Development Agreement - 2009 - Stocksill - 10/5/2009
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/08/09 01:27 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Eag Ie Ci tv
AMOUNT
.00
10
1111111111111111111111111111111111111
10':;'115401
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 Clarence and Carolyn Stockstill, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1980 and 1984
West Floating Feather 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-07-09; 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 R-E-DA (Residential-Estates with a development agreement)
zoning classification to allow a parcel division and residential use on the above described property, which
is herein referred to as the "Property"; and
I ...
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 ofthe 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
Page 1 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fnl ver StockstilI.doc
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)(l); and
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 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 development shall not exceed one (l) unit per two (2) acres.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding a
parcel division, 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.
3.3 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.
3.4 All structures currently existing on the site, as shown on the Concept Plan, are recognized as
they are in their respective locations and which mayor may not comply with the required
minimum setback requirements of the R-E zoning district as prescribed in Eagle City Code.
This recognition does not permit any further encroachments into said setbacks. No further
development shall be permitted, nor any building permits issued, until such time as a Parcel
Division, or subdivision, is approved and recorded at the Ada County Recorder. Upon
approval and recordation of a Parcel Division record of survey should the accessory
Page 2 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fill ver Stockstill. doc
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 (I) unit per two (2) acres)
zone.
3.5 Upon failure of the potable well for either residential dwelling, the owner of the residential
dwelling shall be required to connect the respective residential dwelling to a central potable
water system.
3.6 Applicant shall provide a legal description and exhibit dedicating a sidewalk easement
twelve feet (12') in width adjacent to West Floating Feather Road to ACHD, record the
dedication with the Ada County Recorder, and reference the instrument number of the
recorded document on the Parcel Division Record of Survey prior to the City Clerk signing
the Parcel Division Record of Survey.
3.7 Applicant shall provide a legal description and exhibit establishing utility easements twelve
feet (12') in width located adjacent to the aforementioned sidewalk easement on W. Floating
Feather Road and adjacent to the W. Janet Court right-of-way, record the easements with the
Ada County Recorder, and reference the instrument number of the recorded document on
the Parcel Division Record of Survey prior to the City Clerk signing the Parcel Division
Record of Survey.
3.8 Subject to any required approval, the owner of the dwelling located at 1984 Floating Feather
Road may continue to utilize a well only for the heat pump heating and cooling system
serving the dwelling and after connecting to central potable water services.
3.9 Should the Oakley Estates Home Owners Association approve the Option A driveway
location for the single-family dwelling unit located adjacent to W. Janet Court the applicant
shall use the Option A location as shown on the Driveway Options exhibit (Exhibit "C").
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.
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 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 incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
Page 3 of7
K:\Ptanning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fnt ver StockstilI.doc
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 of Idaho 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 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
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 VIII
GENERAL MA TTERS
8.1 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.
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.
Page 4 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fill ver Stockstill. doc
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 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 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:
Clarence and Carolyn Stockstill
1984 West Floating Feather 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.
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution ofthis
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.
Page 5 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fnt ver Stockstill. doc
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
c,.\.-"
DATED this ~ day OfOL;Ob~Y,"2009.
ATTEST:
""II""",
I" '"
!to...... ~ EAGl "'"
...... .\ 0 ........l: "
- ~ ... -.-fIIII
i !..... ~ORA 7'~.. ':;.
::r~:~ ..~:
:v:o ::
- . l..' .' -. -
: . "'" \.. ,.... :
. . 00.. _
. "" . G PI. ,.0_
..... c.p~<;>.""'-
-:.. · / ~ .r"<.-.. ~- .:
. .. '\( p:'. ..... ..
...... -. ("OR po\l .- .(""'\ '\ .....
,# .....- "'\.v ...'
'" 7'A T ~ ......
',rl " '
CITY OF EAGLE, a municipal corporation organized
and existing u er the laws of the State ofIdaho
By: --r
Phil Bandy, Mayor
Applicant: / ,
/'/:. ..../ /---I::-:.j
B~ttti&Ue:L -t')l;pt' /)t.ut'}
Clarence Stockstill
,/ / c^ /'~: l ,_
B . ! /; ~l.. . ltL.{'~i t..); /
y. (... 1:1.- f._~}-./ ~j _ . / /' . ,L ~
Carolyn St. still
STATE OF IDAHO )
: ss.
County of Ada )
On this s.~h day of 0 L.;..\Ob c....v , 2009, before the undersigned notary pub lie 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.
~~~~.~~
Nota Pub or Idaho
Residing at: bt:M.. 0,f).
My Commission Expires: 'M..A..j \ J.:20i4-
Page 6 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fnt ver Stockstill.doc
STATE OF IDAHO )
: ss.
County of Ada )
On this s""i &y of OC--;I 0 b <---v-- , 2009, before the undersigned notary public in and for
the said state, personally appeared Clarence Stockstill, 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.
STATE OF IDAHO )
: ss.
County of Ada )
~~+LD ~~
Notary ublic for 0
Residing at: (1 ~ {' n .
My Commission Expires: r'Y")i''':.:)1 d . gO 14-.
,.....,
On this 28 day of St:p-\f"'rn b-t Y"" , 2009, before the undersigned notary public in and for
the said state, personally appeared Carolyn Stockstill, 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.
l~~~~--,-
Not ublic ahR
Residing at: ~t1Y\ Lo.
My Commission Expires: m~ I d :;)0\4-
Page 7 of7
K:\Planning Dept\Eagle Applications\RZ&A\2009\A-06-09 & RZ-07-09 da cc fill ver Stockstill.doc
EXHIBIT "A"
1~3Z001303
The land r.terre~ to in this commitment i~ situatea in the Bt~te
ot r4$ho, County o~ A~A, and is desoribed as !ollowas
A tract of land 8i tuated in the Southeast corner at Section 6,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho
more particularly described as follows;
co~anc~ng at the southeast corner of said Section 6; thence
Sgufh. 89022t23" West, 664.86 feet to the REAL POINT OF BEGINNINQ;
tllence
North 0037'37" West, 521.. 46 feet to a point; thence
South 89022'2311 West, 417.GB feet to a point; thence
South 0037'37" East, 52J..46 feet to a point; thence
N"orth 89022' 2.3" E~~~, 417.68. feet to the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
,.
,
, .. ':1<'. .
l~~~(~'~ N' ,,~-~...;,. '1' t .~..
RECEIVED & FILED
CITY OF EAGLE
'i .. ; L "
j' "\ r,; . f '
It .,/i \'1 ~
j'
JUN 0 4 2009
()
~",~..
lA'
EXHIBIT "B"
.l' Q.......' ;a r. ~ Q. '.. ,I ~: .'f -"'-ff... '
''\::.1y uti r, ,
File:
RdUt~ &d(' , ~
~ J ~lll* r-: ,'"" r "n~. _4 1.Q (Jr
"hi'1 ,,)rI ''t ,.;/0
,. .
-, ;~ i
rl~'
" '\.
,.......'\,
:._<\ "\ J
...:\,,,y
, r/
I '
t_~-~~
(')")
r-~-. .
J
-- ,
. '"
,.~. obt.' '.... . t',
l"-~ -;-, I ,~
A
f;
~ ,-' f--~ ,,'
i .~ h}:
[f ,.,._) t,,-.I :,.}
f, ' "
i- ;;.,~.
'..()
..,.
P
(f l!
,', '.'! ". A.i
( ;r{ ;'()~i
-'""""-,
, '.
,.t')
+ ~ ,,1. .- _/~..-
(X,J t ' "",~. '"'~\><.,
"'4t 'i., /"~,L. A;)f'it-Al' "..../.,.,/
g:;,.'::+:..... .,f.:~:.~".:..~,i~~.,~~.:.=~~:.....~.l. ~ '8=B:~.'.:i':.....!.:,~....~..:!..~,,;.. ~ '.f .,', f'r'[ '.. '
d) l' ", N .. I..., ':;'.f '.,..'. ,...i ....,'
! f ~ t ~ ,-, ~ " - ~ ___
r.
, - , R' '.* CT .....-'....,.. "' 't' "'.'
'.' ) ,p,Jt" j ""
;/ [ '."
b L4
~.--
-,--~~
;c
en
1"""')
,JQ
,; -c:)
1.1: .
,. i"..c"") ,
COVE. Ref:
, .{ L
,. llU'" iH
'., tf n 't~,!.
[:.
()
I::'
Z
~
~(I"'<-;
. ,). ," >
~\,. .' 1.,
~' ~;, \: -\._"".- '" '
...,~ ,}
r-'J i.'
.! <I
,{,rP' "'1
'iuu'.Jt.!
I -'
t -''1!T'~J
-'.. .; ',.
-', _J-
-'(or: n" ,_ .
. r;lc~'H= 1980 & 1984 Floating Feather Road
,~ .~~~ 1~, Par eel D i v is ion 5 it e P I an
J~~~j
-...~'
'-C
C"l
r1 "'> ~~
",--, ~. ./ ";"0 ~
/"
~ F,
j1. \.
l ~t'
I '
;"'V
i" r~! ~
~",1 j
'.. .. ):t w' A", 't '.' "\L 4 ,-,. .ii 'I,
~) l~NlJ II i '" ( IT ~t,/ I ,
- --
( 4 f " 68
~ --"
if
W. FLOATING FEATHER ROAD
~ C - ,4 !t~:,~:
tt i.. <f. f'
Ii~ ,~
J L '~J. "l/
...,
't-o..:)
f"l,'
. "
~..;r'1
.;J.~..) .
~:
\1;.J
( -....
I-..-:.~.,
f ,;
':.~
,...J
r~
..
..-0
~:
C~,I
UJ
~,---='-,
iJ~)
~;
~D
('.:
.,n
l
II
""-1
,...-)
.
(n
C':")
~
r''''''
C~I
v!
'.~.~
.",,f')
'.i)
'~'.J
\
':'"1'
... '"'
~kC(
...,"""~IL:
1<-
~
~,
[I
o
~
~
~.
~II"."".'
,.
"'''''''1
"if.,.
ju
',3".
.,ut
'. J
.3't
l,~
..~
t.~1
'iJi
A
~
"
j
"L. tl.:lfllrci
r
,...,. i
:':..J. . ~
?~~4.1"
#~.",
,
, '.
j"".,fi
"",
";...,,
U
l-
ce
I
><
UJ
.1
"-1
-~~
'.'....,....~. p
'Bt ~~
~--
.
"i;
.~
\
k
~~"';= . !
~.-"
. . C,
,
"-,.~
V) ~~.J .,,11'
pii" .'
, -J -,*:i....
.~ ~_,ji'
" :r;.
r;;: ) )'
,- ..
1"'-
--),
"iii''''/' '....",.
, .. "...... .... .' . ...,. i/-T.'~'Y
~'!t-,.."'. ".f'!w~i~5jTi J..' \~. ":"."
,41 f....~..... ..~:.' ... ~., '~.ieJl
\- ....~ ,.Irer "1 r-' .-- ;.,. I.
."\- t:~' ~..~~~: :.r-;":: -:;~ ~
-- , ',. " ,::P ,..:fir " I
'" -"".,Ii:'--.~ t ^""~
!"~ ... .. . 't'1. '~J',
'. ,.. ~-) ~~-'),J'f 'lid t
' . .""'. -. """ !
"I; ...,..
:~'-. t-~ '!t.
'0.' ..... '>",: .
.... ''- '.,..,~ ... "
""'^ ."",..''t,.. ~
, ,"" I""",, .....
, ! '"'"
.'-"-e....,,,,, '-~__,'~ "fi:".'"
lI., r~~- ~
~\ ~:! ",
. "1 .~,'"
l ~'
'r~. ," ,
"~
.'.
t}-1o
,
'..'
~.ct
~.'l"l
,.~>-
'fC
"" .ilI
~
~..~"""'"'
^""><;... f ;.:D.... ..-, '_ i,lf- __.~ \0-__
. '!l:' ' - ~ '
.......~9d;-_,' ~-' - ....2,'-~
,~ c~zr9t' d ~-<
~
,
~~
:":.t-.'" ,
....1
~, 1t.,;,
JI'!.'''Vdi
!.~
~
., }
}~~
i~.'l
,,.
. ,
, '^,~
""Ii(
~~j,~'
~-"* ...
"~ ~',
"'~ 1"1C
'w :II{
::t~
;)
~ ~)
s~
.-., .'
,Jt..
ii'i,'
''"'.r?
J ..
<!l;.Jir
~
u..' .'''. I.
~
'''U
~,
'""""
....
t"..-l
'\,.
~~,
4:
.,r}.i*:
I .
~
-
.'"
i~:t =-. t j~ ~ _,_
" " .9'.".....
i~ ". .~.. !,~,~;w.
c..... "3' .~. . ~(i:! -:
~ ~ ' " ,"' !1 ~.. ~ ~k.~",
'A ' <;- 'rw." <
;.~ 'i :;E _':: iiJ,.I ~..~
.' ..
;~,
~:~
~~
"'" .
"v
"'1,;;.
~"_N'~~..."
,
,
<<
'\
.~
1
, .
. 1
~:'~I
,.",! I
~. Jl
. d,_, 1
._- -', f
!
l
'If.,.-'
, ...'"
-.
~" -r
,... r""~~
,,,;, ~
,.....,. r "
.''>o.J ., ,_-
,.,.. f !
1\:.,... i ...
J t:-.
IQ "
r...., ~
i~) 1< f
-.
~~_IO.
~.
."'- :*
It' ri.
~-;;l.-:; c"",~.;_
~"
:.
~';,
'... J ,r."
~i".,
~fl:j ~
t _"
T
'..
~~
~-
~. IE '
r.~
1
:~
L
-
~.t
"~ ,~,._-
\ ';
\.
,', .-
'.
"I
~
, "",,1,,,
,;r.
~, ~
rI';J I-.
1ft ,i r-lM
".
"4.,; I
~:...:4f,-
. f.
,~>e( \?
;~"
'0
'.7; ..~'*
9t<_,_ .