Development Agreement - 2008 - DA MOD/Nyborg/Bakers Acres - 12/3/2008
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12/08/08 08:06 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Eagle City
AMOUNT .00
5
1111111111111111111111111111111111111
108130289
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
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, 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 Phil and LaWana Nyborg Family Trust and Jeoffrey,
and Colette Nyborg ("Applicant").
WHEREAS, on September 8, 1977, Kenneth W. and Nona E. Baker sold the south 305
feet of Lot 15 and 16 of Baker's Acres Subdivision to Lester Phil and Lawana Nyborg; and
WHEREAS, on January 9, 1997, Lester P. Nyborg and LaWana Nyborg conveyed the
south 305 feet of Lots 15 and 16, Baker's Acres Subdivision to the "The Phil and LaWana
Family Trust"; and
WHEREAS, on April 7, 1999, Lester Phil Nyborg, Trustee for the Phil and LaWana
Family Trust conveyed the south 305 feet of Lot 15, Bakers Acres Subdivision, to Jeoffrey and
Colette Nyborg; and
WHEREAS, the Applicant is the owner of record of certain real estate identified by
parcel numbers R07860 1 031 0 and R07860 1 02890 ("Property"), as specifically defined in the
Development Agreement recorded under Instrument No. 108061857; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned R-E-DA; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 108061857 are in, and shall remain in full force and effect, except that, conditions of
development 3.4,3.6, and 3.7, are amended as stated herein.
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 in the
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Development Agreement recorded under Instrument No. 108061857, the modification is agreed
to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.4 The applicant shall submit a Parcel Division application to be reviewed and approved by
the City. Upon approval of a parcel division the applicant shall record the approved
record of survey showing the parcel division and provide a copy to the City prior to the
issuance of a building permit on the southern half of Lot 15, Block 1.
3.6 The residential dwelling unit located at 660 N. Ballantyne Road shall be allowed to
remain at its current location. The front yard setback for the dwelling located at 660 N.
Ballantyne Lane is thirty feet (30'). Should the dwelling be replaced, any new dwelling
shall be required to meet the setback requirements for the R-E (Residential-Estates-up to
one unit per two acres) zone.
3.7 The accessory structures adjacent to the western property line shall be allowed to remain
at their current locations. The side yard setbacks for the accessory structures located
adjacent to the western boundary line at 660 N. Ballantyne Lane is forty five feet (45').
Should the accessory structures be removed or replaced, any new accessory structure shall
be required to meet the setback requirements for the R-E (Residential Estates-up to one
unit per two acres) zone.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 108061857,
remains in full force and effect except as modified in Article I herein."
Effective Date. This Development Agreement Modification shall be effective after delivery to
each of the parties hereto of a fully executed original of this Development Agreement
Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
er/
DATED this.3 day of _~, 2008.
CITY OF EAGLE, a municipal corporation
organi d existing under the laws of the State of
Idaho
By:
Phil Bandy, Mayor
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Phil and LaWana Family Trust
STATE OF IDAHO )
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On this~ day of ../JtrJ ~ , 2008, before the undersigned notary public in
and for the said state, personally appeared PHIL BANDY, 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.
Notary Public for Idaho if
Residing at: ~ ..
My Commission Expires: (01.30/ I ~
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STATE OF IDAHO )
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County of Ada)
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On this ~ ~ day of tec.eMbe..C- , 2008, before the undersigned notary public in
and for the said state, personally appeared LESTER P. NYBORG, known or identified to me as a
Trustee for the Phil and LaWana Nyborg Family Trust who is an owner 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.
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STATE OF IDAHO )
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County of Ada)
On this d ~ day of ~ec. e. Y't'\ be. r , 2008, before the undersigned notary public in
and for the said state, personally appeared JEOFFERY NYBORG, known or identified to me as
an owner 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
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STATE OF IDAHO )
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County of Ada)
On this d~ day of ~ t e.VV\.~\ , 2008, before the undersigned notary public in
and for the said state, personally appeared COLETTE NYBORG, known or identified to me as
an owner 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.
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