Loading...
Development Agreement - 2021 - Brookway North Subdivision - 7/7/2021 ADA COUNTY RECORDER Phil McGrane 2021-108295 BOISE IDAHO Pgs=22 BONNIE OBERBILLIG 07/20/2021 11:10 AM 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 L)o 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("City"), by and through its Mayor,and G. GREGORY HALL and ROBERT W.H.ANNAH. ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel No. S040221 0 100 ("Property"), as specifically defined hi the attached legal description (Exhibit A)which is the subject of an application for Rezone identified as Rezone Application No. R7-10-20; 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-2-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 residential development 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-2-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 City with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B1 and B2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page 1 of 9 K:Aianoing DeptTafge Appiicatlori?Prelimimey Development Plais'2O2\Bronhmv Nxth S:r3 da x In!ver.doc 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 ("City"), by and through its Mayor, and G. GREGORY HALL and ROBERT W. HANNAH. ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel No. SO402210100 ("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-10-20; 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-2-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 residential development 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-2-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 City with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B1 and B2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page 1 of 9 K:\Planning Dept\Eagle Applicanons\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference. AGREEMENT In consideration of the mutual covenants contained herein,the parties 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 The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the R-2-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 1.89 dwelling units per acre(53-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 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 C), the City understands and agrees that certain changes in that concept may occur. If the City determines, in its sole discretion, 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 Page 2 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc 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. 3.5 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 provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.7 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, 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. 3.8 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 fmal 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. 3.9 Owner shall provide and construct all pathways as shown in the Parks, Pathways, and Recreation Commission Pathway Recommendations, dated January 4, 2021 (Exhibit"F"). The pathways shall be constructed in conformance with the City of Eagle standards or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk signing the final plat. The specific location and design of the pathway shall be approved by the Design Review Board and City Council prior to submittal of a fmal plat application. The pathway along the Dry Creek Canal Page 3 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc shall be located within a recorded easement or easements dedicated to and accepted by Eagle. The instrument number of the recorded easement or easements shall be referenced on the face of the plat. 3.10 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. 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 B1 and B2) 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 Owners fail to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from City, City 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, City 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 City 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 City. Page 4 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc 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. 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 City 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; City: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Owner: G. Gregory Hall 7521 North Grand Ridge Lane Eagle, Idaho 83616 Page 5 of 9 K:\Planning Dept\Eagle Apphcations\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc Robert Hannah 22499Channel Road Caldwell,Idaho 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 City herein, Owner agrees to attorney fees and the engineering fees,together with interest accrued thereon. City 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, City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash deposit with City, City may draw on the deposit to pay its invoice. If the financial 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 City and invoiced, then following thirty (30) days of written notice of such failure from City, City may draw upon the fmancial 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, City shall release to the Owner the unused portion of the cash deposit or the letter of credit,as applicable. City's draw upon the fmancial 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. Page 6 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc 8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 8.9 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 4_7 day of , 2021. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: c ,,,`'•u„,,, , J on fierce, Mayor cIT Y pF'•,,, A TEST: ,,,,,,... �4, •.. sm ; l racy E. , City C14 S , '� i e 9 . . ql fig ,��'•0F/DAN°��.•`% By: G. Hall By: obert W. ann Page 7 of 9 K:\Planning Dept\E.agle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl vecdoc STATE OF IDAHO ) : ss. County of Ada ) r' . On this day of "`�1 _, 2021, before the undersigned notary public in and for the said state,personally appeared G. GREGORY HALL,known or identified to me to be an 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. .14 v SHERI HORTON No ry Public for daho COMMISSION#38002 Residing at: p1/1/ � I NOTARY PUBLIC My Commission Expires: Zie —z-c STATE OF IDAH _ MY COMMISSION EXPIRES STATE OF IDAHO ) : ss. County of Ada ) On this day of .20 , 2021, before the undersigned notary public in and for the said state, personally appeared ROBERT W. HANNAH, known or identified to me to be an 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. ,,,,.•vvl•�SEIy.,S>)•••• Notary ' lic for Idaho 0 'NARY %, Ss Residing at: �a.c�lQ_ �� ; 0 My Commission Expires: 2I1C0 • G Page 8 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc INDEX OF EXHIBITS A - Legal Description B 1-B2 - Affidavits of Owners C - Concept Plan D - Concept Plan Fence Exhibit E - Building Elevations F - Pathway Requirements Page 9 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da cc fnl ver.doc Exhibit "A" RECEIVED& FILED CITY OF EAGLE Legal Description SEP 0 3 2020 City of Eagle Rezone File: Brookway North Subdivision - R-2 Zoneoute to: A parcel being a portion of Government Lots 3 and 4 of Section 2, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, shown as `Parcel A' on Record of Survey No. 11285, recorded as Instrument No. 2018-023252, records of Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said Section 2, from which a Brass Cap monument marking the northeast corner of Government Lot 3 (N '/ corner) of said Section 2 bears S 89°13'44" E a distance of 2643.43 feet; Thence along the north boundary of said Section 2 S 89°13'44" E (formerly S 89°13'56" E) a distance of 660.86 feet to the northwest corner of the E 1/2 of the N 1/2 of Government Lot 4 of said Section 2, the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°13'44" E a distance of 1857.57 feet (formerly S 89°13'56" E, 1857.58 feet) to a 5/8 inch diameter iron pin; Thence S 0°56'03" W (formerly S 0°56'08" W) a distance of 448.51 feet to a 5/8 inch diameter iron pin on the existing Eagle City Limits boundary; Thence along the existing Eagle City Limits boundary S 72°53'22" W a distance of 1257.95 feet (formerly S 72°53'11" W, 1257.97 feet) to a 5/8 inch diameter iron pin on the easterly boundary of said Government Lot 4; Thence leaving the existing Eagle City Limits boundary and along said easterly boundary N 0°53'26" E (formerly S 0°53'27" W) a distance of 150.17 feet to a 5/8 inch diameter iron pin marking the southeast corner of the N 1/2 of said Government Lot 4; Thence along the southerly boundary of said N 1/2 of Government Lot 4 N 89°14'13" W a distance of 660.60 feet (formerly N 89°14'09" W, 660.55 feet) to a 5/8 inch diameter iron pin marking the southwest corner of the E 1/2 of the N 1/2 of said Government Lot 4; Thence along the westerly boundary of said E 1/2 of the N 1/2 of Government Lot 4 N 0°52'08" E a distance of 684.69 feet (formerly N 0°51'54" E, 684.64 feet) to the POINT OF BEGINNING. Said parcel contains 28.01 acres. \API_ LAND Clinton W. Hansen, PLS 5\ S T E LS-'& Land Solutions, PC 1 �, August 3, 2020 0 ff 11118 'if/:6- 0 F c-4 TON W NP .. ri ioJ 3-ions Brookway North Subdivision R-2 Rezone Land Surveying and Consulting Job No.20-28 Page 1 of 1 EXHIBIT`Bl" Affidavit of G. GREGORY HALL AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) G. GREGORY HALL, who being first duly sworn under oath, deposes and says: 1. I am G. GREGORY HALL, whose mailing address is 7521 North Grand Ridge, Eagle, ID, 83616. 2. G. Gregory Hall, is the fee simple owner of the parcel of real property described on Exhibit A, (the"Property"). 3. G. Gregory Hall authorizes the submission of the Property to certain Development Agreement pursuant to the provisions At forth in.Ap_baCode Section 67-6511A and Eagle City Code Section 8-10-1 dated the Zi day of U r) . , 2021, by and between the City of Eagle, a municipal corporation in the State of Idaho, and G. Gregory Hall (the "Agreement"). DATED this 2 9 day of -Nnt ruvf , 2021 By: G. G gory H SUBSCRIBED AND SWORN to before me this 2Critday of Tons2 , 2021. 'CYA4••••., �y t . >I�Aro � .•'p'��Y eb ;, Res ding at f Idaho S My Commission expires at..3 1 sT ZO2 + : ... ow S ��3 ;4 .1 OF 1O a `\� 411111111110 Page 1 of 1 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub da affidavit Hall.doc EXHIBIT"B2" Affidavit of ROBERT W.HANNAH AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) ROBERT W.HANNAH,who being first duly sworn under oath,deposes and says: 1. I am ROBERT W. HANNAH, whose mailing address is 22499 Channel Road, Caldwell, ID, 83607. 2. Robert W. Hannah, is the fee simple owner of the parcel of real property described on Exhibit A,(the"Property"). 3. Robert W. Hannah, 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 theZl day of , 2021, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Robert W. Hannah (the "Agreement"). DATED this Z q day oft"11`- ,2021 r By: Div bed W.Hannah SUBSCRI1 {pIWOWORN to before me this 2q day of7i,(1.(_ , 2021. NA!")314, MY COMMISSION 1 = Public Iyho EXPIRES 8-1.2023 ; E Re ding at Idaho • • My Commission expires t S�17S73 0 • > gyp. Page 1 of 1 1013lanning Dept\Eagle Applications'Preliminary Development Plans\2020\Brookway North Sub da affidavit Hannah.doc RECEIVED & FILED CITY OF EAGLE . R PRESCRIPTIVE NOW - .t. W Erv:Dd-LN?Ii IApW ------s— ,- _-- ------------ ------- — - -------- - -'r.BEACON -• ' 2020 t., •-"-•. • • -�...•.� --• • • . ok� Am • E so �' � .T '6T.. -.to - �we, Mi. Es l. �. �11 LI■►'�iR *r�T +.r I'M' -.. R.� ' ;r W' R;P t t' o = 4 i • ei.E S' A. MD . �. At I NEW PE ,nr Deuu+011! B'OPEN TOP L tNCk ;&OCR I KlRlml . / �f iR,MIN ON SMOE TRH A40.L `RIPPER-' • NM MIN ' 1". 6 j e B w w+�e WPM*-(TYPI RT. J L� �,,. 0 U (4) (J © O ® ® IO A elE • el 11` 0 O 4 (s� __ O 1 o _--- 4...__ 1 • AWE . ../ ® 1 I J 4>.1, 4n. • O .,,.,,,,.. J L , -iii r ROC7Y t ON.AAI,N.4 .� ;rYi' ' L i 4 I P " rvirerD'�"R r '� 4 y irIA � gi �zl L� 1 CO �" 1 12 11 % , J O A •OOPEN RM., M MiMIME 4 IF e.C� 14 ® O O, k ��" �, DO D.Y< LARK ! s�t J • _ _ \,. /1�t \ —DUTY G1a1< t _ . t(1 PAINMY MIN ,...1' LMP).lt'e 0 S1 �� z S/ PASSIMTM ril Jr 0\ P. i:::;111 - ... _ ... �D'M KEI• I " • ' ',� _ -"r ,.,�'� PLANT PALETTE e r -'� / ern COMMON iLA'F. .. .BOTANICAL illi! - - 512! NOTES is ' ' 00,CFNKL �. NEW BOX E N`ULVERT E\,REWEN TRW M �. K - TO AILATNM PINE MW+NbN •-0 NIB 41. LANY...AE WALL BE INSTALL.,IN ALCOWDANLE IIRI It LILY OP...le URDYNE ININIMIE)ITD. - fR r�C1i tlI BI.KA.MIS MIME PSI,6LALY A VF,MHATA DAP 111 B 11AA1 55 IA-- M OMON J RiPRt[ F1111....DCOA.LIWN.I...LOT D-0 PT R ].ALL Pt ANTI.AREAS TO EW HArERED W TN AN ALTOHANC LNCERMOUND IRRIMTION SYSTEM - / Ai NOMAI leRUCE MBA AGES TM TIT 15 V 3.IMF.WALL NOT BE PLANTED.4TNN TYE 020 01 CLEAR LONE OM..1..STORM MAN P M :TW.Y Ip1S CR PACILIT Bb. VA.EAM PS PIM PINK FLEX:LH V ANUERMXPS' GAP NT B l41lit E ITEM MAST BE PROT4.TE0 FROM ANY AND ALL CUNTAWIo.noN OFND TIE 4 - NI AND I1011*ATIUN . --. - .MALE MED(CLA•11U.............. OP 11E LAHODCAR IRRISAII(M SYSTEM ALL SIMNAfI PLANTED OVER OR ADJACENT TO SEF E BED.'TO 141 A ROOT 14 MAT DOES NOT EXCEED W'N D AMTER NO LAP.WO 10 BE PLACE('OVER DN...WINE SAND MOODS P 1•4000.400 LONDON PLANEIREE 'SATAN.n A K.ERIFOLIA WAJL,000. ]'CAL BI N.g1N EM SMALL IKFLE It IV VISION TRV+16LEa AT ALL 11....TOW TON EWAS. NEE,OR 51N.p.MEx f • M l AK .AExC05 4CJLOR )'<X BI ,LINTY MLL Re LOCATED Ham VISIOIL N.A..OR RUN AS moots MATW,T!OPMNI MALL EE LEGEND SHADElSTREEI.Ind ILLailkILL IIMPON BLE FOR PRPNIR non CANJPIE,TO I8r TNIANBLC TREES 41001E 1 I ENT•POP MA TA w LEAK VISIBILITY P.M MO'NTH.T ' .DTI M.WR.[A. ...TM NkN .,PIA'AY1,M.MIME. 2'CAL e, A1U DEPARTNE V SIDI T2 MILL OE1'LANTCUY.UDDER DO HFOI,MERSeCTWN,OP,IDIPS, SYM DEIGRIPTION YM DOGRIPTFON CRIMSO LIRE OM AEI..DOOM x O.NDA'CR11144.DV 2'CAL DI A(A 000 11 TRIES AND I.Ni1310FF N PP(MT OP 1.444 Ni 1015 O11 Loo 144 SIRES IV De 1<M TED DAM .....__.. ._.... ......... ..... ...... . . ._... .....-. • CIMITI,LFER TAR PTRIb CALLERTANA WIYNC FORT )'CAL Si C0161RLA:I ON ON 1IESE LOTS.TREE L OCAT4)NS MAY 1!AtTERM,10 ACCOMPODATEE.1�AVMAI S Alp UTILITIES.TITS!. D MSVK RIP T VINYL. Ce KNOW NIEY40CIIST 44E SIA R JM1114 I1E)DA15 KY )'CCLE• CAL DI MN1 De(LA45 .W L NOT Mt PLANTED WITHIN 3 OF NAM M M.IN t.P. I.Alb 0-e— 0115 PERIMLIER.RORPPY 1)10 RI'I LINDEN TILIALIRO ORDA1 MIPIRNA )'CV.DILINCS.f D TN A.RANT LHT 15 REPRESENTATIVE AND MAID,TO ADDITIONS AND/OR SASSTIMIOIH Or SIMILAR BPECTO5 TN.ARE 4IENA'�NAL.10*(CLAIM U YE2CT TO N FORESTERS PRE APM(KAL.R BM AMM B M..A. M MAY DE ALTERED DORM PINK. 5'OPEN VISOR IRON FENCE ,:ANN D tM'(IExRY VOO NIANA CANNON RED' D•O•Ni MA.D S FLAT LAIODCN'L PLAN LIES BURLAP AND.RE I. 011T0 TO DD I4':MYNt' 'ROMP PWr DAL,Al.MIDI ne h%DIBLE, pRY CHEEK CNNL M M N ALOES C<M PRI 5PNA6 A RM AT LG6 LIE NA.OF RE ME ALL NYLON NO M 1 COMPLETELY AMA.,FROM TREWSIII ,RE1A.,=L-. DRY CRC..CAM.FINN U. ISMOFW NnWTllc 01 CRA TAMA(AY60KLI COWAN. 2'CAL BIB MTPRII.MAPL KEN TATARIUM,.MAR' B-B•M 1.1.T11TeH M T M I4R REFS".AI .4I TO MINIM HCA.BE TO De REOO 1..it I IBMT IUD AND ADJACENTOT N ER N 10e VINYL PEN., 5Pl fWl CRALNij.t it PS KIG' 2'CAL END AL MEM CAN . it TREES ME IN POOR tO.I TNM NOLLNRLR IO BI A CK LG' bl 1RCGb lEb S1M TIM ARE DEAD,VIM F-11 � ALA,.LAHVN iCY SLIM. .I -,I1t.CRABN4LE MN I.1.141 Yd\11' 2'CAL.NEI DA A IMENNADLE SetxES),CAR(P EMILE AMORIST 1U VEIUP,THEE CUIENT014 PRIOR IU MMOVAL.IF (I TI•! MINIfSWRAMENTN.40ASY4RPNNINS REOUREO,TREES MILLIL C...T O FOR PER M tire CD W.,LNi05CAJ4 ANO DAMN REOUIPEtENTS MEN. ARi)(AIA NM ttAIL I MITI SARI ARDIA,'ARILWN YARF 6-2A•lC.MIMS.N.MAT4NI D.1ACK 411,PTI.(. eXA T•UTelFAAFIA.SIDA W 4(1141RAT I MI. IWIA:.<SHARNA,LRAY• H:NIEI IAA 4RK;1415 TROVE AMEITIOH' 1 tlN. Not IIpA 1.1IRL'A Apt 0PTCRI3 x CLNNAONUOi 1W E MITIN 2SAL LANDSCAPE CALCULATIONS . DEVELOPMENT DATA OPWER EK;VELOPER 444E ^ , R I TD1A GqN YHTN 1 1RN. *AL RDD(.Xl W.NANHAH IILL4 4PBAL I14 NlE W LA IIWR .4AlI O F1.NMU(IITN.IS YY410N1' d*AL RI�I®ItiA PIN N SPITES ll�d,dWB M fNMR•1 WNW',MAW PAP ORNANMTAL WAAL AM lF•IY-role no iUTK ARN .., 21O ACRES MOONY G.INl4 tell.R lIL l ..1111VKEA NpPMEA I•N eeM•AAR Tarr LMM RIM - 'U MX li. MP LOP'EN AXYS,WyDO RAGA PLUFER CMITI-NCNPC J W4. LOGAIWI METER MIN IEIWIN IEIRE�. QYNI'MIAL IeNIXNTIN Ol, ..... ........... b .Llkil N.1:Y IN.. 14LI1..Art- P1t If. .. UAPI D(II NINSARK PI/TVA:ARR*OR111Po1DI VARNA AM D. ESN. .___ MAW WW116 ENRRI�s llri ..___-"eN•ii .LNF/OII AEWw LOT! .. ........... .._......-. __!_ ION::.x,9]u.l 'Slkll Et Ai LILI:T NtMNCK.N.LN tTRILn DYNGO' PIN III IM.Y.IN.NW RWN,i FRMULA 34.N HMI-IAMT' 5MI. ..- ... ............. ......._. --- .. 1 ....82 TONAL 001004LE L015 .. M MO L(W14MVK RNW ANOINT...BIRO IA. S:IL N.SEA".A LENT MID./ IDOD'AAY.0 IDS•. Psi.M. Ms.AH W NM}AMID./ AV syy(EE ff PM •.�•": •.••u .P)• MANNER I+ FR PI'D RNMTPM1011 RNS1e.O11 A EITN.A70 RED' <aMW WACC IUIU bFM<u'• :IItM 4SNhK[O TOTK OPEN SPADE r1EE1V1GD .... D.A•1 N:RM()B.Y.I NENI M.1 ,PLANNING t[MICA6 '� Nxtete SA'1D 1.CEAfi AL BARN1 D' 1 BN. PaNINY! 14.1 ......... .... ..... ... ulw,N LIVEN IWiI/N•BB+'! , ^?R DA k .I,SIM RNW ;IMAM L414 4 AI.0 AF•DY' I SAL RYDMAN.LOT IRO IM/IL Ilt < (NCi150dED EONllld R 2 1 DAL I E+LRIINi lCNNIIE Nfl A ten..11I�B PRO•/ID. -... .n ..•.•,• erA S SN. BROOKWAY NORTH SUBDIVISION" 'li`_ NOVEMBER 11,202E 4.IJENSENSILTS xrenixlat EAGLE, IDAHO PRELIMINARY DEVELOPMENT/PRELIMINARY PLAT LANDSCAPE PLAN NORTH .VLeP.w " A c QA bA U C i • r'v C a i,J 11111111111111111.--!... _ _ _ c Li,' 0 a ._ _. _.—__.._..___._. — nn O p O © O © 00 0 ® $ o ® 0 O ....1 j 11 PERce PA+lL sMrLE Pwro 1111.1.11MINIIIIIIIir _ `l`> ® ` ' 1 I. ......._... I A• ,.1' ii 0 ® ® 0 © o ID '\�� /i j I i POST GAP 1Y'.0 A.PANES 171 limi v ' p ® ,1/ O '.,\ ilq j IIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIm 03 `� ril s.rPasT ® 1 ® ® `1 l o a0 O I � i\! ` d �' I vaonND Pea rra I' h`_ -:-:�rw y a 11 ,` c a SILOS aaalc MONSON - ! ,rwr RECOMMENDATIONS E j`� - +„ .9r4 NR £ I.INSTALL PER AwaPACTu+axO RELOSbBDArKfI6iRCiWRE1SM5. __._........_._..__ ' 1 - _ ..._. j ].MICE TO S1EP DOM TO B'1EIONT M'FROM ITOYI --1-- 3.COLOR rRBE,Ao,r� .e H. ••' i Kb i 0- • � R Eo a o.M AS aR.R® —-- _ i— °X4: \ �,eoP^ -.:'d.- \. L.J a ICJ a 0 SOLID VINYL PRIVACY FENCE C.) v N G for To Z Q <I W bO� TOP RAIL (OEO HVL MN) I ..PKAYf'AKAN6 ' CC Y ile tt Q tow NALL) VI I111111IIIM 1111111111111111111111111111113 11111�I�2 T7 VHATILAL N0 ., L CENTER 1111111111111111111111111111111111 I • Z `{\ Il cLNcrrETE > Q \ POOTIRS PER MPS 13•T REOOMLIIDATIONS !Awe/ . W J maimmummiiiimil I INSTALL PER HAILPACI T REa 55. rsM �►�� .PENCE TO � R � EaRa eDz. J PENCE PANY SAMPLE P+VTO ).COLOR TO QEsAAmiOl DOMC B FENCE PANS SAMPLE PHOTO 0.IRON TO BE POYOCKOAT®BLACK. 0 REPRP+w®ON PI AM AS CM OR.RI I. ¢ 0 Q � N Z MIIINIIIIIIMMINI d b R 2 O 6'OPEN TOP VINYL FENCE. O 5'OPEN VISION IRON FENCENor» m I a DATE: JENSENBELTS 11. ' "SC''''' 1:111i1 :_�. L4 Exhibit "E" • ,..„ --. . •..., . : . , .„44,..... .,,...„ .,. ,, -.4:::•J ..; . . ..... ., ../ --, _..,....,...4?„,,,,.•.:„..... , //2`N . . .,.... t .., .; : :e.t;-,,4: ,•- / NN Z/N44kPalgjil ' .1-Lin " M ''' .4.;.7.'*•-•: . ' , ..., •..z7'...:3Z/ ',.. • 1" ' '•'i:,"14,,„,* -;;;;;il',,,i_ltt, "N- "%ta,',7',--' ' t ft" •' 7,44.tt,.1'.,.; - ,,_: •0= -•- !mg. , .1-:•:•-• II # ... - . . . .110,04:-'7-r•-. _ , , .*•' -s!"...; , , .14..... V ' ' ' '- .--- --:..-",•':...'","r''''''''''''-'- •--• „,-,..ci.., ,:,.-•?.,... „ ..Z.a.,. , . ,-> . . -.•'' ".;- Ak. , -114 '.:-. ....o,... ,4.• .. .. ..-- . . ., . '',..'''L' ' . ''.'"L'''..*Y..;-;'' ,,,4-7'''' '.-'' '''' . • - . '- :-— 7-4i:A;',L P „. . . . .. . - . -... - ' .''',...::,--z• ' - - , -.. ..,.....:., -. -. . • • --f. '`...1*. .`;i:•.`...',14,4:', ..-.',.*0-:4,.•., , , , , ',.,...;;;;;„,, 7".:•'. '-_,• - ,.' ._ _4_,....: '. _'7,f4,4"..4,‘ '' 4, -..--7------- -_ ,------ ------------_ ° -r: ..:;.Arp,lly.1k. °.: J.,-,l' iregIv2;,:,..,.....-. --..- .-.....- "" -_-•_•.=,• _ , • . „...--- .-.;-;';; 0P , -'`.•..-'.:::.•-..:.„,-,-,- ..---_- .,,-.:"A, /Vv.-- -'1;5.: :;`_...,,,' ....,,,k,.*`-.ffrfV''1;;',...,..,;:.;,.--:.•••,_-._--7.:. ---•• -. -' ''..•:',-_-.. ''''''!--',5:'.241•*'4,CA_-143.S.ii2.-''''.'';:-'''''••: ..=.•-- -'..':— - - Exhibit "E" `,, Ns P `- ,.a rig fih / ,�II[J, I: RN U 9 v ,-". j +c4 1` s' µ M Exhibit "E" r"' 9l'i. 11111111 III_n a i� V li I ME . _... 4 Iga 4C e r f --/ I Exhibit "F" INTER City of Eagle Zoning Administration OFFICE To: Planning and Zoning Commissioners From: Steve Noyes, Trails and Pathways Superintendent- Subject: Parks, Pathways and Recreation Commission Pathway Recommendations —A-08-2-/R2-10-20/CU-08-20/PPUD-03-20/PP-05- 20 - Brookway Subdivision North—Hall Capital, LLC Date: 1/4/2021 Attachment(s): None Copy To: Kent Brown, Kent Brown Planning Services kentlkbCa gmail.com Commissioners. This development will provide over 1,500-feet of public pathway along the Dry Creek Canal in an area that will see a great deal of development very soon. This section will become part of a planned citywide canal pathways system. The following is the recommendation made by the Parks,Pathways and Recreation Commission on July 16, 2020: 1. PUBLIC ACCESS EASEMENTS: The developer shall provide a public access easement 18-feet in width with a minimum 4- foot margin on each side of pathway tread within any part of the easement. It shall be located adjacent to the Dry Creek Canal easement on the alignment shown in red in Figure 1. It shall be approximately 1,570-feet in length and shall extend to the western and eastern boundaries nearest the canal. The City shall reserve the right to construct, connect or continue within this easement, a public pathway as part of future system expansion, and may authorize staff, contractors or neighboring developers to facilitate such improvements within this easement from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement. Page 1 of 6 K.`Planning DeptEagle Applicabons,Prekminary Development Plans'.20201Brookway North Sub PPRC Rec doc The developer shall provide public access easements that are 18-feet in width with a minimum 4-foot margin on each side of pathway tread within any part of the easement, that surrounds all pathways on the alignments shown in blue adjacent to North Nordic Way in Figure 1. The developer shall provide public access easements that are 18-feet in width with a minimum 4-foot margin on each side of pathway tread within any part of the easement, that surrounds all pathways on the alignments shown in yellow in Figure 1 along West Beacon Light Road,unless public access easements will be granted in favor of ACHD. Easements shall be submitted to the City prior to submitting a final plat application. Construction of the pathway is subject to approval of the New Dry Creek Ditch Company through an agreement with the City of Eagle. 2. PATHWAYS: The developer shall provide and fully constructed 10-foot wide by approximately 1,570- foot regional concrete pathway. It shall be located adjacent to the canal easement on the alignment shown in red in Figure 1. This pathway will terminus at both ends in a cul-de- sac design as shown in Figure 2. If at the time of construction, a developed pathway is available for connection at either end,the developer will connect to that pathway. This pathway shall be constructed as described in the Concrete Pathway Construction in Figure 3. The developer shall provide and fully constructed 8-foot wide Community concrete pathways shown in blue in Figure 1. These pathways shall be constructed as described in the ACHD Sidewalk Standard in Figure 4 The developer shall provide and fully constructed 10-foot wide Community concrete pathways shown in yellow in Figure 1. These pathways shall be constructed as described in the ACHD Sidewalk Standard in Figure 4 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. 3. MAINTENANCE: The developer and future homeowners association shall provide maintenance of the pathways in perpetuity. 4. DESIGN& LANDSCAPING: The pathway shall be designed as described in the Pathway Design notes in Figure 5. Bollards shall be installed where pathways meet roadways. Landscaping shall be allowed within the easement in so long as it conforms with City's specification in Figure 5, Items 6 and 7. Page 2 of 6 K-..\Pianning Dept Eagle Applications`.Preliminary Development Plans\2020'Brookway North Sub PPRC Rec.doe ,:3,'�, . .3:., ......a.a.3. ►:i.z.s_:a.A,3."1-10 3_3, :,- I.a 1 :1,a, _a.1, t..�:a:•1a,x.Y.3-- ` )1 y. �� �...- Figure 1 .: 16-FEET „e 10-FEET Figure 2 Page 3 of 6 K'Tlanning Dept\Eagie Applications'Preliminary Development Plansl2020`Brookway North Sub PPRC Rec doe CONCRETE PATHWAY CONSTRUCTION KEY NOTES: I. INSTALL A 24-INCH (DEPTH: BIOBARRIER ALONG BOTH SIDES OF THE PATHWAY IN ANY AREA (THIN 15-FEET OF A TREE DR P 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 L'v1THIN 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_ 3 INSTALL WEED FABRIC(4 OZ.NON-WOVEN GEOTEXTI_E FILTER FABRIC:UNDER ENTIRE PATHWAY AREA UNDER THE 4-INCH LAYER OF Y.-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%. 6.' PROVIDE A 3.5-INCH DEEP X 10-FOOT WIDE PORTLAND CEMENT 4000PSI WITH FIBERMESH REINFORCEMENT 0.5 LBS?CY)ADDITIVE TREAD SURFACE; CROSS-SLOPED AT 1.75% +'- 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 D.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 1SLOPING 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. r' Q, p IgAl `srstnlrs sCa ir'+t sg r1i t`tiLcsiss�+t+id:st'nut' ie rd+ s= 7��J.� Figure 3 Page 4 of 6 K:PPlanning Dept\Eagle Applications`•Prehminary Development Plans,20201Brookway North Sub PPRC Rec.doc 'VARIES 12" ! 3" IF'IlK ONCRE E I 2" 1.; C151 I '.,75% z 0.25% 6" STANDARD CURB - - AND GUTTER !` ��r�,r�<������p������,� .. ��ri iw`�ri�G ri`ri�d�rr • L__ '� iSURFACE REPAIR - i._ ._ . .• WIN) •-4" 0= 1l4" MINUS CRUS*lED 'BASE: MATFRIA1 AS PER SECTION-800 roff ExTEN: SURGRADE. & BASF 5" SLYONC MRS Figure 4 PATHWAY DESIGN 1. 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 ANDS 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 ANDOR 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 Page 5 of 6 K.'Planning Dept+Eagle Applicationareliminary Development Plans`202013rookway North Sub PPRC Rec.doc 5. SIGNAGE: The City shall reserve the right to display signage within any and all easements. Examples in Figure 6 are typical of such signage; however,the City is not limited to these examples. 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. HOA CTD OPT This public pathway is built on PRIVATE PROPERTY an easement granted to the Thanks to an easement City of Eagle by the adjacent PLEASE RESPECT OUR granted by this property owners to enhance NEIGHBORS development the City of our quality of fife. 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 'ril Thank a f si t y ( rtr • DOG ?^4 ST WAY co,the hearth and safer of everyone Fur the health and safc±y ui everyone CND•* DOGS MUST BE ON A LEASH ON DOGS MUST BE ON A LEASH IN //�� AND AROUND PATHWAYS THIS PARK AT ALL TIMES DowntownAT ALL TIMES INCLUDING TRAILS +♦ Boise Pet waste must be picked up Pet waste must be puked up r<J 1O immediately and placed in waste immediately and placed to waste luck) Peak receptacles. receptacles. Qa si '••Ca'cswwk+e., ter ray,Cie tew+les aar+raze yl4t �+t raw c:r,+ww.x. ,...,..�.. raw-;w,,........e.. r Ill ,_cm CswlM ot;aa.},J 1! P 'f• dtef ahlte Iunpavedl EAS Thanks to an easement granted by this development the City of Eagle has the option of continuing this public pathway in the future_ rr_ _ Figure 6 END OF PPRC RECOMMENDATION Page 6 of 6 K:\Planning Dept\Eagle Applications\Preliminary Development Plans?2020'Brookwav North Sub PPRC Rec doc