Development Agreement - 2004 - RESCINDED 12/2024 - Lloyd Campbell (12700 Horseshoe Bend Road) - 10/27/2004ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=3 ANGIE STEELE
CITY OF EAGLE, IDAHO
When Recorded Return to:
Matthew Cleve:'ley., ISH #5 I I8
Fidelity National La.w Group
701 Fifth Avenue, Suite 2710
Seattle WA 98104
RESCISSION AND TERMINATION
OF DEVELOPMENT AGREEMENT
2024-069213
12/05/2024 10:35 AM
NO FEE
The undersigned agree that the Development Agreement which was recorded on November 1,
2004 as Instrument Number/04138947 and re -recorded on April 27, 2022 as Instrument
Number 2022-041140 is rescinded in its entirety and is of no force or effect as to the real
property commonly known as 12700 Horseshoe Bend Road, Eagle Idaho, which has the legal
description attached as Exhibit A.
ATTEST:
William Ifi: filth. Individually
A.nn.toinette S. Smith, Individually
Cr-"' OF EAGLE:
SSios;.,:t.0„,
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w, ,.y CJ
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'
'racy E.C)torii, CityClerks. .,.,\
ic.:. \ .•''' .. a•`.
SKATE OF iDAHO
}
COUNTY OF ADA
) ss.
I hereby certify that W'ILLIAM J. SMITH, personally appeared before me and acknowledged
d
that he signed the same as his free voluntary act for the uses and purposes therein
mentioned. 01
yau�.onS+
SUBSCRIBED AND SWORN to before rn , ' h 6, 2024.
ANDREW BICKAL
COMMISSION #20243298
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
COUNTY OF ADA ) ss,
Printed Name: p�r'� f� z '
NOTARY PUBLIC in and for the tate of Idaho
My commission expires: c o I 2.0
I hereby certify that ANTOINETTE S. SMITH, personally appeared before me and
acknowledged that she signed the same as his tree voluntary act for the uses and purposes
therein mentioned,
d avc,°^13 v
SUBSCRIBED AND SWORN to before me a : 2 , 2024.
ANDREW BICIiAL
COMMISSION #20243298
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
COUNTY OF ADA
)ss.
Printed Name: 17Ci
NOTARY PUBLIC in and for the State of Idaho
My commission expires: C' / 0)5/c o 3c2
o
I hereby certify that BRAD PIKE, personally appeared before me in his capacity as the Mayor
of the City of Eagle and acknowledged that he signed the same on behalf of the City of Eagle
for the uses and purposes therein mentioned.
. . J - , 2e
SUBSCRIBED AND SWORN to befor- i arch , 202
Printed Name:6Lb4f_.l
NOTARY PUBLIC in and for the State of Id.
My commission expires: 2
14,
EXHIBIT A
A parcel of land of the North one half of the Northeast one quarter of Section 3, Township 4 North, Range 1
East, Bei:3e Meridian.
Commencing at the Northeast comer of Section 3, Township 4 North, Range 1 East, Boise P,,leridian; and thence.
North 69°1748" West along the North tine of said Section 3, a distance of 1,603,53 feet to a point in the
Westerly right-of-way line of State Highway 55, formedy Slate Highway 15, Protect ST-3271 (546) Now on file in
the office of the Department of Highways of the State: of Idaho and being the Real Pont of Beginning; thence
Southeasterly along a 1,205.92 foot radius curve right of said Westerly right-of-way line 627.71 feet more er less
to a point on the existing Easterly right-of-way line of State:Highway 56, formerly State Highway 15 Protect N.R.
11. 129-A flow oniiie in the office of the Department of Highways of the &.-itate of Idaho; thence
Northwesterly along said Easterly right-of-way line 651,06 feet more or less to a point on the North tine of said
Section 3; therm
South 6917'48" East aiong North line 64.67 feet more or less the th Point of Beginning.
Except a parcel of land being on the Westerly side of the centerline of State Highway 55 Project No.
NHF-3271(52) Highway Survey as shown on the Mans thereof now on file in the office of the Idaho
Transportation Department, and being a portion of Goliiiltrzment Lot 2 in Section 3, Township 4 North, Range 1
East, BoiseMrk5an,011'SCribed as follows, to -wit:
Commencing at the NettlieSst corner of said Government Lot 2 of Section 3, Township 4 North, Range 1 East,
Boise Meridian, from which a brass cap monument mien the Northwest corner of said Government Lot 2
bears North 89°42'14" West a distance of 1324,70 feet; thence
North 89°42'14" West along the North line of said Government Lot 2 a distance of 213.01 feet to a point
coincident with the Northwest comer of the b-act ofland described in that certain Warranty Dead dateci February
12, 1974 and recorded March 26, 1974 as instrument No. 879002 Oh Ste in the office of the County Recorder.
Ada County, tdaho, and which bears No. it 65'45.42" West 94.51 feet from Station 147+07,6:5 of State Highway
N. 55, Project No. NHF--3271 (052) Highway Survey and being the Real Point of Beginning; thence continuing
North 89°42'14" West along said North line and coincident with the North line of the tract of land described in
that certain Warranty Deed recorded May 30, 19?9 as Instrument No. 7929075 on file n the office of said
Catirity Recorder, a distance of 64.49 feet to the Northwest corner of said tract of lend and bearing North
68°45'42" West -155.04 feet from Station 146+87.32 of said Highway Survey; thence
Southwesterly coincident with the West line of said tract of land 79.40 feet along the arC of a 666.30 foot radios
curve left, said curve having a central angle of 6°49' 40" and a long chord nearing South 23°28'W" West a
distance of 79.35 feet to a point that bears North 72"34'48" West -161.53 feet from Stet:131146+16.55 of said
Highway Survey; thence
South 58'10'37" East a distance of 70,14 feet to a point on the East line of said tract of land and barnr..) North
73°29159" West from Station 146+00.00 of said Highway Suriey; thence
Northeasterly CdflCidellt With said East line a distance of 110.41 feet along the arc of a 1,205.92 foot radius
curve right, said curve having a central angle of 5°2000 and a long chord bearing North 15°2635" East a
distance of 115.37 feet to the Point of Beginning,
ADA COUNTY RECORDER Phil McGrane 2022-041140
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 04/27/2022 10:39 AM
CITY OF EAGLE, IDAHO NO FEE
ReCordinc,Z�11 Requested By and
When Recorded Return to:
City of Eagle
ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT .00
P.O. Box 20 BOISE IDAHO 11/01104 09:48 AM
Eagle, Idaho 83616 DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF 104138947
X
Eagle City
A V4
For Recording Purposes Do
Not Write Above This Line
DEVE1,0111MENT AGREETNIIEN71'
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 of Idaho "Eagle"), by and
k
through its Mayor, and Lloyd Campbell ("Applicant").
WHEREAS, the Applicant is the owner of'record of certain real estate-located at 12700
Horseshoe Bend Road,Eagle,Idaho, ("Property"), as shown on Exhibit A ("Concept Plan") and
as specifically defined in the attached legal description (Exhibit B) which is the subject of all
application for Rezone -identified as Rezone Application No. RZ-17-00; and
WHEREAS, the proposed development includes properties within an area currently.
zoned A-R (Agricultural-Residential - one dwelling unit per five acres maximum); and
WHEREAS, the Applicant desires a M`-DA (Mixed Use with development agreement)
zoninL,classification for development of a-retail project on the above described property, which
is herein referred to as the "Property" and
WfIEREAS, the City Council of Eagle has determined that the scope of any retail project
upon mu�t be hmitcd to undue da-.mvae and to othen;�,ise bo ;-n 11�1,rm. onv
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 o the
C,
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 NT1LJ-DA (Mixed tilse
with development agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
Page I of 8
K:'T1anning DeptTagle Applicat.iorsaZ&A\2000', -1700 da cc final.doc
Recording Requested By and
When Recorded Return to:
City of F'agle
P.O. Box 1520
E.aglc, Idaho 83616
io A, a"I aliA-A ----------------------------------------------------------------------I,or Recording Purposes Do
Not Write Above Line
DEVII-I'LOPMENT AGREEMENT
This Dovoloomens Agreement, made ..u-id entered into or; the date a: indicated hereill, by
and between the City of Eagle, a n,.unicipal corjporation in the State of Idaho ("F'agle"), by arld,
throu-Ii its Mayor, lmd Lloyd (.'anipbell '"Applicant").
WFIE"U"AS, the Applicant is the owner of record of certai-n real estate located at 127!00
Horseshoe 13c.od Road, F'agle, Idaho, as sbo,,vii on Exhibit, A ("'Concepl, Plan") and
I
as snecificalIv defined in the: attached legal descriplion (FlAbIbit 1-1) which is thO subject of an
application for Rezone ideiitiffied as Rezone Application No. RZ-171-009 an�
WHEREAS, the proposed development i-r1clude.s, properties within an area currentiv
zoned A-R(Acriciiltural-Resider.,,tiaI - onl-dNvelllng unit per five acres ma,\imum),
WHEREAS, the Applicant desires a MU-DA Use �vith development agreenlent')
zoriing, classification .for dcvelopment of a retail project on the above described property, �,Vhlcll
is herein rc-(erred to as the "Property",, a-f,,d
WIJEREAS, the(`4y Councif of Eagle has dlotcrmined that the scope of n-,y retail prQlect
upon the Property must be limited to prevent undue darn,,�ge to, and to otherwise be in harmon-v
with,the existing ck ninunity, and
WHEREAS,the intent of this De,V
elopment A reer-nent is 110 protect the rights of A,
9 pplicant's
use and enjoyment of the Properly while at, the sarne time limiti-nz- anv adverse impacts of iae
developix.-te-,nt upor, neigbboring proper pies and the exisung conimunity and ensuring the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City (,ode, and
WHEREAS, the Apllilic&nt has a0recd to sire use restrictions and other limitations set fb,uhl
herein u-pon the use and development of theProperty and has consent.od to a M LJ-DA (Mixed Use
with development agreerneril zordrw designation for the Property with the requirements set folth,
in this Development Ag cement: and
Pago
K-:\Planoing 7-00 da cc fmal,doc
WHEREAS, the Applica-nt has previously provided Eagle with an affidavil, agreeing to
sub.m!it the Property to a Development Agreement pursua-..:n to Eagle ( ity Code Section. 8-10-
1"C"(1), a I I"'.
WHEREFORE, the Apphearn and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideraticn of the rnwaal covenants contiined hcm--,in,
it is agreed as follows:
ARTIC,'LE I
LEGAL AU,MORITY
will adopt an ordinance aincriding the Eagle Zoning Oidinance to rezone the property
that is the subject of the application to a MUMA (Mixed Use with development agreement),
zoning designation, after recordation of, and subject to the provisions of this Developr-nient
Agreement. The ordinance will become effective after its passage, approval, and publication
and the execution and recordationof this Devcloprnient Agreement,
AIVII(TE In
(,'ONDITIONS OF DEVELOPMENT
11 A septic sys�tenl (including the drain field) designed to accom-modate a m3inimum of two?
hunitd fifty 250) gallons of flow per day and -maximuin of five hundred (500) gaRms
of flow per day sha- 11 tic constructed ,,0iolly within the 1,09-acre site upon which the retail
Nuillding is situated. The applicant shall provide an approval letter from the Central
Disvict Math Department of the Win: septic systern prior to the issuance of any
bu-ilding pernnits for the site.
2.2The site may be developed for the sale of the. following goods listed below, with
restrictions as noted ,,Othirj this agre e , e,
-Agriculturil products such as fruits, vegeables, grains and dairy products, and
associated foodswffs meant for consumption off-site,
-Seasonal items including puinpkins and( bristrrjas trees.
--C mired foods and Preserves,honey,juices ind similar items
-Locally produced craft ite-nis, souvenirs, and collectibles.
-Tobacco, alcoholic beverages, fireworks, weapons and adflt-
oriented paraplief-nalia, "fast food" items and, vidco sales and rentals shall be
prohi Exited.
23' A restroom. for the exclusive use of the crnployces of the retail building shall not be
located in direct sigi-a of t he gerier aI 'i-, A sign shall b e posted stating no public
restrooms are available on the premises and -a lock -,hall be placed on the restroo-m door.
2.�E Therna;6frujm Me for any individual commercial building shall be 2000 square hot,
Page 2 of:-"
K:',Plaiming &cc!firtal.doc
'.� Tlie maximum he.iaht for a-nv individual coirimerc.ial building shall be 20-feet hi h, one
$ii?ry`
2.6 '1`1w retail store will bc: allowed to operate during the hours of 8:€0 AM to 9:00 PM, seven
clays a vice.: . Vendor deliveries are per-initaed between the horns of 9:00 AM. and 2:00
PM Nlor,day through Friday only.
2,7 Pa, kjnf shall be prohibited oil both sides of Horseshoe Bc€ d Road. The applicar; shall
coordlriate with the Ada County Highway District to install "No Parking" signs aloe-
hotl-i sides of the roadway.
2.8 `l I e applic ,:,# shall kc:c.p his pri3Azerty free of excessi e accw-illation of debris, litter,
13r c t?c:c: boxes, and spoiled Any and all storage of i-natcr-ials shall be
screened pt rsaar,t to Eagle City Code and approval of Design Review.
2-9 The owner shall submit a Design Review application for the site 'as required by the tale
City 'of c , and shall comply ,vith all conditions required by Eagle as a part of the Do—sign
Review. Throughout. the resign, Review process the applicant shall t-hr e-
inembe, subcor�mittcc of the Bog trs p.idw�-e Subdivision Homeowner's Association to
participate. and crake recornrnendations on the design of the site.
,.l.itTlre Coricept Plan attached her to and lobelcd =l xh.ibit "A" rcprescrits the Applicant's
ct-11-r-c.nt concept for completion of the project. As the Concept Plan evolves, tl City
trr:der izands aid agrees that certain changes in that Concept n�zry,� occ �r. Such changes, if
proposed by the Applic:aylt, shall be reviewed as a part of the:DcsiMn lZeviesv process.
2.l.1 Except as provided for herein the: development shall comply with the: Eagle t_:ityT Code, as
it exists ill fillt11 form at the tune an application is made anal the conditions z{ithin this
aarcenient shall be satisfied,
2.12€-'l�c a-pplicarnt shall apply .tor anncxa-don of the propel it to the I_;agile Se�we_ District's
service born d;,a-ies and shall con,--ply with rll applicerbJc Eagle, Scwer District regidatic;ns
and conditions within150-days upon the avai ability of a central scwor systei it he area
sarroi,i Idling the subject. site..
2.1 dcsi11)- is rcpresc.rstative ; t,e .11o ms Ri.d-e Subclis ision Homeowner's Assoc:iatic}_l
shall be copied on correspondence sent by the City- of Eagle to Lloyd Campbell relating to
the dcveloprnent of the subject prop:rty.
ARTICLE M
AFT`LDA VIT CAI-'PROPERTY OWN E:l~c S,
.1 An affidavit of all owners of the Property agrecing to submit the Property to this
Dei eiopment A c=reemerrt and to the provisions set forth in Idaho Code Section 67--651 1A z nd
Eagle City Code ,Section 8-10--1 shall be provided and is incoq?o ated ercin by rcference.
Pa"'o 3 �$s
K:T aiming°D , .zsy
ARTICLE IV
DEFAULT
4 1 In the event the Applic:a:,t;ails to cornply with the corn?n?itme.nts set
'h.'rty '30) days of written notice of such failure from, Elgle. Eagie shall have the right,
wioi-nit prejtadice tc? pant' other.rights or remedies, to Cure: -aaclt cicf'ault or enjoin Such
violallon and o?hev-vise c:.i`fcjrce tile '"equi1ements ;,:onziiined in this � evelopmen' Agree.171e.t
o, to ,.crn,inatc, the Development Agreei.nent follc),,%inn the process established' in Ear—,e Cit";
Code, Section 28- 0.-1.
4,2 If regl.Jved to t;rc?c.ecd in a court of Iiw or ccli£i;v to enforce, any provision of
Development Aore.ement,Eiglo shalt. be entitled to recover all direct out-of-pocket Costs so
1£?eU£rod to care or enjon, stich deA3ai£'t and to enforce the ci nrdi Uni nr r £ n is
Dovelo-rnem A reerrjent, including attorneys' fees and court costs.
t"tRTIC 1.E V
UTNENFUIZCI:�,ABLE PROVISIONS
5.1 if ariy term, provision, c.ommitmem, or resi fiction of this Development Agre:ernernt or the
applicallon thereof to ar,y party or circcrrnstances shall, to any e.xter,t, bee held invalid or
anprtfor-c:erabie, the remainder of this instrument shall terminate and the zoning of the: property
sha.tl revecl,to the A-R one du-ell.ing unit per five acres max.imuni)
Etrtira designation t:nl;.ss -lie, portioi, of this i£sircn,ent determined to be inva-L or
Unenforceable is re--ne.-otiateci in good faith between the ski-ilplic a t ,or other ap?rop.riate party)
a_d Ea ,le as an an-ic:dfriont to th"£ Development Agreement I?Ac?c:esscd ii? accordance v:%it tie:
notice: pr,cl hearin l?rc?visi- s of Idiho Code Section 6 -65 9, as reclt�irecl 1p� L.a�lc: f;it;-Code
Section 8--M--1,
ARTICLE V!
ASSIGNMENT ANDTIZANSFER
6.1. after its execration, the: De:veloprnznt Agreerncnt shall be recorded if, the office of the County
Recorder at the expanse of the.Aj_>plica.£?t. E ch con-uniume:nt and restriction on the
development shal l be a burden on the property, shall be appurtenant to oriel for the benefit of
the pnoperty, adjacent property. and other rosidcntial property near the: Property aj,, I shall Nutt
l,th the lard. This Deveiopine:nt.Aureernent sha l be brnd-n- on t ie Applivai,t and owners,
and their iesp+dive heirs, administrators, exee:3.Ilors, agents, legal £'eprese£`:tatives, S£.iccessors,
and assiZ::t provided, however, tlt�tt if all or rrI l?ortic?n of the development is sold, the
seller: shall thereupon be released and disc„?a£-geh from any and all obligations in connection
,�%itl£ the property sold arising tinder this : reemc.r?t. The
now owi,e.r of the property or and,,
portion thereof(incictcling, withotpt limitation, any owner who acquires its interest by
Pap_¢of 8
K:Tlan.nin>Dept '.a-1 da cc i nal.do,:
forecloskire, trustee's sale or otherdwiso shad b:: table for all c:oznmitrnena and other
obligations arising under this A,,,:reern—,nt with respect'to the Property or portion thereof.
G'.ENE 1l AL MATTER S
7.1 . rt rtdrriu.iis. Any alteration or change to this Development Agreement hhall be made only,
after.complying with the rotic and hearing provisions of Idaho Code Section 67-_6509, as
required by Eagle: City Code Section 8--10-1,
;',? ;Ef rah zaph:Heading] This Development Agreerr sm shall be construed &ccording to its fair
meaning and as if prepared by both. parties hereto. Iitic;s avid captions are for cor vc.r#k act;
My and shall_ not conk how a portion of this Deve:loprnen', :'green-it.nt. As used irA this
De.;-L,(t#pme#;t Agieemcnt, rnasculinUv fe nair in or rieuter gender and. the: sir#�g;ula.r or plural
number•steal l each be deemeef to includ,the others whe-ever and ;Orc:raever the context sir
dictates.
.3 C lioice of ✓['Iris Development AgrezMCDt Sha l be construed in ae°cordrrrsce with the
l�r`�,'s of the State; of Idaho in effect at the: Lips of the, execution of this Development
Agreement. Any action brought in connection w4h this De. doprrment Agmernent shall be
brought in a court of co.nilyetent jurisdiction located in Ada County, Idaho.
%`.<I :[-.eat Representation. Berth the Applicant and Eagle acknowledge that they each have been
represented by le.=w c°oerrasel in negotiating this Development Agreement and that nether
ryarty shall have been deemed to have been the dra.ftor of this agreement.
Any rz4?tiC.e s'Irrs h party' may desire? to £.1i'i toanl3tht;.r party`must be in writing and
rimy be given by personal delivery, by mailing the same by regime°red or certified marl,returr.
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to w ion. the, notice is elsre:cted at the address of such parry set forth
Blow;
l 'ow UP of Eagle.
l-41 13ox 1520
Eagle., Idaho 83616
Owner: Lloyd CampbAl
12655 Horseshoe lend.load
Boise, Idaho 83703
C>r such other address and to such ether persons as the partied may hereafter designate, Any
such notice shrill be clee:rried given rrpon rcceipt if by per-sonal delivery, orty'-eight(48)hours
after deposit it the (_ nited States mail, if sent by mail pursuant to the foregoing, or twenty-
four(24) hours after timely deposit with a repute.'#le overnight delivery service.
Page 4 of 8
K:',,Ph-nnii:z D:..,MEagk, €TTO da cc fi3:alW
7.5 Effective Date. This Development Agreement shall be effective after delivery to each of the
par-ties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this__------ &1 of (�J66( 2004.
-nunicipal corporation
A1110 7% CITY OF EAGLE, a i I
0 4
or(-,anized and existing under the I aws of the State of
A N Idaho
By A
i r
IN anc
ATTEST:
Sharon K.4&a=, City Clel
DATED this day of 0G7'08EA 2004.
Ll. d�Ca.' ibell, Propertrt' y1wn,,
v
STATE OF IDAHO
ss.
County of AI-Ja)
0—
v of G'
On this 221004, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRITI,,known or identified to r-rie to be the
Mayor of the City of Eagle and the person who executed the foregoing instrurn ent 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 ldaho
0
Residing at:
My Commission Expires:
k
F
Page 6 of 8
K:Tlanning DeptEagle Applicitii-)iis\RZ&,A\2000\RZ-17-00 da cc fiml.do-,
STATE OF IDAHO
ss.
County of Ada)
Oil this 6't—ay of 2004, before the undersigned notary public in and for
the said state, personally appeared LLOYD CAN/11-IBELL, known or identified to me to be the
owner of the Property referenced herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for 14ho
esi My Commission Expires:
M
"k,
Page 7 of 8
KAPIanning Dept\Eagle App1ications\2Z&tM20001R7-17,-00 da cc final.doc
IN DEXOF EXHIBITS
A coinc,�Pt Plan of propeTly
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Roylance & Associates jim -, o &jrveyoN - La: dplanners
Street, Who 1 Exthibit "B" .phone(208)939-2824 F '108)939-2355-'
13E C E iv m
CITY
October 25, 2000
11 f oj e- N o. 2127 SEP
7-77-
Legal Des,--',riptioii
ljoyd (Impbeil
1.65 Ai�re Tract
A parcel of land being on the westerly side of""he cefiterline or state Highway 553 11rq ect
No. NHF-3 271 (5 2) lfi�zghxay Survey as 81,110"vn on the plans th..ereof now on file in ffio offief,of
the Idaho Transportation Dt-partment and being a, portion of Goveriim-ent Lot 2 in Section 3,
' ow.m6tip 4 North Qnge I IMA, Me M.cridian, fioher describe-d as follows:
C'ornniencii?g at the Northeast corjior ofsaid Govc#-#emerit 1-ot 2 from-svhicb poiDt tbze
Norffi,,vest corner ofsaid Govemme.tit Ent 2 bears NVAb 89'-4:2'-,14` West a distance of 1-324.70 feet;
thence North �-.9'-42'-14" West along the i-ioqffl.iefly line of said Gr-,-,,vernmont Lot 2 adistal.1cocif
277.50 fef--t bo the Northwest cornoi: of thi it property described isi tb-at,Warranty Deed re(�orded
May 30, 199 as Instrument No 7929075 cni Ale in the ofEce of the Court?y Recorder for Ada-
County, fdal--to, thence along the Westerly h-le of said property described it', Instrunnent No, '.'792--"075 a
distanco cd79.40 foot afoiig the m,of a 66630 foot-'adius cuive to the left, said curve hkaviag a
ce.ntr& of 06'-49 40" and -a chord bearing South 23'-28'-(.`7" West a &,tavice of'79,3S feet to a
pcdnt, said point being flhe POIN'T OF BMNNIN-ki,
Thence a distance, of 55.71 fi-,ei, almng the a,'i-c-of a 666.30 foot ra,,.bms cur,7o Vo the left, said
nowe hwing a ccanti,-al an ale of 04'-47"'-26" and -a cho.yd 1--earhkg Soath 17-39'-35" West. a
distanceof 5.69 feed.to, apoim
'Fl-ionce North 74'-44'--OS,"" West -a distance, of 10.0"') feet to a point,
Thence a distand of 509,93 teet along flhe arc of-a non-tangent 676.30 t"bot
radius curve to th-e left, said curve havmg, a central angle of 43�1 2nG" and a ohordbeiring
South 06"-20'-j 1' E;a- st a distance of 497.94 feet to a point that bears South 0" NV'e.---4
rom Statio n 1414`7 72 of said Ifighway Survey,
a dii-stance of 69.!2 feet f
"'he I ence N.Tortb 86'-00'-10' East a distance of 6t-,'. 12 teef Eo a point ort the Centen-i-ne of State
High-way .5 5 at Statiou 141-17.72 of said Higfiivay Survey,
Thence along said 482.28 feet a1os.,.-g tlae are, of a rjon-tangent circulm' cirve to file
right., said curve having a radius of 1348.14 feet, a cho-rd beariag:, of North;0,6°-1 5'-U' East
aDd a chord distance of 47932 feet to a point at Station 146 + 00.CJ-'0 cif said High,,vay S'Jrve,,T;
Thesic.ecleparting said semerline North West a distance of 973.87 f�bet to a poim, on
0.ie westefly right-of-way of State Highway 55;
Thence TQ orth 58 10 -377 'Nest a distance of 70,-14 feet to the P0rNN-"l-' OF
The above described of;.andI , U e."C �,t n contairjs� 1.65 acres, fr,.o-.e or le�,,�s, s ib*.ea to a i i g
ea- senients and nghts,-of-way-
--—------------
HLED
Legal Deschplion CITY OF EAGLE
6 5, Acre Tract
Foge 2 of2 2004
ROYLNNICE, & ASS(
Prepoared By: -)CTATE-S P.A.
39) W. S'TATE STRI"FT, SUITE
f-.-',ACyL,fH-, ID-AF.0 83616
(208) 939-2824
(208) 939-2855 (FA,
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Recording Requested By and
When Recorded Return to:
City of Eagle
P.O. Box 1520 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8
Eagle, Idaho 83616 BOISE IDAHO 11/01104 09:48 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIilllllllllll III III
RECORDED-REQUEST OF 104138947
Eagle City
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 of Idaho ("Eagle"), by and
through its Mayor, and Lloyd Campbell ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 12700
Horseshoe Bend Road, Eagle, Idaho, ("Property"), as shown on Exhibit A ("Concept Plan") and
as specifically defined in the attached legal description (Exhibit B) which is the subject of an
application for Rezone identified as Rezone Application No. RZ-17-00; and
WHEREAS, the proposed development includes properties within an area currently
zoned A-R (Agricultural-Residential - one dwelling unit per five acres maximum); and
WHEREAS, the Applicant desires a MU-DA (Mixed Use with development agreement)
zoning classification for development of a retail project on the above described property, which
is herein referred to as the "Property"; and
WHEREAS, the City Council of Eagle has determined that the scope of any retail project
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
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 MU-DA (Mixed Use
with development agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
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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
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
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a MU-DA (Mixed Use 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 Agreement.
ARTICLE H
CONDITIONS OF DEVELOPMENT
2.1 A septic system (including the drain field) designed to accommodate a minimum of two
hundred fifty (250) gallons of flow per day and a maximum of five hundred (500) gallons
of flow per day shall be constructed wholly within the 1.09-acre site upon which the retail
building is situated. The applicant shall provide an approval letter from the Central
District Health Department of the entire septic system prior to the issuance of any
building permits for the site.
2.2 The site may be developed for the sale of the following goods listed below, with
restrictions as noted within this agreement:
-Agricultural products such as fruits, vegetables, grains and dairy products, and
associated foodstuffs meant for consumption off-site.
-Seasonal items including pumpkins and Christmas trees.
-Canned foods and preserves, honey,juices and similar items.
-Locally produced craft items, souvenirs, and collectibles.
-Tobacco, alcoholic beverages, fireworks, weapons and ammunition, adult-
oriented paraphernalia, "fast food" items and, video sales and rentals shall be
prohibited.
2.3 A restroom for the exclusive use of the employees of the retail building shall not be
g
located in direct sight of the general public. A sign shall be posted stating no public
restrooms are available on the premises and a lock shall be placed on the restroom door.
2.4 The maximum size for any individual commercial building shall be 2,000 square feet.
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2.5 The maximum height for any individual commercial building shall be 20-feet high, one
story.
2.6 The retail store will be allowed to operate during the hours of 8:00 AM to 9:00 PM, seven
days a week. Vendor deliveries are permitted between the hours of 9:00 AM and 3:00
PM, Monday through Friday only.
2.7 Parking shall be prohibited on both sides of Horseshoe Bend Road. The applicant shall
coordinate with the Ada County Highway District to install "No Parking" signs along
both sides of the roadway.
2.8 The applicant shall keep his property free of excessive accumulation of debris, litter,
produce boxes, and spoiled merchandise. Any and all storage of materials shall be
screened pursuant to Eagle City Code and approval of Design Review.
2.9 The owner shall submit a Design Review application for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of the Design
Review. Throughout the Design Review process the applicant shall allow a three-
member subcommittee of the Bogus Ridge Subdivision Homeowner's Association to
participate and make recommendations on the design of the site.
2.10The Concept Plan attached hereto and labeled Exhibit "A" represents the Applicant'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. Such changes, if
proposed by the Applicant, shall be reviewed as a part of the Design Review process.
2.11 Except as provided for herein the development shall comply with the Eagle City Code, as
it exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.12The applicant shall apply for annexation of the property into the Eagle Sewer District's
service boundaries and shall comply with all applicable Eagle Sewer District regulations
and conditions within 180-days upon the availability of a central sewer system in the area
surrounding the subject site.
2.13 A designated representative of the Bogus Ridge Subdivision Homeowner's Association
shall be copied on correspondence sent by the City of Eagle to Lloyd Campbell relating to
the development of the subject property.
ARTICLE III
AFFIDAVIT 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 67-6511A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
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ARTICLE N
DEFAULT
4.1 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.
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
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 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 - one dwelling unit per five acres maximum)
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
ASSIGNMENT AND TRANSFER
6.1 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
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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 of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Parap-raoh Headines. 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.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho 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.
7.4 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.
7.4 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
P.O. Box 1520
Eagle, Idaho 83616
Owner: Lloyd Campbell
12655 Horseshoe Bend Road
Boise, Idaho 83703
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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7.5 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED thisl-L"t—ay of ILA 2004.
••'`"'�����'''•., CITY OF EAGLE, a municipal corporation
�..•• OF Eq '•,
��.•,�� .••••••..' L '•,, organized and existing under the laws of the State of
s i:CrO�Y°R,4 •:: Idaho
_o
�s SEAL-;: By:
•.C" 4 m O Nancy errill, ayor
•j,Ap •.•ooOR omo°V
ATTEST: '•.,q TE,oF't���a•.
Sharon K. , City Cle
(�erIM onn
DATED this aO day of OC7'08L'A 2004.
B M
Y
Llo d Ca bell, Property wner
STATE OF IDAHO )
ss.
County of Ada)✓� �
On thisd�l- day of , 2004, 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 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.
,,,�q 11221511 4,
..���gl H OR1,o,,,� .•.
Notary Public for I ho ��
gR 90 Residing at:
* r S My Commission Expires: L-1-Lie-tD
pUB L1G 4-0
•.,9 • 0
••...••• 1ti �•'
•'oTF O F I�p•..•'
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STATE OF IDAHO }
ss.
County of Ada)
On this 01D day of , 2004, before the undersigned notary public in and for
the said state, personally appeared LLOYD CAMPBELL, known or identified to me to be the
owner of the property referenced herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
� l
S DER0ip .,•• Notary Public for Id4ho
, 0�••• Residing at: 1 �A
* N=T �
; My Commission Expires:
L I C
�yl,��y.NN•� 0 0
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INDEX OF EXHIBITS
A - Concept Plan of Property
B - Legal Description of Property
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