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HomeMy WebLinkAboutDR Bowen Petroleum 1996 .!' -(2~ "". DEVELOPMENT AGREEMENT. ."~- This Development Agreement is entered into by and between BOWEN PETROLEUM, INC. ("Bowen") and THE CITY OF CHUBBUCK, IDAHO, a municipal corporation ("Chubbuck") FACTS: A. Bowen intends to construct a truck shop at 4699 Burley Avenue on property legally described as Lot 12, Bonniebrae Acres Addition ("subject premises"). B. Chubbuck contends the construction of this building triggers the development ordinances of the City of Chubbuck which would include but not be limited to the installation of curb, gutter and sidewalk along Burley Drive. Chubbuck also contends it also triggers the installation of a street on the south portion of the . property which would be an extension of Linden Avenue. C. Chubbuck is currently considering a Local Improvement District to improve all of Burley Drive and does not believe it would be prudent planning to require Bowen to install curb, gutter and sidewalk along Burley Drive at this time. D. The property owner to the south of Bowen at this time is not believed to be interested in constructing the Linden Avenue extension. E. Bowen and Chubbuck enter into this Agreement to provide that the above expenditures by Bowen will not be required at this time but to set forth that slch may be required in the future. NOW THEREFORE in consideration acknowledged by each of the parties of th,s agreement given by one to the other, the parties agree as follows: 1. Chubbuck will not require curb, gutter and sidewalk improvements to be made to Burley Drive as part of the construction of the new shop building by Bowen. Additionally, Chubbuck will not require the development of the Linden Avenue extension along the south 25 feet of the subject property at this time. . -.:::: DlNELOPMENT AGREEMENT - 1 I -- . . . / ., _ . ~_.-, '~...'.~'~_;l';~'~~:;"~~~~'~i....I"'U;!;Z::,:-~- ! 2. In consideration of the foregoing, Bowen agrees to grant an easement and right of way to Chubbuck for the south 25 feet of Lot 12 of Bonniebrae Acres Addition to Bannock County Such easement shall be executed and given to Chubbuck prior to the issuance of the building permit. 3. Bowen agrees to participate in the development of Burley Drive through a local improvement district for Bowen's frontage of Burley Drive. 4. Bowen further agrees that upon request by Chubbuck it shall participate in the construction of the Linden Avenue extension, which participation may be either by outright construction of its proportionate share or by participation in a local improvement district providing for the extension of Linden Avenue. 5. Chubbuck shall give Bowen a $5,000.00 credit against the construction costs (for either or both the Burley Drive or Linden Avenue projects) as consideration for the Grant of Easement set forth in paragraph 2 herein. This $5,000.00 credit shall not bear interest and is a credit given Bowen at the time the construction is done or assessment made. 6. Upon execution of this Agreement and the Grant of Easement, Chubbuck shall immediately issue Bowen a building permit. 7. This Agreement shall be binding on all future owners of Lot 12 of Bonniebrae Acre Subdivision. DATED this 30th cay of May ,1996. BOWEN PETROLEUM, INC. By - ~__,/,~~_____ &~~ Title: DATED this 30th day of May , 1996. F CHUBBUCK ~ DEVELOPMENT AGREEMENT - 2 . . -. " "'1' STATE OF IDAHO ) : ss. ) County of Bannock On this ~ day of ~'f' ,1996, before me, the undersigned Notary Public, in and for said State, personally appeared before me E. DANIEL BOWEN who, being by me first duly sworn, declared that he is the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. SEAL ~ ~ff ~ ,e ~ NOT PU~ C of Idaho My Commission expires: / /2....$./ t? ~ I I ' STATE OF IDAHO ) : ss. County of Bannock ) On this S0'!-t<. day of m~ ' 1996, before me, the undersigned Notary Public, in and for said State, personally appeared before me JOHN O. COTANT, JR., who, being by me first duly sworn, declared that he is the Mayor of the municipal corporation that executed the within instrument or the person who executed the instrument on behalf of said municipal corporation, 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 first written above. SEAL awvt- ~ NOTARY PUBLIC of Idaho My Commission expires: fJJ.~ I q , lQqq , DEVELOPMENT AGREEMENT - 3 . . . ~. DESIGN REVIEW DECISION DATE: April 9, 1996 APPLICANT: Bowen Petroleum, Inc. PROJECT: Truck Shop at 4699 Burley Drive (Lot 12 of Bonniebrae Acres Subdivision) This matter comes on for review of the proposed truck shop addition to be built by Bowen Petroleum, Inc. Mr. Johnson of Johnson Construction, the contractor for the project appeared. Building official, CaT)' Campbell presented a site plan upon which were notes regarding the occupancy type and matters relating to fire flow. Among the items discussed was the need for an easement on the south 25 feet of the property, a contract for future development regarding participation in building the Linden Avenue extension, whether or not the parking and driveway would be hard surfaced pursuant to the ordinance; the need for less than the required 16 parking spaces based upon the square footage with Cary Campbell,- building official recommending 12 parking spaces; and the need for the Council to draw a variance on parking; dust abatement for the nonhard surface portions of the property; the need for a green area along Burley Drive and the issue of Burley Drive reconstruction in general. After consideration, the Design Review Committee reached the following decision: A. Bowen Petroleum, Inc. will need to grant the City an easement and right- of-way for the South 25 feet of the property for future Linden Avenue extension. B. While the development of this building normally would trigger the requirement of curb, gutter, sidewalk and street improvements on both Linden and Burley Drive, such shall be deferred in exchange for a contract for development executed by Bowen Petroleum, Inc. for the City of Chubbuck providi.1g for future participation by the owner of the subject property upon request of the City and/or implementation of the Local Improvement District or districts for the improveI7lent of Linden and Burley Drive. C. The parking spaces and the driveway in from Burley Drive shall be paved with asphalt unless waived by the City Council. D. Sixteen parking spaces shall be required, however, it is the recommendation of the Design Review Committee that the City Council grant a reduction of this to 12 parking spaces. E. Dust abatement for the portions of the property that are traveled upon but are not hard surfaced. Generally dust abatement shall be in the form of a chemical such as calcium chloride or magnesium chloride. DESIGN REVIEW DECISION. Poge 1 dac IOhbbollOO,' os . . . ,",., _', ~ ~'_ ':.~,.,:.~>~..':':-..~':;:..~~';';'~:;:::~;~~'-;i~.~;.-~:.... F. A greenery pursuant to the landscaping ordinances shall be developed for - the northerly 200 feet of the property alo~g Burley Drive, unless waived by the City Council. G. Curb, gutter and sidewalk along Burley Drive should be deferred until the street is reconstructed as a whole. DATED this2rH:J.ttlay of DESlGIoI FlE',IIEW DEOSICJN - ~ 2 elK cht>t:d04.' 06 APR.IL , 1996.