Development Agreement - 2005 - Corrente Bello Subd - 12/29/2005Pe—record wA crtfackmeitts
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER 1VID NAVARRO
BOISE IDAHO 12/22/05 01: PM
DEPUTY Patti Thompson
RECORDED—REQUEST OF
City of Eagle
re-record
AMOUNT .00
7
105195255
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 20
BOISE IDAHO 12/29/05 01:43 PM
DEPUTY Patti Thompson 1111111111111111111111111111111111111
RECORDED—REQUEST OF
City of Eagle 105198353
DEVELOPMENT AGREEMENT
dCANNELJ
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Gemstar Development, Inc., LLC, and Carmen, LLC, ("Owners").
WHEREAS, the Owners are the owners of record of certain real estate located on the
north side of West Floating Feather Road approximately 1/2 (one-half) mile west of Eagle Road,
Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-07-
05; and
WHEREAS, the proposed development includes property within an area currently zoned
R -E (Residential — Estates District); and
WHEREAS, the Owners desires an R -3 -DA (Residential Three with a development
agreement) zoning classification to develop a single family residential development 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 the proposed use upon the Property must be limited 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
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WHEREAS, the Owners have agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to an R -3 -DA (Residential
Three with a development agreement) zoning designation for the Property with the requirements
set forth in this Development Agreement; and
WHEREAS, the Owners have previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
1(C)(1); and
WHEREFORE, the Owners and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to an R -3 -DA (Residential Three with a development
agreement) zoning designation, 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 II
CONDITIONS OF DEVELOPMENT
2.1 The maximum density for the Property shall be 1.15 -dwelling units per acre (109 single
family lots), including the existing residential dwelling.
2.2 The existing single family dwelling shall be included as a part of any subdivision proposed
for the property.
2.3 The minimum lot size for the existing house site shall be 9.5 -acres.
2.4 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and Tuscan architectural
styles (Exhibit "C") represents an example of the property owners' current concept for the
site and understands and agrees that changes in that concept will likely occur. The property
owners also understand and agree that any changes regarding development of the site must be
in conformance with the "Conditions of Development" stated herein.
2.5 The development shall comply with the Eagle City Code, as it exists in final form at the time
a design review application is made, including compliance with all of the conditions as
provided within this development agreement.
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2.6 The property owners shall remove the nine (9) accessory structures located near the southeast
corner of the Property from the site prior to the issuance of any building permits for the site.
Demolition permits shall be obtained prior to the removal of said structures.
2.7 The homes to be constructed on Lots 24,25,27,32 and 33, Block 1, (as shown on the
Preliminary Plat, date stamped by the City on May 19, 2005), shall not exceed one-story in
height (25 -feet maximum height excluding daylight basement).
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to 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 IV
DEFAULT
4.1 In the event the Owners fails to comply with the commitments set forth herein, within thirty
(30) days of written notice of such failure from Eagle, Eagle shall have the right, without
prejudice to any other rights or remedies, to cure such default or enjoin such violation and
otherwise enforce the requirements contained in this Development Agreement or to terminate
the Development Agreement following the process established in Eagle City Code Section 8-
10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development 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 terminate and the zoning of the property
shall revert to the R -E (Residential — Estates) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re -negotiated in good faith between the
Owners (or other appropriate party) and Eagle as an amendment to the Development Agreement
processed in accordance with the notice and hearing provisions of Idaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
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ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Owners. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Owner and owners, and
their respective heirs, administrators, executors, agents, legal representatives, successors, and
assigns; provided, however, that if all or any portion of the development is sold, the sellers
shall thereupon be released and discharged from any and all obligations in connection with
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 liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
7.1 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.
7.2 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.
7.3 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.
7.4 Legal Representation. Both the Owners and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither
party shall have been deemed to have been the draftor of this agreement.
7.5 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
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below;
Eagle: City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners: Gemstar Development, Inc.
228 East Plaza Street
Eagle, Idaho 83616
Carmen, LLC
3433 North Holl Drive
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7 -years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this / 2 day of jgiLv 005.
CITY OF EAGLE, a municipal corporation
or • nized and existing under the laws of the State of
Id• o
.!BY:
Nancy C . Merril/ Mayor
•
F ti ......e.
i' OOe 0 f.Tie'•�* •\:
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•••.,STATE "�#t rrente Bello da cc version doc
Gemstar Development, c., LLC
By:
Steve Schmidt, Managing Member
Carmen, L
By:
Gerald Rall, Member
STATE OF IDAHO )
. ss.
County of Ada)
On this -day of !' �e[, 2005, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at: f �
r lr �aAA 1
My Commission Expires: tf-- 7 1p g
STATE OF IDAHO )
. ss.
County of Ada)
On this J day of j\}a (ti)n..12,4 , 2005, before the undersigned notary public in and for
the said state, personally appeared STEVE SCHMIDT, MANAGING MEMBER, GEMSTAR
DEVELOPMENT, INC., LLC, known or identified to me to be an owner of the property
referenced herein and the person(s) who executed the foregoing instrument.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. ,,•,,,,,,,,,,,,,,,
••••• . LOpF ,,• .
•
Notary '� blic fo daho
#OTARp.
Alba OP
4°061.%G
STATE OF IDAHO )
. ss.
County of Ada)
Residing at: F1 f c)J
My Commission Expires: �}
On this day of 2005, before the undersigned notary public in and for
the said state, personally appeared GERALD HALL, MEMBER, CARMEN, LLC, known or
identified to me to be an owner of the property referenced herein and the person(s) who executed
the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
•.N j. LOP; •.
• .00
•
•
Notary li'ublic foaho
Residing at: p(j Q Q� , J Q Q
My Commission Expires: DI - pal - a D
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EXHIBIT "A(1)"
LEGAL DESCRIPTION:
PARCEL A:
The South half of the Southwest quarter and the Northeast quarter
of the Southwest quarter of Section 5, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land lying in the Southeast quarter of the Southwest
quarter of Section 5, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho, more particularly
described as follows:
Commencing at the Section corner common to Sections 5, 6, 7 and 8
of Township 4 North, Range 1 East, Boise Meridian, being
marked by a brass cap monument; thence
South 89°14'37" East, along the Section line common to said
Sections 5 and 8 for a distance of 1327.37 feet to the West
1/16th corner common to said Section 5 and 8: thence
continuing
South 89°14'37" East along said Section line for a distance of
135.02 feet to the REAL POINT OF BEGINNING; thence
North 0°21'05" West along a line which is parallel to and 135.00
feet Easterly of the West line of the Southeast quarter of the
Southwest quarter of said Section 5, for a distance of 1279.04
feet; thence
North 89°38'43" East for a distance of 1192.04 feet to a point on
the East line of the Southwest quarter of said Section 5;
thence
South 0°21'17" East along the East line of said Southwest quarter
for a distance of 1162.22 feet; thence
South 89°38'43" West for a distance of 100.00 feet; thence
South 0°21'17" East for a distance of 138.00 feet to a point on the
Section line common to said Sections 5 and 8; thence
North 89°14'37" West along said Section line for a distance of
1092.32 feet to the REAL POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land lying in the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of
Section 5, Township 4 North, Range 1 East, Boise Meridian, Eagle City, Ada County, Idaho, more
particularly described as follows:
Commencing at the section corner common to Sections 5, 6, 7 and 8 of Township 4 North, Range 1 East,
Boise Meridian, being marked by a brass cap monument in the centerline of W. Floating Feather Road;
thence South 89°14'37" East along the section line common to said Sections 5 and 8, said line also being
the centerline of W. Floating Feather Road, for a distance of 2,654.73 feet to the quarter section corner
common to said Sections 5 and 8, marked by a brass cap monument, said point being the REAL POINT
OF BEGINNING; thence North 0°21'17" West along the North-South center of section line of said Section
5 for a distance of 139.94 feet; thence South 89°38'43" West for a distance of 100.00 feet; thence South
0°21'17" East for a distance of 138.00 feet to a point on the section Zine common to said Sections 5 and
8; thence South 89°14'3T East along said section line for a distance of 100.02 feet to the REAL POINT
OF BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A parcel of land for public right of way located in the South half of the Southwest Quarter of Section 5,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly
described as follows:
To find the place of beginning. Commence at the section corner common to Sections 5, 6, 7 and 8 of
Township 4 North, Range 1 East, Boise Meridian, being marked by a brass cap monument; thence South
89°17153" East, a distance of 1327.29 feet to a point (formerly South 89°14'37" East 1327.37 feet) said
point being the West 1/16th corner common to said Sections 5 and 8; thence continuing South 89°17'53"
East, a distance of 135.03 feet to a point for the PLACE OF BEGINNING; thence North 0°24'21" West, a
distance of 65.01 feet to a point; thence North 89°17'53" West a distance of 141.30 feet to a point;
thence South 3°49'00" West, a distance of 40.06 feet to a point; thence South 0°42'07" West, a distance
of 25.00 feet to a point; thence South 89°17'53" East, a distance of 144.73 feet to the PLACE OF
BEGINNING.
FURTHER EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
A portion of the Southwest Quarter of the Southwest Quarter; and the Southeast Quarter of the
Southwest Quarter of Section 5, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho,
being more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of said Section 5, Township 4 North, Range 1
East, Boise Meridian, Ada
County, Idaho, also said point being the TRUE POINT OF BEGINNING;
thence North 0°20'51" West along the West boundary of said Section 5 a
distance of 1,315.55 feet to a point which is on the West section
line; thence South 89°18'33" East a distance of 1,362.26 feet to a point; thence South 0°21'05" East a
distance of 1,317.11 feet to a point which is
on the South boundary of said Section 5; thence North 89°14'37" West along the South boundary of said
Section 5 a distance of 1,362.37 feet to the POINT OF BEGINNING.
PARCEL B:
The West 8 feet of the South 412.5 feet of Lot 12 of ACADEMY PLACE SUBDIVISION, according to the
plat thereof, filed in Book 4 of Plats at Page 155, records of Ada County, Idaho.
PARCEL C:
Lot 29 in ACADEMY PLACE SUBDIVISION, according to the plat thereof, filed in Book 4 of Plats at Page
155, records of Ada County, Idaho.
FEB -23-2005 1036
EXHIBIT "A(2)"
FA -143642
P.2)5
A portion of the Soatbwest Quarter of the southweet Quarter; and
the Southeast Quarter of the Soutbvsat Quarter of section 5, .
Townabip 4 North, Sang. 1 East, Striae Meridian, Ada County, Idaho,
being more particularly described as follows:
Begimniag at a brass cap marking the southwest corner of said
Section 5, Township 4 north, Range i East, Boise
Meridian, Ada County, Idaho, also said point being the
TARE 'POINT OF 8DMINNInS; th nus
North 0920'51" test along the west boundary of said Section 5 a'
distance of 1,315.55 feet to a point Which is on the nest
section line; thence
South 89°18'33" East a distance of 1,262.26 feet to a point; thence
South 0°21'05" East a distance of 1,317.11 feet to a point which is
on the South boundary of said section 5; thence
North 89014'37" Test along the South boundary of paid Section 5 a
distance of 1,362.37 feet to the POINT OF SEGIN$INA.
MS AND EXCEPTING therefrom a parcel of land for public right of
Way located in the South half of the Southwest Quarter of Section
5, Township 4 North, !Mange 1 Bast, Boise Meridian, Ada county,
Idaho, and being more particularly described as follows;
To find tbs place of beginning, Commence at the section corner
common to Sections 5, 6, 7 and 8 of Township 4 North,
Mange 1 East, eotee Meridian, being marked by a brass cap
monument; thence
South 69°17'53" Bast, a distance of 1327.29 feet to a point
(formerly South 89.14'37" Bast 1327.37 feat), said point
being the West 1/16th corner common to said sections S
and B; thence continuing
South 89°17'53" East, a distance of 195.03 feet to a point far the
PLACE OP HBGINN1N0; thence
North 0°24'21" Nest, a distance of 65.01 feet to a point; thence:
Horth 89°17'53" fest, a distaaoe of 141.30 feet to a point; Mance
south 3949'00" West, a distance of 40.06 feet to a point; thence
south 0.42'07" Meat, a distance of 25.00 feet to a point; thence
South 89°17'53" East, a distance of 144.73 feet to the PLACE OF
HBBINNZNG.
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RECEIVED & FILED
CITY OF EAGLE
MAY 2005
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