(A) Purpose. The appendix provides a model for the commercial operations/development management agreements required upon all residential lands within the county.
(B) Commercial operations/development management agreement.
The word “adjacent” hereinafter refers to all property within 1,000 feet of the attached described property.
“Grantors” are the owners of real property described as follows: In accordance with the conditions set forth in the decision of Franklin County, dated for approval of a Class I/Class II permit for residential development on the attached described property, and in consideration of such approval, grantors grant to the owners of the all property adjacent to or within 1,000 feet of the attached described property, a perpetual nonexclusive agreements as follows:
(1) The grantors, their heirs, successors, and assigns acknowledge by the granting of this agreement that the attached described property is situated in a commercial operations/development area and may be subjected to conditions resulting from commercial operations/development on adjacent lands. Such operations/activities ordinarily and necessarily produce noise, dust, smoke, and other conditions that may conflict with the grantor’s use of the grantor’s property for residential purposes. Grantors hereby waive all common law rights to object to normal and necessary commercial operations/activities legally conducted on adjacent lands which may conflict with the grantor’s use of the grantor’s property for residential purposes and grantors hereby grant an agreement to adjacent owners of such activities.
(2) Nothing in this agreement shall grant a right to adjacent property owners to ingress or egress upon or across the described property. Nothing in this agreement shall prohibit or otherwise restrict the grantors from enforcing or seeking enforcement of statutes or regulations of governmental agencies for activities conducted on adjacent properties.
This agreement is appurtenant to all property adjacent to the above described property and shall bind to the heirs, successors, and assigns of grantors and shall endure for the benefit of the commercial operations development’s adjacent landowners, their heirs, successors, and assigns. These landowners, their heirs, successors, and assigns are hereby expressly granted the right of third party enforcement of this agreement.
IN WITNESS WHEREOF, the grantors have executed this agreement on (date).
(Signature) Grantor
State of Idaho
County of Franklin
This instrument was acknowledged by me on (date) by
Notary Public,
My commission expires:
(Ord. 2007-8-13, passed 3-11-2019)