HomeMy WebLinkAboutThe Preserve - Recorded 01-19-2012, PUD (#261) TWIN FALLS COU
NTY
Recorded for:
TWIN FALLS.CITY OF
3:39:23 PM 01-19-2012 R2 PLANNED UNIT DEVELOPMENT AGREEMENT
2012-001070
No.Pages:32 Fee: S THE PRESERVE PUD
KRISTINA GLASCOCK
County Clerk
Deputy_BHIJNTER 1 _d T'I-�
THIS AGREEMENT, made and entered into this ay of JP,,- , 201Zby and
between the CITY OF TWIN FALLS, a municipal corporation, State of Idaho (hereinafter
called "City"), and GARY'S WESTLAND, L.L.C., GARY STORRER and CONNIE
STORRER, husband and wife, and GEMCON FINANCIAL CORPORATION (hereinafter
called "Developer"), whose address is 1042 Wildwood Way,Twin Falls, ID 83301
RECITALS
WHEREAS, Developer is the owner of the certain tract of land in the City of Twin
Falls, State of Idaho,more particularly described in Exhibit"A", attached hereto as
Ordinance#2843 & Ordinance#2858, (the "Property") which Property is adjacent to
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Eastland Avenue and Hankins Road.
WHEREAS,Developer intends to develop and/or sell all or portions of the
Property from time to time; and
WHEREAS,Developer has made request of the City to develop a subdivision(the
"Project") on the Property and has submitted to the City a Master Development Plan
(Exhibit`B")thereof which was recommended for approval for development, as
presented, as a Planned Unit Development by the Planning and Zoning Commission and
approved for development, as presented, as a Planned Unit Development on October 24,
2005 and April 24, 2006 by the City Council of the City; and
WHEREAS, City, by and through its City Council, has agreed to the development
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of said Project within the City of Twin Falls, Idaho, subject to certain terms, conditions
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and understandings, which terms, conditions and understandings are the subject of this
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agreement. r—
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COVENANTS
Now, THEREFORE, in consideration of the mutual promises and covenants
contained herein, Developer and City agree as follows:
1. NATURE OF THE AGREEMENT. This agreement shall become part of
the "Planned Unit Development" zone with respect to the Project upon its full execution
and recording. Developer and its assigns or successors in interest, as well as City and its
assigns or successors (if any), shall be bound by the terms and conditions contained
herein.
2. NATURE OF THE DEVELOPMENT. It is agreed by the parties hereto
that certain language and requirements pertaining to the"Project" zone shall be
interpreted as follows:
A. USES.
1. The use in the area designated community center and
recreational facilities on Exhibit"B" shall be limited to
facilities benefiting the Preserve Planned Unit Development
property owners. The uses will include a neighborhood
recreational facility including such uses as a meeting room,
reception room, swimming pool,tennis courts,putting
green, and other such uses designated by the Preserve
Homeowners Association provided such uses are for the
E benefit of Preserve Subdivision property owners, family
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members and invited guests.
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2. The uses of areas designated as estate lots on Exhibit`B" shall
conform to requirements of City Code 10-4-3; R 1-VAR,
Residential Single Household District.
3. The uses in the area designated as residential low density on
Exhibit"B" shall conform to the requirements of City Code
10-4-4; R2, Residential Single Household. Also allowed in
this area is a Planned Zero Lot Line Subdivision as per City
Code 10-12-5-6.
4. The uses in the area designated as residential medium
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density on Exhibit`B" shall conform to the requirements of
City Code 10-4-5; R-4 Residential Medium Density District.
Also allowed is a Planned Zero Lot Line Subdivision per
City Code 10-12-5-6.
5. Development within the CRO Zone shall conform to the
1 requirements of City Code 10-4-19; Canyon Rim Overlay
± District and underlying zoning district.
B. PHASING OF DEVELOPMENT. Developer shall be permitted to
develop the property in phases, so long as those phases are in
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compliance with the Master Development Plan(Exhibit"B"),this
PUD Agreement, and an approved preliminary plat. Approval for
each phase may be obtained by submission of a technically correct
final plat for each phase to the City Council. The designation and
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' location of specific uses on the Master Development Plan are
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conceptual and any changes, as approved by City Staff, therefrom
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shall not provide basis for disapproval of any final plat. There shall
be no minimum and a maximum of 3 years limit between phases. If
development of subsequent phases is not initiated within the 3-year
limit the City shall review the P.U.D. for conformance to the
Comprehensive Plan and Development Standards.
Notwithstanding the three(3) year maximum time limit stated
herein, if the Project remains in conformity with the
Comprehensive Plan and Developments Standards,this agreement
shall remain in full force and effect. If not in conformity,
Developer may apply for amendment of the agreement.
3. STREET SEWER,WATER, PRESSURE IRRIGATION, AND
DRAINAGE IMPROVEMENTS.
Developer shall be responsible for the design and construction of street,
sewer, water, pressurized irrigation, parks and drainage systems on the
Property and adjacent right-of-way (hereinafter"Improvements") as
described herein in accordance with City Standards.
A. IMPROVEMENT PLANS. Developer shall, as to each phase of its
development, file or cause to be filed with the City a complete set
of plans for that development phase, showing all improvements
contemplated within that phase of the development(hereinafter
"Improvement Plans"). The Improvement Plans and all
Improvement shall thereon meet the approval of the City, which
approval shall be given if such plans conform with established City
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requirements,the Master Development Plan(Exhibit`B") and this
PUD Agreement.
B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer,
at its expense, shall cause all Improvements shown on the
Improvement Plan to be designed, constructed and installed
consistent with the approved Improvement Plans except as
otherwise provided herein. Notwithstanding the foregoing, nothing
in this agreement shall prohibit City, State, or Federal participation
in the cost or financing of Improvements on the Property if
mutually agreed to by the parties hereto.
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C. PHASED CONSTRUCTION. Developer may install the
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Improvements at one time, or in phases, as the Developer shall
determine in its sole discretion. Developer shall provide the City
with written notification of the timing and scope of the phase, or
phases, of said Improvements it intends to complete at that time.
Developer agrees to make modifications to construct any temporary
j facilities necessitated by such phased construction work as shall be
reasonably required and approved by the City. City will commit
water, sewer and pressure irrigation services only on a phase-by-
phase basis.
D. CONSTRUCTION SUPERVISION. Developer shall use a
! registered professional engineer to supervise the construction,
inspection and testing of the work as necessary,to ensure that all
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such improvements are constructed in accordance with the
approved Improvement Plans.
E. NON-COMPLIANCE. In the event any of the Improvements are
not consistent with the Improvement Plans,the City shall give
written notice to developer of said non-compliance. Developer
shall cure said non-compliance within thirty days of its receipt of
notice, or in the case of non-compliance that will take in excess of
thirty days to cure, Developer shall commence to cure within thirty
days of receipt of notice and diligently pursue the same to
completion. In the event Developer fails to cure said non-
compliance in the manner set forth hereinabove, the City shall have
the right to withhold the issuance of any future building permits and
certificates of occupancy within only that phase of such"PUD"
until such time as all requirements specified in this Section 3 have
been complied with; PROVIDED, HOWEVER, Developer shall
have the right to appear before the City Council at any regular
meeting after any building permits and certificates of occupancy
shall have been withheld for reasons set forth in this paragraph and
shall have the right to be heard as to why such building permits and
certificates of occupancy should be issued. The City Council shall
then, in good faith and in an objective manner, decide whether said
" building permits and certificates of occupancy should be issued,
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and its decision shall be final, except that the right of the parties are
preserved at law and equity.
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F. FEES. Developer shall pay, or cause to be paid, to the City all
applicable fees, if any, with regard to the installation of
Improvements pursuant of the Improvement Plans. However, City
water and sewer connection and service charges shall be paid for by
individual developers and users at the rates set by applicable City
ordinances and resolutions.
j G. MAINTENANCE OF IMPROVEMENTS. City hereby agrees to
j accept maintenance responsibility for the public improvements
upon their completion to City Standards in accordance with current
City policy.
4. PLATS. Developer agrees to file with City preliminary plat, or plats in
Phases, prepared by a registered professional engineer, of the real prope
rty
which is the subject of this agreement. Preliminary and final plats for
phases to be developed shall be submitted specifically identifying and
dedicating all necessary public easements and those rights-of-ways the City
agrees to accept herein and in the Standard Developer's Agreement. It is
I! agreed that said plats and any amendments thereto must first be approved
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5. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA. The Property or
any portion thereof shall be developed in accordance with criteria set forth
in this Section 5:
A. APPROVAL AND CONSTRUCTION. All improvements shall be
constructed in accordance with engineered drawings and
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specifications, describing in reasonable detail the work to be
performed, with drawings and specifications to first be approved by
City, which approval shall not be unreasonably withheld. All
building plans shall be approved by the Project Architectural
Control Committee.
B. LANDSCAPING AND PLANTING. Landscaping buffer along
bordering and interior streets shall be required to be installed on
each parcel of the Property and in the public right-of-way adjacent
thereto at the time site and building improvements are completed
thereon. Such landscaped buffer shall be installed from the back of
the curb in the public right-of-way and shall be extended to the
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dimensions set forth below.
A 35-foot wide landscape buffer including meandering sidewalk,
measured from the back of the curb, will be constructed along
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Eastland Drive and Hankins Road. In residential areas the
landscaping shall be accomplished as part of individual lot
development.
Each property will be required to meet the minimum requirements
of City Code onsite to include adjacent landscape buffers in
addition to the Master Development Plan. All landscaping shall be
installed in conformance with the project Master Development
Plan. All landscaping maintenance will be in a uniform manner.
' The property landscaping will utilize a city pressure irrigation
system constructed in compliance with applicable standards.
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01-10-2012
C. PROJECT IRRIGATION. All residential lots will be irrigated
utilizing a pressurized irrigation system designed and constructed to
City of Twin Falls Standards. The pressurized irrigation system
will be designed and constructed on a phase basis.
The Developer acknowledges that he has irrigation water shares and
water rights as summarized in attached Exhibit "C", which are
j appurtenant to the property described in Exhibit"A"and the City
has determined that the water shares and water rights specified in
Exhibit"C"satisfies the developers obligation to provide irrigation
water for the residential development of all property described in
Exhibit"A". Furthermore The City agrees that if additional water
is required for irrigation of land described in Exhibit"A"the City
will be responsible for providing the additional irrigation water.
fPrior to recordation of a final plat for each phase the Developer
shall transfer to the City of Twin Falls water shares and water rights
as described in Exhibit"C" on a pro rata basis.
i D. LANDSCAPING PLAN. For each buffer area, adjacent to Eastland
`I Drive and Hankins Road, at the time of development, each parcel
shall be landscaped to include the following: Fifty percent (50%) of
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jthe lineal footage of landscaping shall have berms with a ridge
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elevation of at least eighteen(18") in height with at least fifty
percent(50%) of the berming having a minimum ridge elevation of
thirty inches (30") in height. The landscape buffer shall be planted
with a minimum of one tree per five-hundred (500) square feet of
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landscaped area and a minimum of one shrub per one-hundred
(100) square feet of landscaped area. At least fifty percent(50%) of
the shrubs and trees shall be evergreen. At least fifty percent(50%)
of all trees and shrubs shall be from the groups last approved by the
Tree Commission through its Tree Selection Guide. Trees and
shrubs may be grouped, but there shall be no space greater than
seventy-five feet(75')between tree and shrub groupings. All trees
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shall have a height of at least four feet(4') when planted.
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E. STANDARDS. Buildings and improvements shall comply with the
following standards. All building, site and landscaping plans shall
be approved by the project architectural review committee.
1. ARCHITECTURAL STANDARDS. The community
center/recreation facility building should be constructed of
! architectural masonry, stone, stucco,wood or architectural
steel. Building faces shall include windows, setbacks,
awnings,parapet variations,material variations, color
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variations and other architectural treatments to break up
large uniform surfaces. All buildings shall be designed to
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complement adjacent residential buildings. Basic building
colors shall be neutral earth tones and approved by the
architectural control committee.
The community center/recreation facility building size shall
not exceed 8,000 S.F. without majority approval of all
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members of the Preserve Planned Unit Homeowner's
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Association and a special use permit.
All plans for residential construction shall be approved by
the Preserve Planned Unit Development Homeowner's
Association. At a minimum the committee shall establish
for each use a minimum building size,exterior materials,
exterior colors,roof pitches,building site plan, landscaping
and other lot improvements.
2. OUTSIDE STORAGE. The community center trash
container(s) and such facilities shall be visibly screened
from roadways,residential areas and adjacent properties.
Screening may consist of landscaping,masonry walls or
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fencing. Screening shall be approved by the Developer or
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its assigns. No outside storage yards will be allowed.
3. UTILITIES. All on-site utility service lines located within
any parcel shall be.placed underground. Any transformer or
terminal equipment provided within or immediately
adjacent to the parcel shall be visibly screened where
possible from the view from streets,with screening material
such as landscaping or other approved material. This does
j not apply to curbside utilities in residential areas.
4. HEIGHT LIMITATIONS. Except for the CRO Zone Area
no structure shall be higher than 35 feet. Within the CRO
Zone the building height may be less.
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i 5. SIGN PLAN.
A. PROJECT IDENTIFICATION SIGNS. Signs
will be monument type signs with a maximum
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height of 10 feet measured above the adjacent
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curb and shall conform to City Code.
6. RESIDENTIAL USES. Residential uses shall conform to
the appropriate code section for each area as outlined in
Section 2A.
7. ILLUMINATION. Exterior lighting shall be shielded and
cut-off type to preclude the light source being visible from
the adjacent properties.
8. PUBLIC PEDESTRIAN/BICYCLE/PARKS FACILITES.
Development plans for each project phase and each building
shall include facilities that will accommodate pedestrian and
1 bicycle access to the project interior streets and the adjacent
arterial streets. Where reasonably feasible the pathways shall
be separated from the interior streets by landscaping or other
features to encourage use of public pedestrian/bicycle facilities.
j The pedestrian and bicycle facilities shall be designed to
iprovide connections between Hankins Road, Carriage Lane,
i Eastland Drive, and the Canyon Rim Trail system. The
pathways may be developed in phases providing that each phase
I� provides access from the developed phase to previously
completed phase. Developer shall be responsible for
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01-10-2012
installation of all permanent public pedestrian/bike trails and
common areas located adjacent to the aforementioned trails, as
depicted on attached "Exhibit"B"". Maintenance of public
pedestrian/bike trails shall be the responsibility of the City at
City's cost. Maintenance of the common areas, located adjacent
to all public pedestrian/bike trails shall be the responsibility of
the City and all associated costs of said maintenance shall be the
responsibility of lot owners within the project.
j A. TEMPORARY PUBLIC PEDESTRIAN/BIKE TRAIL.
The parties hereto agree to cooperate with each other in
the installation of a temporary public pedestrian/bike
trail. Said temporary trail shall be constructed along the
north project boundary, in a location satisfactory to City
and Developer, and will connect the public trails
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constructed in each development phase with the Canyon
Rim Trail (extended) in the northeast corner of the
property. Construction cost and maintenance of the
temporary public trail shall be the responsibility of the
City.
B. PARK DEVELOPMENT.
IOn June 5, 2006 the City Council approved a request by
the developer for a Parks In-Lieu Plan for the Project.
Park development shall include a 3 acre neighborhood
park at the Southeast corner of the intersection of
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Eastland Drive North and Pole Line Road East and a
second 3 acre neighborhood park in the eastern portion
of the property. The balance of the park requirement,
6 +/- acres, will be met through dedication of right-of-
way or easements for a pedestrian/bicycle trail
connecting Eastland Drive North with the jump site
adjacent to the Northeast corner of the developer's
property.
9. TIME LIMITATIONS. The"PUD" Zoning designation on
the Property described in Exhibit"A" is expressly
conditioned upon submission to the City Council of a final
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development plan of the first phase of development within
one (1) year from the date hereof. The Developer may apply
for one or more one (1) year extensions,provided application
is made in advance of the expiration date. Approval shall
not unreasonably be withheld.
10. CONSTRUCTION ACCESS. Access to the site for
construction activities from Pole Line Road will not be
allowed during any phase of the project.
11. _STANDARD DEVELOPER'S AGREEMENT. It is
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understood and agreed by the parties hereto that Developer
shall execute the City's Standard Developer's Agreement.
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12. GENERAL PROVISIONS.
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A. COOPERATION. The parties hereto agree to
cooperate each with the other. Developer shall
submit to the City all plans, specifications, and
working drawings required by the City.
B. ENTIRE AGREEEMENT. This agreement
constitutes the entire agreement between the parties
concerning the Property and improvements
described herein, and no amendment or modification
to this agreement shall be valid or effective unless
reduce to writing and signed by the parties.
C. APPLICABLE LAW. This agreement shall be
construed in accordance with the laws of the State of
Idaho.
D. NOTICES. If notices from one party to the other are
desired or required hereunder such notices shall be
delivered or mailed to the parry to receive such at its
address last known to the sender of such notice.
Notices shall be deemed received on the date of hand
delivery or upon seventy-two (72) hours following
deposit in the United States mail, if properly
addressed, stamped and sent with"return receipt
requested". ON the date of this agreement, the
addresses of the parties are as follows:
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01-10-2012
DEVELOPER: GARY'S WESTLAND,L.L.C., GARY
STORRER and CONNIE STORRER,
husband and wife, and GEMCON
FINANCIAL CORPORATION
1042 Wildwood Way
Twin Falls,ID 83301
CITY: City of Twin Falls
321 Second Avenue East
P.O. Box 1907
Twin Falls,Idaho 83303-1907
E. SUCCESSORS AND ASSIGNS. This agreement shall
be binding upon the successors, assigns and legal
i -representatives of the parties hereto. Transfer of all or a
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portion of the Property shall create a notation releasing
the transferor from obligations under this agreement
with respect to said transferred property.
F. SEVERABILITY. In the event any portion of this
agreement is declared by a Court of competent
jurisdiction to be invalid, illegal, or unenforceable, such
portion shall be deemed severed from this agreement,
and the remaining portions shall not be affected thereof.
G. SIGNATORIES. Each of the persons executing this,
agreement hereby and warrants that he or she is duly
authorized and empowered to so act on behalf of the
entity for which he or she is signing, and that this
agreement is binding on, and enforceable against, such
entity.
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H. EFFECTIVE DATE. This agreement shall become valid and
binding upon its approval by the City,through its City
Council, and upon is execution by the Mayor and the
Developer.
I. ATTORNEY FEES. In the event that either party should be
required to retain an attorney to institute litigation because of
the default or breach of the other, or to pursue any remedy
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provided by law,the party, which prevails in such Iitigation,
shall be entitled to a reasonable attorney's fee.
J. CONSTRUCTION. Should any provision of this Agreement
require judicial interpretation,the Court interpreting or
construing the same shall not apply a presumption that the
terms hereof shall be more strictly construed against one
party,by reason of the.rule of construction that a contract is to
be construed more strictly against the person who himself, or
through his agents,prepared the same,it being acknowledged
that both parties have participated in the preparation hereof.
K. ATTACHMENT. All attachments to this Agreement and
j recitals are incorporated herein and made a part thereof as if
set forth in full.
L. CAPTIONS. The captions, sections and paragraph numbers
appearing in this agreement are inserted only as a matter of
convenience and shall in no way affect interpretation of this
agreement.
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01-10-2012
IN WITNESS WHEREOF,the City has affixed its seal and caused these presents to be executed
by its Mayor on the date above written.
CITY OF TWIN FALLS
I A EY:
JMayor
GARY'S WESTLAND, L.L.C.
Ga S.to er, fiiber
Gary Sfof er
Connie Storrer
iGEMCON FIN CIAL CORPORATION
BY:
-Mary torr ent
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ACKNOWLEDGMENTS
STATE OF IDAHO )
) ss.
County of Twin Falls )
--�A
On this 13_day of 201 Z, before me,the undersigned, a Notary Public
in and for said State and County, personally appeared (: P� j L • t— —t I ,
known to me to be the of Twin Falls, the municipal
corporation that executed the within and foregoing instrument, and acknowledged to me that
such municipal corporation executed the same.
IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
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day and year in this certificate first above written.
rt
o NOJARY PUBLIC FO�Z IDAHO
'oo1.
AQ-
Residing at: ,D_►. —4 -3--�-t�S
�`a`e.try3Y Commission expires:
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ACKNOWLEDGMENTS
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STATE OF IDAHO )
ss.
! County of Twin Falls )
On this 1-3�day oLna ecu.�., ,20�before me, a notary public in and for said county
and state,personally appeared Gary Storrer,known or identified to me to be a Member of Gary's
Westland, L.L.C., the limited liability company that executed the instrument or the person who
executed the instrument on behalf of said limited liability company, and acknowledged to me
that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
• tk
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NOTARY PUBLIC FOR ID O
Residing
OF�'� My commission expires:
STATE OF IDAHO )
ss.
County of Twin Falls )
On this ( day of ram., 20 l Z,-before me, a notary public in and for said
county and state, personally appeared Gary Storrer, known or identified to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
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the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
CD
NOTARY PUBLIC FOR IDAHO
Residing at:'i ll5
� �� My commission expires: 11
STATE OF IDAHO )
ss.
County of Twin Falls )
20�7 before me, a notary public in and for said
On this 1�day of—� ,
county and state,personally appeared Connie Storrer, known or identified to me to be the person
iwhose name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year' ficate first above written.
r
ARY PUBLIC FOR IDA 1
®m le> Residing at: `",L - =i4
�. My commission expires: l( --Z$-Zee r`E
STATE OF�3 )
' ) ss.
1
County of Twin Falls )
On thisl day o 20LZ,before me, a notary public in and for said county
{ and state, personally appeared Gary Storrer, known or identified to me to be the President of
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Gemcon Financial Corporation, the corporation that executed the instrument or the person who
i executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
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day and year in this certificate first above written.
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`a NOTARY PUBLIC FOR AHO
Residing at W ;j IL
° Imp
My commission expires:
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EXHIBIT "A"
ORDINANCE NO. 2843
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TWIN FALLS, IDAHO, ANNEXING CERTAIN REAL
PROPERTY BELOW DESCRIBED, PROVIDING THE ZON-
ING CLASSIFICATION THEREFOR, AND ORDERING THE
NECESSARY AREA OF IMPACT AND ZONING DISTRICTS
MAP AMENDMENT.
WHEREAS, Gary' s Westland, LLC, c/o Gary Storrer has made
I application for annexation of property located between the 1300,
1400, 1500, 1600, and 1700 blocks of Eastland Drive North and
Hankins Road aka 3200 East Road; and,
WHEREAS, the City Planning and Zoning Commission for the
City of Twin Falls, Idaho, held a Public Hearing as required by
law on the 27th day of September, 2005, to consider the Zoning .
Designation and necessary Area of Impact and Zoning Districts Map
amendment upon annexation of the real property below described;
and,
WHEREAS, the City Planning and Zoning Commission has made
recommendations known to the City Council for Twin Falls, Idaho;
and,
WHEREAS, the City Council for the City of Twin Falls, Idaho,
held a Public Hearing as required by law on the 24th day of
October, 2005, to consider the Zoning Designation and necessary
Area of Impact and Zoning Districts Map amendment upon annexation
of the real property below described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF TWIN FALLS, IDAHO:
SECTION 1. That the following described real property be
and the same is hereby annexed into and declared to be a part of
the City of Twin Falls, Idaho:
A parcel of land located in the N '-i, Section 2, and the SE ;,,
Section 2, Range 17 East, Township 10 South, Boise Meridian, Twin
1 Fails County, Idaho, and also located in the SE '�4, Section 35,
Range 17 East, Township 9 South, Boise Meridian, Twin Falls
County, Idaho, more particularly described as follows;
COMMENCING at the Northwest corner of Section 2;
Ordinance No. 2843
Page 1 of 5
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THENCE South 00035' 29" West 25. 00 feet along the west boundary
i of the NW -�,4, of said Section 2 to the REAL POINT OF
BEGINNING;
THENCE South 89055102" East 1305. 76 feet parallel with north
s boundary of the NW ;ii, of Section 2;
THENCE South 00°04' 58" West 179. 89 feet;
THENCE South 89055' 02" East 374 . 89 feet parallel with the
north boundary of the NW ;,, of Section 2;
THENCE North 29°50' 19" West 186. 00 feet;
THENCE North 11°20' 43" East 44 . 54 feet to a point on the north
boundary of the NW :,, of Section 2;
THENCE South 89°55' 02 'East 150. 98 feet along the north
boundary of the NW 14, Section 2;
THENCE North 19032' 10" West for a distance of 37 .26 feet to
the center of a 30. 00 foot wide access and utility
easement;
THENCE South 89°43' 5,7" East 184 . 43 feet along the center of
said access and utility easement to a point of
curvature;
THENCE Along a curve to the left for a distance of 119.23 feet
to the point of tangency, said arc having a radius of
274.82 feet and chord bearing and distance of North
77°50' 18" East 118.30 feet;
THENCE North 65°24' 03" East 27. 62 feet along the center of
said easement;
THENCE South 12°14' 38" East 274 .17 feet;
THENCE South 00°28' 48" West 370.35 feet;
THENCE South 89°31' 50" East 200. 10 feet;
THENCE North 00°34' 41" East 304 .20 feet;
THENCE North 80000" 03" East 332.48 feet;
THENCE South 47000118" East 173. 41 feet;
THENCE North 16°00125" East 298 .04 feet;
THENCE North 09°21' Sl" West 25.13 feet;
THENCE North 79030' 50" East 251.42 feet;
THENCE North 02051' 48" West 337 . 95 feet;
THENCE South 87°08' 12" West 516. 94 feet to the center of an
access road;
THENCE Along a curve to the left for a distance of 15.17 feet
to the point of tangency, said arc having a radius of
114 . 59 feet and a long chord bearing and distance of
j North 14016' 30" East 15.16 feet;
THENCE North 10029100"East 18.58 feet along the center of said
access road;
!I THENCE North 86°49' 00" East 445.79 feet;
THENCE North 11°47' 00" East 184 . 65 feet;
THENCE North 87051102" West 227 .89 feet;
j THENCE North 13039103" East 216. 19 feet;
THENCE South 87029' 00" East 445: 81 feet;
Ordinance No. 2843
Page 2 of 5
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THENCE North 11°47' 00" East 227.75 feet;
THENCE North 67°11' 16" East 11. 93 feet;
THENCE North 11°04' 35" West 256. 93 feet;
THENCE North 55°14' 48" East 438.37 feet;
THENCE North 79010130" East 258. 86 feet;
THENCE North 04052' 00" East 450.85 feet to a point on the
south rim of the Snake River Canyon;
THENCE Along the south rim of the Snake River Canyon on the
following courses:
North 85051' 28" East 119.08 feet;
South 77009' 58" East 111.18 feet;
North 77°13156" East 54. 48 feet;
South 60044' 15" East 72. 04 feet;
North 74°11'30" East 58.51 feet;
North 78058106" EasL 57.23 feet;
North 69°34' 21" East 143.13 feet;
THENCE Leaving the south rim of the Snake River Canyon, South
24°28130" East 400. 16. feet;
THENCE South 05°25' 00" East 2909. 04 feet;
THENCE South 12°27' 14" East 67 .77 feet;
THENCE North 89°22' 04" West 1115. 31 feet;
THENCE South 00°1515C" West 58.29 feet along the west boundary
of Government Lot 1, to the southwest corner of said
Lot 1;
THENCE South 00015'05" West 183.01 feet;
THENCE South 76°50111" East 1345. 69 feet to the east boundary
of the NE ;-4, of Section 2;
THENCE South 00012137" West 77. 93 feet along east boundary of
said NE 1,, of Section 2;
THENCE South 89032121" West 340.40 feet;
THENCE South 00°12'37" West 205.09 feet parallel with the east
boundary of the NE ;,, Section 2;
THENCE South 44033'26" East 226. 16 feet;
THENCE South 59035149" East 209.53 feet to a point on the east
boundary of the NE 1-4, Section 2;
I THENCE South 00°12137" West 310.00 feet along the east
boundary of the NE :�,, Section 2;
THENCE North 89°02' 04" West 388.97 feet along the south
boundary of the NE i, of Section 2;
THENCE North 28011143" West 400.18 feet;
THENCE North 89°48' 20" West 562.72 feet parallel with the
south boundary of the NE ;�4 Section 2;
THENCE South 34009' 26" West 409.21 feet to a point on the
south boundary of the NE :4- Section 2;
THENCE North 89°02' 04" West 598.30 feet along said south
` boundary of NE In, Section 2;
THENCE South 00°1921" West 1316. 92 feet to a point on the
south boundary of the NW 1-4, SE :�,4 Section 2;
Ordinance No. 2843
Page 3 of 5
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THENCE North 88°53' 09" West 657 . 28 feet along south boundary
of the NW �., SE ;i Section 2 to the southwest corner of
the said NW �-4, SE ;�-4;
THENCE North 00°21' 31" East 1315.21 feet along the west
boundary of the NW `44 SE 1-4 Section 2;
THENCE North 89'02' 05" West 1310. 87 feet along the south
boundary of the NW 3, of Section 2 to the southwest
corner of SE �, NW :�. of Section 2 said point also being
i the southeast corner of Candleridge East Subdivision;
THENCE North 00°28'27" East 656. 47 feet along the east
boundary of Candleridge East Subdivision to the
northeast corner of said Subdivision;
THENCE North 89°12'19" West 790. 50 feet;
THENCE North 00°35' 29" East 261.00 feet parallel with the west
boundary of the NW 4 of Section 2;
THENCE North 89012' 19" West 519. 00 feet; to the west boundary
of the NW 1, of Section 2 also being the centerline of
Eastland Drive North;
THENCE North 00°35'29" East 1654 . 50 feet along the said west
boundary of the NW 1-4 of Section 2 also the centerline
of Eastland Drive North to the REAL POINT OF BEGINNING
Containing 343.204 Acres
AND all public streets, highways, alleys and public rights-of-way
adjacent and within this description.
SECTION 2. That the real property described in Section 1
hereof be and the same is hereby zoned R-2 PUD.
SECTION 3. That the Area of Impact and Zoning Districts Map
for the City of Twin Falls, Idaho, be and the same is hereby
amended to reflect the newly incorporated real property as hereby
zoned.
SECTION 4 . That the City Clerk immediately upon the passage
and publication of this Ordinance as required by law certify a
copy of the same and deliver said certified copy to the County
Recorder's office for indexing and recording.
PASSED BY THE CITY COUNCIL October 31 2005
SIGNED BY THE MAYOR October 31 2005
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Mayor Glenda Dwight
ATTEST:
Ordinance No. 2843
Page 4 of 5
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Puo- d` t
j D u ci y*:7'le
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PUBLISH: Thursday, November 10 2005
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Ordinance No. 2843
Page 5 of 5
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EXHIBIT "A"
ORDINANCE NO. 2858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
j OF TWIN FALLS, IDAHO, ANNEXING CERTAIN REAL
PROPERTY BELOW DESCRIBED, PROVIDING THE ZON-
ING CLASSIFICATION THEREFOR, AND ORDERING THE
NECESSARY AREA OF IMPACT AND ZONING DISTRICTS
MAP AMENDMENT.
WHEREAS, Gary's Westland, LLC, has made application for
annexation of property located at the southeast corner of
Eastland Drive North and Pole Line Road East; and,
WHEREAS, the City Planning and Zoning Commission for the
City of Twin Falls, Idaho, held a Public Hearing as required by
law on the 26th day of March, 2006, to consider the Zoning
Designation and necessary Area of Impact and Zoning Districts Map
amendment upon annexation of the real property below described;
and,
WHEREAS, the City Planning and Zoning Commission has made
recommendations known to the City Council for Twin Falls, Idaho;
and,
WHEREAS, the City Council for the City of Twin Falls, Idaho,
held a Public Hearing as required by law on the 1st day of May,
2006, to consider the Zoning Designation and necessary Area of
Impact and Zoning Districts Map amendment upon annexation of the
real property below described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF TWIN FALLS, IDAHO:
SECTION 1. That the following described real property be
and the same is hereby annexed into and declared to be a part of
the City of Twin Falls, Idaho:
SEE ATTACHMENT "A"
f AND all public streets, highways, alleys and public rights-cf.-way
adjacent and within this description_
SECTION 2. That the real property described in Section 1
hereof be and the same is hereby zoned R-2 PUD.
SECTION 3. That the Area of Impact and Zoning Districts Map
for the City of Twin Falls, Idaho, be and the same is hereby
Ordinance No. 2858
Page 1 of 2
lv-&
amended to reflect the newly incorporated real property as hereby
zoned.
SECTION 4. That the City Clerk immediately upon the passage
and publication of this Ordinance as required by law certify a
copy of ,the same and deliver said certified copy to the County
Recorder' s office for indexing and recording.
PASSED BY THE CITY COUNCIL May 1 , 2006
SIGNED BY THE MAYOR NK7-y 2 2006
Mabr 'Lan�c�eW.- Clow
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ATTEST:
Peput City Clerk
PUBLISH: Thursday, May 11 2006
i
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f Ordinance No. 2858
Page 2 of 2
ATTACHMENT"A"
A parcel of land located in the NW %, of Section 2,Range 17 East,Township 10 South,
Boise Meridian,Twin Falls County,Idaho,more particularly described as follows;
COMMENCING at the Northwest comer of Section 2;
THENCE South 00°35'29"West 25.00 feet along the west boundary of the NW'/4,
of said Section 2 to the REAL POINT OF BEGINNING;
THENCE South 89°55'02"East 655.10 feet parallel with north boundary of the NW
'/4, of Section 2;
THENCE South 01°03'34"West 552.46 feet;
THENCE South 61°58'51"East 76.49 feet;
THENCE South 51'11'32"East 187.05 feet;
THENCE South 38°02'35"East 245.33 feet;
THENCE South 32°15'21"East 128.40 feet;
THENCE South 39°5321"East 25.00 feet to a point of curvature;
THENCE Along a curve to the left for a distance of 148.30 feet, said arc having a
radius of 200.00 feet, a chord bearing South 28°52'06"West for a distance
of 144.93 feet, and a delta of 42°29'07';
THENCE South 07°37'33"West 133.42 feet;
THENCE North 89'11'50"West 1019.47 feet to a point on the west boundary of
Section 2 also the centerline of Eastland Drive North;
THENCE North 00°35'29"East 1272.40 feet along the west boundary of Section 2,
also the centerline of Eastland Drive North to the REAL POINT OF
BEGINNING;
Containing 24.310 Acres
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T H E P R E S E R V E LAND USE DIAGRAM
TWIN FALLS, IDAHO IV,:.'-z-
A'�!Y%T(l IRER IT
Em G E I-V-E-0--
DEC 19
CITY OF TWIN FALLS
PLANNING&ZONING
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EXHIBIT"C"
WATER SHARES
AND WATER RIGHTS
FOR
THE PRESERVE SUBDIVISION
136.79 shares of Twin Falls Canal Company
0.50 CFS Waste Water right 47-17266
1.57 CFS Waste Water Right 47-17268
1.30 CFS Groundwater Right 47-4453