HomeMy WebLinkAboutDrum Studio AUP 15-003C01 -
City of Meridian Community Development Department Staff Report
DATE: June 11, 2015
TO: Caleb Hood, Planning Division Manager
FROM: C. Jay Coles, Assistant City Planner
CC: Pat Flaherty
SUBJECT: AUP-15-003
Home Occupation for Drum Studio
STAFF RECOMMENDATION
9�te�ie�
Staff recommends approval of the accessory use permit for a home occupation for a drum studio
located at 4097 E Raja Drive for Pat Flaherty, subject to the conditions outlined below.
APPLICATION SUMMARY
The applicant, Pat Flaherty, has requested approval for a home occupation for a drum studio out
of his home located at 4097 E Raja Drive, Meridian, Idaho.
LOCATION
The property is located at 4097 E Raja Drive.
APPLICABLE CODE
The property is zoned R-4, which allows for a home occupation with written approval from the
Community Development Director.
Section 11-4-3-21 of the Unified Development Code (UDC) for the City of Meridian lists
specific criteria for home occupations, which serve clients or have a nonresident employee:
A. In no way shall the home occupation cause the premises to differ from its residential
character in the appearance, lighting, signs, or in the emission of noise, filmes, odors,
vibrations, or electrical interference.
a. Drums and all instruments shall have mutes to lessen the amount of noise
heard by neighboring properties. All windows and doors on studio shall
remain closed at all times during which musical instruments are being
played.
B. The home occupation shall be conducted entirely in the dwelling, and not more than
twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a
home occupation or for storing goods associated with the home occupation. Materials
may be stored in an attached garage or storage area, provided it shall not reduce the
required off-street parking below the standard established for that district.
AUP-15-003 Pat Flaherty
C. No activity connected to the home occupation or any storage of goods, materials, or
products connected with a home occupation shall be allowed in any detached accessory
structure.
D. The home occupation shall not have more than two (2) out -going pickups per day from a
common carrier.
E. The home occupation shall be conducted by the inhabitants of the dwelling, and no more
than one (1) nonresident employee shall be permitted.
F. The home occupation shall not serve as a headquarters or main office where employees
come to the site and are dispatched to other locations.
G. No retail sales shall be permitted from the dwelling except the sale of a) services or
items produced or fabricated on the premises as a result of the home occupation; or b)
products secondarily related to the personal service aspect of the home occupation.
H. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the
required off-street parking for the dwelling.
a. All visitors to the studio shall be instructed to park on applicant's driveway.
I. All visits by clients, customers, and/or employees shall occur between the hours of 8:00
a.m. and 8:00 p.m.
J. The home occupation shall only be allowed as an accessory use to an allowed residential
use.
AUP-15-003 Pat Flaherty
June 11, 2015
Pat Flaherty
Pat Flaherty Drums & Percussions
4097 E. Raja Drive
Meridian, Idaho 83642
RE: Pat Flaherty Drum Lessons (AUP-15-003)
Dear Mr. Flaherty:
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
This letter is to confirm that the Director approved the accessory use permit application for a
home occupation to operate a music studio for teaching lessons out of your home located at
4097 E. Raja Drive.
Your approval of the subject application is conditioned upon ongoing compliance with the
standards for home occupations listed in Unified Development Code (UDC) 11-4-3-21,
including but not limited to, the following:
A. In no way shall the home occupation cause the premises to differ from its residential
character in the appearance, lighting, signs, or in the emission of noise, fumes, odors,
vibrations, or electrical interference.
a. Drums and all instruments shall have mutes to lessen the amount of noise
heard by neighboring properties. All windows and doors on studio shall
remain closed at all times during which musical instruments are being
played.
B. The home occupation shall be conducted entirely in the dwelling, and not more than
twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a
home occupation or for storing goods associated with the home occupation. Materials
may be stored in an attached garage or storage area, provided it shall not reduce the
required off-street parking below the standard established for that district.
C. No activity connected to the home occupation or any storage of goods, materials, or
products connected with a home occupation shall be allowed in any detached accessory
structure.
D. The home occupation shall not have more than two (2) out -going pickups per day from a
common carrier.
Community Development ■ Planning Division o 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
E. The home occupation shall be conducted by the inhabitants of the dwelling, and no more
than one (1) nonresident employee shall be permitted.
F. The home occupation shall not serve as a headquarters or main office where employees
come to the site and are dispatched to other locations.
G. No retail sales shall be permitted from the dwelling except the sale of: a) services or
items produced or fabricated on the premises as a result of the home occupation; or b)
products secondarily related to the personal service aspect of the home occupation.
H. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the
required off-street parking for the dwelling.
a. All visitors to the studio shall be instructed to park on applicant's driveway.
1. All visits by clients, customers, and/or employees shall occur between the hours of 8:00
a.m. and 8:00 p.m.
J. The home occupation shall only be allowed as an accessory use to an allowed residential
use.
The applicant, director, or a party of record may request City Council review of a decision of
the Director. All requests for review shall be filed in writing with the Planning Division on or
before June 26, 2015, within fifteen (15) days after the written decision is issued, and contain
the information listed in Unified Development Code (UDC) 11-5A-7.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web -site at http://www.meridiancity.org/forms.aspx?ekfrm=4010 to fill out a
customer survey and give us feedback on how we are doing.
Sincerely,
Caleb Hood, AICP
Planning Division Manager
CH:cc
Community Development ■ Planning Division ® 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancily.org
June 11, 2015
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Berton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
RE: Notice of approval for the operation of a Home Occupation for an in-home music studio
located at 4097 E Raja Drive - (AUP-15-003)
The Meridian Planning Division has reviewed an application to operate a home occupation for an
in-home music studio located at 4097 E Raja Drive. Based on the review we find that the
application complies with the Unified Development Code (UDC) section 11-4-3-21 and is
available for review at: http://www.sterlingcodifiers.com/codebook/index.php?book id=306.
The applicant, Director, or a party of record may appeal this decision or a condition of approval
by requesting City Council review of this decision within fifteen days after the written decision
is issued. All requests shall be filed in writing with the Planning Department no later than June
26, 2015 and shall comply with the provisions of UDC 11-5A-7. The application for City
Council Review is available on our website at www.merdiancity.org, or upon request from this
office. For additional information about this decision or about your right to appeal, please contact
our office at 208-884-5533.
Sincerely,
Caleb. Hood, AICP
Planning Division Manager
CH:cc
Encl.
Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
�E 11 VE,
,FSR R i,s i A 7 ;
IDTAN - Planning Division
x s 1 a DEVELOPMENT REVIEW APPLICATION
STAFF USE O Y. r n -
Project name; R.d Y a � 3�j i�+ gi
File number(s): 4(JR / c �G
Assigned Planner: - Related files:
Type of Review Requested (check all that apply)
RAccessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ Comprehensive Plan Map Amendment
❑ Short Plat
❑ Comprehensive Plan Text Amendment
❑ Time Extension:
❑ Conditional Use Permit
Director/ Commission/Council (circle one)
❑ Conditional Use Modification
❑ UDC Text Amendment
Director/Commission (circle one)
❑ Vacation:
❑ Development Agreement Modification
Director/ Council (circle one)
❑ Final Plat
❑ Variance
❑ Final Plat Modification
❑ Other
Applicant Information
Applicant name:_ _Pi icr- �(AI(EPIT( Phone: Z08-(p�G'"2ff
Applicant address: a q -7 Email: Aza,MXWd C-ykfoVLieYvyi � �L`� SFr
City: State: ID Zip: aro
Applicant's interest in property: QiOwn ❑ Rent ❑ Optioned ❑ Other
Owner name: QRTRicIG Ft,RtlMl"YpnPhone: Z09 -60.z -2-r/
Owner address: 4 0 Q7 E- � rr� Email:.6
City: M ER(P(A lU State: 0 Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative):
Firm name: Phone:
Owner address:
City:
Primary contact is: �4 Applicant 1A Owner ❑ Agent/Contact
Email:
State: Zip:
Subject Property Information
/
Location/street address: �� t t �`��� U'� (� E'�i�i�'�%' 10 Township, range, section:
Assessor's parcel number(s): � � � S (,(i -j U 3 r�"(j Total acreage: Zoning district:
Community Development c Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orv/olannine
-1- (Rev. 06/12/2014)
Project/subdivision name:(.i;�Lt
General description of proposed project/request: M (iG (C_�—
Proposed zoning district(s): _
Acres of each zone proposed:
'type of use proposed (check all that apply):
❑ Residential M Office El Commercial'0 Employment El Industrial KOther 1A OPC- Ct,-SS rAJ,�--
Who will own & maintain the pressurized irrigation system in this development? r
Which irrigation district does this property lie within? /V /"] E I �
r �.
Primary irrigation source: i%kI k"`i/ n" Secondary: EX ikn
Square footage of landscaped areas to be irrigated (ifprimary or secondary point ofconnection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC I1 -IA -1):
4 or more bedrooms:
Maximum building height: _
Average property size (s.f):
Net density (Per UDC f t -IA -1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11-36-313):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: _
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Common lots: __.. Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Print applicant name: t ft i ISIt%F Y LYt ft>=-Y� 1 y
Applicant signature: "'--- Date:
Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/nlannine
-2- (Ret. 0611212014)
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2
BOISE IDAHO 12/11/09 11:05 AM
RDEPUTY VIW Allen
ECORDED CREQUESTOP
John Flaherty Const. 109137957
AFTER RECORDING MAIL TO: '>
Mr. & Mrs. Patrick Flaherty
9969 W. Targee
:Boise, Idaho 83709
i.
.CORPORATE WARRANTY DEED
r'
For Value Received,.Stacy Construction, Inc., a corporation do[ y'organized and existing under the laws
of the State of Idaho, Grantor, does hereby grant, bargain, ,sell and convey unto Patrick James
Flaherty and Janet Kaye Atkinson, husband and wife, Grantee, whose address is 9969 W.
Targee, Boise, Idaho 63709, the following described real estate, to wit:
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows:
Lot 21 in Block 18 of Sutherland Farm Subdivision No, 6, according to the plat thereof, filed
in book 95 of plats at pages 11627 and 11628, records of Ada County, Idaho:
APN:R8230070320 '
SUBJECT TO current years taxes, irrigation district assessments, public utility easements, subdivision and
U.S. patent reservations.
TO HAVE AND' TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the
Grantee's heirs and assigns forever. And the said Giantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances, and that Grantor will warrant and defend the same from all claims whatsoever..
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its
corp rate name to b hereunto subscribed by its this
�Jday of � 200
Page I of 2
Warranty Deed
- continued
STATE OF Idaho )
ss.
COUNTY OF Ada )
On this 9th day of December, 2009 , before me, a Notary Public in and for said State, personally
appeared Wayne Stacy, known or identified to me to be the President of the corporation that
executed the within 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 in this
certificate first above written.
Notary blic.for the State of Idaho
FATTY I. CHUPP Residing at: Boise, ID
NOTARY PUBLIC My Commission Expires: 5/8/2010
STATE OF IDAHO
My Commission Expires 5.6-2010.
Page 2 of 2
MIN: 1002718-5679030009-4
NOTE
June 23, 2010 BOISE
Idaho
tDatel Ieayl
[Slate)
4097 E. RAJA DRIVE
MERIDIAN, ID 83642
[Propcm.Addross)
1. BORRONVER'S PROMISE TO PAY
In return for a loan that l have received, I promise to pay U.S. $215,644.00 (this amount is called "Principal"), plus
interest, to the order of the Lender. The Lender is MOUNTAIN WEST BANK, Corporation
I will make all payments under this Note in the form of cash, check. or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the fill amount of Principal has been paid. I will pay interest at a yearly
rate of 4.7500%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMLNTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the let day of each month beginning on August 01, 2010 . I will
make these payments every mouth until I have paid all of the principal and interest and any other charges described below that
I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on July 01, 2040 , I still owe amounts under this Noce, I will pay those amounts in full on that
date, which is called the "lvtaturity Date."
I will snake my monthly payments at MOUNTAIN WEST BANK, PO BOX 1059, COEUR WALENE, ID
83816-1059
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,124.90
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under Che Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments Co reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment
to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount
of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment
unless the Note Holder agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE—Sias*le PmnHy—Fannie MneflFreddie Mnc UNR>oRM INSTRUMENT Form 32001/01
MULTISTATE
f d J)
Greal
ITEM nGa6U tGSieGBj (Pete tot J1
09160000043470 0181806606
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from
me which exceeded permitted limits will be refunded to me.. The Note Holder may choose to snake this refund by reducing the
Principal I owe under this Nnote or by making a direct payment to me. If a refund reduces Principal, the i oduction will be treated
as a partial Prepayment.
6. BORROWER'S FAILURE TO PAX AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder Inas not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to tate Note holder. The amount of the charge will be 5.0000 % of my overdue
payment of principal and interest. I will pay this late charge promptly but only once on each late Payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date oil which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the \Tote Holder does not require me to pay immediately in full as described above,
flit Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holier will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8, OBLIGATIONS OF PERSONS UNDER TRIS NOTE
If more than one person signs this Note, each person is filly and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do'these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Tile Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of as may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Molder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
MULTISTATE FIXED RATE NO'FC --Single Family—Fnnnle M.dF, eddie Nine UNIFORM tNSCRUMENT Form 32001101
MULTISTATE Groatnas-
Inik41,6461-2 (0.41904) (8180 6 of a)
0181806606
08160000043470
this Note, protects die Note Holder frmn possible losses which might result if I do not keep the promises which I make in this
Note. That Security histrument describes how and under what conditions I may be required to make immediate payment in Rill
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transfened) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. however, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acoelcration. The notice shall provide a period
of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay
all sums secured by this Security hnstrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
Borrower has executed and acknowledges receipt of pages I llvough 3 of this Note.
WITNESS THE HANI)(S) AND SEAL(S) OF -n-W UNDERSIGNED.
(Seal)
PATRICK J FLAHERTY-80rr6war JANETIIUATKINSON Borrower
(Seal) (Seal)
-Borrowor -Borrower
(Seal) .- (Seal)
-Borrower -Burrower
PAYABLE WITHOUT RECOURSE TO THE ORDER OF WELLS EARGO BANK, N.A. [Sign Original Only]
MOUNTAIN WEST BANK, CORPORATION
MORGAN, AVP LOAN
MULTIS'PATE FIXED RATE NOTE8ing1c, Family—Fannie Macirrc Idle Nfac UNIFORM 1Ns'fRU\1rN'I'
MULTISTATE
ITEM 1646L3(0819091
08160000043470
Fon. 3300 1101
Grealexs"
(Pzgn JW:)
0181806606
ADA COUNTY RECORDS AVID NAVARRO AMOUNT 48.00 16
90ISE IDAHO 06126110 04, d PM
DEPUTY Vicki Allen j tI g
REGORDED—REQUEST OF III IIIICII9IIIIIII��II�IIIIII� III fII
Pioneer 110059234
After Recording Return To:
MOUNTAIN WEST BANK
PO BOX 1059
COEUR D'ALENE, ID 8 381 6-1 05 9
/ �5 Sin lP.P (Space A6oveTlus Line Por Recvrdin-Dahl
DEED OF TRUST
NTIN:1002718-5679030009-4
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 13, 20
and 21, Certainrules regarding the usage of words used in this document are also provided in Section 16,
(A) "Security Instrument" means this document, which is dated June 23, 2010 , together with all Riders to
this document.
(B) "Borrower" is PATRICK J FLAHERTY and JANET K ATKINSON HUSBAND AND WIFE
Borrower is the mister under this Security Instrument
(C) "Lender" is MOUNTAIN WEST BANK
Lender is a Corporation organized and existing under
the laws of IDAHO , Lender's address is
PO BOX 1059, COEUR D'ALENE, ID 83816-1059
(D) "Trustee" is Pioneer Title Company OF ADA COUNTY
(E) "ME12S" is Mortgage Electronic Registration Systems, Inc. MBRS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns, NIERS is the beneficiary under this Security Instrument. IvIERS
IDAHO—Single Family—Pannle MaJFraddle Mac UNWORIM INSTRUMENT Foran 3013 1/01 (,, 7/0e)
IDAHO-MERS G"c.tDors'
REN 964014 (062909) (P.9c 10/ 13"
08760000043470 0131606606
is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, hfi
48501-2026, tel. (888) 679 -TIERS.
(F) "Note" means the promissory note signed by Borrower and dated June 23, 2010 .The Note states that
Borrower owes Lender Two Hundred Fifteen Thousand Six Hundred Forty Four and no1100
Dollars (U.S. $215,644.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
July 01, 2040
(G) "Property" means the property that is described below under the heading "Transfer of Rights m the Property,"
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepaymeut charges and late charges due under the Note,
and all sums due under this Security Instrument, plus interest.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders arc to be
executed by Borrower [check box as applicable):
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑X Planned Unit Development Rider ❑ VA Rider
0 1.4 Family Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify)
O "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non•appealable judicial opinions.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
imposed on Borrower or the Property by a condominium association, homeowners association or similar o ganixation.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as
to order, instruct, or authorize a fmancial institution to debit or credit an account. Such term includes, but is not limited to,
point -of -safe transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(lVi) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section S) for: (1) damage to, or destruction of,
the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan,
(P) "Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 ct seq.) and its implementing regulation,
Regulation X (24 C.P.R. Part 3500), as they might be amended front time to time, or any additional or suocassor legislation of
regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
InAMO—Single Family --Fannin ,YLte,Treddie Mac ONIFORtvt INSTRUMENT T Fonn 3013 11DI (rev. 7,08)
IGAHOddERS Greate
ITEIA 9646t2 (062909) (✓'aga 2 of ra)
08160000043470 0181006606
restrictions- that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
related mortgage loan" under RESPA.
(I2) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether of not that parry has
assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrumenr is MFRS (solely as nominee for Lender and Lender's successors and assigns)
and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan,
and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys
to Trustee, in trust, with power of sale, the following described property located in the County of
Ada [type of Recording Jurisdiction)
[Name of Recording Jurisdiction]
LOT 21 IN BLOCK 18 OF SUTHERLAND FARM SUBDIVISION NO. 6, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 95 OF PLATS AT PAGES 11627 AND 11628, RECORDS OF ADA COUNTY, IDAHO,
which currently has the address of 4097 E- RAJA DRIVE
[Street)
MERIDIAN , Idaho 83642 ("Property Address"):
[City) [zip code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS
holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law
or custom, MERS (as mmminee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those
interests, including, but not limited to, the right to foreclose and sell the Propetty; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COyBNANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a Uniform security htstniment covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal, Iaterest, Lscrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of and interest on, the debt evidenced by the Note and any prepayment charges and late charges due
tinder the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment
I11r1HO--Single Family—Fannie Nlec/Preddic Mae UNIFORM INSTRUMENT Form 3013 1101 (rev. 7101)
IOAHPMBRS cream s"
ITEM 964815 (062905) - (Pupo B et fJj
08160000043470 0101606606
under the Note of this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Sorority Instrument be made in one or more of the following forms, as scicc(ed by Lender: (•r.) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity; of (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as
may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial
payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments arc
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so
within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such
funds will be applied to the outstanding principal balance under the Note. immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making payments clue under the
Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument,
2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and
applied by Lender shall be applied in the following order of priority: (a) interest duo under the Note; (b) principal due under
the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it
became due. Any remaining alnotmts shall be applied first to late charges, second to any other amounts due tinder this Security
Instrument, and than to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic
Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the
full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under The Note,
until the Note is paid in full, a sum (the "Funds') to provide to) payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien of encumbrant on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5;
and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 30. These items are called "Escrow Items." At origination
or at any time during the term of the Loan, Lender may require (hat Community Association Dues, Fees, and Assessments, if
any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish
to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender (he Funds for Escrow Items unless
Lender. waives Borrower's obligation to pay. the Funds. for. any or all Escrow Items. Lender May waive Borrower's ob_ligation_.
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such
time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes
be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then
be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items
at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shad) pay to Lender all Funds,
and in such amounts, that are then required wider this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the
time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall
estimate the amount of Funds due my the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
IDARO—Single Family --Fannie Ma./Fraddle Mac ONIFORIVI INs'rROMENT Form 3013 1101 (rev. 7i09)
IDAHO-hiERS GrealOocs^
nEA19648L4(062909)
08160000043470 0181806606
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply file
Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding
and applying the Funds, annually analyzing the escrow account, or verifying file Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law, permits Lender to make such a charge, winless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
Borrower, without charge, an aminal accounting of the Funds as required by RESPA.,
If there is a surplus of Funds held in escrow, as defined under RESPA, Lander shall account to Borrower for the oxcoss
funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lanier shall notify
Borrower as required by RF,SPA, and Borrower shall pay to Lender the amount necessary to make up the shortage, in accordance
with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of alf slims secured by this Security instrument, Lender shall promptly refund to Borrower any Funds
held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, anti
Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Burrower shall promptly discharge any lien which has priority over this Security hnstrmnent unless But (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is
Performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until
such proceedings are concluded; or (c) secures from the holder of the lion an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. within 10 days of the date on which that
notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to;
earthquakes and floods, for which Lender requires insurance, This insurance shall be maintained in the amounts (including
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay,
in connection with this Loan, either: (a) a one-time cbarge for flood zone determination, certification and tracking services; or
(b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings m
similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for
the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood
zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's
option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,
such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents
of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect.
Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the More rate from the data of disbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove.
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
IDAno--Single Family—Fannie Mne/Freddie N7nc UNIFORM INSTRUNDiNT Furor 3013 1101 (rev. 7105)
roano.Meas crozrocIe
ITEM Wks (062909) 01 81 80 6 6 06
06560000043470
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of the Property, such policy shall include a standard mortgage clause mid shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or
not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the reiteration
or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall
have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lendershallnot be
required to pay, Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair
is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the slums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be
applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim avid related matters.
If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,
then Lender may negotiate and settle the, claim. The 30 -day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower`s rights to any
insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security hnstr ment, and (b) any other
of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Properly, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or
not then due.
6. Occupancy. Borrower shall occupy, establish, rand use the Property as Borrower's principal residence within 60 days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due
to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower
shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds
we paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the
Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in
a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender
may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such
an interior inspection specifying such reasonable cause.
S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any
persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,
or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the
Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property
as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's interest Pn the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may, do and pay t"or
IDAHO—Siegio Family—Fannie Mac/Freddie Mac UNIFORM (INSTRUMENT Form 3013 IRI l (rev. 7108)
MAHO.AIaHS croetW l
;TEM 96481.6 (062909) (A6ge 6 o(13)
08160000043470 0181806606
whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property, Lender's actions
can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security instrument;
(b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding, Securing the Property includes, but is not limited
to, entering the Property to make repairs, change looks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender
incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by ibis Security
Instrument. These amounts shall boar interest at the Note rate from the date of disbursement and shall be payable, with such
interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Bor.ower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverago
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower
was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such
loss reserve shall be non-refundabie, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law, Nothing in this Section 1p affects Borrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower
does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on at! such insurance in force from time to time, and may enter into agreements
with other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are
satisfactory to the mortgage insurer and the other patty (or parties) to these agreement's. These agreements may require the
mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any
affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a
portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or
reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan, Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has—if any—with respect to the NIortgage Insurance
under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of i ay Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
IDAHO—Singlc Family—Fanale Mae(Freddie Mae UNIFORM tNS1RUTMENT Fnnn 3013 1(01 (rev. 7108)
IOAMO-MEae Grea1D='
IT"cAI W80(082909) (pa ii70r1Y)
08i60000043470 0181806606
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Prnperty, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.
Unless an agreement is made in smiting or Applicable Law requires interest to be paid on such Miscellaneous Procccds, Lender
shall not be required to pay Borrower any interest or earnings on such Misccllancous Proceeds. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds
shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Misccllancous Proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums scoured
by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,
or loss in value. Any balance shall be paid to Borrower.
in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Tender to Borrower that the Opposing Party (as defined
in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days
after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the
third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property
or other material impairment of Lender's interest in the Property or rights under this Security Hnstrument. The proceeds of any
award or claim for damages (list are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be, applied in the order provided
for in Section 2.
I2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to Borrower o, any Successor in Interest of
Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time toy payment or
otherwise modify amortization of the suns secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in hiterest of Borrower or in
amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall bejoint and several. However, any Borrower who co-signs this Security Instrument
but does not execute the Mote (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
TDAHO---Single Family --Fannie hlae/Preddte. Mac UNIFORM INSTRUMENT Form 301.3 1101 (rev. 7108)
G,.Ve -
IOAHO-IAERS (Pago 8 of r$)
ITEM 9646L6 (062909) 0181806606
08160000043470
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear m
make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes list rower's obligations under
this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this
Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in wvrithrg. The covenants and agreements of this Security Instrument shall 'bind (except as
provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for
the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited
to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this
Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such foe.
Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, 'then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums. already
collected from Borrower -which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund
by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,
the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower wi 11 constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Itsuvment must be, in writing. Any
notice to Borrower in connection with this Security Instrument shall be deemed to have been given to 1'301TOwer when mailed by
first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be, the Properly
Address unless Borrower has desia Tated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender
of Borrower's change of address. If Lender specifies a procedure for repotting Bonower's change of address, than Borrower
shall only report a change of address through that specified procedure. There may be, only one designated notice address under
this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Airy notioc in connection
with this Security, hnstmment shall not be deemed to have been given to Lender until actually received by Lender. If any notice
required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security histrtiment.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law
and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument
are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be constived as a prohibition against agreement
by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,
such conflict shall not affect other provisions of this Security Instrument or the Nate which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words
or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word
"may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18, "Interest in the Property"
means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a
bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of
not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums
IDAHO—Single Family—Ginnie NlaefFreddle Mac UNIFORM INSTRUMENT Form 3013 110I (rev. 7108)
IDAHO-MERS fpago 9a *)
ITEM 96481-9 (062909) 0181 80 660 6
08160000043470
secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. IP Borrower meets certain conditions, Bomowcr shall have the
right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale
of the Property pursuant to any power of sale contained in this Security instrument; (b) such other period as Applicable Law
might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security btshument.
Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instilment and
the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
and rights under this Security Instrument, and Borrower's obligation to pay the sinus secured by this Security Instrument,
shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) cerfifted check, bank check, treasurer's check or cashier's
chock, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, instrmnentality
or entity; or (d) Electronic Funds Trausfar. Upon reinstatement by Borrower, this Security Instrnnont and obligations secured
hereby shall remain nilly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case
of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. Tire Note or a partial interest in the Note (together
with this Security Instrument) can be sold one or more tithes without prior notice to Borrower. A sale; might result in a change
in the entity ('known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of (lie Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a notice of transfer
of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,
the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan
Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or bejoined to anyjudicial action (as either an individual litigant or
the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that tlne other
party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has
notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law
provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and
the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take
corrective action provisions of this Section 20.
21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
other flammable or toxicpeh'oleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Lau; and (d) an "Environmental Condition" means a
condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten
to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or
(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of
the. Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities
of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).
IDdP[O� Ingle Family—Panicle Mae(Freddic Mac tINIFORNI INSTRUil4ENT Form 3013 1.101 (ier. 7108)
InNHe•MERa
ITEM 96E8L10 (662909) 0181 10080860066
08160000043470 0181
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Flazardous Substance or Environmental Law
of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
discharge, release or threat of release of any Razardous Substance, and (c) any condition caused by the presence, use or release of
a Hazardous Substance which adversely affects the value of the Property. If Borrower loarns, or is noti fled by any govcmmental
or regulatory authority, or any private patty, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
Nothing heroin shall create any obligation on Lender for an Enviromnental Cleanup.
NON-irNTFO1W COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Sectio❑ 18 unless
Applicable Law provides otherwise). The notice shall specify; (a) the default; (b) the action required to etre the default;
(c) a date, not less than 30 days from the date the notice is given to Doi -rower, by which the dafauh must be cured; and
(d) that failure to cure the default on or before the date spceiffed in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the fight to
reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other
defense of Borrower to acceleration and sate, If the default Is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may involve thepower of sale and any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited
to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occurrence
of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded
in each county in which any part of the Property is located. Trustee shall mail copies of the notice as prescribed by
Applicable Law to Borrower and to other persons prescribed by Applicable Law. Trustee shall give public notice of sale
to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee,
without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and
under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
scheduled sale. Leader or Its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,
expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sate in the following order; (a) to all expenses of the sale, including, but
not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
to reconvcy the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
hnsnvment to Trustee. "Trustee shall reconvcy the Property without warranty to the person or persons legally entitled to it. Such
person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property,
but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted
under Applicable Law.
24. Substitute Trustee, Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor
trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the
title, power and duties conferred upon Trustee herein and by Applicable Law.
25. Area and Location of Property. The Property is (a) located within an incorporated city or village; (b) not more than
80 acres, regardless of its location, provided it is notprincipally used for the agricultural production of crops, livestock, dairy or
aquatic goods; or (c) not more than 40 acres, regardless of its use or location.
UNDER IDAHO LAW, ANY PROMISE BY THE BANK TO GRANT OR EXTEND EXISTING CREDIT TO YOU
MUST BE IN WRITING TO BE LEGALLY BINDING UPON THE BANK IF THE ORIGINAL AMOUNT OF SUCH
CREDIT IS $50,000 OR MORE,
IDAHO—Single Family—Fannie 1`dae7Freddte Mac UNIFORM INSTRUMENT Form 3013 ENI (rev. 7108)
JDAHP[sERS GreatOccs°
ftEM 9648W (062909) fp a 1r or *)
08160000043470 0101806606
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 13 of this
Security strument and in any Rider executed by Borrower and recorded with it.
����"
PATR CK J FLA 'RTY Borcowe* JMrB-il { AVINtON n awcr
(Seal)
-Borrowcy
(Seal)
-Bormwer
IDAHO—Single Family—Fannie Mae/Freddle NIae UNIFORM INSTRUMENT Form 3013 1701 (rev. 7/08)
IDAHO -MEAS Gre.mOx
TEM 96OM (062905) (Page iZ M 1J)
00160000043470 0181806606
State of Idaho
On this A4%4 day of
PATRICK J FLAHERTY, JANET K ATKINSON
known or identified to me (or proved tome on the oath of
Aa4 County as:
in the year of 4014 , before me, '�4ZA Eooue'w—!
, Notary Public, personally appeared
to be the person(s) whose name(s) is/are subscribed to the within instrument, and a knowledged to me that he/she/they executed
the same.
Cod,
�•`�"'T ,,!' i 4y £ l �ry„i Nutary PUUlic
x'O
Ar
Ar�mG e My commission expires; /
.fir' i7 as
Bt,
....
IDAHO—Single Family—Fannie hiae/Freddic ivfac U\IFORT�l iNSTRUivfENT
4IDAHO-MERS
ITEM MOM (062909)
00160000043470
Form 3013 1/01 (rev. 7/M
ereatDo
6;aoa f9 of M
871806606
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
Q I 1 rE. CA�-A h?,
E P'' �' fq/U (name) 1 1 P6 40 (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
6YI1
That I am the record owner of the property described on the attached, and I grant my
permission to:
rig-.Iu /
(name) (address6 '
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this %�/ day of P �I `! hl d , 20
(Signature)
to before me the day and year first above written.
(Notary Public for
Residing at: i `C1 CY(C. d t GELt
My Commission Expires:
Community Development w Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ora/Manning
Welcome and Thank You for coming to my studio tonight, Thursday, March
26111, 2015 from 5 PM to 6 PM. My name is Pat Flaherty and my wife's is Janet
Atkinson.
I would like to start with just a bit of history. I started teaching in the Boise
Valley in 1972 and opened my lesson studio in 1980 after graduate school. It
used to be on Five Mile Road.
Before we purchased this lot in this subdivision in December 2009, we applied
to operate my drum lesson business in the RV garage of our home. We talked
with all the neighbors and/or builders and received signatures of approval by
all neighbors within 100 feet (some of you) as well as the neighborhood
association. We then designed and built this house to retire in and so I could
teach lessons here. We moved in June of 2010 and I have now been teaching
here for almost 5 years. Teaching became more important after I retired from
the Army National Guard about a year ago.
I recently found out I need a permit from the City of Meridian to operate my
business out of my home. The purpose of this information meeting tonight is to
provide those living within 100 feet with information about the studio and how
I operate my drum lesson studio. The meeting is part of my application to the
City of Meridian for an Accessory Use Permit to teach lessons out of the RV
garage of our home here at 4097 E Raja Dr. There is a set of criteria that must be
met and one of them is this information meeting.
Please sign by your name on the neighbor list provided to me by the Meridian
City staff. This only shows you attended this information meeting. If you are
not listed, please print your name in a blank and sign to the right.
I am more than happy to answer any questions you have about the business. I
have samples of my Studio Policy sheet that all parents and students read at the
first lesson and my weekly student lesson schedule for you to review.
Thank you again for taking time to attend tonight. I really appreciate it.
Vicinity Map 0 0.015 1 0.0Miles
Print Date: 3/16/2015
Gmail - Re: https://mail.google.com/mail/?u!=Z&ik=bblb5att399&...
Janet Atkinson <jkatk[nson1@gmail.conD
Re:
4 messages \
Pat Flaherty <patflahertydrums@gma[LconD Fri, Dec 4, 2009 at 8:35 AM
To: John FLaherly <John@jfcinfo.com>
Cc: Janet Atkinson <jkatkinsonl@gmaiLcom>
John,
Here is a letter. If you think it needs to be revised, please do so. Send a copy to both Pat and I. In fact, please always copy us both on correspondence
regarding the house!!! it is just easier on all of us to make sure we are all seeing things together.
On the final settlement statement, It looks fine. I hope someone can confirm the conect lot for us.
Janet
On Wed, Dec 2, 2009 at 4:32 PM, John FLaherly <Johnr!fcinfo com> wrote:
Pat
Darline said you need to compose a letter to ask for a variance from the Association.
The letter needs to have the following:
1. lot & block
2. street address
3. what days and what time of day you will be giving lessons
4. what you will be teaching
5. how many students you teach at one time
8. that you will not have recitals at your studio with large groups
7.
Pat Flaherty
Pat Flahert!?s Drums & Percussion
2325 South Five Mile, Boise, ID 83709
208-322-7219
j Southeriantl_Home_Owners_Assoc_Lettef_for_Lessons[9].doc
58K
Janet <jkatkinscm1@gmeil.corro
To: Patrick J Flaherty <pat6ckfiaherty2001@yahoo.com>
Forgot to copy you.
Sent from my iPhone
Begin forwarded message:
From Pat Flaherty <patr ahertydrums^a._gmaiLcom>
Date: December 4, 2009 8:35:45 AM MST
To: John FLaherly <John(v)!fcinfo_con-i>
Cc: Janet Atkinson <>
Subject: Re:
[Quoted text hidden]
Southeriantl Home Owners_Assoc_Letter_for_Lessons[1j.doe
58K
Fri, Dec 4, 2009 at 9:10 AM
1 of 2 1/74/?nln 4•aa OM
:;pat
DI
�4
9969 W. Targee St.
Boise, ID 83709
322-7419
10
.� k o°��
V3YIB 8cPERCVBBION � � I � ��
V
Dear Southerland Subdivision Neighborhood Association,
This letter is to request your approval of the teaching of music lessons in the Southerland
Subdivision on 4097 E Raja Dr (Lot 21, Block 18 Southerland Farm #6). This is lot we are
intending to purchase and will have a home build including an RV garage where I can store
my musical instruments and would like to teach some music lessons.
I would love to settle in this subdivision because of its family setting and still be able to share
my artistic skills on a limited basis. Music lessons are not my primary income, more of an
avocation. I work full time with the Idaho Army National Guard at Gowen Field and am in a
National Guard unit which meets primarily on the weekends. My wife also works full time.
I have been a professional musician in the Boise Valley for thirty years. My credentials
include a Bachelor of Music Education Degree with a State Music Teaching Certification and
a Master of Music. Since 1980 1 have taught music lessons to students of all ages and
abilities. As a teacher I have been on the faculty of the College of Idaho and Northwest
Nazarene University as well as a part of the music staff of numerous public school music
programs through out the Western United States. I have operated a teaching studio
mentoring students in the basic music and percussion skills to become a musician. The
instruments include piano, xylophone, marimba, vibes, drums, timpani and all other
percussion instruments.
I would like to point out that the instruments are played acoustically without amplification. So
the sound is not that of a garage rock band. Also, students are in lessons for a variety of
instruments such as the marimba.
My intention in living in the Southerland Subdivision is to continue sharing my musical
expertise as a professional musician with some private individual music lessons. This would
be two to three evenings a week and a couple hours usually between 5 and 8 PM per
evening. The number of students would be from 1 to a max of 4. 1 have never done recitals
with my students except at a local college or high school to use the auditorium settings.
Please consider approval of this request for my wife and me as we have looked throughout
the valley and highly favor the family atmosphere and friendliness of all the neighbors.
Respectfully yours,
Patrick Flaherty & Janet Atkinson
G
John
Elver
Construction
John M. Flaherty General Contractor
Office: (208) 345-5588
1850 N Lakes Place Cell: (208) 866-5121
Meridian ID 83642 Fax: (208) 345-5599
Dear Homeowner & Lot Owners December 10, 2009 I j
My name is John Flaherty with John FIaherty Construction, and I am seeking permissio'nil
and a signature of approval from the neighbors around a home I would like to build at 40?7 E
Raja for my brother Pat, who will teach `private" evening music lessons in the RV garage
that will be attached to the single level home I am about to build for him and his wife Janet.
This RV garage will be completely insulated, sheet rocked and painted, for maximum sound
Proofing.
Please read the attached letter for a further explanation
ADDRESS: HOMEOWNERS NAME: SIGNATURE: i
4080 E. RAJA DR VACANT HOME(REO)--
4116 E RAJA DR SHADOW MOUNTAIN CONST.
• . �• ; �• ; • i1 v
2614 S HILLS PL PRESTIGE HOMES
2630 S HILLS PL. MR & MRS EMERY
—2662 S. HILLS PL. MR & MRS S#OLLER
2680 S. HILLS PL. SCHROEDER CONSTRUCTION
12/24/2009 15:17 FAX 2083446883 �r PRESTIGE HOMES ����~-���� 0001 V�
OEC-15-2099(TUE) 17!2B JOHN FLHHERT9 CONSTRUCTION (FRX)E089455599 P.001/002
John
Mah
Construction
John M. Plahcrty + General Contractor
Office; (208) 345-558S
1850 N Lakes Place Cell: (208) 866-5121
Meridian ID 83642 Fax: (208).34S-5599
Dear Homeownor & Lot Owners
December 10, 2009
My name is John Flaherty with John Flaherty Construction, and I am seeking permission
and a signature of approval from the neighbors around a homc I would like to build at 4097 E
Raja for my brother Pat, who will teach "private" evening music lessons in the RV garage
that will be attached to the Single level Dome 1 am about to build for him and hos wife Janet..
This RV garage will be completely insularcd, sbeet rocked and painted, for maximum sound
proofing.
Please read the attached letter for a Further explanation
ADDRESS: HOMEOWMRS NAME: SIGNATURE:
4080 L'. RATA DR VACANT HOME (REO)
4116 E RAJA DR SHADOW MOUNTAIN CONST.
4135 E. RAJA DR 1VR2. & MRS ERUNS
26I4 S IULLS PL PRESTIGE jj0 ES
2630 S to Ii LS PL. MR & MRS EMERY
2662 S. E MLS PL. MR & MRS STROLLER
2680 S. HILLS PL. SCIIROEDER CONSTRUCTION
f �Sc,rt i� /�/�
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Buyer's Final Setdrmuat Staament
Property: 4097 FRaja Dr, (Lot 21 Rik l S Sutherland Farm&6), File No: 4101-1497045
Meridian, ID 53642 Officer. Party Chopp/PC
New Loan No:
Settlemeut Date: 11/11/2009
Disbursement Date: 1143/2009
Print Dale 11/11/2009,11:24 AM
Buyer: Stacy Construction Inc.
Address: 13923 W. Waim9rigbt Dr., Boisc, ID 53713
Seller, Great Sky Inc.
Address: PO Box 1979, San Metco CA 94401
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Page I of 1
RECORDING REQUESTED BY
Pioneer Lender Trustee Services
AND WHEN RECORDED MAIL TO:
Pioneer Lender Trustee Services
8151 W. Rifleman St.
Boise, ID 83704
Ref: 110017842
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 10.00
BOISE IDAHO 09/21/10 03:59 PM
DEPUTY Vicki Allen �II I'�I'II'II'I'�I�III'II'I'I'll'�'II
RECORDED -REQUEST OF
Pioneer 110088108
DEED OF RECONVEYANCE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WHEREAS, Pioneer Title Company of Ada County, is the present Trustee of record under the following described Deed
of Trust:
Trustor: Patrick ,Tames Flaherty and Janet Kaye Atkinson
Beneficiary: Mountain West Bank
Dated: 02/25/10, Recorded: 02/26/10, Book/Reel/Liber: N/A, Page/Folio: N/A as Instrument No.: 110017842 in the
County of Ada, State of Idaho
Property Address: 4097 E. Raja Dr., Meridian, Idaho 83642
AND WHEREAS, the above said Deed of Trust has been paid in full;
NOW THEREFORE, the present Trustee having received from the present owner of the beneficial interest under said
Deed of Trust and the obligations secured thereby a written request to reconvey by reason of the obligations secured by
said Deed of Trust, DOES HEREBY RECONVEY, without warranty, to the person or persons legally entitled thereto, the
estate, title and interest now held by it under said Deed of Trust and the describing the land therein as more fully described
in said Deed of Trust
Pioneer Titl7-
R
mpany of Ada County, by Pioneer Lender Trustee Services, as its Authorized Agent
On 09YoDW.
Al
By:
Jantzen, Vice President
State of Idaho } ss.
County of Ada }
On 09/21/10 before me, Cathy LR Luckinbill, a Notary Public in and for Ada County in the State of Idaho, personally appeared
Ronald W. Jantzen, Vice President/Trustee Manager, personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed this instrument.
WITNESS my hand and official seal.
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Gmail - FW: Variance approval
httPs:Hmail.google.com/mail/?ui=2&ik=66lb5at899&...
Janet Atkinson <jkatkinsonl@gmaiLcom>
FW: Variance approval
1 message
John Flaherty<John@jfcinfo.corm Thu, Jan 21, 2010 at 2:07 PM
To: Pat Flaherty <paMaherlydrums@gmail.com>, Janet <jkatkinsonl@gmail.com>
--Original Massage --
From: Dadene Wheeler[mailto:d2rierre�o.Darhi�elNheeler.ccmj
Sent: Thursday, January 21, 2010 2:01 PM
To: John Flaherty
Subject: Variance approval
John,
Let me know if I missed something.
Darlene
Variance approvai.pdf
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Jan 21 So 02i38p
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TO: Pat Flaherty and Janet Atkinson welcome...
DATE: 1-20-10 home
FROM: SUTHERLAND FARM Subdivision N
Architectural Control Committee
RE: Lot 21 Block 18 Phase 6 l
Dear Pat Flaherty and Janet Atkinson
This letter is in response to your request for a variance which is attached.
Thefollowing is from the CC&R's for SUTHERLAND FARM Subdivision
CC&R's SECTION IU.gb. Variances. The ACC may authorize variances line compliance with the requirements of any con-
ditions kind restrictions contained in this Masicr Declaration, the ACC Ruics/ACC Standards, or any prior approval, when, in the sol:
dl\a'IYaltfa Ul'd1L' A(%(y e11Cpu1gL'Inee$ sacll hR lopltgglpity, n\\lural OIfsLRtetlunv, nl'S1hL'IIC%, CnVlnlnmpnhal cnn5lllernlintp, In' ilardsltlp
may so require. Such variancc,%must be evidenced in a writing signed by at loM two (2) Members orthe ACC_
Ifo vuriunu: is gnmted as provi(led herein, no violuhon of this Musicr Dechendioa, the ACC Rulcs/ACC Slundurds, or prior up-
provil slmll he deemed to have occurred with respect to the matter lar whtch the vat iancc was granted. The granting of such a vori-
mrce shall est npcmtc to waive any of the terms and provisions of this Master Declaration or the ACC Rulcs/ACC Standard& for any
purpose mm�lmit us to the particulm subject maltcr Ortho variancc thercot and the specific Lot covered thereby.
The ACC shall have the right to consider and grant a variance as Itercin pnwided either with or without notice to other Owners
or n hearing of Owners thereon.
The granting of a varianco by the A(A: pursuant to this Section shall not relieve the owner from the obligation to Iblly comply
with the ordinances of the Citv ofMcridian, Idaho, applicable to the grope ty.
Pat Flaherty is granted a variance to teach private music lessons subject to the following:
1) There are to be no signs -
2) There are to be no recitals on the premises,
3) All classes are to be finished by 8 pm.
4) Group classes are to be no more than 4 students.
5) Vehicles are paric in driveway and not to interfere vvith the surrounding neighbors including mail
delivery.
When a variance is granted, it is non -transferable to another person or another lot. The
ACC reserves the right to rescind said var' t e AC re omplaints directly re-
lated to the variance.
Dace _> ACC Member
/J /'C,
Date a '�O ACC
me
%„� a(' = _ tl=-
If you have any questions or concerns, feel free to call me.
Sincerely,
Darlene Wheeler 602-6356
Sutherland Farm Subdivision ACC Representative
(�E IDIAN�-- CITY OF MERIDIAN
IDAHO CERTIFICATE OF OCCUPANCY
Applicant: John Flaherty Construction
345/5588
Contractor: John Flaherty Construction
1850 N Lakes PI
Meridian ID 83646
Phone:345/5588 Fax: 345-5599
ProlDesc:
Purpose: New
StructUse: Residential
Job Value: $333,330.00
Occupancy Classification:
Construction Type:
Parcel Number: R8230070320
Address: 4097 Raja Dr. E.
Subdivision: Sutherland Farm#6
Lot(s) 21 Block 18
Structure Area: 2,885.00
Bsmt/Stor:
Garage: 1,692.00
Covered Patio: 33.00
Occupant Load:
Automatic Fire Sprinklers:
Code (2006 - IBC/IRC/IFC/IECC) (2003 - IMC,IFGC) (2003 - UPC) and (2008 - NEC)
OCCUPANCY REQUIREMENTS
Certificates ofoccupancymustbe posted in a conspicuous
place when the occupancy of the structure is other than
residential.
Deviation from the approved occupancy for which this
certificate has been issued is unlawful. .
The issuance of a Certificate of Occupancy shall not be
construed as an approval of a violation of the provisions
of the Meridian City Building and Fire Codes or of oth¢
ordinances of this jurisdiction. ��
APPLICABLE APPROVAL
(j — /(D /c7
As the Building Official for the
City of Meridian,
I hereby certify that all required
%nal inspections have been completed.
Building Department
March 19, 2015
Mr. & Mrs. James Johansen
2614 S Hillis Place
Meridian, ID 83642
Dear Mr. & Mrs. Johansen,
I would like to invite you to a neighborhood meeting concerning an application to the
City of Meridian regarding operating a music lesson business in my RV garage at my
home at 4097 E Raja Dr, Meridian, ID. This is an informal, information meeting to
discuss the proposal and answer any questions you may have.
Date: March 26, 2015
Time: 5 PM — 6 PM
Location: 4097 E Raja Dr, Meridian, ID 83642 in my RV Garage (Enter through the
gate on the corner of the house and walk in the entrance, no need to knock.)
If you cannot attend this meeting or have any questions concerning the application,
please feel free to call me at: 208-602-2488
Sincerely,
Patrick Flaherty
Easy Peel® Labels i ♦ Bend along lineto 11® A�/E�il/p 6240T^' i
Use Avery® Template 5160018160Tm j Feed Paper expose Pop-up EdgeTm 41 fl 1
SIMON JAMES R PANITCH JOEL EMERY JACOB
2680 S HILLIS PL 2662 S HILLIS PL 2630 S HILLIS PL
MERIDIAN ID 83642-0000 MER DIAN ID 836,42-0000 MERIDIAN ID 83642-0000
JOHANSEN JAMES H ATKINSON FLAHERTY FAMILY TRUST BRUNS JOSHUA P
2614 S HILLIS PL 4097 E RAJA DR 4135E RA
JA-Dfj
M IDIAN 83642 0000 MERIpIAN ID 83 42 OQO�.�- .1-- AN`ID/A3642- 0,
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GARNER JOSEPH RIAL GREEN MICHAEL HEGGESTAD TERI L
4154 E RAJA DR 4116 E RAJA DR 4080 E RAJA DR
MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000
SUTHERLAND,FARM HOA INC(vii'i JUDY GREGG S
14146 S CA6(ADA RD lo L' I I 4046 E RAJA DR
MELBAID, 83641-00����j' (� MERIDIAN ID 83642-0000 i
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STANDARDS FOR. HOME OCCUPATIONS
STATEMENT OF COMPLIANCE
DDC 11-43.21: Home Occupation: The following standards apply to all home occupation uses with the exception
that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-121C, 11-4-3.2113, and 11-4-3.21F in
the TN -C and TN -R Districts is not required:
A. In no way shall the home occupation cause the premises to differ from its residential character in the
appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference.
B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent
(2594) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods
associated with the home occupation. Materials may be stored in an attached garage or storage area,
provided it shall not reduce the required off-street parking below the standard established for that district.
C. No activity connected to the home occupation or any storage of goods, materials, or products connected
with a home occupation shall be allowed in any detached accessory structure.
D. (Rep. by Ord. 07-1325, 7-10-2007).
E. The home occupation shall not have more than two (2) out -going pickups per day from a common carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1)
nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to the site
and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or
fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the
personal service aspect of the home occupation; or 3) products sold online that are delivered to customers
by mail.
I. Off-street parking shall be provided as Section I1 -3C-6 of this Title, in addition to the required off-street
parking for the dwelling.
J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.
K. The home occupation shall only be allowed as an accessory use to an allowed residential use.
Certification:
I have read and understand the above standards for the operation of a home occupation and certify that I will
conduct my business in accordance frith these standards. If I cannot meet these standards I am not allmved this
accessory ztse.
Applicant's Signature: t� -e �� Date: YIP
Community Development a Planning Division e 33 F. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 �im•n•.meridianeity ore/plannin
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Ryan & Ellen Green
4116 E Raja Drive
Meridian, ID 33642
April 27, 2015
To Whom It May Concern:
We have lived directly across the street from Janet and Pat Flaherty ever since their home was constructed
in the Sutherland Farm Subdivision. When the home was being constructed, Pat was required to go door
to door and explain that he operated a drum lesson business and that part of their new home would be a
drum studio devoted to this. He explained the soundproof design of the studio, and the sound implications
that it would have on the subdivision. We signed the consent then, and would sign the same one now.
The sound from drum lessons can rarely be heard, and when it is -it is absolutely no hindrance to activities
in the neighborhood. In fact, the neighbor's dog barking in the yard behind us is of far more concern than
this situation. We 100% fully support Pat in being able to continue his drum lessons. Any questions,
please feel free to contact us about it.
Sincerely,
Ryan & Ellen
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March 30, 2015
C.J. Coles
Planning Staff
City of Meridian
33 E. Broadway
Meridian, ID 83642
Dear C.J.,
We are submitting this letter to bring to your attention to several concerns we have regarding Pat
Flaherty's application to have a drum studio in his RV garage at 4097 E. Raja Drive in Meridian.
Our backyard and patio are adjacent to Mr. Flaherty's RV garage. Our patio is 25 ft. from his garage and
the door in which all the students enter. Our patio is right outside our living room area in which we
spend most of our time. We hear the students when they are on the drum sets and they can be very
noisy. Mr. Flaherty teaches group lessons on Tuesdays and Wednesdays and private lessons on Mondays
and Thursdays. He occasionally has lessons on Fridays and Saturdays as well,
Since we live on the corner, the parking has been an issue. Even though Mr. Flaherty asks his students
to park in his driveway and in front of his house, they don't - they park along the side of our house. We
have had problems with his students sitting in their cars and playing loud music while waiting for the
lessons to begin. We have spoken to Mr. Flaherty about this and he will try to remedy the situation.
We purchased our home in September 2014 and were not told that there was a drum studio next door.
We were not given the opportunity to talk to the previous owners or their realtor. Now that we think
about it, it almost seems like they were avoiding us. The subdivision covenants clearly state that
commercial use in the subdivision is prohibited - "no lot shall be used at any time for commercial or
business activity". The current HOA is aware of his business which was approved by a previous HOA.
When we found out about the drum studio, we waited to see how loud it was before we got too
concerned. We have experienced that sonic nights are very loud and we can hear it inside our house.
We feel that our home is a place of relaxation after a long day at work and we find that we cannot relax
and enjoy our evenings with the loud drumming next door. The noise is much louder outside on our
patio which causes us much concern for our summer back yard time. We don't think that a residential
area is the place for a drum studio, however, it's here and it doesn't seem like there's much we can do
about it. We think that a drum studio needs to be in a business district where it doesn't impact people's
private lives and where there is adequate parking.
If the city allows this use, we feel that Mr. Flaherty should be required to soundproof his studio,
including windows and doors. Music studios for drums and other loud instruments are typically built
with soundproofing to eliminate noise disturbances outside the studio. Another option would be to
require drum mutes to the louder intuments to quiet them down.
We appreciate you taking our concerns into consideration as you review Mr. Flaherty's permit. Thank
you.
x 9G'�'�LICa�� — " /I
JJ /// m6l C,
1. Drum Studio
2. Johansen Patio
3. Student Parking Area
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