Development Agreement - 2009 - Legacy - Eagle Sports Legends MOD 2 DA Addendum 2009 - 10/28/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/19/09 08:38 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City 01 Eagle
AMOUNT .00
6
1111111111111111111111111111111111111
109129733
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
F or Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT ADDENDUM
This Development Agreement Addendum, 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 Eagle Sports Legends Investments No.2, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate ("Property")
consisting of approximately 78.13-acres generally located on the southeast comer of State
Highway 16 and W. Floating Feather Road at 1252 N. Emmett Highway, as shown on Exhibit A
attached hereto and incorporated herein and described on Exhibit B attached hereto and
incorporated herein, which property is the subject of Eagle Rezone Application No. RZ-03-09;
and
WHEREAS, the Property comprises an area currently zoned RUT (Rural-Urban
Transition - Ada County designation); and
WHEREAS, the Applicant desires a R-2-DA-P (Residential- up to two (2) units per acre
with a development agreement - PUD) zoning classification to develop a planned unit
development use on the above described Propery; and
WHEREAS, the intent of this Development Agreement Addendum 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
WHEREAS, the Development Agreement Addendum is to provide a concept plan
associated with an expansion parcel as identified on Exhibit F within the Development Agreement
recorded under Instrument No. 106161990 associated with the Legacy development; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
in the Development Agreement recorded under Instrument No. 106161990 and Development
Page 1 of 4
K:\Planning Depl\Eagle Applications\PreJiminary Development Plans\2005\Legacy DA ADD cc version. doc
Agreement Modification recorded under Instrument No. 109008326, associated with the Legacy
Planned Unit Development and has consented to a R-2-DA-P (Residential- up to two (2) units
per acre with a development agreement - PUD) zoning designation; 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
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein
by reference; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 106161990 and Development Agreement Modification recorded under Instrument No.
109008326 associated with the Legacy planned unit development are in, and shall remain in full
force and effect on the Property and a concept plan (Exhibit A) for the Property shall be added.
ARTICLE I
GENERAL MATTERS
Enforceable Provisions. The Applicant agrees the Property is subject to all terms and conditions
of the original Development Agreement, instrument number 106161990, it exhibits, and
Development Agreement Modification, instrument number 109008326, its exhibits and both the
original Development Agreement and Development Agreement Modification remain in full force
and effect and that the Concept Plan Exhibit A for the expansion parcel shall be recognized.
Effective Date. This Development Agreement Addendum shall be effective after delivery to
each of the parties hereto of a fully executed original of this Development Agreement
Addendum.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Addendum.
DATED this &-ttcmy o~, 2009.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
Phil Bandy, Mayor
ATTEST:
J~. ~~
Sharon . Bergmann, City Cle k
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EAGLE SPORT LEGENDS INVESTMENTS #2,
LLC,
an Idaho limited liability company
By: SIGNATURE SPORTS INVESTMENTS
LLC,
an Idaho limited liability company
Its: Manager
By:
NGBRE, LLC,
an Idaho limited liab~lity company
Manager~
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7/
Its:
Scott C. Adcock
Its: Manager
v-"e
STATE OF IDAHO )
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County of Ada)
On thiso18~y of Q46.vr, 2009, 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.
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ST ATE OF IDAHO )
: ss.
County of ADA )
Onthis,434tayof {)('f ,2009,beforeme {J;,1f(/CJA aLN!AJ,0 , a Notary
Public in and for said State, personally appeared SCOTT C. ADCOCK, known or identified to
me to be the Manager ofNGBRE, LLC, an Idaho limited liability company, the Manager of
Signature Sports Investments, LLC, an Idaho limited liability company, the Manager of Eagle
Sport Legends Investments #2, LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written_ (/ ~ .iJ A
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Residing at: ~q .~
My Commission Expir s: () 3/() b iJ. rD/~
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KENNISON EXHIBIT "B"
ENGINEERS. SURV
r
"
AECEIVE6 & FILED
CITY OF EAGLE
MAR 2 0 2009
Route to:
Date: 3/2JJ/09
Project No.: 2417
78.13 Acres
A parrel of land located in a portion of the SJ./2 of the SWl/4 of Section 3, and the SEl/4 of the
SEl/4 ofSedion 4, and the NEl/4 of the NEl/4 of Section 9, and the NW1/4 of the NWt/4 of Section
10, T. 4 N., R 1 W., BM., Ada CounIy, Idaho, being more particuJarly described as foDows:
Commencing from a fotmd brass cap marking the southeast 1/16 mrner of said Section 4, O'&:F Inst.
No. 9274873, comer records of said Ada County; Thence a beuing ofS 8M2' 40" E, a distance of 40.00
feet on the north boundary of said SEl/4 of the SEt/4 of Section 4 to a found 5/8 inch iron pin on the
east right-of-way boundary of Slate Highway 16 being the TRUE POINT OF BEGINNING.
Thence a beuing ofS 89"1749" E, a disIance of 4041B feet on 5lIid north boundary of the SF:1/4 of the
SF:1/4 of Section 4 to a found 5/8 inch iron pin; Thence a bearing of S 89"16'35" E, a distance of '2B2.:1.7
feet on said north boundary of the SEt/4 of the SF:1/4 of Section 4 to aiel 5/8 inch iron pin; Thence a
bearing ofN 89"S3'33" W, a distance of 262.33 feet to a found 1/2 inch iron pin; Thence a bearing ofS
00"33'58" W, a distance of 22.28 feet to . found 5/8 inch iron pin; Thence . beming of S 30"22'10" F. a
distance of 259.70 feet to a found 5/8 inch iron pin; Thence a bearing of 5 2.Cn8'28'" E, a c:tisbmce of
1266J feet to a found 5/8 inch iron pin; Thence a beuing of N 87"55'00" E, a c:tisbuu:: of 111.86 feet to a
found 5/8 inch iron pin; Thence a bearing ofS 89"55'10" E, . di;buu:: of 54134leet to. found 1/2 inch
iron pin; Thence a bearing ofN 10"1.0'28" W, a dislaaa of 352.13 feet to a found 5/8 inch iron pm on
SBid north boundary of the sm/4 of the sm/4 of Section 4; Thence a bearing of 5 89"13'36" E, a
disbuu:: ol88.39 feet to a found 1/2 inch iron pin muking the IOI1th 1/16 comer common to said
Sectiot16 3 and 4; Thence a bearing of S 89"12'28'" E, a disIance of 1,690.4:7 feet on the north boundary of
said SJ./2 ol the SWl/4 ol5ection 3 to a found 5/8 inch iron pin; Thence a bearing of 5 04~4' 44" F. a
~O: ol211.38 feet to a found 5/8 inch iron pin; Thence a ~ of S 00-441.0" W,. distance of
m:J5 feet to a found 1/2 inch iron pin; Thence a be81iogofS SSW€r W, a ~aJC of 6.71 feet to a
found 5/8 inch iron pin; Thence a bearing ofN OO"S3'l9" E, a d:imuu:: of 56.25leetto a found 5/8 inch
iron pin; Thence a bearing ofN Men' 45" W, a dilIIana! of 91037 Eetfo aiel: 5/8 inch iron pin; Thence
a beu:Iog ofS ~'"33'3'" W, a disIance of 848.(8 feet to. pointm the u:1dblh.e of a dr8ina&e diId1 from
which aiel: 5/8 inch iron pin beers N ~~ E, a di.tlu.-...:: of 53.70 feel; Thence a beaing of S
58"55'29" W, a distance of 22.24 feet on ISIid oeldbmlll! of a cmun.ee diIdl to. pmnI; Thence a beuing
ofS 59"45'(5" W,. disIance of 1,!61.m feet to . paint from which a found 5/8 inch iron pin bears N
00"39'35" E, . distance ol29.98 _ Thence a beuing of N 00"39'35" E, a diatmu:: of 909.35 feet on aaid
eut right-of-way boundary ofSblte Highway 16 to. found 5/8 inch iron pin on the north boundary of
said. NEl/4 of the NEl/4 of Section 9; Thence. bearing ofN 00"55'55" E,. disbuu:: of1325.58leetto
the POINT OF BEGINNING.
Said panEl of land contain; 78.13 acres more or leis, together willa. and subject rights-of-way end
eucu....d5 of mcord. and/Ol' WJe.
Prepered by RbUU-l Fodrell, Inc.
430 E. STATE ST., SUITE 140, EAGLE, IDAHO 83616 I PH; 208-938-2440 Fx,208.938.2+41 I RENNISONFODREA.COM
EAGLE. CASCADE