Development Agreement - 2008 - Tim Johnson 1651 W. Beacon Light Road - 1/3/2008
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/15/08 11:08 AM
DEPUTY Usa Irby
RECORDED - REQUEST OF
Eag Ie Cily
AMOUNT
.00
8
1111111111111111111111111111111111111
108005084
City of Eagle
660 E. Civic Lane
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 as indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and through its
Mayor, and Tim Johnson ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1651 W. Beacon
Light Road, 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-12-07; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition-Ada County designation); and
WHEREAS, the Applicant desires a R-E-DA (Residential-Estates with a development agreement)
zoning classification to allow a lot split and residential use 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 any residential project upon the Property must be limited with the use of a development
agreement 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 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 a R-E-DA (Residential-Estates 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 8-10-1 (C)( 1); and
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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
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-65llA 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 the Property that is the
subject of the application to the Residential Estates District ("R-E-DA"), 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 III
CONDITIONS OF DEVELOPMENT
3.1 The maximum overall density ofthe property shall not exceed .51 units per acre.
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.
3.3 The development shall comply with the Eagle City Code, as it exists in final form at the time a
development application is made, including compliance with all of the conditions as provided
within this development agreement.
3.4 The front setback for future construction of structures shall be a minimum of seventy-three feet
(73') to provide space for the dedication of a future right-of-way for the expansion of Beacon
Light Road. Should the required right-of-way of forty-eight feet (48') from centerline be dedicated
then the front setback shall be fifty feet (50').
3.5 Provide a Memorandum of Agreement (MOA) stating the owner of the properties associated with
City of Eagle file # LS-O 1-07 shall not file a protest regarding water rights with the Idaho
Department of Water Resources against the City of Eagle for the construction of any municipal
wells in proximity to the property prior to the adoption of an ordinance of annexation.
ARTICLE IV
AFFIDA VIT 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 V
DEFAULT
5.1 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.
5.2 If required to proceed in a court oflaw 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 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
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction ofthis 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 Applicants
(or other appropriate party) and Eagle.
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 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 VIII
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 ofthe
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 ofthis 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:
Tim Johnson
1651 W. Beacon Light Road
Eagle, ID 83716
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.
DA TED this _ day of , 2007.
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Sharon K. Bergmann, CIty Clerk
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
Applicant:
STATE OF IDAHO )
: ss.
County of Ada )
On thi0df day of iJ<I.l'\lit '\.,v~ ' ZOO}, before the undersigned notary public in and for
the said state, personally app~d-Nancy C~ errill, 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 year first above
written.
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STATE OF IDAHO )
: ss.
County of Ada )
On this rfday of ~ ,2007, before the undersigned notary public in and for
the said state, personally appeared Tim Johnson, known or identified to me to be the owner ofthe 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.
t;
Notary Public fI
Residing at:
My Commission Expires:
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Ht:L;t:IVED & FllED-
CITY OF EAGLE
EXHIBIT "A"
MAY 0 1 2007
File:
Route to:
Legal Description
Johnson Property Rezone
A parcel for rezone purposes located in the NE y.. of Section 6, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the northeast comer of said Section 6, from
which a 5/8 inch diameter iron pin marking the northwest corner of said NE y.. bears
N 89017'27" W a distance of 2646.45 feet;
Thence S 0024'20" E along the easterly boundary of said NE y.. a distance of 375.90 feet to a
5/8 inch diameter iron pin;
Thence leaving said easterly boundary N 89057'46" W a distance of 489.62 feet to a 5/8 inch
diameter iron pin;
Thence N 0024'20" W a distance of 381.64 feet to a point on the northerly boundary of said
NE y..;
Thence S 89017'27" E along said northerly boundary a distance of 489.70 feet to the POINT OF
BEGINNING.
This parcel contains 4.26 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
March 6, 2007
Lar;dS'oJutions
~L.and surveying and Consulting
Johnson Property
Job No. 07-09
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