HomeMy WebLinkAboutNorthbridge #2 PUD - recorded 08-04-94 (C-2291) r' l .-, r
C-1 PLANNED UN E_VI LOPMENT AGREEMENT
NORTHBRIDGE NO. 2 ` /,
THIS AGREEMENT, made and entered into this Z day of
19 94 , by and between the CITY OF TWIN FALLS, a
municipal orporation , State of Idaho (hereinafter called "City" ) ,
and Northbridge Plaza, Inc . an Idaho Corporation (hereinafter
called "Developer" ) , whose -address is P . O. Box 223 , Twin Falls ,
Idaho 83303-0233 .
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RECITALS
WHEREAS, Developer is the owner of the certain tract of land
in the City of Twin Fails , State of Idaho , more particularly
described in Exhibit "A" , attached hereto, ( the "Property" ) which
Property is bounded by Washington Street North to the West ,
Northbridge C-1 & R-4 Pro PUD to the South, and Harrison Street
Extended to the East , known as Northbridge C-1 PUD No. 2 .
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
commercial subdivision ( the "Project" ) on the Property and has
submitted to the City a Master Plan (Exhibit "C" ) thereof which has
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been approved for development as a "C-1 PUD" by the Planning and
Zoning Commission and City Council of the City; and
WHEREAS, City, by and the through its City Council , has agreed
to the development of said Project within the City of Twin Falls ,
Idaho, subject to certain terms , conditions and understandings,
which terms , conditions and understandings are the subject of this
aareement .
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 "C-1 PUD" 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. OPEN SPACE. The Developer has proposed to dedicate
to the Citv of Twin Falls a strip of land situated along Perrine
Coulee (description attached as Exhibit "B" ) known as Perrine
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Coulee Refuae and a 50 foot strip along the Snake River Canyon Rim
as shown on the Master Plan.
The Open Space along the Snake River Canyon Rim shall be a
minimum of 50 feet measured from the vertical canyon wall . The 50
feet of width shall be sufficiently located to afford the City
adequate space in which to construct a 10 foot bicycle path.
The Citv' s use of the Open Space shall be those specified by
the City Zoning Code for Open Space. The City agrees to abide by
the requirements of the governmental agencies having jurisdiction
over the lands and/or water within the Open Space.
The City shall construct the bike path at its sole cost and
expense. The City shall maintain the bike path independent of its
agreement with the Association for maintenance of the Open Space.
The Citv shall be a member of the Association. The land outside
the bike path shall be maintained by the Association.
The City agrees to indemnify and hold harmless the Developer
and its successors from any and all liability of whatever kind or
nature incurred on or about the Open Space, except for those
claims , actions or damages caused or contributed to by the
negligence or other wrongful acts of the Developer or its agents or
successors .
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The siting and design of improvements shall be reviewed and
approved by the Developer or its assigns , which approval will not
be unreasonablv withheld.
The City and Developer agree that when either party intends to
develop a portion or portions of the Canyon Rim area that a
mutually acceptable grading plan shall be prepared by either party.
This grading plan shall allow for the removal and/or replacement of
earth along the common property boundary between the two
properties . The intent of the plan is to provide a flatter
(smoother) area for a bike path and to provide a better view from
adjacent properties . Cost of grading shall be borne by the party
first developing or as may be mutually agreed to.
The Developer will deed to the -City all Open Space upon
recording of the first final plat . The City will then have five
(5) years to complete all improvements within the Open Space unless
otherwise agreed to in writing. It is the intent of the City and
Developer that the Open Space improvements be completed in a timely
manner. Should the City fail to construct the bike path and
related improvements within the Open Space within the five years ,
the land adjacent to the Canyon Rim shall revert to the Developers
! to dispose of as they see fit .
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The improvements may consist of a bike path, safety features ,
landscaping, benches and restrooms along with landscaping. All
such improvements shall be constructed by the City at City expense.
The City shall allow the Developer unrestricted underground
utility and drainage access over, under and across the Open Space,
as well as such above ground access easements as are deemed
necessary by the Developer for the reasonable development of the
property. The City shall also allow the same unrestricted access
for the future adjoining landowners .
B. • USES . (See attached map of the Project . Exhibit
1 . Limited Commercial : This area shall meet the
requirements of the Limited Commercial Zone described in attached
Exhibit "D" with the following exceptions :
(a) Building Height shall be limited to
thirty-five feet . The Council may allow greater than standard
building heights with or without extra setback requirements
providing all floors have a fire sprinkler system approved by the
Fire Chief and City Engineer. The requirement for a fire sprinkler
system may be waived by the Council , based on recommendations from
the Fire Chief , for a building which is accessory to a farming use
and not intended for human occupancy providing the property owner
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releases the City from all fire protection responsibility and
liability.
Lots bordering the Canyon Rim shall have
a minimum of 50 foot setback from the established public rim Open
Space area. This 50 foot setback may be waived by the Developer or
its assigns for 50 percent of the Canyon Rim lot frontaae if it can
be demonstrated that the encroachment will not detract from the
overall Canyon Rim setting and aesthetics . Buildings within the 50
foot setback area ( 50 feet from the property line) shall have a
height limited to one story and 35 feet unless changed by approval
of the Developer and the Planning and Zonina Commission.
(b) The City agrees that a geologic study has
confirmed the safety of residential construction on the property
within the 50 foot setback from the property line, however all
commercial buildings encroaching on the 50 foot setback shall have
additional geological work performed and confirmed by the City
Engineer.
(c) Signs shall be low profile and shall not
exceed 10 feet in height . Signs may not be larger than 100 square
feet and shall only have letters that be can illuminated
internally. No signs shall be allowed to face the Canyon Rim or
Perrine Coulee Refuge except directional signing for business
purposes . Individual letters and logos , indirectly or internally
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illuminated, are limited to a 16 inch height . The sign plan shall
require approval by the ARB.
(d) All lots bordering the Perrine Coulee
Refuge shall design their buildings to have an architectural finish
consistent with the surrounding area and the overall theme of the
development on the building wall or walls fronting on the Perrine
Coulee Refuge. The area bordering the Perrine Coulee Refuge shall
be kept neat and clean and shall not be used for storage unless
screened from the view of the Perrine Coulee Refuge. Building
finishes will be approved by the ARB.
Except as provided herein
, the Limited
Commercial area shall meet the requirements of the City ' s C-1
Commercial Highway District zone, as well as, Section 10-4-8 of the
current Zonina and Subdivision Regulations .
2 . Commercial : Except as provided herein this
area shall meet the requirements of the City' s C-1 Commercial
Highway District zone, as well as Section 10-4-8 of the current
Zoning and Subdivision Regulations . The following are exceptions
to the regulations :
(a) All lots bordering the Perrine Coulee
Refuge shall design their buildings to have an architectural finish
consistent with the surroundina area and the overall theme of the
development on the building wall or walls fronting on the Perrine
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Coulee Refuge. The area bordering the Perrine Coulee Refuge shall
be kept neat and clean and shall not be used for storage unless
screened from the view of the Perrine Coulee Refuge. Building
finishes will be approved by the ARB.
(b) Signs shall be low profile and shall not
exceed 10 feet in height . Signs may not be larger than 100 square
feet and shall only have letters that can be illuminated
internally. No signs shall be allowed to face the Canyon Rim or
Perrine Coulee Refuge except directional signing for business
1 purposes . Individual letters and logos , indirectly or internally
illuminated, are limited to a lb inch height . The sign plan shall
require approval by the Developer or its assigns.
(c) Under Section 10-4-8 . 2-1 .a Use Reg-
ulations , Residential : Household buildings will have a minimum of
four ( 4 ) units .
3. Multi-Family/Professional : This area shall
meet the requirements of the Multi-Family/Professional Zone
described in the attached Exhibit "E" with the following
exceptions:
(a) Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
approval of the Developer or its assigns .
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Except as provided herein, the Residential
area shall meet the requirements of the City' s R6, Residential
Multi-Household District with a professional overlay, Section 10-4-
6 of the current Zoning and Subdivision Regulations.
4 . Residential : This area shall meet the
requirements of the Residential Zone described in the attached
Exhibit "F" with the following exceptions :
(a) Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
approval of the Developer or its assigns .
Except as provided herein, the Residential area
shall meet the requirements of the City' s R6 , Residential Multi-
Household District , Section 10-4-6 of the current Zoning and
Subdivision Regulations .
5. Limited Residential : Except as provided
herein, the Limited Residential area shall meet the requirements of
the City' s R2 , Residential Single Household or Duplex District ,
Section 10-4-4 of the current Zoning and Subdivision Regulations .
C. PHASING OF DEVELOPMENT. Developer shall be
permitted to develop the property in phases . So long as those
phases are in compliance with the Master Plan, 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
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phase to the City Council . The designation and location of
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specific uses on the Master Plan are conceptual and minor changes
therefrom shall not provide basis for disapproval of any final
plat . There shall be no minimum and a 10 year maximum time limit
between phases .
3 . STREET, SEWER VaTER AND DRAINAGE IMPROVEMENTS. Developer
shall be responsible for the design and construction of street ,
sewer, water and drainage systems on the Property and adjacent
right-of-way (hereinafter "Improvements" ) as described herein in
\ accordance with City Standards . Adjacent right-of-way is defined
as that portion of Washington Street North dedicated under
Paragraph 7 .
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 shall meet the approval of the City,
which approval shall be given if such plans conform with
established City requirements, the Master Plan and this PUD
Agreement .
B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer, at
its expense, shall cause all Improvements shown on the Improvement
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Plans to be designed, constructed and installed consistent with the
approved Improvement Plans except as otherwise provided therein.
Notwithstanding the foregoing, nothing in this agreement shall
prohibit City participation in the cost or financing of im-
provements on the Property if mutually agreed to by the parties
hereto.
C. PHASED CONSTRUCTION. Developer may install the
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 portion,
or portions , of said Improvements it intends to complete at that
time. Developer agrees to make such modifications to construct any
temporary facilities necessitated by such phased construction work
as shall be reasonably required and approved by the Citv.
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
such Improvements are constructed in accordance with the approved
Improvement Plans .
E. NON-COMPLIANCE. In the event anv of the Im-
provements 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
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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 conuletion. 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"
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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,
and its decision shall be final , except that the rights of the
parties are preserved at law and equity.
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 to the Improvement Plans .
However, City water and sewer connection and service charges shall
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be paid for by individual developers and users at the rates set by
applicable City ordinances and resolutions .
G. MAINTENANCE OF IMPROVEMENTS. City hereby agrees to
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 property 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
agreed that said plats and any amendments thereto must first be
approved by the City.
5 . INDIVIDUAL PARCEL DEVELOPMENT CRITERIA. The Property or
any portion thereof shall be developed in accordance with criteria
set forth in this Section S.
A. APPROVAL AND CONSTRUCTION. All improvements shall
be constructed in accordance with engineered drawings and
specifications , describina 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.
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B. LANDSCAPING. Perimeter landscaping along Washington
Street North and interior streets shall be required to be installed
on each parcel of the Property and in the public rights-of-way
adjacent thereto at the time site and building improvements are
completed thereon, or by the next planting season. Such landscaped
perimeter shall be installed from the back of the sidewalk in the
public rights-of-way and shall be extended to the dimensions set
forth below.
A 30 foot landscape buffer along Washington Street
North and a 20 foot buffer along interior streets including a 5
foot wide City standard sidewalk shall be required from the back of
the curb.
Each property owner shall be required to meet
minimum landscaping requirements , if required, in addition to the
30 feet of perimeter landscaping in accordance with an approved
design submitted with building permit application .
Each property owner shall maintain the landscaping
on his property and in the public rights-of-way adjacent thereto.
Notwithstanding the foregoing, alternately, in the event Developer
i chooses to designate certain landscaped areas and other areas as
"common area" , Developer shall have the right to create an
association which shall be responsible for the maintenance of
"common area" .
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D. LANDSCAPING PLAN. For each buffer area, at the time
of development , each parcel shall be landscaped to include the
following: Fifty percent ( 50% ) of the lineal footage of
landscaping shall have berms with a ridge elevation of at least
eighteen inches ( 18" ) in height with at least fifty percent ( 50%)
of the berming having a minimum ridge elevation of thirty inches
( 30" ) in height (except in front of car dealerships the 30"
requirement may be lowered to 24" ) . The landscape perimeter shall
be planted in grass with a minimum of one tree per five hundred
(500 ) square feet of landscape 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
following groups : Austrian Pine, Green Ash, Honey Locust and
Flowering Crab, Plum or Cherry. 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 shall have a height of
at least four feet ( 4 ' ) when planted.
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= To help mitigate the negative impact of parking
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areas in addition to the perimeter landscaping seven percent ( 7% )
of the parking area shall be required to be landscaped within the
commercial and professional areas of the development . The use of
planters within parking lots is required and these shall be planted
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with shade trees and shrubbery. Landscaping shall be required
where commercial and professional uses are adjacent to residential
uses . A ten ( 10 ) foot buffer is required to provide sound and
visual buffering. The buffer area is to be landscaped with
coniferous and deciduous trees and/or solid fencing with shrubs ,
berms , wall and/or planter boxes to create a dense buffer in a
relatively short period of time. In all cases landscaping will
meet or exceed the minimum requirements of Section 10-11-2 :
Landscaping of the Citv of Twin Falls Zoning and Subdivision
Regulations .
E. BUILDING STANDARDS. Buildings and improvements
shall comply with the following standards .
1 . OUTSIDE STORAGE. Refuse and outside storage
areas shall be visibly screened from streets and adjacent
properties. All such areas shall be located to the rear of the
building or to the side of a building, other than street side.
Screening shall be approved by the Developer or its assigns .
2 . UTILITIES. All on-site utility service lines
located within a parcel shall be placed underground. Any
transformer or terminal equipment provided within or immediately
adjacent to the parcel shall be visibly screened from the view from
streets, with screening material . Relocation and undergrounding of
- electrical lines does not apply to transmission lines currently
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located on the property. The City shall endeavor to work with the
Developer and utility companies to move existing transmission lines
Mto an area outside the ultimate roadway on Washington Street North.
The Developer shall prepare a plan for relocation of the
transmission line along the Canyon Rim and Perrine Coulee Refuge.
The City and Developer shall then approach Idaho Power Co . to see
if the plan can be implemented to the satisfaction of all parties .
F. CODES. All construction on the Property shall be to
the standards established by applicable codes .
5. ILLUMINATION. The lamp of any exterior lighting shall
not be -visible from any other property and all reasonable effort
shall be made to minimize the harshness or glare of any lighting.
6 . WIDENING OF WASHINGTON STREET NORTH. Developer hereby
agrees to convey to the City, as part of the final platting for
phases abutting Washington Street North, the area under the
Developer' s ownership including additional right-of-way required.
Those parts of .the development phases abutting Washington Street
North shall be widened at the Developer' s expense pursuant to the
Standard Developer' s Agreement , bringing Washington Street North to
a 32 foot width from the section line common to Section 33 and 34 .
Any future widening shall be handled outside the scope of this
\ agreement .
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7. TIME LIMITATION. The "C-1 PUD" zone designation on the
Property described in Exhibit "A" is expressly conditioned upon
submission to the City Council of a final development plan of the
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first phase of development within one ( 1 ) year from the date
hereof . The Developer may apply for one or more one -year
extensions , provided application is made in advance of the one year
expiration. Approval shall not unreasonably be withheld.
8 . STANDARD DEVELOPER ' S AGREEMENT . It is understood and
agreed by the parties hereto that Developer shall execute the
) City' s Standard Developer ' s Agreement .
9 . GENERAL PROVISIONS .
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.
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B. ENTIRE AGREEMENT . 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 reduced to
writing and signed by the parties .
C. APPLICABLE LAW. This agreement shall be construed
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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
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mailed to the party 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 :
DEVELOPER: Northbridge Plaza, Inc .
Attention R. G. Messersmith, President
1615 Addison Avenue East
P O Box 223 '
) Twin Falls , Idaho 83303-0223
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
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binding upon the successors , assigns and legal representatives of
the parties hereto. Transfer of all or a portion of the Property
shall create a novation releasing the transferor from obligations
under this agreement with respect to said transferred property.
F. SEVERABILITY. In the event any portion of this
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agreement is declared by a Court of competent jurisdiction to be
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invalid, illegal , or unenforceable , such portion shall be deemed
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severed from this agreement , and the remaining portions shall not
be affected thereby.
G. SIGNATORIES . Each of the persons executing this
agreement hereby represents 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.
H. EFFECTIVE DATE. This agreement shall become valid
and binding only upon its approval by City, through its ' City
Council , and upon its 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 provided by law, the party which prevails in such litigation
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 .
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K. ATTACHMENTS. All attachments to this Agreement and
recitals are incorporated herein and made a part thereof as if set
forth in full .
L. CAPTIONS. The captions , section 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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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
ATTEST: ,��,��C � ✓ BY
D.eputy y Clerk Mayor
i %1%491frl't
�. o Northbridae Plaza, Inc .
J S ha
�,.� �,'•?®vm�,.H , ° ?�a Messer mi th, President
ce P. Olsen , Secretary/Tres .
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ACKNOWLEDGEMENTS
fSTATE OF IDAHO )
) ss .
j COUNTY OF TWIN FALLS )
On this /8 day of 1994 , before
me, the undersigned, a Nota bli nd for said State and
County, personal appeared known to mer P
to be the _ of T Falls , the municipal
corporation that xecuted the within and f egoing 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 day and year in th',�s certificate first above
written .
ESHI'ARON hil. Bql y/'!' ARY PUB IC O I O
irID Ar-1� Residence off
�t
- My Commission Expiresaa l�
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ACKNOWLEDGEMENTS
STATE OF IDAHO )
) ss.
COUNTY OF TWIN FALLS )
On th.i s S1 day of 1994 , before me
personally appeared R.G. Messersmith and Bruce Olsen, know and
identified to me to be President and Secretary/Treasurer, of the
corporation that executed the instrument or the persons who
executed the instrument on behalf of said corporation, and
acknowledae to me that such corporation executed the same .
;. �S •L ARY P'LVLIfC OF IDAHO
Residence of
My Commission Expires ?_!�
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NORT-iBR I IDGE
ZONE CHANGE REQUEST
LEGAL DESCRIPTION
for
PROPOSED C-1 PUD No . 2
December 17 , 1993
A parcel of land located in the SW 1/4 of Section 33 , Township 9
South , Range 17 East of the Boise Meridian in Twin Falls County,
Idaho more particularly as follows :
Commencing at the. Southwest corner of said Section 33 ; thence
running North 0'00 ' 00" East along the westerly boundary of said
Section a distance of 525 . 00 feet to the REAL POINT OF BEGINNING ;
THENCE continuing.-North 0°00 ' 00" East- a distance of 2116 . 09
1 feet to the Northwest corner of said SW 1/4 ;
THENCE North 89° 38 ' 51" East a distance of 217 . 27 feet more or
less to the intersection of the Snake River Canyon Rim with the
North boundary of said SW 1/4 ;
THENCE along said Canyon Rim on the following successive
courses ; .
South 52° 19 ' 38 " East- a distance of 240 . 25 feet :
South 62°22 ' 32" East a distance of 70 . 83 feet ;
South 45°20 ' 13 " East a distance of 195 . 75 feet ;
South 62°56 ' 03" East a distance of 117 . 29 feet ;
South 79°00 ' 56" East- a distance of 243 . 15 feet ;
South 67 ° 19 ' 25" East a distance of 265 . 53 feet ;
South 87° 17 ' 45" East a distance of 114 . 24 feet :
North 86°0321" East a distance of 17 . 16 feet ;
South 73°25 ' 59" East a distance of 314 . 20 feet ;
South 45'02 ' 03" East a distance of 342 . 70 feet ;
South 32'32 ' 59" East- a distance of 124 . 60 feet ;
South 37' 55 ' 00" East a distance of 82 . 60 feet ;
North 40 °08 ' 52 " East a distance of 217 . 62 feet ;
North 61°56 ' 03" East a distance of 61 . 30 feet ;
South 66,06 ' 03 " East a distance of 89 . 90 feet ;
South 7 6'2 9 ' 5 9" East a distance of 398 . 20 feet more or less to
a point on the East boundary of the SW 1/4 said point bears North
0°27 ' 35" East a distance of 1663 . 36 feet more or less from the
Southeast corner of said SW 1/4 ;
EXHIBIT A
aC�
C) "�� 1 �
ITHENCE South 0'27' 35" West a distance of 863 . 36 feet along the
East boundary of said SW 1/4 ;
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THENCE South 89034 ' 43" West parallel to and 800 . 00 feet North
of the South boundary of said SW 1/4 a distance of 2274 . 17 feet
mire or less to a point that lie: North 89'34 ' 43" East 375 . 00 feet
and North 00025 ' 17" West a distance of 274 . 92 feet from the REAL
POINT OF BEGINNING;
THENCE South 00025 ' 17" East a distance of 274 . 92 feet ;
THENCE South 89034 ' 43" West a distance of 375 . 00 feet to the
REAL POINT OF BEGINNING .
EXCEPT a parcel of land located in the SW 1/4 of Section 33 ,
Township 9 South , Range 17 East of the Boise Meridian in Twin Falls
County , Idaho more particularly as follows :
Commencing at the Southwest corner of said Section 33 , thence
running North 0000 ' 00" East along the westerly boundary of said
Section a distance of 525 . 00 feet ; thence North 89' 34143" East
parallel to the South boundary of said- SW 1/4 a distance of 375 . 00
aet ; thence North 00'2.5 ' 17 " West a distance of 274 . 92 feet ; thence
orth 89'34 ' 43" East -parallel to and 800 . 00 feet North of the South
cc.s dit-� n - o L 1544 .
boundary 'of said SW 1/4 a a 17 Let to the REAL
POINT OF BEGINNING ;
THENCE North 01000 ' 00 " East a distance of 200 . 00 feet ;
THENCE North 02045 ' 00" East a distance of 335 . 00 feet ;
THENCE North 04 ' 27 ' 45" East a distance of 218 . 70 feet ;
THENCE North 15' 06 ' 22" East a distance of 74 . 76 feet more 'or
less to the intersection of the Snake River Canyon Rim;
.THENCE along said Canyon Rim on the following successive
courses ;
South 37'55 ' 00 " East a distance of 27 . 75 feet ;
North 40'O8 ' 52" East a distance of 77 . 50 feet to a point that
lies North 02037 ' 30 " East 1661 . 31 feet and South 89034 ' 43" West
613 . 82 feet m re or less from the Southeast corner of said SW 1/4 ;
THENCE South 05' 45 ' 26" East a distance of 353 . 58 feet ;
THENCE South 08009 ' 39"West a distance of 390 . 00 feet ;
THENCE South 28' 30 ' 00 " East a distance of 140 . 00 feet ;
THENCE South 89034 ' 43 " West a distance of 170 . 00 feet to the
REAL POINT OF BEGINNING .
,The area above described contains 78 . 4 acres more or less .
EXHIBIT A
I
I
LEGAL DESCRIPTION
for
i
PROPOSED OPEN SPACE
(C-1 PUD No . 2 )
j December 17 , 1993
I
A parcel of land located in the ' SW 1/4 of Section 33 , Township 9
South , Range 17 East of the .Boise Meridian in Twin Falls County,
Idaho more particularly as follows :
Commencing at the Southwest corner of said Section 33 , thence
running North 0'00 ' 00 " East along. the westerly boundary of said
Section a distance of 525 . 00 feet ; thence North 89 34 ' 43" East
parallel to the South boundary of said SW 1/4 a distance of
375 . 00 feet ; thence North 00° 25 ' 17 " West a distance of 274 . 92
feet ; thence North 89' 3443" East parallel to and 800 . 00 feet
North of the South boundary of said SW 1/4 a distance of 1544 . 17
feet to the REAL
JOINT OF BEGINNING ;
THENCE North 01° 00 ' 00 " East a distance of 200 . 00 feet ;
THENCE North 02045 ' 00" East a distance of 335 . 00 feet ;
THENCE North 04027 ' 45 " East a distance of 218 . 70 feet ;
THENCE North 15006 ' 22" East a distance of 74 . 76 feet more or
less to the intersection of the Snake River Canyon Rim;
THENCE along said Canyon Rim on the following successive
courses ;
South 37°55 ' 00 " East a distance of 27 . 75 feet ;
North 40 °08 ' 52 " East a distance of- 77 . 50 feet to a point that
lies North 02' 37 ' 30 " East 1661 . 31 feet and South 89034143" West
613 . 82 feet nore or less from the Southeast- corner of said SW 1/4 ;
THENCE South 05045 ' 26" East a distance of 353 . 58 feet ;
THENCE South 08009 ' 39 " Wert a distance of 390 . 00 feet ;
THENCE South 28030 ' 00 " East a distance of 140 . 00 feet- ;
THENCE South 89" 34 ' 43" West a distance of 170 . 00 feet to the
REAL POINT OF BEGINNING .
The area above described contains 2 . 3 acres more or less .
EXHIBIT B
-
� ~� PUD #248
P U D C 2291
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#237
PUD ZDA
#266 (0 rd. 2( 16-10) PU D C 2185
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SPUD -
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c
DALE L.RPEDESEL P.E./Ls.
e3!BLUE MES--VD HO SUI;2 103
TVAM FALLS.IDAHO 33301
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r 0L4- L1i-A 1?OAp
NORTHBRIDGE C-1 PUD NO. 2
ALLOWABLE USES
LIMITED COMMERCIAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted Uses . Buildings , Structures or premises shall be used
and buildings and structures shall hereafter be erected , altered or
enlarged only for the following uses :
Residential
Household buildings with a minimum of two ( 2 ) units .
Household units in same building as a commercial use and which
is occupied by the owner or employee of the commercial use .
Household units existing at the time this Title is adopted .
Rooming halls , residence halls and residential hotels .
Transient lodgings .
Home Occupations .
Retail Trade Uses as follows :
/ Apparel and accessories .
Eating Places .
Sporting goods .
Bakery - as a specialty shop .
Bookstore.
Craft shop conduced in conjunction with retail business which
may include ceramics , mosaic, fabrics , jewelry , leather croods ,
silk screening, dress designing, sculpturing and wood carving.
Florist .
Ice cream store.
Import store .
Music store .
Public Parks and Playgrounds .
Open Space .
EXHIBIT D
i
Communication and Utilities Facilities .
I
i
Radio and television stations without transmission and
i receiving towers .
Cultural Facilities .
Libraries , museums and art galleries .
Planetaria .
Historic sites and monuments .
Aquariums .
Botanical gardens and arboretums .
Transportation Facilities .
Tickets and arrangements .
Bus pickup shelters .
Automobile open parking lot or garage .
Services .
Finance and investment .
Insurance and related .
Real estate and related.
Photographic .
Beauty and barber .
Apparel repair and alternations .
Professional .
Medical , clinics and related services .
Advertising.
Consumer , credit , collection .
Duplicating stenographic .
News syndicate .
Employment .
Nursing homes and rest homes .
Construction trade offices .
Governmental facilities .
Business associations .
Professional organizations .
Labor unions organizations .
Civic , social and fraternal organizations .
Public , private or commercial academic schools .
Religious facilities .
EXHIBIT D
i
Printina and Publishing.
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Comprehensive Plan and that is
not permitted outright because it may conflict with other uses in
the District unless special provisions are Laken . Special use
permits may be granted for the following uses :
Retail Trade
Alcoholic beverages when consumed on premises where sold .
Sporting Facilities .
Ice and roller skating.
Swimming pools .
Athletic areas .
Indoor recreational facility.
Cultural Facilities .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ' above natural around are permitted uses ) .
Transportation .
EXHIBIT D
1
NORTHBRIDGE C-1 PUD NO . 2
I ALLOWABLE USES
MULTI—FAMILY/PROFESSIONAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted User . Buildings , Structures or premises shall be used
and buildings and structures shall thereafter be erected , altered
or enlarged only for the Following uses :
Residential
Single household dwellings .
Multiple household dwellings .
Accessory buildings , personal swimming pools and other
accessory uses .
Open Space .
Public Parks .
?laygrounds .
Under and above ground transmission lines .
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Comprehensive Plan and that is
not permitted outright because it may conflict with other uses
unless special provisions are taken . Special use permits may be
Granted for the following uses :
Golf courses and country clubs .
Private outdoor tennis courts .
Private outdoor ice and roller skating.
Outdoor commercial and public swimming pools .
Libraries , museums , art galleries .
Botanical gardens and arboretums .
Historic sites , monuments .
EXHIBIT E
i
I
Bus pickup shelters .
Religious facilities .
Home occupations.
Radio and television stations without transmission and receiving
towers .
Nursing homes and rest homes .
Professional services including real estate and insurance offices .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ` above natural ground are permitted uses ) .
EXHIBIT E
i
NORTHBRIDGE C-1 PUD NO. 2
ALLOWABLE USES
RESIDENTIAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted Uses . Buildings , Structures or premises shall be used
and buildings and structures shall thereafter be erected , altered
or enlarged only for the following uses :
Residential
Single household dwellings .
Multiple household dwellings .
Accessory buildings , personal swimming pools and other
accessory uses .
Open Space.
Public Parks .
Playgrounds .
Under and above ground transmission lines .
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Coinnr. ehensive Plan and that is
not permitted outright because it may conflict with other uses
unless special provisions are taken . Special use permits may be
granted for the following uses :
Golf courses and country clubs .
Private outdoor tennis courts .
Private outdoor ice and roller skating.
Outdoor commercial and public swimming pools .
Libraries , museums , art galleries .
Botanical gardens and arboretums .
Historic site , monuments .
EXHIBIT F
I
I
Bus pickup shelters .
Religious facilities .
P
Home occupations .
Radio and television stations without transmission and receiving
towers .
Nursing homes and rest homes .
Professional services including real estate and insurance offices .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ' above natural ground are permitted uses ) .
i
EXHIBIT F
DALE L. RIEDES L PE./L.S.
Engineer • Surveyor • Planner
g BLUE LAKES BLVD. NO., SUITE 103 TWIN FALLS, IDAHO 83301 TELEPHONE (208) 733-2446
May 2 , 1994
Mr. LaMar Orton
Community Development Director
P O Box 1907
Twin Falls , Idaho 83303-1907
RE: Final PUD Agreement
MOVE - Northbridae Plaza, Inc.
Northbridge C-1 PUD No. 2
Dear Mr. Orton:
Attached is the final draft of the above referenced PUD
Agreement signed by the Owners . The minor corrections you
recommended have been made.
I have also added a paragraph in Section 2 . a page 4
concerning a mutual agreement for grading of the open space area
along the canyon rim. In order to have the around, which will be
common to the bike path and the developed around, useable by both
parties an agreement for a grading plan needs to be made.
Whoever develops first will need the right to go onto the other
owners property and remove or replace earth to better accommodate
the bike path and/or view. Currently the existing slope in
places is not satisfactory either .
I have attached a sketch which shows the condition and a few
photographs .
I would appreciate getting the mayor to execute the
agreement .
R _ ctfully submitted,
Dale L. Rie esel , P.E. /L. S.
Project Manager
F
DLR:cw
Attachment
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