Minutes - 2001 - Planning & Zoning - 08/06/2001 - RegularROCKET BAR SUBDIVISION
A PART OF THE NWS, SEC. 3 dl A PART OF THE NE.4 , SEC. 4, 7:4 N., R.1 E., 8.M.
ADA COUNTY, 1 DAHO.
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FARMERS UNION ';��' (INITIAL POINT
CANAL EASEMENT Serra; 544.55, 331134 • W
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LEGEND —
O 3'0' 0 Steel Bars .30' Long o/ Angle Paints on
Boundary.
%t' 0 Steel Bars 24' Long of Lot Corners and
Points of Curvoturel.
• Points on Center Line of Formers Union
to
.
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S 89'10 569.56'
CULOFSAC
Thot pore or the Curale3oe oaosrar the
norr,.al 50 root roeo .,:alh ,ar11 re..-ert
to Inc +djnrent property 4wner5 whC9r
tdsewooi Road .S e•tcnocd South.
Canal not Set.
..... Public Utility 'and Irrigation Easements.
OLot Number
Block Number •
This pial is urc ':.,-: :Or ti:a purpose of assisting
in locating said premises and the Company assumes no
liability for variations. if any. in dimensions end loeatic;u-
ascertained by actual survey.
RESTRICTIVE ANL PROTECTIVE COVEN,NTS
ROCKET BAR SUBDIVISION
RECORDED: APRIL 26, 1972
INSTRUMENT #804194
Know All Men By These Presents: That We, the undersigned, are the owners
and the holders of the title in fee simple of all that certain real
estate situated in Ada County, Idaho, hereinafter described:
A part of the NW4, Section 3 and a part
of the NEw, Section 4, T. 4 N., R. 1E.,
B. M., Ada County, Idaho; more particularly
described as follows:
Beginning at the Section Corner common to
Sections 33 and 34, T. 5 N., R. 1 E., B. M.
and Sections 3 and 4, T. 4. N., R. 1 E., B. M. ;
Thence N. 89°13' W. 544.55 feet to an iron pin;
Thence South 2597.15 feet to an iron pin; -_
Thence S. 89°10" E. 569.56 feet to an iron pin;
Thence North 213.04 feet to a point on the center
line of the Farmers Union Canal;
Thence along the center line of said canal
N. 77°57" E. 138.99 feet to a point;
Thence N. 48°10'40" E. 202.86 feet to a point;
Thence N. 74°20'40" E. 139.50 feet to a point;
Thence N. 29°42'20" E. 146.61 feet to a point;
Thence N. 36°04'20" E. 280.00 feet to a point;
Thence N. 57°56'20" E. 108.92 feet to a point;
Thence N. 74°35' E. 276.63 feet to a point;
Thence N. 42°04' E. 61.69 feet to a point;
Thence N. 1°30'20" E. 124.04 feet to a point;
Thence N. 22°05'40" E. 86.44 feet to a point;
Thence N. 44°37'40" E. 180.56 fe :t to apoint;
Thence N. 70°10' E. 224.09 feet to a point;
Thence N. 26°32' E. 154.83 feet to a point;
Thence N. 14°16' W. 482.71 feet to the final point
on said canal center line;
Thence East 537.18 feet to an iron pin;
Thence North 610.02 feet to an iron pin;
Thence N. 89°13' W. 1945.71 feet to the Point of
Beginning.
1. That all of the real property and all lots, parcels and portions
of said tract, and any conveyance covering or described all or any part
thereof by description shall be subject to the following restrictions,
protective covenants, and conditions; and that by the acceptance of any
conveyance of any property in said tract, the grantee or grantees therein
and their heirs, executors, administrators, successors or assigns, cove-
nant with the party hereto, his heirs and assigns, and with the other
grantees or subsequent owners of property in said tract as to the prop-
erty so described and conveyed in or by such conveyance as follows:
a. All lots in said subdivision shall be known and described as
residential lots, and said lots or any part thereofor any structure
placed thereon shall not be used for any commercial purpose.
b. No building shall be located on any lot nearer than 20 feet to
the front lot line, or nearer than 7i feet to any side line. No build-
ing shall be located nearer than 25 feet to an interior lot line.
c. Easements for installation and maintenance of utilities and
drainage facilities are reserved for location as shown on the official
n1at of this subdivision.
ROCKET BAR SUBDIVISION
PAGE 2
d. No noxious or offensive activity shall be carried on upon any
tract, nor shall anything be done thereon which may be or may become
an annoyance or nuisance to the neighborhood.
e. No structure of a temporary character, trailer, mobile home,
basement, tent, shack, garage, barn or other outbuilding shall be used
on any lot any time as a residen cep either temporarily or permanently.
f. No hogs of any kind shall be raised, bred or kept on any tract.
Dogs, cats or other household pets may be kept provided that they are
not kept, bred or maintained for any commercial purpose. All other
livestock kept on said premises shall not be of such great number as to
constitute a public or private nuisance.
g. No tract shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and
sanitary condition.
h. All sewage disposal systems shall be constructed in compliance
with the standards of the Department of Public Health, both State and
County.
i. No residence shall be constructed which costs less than $16,500.00
not including the cost of land.
2. That any conveyance of any or all of that real property here-
inbefore described shall carry with it a conveyance of that proportionate
water right appurtenant thereto as such portion relates to the whole of
the property hereinbefore described.
3. That these covenants and restrictions are to run with the land
and shall be binding on all the parties and all persons claiming under
them for a period of ten years from the date these covenants are re-
corded, after which time said covenants shall be automatically extended
for successive periods of 10 years unless an instrument signed by a
majority of the then owners of the lots has been recorded, agreeing to
change said covenants in whole or in part.
4. If the parties hereto or any of them or their heirs or assigns
or persons claiming under or through them or any other persons, whether
such person be the owner of any property in said tract or not, shall
violate or attempt to violate any of the covenants herein it shall be
lawful for any other person or persons owning any real property situated
in said tract to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate such covenant
and either to present him or them from doing so or to recover damages
for such violation.
5. Invalidation of any one of these covenants by judgment of
court shall in no wise effect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF, The undersigned, have hereunto set their
hands and seals this 15 day of April, 1972.
GEORGE KAUFMAN On this 15 day of April, 1972, before
JOSEPHINE J. KAUFMAN me, the undersigned, a Notary Public
STATE O.t' IDAHO) for said State, personally appeared
)ss. George Kaufman and Josephine J. Kau-
County of Ada ) fman, husband and wife, known to me to
be the persons whose names are sub-
scribed to the within and foregoing
instrument, and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
JAMES 0. GARROW
iv . r . 'or l aano
Resideing at Boise, Idaho
6 August 2001
Planning and Zoning
Cit}- of Eagle
P.O Box 477
Eagle. Idaho 83616
RE. Rezone and Development Modification to Eagle Country Plaza
Dear Madam Clerk end Members of Planning and Zoning:
I am in receipt of the Legal Notice to Property Owners dated 18 Jul- 2001. I received this only
after having to call and request why 1 was NOT notified of the original planned meeting of 16
July 2001. I appreciate thc continuing of this rezone until 1 could voice m. concerns.
Mr. Hodges (Western Reality Advisors) in seeking approval of the development application to
rezone a portion of this property from R-1 to a conditional use permit classification presented a
development that would limit size and operation of businesses to minimizc the impact to
neighboring residential properties. Currently, we have glaring lights from the rear of the mall
into our home. One can only imagine what the glare is when it is fall and winter with shorter
days! Probably secondary to glaring lights is thc routine garbage pick up before 6:00 AM What
does this have to do with rezoning and modification? The answer is that these were items that
were "guaranteed" NOT to happen and they are now a part of our everyday life.
I am very concerned with ANOTHER modification to thc original Eagle Country Plaza
Development Agreement that the city of Eagle entered into with Mr. William Hodges on 27 June
1995. Since obtaining our home which is directly bchind the Eagle County Plaza in 1996 I have
come before thc City of Eagle not less than six times for major modifications of this 27 June 1995
Development Agreement.
I am sure that an agruement will be made as to the change in signage as 'Veil_ there is now
going to be a Target across the street". That property was previously zoned as commericial — and
what we are talking about here is where a developer came to the city of Eagle presented a plan,
obtained a conditional use permit based on that proposal with public hcanngs and has
consistently come back before thc city_ with "minor" changes that are in fact a wide variation from
what was agreed upon.
We are asking that signagc be limited to what was orginally agrccd upon in the 27 June 1995
development agreement. Mr. Hodges has misrepresent repeatly what thc Eagle Country Plaza
will be and thc impact to neighbors. Now I believe that the tenents of thc Eagle County Plaza
are being pitted against the existing neighbors by Mr. Hodges that they need the increased
signagc, yet Mr Hodges has repeatedly come before thc city of Eagle presently that the County_
Plaza is a destination by testimony of his own architects to make past modifications to thc
development agreement So now he is reversing his past testimony of this being a destination.
I strongly request that you hold Mr. Hodges to thc original development agreement.
Sincerely.
Denicc Goodrich Li1e�
2485 N. Edgewood Rd.
Eagle, ID 83616
August 9, 2001
To Whom It May Concern:
We currently reside at 2485 N. Edgewood Rd. and we are opposed to the proposed
rezoning of property at the corner of Edgewood and Beacon Light Road. We do not feel
the need for additional houses in this five -acre subdivision due to the lack of services and
the current water problem. Due to the increased number of houses in this area the level
of the water aquafir has been lowered to the point that we do not have sufficient water.
Because of this we have been forced to install a smaller pump. Additional wells will
increase this problem. Therefore, we do not support the proposed rezoning plan.
Richard & Joyce Smith
i
•
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-4-01 - Rezone from A -R to R -E —.I.L. Ghent. Inc.
August 13, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
/ Q /
/-)611[JutA.
%
1 Dry ,c0eG
ADDRESS ,
22 e/2 is(fe 0 a
4 o g 3 C /�
(7/Q_t,)Uoc/
/
a23 ELIfit' / .c-DcC?vC
25' A). EA LO) 'f
a 5-3a, Al ..t. -/96e -4)0a0
Page 1 of 1
TELEPHONE PRO? CON?
T>> hyo G
932�L/30
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject: RZ-95 Mod — Development Agreement Modification - Eagle Country
Plaza LLC.
August 13, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO?
/6, eci
„ 7,-7/ff
(wed' .r lam. 7 S - %�irr
Page 1 of 2
CON?
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject: Zoning Ordinance Amendment — ZOA-5-01 The City of Ea21e
August 13, 2001
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of 1