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Development Agreement - 2022 - Rene Commons Subdivision - 3/22/2022 .... .... _..._. _ ADA COUNTY RECORDER Phil McGrane 2022-028664 BOISE IDAHO Pgs=30 CHE FOWLER 03/22/2022 03:10 PM CITY OF EAGLE, IDAHO NO FEE Recording Recltiestecl By and 'When: Recorded Return to� 660 E. Me Lane P.O. Box 1520 Eagle.,Waiio 836 i 6 ,. ctr,,Recording Purposes Do dot Wr itc:Above Th ;>'Line DEVELOPMENT A(5REE,—M,'.NT ,'hk, Dvrvelol2mont :' per-nenl, made and emend into on the date as indicated herein, by and hetwwri the Cl';•'Y OF EAGLE, .rn,n-iic i al in the State of Idaho "'C itsr„�, by and #1irou"g'b its �Aayor, and M'C(J STER N(3, LIL.C. ("Owner"). :nee"). ECITAL WHETT'AS. the a4: Own:r i:: tElc; 0"vner of r•c;c,<ird Of certain real ctat�:. ac€en,a€�;r-,ci as, Ada County ;parcel No. SOS1013.260 (:`Pa-£)p<.rQ s as specifically defined in the attached legal MAP% (11=:MM A) hick is 10,Siam.eCl of an application for Rezone identilled Lis Rczone Application No, RZ-08-21; W}7};REAS, the pF':Sa used dev lopirient in E &s piopt3 hies within an arca cAaE'ren ly Zoned RUT (Rur iMhan Transition--- Ada Coumy{iesi na t,on); .and WHEREAC Me Owner desires £a W"-D (Fasidential bk'r.., a asevel°opmem agreement) zoning Msi cation to clevekq) a rc.`is erttral we on t:,e above described property, which is herein rele:vred to as the"property"', and W i.REAt the Pianning and Zoning Commission and tilt City, t:runcii of Eagle have £letennined that the scope olany reddulthl deve,107r71e11t UPK)n the Prcrp.ertV nrarst he htn,tey viih the use of development agreernent ao prevent undue damage tos and to othery isc he in hannony %,i h, za existing Community;;and WHERF.AS, i.;^;i.. intent of. this E)eb'elC3pment .r greemmt 1 to prrote.C.t the rr.g,r is of aOwnW es use and, f i:r'41lWnYCM of we proput: whiic at the :;:me time ln.hing any aiiwrse nlipacts £,° .. e c:£wiopnient upon neighboringpro-?erti>s and the e stng calamwity and ensuring the iP;"opeE.y is developed in a rnanner c:C3nsistent iA ate. `?_.fa, i"s Comprehm ive P an and City Code-,and WIl .l SAS,the O,vner has agreed to the use restrictions and falter hndtat ns set t'orth herein capon the use and devel;rpnaent of the Propm—ty and has consc tee to a R•-4- A (Residential ential with a deveiopvent agreen;eni) designation for the P o?--ty witll the requirements set f6rth in Ebis Dev£.lopnient Agreement;and WHEREAS, the 0, ner Ilas providcd City wAh an affidavit agreeing to suhinit be Property to a Dcvelopruen; Agreement lE;rMbk H pwaiant to Eagle Cite Coo- section 8-10--(c)(t) and be bound by starne. •arts€ Page to 9 A..,ar:�ia,.ltfi:.:.vge a{�.ki.,,;.a: w,P.S.27.:-Ka.e Ce��nu._�U3werki�_..v.....li.r.r.]m,v .3..c1.,..r...P 2.C:�•]rfE K..�..cvr,n,;:xF.1.,.r.�op. . . .Erc-::n:r:a.aio:• 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 MCG-STERL[NG, LLC. ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel No. S0510131260 ("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-08-21; 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-4-DA (Residential with a development agreement) 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-4-DA (Residential with a development agreement) 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 B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page 1 of 9 K,\Planning DeptTagle Applications\SUBS\2021\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement 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 11 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-4-DA (Residential with a development agreement), 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 3.05 dwelling units per acre (17 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) 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, fences shown, 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 and 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 Fencing Plan (Exhibit D). All other fencing(i.e. dog-eared cedar fencing, chainlink) shall be prohibited. Page 2 of 9 KAPlanning Dept\Eagle Applications\SUBS\2021\Rene CommonsM-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement.doc (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) 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. 3.5 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 final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential us 3.6 Owner shall submit a design review application showing at a minimum: 1)planting plans, details, and specifications within all proposed common areas throughout the development, 2) plans, elevations, and specifications for all proposed common area structures, 3) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 4) all proposed fencing throughout the development, and 5) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on site. 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 how the trees will be incorporated into the design of the subdivision (or mitigated if approved for removal)prior to removal of the trees.No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by the City Council upon recommendation by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.9 Owner shall construct the neighborhood amenities including, but not limited to, the mailbox, pedestrian pathways, and seating areas at the locations shown on the Concept Plan (Exhibit C), or provide surety, prior to the signing of the first final plat. 3.10 The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit F), as identified in the Trails and Pathway Superintendent's memo, dated August 27, 2021, except that, where required in order to maintain the integrity of the existing canal bank, portions of the proposed natural pathway located within Lot 1, Block 2 and adjacent to the south side of the existing Farmer's Union Canal may be reduced to a minimum of 8-feet in width. 3.11 Owner shall provide an executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat. Page 3 of 9 KRIanning DeptTagle Applications\SUBS\2021\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreementtdoc 3.12 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or equipment over 8000 GV WR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 3.13 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development at the terminus N Falling Water Way where it currently terminates at the southern boundary of the subject 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 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. 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 RUT (Rural-Urban Transition — Ada County designation zoning designation until City enacts and records an ordinance changing the property to the R-4-DA (Residential with a development agreement) zoning designation. Page 4 of 9 K:Tlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement doc 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. 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: Page 5 of 9 K\Planning Dept\Eagle Applications\SUBS\202l\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement doc City: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Owner: MCG-Sterling, LLC 1159 East Iron Eagle Dr., Suite 170-K Eagle, ID 83646 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 provide adequate financial assurance to City, to secure the payment of any deferred balance of the 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 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, 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 financial 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; Page 6 of 9 K:Tlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\Ol-Administrative\Development Agreement\Rene Commons-Development Agreement doc 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 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. 8.10 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. 8.11 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 , 2022. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho +�++eirrur•+�•+• By: C X-E •., J son fierce, ayor T� lot TEST: Q=+e •� 0 4 _ racy E. m. City C : R0 �;:• ` •..� STAB,,.• , MCG-STERLING,LLC t By. Jim Zubillaga,Manager STATE OF IDAHO ) ss. County of Ada ) On this day of ,2022,before the undersigned notary public in and for the said state, personally appeared JIM ZUBILLAGA, known and identified to me to be the Manager of MCG-STERLING, LLC known or identified to me to be the owners of the property referenced herein and Page 7 of 9 K:\Planning Dept\Eagle Applications\SOBS\2021\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement doc the person , o executed the foregoing instrument. IN WITNESS W OF, I have hereunto set my hand and seal the day and year first above written. .. Notary-Public for Idaho Residing at: My Commission Expires: Page 8 of 9 K\planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement doc CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Call'f County of On F- r_UO ' b2Z before me, ] Here Insert Name and Title of the Office personally appeared v �1 �V�L�{� A Name( f Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the pr,A,RI5 GELUTAN laws of the State of California that the foregoing Notary Public•California paragraph is true and correct. Santa Clara County Commission f 2385052 WITNESS my hand and official seal. My Comm.Expires Dec 10.2025 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public ---- OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: �e,f�� Aoee Document Date: Number of Pages: - - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ) Signer's Name: ft s Signer's Name: _ (Corporate Officer-Title(s): &AJU.- ❑ Corporate Officer- Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 0c 2019 National Notary Association INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Fencing Plan E - Heavy Truck Traffic Plan F - Parks,Pathway, and Recreation Commission Recommendation Page 9 of 9 K:Manning Dept\Eagle Applications\SUBS\202ARene Commons\03-Wonting Files\01-Adminisb"ve\Development AgraementMene Commas-Development Agrament.doc RECEIVED&FILED CITY OF EAGLE MAY 2 5 2021 I^lie: EXHIBIT A Route to: LEGAL DESCRIPTION OF THE PREMISES Real property in the County of Ada,State of Idaho,described as follows: PARCEL 1: A PARCEL OF LAND LYING IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO (GRANTED UNDER QUITCLAIM DEED INSTRUMENT NO. 104077044) MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 10,MONUMENTED BY A FOUND BRASS CAP AS DESCRIBED IN CORNER RECORD INSTRUMENT NO.2017-073399, THENCE ALONG THE NORTH SECTION LINE OF SECTION 10, NORTH 89044'19" WEST,2,659.07 FEET TO THE NORTH QUARTER CORNER OF SECTION 10 AS MONUMENTED BY A FOUND BRASS CAP, AS DESCRIBED IN CORNER RECORD INSTRUMENT NO. 94000586; THENCE ALONG THE CENTER OF SECTION LINE OF SECTION 10, SOUTH 01°29'28" WEST, 1,964.08 FEET TO THE NORTHWEST CORNER OF BLOCK 1 OF WYCLIFFE ESTATES SUBDIVISION, BOOK 108, PAGE 15261, RECORDS OF ADA COUNTY; THENCE SOUTH 89037'00"EAST,30.01 FEET TO THE POINT OF BEGINNING; 1. THENCE ALONG A LINE PARALLEL WITH AND 30' EAST OF SAID CENTER OF SECTION LINE,NORTII 01 029'28"EAST,370.17 FEET TO THE CENTERLINE OF THE FARMER'S UNION CANAL, FROM WHICH A 5/8"REBAR SET IN 2003 (REFERENCE RECORD OF SURVEY INSTRUMENT NO. 6287 IN THE OFFICE OF THE ADA COUNTY RECORDER) WITH CAP STAMPED "PLS 7612" BEARS NORTH 01°29'28" EAST, 15.00 FEET; THENCE ALONG THE CENTERLINE OF SAID CANAL THE FOLLOWING EIGHT(8)COURSES AND DISTANCES: 2. THENCE ALONG THE.ARC OF A NON-TANGENT CURVE TO THE RIGHT 25.10 FEET, HAVING A RADIUS OF 382.50 FEET, A CENTRAL ANGLE OF 03045'33" AND SUBTENDED BY A CHORD BEARING SOUTH 73011'23"EAST,25.09 FEET; 3. THENCE SOUTH 71°28'49"FAST,21.25 FEET; 4. THENCE ALONG THE ARC A CURVE TO THE LEFT 163.66 FEET,HAVING A RADIUS OF 307.50 FEET, A CENTRAL ANGLE OF 30°29'38" AND SUBTENDED BY A CHORD BEARING SOUTH 86043'38" EAST, 161.73 FEET; 5. THENCE NORTH 78'01'34"EAST, 124.13 FEET; 6. THENCE ALONG THE ARC A CURVE TO THE RIGHT 129.61 FEET, HAVING A RADIUS OF 292.50 FEET. A CENTRAL ANGLE OF 25023'17" AND SUBTENDED BY A CHORD BEARING SOUTH 89016'47" EAST, 128.55 FEET; 7. THENCE SOUTH 75'57'18"EAST, 133.10 FEET; WARRANTY DECO EXHIBIT A,page 1 RECEIVED & FILED CITY OF EAGLE MAY 2 5 2021 File: 8. THENCE SOUTH 79°24'24"EAST,57.83 FEET; Route to: 9. THENCE SOUTH 75°46'44" EAST, 4.90 FEET TO THE WEST LINE OF ECHO HAWK ESTATES NO.4 AND THE EAST LINE OF QUITCLAIM DEED INSTRUMENT NO. 104077045, FROM WHICH A 1/2"REBAR (FOUND IN 2003) (REFERENCE RECORD OF SURVEY INSTRUMENT NO.6287 IN THE RECORDS OF ADA COUNTY) WITH CAP STAMPED "PLS 4347"BEARS NORTH 01°02'50"EAST,46.22 FEET; THEN ALONG THE WEST LINE OF ECHO HAWK ESTATES AND SAID EAST LINE OF QUITCLAIM DEED INSTRUMENT NO. 104077045 THE FOLLOWING TWO(2)COURSES AND DISTANCES: 10. THENCE SOUTH 04002'13"WEST,30.48 FEET; II. THENCE SOUTH 01001'41" WEST, 300.79 FEF,T TO THE NORTHEAST CORNER OF BLOCK 2 OF WYCLIFFE ESTATES AND THE NORTHEAST CORNER OF PARCEL C OF QUITCLAIM DEED INSTRUMENT NO. 2015-048034; 12. THENCE ALONG THE NORTH LINE OF PARCELS B AND C OF SAID QUITCLAIM DEED INSTRUMENT NO.2015-048034, NORTH 89°37'00" WEST,648.42 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PARCEL OF LAND BEING A PORTION OF THE SW 1/4 OF THE NE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 10 (CORNER RECORD NO. 111006151),MARKED BY A 1.25"BRASS CAP INSIDE A 1.5"IRON PIPE, FROM WHICH THF.NORTH 1/4 CORNER OF SAID SECTION 10, (CORNER RECORD NO, 94000586) MARKED BY A 2.5"BRASS CAP, BEARS NORTII 01 029'04"EAST,A DISTANCE OF 2,654.64 FEET; THENCE NORTH 01029'04" EAST, COINCIDENT WITH THE CENTER SECTION LINE OF SAID SECTION 10,A DISTANCE OF 661.44 FEET,TO THE NORTHWEST CORNER OF LOT 7, BLOCK 1 OF WYCLIFFE ESTATES SUBDMSION, AS RECORDED IN BOOK 108, PAGES 15261-15264 IN THE RECORDS OF ADA COUNTY,BEING THE POINT OF BEGINNING; THENCE SOUTH 89037'57" EAST, COINCIDENT WITH THE NORTHERLY BOUNDARY OF SAID WYCLIFFE ESTATES SUBDIVISION, A DISTANCE OF 30.01 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN THE PECK PARCEL DESCRIPTION FOUND IN THE VESTING DECREE RECORDED UNDER INSTRUMENT NO.2020-137848 IN THE RECORDS OF ADA COUNTY; THENCE. NORTH 01 029'04" EAST, ON A LINE PARALLEL WITH AND 30 FEET EASTERLY OF THE CENTER SECTION LINE OF SAID SECTION 10, ALSO COINCIDENT WITH THE WESTERLY BOUNDARY OF THOSE LANDS DESCRIBED IN SAID PECK PARCEL DESCRIPTION, A DISTANCE OF 370.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, ALSO BEING TIIE CENTERLINE OF THE FARMER'S UNION CANAL; WARRANTY DEED EXHIBIT A,page 2 RECEIVED&FILED CITY OF EAGLE MAY 2 5 2021 File: THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE R1:0 DISTANCE OF 30.59 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 04°34'53", A RADIUS OF 382.50 FEET, AND A CHORD BEARING OF NORTH 77022'04" WEST, A DISTANCE OF 30.58 FEET, TO A POINT ON THE CENTER SECTION LINE OF SAID SECTION 10; THENCE SOUTH 01024'04"WEST,COINCIDENT WITH SAID CENTER SECTION LINE,A DISTANCE OF 376.70 FEET TO THE POINT OF BEGINNING. Wnax,wry DEW EXHIBIT A,page 3 Exhibit `B" Affidavit of JIM ZUBILLAGA AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) JIM ZUBILLAGA,who being first duly sworn under oath,deposes and says: 1. I am JIM ZUBILLAGA,whose mailing address is 1159 East Iron Eagle Drive, Suite 170- K,Eagle,ID, 83616("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto(the"Property"). 3. JIM ZUBILLAGA authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-651IA and Eagle City Code Section 8-10-1. DATED this 1 day of �r . 2022. By: Owner By: Jim Zubillaga,Manager, MCG-Sterling, LLC SUBSC AND SWORN to before me this 7 14—day of Cr—lqt'`u_!!�n_, 2022. tary Public for Idaho Resat _ Idaho My Comrnr � n expires Page 1 of I K:\Planning Dept\Eagle Applications\SUBS\202l\Rene Commons\03-Working Files\01-Administrative\Development Agreement\Rene Commons-Development Agreement Affidavit doe CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 a A���WWC4 _ 00* A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Cali rnia County of On 1? T - before me, m r s G:141man MqTk-� q PoLlic ate Ja Here Insert Name and Title of the Officer personally appeared I r R.� �LLto G�n Name( ❑f Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the DAMARIS GELLAAAN laws of the State of California that the foregoing I *D*, NotaryPublic-California paragraph is true and correct. Santa Clara County Commission M 2326052 WITNESS my hand and official seal. y Comm.Expires Dec 10,2025 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 1����� � LP f Document Date: n� � � Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Clamed by Si n r(s) Signer's Name: f &4-CA Signer's Name: X Corporate Officer— Title(s): 09—r ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Exhibit "C" -44m, W° IF LU jig cl -i!'; NPI�HC'.H:l :ti m m AIL r P In L --L-- 01 d j Q d6 U (n o ` _€ — Q ! !' 2< o J 0 L7 Q • I� o •*t o m �� W III i mCL CN L III Q ~ lil �I ! I I I I +' w + ------------------ ---------------.r. Q w I oI al,� �LLJ 3 Exhibit «D„w i NOISIAIOBf1SSNOWW00 3N3FJ> 11lO H3dOl3A30 s„ w - w ¢c� I `i < 1 ' x • _ ! .1 ,.o_ b31 lV+_t+M �N!l -N~ 8 0 Ll N I. LL LU 5 07 a 'j, Z cv � I N �� - ._ W•9 n T 1 ; NVId'JNlavIdO ry e - 7 �s xoismagas o� R Exhibit "E" sxo�� g No CD e zz-co-w:1Lva 1 . NOuonNISN00 60:103AOHddV ION I r. '- •` 8� 1111 ._ _ ( dP r 11 ! ' v -- i i,'! P1.7 i I 1y I o �+ 2g I I. � �� 1 - 1 --- - :==-�.-- LO Exhibit "F" INTER o Zoning Administration OFFICE To: Planning and Zoning Commissioners From: Steve Noyes, Trails and Pathways Superintendent Subject: Parks, Pathways and Recreation Commission Pathway Recommendations—A-07-21/RZ-08-21 &PP-10-21 Rene Commons Subdivision Date: 8/27/2021 Attachment(s): None Copy To: Becky McKay, Engineering Solutions, LLP <beckym@engsol.org> Commissioners, The Rene Commons development will play an important role in providing public pathways along canals, as well as connections to surrounding neighborhoods. F him � Floatirig Feather Rd . ■ Eagle Golf Course Place ene i ti - Page 1 of 12 K:\Planning Dept\Eagle Applications\SUBS\202 I\Rene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me.doc On 8/26/2021, the City of Eagle Parks,Pathways and Recreation Commission voted unanimously to recommend approval of this item with site conditions for approval as shown herein. PUBLIC ACCESS EASEMENTS: a. The following list refers to callouts in FIGURE 1: ■ A&B=The developer shall provide a public access an easement 25-feet in width, in favor of the City of Eagle, with a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible for the alignment shown in GREEN including the section shown connecting to the existing bridge. If the applicant provides evidence showing any exclusive easement or legal right of any party that would preclude the granting of a public access easement in the same location, then this condition shall be considered satisfied. (Typically, when an easement cannot be granted in the desired location, the City requires a separate easement adjacent to the one originally conditioned. However, due to the step slope on the south edge of this canal access road, adding an additional easement next to the canal road would be impractical.) • C, E & F=The developer shall provide a public access an easement 25-feet in width, in favor of the City of Eagle, with a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible width for the alignments shown in BLUE and YELLOW. ■ G=(Information only)Three parcels east of the project footprint (two homes and a common lot) would have to be part of an agreement with the property owners to gain public access to the connecting street shown in ORANGE. (Note: on 8111121 staff met with the Echohawk HOA President who has agreed to present a proposal for public access easements.) b. Public access easements 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. c. The City reserves the right to construct, connect or continue within the easements,public pathways 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 2 of 12 KAPlanning Depl\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documenu\Rene Commons PPRC Rec me.doc 2. PATHWAYS. a. The following list also refers to callouts in FIGURE 1: • A&B =The developer shall provide a 10-foot minimum width pathway built using only items 5 and b in the City Standard for Natural Surface Pathways as shown in FIGURE 3 from the western boundary of the project to the eastern boundary, to include the section for future connection to the existing bridge. (Variance from the standard is appropriate due to the steep bank angles of this narrow levee. Excavation up to 24-inches to employ the complete specification could lead to bank instability and increased erosion.) All improvements made to areas A and B may only be completed with the written approval of the Farmers Union Ditch Company. • B=The developer-shall install a gate to prevent unauthorized use of the bridge at this location. This gate is subject to Design Review approval. • C=The developer shall provide a 10-foot-wide pathway built to the City Standard for Concrete Pathways as shown in FIGURE 2. • D=The developer shall provide dog bag dispenser/waste receptacle at this location. • E=The developer shall provide a 10-foot-wide pathway built to the City Standard for Concrete Pathways as shown in FIGURE 2. The south end of the proposed pathway design shall be modified to help create a speed control point by shifting the alignment to the west at the existing fence as shown. The pathway width shall taper to match the width of the stairs in Wycliffe Estates. The taper may begin no further than 15-running-feet north of the stairs. ■ F=The developer shall provide a 5-foot-wide pathway built to the ACHD Sidewalk Standards as shown in FIGURE 2 and expand the seating pad surface to accommodate wheeled access. 0 G= (information only) Three parcels (one common lot and two residences) in Echohawk Estates that border the canal. (Staff has spoken with the HOA President, he has spoken with other board members, and they seem agreeable to providing easements in favor of the City for public access pending legal approval.) b. Curb ramps where pathways meet roadways shall be provided where they are permitted by ACHD. c. All connections to pathways, sidewalks or roadways are to be radiused a minimum of 8- feet and connected to adjacent pathways as required by the City. Page 3 of 12 KAPlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documcnts\Rene Commons PPRC Rcc me.doc - = -• �;�. T V •1 i �• t FIGURE 1 3. CONSTRUCTION TIMING: 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 for each phase. 4. MAINTENANCE: the developer and future homeowners association shall provide maintenance of the pathways in perpetuity. Page 4 of 12 KAPlanning Dept\Eagle Applications\SUBS\202 RRene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me-doc 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 INSTALL WEED FABRIC(4 OZ.NON-WOVEN GEOTEXTILE FILTER FABRIC)UNDER ENTIRE PATHWAY AREA UNDER THE 4-INCH LAYER OF'/.-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 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 O.0, 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' { '1 r !!! FIGURE 2 Page 5 of 12 KAPlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documcnts\Rene Commons PPRC Rec mcdoc NATURAL SURFACE PATHWAY KEY NOTES INSTALL A 24-INCH(DEPTH)BIOBARRJER 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 BIOSARRIER 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 ' 0 INSTALL WEED FABRIC(4OZ NON-WOVEN GEOTEXTILE FILTER FABRIC)UNDER ENTIRE PATHWAY AREA UNDER THE 4-INCH LAYER OF'/-MINUS 4, 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 2 5-INCH DEEP 10-FOOT WIDE 12 MINUS CRUSHER FINES TREAD SURFACE.SLOPED AT 1 75%+l- 25%THIS SURFACE IS TO BE COMPACTED AND THE FINISHED SURFACE SHALL BE SUITABLE FOR WHEELED NON-MOTORIZED TRAFFIC " GRADATION SIEVE SIZE%PASSING PARTICLE SIZE %OF PASSING BY WEIGHT 12' 100% 3B- 100% #4 70-90% #8 45-70% #16 28-50% N30 19-34% #50 12-25% 0100 7—18% N200 10-15% THE ROCK MUST BE CRUSHED INTO IRREGULAR AND ANGULAR PARTICLES TO ALLOW INTERLOCKING INTO A TIGHT MATRIX ROUNDED PARTICLES LIKE PEA GRAVEL OR DECOMPOSED GRANITE ARE NOT PERMITTED IF THE GRADATION OF CRUSHER FINES DOES NOT MEET THE 10%PASSING THE#2W CLAY FINES MAY BE ADDED AND MIXED WITH THE AGGREGATE CONSISTENT MIXING OF PARTICLES IS CRITICAL MATERIAL SHALL HAVE A PERCENT WEAR NOT MORE THAN 35,AT 500 REVOLUTIONS AS DETERMINED USING THE LOS ANGELES ABRASION TEST(APSHTO-T96) u 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 1 i�j 1 � I v FIGURE 3 Page 6 of 12 KAPlanning Dept\Eagle Applications\SUBS\202 I\Rene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me.doc 5. DESIGN& LANDSCAPING: The pathway shall be designed as described in the Pathway Design notes in FIGURE 4. Landscaping shall be allowed within the easement in so long as it conforms with City's specification. (See Pathway Design notes 6 and 7 in FIGURE 4). PATHWAY DESIGN I 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 4 Page 7 of 12 KAPlanning DeptTagle Applications\SUBS\202 I\Rene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me.doc 6. SIGNAGE: within all public access easements, the City shall reserve the right to display signage. (See examples in FIGURE 4)The physical form including materials,placement, and message of any signage that the developer or HOA wishes to display within public access easement(s)must be •• • • in writing by the City. EXAMPLESSIGNAGE O. CTP O. !n�ti ��tl�t�r �:,,n�,.,w IS hall, �;� PRIVATE PROPERTY �Ul ej,l�i'•ITU:f n1 i{1Jn1t•(1 tc, thr• Thdrl l(s t0 do ea�5el?lent rl[, -;r t.,�,l; ;;� [�,�� .I�:,<I<<•n[' PLEASE RESPECT OUR granted by [his prl.�pi•rtyt?'..nrrs [o cnFtante u l.,r �.{u,lli!y �,f !�,�" NEIGHBOR.5 development the City of Eagle has the option of ris�•,,,, r.•S�r��, t{,eirs eontmu{ng this public THIS .AREA CLOSED pathway in the future. 1 L3y nn fhF (7;L!t` Leas,, y�,l.,r pets TO TEIE PUBLIC le3w:r no tr;ic:e "rr i/ �" �..,. 1 �r .. ! �r/� •fir!/i�.%%" DOG WST WAY -. -il�� h- ;li.. i��ri �.:!�.t; al e�:�r•;:,n:- i ni If',p lira!ih rT,,�+diri;• �:- it �in � 1 � EAS FIGURE 4 DOC,S MUST 8E GN A LEASH (.)N LJ'�GS A�1CST RE O:'�A L1.15H IN A��I.7 AR(ll?N[J FAThI'vVAYS hh115 F':'11ZK\I AzL 1'iti1L5 ,a.T ALL T1�.1L5 III{:i_LiDI:tiG TR\ILS Downtown Bolse l M� F'c[ �n��rs[�1 mi:til re pik��Cl ul.� I'-. ". _;r- rr�.Is[ h-. • � !��. IJ[.j in:mc•diali•ly ..,d �,la��... in .:as,i ,,rr�=�i r�rr , ,,-�, p ,c�.. �n•.�=�.rr Lu(ISy ?E dli wre..een..werK.. t�.��..�•yn..r.R� �: r. 4etgew wly M nand r�(���� Gww.rryy Ee nyrd. � r 1pl.Clry'-'--a 5.i;lSJ 81w C•y CMti•t+►.:7 IUnpavetiJ Thanks In•an e�sen,en[ yrZn[ad by thi; E:,g�e has the oz,tiun of co�ntlnuing this publil_ pnth�.•,�ay,n the future. Page i of I I• 7. OUT OF PROJECT IMPROVEMENT --CONNECTION TO WYCLIFFE ESTATES: FIGURE 5 below shows the connection area for Rene Commons Pathway "E" (FIGURE 1) looking northward from Wycliffe Estates. There are a steep set of stairs, approximately 7-feet in width that begin well into this common area. These stairs, if aligned directly to a straight pathway, would create a potential safety concern for bicycles. 1+� t i if I i L. FIGURE 5 a. The Rene Commons developer shall realine the pathway"E"design to the far west of their common area, in order to provide a control point leading into the stairs. The red lines in FIGURE 6 show an approximate tread outline intended to act as a control point for wheeled traffic. This control point shall be provided by Rene Commons. Removal of the brick pavers and landscape restoration will be required. Modifications to existing fencing are subject to City and Wycliffe HOA approval. r 1 • l FIGURE 6 b. To prevent traffic from shortcutting the pathway, the developer shall provide fence extensions in Page 9 of 12 KAPlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me-doe the postions shown in YELLOW in FIGURE 7. llle l,. FIGURE 7 c. An 18 x 18-inch CAUTION STAIRS AHEAD sign, similar to the example shown in FIGURE 8, shall be installed on or near the west fence extension. This sign is to face to the north in alignment with the pathway. CAUTION 1+� r �1 STAIRS AHEAD .. FIGURE 8 Page 10 of 12 KAPlanning DeptTagle Applications\SUBS\202MRene Commons\04Appmo ed Plans and Final Do nents\Rene Commons PPRC Rec me.doc d. An 18 x 18-inch NO BICYCLES sign, similar to the example shown in FIGURE 9, and a NO BICYCLES sign, similar to the example shown in FIGURE 8, shall be installed 15-feet south of the entrance to Pathway"E"facing to the north. The sign post is to be no closer than 3-feet to the pathway edge. FIGURE 9 NOTE: To ensure that all appropriatee safety measures are integrated, all elements of the concept depicted in Figures 6, 7, 8 and 9 are subject to approval of the City Engineer. Variances from landscaping code shall be allowed to maximize the safety of this connection but are subject to City approval. 8. AUTHORIZATION TO CONNECT—WYCLIFFE ESTATES SUBDIVISION FIGURE 10 below shows a letter from the Wycliffe Eastes Homeowners association authorizing Rene Commons to make improvements as described as described in Item 7 of this document. Page 11 of 12 KAPlanning Dept\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documents\Renc Commons PPRC Rec me.doc WYCLIFFE ESTATES September 7, 2021 The Wycliffe Estates Homeowners Association approves the connection to the proposed Rene Commons development as described and conditioned in the attached Rene Commons PPRC Recommendation nle.doc file. Item 7,with one additional condition: the City of Eagle will provide up to four 12 x 18-inch signs for use in our common areas (see figure below). For the health • safety of PET WASTE MUST BE PICKED UP IMMEDIATELY AND PLACED IN RECEPTACLES Thank you, Jalene Cabrales President Wycliffe Estates HOA FIGURE 10 END OF PPRC RECOMMENDATION Page 12 of 12 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\04-Approved Plans and Final Documents\Rene Commons PPRC Rec me.doc