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Development Agreement - 2024 - Kingswood Subdivision - CORRECT VERSION - 6/11/2024ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=24 VICTORIA BAILEY CITY OF EAGLE, IDAHO 2024-032794 06/18/2024 12:51 PM NO FEE Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1 520 Eagle, Idaho 83616 For Recording P tuposes -fro Not \k'rite Above This Line DEVELOPMENT AGREEMENT This Development _Agreement, trtade 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 TBC LAND HOLDINGS, LLC. ("Owner"). RE{:M I ,S WHEREAS, the Owner is the owner of record of certain real estate identified as Ada Courtly parcel No. SO40241.7200 ("Property"), as specifically defined :i31 the attached legal description (Exhibit A) which is the subject of an application for Rezone identified_ as Rezone Application No. RZ-19-21; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-s±rhan 'Transition --- A.da. County designation); and WHEREAS, the Owner desires a I(.-2-DA-P (Residential with a development agreement --- PUD) zoning classification to develop a residential use on -the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential development upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the tights 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. Properly is developed in a manner consistent with Eaglets Comprehensive Plan and City Code; and WHEREAS, the Owner has agreed to the tie. restrictions and. other limitations set forth herein upon the use and development of the Property and has consented to a R.-2-DA P (Residential with a development agreement --- MD) 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.i0-I(C)(1) and be bound by skim; and Page I of 9 lauingD ',loyuz;ia1 r;xasi?:.i?USimYcviced a;b`D!'siingswond S,J, DA. CC: NI, VER.tioc 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 67-6511 A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the R-2-DA-P (Residential with a development agreement — PUD), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 The maximum density for the Property shall be 1.93 dwelling units per acre (74 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 will be held on any proposed changes in the Concept Plan, notice will 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 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 Fencing Plan (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (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. Page 2 of 9 K:\Planning DeptlEag e Applications\Prelinunary Development Plans\2021\Kin;: swood Sub\DA\Kingswood Sub DA CC FNL VERdoc (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. (e) No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall be duplicated: • Within five (5) lots measured from each side lot line; • Directly across the street and within five (5) lots (measured from each side lot line); and • Directly behind any lot and within five (5) lots (measured from each side lot line) 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 use. 3.6 Owner shall construct the neighborhood amenities (pickle ball court, gazebo, benches, and pedestrian pathways) identified within the provided narrative and shown on the Concept Plan (Exhibit C). The neighborhood amenities shall be reviewed and approved by the Design Review Board and City Council prior to construction. The amenities shall be constructed with the associated subdivision phase. 3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first 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 the Exhibit E. If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.8 Owner shall comply with the Eagle Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit F), as identified in the Trails and Pathway Superintendent's memo, dated March 18, 2022, and any subsequent revisions which may be made by the City Council. 3.9 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit G) 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. Page 3 of 9 K:\Planning Dept\Eagle Applications\Preliminwy Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FILL VERdoc 3.10 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit 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. Page 4 of 9 K:\Planning Dept\Eagle Applications''reliminary Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FIN VERdoc ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; City: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Owner: TBC Land Holdings, LLC Attn: Todd Campbell 13864 W Meadowdale Drive Boise, ID 83713 Page 5 of9 K:\Planning Dept\Eagle Applications\Preliininary Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FNL VERdoc 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; 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. Page 6 of 9 K \Planning DeptlEag e Applications\Preliminary Development Plans\2021\K ngswood Sub\DA'Kingswood Sub DA CC FNL VERdoc 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 /1 day of ar'► , 2024. CITY OF EAGLE, a municipal corporation organized and existing under the laws of th - State of Idaho By: STATE OF IDAHO ) . ss. County of Ada ) On this iN1' `t day of , 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. Brad P i'"', Mayor +oosi1111 i 111•• ,,, s•ssFEAG% l s .: A, s • • .. ••N sQ O R A ,,� •• • i .. :. • 0 • * 1 r. • V, �•®• _ I., :: • •• Q` •jO �••••e1(i1tPOP�•••� ## ki>••••e•••�^"+,�s% ,� '•••111i111%" In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. .• ti z C S fy4 •• ,‘`• � C,,n'• $OTAR .: A : Notary I Ciblic � i • '�•w • • • :Residing at: :r' C1f� LIC-h : .�•,,� My Commission Expires: • f 4 OF Page7of9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FNL VERdoc OWNER: TBC Land Holding s By: STATE OF IDAHO ) ss. Todd mp . I ager County of Ada ) On-edOn this daY of , 2024, before the undersigned notary public in and for the said state, personally appeared TODD CAMPBELL known and identified to me to be the Manager of TBC LAND HOLDINGS, LLC, known or identified to me to be the owners of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above Notary Publi Residing at: O[t ��My Commission Expires: Page 8 of 9 K:\Planning DeptlEagle Applications\Preliminary Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FNL VER_duc INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Fencing Plan E - Building Elevations F - Parks, Pathway, and Recreation Commission Recommendation G - Heavy Truck Traffic Plan Page 9 of 9 K:\Planning Dept\Eagle Applications\Preliniinary Development Plans\2021\Kingswood Sub\DA\Kingswood Sub DA CC FNL VERdoc EXHIBIT "A" ANNEXATION DESCRIPTION FOR KINGSWOOD SUBDIVISION A portion of the NE 1/4 of the SE 1/4 of Section 2, T.4N., R.1W., B.M., Ada County, Idaho being more particularly described as follows: BEGINNING at the E114 corner of said Section 2 from which the S1 /16 corner of said Section 2 bears South 00°54'45" West, 1326.65 feet; thence along the East boundary line of said Section 2 South 00°54'45" West, 1,198.65 feet; thence leaving said East boundary line North 89° 17'49" West, 385.00 feet; thence South 00°54'45" West, 128.00 feet to a point on the North boundary line of Lanewood Subdivision No. 4 as filed in Book 115 of Plats at Pages 17,327 through 17,331, records of Ada County, Idaho; thence along said North boundary line and the North boundary line of Lanewood Subdivision No. 2 as filed in Book 112 of Plats at Pages 16,299 through 16,304, records of Ada County, Idaho North 89°17'49" West, 936.07 feet to the SE1/16 corner of said Section 2; thence along the East boundary line of said Lanewood Subdivision No. 2 and the West boundary line of the NE 1/4 of the SE 1/4 of said Section 2 North 00°57'50" East, 1,327.34 feet to the C-E 1 /16 corner of said Section 2; thence along the East-West centerline of said Section 2 South 89° 16'02" East, 1,319.88 feet to the POINT OF BEGINNING. Containing 39.09 acres, more or less. EXHIBIT "B" Affidavit of TODD CAMPBELL on behalf of TBC LAND HOLDINGS, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada TODD CAMPBELL, who being first duly sworn under oath, deposes and says: 1. I am TODD CAMPBELL, who is Manager of TBC Land Holdings, LLC, whose mailing address is 13 864 W Meadowdale Drive, Boise, ID, 83713 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Todd Campbell authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idyho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the i(2._ day of Uunei, 2024 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Todd Campbell, TBC Land Holdings, LLC. (the "Agreement"). DATED this 1 day of \)V n-e.) , 2024. By: TBC Land Holdings, LLC By: Todd Campbell, Manager Rj 1 of Ufl/ 2024. SUBBED AND SWORN to before ine this day , 1 7l `�� O�.*e..�Al +' ,/%/ ::: I 0Ti ; •.4 • N*. % �LIG ♦11` .'^!°:. : ::•'./ttii9E I D PA);°0•%%% Notary Public fo,Idaho Residing at My Commission expires Idaho 12-k Page 1 of 1 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub'DA\Kingswood Sub DA AFFIDAVIT EXHIBIT B.doc aay3loniu4v1dlomm3aDw3m3 P. 1:111111 Vi- 1 litt'llt,%,,1,:gui4. ISO . 1411111111.1.11411111"itt- li . nevem* ism 11,, MII ir ..L wi EXHIBIT "D" lb'111W9fS ltlld ltlNId •..•••.............. 1 i •• uwun...w.w a�n a » advx uc iv �a o e arno.o.zawn 7d 3� 714 N P 7P1 8'8� Hyln S 40 .w'ri.wn.wzn yda+ni�aFl4�nrado�spun74�n�S E : N Era;! E.?w �S a = �- s £ a /� T Nv�d f ION _M i `"� x r • P .. {„�� o- _ A c '' >_ i? r _\n awa'elo noa ,}��„- �°�� Qalh/8 1111M • ? 4 z rs ogfi.l ; ¢ � w _ E . S: � ogspl 'ei�sm 'psog aep� •H m � m o m r- cv CO WOJ0 to ,�qqw.2.-. a,Os0666Z'Zb£'80Z 3104 038 Z E� 5 T: • J V. a : e . ••.,, i^.�;.•• (V < a51 SOL£S01 OS va 2��esi�SZ�pZ Nlnos �� TfF�ii FF �_°�� O �, 8 W � . cA � � � 11IOISIAIQgl1S 0001lASJi11IH Z -, � Y = U Q Y N t7 EXHIBIT "F" INTER OFFICE To: From: Subject: City of Eagle Planning and Zoning Administration Date: Attachment(s): Copy To: Commissioners, Planning and Zoning Commissioners Steve Noyes, Trails and Pathways Superintendent Parks, Pathways and Recreation Commission Pathway Recommendations — A-13 -21 /RZ-19-21 /CU-10-21 /PPUD-09-21 /PP-20-21 — Kingswood Subdivision 3/18/2022 None Katie Miller, Bill Vaughan, Mike Williams The Kingswood Subdivision will play an important role in our expanding canal trail network. It will develop a section of the Drainage District 2 network that has already been used by area residents for recreation. It will also feature well designed Community Trails to and around open spaces at the center of this neighborhood. Kingswood Subdivision is an 87-lot (74-buildable, 13-common) residential planned unit development. The 3 8.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. Page 1 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc On 3/17/22, 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. 1. PATHWAYS: a. The following list also refers to callouts in FIGURE 1: • A = The developer shall provide a 10-foot-wide Natural Surface pathway built to the City Standard for Regional Pathways for all alignments shown in ORANGE in FIGURE 1. NOTE: Staff recommends locations of pathways shown as "A" to be located on existing DD2 access roads instead of the alignment shown by the developer. • B = The developer shall provide an 8-foot-wide concrete pathway built to the City Standard for Community Pathways for all alignments shown in GREEN in FIGURE 1. • C = The developer shall provide 6-foot-wide concrete pathways built to the ACHD Standard for Sidewalks in the alignments shown in BLUE in FIGURE 1. • D = The developer shall provide 8-foot-wide concrete pathway built to the ACHD Standard for Sidewalks in the alignment shown in YELLOW in FIGURE 1. • E = The developer shall provide dog bag dispensers/waste receptacles in these general locations. The dispensers and waste receptacles are to be constructed using the following components unless otherwise approved by the City: Doggie Waste Bag Dispenser (Dark Green): Waxie Item #701601 Manufacturer Item: D003-WAX Link to This Item on Waxie Website Doggie Waste Bags (Black 10/200): Waxie Item: #701600 Manufacturer Item: D001-10-W Link to This Item on Waxie Website Signpost: Common 2 3/8-inch diameter galvanized steel erected in a concrete base, using 2 (ea.) brackets or equivalent: Link to U-Clamp Mounting Hardware Example Dispenser construction: Signpost to be erected in concrete base. Bottom of the dispenser shall be 42-inches from finished grade and the post centered 3-feet from the main pathway tread edge. Trash Receptacles: Belson P-32 32 Gallon Housing (green in color), with a P-32S Dome Top Lid. Link to Trash Receptacle • F = (information only) These areas shall be reserved for Drainage Ditch 2 (DD2) operations. NOTE: all improvements made within DD2 easements shall only be made with the written approval of the DD2 Board. b. Curb ramps where pathways meet roadways shall be provided where they are permitted Page 2 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc 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. FIGURE 1 Page 3 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc 2. PUBLIC ACCESS EASEMENTS: a. The following list refers to callouts in FIGURE 1: • A and C = The developer shall provide a public access easements 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 alignments shown in FIGURE 1. • B = The developer shall provide a public access easements 25-feet in width, or the width of the common lot as currently submitted, 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 alignments shown in FIGURE 1. In the event that developer cannot provide evidence showing exclusive easement, the "Ditch Company" may be operating under the provisions of Idaho Code sections 42- 1102 and 42-1209. In this case, the property owner may also grant easement for public access and use so long as the City or Developer does not cause or permit encroachments of any kind without written permission from the Ditch Company. Easement provision language shall include the following for the pathways shown as "E": The City of Eagle may construct, connect, or continue within these easements, public pathways as part of future system expansion, and may authorize staff, contractors, or neighboring developers to facilitate such improvements within these easements from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement. 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. 3. CONSTRUCTION TIMING: a. 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: a. the developer and future homeowners association shall provide maintenance of pathways B and C in perpetuity. b. The City shall maintain pathway "A" (and any extension of pathway "A") in perpetuity. Page 4 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc 5. LIABILITY (Information only) : Idaho Code 36-1604 provides limitation of liability of landowners. The purpose of this code is to encourage owners of land to make land, airstrips, and water areas available to the public without charge for recreational purposes by limiting the owner's liability toward persons entering the owner's land for recreational purposes. Some of the benefits of this law are: • Owner is Exempt from Warning. An owner of land owes no duty of care to keep the land safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for such purposes. • Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes. • User is Liable for Damages. Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to land, property. • As the Grantee of a public access easement, the City of Eagle is also protected. In this Code "landowner" is defined as a possessor of a fee interest, right-of-way, or easement, a tenant, lessee, licensee, occupant, operator, permit holder, or person in control of, or with a right or duty to maintain, the land. Page 5 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc 6. S IGNAGE : a. within all public access easements, the City shall reserve the right to display signage. (See examples in FIGURE 2) b. 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 approved in writing by the City. This public pathway is built on an easement granted to the City of Eagle by the adjacent property owners to enhance our quality of life. Please respect theirs. Stay on the path Leash your pets =, Leave no trace EAGLE PRIVATE PROPERTY NO TRESPASSING ALL AREAS THIS SIDE OF THE PATHWAY ARE CLOSED TO THE PUBLIC PLEASE RESPECT OUR NEIGHBORS Thank you r°a For the health and safety of everyone DOGS MUST BE ON A LEASH ON AND AROUND PATHWAYS AT ALL TIMES Pet waste must be picked up immediately and placed in waste receptacles. t M C RY pro..., pet nwte bags Ng your ronwrurote. OW.. nuy 0e n►wa rr,. Crty Code, <.). I 1 1 EAGLE The primary purpose of this pathway is to maintain the canal. This is_p,Livate prgp_ ert a_ndit will belo3ed to the_public as,.Lequtred. Please stay on the path and out of the canal. The City thanks this development and the Irrigation Ditch Company tor allowing the public to use their maintenance toad. Questions or concerns' Contact us at: wow. eityoreagle.org or 008) 489-8769 tw/ C•t� O. EAGLE THIS AREA IS CLOSED TO THE PUBLIC Please Stay on the Pathway EZThank you '4 E Thanks to an easement granted by this development the City of Eagle has the option of continuing this public pathway in the future. EAGLE For the heath and safety of everyone DOGS MUST BE ON A LEASH IN THIS PARK AT ALL TIMES INCLUDING TRAILS Pet waste must be picked up immediately and placed in waste receptacles. the C rty W wnte, poi „u►te the., for your conwn»nc.. C Rattt>ts, ns+y tx „s,rct tpkCtry Code, <1I4<.1.t EAGLE • For the health and safety of everyone PET WASTE MUST BE PICKED UP IMMEDIATELY AND PLACED IN RECEPTACLES Cuauons may be issued. Eagle City Codes 4.5.1 6 . 5.2 rffPM • EAGLE ovis Downtown Boise 10 3 MI Lucky Peak Dam 211 MI Atterante (Unpaved] t ii%%%":110, LEASH REQU 1 RE D CI1Y (X)DES 41.5. & 4.5.2 FIGURE 2 END OF PPRC RECOMMENDATION Page 6 of 6 \\Eaglefs2\Common\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Kingswood Sub\Agency Responses\Kingswood PPRC Rec me.doc EXHIBIT "G" L 'ON NOISIAIG8f1S QOOMSONIN NV1d JiddVdl Nondl ILAV H 0 KINGSWOOD SUBDIVISION NO. m N L m i g — \ N ,o _ <d 11::11°r--" it;___ O In W U L) ...�..-..:i4iJC'o%J'it�Sw�a i�' S ♦.ii,�.-i.7:.... ..' x `Y 4r �i-- Y. 3 -.: -...- - . • . ..,...t �.. ' i� , �t ; . .I" i ry l i cr 0 ACCESS POINTS n". 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