Chamberlain Estates Sub No. 1
THIS AGREEMENT, made and entered into
;f./tJ lit tlI- 6.u," 1 9 9 5 ,
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ADA Gel. R'ëCORDER
j. DAV! :'.WM~RO
Dw=-e AGR.~ .9~~~:'Pfi ~~
this FEE !3~:: da~
RECORDED.-!; ¡':i:QUESTOF
by and between the CITY OF MERIDIAN, a
"
municipal corporation of the State of Idaho, party of the first
part, hereinafter called the "CITY", and Kevin A. Howell and Irene
Howell, husband and wife, dba Kevin Howell construction, party of
the second part, hereinafter called the "DEVELOPER", whose address
is 3451 Plantation River Drive, Boise, Idaho 83703.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of
a certain tract of land in the county of Ada,
State of Idaho,
described in Exhibit "A", which is attached hereto and by this
reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho
Code, 67-6511A, Development Agreements, which provides that cities
may enter into development agreements with developers upon rezoning
of land; and
WHEREAS,
the
CITY
has
,
passed. two
development
agreement
ordinances, one when land is rezoned, 11-2-416 L, and one when land
is annexed, which is when it is also rezoned, 11-2-417 D; and
WHEREAS,
the
DEVELOPER has
submitted
an
application
for
annexation and zoning,
or an application
for rezone,
of that
certain property described in Exhibit "A", and requested zoning of
R-8 and has submitted a subdivision preliminary plat for said
DEVELOPMENT AGREEMENT - 1
d/realest/chambrln.dev
Chamberlain Estates Subdivision #1
property which has been recommended for approval by the Meridian
Planning and zoning commission; and
WHEREAS, the DEVELOPER made some representations at the public
hearing before the Meridian Planning and Zoning commission as to
how the land would be developed and what improvements would be
made; and
WHEREAS,
the
CITY has
authority to place
conditions
and
restrictions upon annexation or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be
able to enter into this agreement and acknowledges that this
agreement was entered
into voluntarily and at
its urging and
request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made
request to the CITY to have the same annexed to said CITY,
or
rezoned, and has submitted to the CITY a Plat thereof which has
been approved for annexation by the CITY and as part of the
annexation or rezone the CITY adopted and approved Findings of Fact
and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required
that the DEVELOPER enter into a Development Agreement; and
WHEREAS, the said city council in the Findings of Fact and
Conclusions of Law annexed or rezoned the property subject to de-
annexation
if the DEVELOPER did not enter
into a Development
Agreement.
DEVELOPMENT AGREEMENT - 2
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs,
successors and assigns to this agreement, in consideration for the
annexation,
rezone,
or the non-de-annexation
of
the
area,
as
follows:
1.
That the above recitals are contractual and binding and
are incorporated herein as if set forth in full.
2.
That DEVELOPER, in accordance with its representations
before the CITY, shall, on the land described in Exhibit
"A", only construct single-family houses and that all
such single-family houses shall have at least 1301 square
feet of floor space, exclusive of garages.
3 .
That the property zoned R-8, described in "Exhibit A",
shall have lot sizes of at least sixty Five Hundred
(6500) square feet, which is the size represented at the
city hearings, and shall meet all of the requirements of
the R-8 zone and have no duplex units, townhouses, or
patio homes constructed on said property.
4.
That there shall be no change to increase the number of
lots or the size of lots as shown in the preliminary plat
submitted with the request for annexation,
zoning and
preliminary plat approval, which is incorporated herein
as if set forth in full herein.
DEVELOPMENT AGREEMENT - 3
dl rea l estl chambr In. dev
5.
That DEVELOPER will, before annexation, or de-annexation,
file or cause to be filed with the city Engineer,
a
complete set of "Subdivision Improvement Plans" showing
all
streets,
utilities,
pressurized
irrigation
facilities,
sewer,
water,
drainage,
street and other
similar
signing
and
barricades,
and
other
such
improvements contemplated within the subdivision, which
Plans and all improvements shown thereon shall meet the
approval
of
the
city
Engineer.
The
Subdivision
Improvement Plan, or Plans supplemental thereto, shall
also show the proposed location of pressurized irrigation
facilities within or that may affect or be affected by
the development.
said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That
DEVELOPER will,
at
his
or
their
own
expense,
construct and install all sanitary sewers, storm drains,
pumping stations, water mains and appurtenances,
fire
hydrants,
curbs
and
gutters,
pressurized
irrigation
system, electrical transmission lines, natural gas lines,
telephone lines, sidewalks, cross drains, street, street
surfacing, street signs, and barricades as well as any
and
all
other
improvements
shown on the Subdivision
Improvement
Plans.
DEVELOPER
shall
also
install
DEVELOPMENT AGREEMENT - 4
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telephone, electrical power, gas lines, and television as
required for the development.
7.
That
DEVELOPER will
construct
and
install
all
such
improvements in strict accordance with the filed and
approved plat and Subdivision Improvement Plans, and the
city
standard
Engineering
Drawings
and
standard
Engineering Specifications current and in effect at the
time
the
construction
of
said
improvements
is
accomplished,
or
as
otherwise
agreed
between
the
DEVELOPER
and
the
CITY
if
the
standards
and
specifications are more restrictive and onerous at the
time of construction than at the time of execution of
this Agreement.
8.
That DEVELOPER will provide the city Engineer with at
least fifteen (15) days advance written notification of
when
and
of
what
portion,
or
portions,
of
said
improvements he intends to complete and the time schedule
therefor; and agrees to make such modifications and/or
construct any temporary facilities necessitated by such
phased
construction
work
as
shall
be
required
and
approved by the city Engineer.
9.
That DEVELOPER will have "corrected" original drawings of
the
Subdivision
Improvement
Plans
of
all
said
improvements
prepared
by
a
Registered
professional
DEVELOPMENT AGREEMENT - 5
d/reatest/chambrtn.dev
Engineer and will provide the CITY with said Plans or a
duplicate mylar copy of said Plans.
The Subdivision
Improvement Plans of the proposed improvements shall be
"corrected" to show the actual constructed location (both
horizontally and vertically)
of the various water and
sewer
lines,
all
utility
lines,
and
pressurized
irrigation lines and their individual building service
lines, the curb and gutter alignment and grades, etc.
The
"corrected"
Subdivision
Improvement
Plans
shall
include
a
"certification"
thereon,
signed
by
the
Registered Professional Engineer in charge of the work,
that said Plans of the various improvements are true and
correct
and
that
he
(the
Registered
Professional
Engineer) has inspected the construction of the various
improvements
(water
lines,
sanitary
sewer
lines,
pressurized
irrigation
lines,
gas
lines,
electricity
lines, storm drain lines, curb and gutter, street paving,
etc.) and that the materials for and the installation of
the same were all done in conformance with the applicable
city
standard
Engineering
Drawings
and
standard
Engineering specifications governing the construction of
these facilities.
10.
That DEVELOPER will, immediately upon the completion of
any such constructed portion, portions, or the entirety
DEVELOPMENT AGREEMENT - 6
d/rea lest/chambr In.dev
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of said development, notify the city Engineer and request
his inspection and written acceptance of such completed
improvements.
11.
That DEVELOPER agrees, that upon a finding by the city
council,
duly entered in the official minutes of the
proceedings of the city council,
that a portion,
or
portions, or the entirety of said improvements need to be
completed in the interest of the health, welfare and/or
safety of the inhabitants of the CITY, the DEVELOPER will
thereupon,
within
a
reasonable
time,
construct
said
needed improvements,
or,
if he does not so construct
within a reasonable time after written notification of
such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or
improvements, the DEVELOPER will pay to the CITY the cost
of such construction, in such manner and under such terms
as
the
CITY
shall
order
after
conference
with
the
DEVELOPER.
Provided, however, the city council shall not
make the finding set forth in this paragraph except at a
regular or special meeting of the city council and unless
the DEVELOPER has been notified in writing of the time
and place of such meeting at least three (3) days prior
thereto and has been given an opportunity to be present
DEVELOPMENT AGREEMENT - 7
d/real est/ ch ambr In. dev
in person or by counsel, and to be heard on the merits of
the proposed finding.
That DEVELOPER agrees that upon his, its, or their having
12.
received written notification from the city Engineer,
that any of the requirements herein specified have not
been complied with, that the CITY shall have the right to
withhold the issuance of any Certificates of occupancy
within such annexed area and/or shall have the right to
withhold the providing of culinary water service to any
part, parcel, or portion of such annexed area until such
time as
all requirements
specified herein have been
complied with; provided, however, the DEVELOPER shall
have the right to appear before the City council at any
regular meeting after any certificate of Occupancy or any
water service shall have been withheld for reasons set
forth in this paragraph, and shall have the right to be
heard as to why such certificate of Occupancy should be
issued or water service allowed.
The Council shall then
decide whether said certificate of occupancy shall be
issued or water service to said property allowed, and its
decision shall be final, except that the rights of the
parties are preserved at law and equity.
13.
DEVELOPER
agrees
that,
in
the
event
any
of
the
improvements required herein are not timely installed,
DEVELOPMENT AGREEMENT - 8
d/realeat/chambrln.dev
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to
the
percentage
of
improvements
that
have
been
installed
as
compared
to
the
total
amount
of
improvements.
The CITY further agrees that, upon request of DEVELOPER,
the CITY will, by written agreement, subordinate the lien
created hereby, to any mortgage, deed of trust, or other
security device required to secure the payment of any
loan or advance made to DEVELOPER for the sole purpose of
financing the construction of improvements upon the land
which
is
the
subject
of
this
Agreement;
provided,
however, that the financing entity shall first warrant
and represent in writing that it understands that the
contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it
will take reasonable precautions usual and customary to
the financing and lending industry to ensure that the
loan proceeds or advances will not be used for any other
purpose.
The CITY may also require
surety bonds,
irrevocable
letters of credit, cash deposits, certified checks or
negotiable bonds,
as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian,
to insure the installation of the improvements, and the
DEVELOPMENT AGREEMENT - 10
d/realest/chambr tn.dey
DEVELOPER agrees to provide such,
if required by the
CITY.
15.
That DEVELOPER agrees that those portions of the water
main or the sanitary sewer line, for which the CITY has
expressly agreed to enter into a late comers agreement,
if any, for including any water or sewer line extensions,
increased line size or capacity, are required because of
future service needs originating from properties not
owned by DEVELOPER and located within the vicinity of the
subject
development;
that
sound
planning
requires
construction thereof at the present time in order to
accommodate
future
expansion
and
development.
In
recognition of the cost savings which can be accomplished
by
construction
of
such
excess
capacity
and/or
improvements
concurrently with
the
facilities
to
be
constructed
for
DEVELOPER's
purposes,
and
the
impracticality or
impossibility of
constructing such
excess capacity and/or improvements separately or at a
later time, DEVELOPER agrees to design and construct such
facilities subject to the CITY's agreement to enter into
a. late comers agreement to reimburse DEVELOPER for a
portion of the costs of such excess capacity.
DEVELOPER
agrees to obtain three independent bona fide bids for the
performance of such work from qualified and responsible
DEVELOPMENT AGREEMENT - 11
d/reelest/chambrln.dev
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18.
19.
20.
21.
22.
parcel prior to any construction, except where roadways
and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
That DEVELOPER agrees that any notice required by this
Agreement shall be given at the following address:
CITY of Meridian:
city Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Kevin A. Howell
Irene Howell
3451 Plantation River
Boise, Idaho 83703
Drive
That DEVELOPER agrees to pay all recording fees necessary
to record this Agreement with the Ada County Recorder's
office.
All covenants and conditions set forth herein shall be
appurtenant to and run with the land and shall be binding
upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon
its approval by the City Council and execution of the
Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinances of the
CITY of Meridian and the property shall be subject to de-
annexation
if
his
assigns,
heirs,
the
owner
or
or
successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the CITY of Meridian.
DATED the date, month and year first appearing.
DEVELOPMENT AGREEMENT - 13
d/ rea I es t/ ch ambr In. dev
DEVELOPER:
Kevin Howell Construction
By ~..4 ~~L/
~A' Ho 11
B ?íft'w~nC'/L /
DEVELOPMENT AGREEMENT - 14
d/realest/chambr In.dev
STATE OF IDAHO)
:ss.
County .of Ada)
On this ~ day of ìI.'D~ , 1997,. before me, the
undersigned, . a Notary Public in and for said state, personally
appeared Kevin A. Howell and Irene HowelL husband and wife,
known, or proved to me, to be the persons who executed this
instrument and acknowledged to me that they executed the
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
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STATE"'fflI'nr8ÀHO )
:ss.
County of Ada)
On this IY'" day of ¡f/DII elo> 6",.. , 19J. before me, the
undersigned, a Notary Public in and for said state, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the Mayor and city Clerk, respectively, of the city of
Meridian that executed this instrument and the persons who executed
the said instrument on behalf of said corporation, and acknowledged
to me that said city of Meridian executed the same.
DEVELOPMENT AGREEMENT - 15
d/realest/chambr l n.dev
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Project No. 93053
January 21, 1994
Revised May 9, 1994
REVISED
DESCRIPTION FOR
CHAMBERLAIN ESTATES SUBDIVISION
PORTIONS OF A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK 8,
CHATEAU MEADOWS EAST NO.9,
GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being portions of a resubdivision of lots 9 through 16 of Block 8
of Chateau Meadows East No.9, a Subdivision, as filed for record in the office of the Ada
County Recorder, Boise, Idaho in Book 61 of Plats at pages 6068 and 6069 and in
particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S 1/2 of the
NW1/4 of Section 5, T.3N., R.1 E, B.M., Meridian, Ada County, Idaho and more particularly
described as follows:
Commencing at the brass cap marking the one-quarter corner common to Section
6 and the said Section 5;
thence North 0°24'35" East 2603.50 feet along the Westerly boundary of the said
NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron
pin marking the section corner common to the said Sections 6 and 5 and Sections 31 and
32, TAN., R.1 E, B.M.;
thence South 0°24'35" West 954.60 feet along the said Westerly boundary of the
NW1/4 of Section 5 to an iron pin;
thence South 89°39'35" East 45.00 feet to a 2-inch iron pipe, also said point being
the REAL POINT OF BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
continuing South 89°35'39" East 1282.25 feet;
thence South 0'26'06" West 328.63 feet;
thence South 89°44'12" East 331.34 feet;
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Project No. 93053
January 21, 1994
thence South 0028'15" West 655.80 feet to a point on the Northerly boundary of
Chateau Meadows East No.8, a Subdivision, as flied for record In the office of the Ada
County Recorder, Boise, Idaho In Book 60 of Plats at pages 6023 and 6024;
thence North 89°35'33" West 485.93 feet along the said Northerly boundary of
Chateau Meadows East No.8 to a point marking the Northwest corner of the said
Chateau Meadows East No.8 and the Northeast corner of the said Chateau Meadows
East No.9;
thence along the Southerly boundary of the said Quitclaim Deed Instrument No.
9346079 the following courses and distances:
South 89°15'42" West 95.40 feet;
thence South 89°47'28" West 101.42 feet;
thence North 89°50'16" West 70.00 feet;
thence South 89°47'38" West 70.00 feet;
thence North 89°55'10" West 70.00 feet;
thence South 89°50'06" West 70.00 feet;
thence North 89047'08" West 106.20 feet;
thence leaving the said Southerly boundary of Quitclaim Deed Instrument No.
9346079 North 4030'28" West 398.65 feet;
thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary
of the NW1/4 of Section 5;
thence North 0°24'35" East 50.00 feet along the said Westerly boundary of the
NW1/4 of Section 5;
thence South 89°42'35" East 548.22 feet;
thence North 3°53'33" West 211.83 feet;
Chamberlain Est. Subd.-Rev.
Page 2 of 3
: . ,;"
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Project No. 93053
January 21,1994
thence North 89°37'50" West 532,33 feet to a point on the said Westerly boundary
of the NW1/4 of Section 5;
thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the
NW1/4 of Section 5;
thence South 89°35'39" E~st 45.00 feet to the point of beginning, comprising 27.24
acres, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
D. Terry Peugh, P.LS.
JCM/DTP/GLR/bh/761.des
Chamberlain Est. Subd.-Rev.
Page 3 of 3
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EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
KEVIN A. HOWELL
This subdivision development is for single-family dwelling
units and is to be developed in two phases. Phase I will have 53
lots (composed of four non-build lots and 49 building lots) and
Phase II will have 50 lots (all of which are building lots). The
total acreage is 27.24 total acres and the density is 3.78 total
lots per acre for all lots and 3.63 building lots per acre.
Developer agrees for each phase to:
1. Extend and construct water and sewer line extensions
and connect to the existing Meridian water and sewer
lines to serve each phase of this development as each
phase is constructed and serve each building lot.
2. Construct streets, curbs, gutters and sidewalks to
and within each phase of the development as each phase is
constructed which meet city and ACHD requirements.
3. Dedicate all required public rights of way from the
center line of adjoining public roads.
4. Pay any usual and customary development fees or
transfer fees adopted by the city of Meridian.
5. Meet the requirements and conditions of the Findings
of Fact and conclusions of Law adopted by the city of
Meridian regarding this development.
6.
comply with all Meridian city ordinances.
7. Construct berms and landscaping in all common area
lots of the development which are designated as follows:
Lot 1
Lot 1
Block 1
Block 2
(planting strip traffic divider)
(sidewalk adjacent to ACHD
right-of-way and landscape all
other portions of this lot;
construct perimeter fence between
this lot and adjacent building lot)
EXHIBIT B-1
d/realest/howell.exb
., ,t,
Lot 1
Block 3
(sidewalk adjacent to ACHD
right-of-way and landscape all
other portions of this lot;
construct perimeter fence between
this lot and adjacent building lot)
(retention pond/drainage basin area;
landscape)
Lot 13
Block 3
These lots shall be transferred to the Homeowners
Association and the covenants, Conditions and
Restrictions (CC&R'S) for this subdivision shall provide
that the Association shall maintain these common area
lots.
8. Pressurized irrigation shall be provided to all lots
in each phase of this development as each phase is
developed.
9. Perimeter Fencinq: Construct fencing around the
exterior Subdivision perimeter of the entire Phase I
development. Between Phase I and Phase II Developer
shall construct temporary construction fencing while
Phase I is under construction but Phase II is not. upon
construction of Phase II of the development Developer
agrees to construct the remainder of the fencing around
the perimeter of Phase II. In the alternative to the
temporary construction fencing between Phase I and Phase
II Developer may elect to construct permanent fencing
around all of Phase I and Phase II.
EXHIBIT B-2
d/realest/howell.exb