Development Agreement - 2000 - Patterson Property/2805 & 2809 Hill RD - 2/1/2000
Rccording Requested By and
When Recorded Retum to
ADA COUNTY R.ECOROER
J. DAVID NAVARRO
BOISE. IDAHO
2000 FE - 8 PH I: 2 ~
RECOR~T'~
FEE~;i~OEPUTY~
100009656
Mark Butler - Planning and Zoning Administrator
City of Eagle
P,O, Box 477
Eagle. Idaho 83616
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For Recordlllg PurPOSl'S I)u
Not Write Abll\C This Lllll'
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into this L day of hbru4Ylj , 2U()(),
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eaglt.?'), by alld
through its Mayor, and Sharon L. Patterson and Edna 1. Harvey, ("Applicant"),
WHEREAS, the Applicant is the owner of record of certain real estate located at nus
and 2809 Hill Road, Eagle, Idaho, ("Property"J~ as specifically defined in the attached legal
deScription (Exhibit A) which is the subject of an application for Rezone identified as Relulle
Application No, RZ-6-99; and
WHEREAS, the proposed development includes properties within an area currently
zOlled R-4 (Residential - fOllr dwelling units per acre maximum) and M-l A (IndustrIal Park
DistrIct);
WHEREAS, the Applicant desires a C-3-DA (Highway Business Distnct With
Development Agreement) lUning classification to develop a convenience store with fuel service
use (generally as depicted on the concept plan attached "Exhibit B") 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 h<lvc
detennined that the scope of any convenience store with fuel service project upon the Property
must be limited to prevent undue impact..to, and to otherwise be in harmony with, the existing
community; and
WHEREAS, the intent of this Development Agreement is to protect the rights III
Applicant's use and enjoyment of the Property \vhile at the same time llmlling ~Il1Y advcrse Inlp~lch
of the development upon neighboring properties and the cxistlllg community alld ensUring till'
Prupcrty is developed in a 1ll~ll1ner consistent with Eagle's Comprehensive Plan and City Codc~ and
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.
WHEREAS, the Applicant 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 C-
3-DA (Highway Business District with Development Agreement) zoning designation for
the Property with the requirements set forth in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit
agreeing to submit the Property to a Development Agreement pursuant to Eagle City
Code Section 8-1O-I(C) (I); and
WHEREFORE, the Applicant 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 II
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 a C-3-DA (Highway Business
District with 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 the publication and the execution
and recordation of this Development'Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2,1 The Applicant shall submit a Design Review application for the site (as required
by the Eagle City Code), and shall comply with all conditions required by Eagle
as a part of the Design Review prior to issuance of a certificate of occupancy,
2.2 The Applicant shall install adequate buffering, as may be required b the City,
along the south and east property lines to buffer the adjacent residential and
agricultural areas,
2.3 Except as otherwise may be stipulated herein, the development shall comply with
the Eagle City Code, as it exists in fmal form at the time an application is made
and the conditions within thi~ agreement shall be satisfied.
2.4 If the parcel to the east is commercially developed, the Applicant shall provide a
recorded joint use access easement for the parcel to the east to use Applicant's
parcel for access to the public streets prior to issuance of a building permit.
2.5 The project shall be submitted under a conditional use permit.
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ARTICLE III
AFFIDA VIT 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 -6511 A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference
ARTICLE IV
DEFAULT
4, I In the event the Applicant fails to comply with the commitments set forth herein, withln
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- I,
4,2 If required to proceed in a court of law or equity to enforce any provision of tl1lS
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default anc1'to enforce the commitments contained in tlllS
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5, I 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 0 f the pro pert y
shall revert to a M-IA (Industrial Park District) zoning designation unless the portion of this
instrument determined to be invalid or unenforceable is re-negotiated in good faith between the
Applicant (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.
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 Applicant. Each commitment and restriction on the
development shall be a burden 9n 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 Applicant and OWl1ers,
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\\EAGLENTJ \COMMON\Planning Dept\EagJe Applications\RZ&A \ J 999\RZ-06-99 da cc versIOn .doc
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 onl)
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 Le?al Representation, Both the Applicant and Eagle have been represented by legal COLlnsc 1
in negotiating this Development 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
below;
Eagle:
Mark Butler
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners:
Sharon L Patterson
5025 Old Valley Road
Eagle, Idaho 83616
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. .
&
Edna 1. Harvey
5015 Old Valley Road
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 ifby 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,
7,5 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 1- day of ~krJa.1' 2000.
CPTt OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
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DATED this t!'- day of fe-hru Or /''f~dir ::, :,,:;/
By:
S aron L. Patterson,
By: (~/lAA..AJ L ~JM/~J
Edna 1. Harvey, Owner
Page 5 of6
\\EAGLENTI \COMMON\Planning Dept\Eagle Applications\RZ&A \ I 999\RZ-06-99 da cc versIOn doc
.
ST ATE OF IDAHO )
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County of Ada)
On this -L day of HbYJJ4vl/ ,2000, before the undersigned notary public in and
for the said state, personally appeared RICK YZAGUIRRE, known or identified to me to be the
Mayor of ~he City of Eagle and the person who executed the foregoing instrument on behalf of
said Citx.and' acknowledged to me that said City executed the same,
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'. :i~.t~I;~I'~t-t..f;~~,.~~.~,.:;,.,;.:.i.r.f..;N" 'E,.?S WHEREOF, I have hereunto set my hand and seal the day and year first
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'" .' ''\,', .~'.:...)',.i,..,:t.~~:. Notary Pu c for Idaho h-
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ST ATE OF IDAHO
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County of Ada)
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On this ~ day of ~\o~ ,2000, before the undersigned notary public in and
for the said state, personally appeared~Q"- ~e.~~own or identified to me to be the
owners of the property referenced here~ persons who executed the foregoing
Illstrument. ~
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
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\\EAGLENTl \COMMON\Planning Dept\Eagle Applicalions\RZ&A \] 999\RZ-06-99 da cc verslOl1,doc
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Southear . ~orner of Highway 55 & Hill R02(J
t:'^~~ i\ ~ CPftbr:i }0,.3)
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East
Boise Meridian, Ada County, Idaho, being more particularly described as follows
Commencing at the southeast corner of said Section 10; thence N890 41 '34"W.
1114,06 feet along the southerly boundary of the southeast quarter of said Section 10:
thenCe NOO.17'54"E. 246.43 feet to the Real Point of Beginning:
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Thence Na4 .09'07"W, 198,95 feet to the easterly right-of-way of Idaho
State Highway 55,
Thence N01051'30"E, 1819 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N01010'53"E, 165,93 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N51045'31"E, 64.68 feet to the southeasterly right-of-way of
Hill Road;
Thence 575018'11 "E, 149.06 feet along the southeasterly right-of-way
of Hill Road;
Thence SOo017'54.W. 206.57 feet to the Real Point of Beginning.
Comprising 0,969 acres, more or less, I'
Date 24 January 2000
Prepared By: Joseph D Canning, PLS 4116
RECEIVED & FILED
CITY OF EAGLE
JAN 2 8 2000
Filii:
Route to:
-
soum 51 (;orner or Hlgnway ~~ & Hili Jaa
o)\m6 (, ~ {nr{&' zoi-"b
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East.
Boise Meridian, Ada County, Idaho, being more particularly described as fellows
Commencing at the southeast corner of said Section 10; thence N89041'34"W,
1114 06 feet along the southerly boundary of the southeast quarter of said Section 1 C"
thence NOO'17'54"E, 24643 feet to the Real Point of Beginning:
Thence N84009'07"W, 198,95 feet to the easterly right-of-way of Idaho
State Highway 55;
Thence N01 051 '30"E, 18.19 feet along the easterly right-of-way of
Idaho State Highway 55:
Thence N01 01 0'53"E, 165.93 feet along the easterly right-of-way of
Idaho State Highway 55;
Thence N51045'31"E, 64,68 feet to the southeasterly nght-af-way of
Hili Road,
Thence S75018'11"E, 76,13 foot along the soutneaster1y nght-of-way
of Hill Road:
Tnence S 120 13'28"W, 150 32 feet;
Thence S86031'2S"E, 99,92,feet;
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Thence SOo017'54"W, 71.59 feet to the Real Point of Beginning.
Comprising 0692 acres, more or less,
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Date: 24 January 2000
Prepared By' Joseph 0, Canning, PLS 4116
South Ast Corner of Highway 55 & Hill .oad
e,. tt-r i ilit (flrfF3 0 t- "3 )
A portion of the southeast quarter of Section 10, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows
Commencing at the southeast corner of said Section 10, thence N89041'34'W.
1114 06 feet alol"lg the southerly boundary of the southeast quarter of said Section " G
thence NOO"17'54"E, 318,02 feet to the Real Point of Beginning:
Thence N86031'25"W, 99 92 feet;
Thence N12Q13'28"E, 15032 feet to the southeasterly rlght-of.way of
Hill Road:
Thence S75"18'11"E, 7093 feet along the southeasterly f1ght,.of-W2Y
of Hill Road:
Thence SOOo17'54"W, 134,98 feet to the Real Point of Beginmng.
Comprising 0,277 acres, more or less,
Prepared By Joseph 0 Canning, PLS 4116
l
Date. 24 January 2000
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PATrERSON PROPERTY
EAGLE, IDAHO
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