Development Agreement - 2011 - Eagle Island Crossing MOD 2 - 9/28/2011 ADA COUNTY RECORDER t,l...stopher D. Rich AMOUNT .00 5
BOISE IDAHO 01/26/12 01:23 PM
DEPUTY Lisa Batt
RECORDED—REQUEST OF III IIIIIIIIIIIIIII1IIIIIIIIII1II11 III
Recording Requested By and Eagle City 112007678
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, 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 Island Crossing, LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located within Eagle,
Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)which is
the subject of an application for a Rezone modification identified as Rezone Application No. RZ-
08-03 MOD2; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned MU-DA (Mixed Use with a development agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 105007541 and Instrument No. 108130290, are in, and shall remain in full force and effect,
except that, conditions of development 2.7, is amended as stated herein.
WHEREFORE, the Owner 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 in the
Development Agreement recorded under Instrument No. 105007541 and Instrument No.
108130290, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-
lieu of the PUD (except as conditioned in 2.12 below). Except for the limitations and
allowances expressly set forth above and the other terms of this Agreement, the uses
which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Page 1 of 4
K:\Planning Dept\Eagle Applications\RZ&A\2003\RZ-08-03 MOD2 da cc ver.doc
Regulations" shall be considered permitted uses on Lots 5 and 8, Block 2, except that
the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors)—Note: see item 2.8 below
Commercial entertainment facilities (outdoors)—Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events—Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage (fenced area)
Street fair
Trade fair
Page 2 of 4
K:\Planning Dept\Eagle Applications\RZ&A\20O3\R.Z O8-03 MOD2 da cc ver.doc
Travel services
Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice
cream, or deli sandwich shop), shown on the Eagle Island Crossing Site Plan (Exhibit
"D") as Building "L", which is a prohibited use within said section of Eagle City
Code and on the entire Property as noted above, shall be permitted with this
development agreement.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 105007541,
and Development Agreement Modification, instrument number 108130290, remains in full force
and effect except as modified in Article I herein."
Effective Date. This Development Agreement Modification shall be effective after delivery to
each of the parties hereto of a fully executed original of this Development Agreement
Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED thiso 8 day of- f "i 2011.
CITY OF EAGLE, a municipal corporation
... """,,,,,, organized and existing under the laws of the State of
••` p,O L E ''s
..%*4ti ••.....•• •. Idaho
o . PTE •: ;
� i pt r By /f
v; ° A Q . times D. Reynolds, ayo
• q .
asp*%••�•�w••••••�A
ATTEST: ST P;'
v'�1[1111111111''•}
Sharon K. Bergmann, City Cl: k
By: Eag�� ' . � , ro.sing, L C
J. Thomas Ahlquist, raging Member
Page 3 of 4
K:\Planning Dept\Eagle Applications\ Z&A\2003\RZ-08-0J MOD2 da cc ver,doc
STATE OF IDAHO )
: ss.
County of Ada)
On this day of,4, 2011, before the undersigned notary public in and for
the said state, personally appeared JAMES D. REYNOLDS, 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.
mid Ae"
'^ . otary Pu ic ,r ,•a
Residing at: / I _,/
J ' My Commission Expires: aI / - /S
STATE OF IDAHO )
: ss.
County of Ada)
On this day ofLY- al(0 j(X , 2011, before the undersigned notary public in
and for the said state, personally appeared J. THOMAS AHLQUIST, known or identified to me
to be the Managing Member for Eagle Island Crossing, LLC, 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.
‘%�14 S S I IDgg1
‘.0601
qh ti
Not! Publi or Idaho
• E Residing at: aria,(I,Olii v - rk0
PuB\-`"' /9 4 My Commission Expires: 11 25 11
i+);.......OF\
TE
Page 4 of 4
K:\Planning Dept\Eagle Applications\RZ&A\200J\RZ-08-0J MOD2 da cc ver-doc
EXHIBI I "A"
LEGAL DESCRIPTIONS OF PARCELS
Lots 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11,Block 1 and Lots 1, 2, 3, 4, and 5, Block 2 of the"Final Plat
Showing for Arts West Subdivision" approved by the City of Eagle and recorded with the
County Recorder of Ada County, Idaho,which will be recorded contemporaneously herewith, all
of which are included within the property more specifically described below:
A parcel of ground being all of Lots 5,8 and a portion of Lot 6 Block 2 of Amended Flint Estates
Subdivision as recorded in plat Book 45 At Page 3713,Ada County,Idaho and situated in a portion of the
NE1/4 of the SP1/4 Of Section 12.Township 4 North,Range I Vest Boise Meridian,City Of Eagle,Ada
County Idaho and more particularly described as follows:
Beginning at a 5/8 inch rebar marking the intersection of the East line of said 551/4 and the Not tb rightoof-
way line of State Highway 44,from which a aluminum cap monument marking the Northeast corner of said
NE1/4 bears N00°16'03"13 a distance of 1220.15 feet,
Thence along said North right-of-way line.389°14'07"W a distance of 1216.75 feet to a 518 inch rebar
marking the intersection of said North right-of-way line and the hue common to Lots 4 and 5 of said
Block 2;
Thence leaving said North right-of-way line and along said common line N00°05'35"W a distance of
360 48 feet to a 5/8 inch rebar marking the intersection of said common line and the South line of Lot 3 of
said Block 2;
Thence leaving said common line and along the line common to said Lots 3 and 5 N89°0954"5 a distance
of 12104 feet to a 5/8 Inch rebar marking the corner common to said Lots 3,5,and 6;
Thence leaving said common line and along the line common the said Lots 3 and 6 N00°0349'W a
distance of 83 57 feet to a 518 inch rebar,
Thence leaving said common line N88°52 40"W a distance of 142-60 feet to a 5/8 inch mbar;
Thence NO0°4524"W a distance of 77.80 feet to a 5/8 inch rebar;
Thence N42°51'49"E a distance of 19 49 feet to a 5/8 inch rebar;
Thence N891426'13 a distance of 93.38 feet to a 5/8 inch rebar;
Thence N00°45 44 W a distance of 275 95 feet to a 5/8 inch rebar;
Thence along the South right-of-way line at-Faint Drive the following courses
N79°14'24"E a distance of 149 38 feet toe 5/8 loch rebar;
along the arc of a curve to the right having a radius of 100.00 feet,an arc length of 61.87 feet a central
angle of 35°2648"and a chord bearing 583°02'12"B a distance of 60 88 feet to a 5/8 Inch rebar,
565°18'48"E a distance of 112 63 feet to a 5/8 inch rebar marking the intersection of said South right-
of-way line and the line common to rots 6 and 7 of said Block 2;
Thence leaving said South right-of-way line and along said common line S06°35'15"W a distance of
42452 feet to a 5/8 inch rebar marking the comer common to said Lots 5,6 7,and 8;
Thence leaving said common line and along the line common to said Lots 7 and 8 N89°09'54"E a distance
of 652 13 feat to a 5/8 inch rebar marking the intersection of said common line and the West line of the
Colony Subdivision as recorded In plat Book 79 at Pages 8524 through 8527 Ada county,Idaho also being
said East line of the SB1/4;
Thence leaving said common line and along said West line SO0°16'03"W a distance of 362 08 feet to the
POIN7 OF BEGINNING
Said parcel contains 623,356 square feet or 14.31 acres more or less and is subject to all existing easements
and rights-of ways of record or implied
END OF L.EOAL DESCRIPTION LAND
Kevin N Sorensen,P L S 11120 �,
Timberline Surveying •
847 Park Centre Way,Suite 3 `' 1,� "�
Nampa,Idaho 83651 X15
(208)4655687 , �O e