Development Agreement - 2024 - Bruneel DA MOD - 10/24/2024Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=4 ANGIE STEELE
CITY OF EAGLE, IDAHO
2024-060241
10/24/2024 03:22 PM
NO FEE
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODI ' .CATION
This Development Agreement Modification, 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 ("Eagle"), by and
through its Mayor, and Steve Bruneel ("Owner").
RECITALS
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 39-
acres ("Property"), as specifically defined in the original development agreement ("Developm€nt
Agreement") recorded under Instrument No. 2020-153487, which is subject of an application for a
Rezone identities as Rezone Application No. RZ-I 2--18 MOD; and
WHEREAS, the proposed development includes properties within an area currently zoned R-E-
DA (Residential with a development agreement); and
WHEREAS, that the Property was subsequently subdivided, and a final plat was recorded as
Bruneel Subdivision. The Property consists of Lots 1-6, Block 1, and Lot, 1, Block 2, Bruneel
Subdivision; and
WHEREAS, Owner is the owner of record of Lots 1-6, Block 1, and Lot, .1. Block 2, Bruneel
Subdivision (Property); and
WHEREAS, the Owner desires an A. R-DA (Agricultural -Residential with a development
agreement) zoning classification for Lots 4-5, Block 1, Bruneel Subdivision; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any rezone of 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 °Wrer has agreed to the use restrictions and other limitations set forth herein upon.
the use and development of the Property and has consented to a It-E-DA. (Residential with. a development
agreement) and A-R-DA (Agricultural -Residential with a development agreement) zoning designations for
the Property with the requirements set forth in this Development Agreement; and
WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit the
Property to a development agreement (attached to the Development Agreement - instrument No. 202°-
153487 as (Exhibit "13' pursuant to Eagle City Code. Section 8-i0.-1(C)(1) and be bound by same.; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No.
2020-153487 are in, and shall remain in full force and effect, except that the Concept Plan (Exhibit "C"),
is modified as attached herein.
Page 1 of 3
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ARTICLE I
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner of the Property is attached to the Development Agreement and incorporated by
reference herein. Owner agrees to subject the Property to this Development Agreement Modification and
be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-
6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The Development Agreement, instrument number 2020-153487, remains in full
force and effect except that the Concept Plan Exhibit (Exhibit "C"), is modified as attached herein.
Effective Date. This Development Agreement Modification shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this day of Ntlite, 2024.
ATT ST:
Tracy E. Os b /1, pity Clerk
STATE OF IDAHO )
ss.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the Statf Idaho
By:
Brad Pike, Mayor
<-? R atiZ.
1' SEAL /
County of Ada )
On this L' day of OCvo-4 , 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.
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Steve Bnmeel
STATE OF IDAHO )
ss.
County of Ada )
On this 3 day of Oe:to .r - , 2024, before the undersigned notary- public in and for the said
state, personally appeared STEVE BRUNEEL, known or identified to me to be the owner of the property
referenced herein and the persons who executed the foregoing instrument.
written.
IN WITNESS WHEREOF, 1 have hereunto set my hand and seal the day and year first above
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