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Development Agreement - 2021 - Moss Creek Sub - 3/9/2021
ADA COUNTY RECORDER Phil McGrane 2021-102678 BOISE IDAHO Pgs=21 BONNIE OBERBILLIG 07/07/2021 01:50 PM CITY OF EAGLE,IDAHO NO FEE Recording Requested By and When Recorded Return to: 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 URBAN SOLUTIONS,LLC. ("Owner"). WI-REAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos. SO411437900, S041 1346600, and SO411346750, ("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-06-20; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-Urban Transition—Ada County designation);and WHEREAS, the Owner desires a R.-5-DA-P (Residential with a development agreement PUD) zoning classification to develop a residential use on the above described property, which is herein referred to as the "Property";and WHEREAS, the Naming and Zoning Commission and the City Council of Eagle have determined that the scope of any commercial 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-5-DA-P(Residential with a development agreement --PUD) 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 B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page 1 of 8 K_Warning Depticagle Arpiicati;;rs\F:eiiminaly Develocrieat Plans,102r'.4osse;xk Sub da r:Cnl vex.dec Recording Requested By and When Recorded Return to: 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 URBAN SOLUTIONS,LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos. SO411437900, SO411346600, and SO411346750, ("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-06-20; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-Urban Transition—Ada County designation);and WHEREAS, the Owner desires a R-5-DA-P (Residential with a development agreement—PUD) zoning classification to develop a residential use 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 commercial 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-5-DA-P(Residential with a development agreement—PUD) 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 B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page 1 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub 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 R-5-DA-P (Residential with a development agreement — PUD), 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 ON DEVELOPMENT 3.1 The maximum density for the Property shall be 2.59 dwelling units per acre(56 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and fmal 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 C)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 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, fencing, and amenities. The owner shall provide an operation and maintenance manual 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 ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (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 Page 2 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc 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. 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a fmal plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"E". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. 3.9 Owner shall comply with all pathway requirements as identified in Exhibit F. All pathways shall be constructed prior to the City Clerk signing the first final plat. Owner shall provide a non-exclusive easement along the irrigation canal within the area shown in red on Exhibit F. 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 B) 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. Page 3 of 8 K:\Planning Dept\Eagte Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc ARTICLE V DEFAULT 5.1 In the event the Owners fail 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 Owner, and its 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 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. Page 4 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc 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: Urban Solutions,LLC Attn: Steve Hart P.O. Box 1304 Eagle, Idaho 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 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees,together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the fmancial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the fmancial Page 5 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material respect,the City may,without further notice to Owner,exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.9 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. 8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. IN WITNESS WHEREOF,the parties have executed this Development Agreement. DATED this day of/ i JLr 021. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho N,, By: tttt ego ••.• OF EAGi •,,� J so 'fierce,Mayor .� ,,,,,,• F •, TEST: •'�•�1�•'�QORAp•� ,.'Z . , 1 -‘ •• c F racy E sborn, City Cletc •, Sft AL,s`;p ••, Ji,•�,,,,.•••.P ,#'•.'9• OF l ,0 Page 6 of 8 K:\Planning DepfZ, flak reliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc URBAN SOLUTION LLC, an Idaho limited liability company By: v Steven Hart,Member STATE OF IDAHO ) . ss. County of Ada ) ZOZI /441 -0 On this 2„d,day of lc- .In , 2929,before the undersigned notary public in and for the said state,personally appeared STEVEN HART,known and identified to me to a Member of URBAN SOLUTIONS, LLC, an Idaho limited liability company, 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. B R I A N D O K E Notary Public for Idda o Commission No. 68678 Residing at: VIA ern d I (A" Notary Public, State of Idaho My Commission Expires: /0 —f9 2 -Z�LZ My Commission Expires Oct. 19, 202 Page 7 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Proposed Exterior Fencing Plan E - Building Elevations F - Pathway Requirements Page 8 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da cc fnl ver.doc Exhibit "A" 9955 W Emerald St �► IDAHO Boise, ID 83704 isc SURVEY phone: (2 t9713 ED Fax: (208 '884 3 ` LE GROUP MAY 2 2 2022il Moss Creek File: Boundary Description Route to: October 9, 2019 A parcel of land being a portion of the SW 1/4 and a Base Meron of idian, 1/4 of in the Section 11, Township 4 North, Range 1 West of th City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of North 8gp27,�5frWesth5253.73 feet; h the Southwest corner of said Section 11 bearsSection 11, thence along the South line of the SE 1/4 of the SE /4 of of said}Sect on 11; thenceh corner 89°27'32"West, 1313.70 feet to the East 1/16 of said Section 11, North along the East line of the SW to�he Southeastof the SE 1/16 corner of said Section 11, 00°40'33" East, 1,323.59 feet also being the Northeast corner of Eaglefield Village Subdivision, thence filed the North in Book 114 of Plats at Pages 16805-16807, Ada County Records; line of said SW1i4 of the SE 1/4, also being the 98 feet to the Northwest line of said icorner of eld Village Subdivision, North 89 2512, Wes , said Eaglefield Village Subdivision and the REAL POINT OF BEGINNING; South thence along the West line of said Eaglefield Villagene efSubdivision, hbt ivis on Soparuth 00°40'23" West, 572.68 feet to the exterior boundary el described in a Quitclaim Deed, recorded as Instrument No. 106021555, Ada County Records; thence along said exterior boundary line the following six (6) courses and distances: North 66°30'18" West, 413.92 feet; North 75°55'57" West, 25.02 feet; North 36°31'10" West, 53.63 feet; 1 North 77°59'42" West, 443.56 feet; North 83°43'45" West, 347.67 feet; North 84°50'58" West, 224.33 feet; thence leaving said exterior boundary line, South 00°32'44" West, 951.26 feet to the Northerly right-of-way line of West State Street (State Highway 44); I DA H O 9955 W Emerald St ISG SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 thence along said Northerly right-of-way line, South 86°40'23" West, 20.05 feet to the exterior boundary line of that certain parcel described in a Personal Representatives Deed, recorded as Instrument No. 2017-036648, Ada County Records; thence along said exterior boundary line the following two (2) courses and distances: North 00°32'44" East, 717.60 feet; North 89°27'29" West, 933.81 feet to the exterior boundary line of that certain parcel described in a Quitclaim Deed, recorded as Instrument No. 112138082, Ada County Records; thence along said exterior boundary line the following two (2) courses and distances: North 00°32'44" East, 457.82 feet; South 89°26'46" East, 297.00 feet to the Southwest 1/16 corner of said Section 11 and Southwest corner of The Preserve Subdivision No. 3, as filed in Book 108 of Plats at Pages 15317-15319, Ada County Records; thence along the North line of the SE 1/4 of the SW 1/4 of said Section 11, also being the South line of said Preserve Subdivision No. 3, South 89°26'12" East, 1313.69 feet to the Center-South 1/16 corner of said Section 11, also being the Southwest corner of Eaglefield Estates Subdivision No. 1, as filed in Book 100 of Plats at Pages 13150-13157, Ada County Records; thence along the North line of said SW 1/4 of the SE 1/4, also being the South line of said Eaglefield Estates Subdivision No. 1, South 89°25'12" East, 786.46 feet to the REAL POINT OF BEGINNING. Containing 21.60 acres or 940,750 square feet, more or less. End of Description. 0,\ tAND, \GENS`�49G�� 1fi• *11 yI S. G ~\ { EXHIBIT "B" Affidavit of STEVEN HART on behalf of Urban Solutions, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) STEVEN HART,who being first duly sworn under oath,deposes and says: 1. I am STEVEN HART, who is the President of Urban Solutions, LLC, whose mailing address is P.O. Box 1304,Eagle,ID, 83616("Urban Solutions,LLC"). 2. Urban Solutions, LLC, is the fee simple owner of the parcel of real property described on Exhibit A,(the"Property"). 3. Urban Solutions, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the 7,day of (Y1,1—r)IA, , 2021, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Steven Hart, Urban Solutions,LLC (the"Agreement"). DATED this,day of )11A n Ac -(,(A__ , 2021 By: Urban Solutions,L By: Steven Hart, President SUBSCRIBED AND SWORN to before me this day of YUAcArak_ , 2021. Notary u is or aho BRIAN DQKE Residing Commission No. 68678 g at V�Prl C! ' ,Idaho Notary Public, State of Idaho My Commission expires / /6l—ZOZZ My Commission Expires Oct. 19, 2022 Page 1 of 1 K:\Planning DeptEagle Applications\Preliminary Development Plans\2020\Mosscreek Sub da affidavit.doc RECEIVED& FILED CITY OF EAGLE • - /. — tl .,,/ '! • -•- 11..+'in•-- %. -�i.wlrw•,a1}. .� .,�.. . ;,�„• j - --- .. •1, I - milimi. . II TOTAL ACRES.. _._... .. .. 2160 AC t it TOTAL LOTS........ 64 wl COMMON/OPEN SPACE LOTS ... 8 I� SINGLE FAMILY LOTS .. .. 56 • ( MINIMUM BLDG.LOT SIZE...... .. 7,530 SQUARE FEET I--+ OVERALL GROSS DENSITY ..._. _.._ 2.64/ACRE PROPOSED ZONING... .....-... .............. .. R5 Cr REQUIRED OPEN SPACE 20%. . 4 32 ACRES 1� PROPOSED OVERALL OPEN SPACE .., .. 193.814 SF OR 4.45 AC(20.6%) r-7- r. 4, II r) ii Preliminary Development Features II -- - Li PROJECT S0II7 Site Location Map - DEVELOPER ENGINt i R SURVEYOR LANDSCAPE ARCHITFrT Ma Ceittk <}1 it. (ciligTilagaia-l .•....w u.•n• w:Mt w. ."7'.w.•.1•or•c y■ .as•.•r. iarf W•iii nail•0 LIAM 1.w.- �"� f i-till O.M..t.. A B C D E F 0 11 I J K L M N O P up.,�� 1 1 I t_1 v, I %.O f01 y0: „ _ IFD/FIROFO TT • P ,y ncrA.'nco.A _ ',auiurtw.. 2 F i o0 0 I I 1 I I i C ,/ 0 o 0 1 00 00 00,, 00 00 1 0 , . 0 ap+ � r. i I I 10 `. I I I 1 I I '',1 I I I I 3 1 �O O 6 • 0 O "` -O - 1 1 1 I 1 1 1 1 1 1 1 -- 7� .� a\�, ,T III —— __ O 3 � A m O P t - ' ' I 1 ;7 I l O I I p C / O :«owe:,,: ` -_.—.. _...� lid 5 i I 8 n I 1 V t v 7 ,1` •NDSCAPE AREA MAP r.Nz riThni_ir____T• 7 CITY REQUIREMENTS: Ii NOTE.DITCH EASEMENT OR ACED STORM DRAW AREA(DE)-0 TREES REQUIRED € 11,10,LOT CT.MR»-� fflf K.M..,i.. n S LEGEND: TmALTIv:61'.A1 li.1-..: ••rJ.Me,oTUA" �""� QI CO g 0 Z rmr COMMON OPEN SPACE LOT L BLOCK .UTr. e s PIaDeeo CA) O 12062/2 .TOTAL I Oa4E LOT•» MOLE! IVOMIOTAL M9A554A9OIRO D 9 - M EN.MINE M A¢ ]l• 14 ¢I•Raf�Tfl•rICM OlA1111 O 9 1A AREA WITHIN DITCH EASEMENT OR ACHD STORM12012-1 DRAIN POND-NO TREES Al LOWED '0 LOT•,a0¢A f.M./s.Mr R. 4.A4¢AASD EM pi "�-�` PROPOSED 6'I-GT.SOLID VINYL FENCING M PLOY..A 4,#, D a »TOTAL npOUQ ' .WROUGHT HT IRON FENCING UG LOT •LaCK A-Alf.Y TOTAL10 -11T.r.IOW OF MO : ER.MOEN. PROPOSED 6 IGT WGRAM M.�C•1161 MIAOr\'S D 10 Il EXISTING FENCING TO REMAIN »TOTAL P94PO0•12 ' LOT A,CLOOF A-UY Y. 2 OFF•MOWN. qq LOT!!LOOK.IMA Y• •YUC[TM.rTOrcAAo ORAMN IT` n Y¢0e T'w5„'0K0 It TT M TOTAL •AlRIM AK.Al 1 11 LOT IIeL004•-NM!W TOTALTWEE M 01 Ro °°`O ¢ R e WM.MM•YA!¢ N WADE TRFAr*OIN.CE w,m1ELLILAL 10521tlFOIIFD mOJFCI omen Y b-OI• y lore F *�n•wrlonu T YE MED IIIEFT: u e icisnw'�ilno.Da+v.us.°�Iv TOTAL 4 lF.AA[6lNRYrtD.TTK..,FD. L2.11 12 MR SHAM TN. 12 $ p A B C D E F G H I J K L M N D P II Exhibit "E" •- ' ' '......______.,...'." . . i. .. . , • ,,, •.44.444......,... . 47:1. ..4"-.. ..i.i ..... ....... -7-1__ • . . I -; ... ..,..., 7.... 4,, .. I •, •-. . , . t•Z''''.• .. - . -' ' ' ,:7;1,k) „Ii if, :... ',.-'''...II.''. :4:-:;s:rti ,- , - -... -.-,. ,;& 11'... . - - [ . , z, OINII • -- i •,'., :-.---. ,, ,.., 2 r- ' 'r.'-' t.2.7!:.';', --;: ,,•, . -.i.,: ,,', ., • . „':. .-!;,• 1''' :-.. -,` . '....- ...-,, - i-,....,J .., .;,., ..,... . , ,--.. -....'''. '`'.2. ,..Y i•ii ''' 1 " ..0' t• •4 _.,, ... lill . r.-- - - . * ' '' .. ■ , ...., • , . ' ma -0. 0 111111/ 4 ..., l' , , ...0 .... - , -.. • ' , . . .' I . '' ' r.•:'.• , . , , = = ii _ 4 .' . , . , •.. A -" ., . V' ,. .. . . „.: t..„ ..._... , Exhibit F Mosscreek Subdivision 1. PUBLIC ACCESS EASEMENT(S): The developer shall provide a 25-foot wide public pathway easement to include the alignment in RED in Figure 1. If the pathway cannot be located in the canal easement, a public pathway easement shall be granted to ACHD for the 8-foot detached sidewalk in BLUE in Figure 1. Easements shall be submitted to the City prior to submitting a final plat application. 2. PATHWAY: Alternative 1 -- The developer shall provide and fully constructed 10-foot wide concrete pathway connecting to the paved access in the adjacent development at the eastern boundary. (See Figure 2 for existing paved connection.) This pathway shall route through Block 1 and Block 4 in the approximate alignment shown in RED in Figure 1, which is to end at the western boundary in Lot 26 and end in a cul-de-sac design. The pathway shall be constructed, and a survey depicting the location of this pathway within the easement must be submitted to the City, prior to the City Clerk signing of the final plat. Alternative 2-- If the public access easement cannot be located on or in the canal easement, a copy of the exclusive easement shall be provided to the City. In that event, the detached sidewalk that is planned along the northern boundary is shall be widened to 10-feet. The pathway shall be constructed, and a survey depicting the location of this pathway within the easement must be submitted to the City,prior to the City Clerk signing of the final plat. ! M. 01 i► 1" . j�!+ ft$ �!! i. .7 I t „ sr. .• e• •• I •• Tar, Obi Om rr •lrLA./ w. 1E1; :. ti is • • Figure 1 Figure 2 3. MAINTENANCE: The developer and future homeowners association shall provide maintenance of the pathway in perpetuity. 4. CONSTRUCTION: The pathway shown in the RED alignment in Figure 1 shall be constructed as described in the Concrete Pathway Construction in Figure 3. If that pathway cannot be built in that location,the widened -foot pathway in BLUE shall be built to the ACHD standard for sidwalks. (See Figure 4 of this section.) CONCRETE PATHWAY CONSTRUCTION KEY NOTES: • INSTALL A 24-INCH (DEPTH) BIOBARRIER ALONG BOTH SIDES OF THE PATHWAY IN ANY AREA WITHIN 15-FEET OF A TREE DRIP LINE OR 30-FEET FROM ANY TREE TRUNK. WHICH EVER DISTANCE IS GREATER. NO BIOBARRIER IS TO BE PLACED WITH A RUNNING-LENGTH OF LESS THAN 30-FEET. AND NO GAPS OF LESS THAN 30-FEET WILL EXIST BETWEEN BIOBARRIER SECTIONS INSTALLED BIOBARRIER TOP EDGE MUST BE WITHIN 1-INCH OF THE FINISH GRADE TO HELP PREVENT TREE-ROOTS FROM MIGRATING OVER THE TOP-EDGE. INSTALL 8-INCHES X 11-FEET OF 6'MINUS PIT RUN COMPACTED TO 95%ON TOP OF UNDISTURBED SOIL x 3 INSTALL WEED FABRIC(4 OZ. NON-WOVEN GEOTEXTILE FILTER FABRIC)UNDER ENTIRE PATHWAY AREA UNDER THE 4-INCH LAYER OF 1/4-MINUS. • APPLY MONOBAR-CHLORATE AND TRIFLURILIN TO BASE PER MANUFACTURERS SPECIFICATIONS. • INSTALL 4-INCHES X 11-FEET OF'/,-MINUS CRUSHED GRAVEL BASE COMPACTED TO 95%. • PROVIDE A 3.5-INCH DEEP X 10-FOOT WIDE PORTLAND CEMENT 4000PSI WITH FIBERMESH REINFORCEMENT (1.5 LBSICY) ADDITIVE TREAD SURFACE, CROSS-SLOPED AT 1.75% +1- 0.25%, AND CENTERED ON THE GRAVEL BASE.THIS SURFACE IS TO BE MEDIUM BROOM FINISHED,WITH A 0.75 INCH TOOLED RADIUS ON EDGE. CONTROL JOINTS SHALL BE 10-FEET O.C., SAW CUT. EXPANSION JOINTS SHALL BE AT 40-FEET O.C., SHALL PROVIDE AND INSTALL(5)24-INCH LENGTH #3 REBAR. EXPANSION JOINT MATERIAL SHALL COMPLY WITH AASHTO M213 AND SHALL BE INSTALLED VERTICALLY EXTENDING TO THE FULL DEPTH AND WIDTH OF THE CONCRETE WORK. A COMPACTED FINISH GRADE ALONG THE SIDES OF THE PATHWAY (APPROXIMATELY 3-FEET WIDE ON BOTH SIDES) SHALL BE 1-INCH BELOW THE PATHWAY EDGE, SHALL BE SLOPED A MINIMUM OF 2% DRAINAGE (SLOPING AWAY FROM PATHWAY) BUT A MAXIMUM OF 8% FOR EROSION RESISTANCE. NO ADJACENT GRADES SHALL DRAIN ACROSS THE PATHWAY TREAD UNLESS APPROVED BY THE CITY. *PATHWAYS THAT END IN A CUL DE SAC WILL REQUIRE A 17-FOOT RADIUS OF THIS MATERIAL AT THE TERMINUS. "PATHWAYS THAT END IN A CUL DE SAC WILL REQUIRE A 16-FOOT RADIUS OF THIS MATERIAL AT THE TERMINUS. 10' ,. © o K' irat{tt art=7=WI{4Vgg XIVAS11Kb{NC===H4 iY1Ri{ ItiT1{W{Y{W{+eWy 0 #,"{�t}_ )ir,k}1$ ,7lj I14 r x 2 :i�t�•:4, Y1t.-r tk}t,21• 0'1 :7 it c ,",k4�{f: 0 0 4 2 Figure 3 VARIES 12" 5" THICK CONCRETE 12" � CUt 5'-10' 1,75% t 0.25R 5" STANDARD CURB AND GUTTER r ,• SURFACE REPAIR ' t` �� (4' MIN) `4" • OF 3/4" MINUS CRUSHED BASE MATERIAL AS PER SECTION-800 iYi i.r•i f'� art' EXTEND SUBGRADF do BASF 6" BEYOND CURD Figure 4 5. DESIGN & LANDSCAPING: The pathway shall be designed as described in the Pathway Design notes in Figure 5. Landscaping shall be allowed within the easement in so long as it conforms with City's specification. (See Pathway Design notes 4 and 5, and General Note 1 in Figure 5.) 6. VEHICLE ACCESS: For pathways 8-feet in width or wider the developer shall provide access for maintenance, emergency vehicles and equipment through the use of removable bollards at all points where the pathway intersects with a roadway. The exact style and color of these bollards shall be reviewed and approved by the Design Review Board. For short-run sections of pathways, and for those that have planned access by nearby roads, hammerheads are not approved. PATHWAY DESIGN t. THE LAYOUT OF THE MAIN PATHWAY MUST FACILITATE ACCESS OF CITY SERVICE AND EMERGENCY VEHICLES(I.E. TURN RADIUS AND SLOPE SUITABLE FOR FULL SIZE PICKUP AND 15' TRAILER). CONNECTIONS TO SIDEWALKS AND PATHWAYS MUST BE TRANSITIONED USING A RADIUS OF NO LESS THAN 8-FEET. 2, ALL TREES WITHIN 6-FEET OF EACH SIDE OF THE 10-FOOT PATHWAY TREAD SHALL BE REMOVED, AND PLANTING OF TREES WITHIN 6-FEET OF THE PATHWAY IS PROHIBITED UNLESS APPROVED IN WRITING BY THE CITY OF EAGLE. 3. ALL ROOTS SHALL BE CUT ALONG BOTH SIDES OF PATHWAY A MINIMUM OF 24-INCHES IN DEPTH AND REMOVE ALL ROOT MATERIAL THAT CROSSES THE PATHWAY PRIOR TO CONSTRUCTION. 4. A PERMANENT AND CITY-APPROVED ACCESS MAY BE REQUIRED FOR CITY APPROVED VEHICLES AND EQUIPMENT FOR PATHWAY MAINTENANCE AND EMERGENCY VEHICLE ACCESS TO THE MAIN PATHWAY.SUCH ACCESSES SHALL BE CONSTRUCTED TO THE CITY'S PATHWAY CONSTRUCTION STANDARD AND/OR PROVIDE SUFFICIENT AREA AND TURNING RADIUS FOR HEAVY EQUIPMENT. IF BOLLARDS,OR ANY OTHER ACCESS CONTROLS,ARE REQUIRED FOR SECURITY;THEY MUST BE REMOVABLE AND EMPLOY A LOCKING METHOD APPROVED BY THE CITY. 5. DUE TO THE PATHWAY ALIGNMENT AND PROXIMITY OF VEHICLE ACCESS POINTS, A CITY APPROVED VEHICLE TURNAROUND(OR HAMMERHEAD)MAY BE REQUIRED BY THE CITY. 6. LANDSCAPING WITHIN 3-FEET ALONG EITHER SIDE OF THE PATHWAY IS PROHIBITED EXCEPT FOR GRASS SEEDING OR SOD UNLESS APPROVED IN WRITING BY THE CITY. AT NO TIME WILL APPROVED LANDSCAPING OBSTRUCT THE SIGHTLINES OF PATHWAY USERS. AREAS WITHIN 3- FEET OF THE PATHWAY TREAD ARE SUBJECT TO DAMAGE IN THE COURSE OF MAINTENANCE AND/OR REPAIR BY THE CITY AND WILL BE REPAIRED OR REPLACED BY THE PROPERTY OWNER UNLESS IT IS OTHERWISE AGREED TO WITHIN THE DEVELOPMENT AGREEMENT. 7. TO INCREASE USER SAFETY AND EXTEND THE LIFE OF THE PATHWAY TREAD, IRRIGATION SYSTEMS ADJACENT TO THE PATHWAY MUST NOT DISTRIBUTE WATER ONTO THE PATHWAY TREAD IN CALM WEATHER CONDITIONS. Figure 5 7. CUL-DE-SAC TERMINUS: The pathway in Lot 26, Block 1, shall be stubbed in cul-de- sac form(as shown in Figure 6) located in the northwest corner of the site to allow safe turnarounds for wheeled modes of non-motorized traffic. PUBLIC PATHWAYS THAT DO NOT CONNECT TO AN ADJACENT PATHWAY ARE TO EMPLOY THE CUL DE SAC DESIGN BELOW AND MUST TERMINATE BETWEEN 3-FEET AND 10-FEET FROM THE PROPERTY BOUNDARY.THE PUBLIC ACCESS EASEMENT FOR THESE PATHWAYS MUST EXTEND TO THE BOUNDARY TO ALLOW POSSIBLE CONNECTION TO ADJACENT DEVELOPMENT AND ALLOW THE CITY, OR CITY AUTHORIZED PARTIES, TO MAKE ALTERATIONS WITHIN THE EASMEMENT. SUCH ALTERATIONS TO ELEMENTS INCLUDE,BUT ARE NOT LIMITED TO,CONNECTION TO OTHER PATHWAYS,LANDSCAPING,FENCING,IRRIGATION EQUIPMENT AND SIGNAGE. PROPERTY BOUNDARY 3-FEET 1 16-FEET 10-FEET Figure 6 1. SIGNAGE: The City reserves the right to display signage within any and all easements. The examples in Figure 7 are some of the messages used. The physical form including materials, placement and message of any signage that the developer or HOA wishes to display within easement(s) must be approved in writing by the City. SIGNAGE EXAMPLES HOA CTP OPT This public pathway is built on PRIVATE PROPERTY Thanks to an easement an easement granted to the City of Eagle by the adjacent PLEASE RESPECT OUR granted by this property owners to enhance NEIGHBORS HBORS development the City of our quality of life. Eagle has the option of Please respect theirs. continuing this public Stay on the path THIS AREA CLOSED pathway in the future. Leash your pets TO THE PUBLIC Leave no trace r._ .. Th,�rrk pot/ - riyir I (.s/i l" DOG WST WAY For the health and safety of everyone For the health and safety of everyone DOGS MUST BE ON A LEASH ON DOGS MUST BE ON A LEASH IN -P AND AROUND PATHWAYS THIS PARK AT ALL TIMES AT ALL TIMES INCLUDING TRAILS Downtown 41111111 Boise Pet waste must be ta3 Ni picked up Pet waste must be packed up immediately and placed in waste immediately and placed in waste Lucky Peak receptacles. receptacles, T . t.:v;, ♦ Dam fp.�vu:..11111..01, The CO wands.pet wastt bays tti Caatwm to,vow cp.rernam, rri tx o-tsrrd. , 2 e f,�ai' ieatwrn mart W azuetl. (�. tu4te ivy Ludes<a o, +// „/l,fff� ta�.t,rv,twig, A t / Atterante (unpaved1l EAS Thanks to an easement granted by this development, the City of Eagle has the option of continuing this public pathway in the future. r r iil� Figure 7