Development Agreement - 2012 - Pony Hollow Subd - 11/5/2012 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9
BOISE IDAHO 04105113 02:58 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111141111
Recording Requested By and RECORDED-REQUEST OF 110656
When Recorded Return to: Eagle City
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 of Idaho ("Eagle"), by and through its
Mayor, and David A. and Linda L. Wilhite. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1655 West Beacon
Light 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-02-11; 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 uses on the above described property, 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 Owner'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 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 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
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
Page 1 of 6
K.\Planning Dept\Eagle Applications'RZ&A\2011\A-01-11&RZ-02-11 Wilhite da cc fnl ver.doc
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference;and
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 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(1)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 The applicant shall address all site specific conditions of approval and standard conditions of approval
of the parcel division application and present a mylar ready for signature by the City Clerk prior to the
adoption of an ordinance for annexation and rezone of the subject property.
3.5 The owner shall work with the City of Eagle Building Department to obtain a certificate of occupancy
for the residential portion of the barn. The certificate of occupancy shall be obtained within 90-days
following the approval of the annexation and rezone ordinance. Should a certificate of occupancy not
be obtained within the 90-day timeframe the City will move forward with enforcement of the building
code violation(conversion of the barn to a residence without a building permit).
3.6 Prior to the approval of an annexation and rezone ordinance the applicant shall pay all fees associated
with the rezone and parcel division applications pursuant to Eagle City Code 1-7-4.
Page 2 of 6
K\Planning Dept\Eagle Applications\RZ&A\2011\A-01-11&RZ-02-I 1 Wilhite da cc PoI ver.doc
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement(Exhibit C)and be bound thereby, and comply with
and be bound by 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.
ARTICLE V
DEFAULT
5.1 In the event the Owner 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.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-
R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing
the property to the A-R(Agricultural-Residential)zoning designation.
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 of this 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 Owner(s)
(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 Owner. 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
Page 3 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2011\A-01-11&RZ-02-1 I Wilhite da cc fnl ver.doc
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 bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 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.
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 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.
8.4 Legal Representation. Both the Owner 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: David and Linda Wilhite
1655 West Beacon Light 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 of this
agreement by both parties.
Page 4 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2011\A-01-11&RZ-02-11 Wilhite da cc fnl ver.doc
8.7 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 ,.. day of/waait,012.
•... �•'•t,,,
••••.•�OF
E A CL .,..` CITY OF EAGLE, a municipal corporation organized
O^,': v okATF'; t an. xistingunderthe l,Jfthe State of Idaho
•
t C •' :mes D. Reynolds, ay�,
p n .
' m 4, i
Q
'••A TEST: -, . E OV •*
—_ ► .I�1_
I "_ 4i.
Sharon K. Bergmann, City Clerk
OWNF
By: 0. C, .
D.vi� A. Wilhit- /
By: /1// -�/I I ,�_ ` ./.__
IF .a.L. Wil it
STATE OF IDAHO )
: ss.
County of Ada )
On this 5 day of NO'€'Y..b& , 2012, 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 WHE ,RVAIP'i'M1?Ib ereunto set my hand and seal the day and year first above
written. •'''.�b��O0 • S •��, /`-41 ‘- . Li
• *
O e) �..Oa .4 otary Pub fi aho /
y ,�► $esiding at:
'•• *%, AZl JQ y Commission Expires: D �/
,'• •••••••••• •,0 .�.
.••••,•N 4o g.O,0,.•
Page 5 of 6
K:\Planning Dept\Eagle Applications\RZ&A\2011\A-01-1 I&RZ-02-II Wilhite da cc fnl ver doc
STATE OF IDAHO )
. ss.
County of Ada )
k
On this U day of -31111 , 2012, before the undersigned notary public in and for
the said state, personally appeared DAVID A. WILHITE, known or identified to me to be the Owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
so's - 1/4
�•.•*• •'% At Notary Public for Idaho
O'S KR Y ; 4( Residing at: EAR 1e, 1'./ 4*
"' { dor.� G My Commission Expires: S-26-ic
•
• �
S P u$tip .'
So.* TE O� s.••'
•••nsnws•••
STATE OF IDAHO )
: ss.
County of Ada )
On this f 'day of it, , 2012,before the undersigned notary public in and for
the said state, personally appeared LrICIDA L. WILHITE,known or identified to me to be the Owner 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.
Notary Public for Idaho
••••ash•
00'1,04•• L N••.,� Residing at: EA.)ltd 1-.A
4OQ, .••••••�C,f'•. My Commission Expires: 5-- 26- K
•• `' �' •:fit' �'•
••
•
pUBL1G `"
�•.,
OF ID P,,,,
•••••nssss••••
Page 6 of 6
K:\Planning Dept'Eagle Applications\RZ&A\2011 W-01-11&RZ-02-11 Wilhite da cc lid ver.doc
Exhibit "A"
RECEIVED & FILED
CITY OF EAGLE
N
N, E
`
DTP SURVEYING, LLc 2011
c
d u mmsn.com
Professional Land Surveyor 11o:Prohaska Ct.
s R Ft0:
November 7,2011
WILHITE ANNEXATION DESCRIPTION
RUT to R-E-DA
A parcel of land located in Government Lot 1 of Section 6, T.4N.,R.IE-,B_M.,
Ada County,Idaho,more particularly described as follows: Commencing at the
Northeast corner of said Section 6,from which the North t/4 corner of said Section bears
N 89°17'30"W,2646.55 feet; Thence along the East line of said Section and the West
line of Pony Hollow Subdivision,as same is recorded in Book 96 of Plats at Page 11823,
records of Ada County,Idaho, S 00°24'03"E, 375.97 feet(record S 1°08'50"E,375.90
feet)to a 5/8"rebar and the REAL POINT OF BEGINNING.
Thence continuing S 00°24'03"E, 889.96 feet(record S 1°08'50"E, 890.00 feet),
to the Southwest corner of said Pony Hollow Subdivision;
Thence N 89°57'12"W,489.73 feet(record N 89°17'44"W,489.62 feet)to a
5/8"rebar;
Thence N 00°23'46"W, 889.87 feet(record N 1008'5V W, 890.00 feet)to a 5/8"
rebar;
Thence S 89°57'48"E,489.65 Feet(record N 89°17'44"E, 489.62 feet)to the
Point of Beginning. Containing 10.00 acres,more or less.
' y t o "��
i.
is
dt J -!!1! 0
CONCEPT PLAN
Exhibit "B"
•
I�W
® BASIS OF BEARING
--yy N 89'17'30" W 2646.55'la
a _ S311/4 E 1/16 a W. BEACON LIGHT ROAD 5N.S311S32
S6 1323.30',� 833.0 '., NOS iril 489.70' T. 4N.S6 S5
`,,, O
. �Q' 2,00
;33 -.. GQ O' w. ory r.
CC 2 W O i(]
•
rn
._ ZZ ^ m
NM vi
3 _J w N `C1
p M
CO
3z
l''') 0 OW O
w
0 M N
y
O
z
N
O
O
N
Y'
co U
d 220.72' OQ 268.93' 0_
•
" 01 S 89'57 ,8 E 489.65'
ti P 15.00' (N89'7'44"E 489.62')
Q p
7'hQ v �,
n•
l
'o
oo J z
Ow W ._w I'��
IX M Z N 4A 0
J N W V Q
O
4.1 w or Q o 0
n 3 3 a 'n n u C�
~ O 1
Z 'Co O
J o •0 EE
CO rn O OUp p QV
ll,V W
'\ n 41--- 002 >,,,Z
� o a� z ,� S 88'08'46" E 170.Oo' .
c0 .11
v oap 15.08' rp �^ o co 0
m p 4 om ryrn,\m O
3 a ,1b•y11 l,J
o: w
co dam' M
O. p
o N O
—0 9 ci o
J
w p
VI Z O
Q
CC
O
j 40.00
ro
J IX
W 0
V
Q 00
CL N
M
It lf
N
0 .S.oQ� C-
NE 1/16 o tDNl1/16 = _
(�, 2
N 89'42'26" E
`v 832.78' N 89'57'12" W 489.73' C -<
ACADEMY PLACE (N89'17'44"W 489.62') C
era
•
P11
N D
o
r
M
Exhibit "C"
Affidavit of DAVID A.AND LINDA L.WILHITE
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
DAVID A. AND LINDA L. WILHITE, who being first duly sworn under oath,deposes and says:
1. We are David A. and Linda L. Wilhite, whose mailing address is 1655 North Beacon
Light Road,Eagle, ID, 83616.
2. David A. and Linda L. Wilhite are the fee simple owners of the parcel of real property
described on Exhibit 1,attached hereto(the"Property").
3. David A. and Linda L. Wilhite authorizes the submission of the Property to certain
Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the/Z..4 day of h'1a•;;k , 2013 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and David A.and Linda L. Wilhite(the"Agreement").
DATED this l L} 'day of ,2013.
( U4Z2._
David A. Wilhite
1 -
By: J A 1 2 ,1A /
inda L. Wi hite
SUBSCRIBED AND SWORN to before me this 1214 day of MAroh ,2013.
44e_ e—ll
oso,•""•,,,,,,,,� Notary Public for Idaho
•0 4't N;Nie '•,� Residing at boil to. ,Idaho
•••,�'� ', My Commission expires S-t6-/s-
ir co ‘4,0TAI •
•
G
PUBL1
•�' ~••••...•• •.
Page 1 of 1
IC\Planning Dept\Eagle Applications\RZ A\2011\A-01-11&RZ-02-11 Wilhite da affidavit.doc