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HomeMy WebLinkAboutCottonwood Outparcel AgreementOUT PARCEL IMPROVEMENT AGREEMENT Cottonwood Creek Development, LLC, (“Developer”) agree to improve the street frontage, as noted below, of the Rice property along Knott Lane, also being the western boundary line of said property as well as the half-mile section line of Section 21, Township 4 North, Range 2 West, Boise Meridian. The Rice property, as of the date of this agreement, is addressed as 9490 Highway 20-26, Caldwell, ID 83605. The following Knott Lane improvements shall be the financial responsibility of the Developer: One municipal sewer stub shall be provided to the Rice property by the Developer. Connection to municipal sewer shall not be provided by the Developer. Connections fees shall not be paid by the Developer. Said stub shall be provided in whatever phase of Cottonwood Creek Subdivision is conducive to providing said stub, but no later than Phase 3. One municipal water stub shall be provided to the Rice property by the Developer. Connection to municipal water shall not be provided by the Developer. Connection fees shall not be paid by the Developer. Said stub shall be provided in whatever phase of Cottonwood Creek Subdivision is conducive to providing said stub, but no later than Phase 3. Road widening, curb, gutter, sidewalk and paving along the Rice property frontage of Knott Lane shall be completed by the Developer during Phase 1 of Cottonwood Creek Subdivision. If the existing fence along the west boundary of the Rice property is disturbed due to the frontage improvements, said fence shall be protected and reset or replaced. No landscaping shall be provided by the Developer to the Rice property. Any existing landscaping on the Rice property that is disturbed or destroyed due to the frontage improvements of Knott Lane shall be protected and reset or replaced. No additional landscaping shall be installed on the Rice property other than resetting or replacing any existing landscaping that may be disturbed or destroyed due to frontage improvements of Knott Lane. Any replacements necessary shall not be with mature plants. The Developer shall provide a completed, paved approach to the Rice property from Knott Lane to be built and spaced according to City of Caldwell standards. No pressurized irrigation services shall be provided by the Developer to the Rice property. If the existing buried irrigation sprinkler pipe along the west boundary of the Rice property is disturbed due to the frontage improvements of Knott Lane, said sprinkler pipe shall be protected and reset or replaced by the Developer. The required street landscape buffer along the east side of Knott Lane (which is the west side of the Rice property) shall be waived by the City of Caldwell now and for any future development. Cottonwood Creek Development, LLC (“Developer”) agrees to improve the street frontage, as noted below, of the Rice property along Highway 20/26. Highway 20/26 improvements shall be as follows: Road widening, curb, gutter, sidewalk and paving along the Rice property frontage of Highway 20/26 shall be completed by the Developer during Phase 1 of Cottonwood Creek Subdivision. We, Dwight Rice and Melissa Rice, (“Owners”), residing at 9490 Highway 20/26, Caldwell, Idaho agree to dedicate thirty (30) feet of right-of-way along our frontage of Knott Lane (from our western boundary line measuring 30 feet to the east). We further agree to dedicate twenty (20) feet of right-of-way along our frontage of Highway 20/26 to reach a total width from centerline of seventy (70) feet. These dedications of rights-of-way will be performed in exchange for and to facilitate road improvements (road widening, curb, gutter, sidewalk and paving) along our frontages of Knott Lane and Highway 20/26. These road improvements will be made by the Developer during the construction of Phase 1 of Cottonwood Creek Subdivision. These improvements will be made with no cost to the Rice family. We agree to this dedication of right-of-way with the terms listed above. All rights-of-way shall be dedicated to the public prior to annexation of the Cottonwood Creek Subdivision. DEVELOPER: Cottonwood Creek Development, LLC By:_____________________________ State of Idaho ) : ss. County of Canyon ) On this ____ day of __________________, 2008, before the undersigned notary public in and for the said state, personally appeared Ed Hendershot, known or identified to me to be the agent for Cottonwood Creek Development, LLC, which is the developer of Cottonwood Creek Subdivision, and the person who executed the foregoing instrument on behalf of Cottonwood Creek Development, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ____________________________________ Notary Public for Idaho Residing at:__________________________ My Commission Expires:_______________ OWNERS: Dwight Rice and Melissa Rice By:_________________________ By:_________________________ STATE OF IDAHO ) : ss. County of Canyon ) On this ____ day of __________________, 2008, before the undersigned notary public in and for the said state, personally appeared Dwight Rice and Melissa Rice, known or identified to me to be the owners referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ____________________________________ Notary Public for Idaho Residing at:__________________________ My Commission Expires:_______________