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Development Agreement - 2024 - Brookstone Subdivision - 4/10/2024Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=16 VICTORIA BAILEY CITY OF EAGLE, IDAHO DEVELOPMENT AGREEMENT 2024-019094 04/12/2024 12:07 PM NO FEE For Recording Purposes Do Not 'Write Above This Line 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 BONNIE PONTIER ("Owner°'). RECITALS 'WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos. SO411347000 and SO41143800 ("Properly"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No, R:Z-13-22; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-1 irban Transition -- Ada County designation); and WHEREAS, the Owner desires a R-6-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 he 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 ut:e restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a R-6-DA (Residential with a development agreement) zoning designation for the Property with the requirements set Forth in this Development Agreetnent; and K.\O. e:g ept'Eegia Page 1 of I oficstioa>GOB _,262.2$rocLsicee Sub A RE PF'DA Broosb'n. Sub DA CC FNL C SR.do: 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 WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference. follows: AGREEMENT In consideration of the mutual covenants contained herein, the parties agreed as 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-6-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 4.17 dwelling units per acre (97 single- family dwellings). 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, fencing, private alleys, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the Page 2 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc repair and maintenance requirement shall run with the land and the requirement cannot be modified and the homeowner's 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, chain - link) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances 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 The setbacks shall be as follows: Single-family (detached) Front Rear Interior Side Street Side Maximum Lot Coverage Single-family (attached) Front Lots 40-71 and 77-80, Block 1 Rear Side Street Side Maximum Lot Coverage 21-feet (living space/side entry garage) 36-feet (front -load garage) 15-feet 5-feet (first story) 5-feet (each additional story) 20-feet 60% Single-family (attached) 21-feet (10-feet if alley loaded) 36-feet (front -load garage) 15-feet (5-feet if alley loaded) 5-feet (0-feet for common wall) 20-feet N/A 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating all 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. A letter of approval shall be provided to the City from the Eagle Sewer District approving construction plans for each final plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance between an electrical transformer and structure. 3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. Page 3 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on 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 submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape island 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), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 3.11 Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. 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. 3.12 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. Page 4 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc 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 67-6511 A 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. 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. Page 5 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc 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: Bonnie Pontier 771 South Trunnel Avenue Meridian, ID 83642 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 Page 6 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc 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 fmancial 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. 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. Page 7 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this I 0 day ofAin't , 2024. Tracy IJ Osborn, City Clerk STATE OF IDAHO ) : ss. County of Ada ) CITY OF EAGLE, a municipal corporation organized and existing under the laws of thp$tate of Idaho By: Brad ayar ,�G��,...... 4,01004.,,, t*t,SEAL.) A ILi,* j -I •••N•••<it On this k0 day of Yi , in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared BRAD PIKE, known to me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. .•. 'iT E ., o,,.••••.• � Q";' 4Co1AR A c \ .r• ".t. "' • • • • • I On PUBLIC e; o �• •o: • •• •�� otitissZ\4. o 141-z Notary Public Residing at: Cat L&hSLI) O My Commission Expires: 57'i Z'Zb' Page 8 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc STATE OF IDAHO ) ss. County of Ada ) On this(day of n, OWNER: , 2024, before the undersigned notary public in and for the said state, personally appeared BONNIE PONTIER, known and identified to me to be the owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set miy hand and seal the day and year first above written. MACI RICHARDSON MAMIggIptd 1i20191029 NOTARY PUBLIC STATE OF IDAHO MY COMPASSION EXPIRES 06/20/2026 dit1( ary : `ublic pr Idaho Residing at: L:76 My Commission Expires:rj 1301,-)c- Page 9 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Fencing Plan E - Building Elevations Page 10 of 10 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA CC FNL VER.doc EXHIBIT "A" A Description for R-6-DA Zone August 18, 2022 A portion of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 11 and 14, T.4N., R.1W., B.M., from which the Section corner common to Sections 11, 12, 13 and 14 bears South 89°27'42" East, 2,627.40 feet; thence on the south boundary line of said Section 11, North 89°27'06" West, 651.71 feet; thence leaving said south boundary line, North 0°25'15" East, 83.30 feet to the southerly extension of the west boundary line of that parcel described in a Quitclaim Deed recorded as Instrument No. 106021555, records of Ada County, Idaho and the REAL POINT OF BEGINNING; thence continuing on said west boundary line and the southerly extension thereof, North 00°25' 15" East, 1,019.13 feet to the northerly boundary line of said parcel; thence on said northerly boundary line the following six (6) courses and distances: South 84°48'15" East, 224.17 feet; South 83°43'47" East, 347.61 feet; South 77°56'59" East, 443.10 feet; South 36°30'05" East, 53.59 feet; South 75°54'52" East, 25.00 feet; South 66°29'13" East, 412.25 feet to the west boundary line of Eaglefield Village Subdivision as filed in the. Book 114 of Plats at Pages 16805 through 168807, records of Ada County, Idaho; thence on said west boundary line and the southerly extension thereof, South 00°41'01 " West, 370.71 feet to the centerline of State Highway 44; l ANO \CE. NSF, A Ere' 11779 �O�'�lr�l2Q2�� OF McCA Page 1 of 2 thence on said centerline, 1,467.78 feet along the arc of a curve to the right having a radius of 13,750.99 feet, a central angle of 06°06'57" and a long chord which bears South 78°50' 16" West, 1,467.09 feet to the REAL POINT OF BEGINNING. Containing 25.301 acres, more or Tess. End of Description. Page 2 of 2 EXHIBIT "B" Affidavit of BONNIE PONTIER AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada BONNIE PONTIER, who being first duly sworn under oath, deposes and says: 1. I am BONNIE PONTIER, whose mailing address is 771 South Trunnel Avenue, Meridian, ID, 83642 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Bonnie Pontier authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set fh in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the ilj5' day of kftt.‘ v , 2024, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Bonnie Pontier, (the "Agreement"). DATED this ? day of NA\ , 2024. By: SUBSCRIBED AND SWORN to before me thi MAGI RICHARDSON COMMISSION *20191029 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 05/20/2026 Bonnie Pontier day of 1 , 2024. N(' ;\ Notary Pu lic for Idaho Residing at , ' Ot, , Idaho My Commission expires I l Page 1 of 1 K:\Planning Dept\Eagle Applications\SUBS\2022\Brookstone Sub A RZ PP\DA\Brookstone Sub DA AFFIDAVIT EXHIBIT B.doc Owner: .06 IVSTATE STREET LLC 41 1© nIfl 1,o1p1 ! 1 NOTES EAGLE CITY WATER Aro EAGLE SEWER pSTRICT SEWER SERVICE SHALL BE EXTENDED TO ALl LOTS 2. THE Este ECT PROPERTY DOES NOT FALL iZZ A FEMA FLOOD HA2ARD ZONE REFERENCE FRY PANEL 16001 C0135J EFFECTIVE JUNC 19, DODO IRRIGATION WATER NAS BEEN PROv1DE0 BY L4DDLETON uLL pTCH COMPANY IN COMPLIANCE WITH DAF40 COOS SECTION J1-SBOS(1xB). L0T5 Y4 THIN THE StJBgNS10N WILL BE ENTITLED TD IRRGATON WATER RIGHTS AND/OR $HARES AN0 Nan., LOTS FALL REMAN Sl1B.ECT TO ASSESSMENTS FROM THE APPLICABLE IRRIGATION ENTITIES, TO BE PAD THROUGH FEES ASSESSED BY THE HOMEOWNER'S ASSOCAssicN THE PRESAIRRED IRRIGATION SYSTEM SHALL DE OMNED AND MNNTANED BY THE BROOKSTTX4E HCMIEOWNESE•S ASSOd ATOH, OR fi5 AS4GN5 ALL EXISTING STRUCTURES WILL BE REMOVED PRIOR TO DEVELOPMENT OF THE PHASE GENTIAN NG T4E STFILX•1i1FTE. ANY RESUBDIVISION OF THS PUT SHALL COMPLY WITH THE APPLICABLE ZONING REGULATIONS IN EFFECT AT THE TIME OF lIE RE-S11801MS10N. 6. MINMUM BULDNG SE TBACit LINE$ SHALL BE IN ACCORDANCE WITH THE APPLICABLE ZONING AND SUBDIVISION REGULATIONS AT THE TIME OF 7, SLLUADEVOMTHE BWNTHPSUBpMSIAON SGLLFlAE LCONAPTONWIH/THER EpRTEODNS OF DEVELOPMENT WITH; THE DEVELOPLENT AGREEM EN7 (NSTRUMENT N0._____) AND ANY SUBSEQUENT MODIFICATIONS TO THE DEVELOPIENT AGREEMENT. 8. LOTS SHALL NOT BE REDUCED IN SIZE WL THOUT PRIOR APPROVAL FROM TFE HEALTH AUTHDRITY. 9. THIS DEVELOPLENT IS SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS (INSTRUMENT N0. _) AND ANY SUBSEOUENT MadFlcAnoNs. 10. pRECT LDT ACCESS FROM NORTH STONEH ART AVENUE Aro STATE HGHWAY 44 IS PROHIBITED UNLESS APPROVED BY THE ADA COUNTY HIGHWAY LTA CT,1DAI TRANSPORTATION DEPARTM ENV, AND THE CITY OF EAGLE. I1. TMS DEVELOPMENT RELOGN 2E5 22-4503 OF THE DAHO CODE. RIGM7 lO FARM ACT, WHKH STATES: NO AGRKXILNRAI OPERATION, AGRICULTURAL TOLRi 0R EXPANSKN THEREOF SHALL BE OR BECOAE A NUSANCE PRIVATE OR PUBLIC, BY ANY CHANGED CONp710N5 IN OR ABOUT THE SURROUNDING NONAGRKXULTUR J, ACTINTES AFTER IT HAS BEEN N OPERATION FOR MORE THAN ONE (1) YEAR, W4NEN THE OPERATION, FAGUTY OR EXPANSION WA5 NOT A NUISANCE AT THE DIRE IT BEGAN OR WAS CONSTRUCTED. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY t-N A NUISANCE RESULTS FROM THE IMPROPER OR NEGLIGENT OPERATION OF AN AGRICULTURAL OPERATION, AGRICULTURAL FAdL17Y OR EXPAH SIGN THEREOF.' 12 ALL LOTS ARE HEREBY DESIGNATED AS H.. A PERMANENT EASEMENT FOP PUBLIC UTILITIES, RRICATION. AND LOT MANAGE OVER THE 10-FEET BEHND SDEWALK, SEE TYPICAL STREET SECTION ON SHEET PP-3. THE EASEMENT $HALL NOT PRECLUDE U7R CONSTRUCTION OF HARD -SURFACE ORIVEwAYS, WALKWAYS, LANDSCAPE, PARKING. FENCNG OR OTHER SUCH NON -PERMANENT STRUCTURE$. 13. UNLESS OTHERIWSE SHOWN Aro pMEN90NED, N.L Lan HEREBY DESIGNATED AS HAVING A PERMANENT EASEMENT FCN PUBLIC UTLInES. IRRICAT ON, AND LOT DRANACE OVER TIE $-FEET ADJACENT TO ANY INTERIOR SIDE LOT LINE (WITH THE ExCEPT10N OF lOTS 7-10, 40-71, AND 73-80• BLOCK 1, WHMJH SHALL HAVE NO WIER. SIDE LOT UNE EASEMENT), AND OVER TFE 10-FEET ADJACENT TO ANY REAR LOT LNE OR SUBDIVISIBOUNDARY. 14. STORM DRANAONGE SHALL BE RETANED ON SITE THROUGH SURFACE DRANACE PONDS AND/OR SUBSURFACE INFILTRATION FACLITES AS APPRovEO BY . 15. LOTS i, 2, 3, 3ALC. 3ro8, 39, 81, 82 84-86, 107 AND 113, BLOCK 1, ARE COMMON LOTS WHICH SHALLBE OnEND AND MAXTED BY THE BROOKSiDNE HOMEOWNER'S ASSOCIATCN. THE COMMON LOT$ ARE SUBJECT TO A BLANKET PUBLIC UTILITY, DRANAGE, AND RRIGATION EASEMENT. DRIVEWAYS ARE PROM BI7ED ACROSS ALL COMMON lATS. 16. LOT it, 72, AND 83. BLOCK 1, ARE PRIVATE STREETS WHCH SHALL HAVE A BLANKET PUBLIC UTUTY, DRNHAGE, AND IRRIGATION EASEMENT. THE RESDENTI AL LOTS SHALL HAVE A) MOH-ExClU51VE PERPETUAL RIGHT OF INGRESS AND EGRESS EASEMENT GOER $ND LOTS. B) THE EASEMENT SHALL RUN WTH TFE LINO, C) THE 1N04EOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE OPERATION ANO MAgraI Ess Di THE PRIVATE STREETS, AND D) THE RESTRICTIVE COvENANT FOR OPERATION AND MAINTENANCE OF THE PRIVATE STREETS CANNOT BE p550LVE0 OP MODFIEO WITHOUT THE EXPRESS CONSENT OU THE CTY OF EAGLE. 17. iM5 SUBpM$NON t5 SUB.EC7 TO THE TERMS OF ACHD LICENSE AGREEMENT INSTRUMENT N0. 161 1 LEii S10' 5.11 N092Yo6'W 2626.31' _ S11 569.27.42.E 2627.40. S.it ` SI2 S15 S14 1/4 1 5.1 5.13 CPhF ,511 4692 /2015-0.929 _-- DEVELOPMENT FEATURES ACREAGE TOTAL PARCEL •; TOTµ LOTS • 11] ACRES TOTAL OWFIUNO UNRS - 97 BUILDABLE LOTS - SFRESIDENTIALRe •53 Mn La-53410 SF RE SIDEN VDEN'IT007eIAs1 L DUETS -M Lon La • 3093.F All Lot • 44669f COMMON LOTS• t] CO WAON ORNE PAPo(NO l OTS -] DENSITY DUACRE • 4 17 MINAaM LOT S¢E• ]W]/ AVERAGEBUILDABLELOTSIZE5N7 , wMMON Lois. n J7 <-se 644. OPEN SPACE REQUIRED 20\-4e54c COMMON OPEN PONWCRASSDRW NAG E - 4 94 K - 21 1 - STFE ET BUFFERS - ] 30 4. - 14 2, ZONING ExISTPOSENO-D-uRT PRO-0 sETeAcxS FRONT -20 FEET PROPERTY LINE TO IIV. SPACE FRONT -25 FEET BACK OF SIDEWAUI TO GARAGE REAR 20 FEET1itE0UESTN6 FEOIJOTON T017) NTEROR SDE 7 6 FEET FRST STORY IREOUEST REDUCTION T01) - 5 FEET EALN ADDITIONAL STORY STREET SIDE 20 FEET MINANM LOTS. 50035F 44. WOTH Curve Toa• 11a1r» LN1Ylelll Maw oeltr gwll MM� I D1rr L.EwF 1 1 CI 1442.39• I}640.99' 692'11' S78'43'63'W 1441.72• 1 53630'05'E 53.59' 57554.52.E 25.00' MINIMUM ATTACHED LOTS 35. WOTH SEWAGE DISPOSAL EAGLE SE1YHt DISTRICT WATER SUPPLY EArJLE c1n cITY EAGLE C1n SCHTOOADAL DISTRICT VYES FIRE DISTRICT EAGLE IRRIGATOOIETON ONIDISTRIDRCHCACT MAll 50 0 05 sp 100 Nor SCALE IN FEET Received byy the City of Eagle Decerr�er 8, 022 INDEX PLAN FOR BROOKSTONE SUBDIVISION A PORTION OF THE S1/2 OF THE SW 1/4 OF SECTION 11 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN EAGLE, ADA COUNTY. IDAHO 2022 OWNERS BON6E JUNE PONTER Tl1 TRUNNEL AYE MERIDIAN. IDUe42 DEVELOPER TALL TP ER ENGINEER :TOAVID A BNIEY. PE Y ENONE ERINO. INC 1119E STATE ST .SUITE 210 EADLi.ID Hate 20676001) PLANNERJCONTACT DIVE vaao " TALL TUBER j U -- < 36 1 s a r i Lot BLOCK 1 L.1 1 OPEN BLOCK 1 L. 2 OPEN BLOC( I lot 3 OPEN BLOCK 1 lot 37 OP. BLOCK 1 Lot 30 OPEN BLOC( 1 Lot 39 OPEN BLOCK 1 Lot 81 OPEN BLOCK 1 L. 02 OPEN BLOIX 1 Lot 64 OPEN BLO. Lot 65 OPEN BLOCK I lot 86 OPEN BLOCK 1 L.1 107 OPEN BLOCK 1 Lot 113 OPEN PLAT LEGEND G. WLOC% 7 W. ASHTON CR. SURVEY LEGEND 41 0 PLAN SHEET INDEX Area 98010 HDDLETON MILL CANAL 12305 BUFFER COLLECTOR 2295 BUFFER ENTRANCE 5989 PATHWAY 111.3 BUFFER STATE STREET 0529 COMMON OPEN 3332 BUFFER ENTRANCE 1 4061 BUFFER COLLECTOR 574 l5 LAND 574 lS 19LA8D 6676t COMMON OPEN 36289 COMMON OPEN 264 LS ISLAND PROPOSED FIRE HYDRANT STREET LIGHT EY UST NO CONTOUR RIGHT-CF-WAY LINE EASEMENT LINE LOT LINE ROAD [ENTERLNE ROLLED CURB/GUTTER AND SDEWALK LOT NUMBER LOT AREA BLOCK NUMBER STREET NAME HANDICAP RAMP PONDS FOUND BRASS CAP FOUND 5/8' IRON PIN CALCULATED POINT PROPERTY BOUNDARY LINE SECTION UNE SHEET DESCRIPTION PP-1 - INDEX, NOTES, VICINITY MAP PP-2 - PRELIMINARY PLAT PP-3 - LOT & CURVE TABLES, DETAILS PP-4 - EXISTING TOPOGRAPHY PP-5 - PRELIMINARY ENGINEERING PP-6 - PRELIMINARY SEWER PROFILES PP-7 - ADJACENT PROPERTIES Q 1 � u Z c� 0 Z (7) J > D 0 0 co 7 D 0 0) 0 W Z W 0 CO II 0 1 0 m 1- DTE: Kxi-to-zozz FAOJECT: D?7-D1D ontm sr.cz • 7 ' • - LANDSCAPE L..D 0 0 5.k4 I 5.382 L_ ULL •POUG.T FC.CI KEYNOTES 7--0 77777i mows giclilia'17077,7.0779:7 TYE 7I 7. =nisi. c.crt F.1VRE. MT'Ct:1"-•,Cr5:t.FC.CC, - • _ • , ! •-,T. ' '-' - '.-- ' 1„.-----------1--------li-- I I - - - - 5.029 - 54- — — 4.1—os 4.0431 sl! FENCING PLAN j, 5.,33 .., __, , ., , . -_--., .,:.-___,-,„__---l'--'-',"-- ::•,T7,---, — - . • -------f- , -_ _,--- ' \ \ \ - - .-7,-, ",-:,-!-', •":"; ' \ ' \ \ \ .,i 4 , \ ‘,.-.': ,,,,,,,_.[---. -----, _________------74. .., .., --- -- -- - --- _,H;._::::--;:„.,:,,,,,----'-',7 \ ' - - - \ - \ '''' '1'1)2_53 4 :4, \ '-' \ - 4 :_ 4 4 \ 4' 4 _ 4 , \'• -,-- \ 4 fg)I 4 \ - ,- 7 -----------'---- _ ---- - - f., \ 1 t . - -. '''' \ ' \ ''',. :7'‘ , ',1,-• ,,:j%-f':'-/--'-'- "- 1.----"`c*----- L!'.7; \ - V ' ' 4 3 4‘_ " /f:- ' '//- ----II —:__------------:__.__- tc, -----------' 4---2., ,, , • ,i, .. ------------- .------ _ ...----- - -----------"' . _ _ ------------' ----c.------------"' ...----- - -----_______-- — ---------- `_______—________--------ri...-------, 1 37 // o 5o loo Scale 1" = 50.0" 0 .7, BAER Lcsi greg@baerdg.com Ph. 208.859.1980 Brookstone Subdivision a_ cp u_ Proj•cl 221,27 Checked b, BDG 3-21-24 Sheet No.: L 1 .0 EXHIBIT "E" Brookstone Conceptual Homes: