Development Agreement - 2020 - Warrior Park MOD (Liberty Park Subd) - 9/3/2020Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER PhD McGrane
BOISE IDAHO Pgs=5 KRISTINA LOWRY
CITY OF EAGLE, IDAHO
2020-121023
09/16/2020 10:16 AM
NO FEE
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 ROBt. RT L. WOOD ("Owner").
WHEREAS, Owner is the owner of record of certain real estate consisting of two (2) lots
(Lots 2 and 3, Block 1, Warrior Park Subdivision) located at 197 and 235 North Sauer River
Avenue, Ada County Parcel numbers R9234360030 and R92343600020 ("Property"), which is a
portion of the site subject of an application for rezone, identified as Eagle Rezone Application
No. RZ-01-15 MOD and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-01-15 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 Amended and Restated Development Agreement
recorded under instrument No. 2016-023970 are in, and shall remain in full force and effect, except
that, conditions of development 3.1 and 3.4 — 3.9, are amended as stated herein and a new condition
of development 3.12 is added.
WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property_ to
a development agreement (Exhibit A) pursuant to Foe City Code Section 8-10-1(CX1); 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 in the Amended
and Restated Development Agreement recorded under Jnstrufnent No. 2016-023970, the
modification is agreed to as follows:
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Recording Requested By and
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 ROBERT L. WOOD ("Owner").
WHEREAS, Owner is the owner of record of certain real estate consisting of two (2) lots
(Lots 2 and 3, Block 1, Warrior Park Subdivision) located at 197 and 235 North Sauer River
Avenue, Ada County Parcel numbers R9234360030 and R92343600020 ("Property"), which is a
portion of the site subject of an application for rezone, identified as Eagle Rezone Application
No. RZ-01-15 MOD and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-01-15 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 Amended and Restated Development Agreement
recorded under Instrument No. 2016-023970 are in, and shall remain in full force and effect, except
that, conditions of development 3.1 and 3.4 — 3.9, are amended as stated herein and a new condition
of development 3.12 is added.
WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to
a development agreement (Exhibit A) 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 concerns
that have arisen and for and in consideration of the mutual covenants contained in the Amended
and Restated Development Agreement recorded under Instrument No. 2016-023970, the
modification is agreed to as follows:
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ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.1 The maximum density for the Property shall be 4.75 dwelling units per acre.
3.4 Development of residential uses on the Property is permitted and future conditional use
permits for residential development will not be required.
3.5 The Owner shall submit an Alternative Method of Compliance Request Form with a
Design Review Modification application to address the required buffer area located along
North Park Lane on Lots 2 & 3, Block 1. The Alternative Method of Compliance Request
Form and Design Review Modification application should be reviewed and approved by
the Design Review Board and City Council prior to issuance of a building permit.
3.6 The single-family dwellings shall be constructed utilizing "Craftsman" style architecture
(Exhibit D [attached to Instrument No. 2016-023970]). The two-family dwellings shall be
constructed utilizing a style of architecture as shown on "Exhibit D-1 (attached herein)."
3.7 [DELETED]
3.8 The setbacks (measured from the property line) shall be as follows:
Front: 20-feet/living area, 25-feet/garage (front load)
Rear: 15-feet
Side: 5-feet (first story)/(additional 3 feet per story, measured to the second
story)
Street Side: 20-feet
Lot 2-5, Block 2
Front 20-feet (Measured from property line dividing shared driveway)*
Rear 15-feet
Side 5-feet
Street side 12.5-feet (south property line)
*All garages shall take access from the shared driveway
3.9 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all community and
privately owned landscaping, pressurized irrigation facilities, and amenities. The
owner shall provide an operation and maintenance manual, for the pressurized
irrigation facilities, including the funding mechanism as an addendum to the CC&Rs
and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowners association or other entity
cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as
wrought iron, extruded aluminum (looks identical to wrought iron), or other similar
decorative style fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall
be prohibited. The residential lot located adjacent to the commercial lots is permitted
to have solid fencing located adjacent to the south property line and not to encroach
into the front yard.
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(c) A requirement that in the event any of the CC&Rs are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government
rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules,
regulations, laws and ordinances of all applicable government bodies. In the event a
governmental rule, regulation, law or ordinance would render a part of the CC&Rs
unlawful, then in such event that portion shall be deemed to be amended to comply
with the applicable rule, regulation, law or ordinance.
3.12 The Owner shall provide a recorded supplement to the CCRs which indicates that Lots 2
and 3, Block 1, are incorporated into the CC&Rs as a residential use. The recorded
supplement to the CC&Rs shall be provided prior to issuance of building permits.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The Amended and Restated Development Agreement, Instrument No.
2016-023970, 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 this
day o
Sharon I�l,/13ergmann, City Cle
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of Idaho
By:
J Pierce, Mayor
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By:
Robert L. Wood
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STATE OF IDAHO )
ss.
County of Ada)
On this 'b day of C)i . 2020, before the undersigned notary public in
and for the said state, personally appeared ROBERT L. WOOD, known and 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.
ry Public for Idaho
Residing at: E1?/
My Commission Expires: 2r
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STATE OF IDAHO
County of Ada
EXHIBIT "A"
Affidavit of ROBERT L WOOD
AFFIDAVIT OF LEGAL INTEREST
)
ss.
ROBERT L. WOOD, who being first duly sworn under oath, deposes and says:
I. 1 am ROBERT L. WOOD, whose mailing address is 605 Diamond Street, McCall, Idaho, 83638
(Robert L. Wood').
2. Robert L. Wood is the fee simple owner of the 197 and 235 North Sauer River Avenue, Eagle,
Idaho, 83616 (the "Property").
3. Robert L. Wood authorizes the submission of the Property to certain Development Agreement
dated the 3 day of , 2020 pursuant to the provisions set forth in Idaho
Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a
municipal corporation in the State of Idaho, (the "Agreement").
DATED this 3 day of'SA* m2U2020.
By: Robert L. Wood
By.
Robert L. Wood
SUBSCRIBED AND SWORN to before me this J day of S e kYYI b( 2020.
Notary blic for Idaho
Residing at E Idaho
My Commission expires Z 12— l n 1.Z
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