Development Agreement - 2009 - Hanson 4151 N Hartley Rd - 11/12/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11119/09 08:38 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
CI IV of Eag Ie
AMOUNT
.00
9
1111111111111111111111111111111111111
109129734
Recording Requested By and
When Recorded Return to:
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 Robert J. and Elsie V. Hanson. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 4151 North
Hartley 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-09-09; 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 A-R-DA (Agricultural-Residential up to one unit per five
acres with a development agreement) zoning classification, 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 A-R-DA (Agricultural-Residential up
to one unit per five acres 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)( I); and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; 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
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A 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 Agricultural-Residential District ("A-R-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 ill
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the current configuration of the Owner's property. Prior to
development of the property the Owner shall submit a Development Agreement Modification
application with a revised Concept Plan which reflects the proposed development. The Development
Agreement Modification shall require a public hearing before the Planning and Zoning Commission
and City Council on the proposed changes of the Concept Plan and any subsequent changes in use,
notice shall be provided by the Applicant as may be required by the City.
3.3 The one (1) acre parcel located at 4151 N. Hartley Road created through an approved Farm
Development Right application through Ada County Development Services is recognized as a legal
conforming parcel until such time the remaining portion of the site is developed in its entirety at that
time the property shall be brought into compliance with Eagle City Code.
3.4 The accessory structure located at the northeast comer of the property at 4 I 51 N. Hartley Road shall
be allowed to remain at its current location. The front yard setback and side yard setback for the
accessory structure located adjacent to the eastern boundary line (front) and northern boundary line
(side) is seven feet (7'). Should the accessory structure be removed or replaced, a new accessory
structure shall meet the setback requirements for the A-R (Agricultural-Residential - up to one (1)
unit per five (5) acres) zone.
3.5 The agriculture operation may continue as it is currently being operated until such time the property
is developed in its entirety.
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ARTICLE IV
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- I shall
be provided and is incorporated herein by reference.
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 Ifrequired to proceed in a court ofIaw 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 ofthis 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 of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder ofthis 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
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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 vrn
GENERAL MA TIERS
8. I 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.
8.2 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.
8.3 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.
8.4 Legal Reoresentation. 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.
8.5 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:
Robert J. and Elsie V. Hanson
4151 North Hartley Road
Eagle, ID 83616
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.
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8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
8.8 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 12..- day of M V. ,2009.
CITY OF EAGLE, a municipal corporation organized
an eXlS 1 der the laws of the State ofIdaho
Applicant:
"
By: ~~ifr~~-
Robert J. Hanson
BY:~~ V ~..J
Elsie V. Hanson
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STA TE OF IDAHO )
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County of Ada )
On this ~y of J\ DV~'\'Y\ ~ . 2009, before the undersigned notary public in and for
the said state, personally appeare'ctPHIL 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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On this(QftL day of JJll\J/.w1~ .2009, before the undersigned notary public in and for
the said state, personally appeared Robert J. Hanson, 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.
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STATE OF IDAHO )
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County of Ada )
On this..lt21h day of JJO\1.t.w\b.JA. ,2009, before the undersigned notary public in and for
the said state, personally appeared Elsie V. Hanson, 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.
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109 09 09044a
LARRY HELLH
2089380098
p.1
EXHIBIT "A"
- I -
DESCRIPTION FOR
HANSON TOTAL PARCEL
OCTOBER 14, 2009
A PARCEL OF LAND BEING A PORTION OF THE WEST Y1: OF THE NE Y.I AND
ALL THE SE y.j OF THE NW Y4 OF SECTION 34, TOWNSIllP 5 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NE ~ (NORTH ~
CORNER) OF SECTION 34, T.5 N., Rl W., RM.; THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
TIffiNCE S 89028'30" E, 760.67 FEET ALONG THE NORTH LINE OF THE WEST Yz
OF THE NE V4 TO A POINT;
THENCE S 00031'15" W. 790,00 FEET TO A POINT;
THENCE S 89028'30" E, 555.00 FEET TO A POINT ON THE EAST LINE OF SAID
WEST ~ OF THE NE 1/4;
THENCE S 00031'15" W, 1423.97 FEET ALONG SAID EAST LINE TO A POINT;
THENCE N 89011'05" W, 577.50 FEET TO A POlNT;
THENCE S 00031'1511 W, 429.00 FEET TO A POINT ON THE SOUTH LINE OF THE
WEST ~ OF THE NE lj.j ;
THENCE N 89011'05" W, 736.5 I FEET ALONG SAID SOUTH LINE TO THE
SOUTHEAST CORNER OF THE SE lf4 OF THE NW y.j (CENTER If. CORNER);
THENCE N 89010'14" W, 1318.72 FEET TO SOUrnWEST CORNER OF THE SE y.j
OF TIIE NW y.j;
THR."\lCE N 00029'33" E, 1316.71 FEET TO NORTHWEST CORNER OF THE SE Y-t
OF THE NW Y-I;
THENCES 89014'01" E, 1318.52 FEET TO NORTHEAST CORNER OF THE SE Yo. OF
THE NW ~;
October 19, 2009
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