Development Agreement - 2006 - Pumpkin Patch Subdivision - 9/21/2006
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Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT
BOISE IDAHO 10/12/06 02:06 PM .00
~:~~~6E6~~J~~~C~06F 11111 II II 111/ 111111 111/11111 111111 III
CIty 01 Eagle 1061619';'1
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Wlite Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and
through its Mayor, and Emmett Price, ("Owner").
WHEREAS, the Owner is the owner of record of celiain real estate located at 2820 West
Floating Feather Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) and as shown on (Exhibit B) which is the subject of an application for
Rezone identified as Rezone Application No. RZ-ll-06; and
WHEREAS, the proposed development includes property within an area cUlTently zoned
A-R (AgIiculture-Residential); and
WHEREAS, the Owner desires an R-E-DA (Residential Estates with Development
Agreement) zoning classification to develop a single-family residential development on the
above described propeliy, which is herein refened to as the "Propeliy"; and
WHEREAS, the Plamling and Zoning Commission and the City Council of Eagle have
deternllned 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 intent of this Development Agreement is to protect the rights of Owner's
use and enjoyment of the Propeliy while at the same time limiting any adverse impacts of the
development upon neighboring properties and the existing community and ensuring the Propelty is
developed in a mamler consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth
herein Upon the use and development of the Property and has consented to an R-E-DA (Residential
Estates with Development Agreement) zoning designation for the Property with the requirements
set forth in this Development Agreement; and
WHEREAS, the Owner 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
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concems
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 an R-E-DA (Residential Estates with Development
Agreement) zoning designation, 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 AgI"eement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The maximum overall density of the propelty shall not exceed .40 units per acre.
2.2 The Concept Plan (Exhibit B) represents the Owner's cunent 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 detennines that any such
changes require additional public conmlent due to potential impacts on smTounding
property or the cormnunity, 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.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along Floating Feather Road to be
landscaped prior to the City Clerk signing the final plat.
2.4 The two (2) lots shall have access through one common driveway. A cross-access
agreement shall be reviewed and approved by the City and then be recorded with the
final plat.
2.5 The development shall comply with the Eagle City Code, as it exists in final fonn at
the time a desigIl review application is made, including compliance with all of the
conditions as provided within this development agreement.
2.6 Both lots within the proposed preliminary plat/final plat (subdivision) shall use and be
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connected to the United Water system.
2.7 Construct a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA
standards), no closer than fOliy-one feet (41') from the centerline of Floating Feather
Road, Plior to the issuance of any occupancy pennits for the site.
2.8 The developer shaltremove all structures from the site that are within the setbacks of
the R-E (Residential Estates) zoning district prior to the City Clerk signing the [mal
plat. Demolition pennits shall be obtained prior to the removal of any said structures.
ARTICLE ill
AFFIDA VrT 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.
ARTICLE IV
DEFAULT
4.1 In the event the Owners fails to comply with the commitments set f01ih herein, within thiliy
(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
incuned to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attomeys' fees and cOUli costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any tenn, 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 tenninate and the zoning of the property
shall revert to the A-R (Agricultural-Residential District) zoning desigIlation unless the
portion of this instrument determined to be invalid or unenforceable is re-negotiated in good
faith between the Owners (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.
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ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development AgI'eement shall be recorded in the office of the County
Recorder at the expense of the Owners. 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 Propeliy and shall run
with the land. This Development Agreement shall be binding on the Owner and owners, and
their respective heirs, administrators, executors, agents, legal representatives, successors, and
assigns; provided, however, that if all or any pOliion 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 Prope11y 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 ofIdaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paragraph Headings. This Development AgI-eement 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 AgI'eement. As used in this
Development AgI"eement, 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 ofIdaho in effect at the time of the execution of this Development
Agreement. Any action brought in cOlmection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Owners 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, retum
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
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service, to the party to whom the notice is directed at the address of such paliy set forth
below;
Eagle:
City of Eagle
660 East Civic Lane
Eagle, Idaho 83616
Owner:
Emmett Price
117 E. Plaza Drive, Unit F
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter desigIlate. Any
such notice shall be deemed given upon receipt ifby 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 SigIling and
execution of this agI"eement by both pmties.
7.7 Tennination. This agreement tenninates upon completion of Conditions of Development or
after 7-years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development AgI"eement.
DATED this ~{~ay ofyJlft ,~{, 2006.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Ida 0
By:
Nancy
ATTEST:
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'-Sharo~ K. BergInalill, City Cl k
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By:
Enunett Price, Owner
Page 5 of6
STATE OF IDAHO )
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County of Ada)
On this ~ay ofSt, () ~~, 2006, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instnnnent on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WH;EREOF, I have hereunto set my hand and seal the day and year first
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above wntten. ',,' .,,,,,,,, '(,' j! U /i,"~~'""'1- ," ~\ /
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STATE OF IDAHO!) (
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County of Ada)
On this ~ day of $tt~1"'/y/U, 2006, before the undersigIled notary public in and for
the said state, personally appea ed EMMETT PRICE, lmown or IdentIfied to me to be an owner
of the property referenced herein and the person(s) who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. II 06,/' 'fA (fo d .
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IDAHO
SURVEY
GROUP
[,450 East Watertower St
Suite 150
Meridian, Idaho 83642
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Phone (20B) 846"8570
fax (208) 884-5399
Project No. 04-347
DESCRIPTION FOR
PUMPKIN PATCH SUBDIVISION
April 19, 2006
A parcel of land located in the SW1/4 of Section 6, TAN., R.1 E., 8.M., Ada
County, Idaho more particularly described as follows:
Commencing at a brass cap monument marking the SW corner of said Section 6
from which a brass cap monument marking the S 1 /4 corner of said Section 6 bears
North 89027'00" East, 2548.39 feet;
thence along the South boundary line of said Section 6 North 89027'00" East,
1069.05 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 00033'00" West, 429,91 feet;
thence North 70041 '00" East, 430.36 feet to a point on the westerly bank of the
Dry Creek Canal;
thence along said westerly bank of the Dry Creek Canal the following 6 courses:
South 28040'39" East, 30.74 feet;
thence South 13051 '11" East, 43.19 feet;
thence South 00022'07" East, 77.14 feet;
thence South 06054'03" West, 128.35 feet;
thence South 08025'19" East, 129.28 feet;
thence South 02044'34" East, 166.87 feet to a point on the South boundary line
of said Section 6;
thence along said South boundary line South 89027'00" West, 439.11 feet to the
REAL POINT OF BEGINNING containing 4.94 acres, more or less.
Gregory .
S:IISG ProjectslFloating Feather 2 Lot Sub(06-120)IDocumentsIPumpkin Patch Sub desc.doc
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