730100), Eagle, Idaho, ("Property"), as specifically defined in the attached lega] description (Exhibit A and as generally shown on Exhibit B) which is the subject of an application for Rezone identified as Rezone App]ication No. RZ-12-06; and WHEREAS, the proposed development includes properties within an area currently zoned RR (Rural Residential - Ada County designation); and WHEREAS, the Applicant desires R-4-DA-P and MU-DA-P zoning classifications to develop a 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 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 Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential subdivision project upon the Property must be limited to prevent undue damage to, and to otherwise be in hannony with, the existing community; and WHEREAS, the intent of this Deve]opment 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 Prope11y and has consented to R-4-DA-P and MU-DA-P zoning designations for the Property with the requirements set forth in this Development Agreement; and Page I of 8 K:\Plannmg Dept\Eagle Applications\SUBS\2006\Eaglefield Estates II PUD DA cc version doc 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- 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 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-4-DA-P (Residential with a development agreement Planned Unit Development) and MU-DA-P (Mixed Use with a development agreement Planned Unit Development) zoning designations, 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 density for the Property shall be 3.71-dwelling units per acre (34 residential lots, 18 single family lots and 5 four-plex lots). 2.2 The 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 prior to the City Clerk signing the final plat. 2.3 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design Review Board and City Council prior to the issuance of any building permits. 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. 2.5 The Property Owners shall remove all existing structures (with the exception of the residential dwelling) located near the southeast corner of the Property 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 Eagle hereby acknowledges that the attached typical housing styles and lot layout plan (Exhibit "C") represents an example of the Property Owners' current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the concept plan and related designs herein. The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.7 Prior to issuance of any building permits, 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 issuance of any building permits. Page 2 of 8 K:\Planning DeptlEagle ApplicationslSUBSI20061Eaglefield Estates II PUD DA cc version.doc 2.8 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, along all with all of the conditions as provided within this development agreement. 2.9 The Memorandum of Agreement for the extension and use of the municipal water system shall be executed, reviewed, and approved by the City Attorney prior to the City Clerk signing the final plat. 2.10 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of Eagle's municipal water system. The water main size, to be determined by the City Engineer, at the time of the final plat review shall be dedicated to the public and shall only be constructed on rights of way or easements. Easements or permits secured for the main extension shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension. Water mains shall be extended by the applicant as designated by the City Engineer where future water system extensions are expected to occur. The developer shall enter into a "Memorandum of Agreement" to provide sufficient water to Eaglefield Estates II Subdivision in compliance with and consistent with the intent of City of Eagle Ordinance No. 479 prior to adoption of an ordinance of annexation. 2.11 The following reduced dimensional standards are approved: e ears - - one (smg e amIly etac e ) Requested Setbacks (additional setback per story) (in feet) Min. Front Rear Interior Street Side Minimum Lot Minimum Street Size (square feet)* Side Width Frontage 5,741 20'** 20'*** 7.5'(5') 20' 50' 35' Th C d II R 4 Z I f '1 d h d *AII lots less than 5,999-square feet shall be alley loaded. All lots between 6,000-square feet and 7,999- square feet shall have shared/common drives. **See site specific condition of approval number 29 ***See site specific condition of approval number 29 e a es - one our-~ ex ots Requested Setbacks (additional setback per story) (in feet)(minimum IS-feet Min between buildings) Size (square feet) * Front Rear Interior Street Side Minimum Lot Minimum Street Side Width Frontage 14,064 20' 20' 5' 20' 42' 35' Th G bl II MU Z (f 2.12 Lot access is generally shown on Exhibit "D". ARTICLE III AFFIDA VIT 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. Page 3 of 8 K:IPlanning DcptlEagle ApplicationslSCBS\2006lEaglelleld Estates II PUD DA cc version.doc 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 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 District) 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 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 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. 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. Page 4 of 8 K:IPlanning DeptlEagle ApplicatlOnslSUBSl2006\Eagletield Estates II PUD DA cc version.doc 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 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: Scott J. Reeser and Nancy L. Reeser 499 North Linder Road Eagle, Idaho 83616 David J. Elcox and Moira Elcox 3214 Crescent Rim Drive Boise, Idaho 83706 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. Page 5 of 8 K:\Planning Dcpt\Eagle Applications\SUBS\2006\EaglcfIcld Estates II PUD DA cc version.doc CITY OF EAGLE, a municipal corporation organized and existing under the laws of the Sta!e of Idaho ATTEST: ~~o \<~ '""Sharon K. Bergmann, City Clerk ,.................. . ........ ~ 'f,AGL "0. ~ 0 ........1: "'. ..~,. ..' I t:l ~O\lAl'~""", \ :(..110'9;- ~: : · r, '" -- : . ....., ,. 1. _ ..... . :. ~y". 0 - ,.\. ~~ i,:~i __ ./"",,;:1 Ai,;."""_ .... ... C'O.,O"~" .l"\' $ ...... "... ....... G ,\V .... ".."..... 0...... -_. ., TE ..' ."........'",' By: Scott j, Reeser, (Owner) By: Nancy L. Reeser (Owner) By: David J, Elcox (Owner) BY:~ Moira Elcox (Owner) Page 6 of8 K:\Planning DeptlEagle ApplicationsISUBS\2006lEaglefield Estates II PUD DA cc version.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DA TED this tl.l day of~2001 CITY OF EAGLE, a municipal corporation organized and xisting under the laws of the State of Idaho .'"......... to" -. ~.~ ~"l OF S .... _--~ G~........ "'^.... !IIi ",- _ -. \,#" . ! !"OltPOIl.., ".<''Ct'\'" :- ~\ ~ : ~. _._ {tI: : \ lJ)~ "oSEAL "...i" j ~~.~ ~~ ~ ....~ .., '" ..... A Tt.O....O _~ ~..'~ ._.. .1.' __ ..~ <: OF I"p..v~. 'I" .., ""t; '"...........' Ie By: ' -./, k-~~ I~ a J? '3?: '" /~ Nancy L. Re ser (Owner) By: David J. Elcox (Owner) By: Moira Elcox (Owner) Page 6 of 8 K:IPlanning DcptlEagle ApplicationslSUBSI20061EaglcfIcld Estates II PUD DA cc version.doc ST ATE OF IDAHO : ss. County of Ada ) On this --t1- day of ~/I!J/1, ^f ,2001 before the undersigned notary public in and for the said state, personally appeared N~RILL, 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. ST A TE OF IDAHO : ss. County of Ada ) On this ~ay of -ff/())J.. , 20CJkbefore the undersigned notary public in and for the said state, personally appeared SC~ER, 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 Id' ho Residing at: My Commission Expires: Page 7 of 8 K:IPlanning DeptlEagle ApplicatJOnslSUBSl2006\Eaglelield Estates II PUD DA cc verslOn.doc STATE OF IDAHO ) : ss, ereunto set my hand and seal the day and year first above ..,;Jd.tI!'l 1- ~ Nol>uy Pubho fm '",",0 "f1/i Residing at: t~ . ' My Commission Expires: II.,). f STATE OF IDAHO : ss. County of Ada ) On this i t{ ~ay of 41t. ~ ' 20ci. before the undersigned notary public in and for the said state, personally appeared DA ID J, ELCOX, known or Identified to me to be the owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHE~~.,mw~ereunto set my hand and seal the day and year first above written. ........~p.. L. Gll/j ~'" ~"~-Q ...........~"1 ###, . V fri / / /' ! ~(..~OT t\~;....t~ ~L~~//L ! _._ i !o Public for Idaho i * c : * 'esiding at: ~ i$.L .~(/\ J>VBL \ .... }1y Commission Expires: 7/...1.-1/10 ~. .. AO ~ 4... ........ ~ y .... STATE OF IDAHO ) '#'"./ll OF \~ ......... : 55. f','.......I"'~ County of Ada ) On this .1!:!! day of U~iRA ' 2001, before the undersigned notary public in and for the said state, personally appeared MO ELCO;?,'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 .................... ' ~~... <'l I\. 1 . r ~,~'.## ti Ii- ," _ "(". t"'- . .. '>.-' \.. ......." , ;. ~" .1/..A.-t-.'" :1-/:1-' = C;/,. 'N tary Publicfor Idaho : * k. -. Residing at: 'p~-?;" "- \: J>, : My Commission Expires: 7/2 11/6 fA U L .. .. :: ,. .... 0 I ."of ,. ...... ~~ '. ,.,~"~~ P 8 f8 '." age 0 K:\Planning DepllEagle App(i~tions\SUBS\2006IEaglefield Estates II PUD DA cc version.doc Exhibit "A" 1 of 2 IDAHO SURVEY GROUP Pc~':::> .'. ,( l\;; .. 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 I F;:~. -,.~--'--"'-~-~'~ ! ., ,..---tfcC:rf,:"':-~~~=":':~:'::===':::':=-\"_-_"_'c. .__."~-"-"--~--~-'''''''Revised April 19, 2006 DESCRIPTION FOR R.4 ZONE REESER\NOBLE.EAGLEFIELD ESTATES Phone (208) 846-8570 Fax (208) 884-5399 Project No. 04-155 A parcel of land located in the NE1/4 of the SE1/4 of Section 11, TAN., R.1W" S.M., Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 11 from which the E1/4 corner of said Section 11 bears North 00049'15" East, 2645.20 feet; thence along the East boundary line of said Section 11 North 00049'15" East, 1849.20 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 89024'33" West, 71.20 feet to the beginning of a curve to the left; thence along said curve 367.00 feet, said curve having a radius of 300.00 feet, a central angle of 70005'30" and a long chord of 344,54 feet which bears South 55032'42" West to a point of reverse curve; thence along said reverse curve 446.97 feet, said curve having a radius of 500.05 feet, a central angle of 51012'50" and a long chord of 432,24 feet which bears South 46006'22" West; thence North 00049'28" East, 735,73 feet; thence South 89024'33" East, 416.80 feet; thence South 00049'15" West, 200.00 feet; thence South 89024'33" East, 242,80 feet to a point on the East boundary line of said Section 11; thence along said East boundary line South 00049'15" West, 35.00 feet to the REAL POINT OF BEGINNING, containing 5.58 acres, more or less. Exhibit "A" 20f2 I DAH 0 1450 East Watertower 5t Suite I SO SURVEY ,AF[:;:2 Z-C:3 Meridian, Idaho 83642 GROUP i ' Phone (208) 846.8570 \ Fi:"__-..---------. : Fax (208) 884.5399 .-..-.....- __._._..____.__.._._._~..-F..c.iJ.1E.__ , ..--.-.....-... -......1... ..-..... , - ~--~-- Project No. 04-155 Revised April 19, 2006 DESCRIPTION FOR MU ZONE REESER\NOBLE-EAGLEFIELD ESTATES A parcel of land located in the NE1/4 of the SE1/4 of Section 11, TAN., R.1W" B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 11 from which the E1/4 corner of said Section 11 bears North 00049'15" East, 2645,20 feet; thence along the East boundary line of said Section 11 North 00049'15" East, 1849.20 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 89024'33" West, 71.20 feet to the beginning of a curve to the left; thence along said curve 367.00 feet, said curve having a radius of 300,00 feet, a central angle of 70005'30" and a long chord of 344,54 feet which bears South 55032'42" West to a point of reverse curve; thence along said reverse curve 446.97 feet, said curve having a radius of 500.05 feet, a central angle of 51012'50" and a long chord of 432.24 feet which bears South 46006'22" West; thence South 00049'28" West, 73.27 feet; thence South 89024'33" East, 659.65 feet to a point on the East boundary line of said Section 11; thence along the East boundary line of said Section 11 North 00049'15" East, 574.00 feet to the REAL POINT OF BEGINNING, containing 5,55 acres, more or less. S;\ISG ProjeclslDouble D 140 Acre Bndy (04-155)IDocumentslreesser zone MU DESC.doc .. i~ " , ,(: ! i ~ ." ,:' : I~:(" (i: i' ~ \ "" ,) ~"~ Ii: ~~'M . ----..,-.... -~-~-~ ~ n C-\ V&lT\ .~H ~III r",l/ ~a - ~ r--" .l-{ - - - --I f---j fO - .Q .c X w t Jll I I / / ~ \ .' \ - \ \ \ \ ) /) h \ \.'/ r---.: - Ej I I '" ~ w ... (~~0 \w \:J~\\\ "" I ~ ~ r9<~ ~ ( ?<X. ,,><v N<xx.,. L-1 \ N)<)(., x: x.; )< 9 <"V'J<.. )<5<:><:>< ~ / - - I I \ ~\ ~ \' ~ / 7 ~ ~ o ~ \ \ f-- \ I' I u.....:;:c~ ".S! 0 Q g ci~<=i6Sl ~~~~~ lii~CIlC<:( a: a .:;:-? ~~~~5 ~~E~8~ aslij~.s:;~it: ~n~r ~~ ~.?j~ ~~~H ~8"" g, <0 o 0; :;;. o a; >it ~ 10 .0 .2i o ~ en c o 'jjj 'S: :a ..Q ~ III - III Gl a. .. ~ S:i III >t III .. 'l:l .- _ c Gl - ._ u ... .- GI > m ~ III 'l:l GI III o a. o .. a. ~. j '" ~ ~ ::l ,..: '" '" ~ 1ii , 0- ~ ~ ~ - 0 \ ~ ~ \ 2~ ~ ~ ~ ~ ~ cc:~! ~ ~ ~ ~ ~ :s i EXHIBIT "C" 1 of 3 • s j I..) IP APR 2 1 2O THE CEDARS II THE GABLES II PREVIOUSLY APPROVED EAGLEFIELD ESTATES HOUSING AREA EXHIBIT EAGLEFIELD ESTATES NO. 2 SUBDIVISION CITY OF EAGLE, IDAHO WPMARK ,..G1,411:117111 IAC. 104 94 M. Cook Satre C Idaho 81611 Mow 2088442.6'60 F. M./ 46S 0%/4 EXHIBIT "C" 2 of 3 J Rte C'eclaxd RECEIVED & i=ILED CITY OF EAGLE APR 2 1 2000 File• t• _ EXHIBIT 3 of 3 'ilk CNxs i4ECE@VED & FILED CITY OF EAGLE APR 2 1 2006 File: 1 Route to: """'.,..,-,......,....,-,.~"."..,-..,~-'''''''''"''-'''...>'.......,,-' o UJUJ ..J..J u::(!) O/l<( oUJ UJU- >0 ->- UJI- 0- UJO a: ~ = C'.I ::z :::> -, I -- I Cl I- OJ ::c >< UJ .,,"~ o~bcINI .UI1I.LD/S311D.LV3cI 3JVcIlIf1S ' ~" ~ N ~'" NOISIAlaflnS II SoU VJ.s:J a1:JI:H19V:J <;90S0;) .ON lJ)rDl:td S(l-rt-S05l....~>.l.I:>30\'3Y NOISlA3U "''''''''d BOd l'nd ..UI'v'NIWI13Bd jl P i i i ~P'ilh fhii II il! !iB! K40tflo. . -, ~ -?!II I o - <ll (tiS ::0 U.CC il II l! -III .1 ", I ~H , ,~ ~!. hldlhhsl !.'li1h.....,!! II 119 nwUhu d II II 1 ! ,1 '5i'.;?; 1;- II ~ _u\ ~ -. , , z o = Vi ~~ s: ~~ " :0 5~ o co :e~ ~::oJ ~gf I- V'.l ... .j! :s = .~;: c... O"'!l: >- ~ ~~"~ "Eo- :t:isa <:.0( ~:1~ z E- :f~< ~ ~ ~i~ ~ 0 ~...:5 "...l IS!!: .. ::: .~ u. o. U,l ~~ ..J ~ (;> < <( OJ