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Cooper Canyon Sub. PP 02-001 MAYOR Robert D. Corrle CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREAsuRE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 8874813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-250I PUBLIC WORKS BUILDING DEPARTMENT (208) 887-22ll · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and reCOmmendations will be COnsidered by the Meridian Planning and Zoning Commission, please submit your COmments and reCOmmendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmiffal Date: January 15, 2002 Hearing Date: March 7, 2002 File No.: PP-02-001 Request: By: Location of Property or Project: Request for preliminary plat approval of twen -two · ' ..,~.... ,_,_ _-----_...--;--~---__~__.. ~ __ ;nty-two building lots and two · .-,=, ,~,~ un o.~l acres in a pronosed R-40 .... '-- "---~- ~-~-- · __ ,- ~,,,= ,u, ~-uu er ~an o Wildwood Development P y n uun. Southeast corner of N. Locust Grove and Wilson Lane Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Chede McCandless, C/C Water Department Sewer Department Sanitary Service (NO VAR, VAC, FP) Building Department Fire Department Police Department City Attomey City Engineer City Planner Parks Department .aZ-27 FP.24 ppIPFP.27 VARJVAC- 20 CUp.26 David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, .P/Z (No VAR, V,~C, (Vacant) P/Z (No VAR, VAC, FP) Keven Shreeve, PIZ (No VAF~, VAC, Keith Borop, P/Z (No VAR, VAC, FP) Your Concise Remarks: Meridian School District (NO FP) Meridian Post Office (FP.~mon6,p Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. Distdct Settlers Irrigation Distdct Idaho Power Co. (FP~Ponly) U.S. West (FP/PPonly) Intermountain Gas (Fp/1OPoniy) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (NoFP) Ada County (AZonly) CITY OF MERIDIAN 66~. ' Planning & Zoning Department a~, watertower Ln., Ste. 202, Meridian, ~ 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REOUEST FOR SUBDMSION APPROVAL _PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance - 12-3-I thru 12-3-6) FILE DEl'fERAL INFORMATION Name of annexation anti subdivision: Cooper Can,yon Ad&ess, general location of site: ~. Wi 1 son Lane Owner(s) of record: Lawrence Tuckness I rust Ad&ess:~Creek Dr. Meridi'an Id. 83642 Telephone:~888 - 2077 Fax: Applicant: Wi 1 dwood Development L[C _ E-mail: Ad&ess: 1 Orlzon r. ~^4~ ,,4 o- · Telephone~67,3884 Fax:331 ~6453 E-mail:fi ndl ay@micron .bet Engineer:Barry S. Semple Firra:~n En ineerinq Company Ad&ess: 9777 Chidden Blvd. Boise, Idaho 83714-2008 ' Telephone: 323-2288 Fax: 323-2399 E-mail: boise@toengrco.com Name and ad&ess to receive City billings- Narae: Wi 1 dwood Devel o ment LLC Ad&ess 1 51~ or'zo Dr Boise, t~-' 83702 ._Tel~ PRELIMINARY PLAT FEATURES 1. Acres: : '9, 2. Number of building lots:22 3. Number of other lots:~- 4. Cn'oss demity per acre: 6 ~ 5. Net densit3~ ~ acre.-~ 6. Zoning District(s): Existing:..Rut County Proposed: R~40 7. Does the plat border a potential green belt or pathway?_ 8. Have rec~ational easements been provided for~ 9. Pre there proposed recreational amenities to th~it~?~ t For future parks?_~k~ Explain Explain Explain 11. What school(s) service the area? agreements for future school sites? No .Explain ~ethe ~ 12. re any other proposed amenities to the City?_._~E'~plain Do you propose any 13. Type of building (r~.fidentlal, commercial, industrial, office or combination):~Re~i dontia 1 14. Type of dwelling(s)(single family, duplexes, multiplexes, other):_ 4-vl exs ! /?e.. 06 15 O~ 15. Proposed developOt features: a. Minimum ~uare footage of lot(s):__ b. Minimum square footage of structure(s): c. Are garages provided for? d. Has landscaping been provided for?_Yes e. Are sprinkler systems provided for? Yes £ g. Square footage:. Describe:_See Landscape plan Are there multiple units? Yes Type- 4-plexs Remarks: '-' Are there special set back requirements? Yes .Explain: See explaination Value rangeofproperty:_ $250,000.00 to $300,000.00 i. Typeoffinancing fordevetopment: Loan thur Home Street Corp. j. Were protective covenants submitted.? Yes Date: 16. Does the Proposal land lock other property? Nn Does it create Enclaves?_ ~TATEMENTS OF COMPLIANCE 3. 4. 5. 6. 7. Streets, curbs, gutters and sidewalks are to he constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will he determined by the City Engineer. All sidewalks will be five (5) feet in widtk Proposed use is in conformance with the City of Meridian Comprehensive Plan. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat includes all appropriate easements. Street names do not conflict with City grid system. All items noted on the preliminary plat checklist have been completed. rant tins Prat ~s m compimnce w~th the above statements. Signature Fo~ Al~plieunt 6 5 FAIRVIEW 8 AVENUE _ 3963 ~-_N89'34'4o_"E /~, _ EXHIBIT "B" A PARCEL OF LAND SITUATED IN THE NWl/4 OF SECTION 8, T3N, R1E, B.M., CITY OF' MERiDiAN, ADA COUNTY, IDAHO, BEING A PORTION OF LOT 7 OF' PLEASANT VALLEY SUBDIVISION RECORDED IN BK 12, PAGE 665, ADA COUNTY RECORDS. 2001 N89'34'40"E 246.85 100 200 400 600 T00THMAN-0RTON ENGINEERING CO. ENGINEERS . SURVEYORS . ~-LAN ~ 9777 CHINDEN BOULEVARD . BOISE, IDAHO 8,3714-2008 PHONE: 208-323-2288 · FAX: 208-323-2399 NO~J','~3 ~adO03 CITY OF IVlERIDIAN Planning & Z~ning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888~6854 Fax REOUEST FOR SUBDIVISION AI~PROVA I. .PRELIlVlIN.4JIy PLAT (RE: Meridian Subdivision Ordinance - 12-3-1 thru 12-3-6) _GENERAL INrFORMATiON Name ofannaxation _and subdivision: Cooper Canyon Address, general location ofsite: E. Wilson Lane Owner(s) of record: Lawrence ?uck~ess 1 rust Address: 1621 E. Cou ar Creek Dr. 'Meri'dian Id. 83642~ Telephone:_888-2077 Fax: Applicant: .Wi 1 dwood Development LLC E-mail: Address: 14~2 Telephone~_67,,3884 Fax 331,6453 E-mail:f/nd] ay0micron, net Engineer:]tarry $. Semple Firnl:,~I,o~o,th~a~n_-0rton En ineering Company Address: 9777 Chidden Blvd. Boise, }daho 83714-2008 Telephone: 323-2288 Fax: 323-2399 E-mail: bo i s e@toengrco, corn Name and address to receive City billings- Name:~ment LLC Address~:z r Boise ~d 83702 _Telephone: 867-3884~ PRELIMINARY PLAT FEATURES 1. Acres: 2. Number of building lots:22 3. Number ofotber lots:~ 4. Gross density per acre:_ ~ ll~ /,5' 5. Net densit), per acre: 6. ~ning District(s): Existing: Rut County. Proposed: R.40 7. Does the plaI border a potential green belt or pathway?_ 8. Have recreational easements been provided for? 9. _Axe there proposed recreational amenities to the City9 10. Are there proposed dedica~ Explain Explain For future parks?. No Explain 11. What school(s) service the area? ~ Do you propose any agreements for future school sites? No Explain 12. Are there any other proposed amenities to the City? $~/0 ExPlain -- 13. Type of building (residential, commercial, industrial, office or combination): Re~idantial 14. Type of dwelling(s) (single family, duplexes, multiplexes, other):_ 4-~1 exs 1 Ret. 06150/ Consent of Owner I, Lawrence Tuckness here by give consent for Wildwood Development LLC to get preliminary and final plat, annexation and rezone, and conditional use permit for the property at E. Wilson Lane, Meridian Idaho, Parcel #R710425875. Lawrence Tuc~mess Owner /V~.,t ~ /,~. tva ka~,'z~.l Subscr~d and sworn to (or affirmmd) before me this of _~/~ ~ ~C ~0~/_. No~ Public %~; Go '~ ' , ~, ~&m~o non Wildwood Development LLC will post notes on property 1 week before the public hearing of subdivision preliminary plat, annexation and rezoning, conditional use permit for said property at E. Wilson Lane, Meridian, Idaho Parcel #R710425875. Wildwood Developm~ht LLC Christopher G. Findlay President Project: 01067 Date: November 15, 2001 Sheet: 1 of 1 EXHIBIT "A" SUBDIVISION BOUNDARY A parcel of land situated in NWl/4 of Section 8, T.3N., R. IE., B.M, City of Meridian, Ada Count, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official plat thereof recorded in Boo/< 12 of Plats at Page 665, Ada County Records being more particnlarly described as follows: COMMENCING at the northwest corner of said Section 8, from which corner, the south '/4 corner of said section bears, S 00°00'23-W., 2649.56 feet; thence, along the westerly line of said section, A) S'00°00'23'W., 455.00 Feet to the intersection with the centerline of Wilson Lane as shown on Record of Sm'vey No. 3963; thence, along said centerline, B) N'g9°34'40"E., 1038.12 feet to the intersection with the westerly line of said Lot 7; thence, along said westerly line, 1) S.00°00'23,,W., 28.00 feet to a line parallel with and 28.00 feet southerly of the centerline line 0£ said street and the POINT OF BEGINNING; thence, along said parallel line, 2) N.89o34,40,,E., 246.85 Feet to a point that bears N.00°04,03,,W., 1.00 feet from the northwest corner of Block 1 of Elliott Park Subdivision accordine to the official plat thereof recorded in Book 82 of Plats at Pages 8914 and 8955, Ada County Records; thence, along the westerly line of said block and the northerly prolongation thereof, 3) S.00o04 03"E., 1078.95 feet to a found 1" iron pipe on the northerly bank of an existing drain ditch as shown on said plat; thence, along said northerly, bank, 4) N..65o50,i 8"W., 272.05 feet to a point on the westerly line of said Lot 7; thence, along said westerly line. 5) N.OO°OO'2Y,E., 965.77 ~eet to the POINT OF BEGINNING. CONTAINING 5.8l Acres, more or less. SUBJECT TO all Covenants. Rights. Rights-of-Wav. and Easements of Record. EXHIBIT "B" attached ,- ~ ~ , · ,- .... Ull¢l 03' tills rezerence made a part hereot: DECLARATION OF COVENANTS, CONDITIONS AND RESTR/CT/ONS OF COOPER CANYON SUBDMSION THIS DECLARATION is made on the date hereinafter set .f~rth by ~,W, ildwood Development, LLC, an Idaho limited liability company, hereafter referred to as Declarant. WITNESSETH WHEREAS, the undersigned is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the Properties," more particularly described as follows: COOPER CANYON SUBDMSION, according to the official plat thereof, recorded in Book of Plats at Pages and as Instrument No. ~ -- -- , -- , recorded on the__ _ day of_ _ 2001, records of Ada County, Idaho; and WHEREAS, the undersigned desire to subject the above described Properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the Properties and their present and subsequent Owners as hereinafter specified, convey the Properties subject thereto; and will NOW, THEREFORE, the undersigned hereby declares that all of the Properties above described, shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall mn with the Properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. Notwithstanding the foregoing, no provision in this Declaration shall be construed as to prevent or limit Declarant's rights to complete the development of the Properties and to construct improvements thereon, nor Declarant's rights to maintain model homes, construction, sales or leasing offices, or similar facilities on any portion of the Properties, nor Declarant's rights to post signs incidental to such construction, sales or leasing. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 G:~Bradl~mdlay, CTarls\Cooper Canyon~CR.docl 1/30/01) ARTICLE I: D-EEIBIlI/ID. RS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to Cooper Canyon Subdivision Homeowners Association, Inc. a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "C " OMMON AREA shall mean all real property and improvements thereon (including private streets, drives, parking areas and recreational facilities) owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows: Lots 4 and 10, Block 1, Cooper Canyon Subdivision, according to the ~clal plat thereof. Section 4. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of the Common Areas. Section 5. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. DECLARANT shall mean and refer to Wildwood Development, LLC, an Idaho limited liability company, its successors, and subject to the provisions of Article XIII, Section 4, below, its assigns. Section 7. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 8. "FOUR-PI_EX" shall mean a structure containing four separate units, each intended to be occupied by one family as a residential dwelling, together with all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Four-Plex or any part thereof is encumbered. Section 10. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICrflONS, Page 2 Section 11. "FIRST MORTGAGEE,, shall mean any Mortgagee, as defined in Section 10, possessing a lien on any Four-Plex first and prior to any other Mortgage. Section 12. "INSTITUTIONAL HOLDER,, shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 13. "pi a,v,, ~,_ ..... ~ooper Canyon SubdiviSiOn ~ ;l~demde~nt~et~.c~u~bed~is_ion .plat cove. ring any real property in me same may ~,~...~ ,....,_. .. ,,, m~ counter recoruer, Ada County, Idaho as j be .... ,u~u uy amy recoruea amendments thereto. , Section 1. Enjoyment af~xh-nrnon Area' Each Owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to levy reasonable assessments for the maintenance of anY landscaping improvement or other facilities situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. C. The right of the Association to limit the number of members permitted to use the Common Area. D. The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area or otherwise controlled by the Association, incinding, particularly, the right to charge a special use fee for members who desire exclusive short-term use of such facility and who are willing to pay a special fee or assessment for such use. E. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3% of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. F. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 3 to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. The right of the Directors of the Association to promulgete reasonable roles and regn!ations governing such fight of use, from time to time, in the interest of securing maxanum safe usage of the Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the Common Area during certain times and reasonable regulations and restrictions regarding vehicle parking. Section 2. DelegmJnn of l lne: Any member may delegate, in accordance with the roles and regulations adopted from time to time by the directors, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers, provided they reside on the property at the time of use. ARTICLE III: I-IOMI~.CJWlql~.R~ A,q,qCICIATICJN Section 1. Me. mher~hi? Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Absolute liability is not imposed on Owners/members for damage to Common Areas or Lots in the subdivision. Section 2. membership: Vntlng Rights: The Association shall have two classes of voting Clan~ A: Class A members shall be all Owners, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Cla~ 11: Class B member(s) shall be Declarant and shall be entitled to three (3) votes for each LOt owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 G:~Bradbury~m~lay, Chfisx~oopcr Canyon~CClLdoe 11/30tll 1) Bo When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or On December 31, 2011. Section 3. A~na~ment~. A. Crnatic~n of l.le~n and l:)ereonal Ohligaticm c~f A~c~mer ~i: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of suceessors in title, unless expressly assumed. ~ll~mxe_~L~: The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and weffare of the residents in the Properties, for the operation, maintenance, repair and improvement of the Common Areas and facilities located thereon, for the reasonable expenses incurred in the operation of the affairs of the A~ssociation, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. Maxirm,m Annual A~o.e~me~,l: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $ 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 5 increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Homeowners Association in regular installments as may be determined by the Board of Directors. [MLialis~se. asm~: Upon the initial conveyance of each lot, the purchaser thereof shall pay to the Association an initiation assessment in the amount of $_ E. Special Aese~rno~nta for Capital lmpmvemerd~i: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, pmvlded ~ any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Homeowner A~ssociation shall determine. notice of any meeting called for the purpose of taking any action author/zed under : Written Section 3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. I/nlforrn Rate of A~ee~menl: ]30111 annual and special assessments must be fixed at a uniform rate for non-exempt Lots. H. Date of Cnrnmeneement of Anmml A~e~q~ronnt.~; Dlle Dah~q: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the earlier of substantial completion or occupancy of the Four- Plex constructed on the said Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each LOt at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 G:~Bradbl~41ay, Cllris\Cooper Canyon~2CR_docl 1/30/01) thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Effect of Nanpayment c~f Aggengmenta: Ro. medleg nf Agsnaiatiou: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Suhnrdinallnn of the lien tn Mnrt~o~o~,: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: All property expressly dedicated to and accepted by a Local public authority; The Common Area; All other Properties owned by Declarant or the Association; All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first; and EAgI~.M~NTS Section i. Future l~agernants: The Association Shall have the future right to provide for such easements across, upon and under the surface of its Common Area as platted herein as may be reasonably necessary to serve the interests and convenience of the property Owners of this subdivision for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. ~nernachmeqts: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Four-Plex or drainage water from any Lot or Four-Plex DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Four-Plex, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent Four Plexes be created in favor of any Owner of such encroachment or use ff it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. F~a~ment far Maintenance. Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the Properties and the Common Area as may be required of it as provided herein, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved; and all rights and privileges incident thereto, including the fight from time to time to cut, trim and remove trees, brash, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easements. Section 4. Prlvat~ Rnacls: Access to each Lot is provided by a system of private roads to be constructed by Declarant and owned and operated by the A~ssociation as a part of the Common Area. Said private roads are designated on the plat as Lot 4, Block 1, which LOt is dedicated and restricted to the perpetual and indefeasible right of ingress and egress over and across said LOt for the exclusive use and benefit of the Owners and residents of Lots 1 through 24, Block 1 inchisive, their guests and invitees. The perpetual right of ingress and egress over and upon said Lot 4, Block I may not be terminated or extinguished without the written consent of all Owners, the Association, and any and all parties having any interest in the properties. ART[CEE V: MA1NTI~,NAN(~i~, Section 1. lty A~neiatlon: The Association shall provide maintenance to and be responsible for the Common Areas and improvements thereon, including any Association-owned private roads, streetlights and drainage facilities. The Association shall also provide maintenance to and be responsible for the landscaping improvements on each Lot and any perimeter fence installed around the properties by Declarant. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Section .2. .By. Own, r: Each O.wner shall be responsible for maintainin · · good oruer uno repair the exterior of his Fom-Plex and anv r~rivate d~,-,~ g a~.d keep. mg,~n - r ........ a~, ano courtyarus, contiguous to his Four-Plex. In the event of damage or destruction of a Four-Plex by fire or other casualty, the owner must complete repair and/or replacement of the Four-Plex within one hundred- eighty (180) days of the damage or destruction. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 ARTICLE VI. IRRIGATION WATI~.R ~qIlPPI¥ Section 1. IxaSgalian~al~a~: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay any assessment therefore levied by Nampa Meridian Irrigation District. Section 2. Eagernent Fnr lrri~atinn Water g,,pplv .q?t~i',,: Declarant and the Nampa Meridian Irrigation District shall have a permanent easement ~or the construction, maintenance and repair of the irrigation water supply system and related wells, pumps, pipes, and any other conveyancing apparatus in the utility easement areas as are depicted on the Plat, together with the right of ingress to and egress from the easement premises over and across the privately owned property of Oxvners to perform maintenance upon the well, pump, pipes and other conveyancing apparatus comprising the rogation water supply system together with all rights necessary for the' full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brash, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. ARTICLE VII: PROPIRRTY l l.qlq. R~.qTRICT'I'ONR The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lm! ~se: No Lot, with the exception of the Common Area shall be used except for residential purposes. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations. The Owner of each Lot shall complete construction of a Four-Plex as permitted herein within one (1) year after the date of the first conveyance of the Lot to an Owner by Declarant. B. Aniraalg~ No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties. 13arhage and I~fl,ge 13ispnsal: No part of said Properties shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, .trash or other waste shall be kept or maintained on any part of said Properties except m a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural Control Committee and shall be kept in a clean and sanitary condition. Refuse containers may be placed at the curb in front of each LOt no earlier than the night prior to the regular pickup day and must be retrieved promptly after pickup. DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 9 G:~Bradbury~mdlay, C~is~C. ooper Canyon\CCR.doc 11F30~01) Go Ho Nuisance: No noxious or offensive or unsightly conditions shall be permitted upon any part of said Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee. T ' : No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. Parking and glnrage of V~hieleg and Fquipm~ ii: The Owner of each Four-Plex shall have the unqualified right to use at least four parking spaces in the Common Areas, each of which shall be sufficient to accommodate an automobile, either on a first come, first serve basis or by assignment to Owners in accordance with reasonable roles and regulations which may be adopted by the Association from time to time. Additional parking spaces may either be held for common parking, reserved for guest parking and/or made available to an Owner in accordance with such roles and regulations as the Board of Directors of the Association may from time to time adopt. Parking spaces may be used only for the parking of operable passenger motor vehicles. Use of parking spaces for parking of boats, trailers, motorcycles, trucks with a gross vehicle weight in excess of one ton, track campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall be prohibited except under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. Improperly parked vehicles may be removed by the Association at the risk and expense of the Owner thereof. All other parking or storage of any other equipment shall be prohibited, except as approved in writing by the Board of Directors of the Homeowners Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. Signs: No commercial billboard or advertising sign shall be displayed to the public view on or from any Lot. Owners may advertise a Four-Plex and Lot for sale by displaying a single, neat and reasonably sized sign on a Lot. Other temporary signs advertising the name of the builder or the name of the institution providing financing may be displayed on the Lot during construction of improvements. Lea~ing R~strletlnn~: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Four-Plex (including a month-to-month rental agreement); and all such Leases shall be in DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 10 writing. Other than the foregoing, there is no restriction on the fight of any Owner to lease his Four-Plex. Sewer Re~trictinns: All bathroom, sink and toilet facilities shall be located inside the Four-Plex or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. Fences: NO fences shall be constructed on any Lot, except the perimeter fence installed by Declarant. ARTICLE VIII. Itt Ill DING RI~.qTRiCTiCiNS Section 1. RnildinE .qize: With the exception of Common Area Lots, no buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) Four-Plex which may not exceed thirty-five 05) feet in height. Each separate unit in a Four-Plex may not be occupied by more than one (1) family. The minimum square footage of living space of each Four- Plex shall be . square feet. Section 2. Sethaeks: All improvements must be constructed or maintained on a Lot within the minimum building setbacks as required by the applicable governmental authority. Section3. Onn~trnr~inn Rt~?fimm~nts' Each Four-Plex shall be constructed in accordance with such plans and specifications and of such materials as have been approved in writing by the Architectural Control Committee. Section 4. Land,taping: Within 60 days after occupancy of the Four-Plex located thereon, each Lot shall be fully landscaped in accordance with a landscape plan approved in writing by the Architectural Control ~ommittee Section 5. ]nh ,Rite Maintenance: Job sites are to be kept as clean as possible during construction. All din, nails, gravel and other building materials must be removed from the street and sidewalk daily. Work vehicles shall not be parked in front of occupied houses, nor shall they block streets. Power and water must not be used from existing dwellings without the prior permission of the Owner. Dumpsters and portable toilets are the responsibility of the Owner or his contractor and shall be kept orderly at all times and emptied on a timely basis. All contractors and subcontractors shall be prohibited from keeping dogs at the job site. ARTICLE IX. AR{21-11TF.(TI'I IR AI, CONTROl, Section 1. Arahimat ~ral (2nntrn! iTnmmit:ac,: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three or more members to be appointed by the Board of Directors of the Homeowners Association. The Board of Directors of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 the Homeowners Association shah appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. ~llroval~Reqniro.Xt: No building, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topo~aphy and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any r. eason, aesthetic or otherwise. In so passing in such design, the Committee shah have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is pro osed t Architectural Control Committee may also o~.,~;~....,. ...... P o be erected. The alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent ...... ,~t wnemer me oes~gn of the proposed structure or or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. ~, Section 3. S.ulxnisslm~a- Re-u ' ~ · · · ti ests Ior approval of the Architectural Control cormmtt, ee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: A. Site. p/aR. A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related to the improvements. B. Baflding..Elan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east, and west sides, detailed exterior specifications for each building which shall indicate, by sample, if required by the Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbni/dings to be located on a Lot shall be architecturally and visually compatible and harmonious with the principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on the Lot. DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 12 l.andaeape, Pla~. A landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fences, free standing exterior lights, driveways, parking areas and walk ways. Section 4. Rulaa and R~lallnne: The Architectural Control Committee is hereby authorized to adopt roles and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Vaea: The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. Section 6. Varlanc~e~8: The Architectural Control Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures, r smafiar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Control Committee, and shall become effective upon recordation in the office of the Ada County Recorder. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Lot and particular provision hereof covered by the variance, nor shall it effect in any way the Owner's obligation to comply with all govemmantai laws and regulations effecting such Owner's use of the Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. Section 7. Waiver: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 Section 8. Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Homeowners Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 9. oCn;~2s~;;t~dh~Vn'qcee~Ttt;*~ Tmha~ records of the Secretary of the Homeowners Association shall be c 1 tters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Homeowners Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Homeowners Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Homeowners Association shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have een instituted to enforce completion or compliance. Section 10. C~onatnletinn and ,q~te, s Period Eyc.,epfiOu; During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all Four- Plexes; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any individual Four-Plexes owned by it as models for sales purposes. ART/CLE X: INgllRANC~IR ANT) FIOND Section 1. Reqnlred lnsnrancc. The Association shall obtain and keep in full force and effect at all times the following insurance ~overage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 14 A multi-peril-type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and mounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an mount not less than one hundred percent (100%) of the insurable value(based upon replacement cost). A comprehensive policy of public liability insurance covering all ~f the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Four-Plex Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. Workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 2. Optlnnal ln~nrsnce. The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association funds. Section 3. Additional Pmvi~inns: The following additional provisions shall apply with respect to insurance: A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial ting by Best s Insurance Reports of Class VI or better. D. Notwithstanding anything herein contained to the contrary, insurance covera e m be in such amounts and meet other reauiremem~ ,,~ ,~ ~ ...... g . ust Mortgage Corporation. -~ ..... ~,,,~ .-cu~ru~ nome Loan Section 1. Conaoq, mnc~q nf t~ondr~mna&o,,: If at any time or times, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Pmc~'~ds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award," shall be payable to the Association owing the condemned Common Area. Section 3. Appnrtinnment: The condemnation award shall be apportioned among the ,O~_n_e.rs..havi,ng..an interest in the condemned .Common Area equally on a per-Lot basis. The .~-~ucaauon snml, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shams shall be paid into separate accounts, one account for each Lot. Each such account shall remain in the name of the appropriate Association and shall be further identified by Lot number and the name of the Owner thereof. From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE X[I: MORTGAGI~ PROTI~,CTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the .Association: The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual repons or other appropriate financial data. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICrlONS, Page G:~Bradbuty~mdlay, Chris'Cooper Canyon\CCR.doc 11 f30/01 ) 16 Any management agreement for the Properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the contracting Association for muse upon thirty (30) days' written notice thereof, and (ii) by either party without muse and without payment of a termination fee on ninety (90) d ' ays or less written notice thereof, and the term of any such agreement shall not exceed one (i) year. Any lien which the Association may have on any Four-Plex for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this clause.) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Four-Plexes, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. Fail to maintain fire and extended coverage on insurable Conunon Area property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC'rIONS, Page 17 G:kBradbmy~Flndlay, Cb/is\Coope~ Canyoa\CCR.docl 1/30/1) 1) Section 1. Enf. arcame, m: The Homeowners Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event the Association or an Owner is required to initiate any action to enfome the provisions of this Declaration, it shall be entitled to recover from the Owner against whom enforcement is sought, all attorney fees and costs incurred as a consequence thereof, whether or not any lawsuit is actually filed, and any such attorney fees and costs so incurred by the Association shall be added to and become a part of the assessment to which such Owner's Lot is subject. Section 2. Severahili~: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amandmem: The covenants and restrictions of this Declaration shall mn with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3%) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by DeClarant: Any or all fights, powers and reservations of Declarant herein contained~may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencIng its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS, Page 18 IN WITNESS WHEREOF, Declarant has caused its corporate name to subscribed and its corporate seal affixed this. day of , 2001. DECLARANT: WILDWOOD DEVELOPMENT, LLC be hereunto By Christopher G. Findlay, Managing Member STATE OF IDAHO ) ; ss County of Ada ) On this _ day of 2001, before me, a notary public, personally appeared Christopher G. Findlay, known or identified to me to be the Managing Member, of Wildwood Development, LI.C, the limited liability company that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said limited liability company and acknowledged to me that such limited liability company 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 Public for Idaho Residing at My Commission Expires DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 I, Chris Findlay, of Wildwood Development, LLC, applicant for the proposed Cooper Canyon Subdivision, hereby agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use. Chris Findlay, Wildwood Development, LLC February 26, 2002 To Whom It May F~ CITY OF OFFICE I, Chris Findlay, representing Wildwood Development LLC, am posting the property on Wilson Lane for the purposed 4-plex subdivision, Cooper Canyon, seven days prior to the hearing date of March 7, 2002. S T ~ ~ T ~ (~EOTECHNICAL ENGINEERING & MATERIALS TEETING 8653 W. Hackamore Drive, Boise, idaho 83709 20B 376-82.00 / Fax 208 3764201 Mr. Chris Findlay 145 Horizon Drive Boise, Idaho 83702 Dear Mr. Findlay: October 23, 2001 File: F1NCHR-B01118A LETTER REPORT Preliminary Soil and Foundation Evaluation Proposed Cooper Canyon Townhouse Development Wilson Lane Meridian, Idaho SW¼, Sect. 14 T3N, R2E Strata, Inc. has performed a Prelkninury Soil and Foundation Evaluation for the construction of the proposed townhouse development on Wilson Lane in Meridian, Idaho. Specifically, our scope of work included the following tasks: · Contacted utility mark-out prior to the excavation of test pits. · Subcontracted for and observed the excavation of six test pits. · Subsurface conditions were evaluated and logged in the field by our engineering geologist. · From the test pits, representative samples were selected for laboratory testing for the purpose of soil classification and identification. · Performed two percolation tests to estimate subsurface drainage rates. · Prepared this letter report that summarizes the information obtained fzom our field exploration and laboratory testing. This report was performed in accordance with our Confirming Proposal dated September 12, 2001. The intent of this study was to prov/de preliminary design criteria for foundations, pavement, groundwater levels and stormwater disposal seepage rates. SITE AND PROJECT DESCRIPTION The project site is an 6.2-acre parcel that is currently used for agriculture. The site is proposed to be developed with approximately 22-fourplex townhouse residences. Paved roads IDAHO · WASHINGTON . OREGON · WYOMING * MONTANA · UTAH · NEVADA Propos Coopea Canyon TownhouseD~elopment File: FINCHR-B01118A Pago 2 and parking are planned for the development. At the time of our site investigation, Settlers Canal and drainage ditches traversed the lot (east to west). The site topography was gently sloped with the highest elevations located near the central portion of the site. Stormwater will be retained on site via subsurface seepage trenches. FIELD EXPLORATION On September 12, 2001, we observed the excavation of 6 test pits as shown on Plate 2; Site Plan. The test pits were excavated using a Caterpillar 416 C rubber-tire backhoe ti) a max/mum depth of 11.5 feet beneath the grOund sarface. The test pits (TP-I through TP-6) were excavated around the perimeter of the site. Observation wells were installed in four test pits (TP-1, TP-3, TP-4 and TP-6). Representative samples of the various soil layers were .col!~te?.fo5 ad?ition~l,, lab~o, ratory cl.~.sification and analysis. Exploratory test pit logs are ~ncmuea m me 3xppeno~ ~late 3, Unified Soft Classification System, is included to aid in the interpretation of these logs. After the exploratory test pits were logged and sampled, the pits were loosely in-filled with the excavated material to reduce the hazard of open holes. The test pits located in the future building and pavement areas should be re-excavated and backfilled with structural fill to reduce the potential for future settlement. LABORATORY TESTING Soil samples were identified in accordance with the Un/fled Soil Classification System (USCS). Representative samples of the various soil layers were selected for laboratory testing to further define their physical and engineering properties. These tests were performed in accordance with the generally accepted procedures of the American Society for Testing and Materials (ASTIvD. Tests performed were Atterberg limits for the clayey topsoil, density for the silty fine sand encountered beneath the clay and, percentage of silt-sized and finer grains for representative samples of both these soils. Soil samples obtained form the project site and currently stored in our laboratory will be discarded three (3) months after completion of our fieldwork, unless we receive a specific written request to retain the samples for a longer l:~/od of time. SUBSURFACE CONDITIONS The project site is underlain by a 1.5 to 2.7-foot-thick layer Of native inorganic non- plastic clay (CL) with lesser varying amounts of silt and sand. The clay was very stiffto hard with an unconfined compressive strength of 2.5 to greater than 4.5 ts£ Compressive strength of this clay was lowest (2.5 to 3.0 ts0 in the vicinity of TP-5 due to water from a nearby drainage ditch. A 1.8 to 7-foot layer of weakly cemented silt and silty fine sand underlies the clay except in the southeast coruer of the site where the day is underlain by a 2.0-foot layer of gravel with a silty sand matrix. The silt and silty sand was dense w/th weak to moderate calcium carbonate cementation. Cementation is greatest in the nortbeast coruer of the site where, at a depth of 3.5 Proposal Cooper Canyon Towahouse Development File: F1NCHR-B0111SA Page 3 to 4.8 feet, there are thin layers of calcium carbonate that are up to 1-inch thick. A deep deposit of sand and gravel with cobbles underlies these layers and is dense and is uncemented. Groundwater was encountered in all test pits between 5 and 9 feet beneath land surface. The depth to groundwater can fluctuate based on irrigat/on practices. However, we anticipate that the water levels recorded at the time of our study in September 2001 are near the expected high. Percolation tests were performed in TP-2 at 5.5 feet and in TP-5 at 6.0 feet below the existing ground surface. The tests were conducted near the top of the gravel with cobbles and sand encountered in the test pits. Percolation rates in each of these test pits were well in excess of 8 inches per hour (in/hr) (80 in/hr for TP-2 and 93 in/hr for TP-5). PRELIMINARY OPINIONS AND RECOMMENDATIONS General It is our opinion that the site is suitable from a geotechnical standpoint for the proposed project. The preliminary recommendations contained in this report reflect our understanding of the subsurface conditions. The report recommendations reflect a straight-line interpolation and extrapolation of the subsurface conditions between and beyond the test pit locations. However, the soil conditions may vary at the proposed site. The variation in soil conditions will not be known until construction, and may eanse changes to construction plans and/or costs. Site Preparation/Earthwork We recommend that all test pits be accurately located in the field prior to site s~ppmg and/or construction. We also recommend the actual test pit locations be transferred to the grading and drainage plan in the construction documents, and a bid item created for re- excavation and refilling of the former test pits with structural fill. Any test pit that is located beneath a future pavement, sidewall or building area should he re-excavated and backfilled with structural fill that is placed and compacted in accordance with this report. This procedure will help to reduce local settlement. We recommend that all existing vegetation, such as grasses, brash and the upper 3 inches of topsoil with mots be completely removed fi'om the proposed building, pavement and adjacent sidewalk constxuction areas. Follow/ng the completion of the stripping and test pit remediation operations as described above, we recommend that the exposed clay subgrade be proofi'olled with a mimmum of five passes of a smooth-drum roller with a minimum drum weight of 5 tons. Any soft or unstable soils observed during the proofi'olling operation should be removed to stable undisturbed soil and he replaced with structural fill. We recommend that Strata be retained to observe the proofrolling operations to verify that all soft, unsuitable or unstable soil has been removed and replaced as recommended in this report, and that pmofrolling is accomplished as deSCribed above. GEOTECHNICAL ENGINEERING & M~TERIALS TESTI~G Propo~d Cooper Canyon Townhomo Development File: FINCItR-B011 lgA Page 4 After completing all of the stripping and proof-rolling operations, structural fill should be placed and compacted to building, sidewalk and pavement subgrade elevations. Structural fill should Consist primarily of imported soil classified as sand and/or gravel (GW, GW-GM, GP, GP-GM, SW, SW-SM, SP, SP-SM) as described in the Unified Soil Classification System (USCS) presented on Plate 3. Imported stmetural fill should have no more than 10% passing the No. 200 sieve and a maximum cobble size of 6 inches. The underlying clay, silt and sand from utility trench and seepage pit excavations is reusable as structural fill provided it is moisture-conditioned to optimum moisture content for compaction. The clay and silt is moisture sensitive and will be difficult to reuse during inclement weather. If unsuitable/unstable soil is encountered in building or pavement areas, then one way to stabilize these areas could consist of removing the unstable soil to 1 foot below the required subgrade elevation and coveting the remaining unstable/unsuitable so/l with a medium weight woven geotextile such as Contech C200 or Amoco 2002 and placing approved subbase material over the geotextile and compacting it with a heavy, smooth-dram roller operating in the static mode. If compaction of this lift of approved subbase cannot be achieved by the method described above due to subgrade instability, then the thickness of the compacted approved subbase may need to be increased to 18 inches to achieve subgrade stability. However, this thicker lift should be compacted in the vibratory mode. Structural fill should be placed above the stabilized surface to the required subgrade elevation in uniform, maximum ' ' · 8qnch-thick, loose hfis and compacted to a mn/mum of 95% of the maximum dry density of the soil, as determined by ASTM D 698 (Standard Proctor). This assumes that heavy compaction equipment such as a smooth-drum, vibratory roller with a minimum drum weight of 5 tons is used. The maximum loose lift thickness should be reduced to 6 inches where smaller and/or hghter compaction equipment is used. Strata should be retained to perform field density testing of structural fill to verify contractor compliance with the above minimum compaction criteria. Wet Weather/Wet Soil Construction We recommend that site construction be undertaken during dry weather conditions. If the site construction, particularly grading 0fthe native clay, is undertaken during wet peri,ods of the year, the clay will be susceptible to pumping or rutting when subjected to heavy loads from rubber-tire equipment or vehicles which exert a point load. Wet weather earthwork should be performed by low-pressure, track-mounted equipment that spread and reduce thc vehicle load. Work should not be performed immediately after precipitation. All soft and disturbed areas should be excavated to undisturbed soil and backfilled with sttoctural fill as recommended in the Site Preparation/Earthwork section of this report. Assuming the soil is wet and soft but not disturbed, the initial layer of fill placed over the native clay should be at least 12 inches in depth. Compaction of/he fill should be sufficient to preclude pumping oftbe underlying native clay. Areas adjacent to open excavations should be graded so that surface water cannot enter the excavation and saturate the soil at the bottom. In summary, careful construction procedures are paramount to a successful grading operation if the existing native clay is wet and soft. Consulting us prior to initiating this type of "~ ~OT~CHNICAL ENGINEERING ~ MATERIALS TEBTING Proposed Coop~ Canyon Townhoose Development File: FINCHR-B011 lSA Page 5 construction is recommended to maximize earthwork efficiency and achieve a well-performing, stable subgrade. Bearing Soil After completion of the stripping and removal operations described in the Site Preparation/Earthwork section of this report, the remaining, exposed native clay will provide adequate support for the proposed floor slab, sidewalk and pavement construction provided it has a minimum pocket penetrometer compressive strength of 1.5 tsf. Footings should be supported on native very stiff clay, cemented silt or structural fill placed over these native soils. The very stiff clay should have a minimum penela'ometer s~ength of 2.0 tsf for footings. We recommend that Strata be retained to observe the exposed native soil surface in all footing trenches, sidewalk, and pavement areas to verify that the stripping, removal and excavation has been accomplished to the recommended native bearing soil, that all soft or unsuitable soil has been removed as described above, and that all bearing surfaces have been prepared in accordance with this report. Foundations We recommend that shallow foundations be used to support the proposed townhouses. The following recommendations should be accomplished for all foundations: Strata should be retained to observe all footing excavations to verify that they have been excavated to the recommended bearing soil as described above, and that all bearing surfaces have been prepared in accordance with this report. Exterior footings should be located at least 24 inches below final, exterior grade to mitigate the effects of frost penetration. Mirdmum strip footing widths should be consistent with the Uniform Building Code (UBC). All loose soil or water in the bottom °f footing excavations should be removed, and the trench bottom over-excavated to undisturbed soil and the beating surfaces should be compacted, prior to forming and pouting footings. ff the above recommendations are accomplished, a maximum allowable beating value (ABV) of 2,500 psf could be used for the design of all building foundations bearing on the native, very stiff clay, cemented silt or structural fill placed directly over this soil. If the above bearing soil, site preparation, earthwork and foundation recommendations are accomplished, we anticipate total settlement will be less than 1 inch and differential settlement will be less than 1/2 inch per 25.0 feet of GEOT~CHNICAL ENGIt~EERING & MATERIALS TESTING Proposed Coopur Canyon Town,house Deve, lopn~nt File: FINCHR-B0111SA Page 6 wall length, or between similarly loaded footings that are not less than 25.0 feet apart. Floor Slab, Sidewalk and Pavement Areas We recommend that the following preparation and construction procedures be used for all floor slab, sidewalk and pavement areas: After completion of the recommended site preparation, including removal and slripping of surficial topsoil and test pit remediation' proofxoll the exposed soil surface in accordance with the Site Preparation/Earthwork section of this report. Grade and compact smactural fill to the required subgrade elevation in accordance with the Site Preparation/Earthwork section of this report. Place and compact 3/4-inch-minus, sand and gravel base course with no more than 8% passing the No. 200 sieve to a minimum compacted thickness of 4 inches in all floor slab and sidewalk areas. The sand and gravel base course will act as a leveling course and help distribute point loads. Compact the base course to a minimum of 95% of the maximum dry density of the soil in accordance with ASTM D 698 (Standard Proctor). If additional moisture protection is required beneath floor slabs-on-grade, a 10- mil polyethylene vapor barrier could be used beneath the floor slabs to reduce the migration of moisture through the slabs. The vapor barrier should be placed directly on top of the native subgrade or structural fill surface, and covered with a minimum of 4 inches of sand and gravel base course to help protect the banier from puncture. Provided the site preparation procedures are accomplished as described above, the following pavement sections are recommended for the proposed project: Access Road: 2.5"- Type III asphalt concrete top course 4.0"- aA-inch-minus, crushed sand and gravel base course 12.0"- Pit-run sand and gravel subhase course Automobile Parking Areas: 2.5"- Type III asphalt concrete top course 4.0"- X-inch-minus, crushed sand and gravel base course 8.0"- Pit-mn sand and gravel subbase course [3EOTECHNICAL ENGINEERING ~. MAYERIAL$ TESTING Proposed Coopex Canyon Townhouse Development Pile: FINCHR-B01118A Page 7 Trash Enclosure Areas: 6.0"- 4,000-psi compressive strength (at 28 days) portland cement concrete with a maximum 4-inch slump and 4% to 6% entrained air 4.0"- aA-inch-minus, crushed sand and gravel base course Note: We recommend that a curing membrane be placed on all fimsbed exterior concrete surfaces immediately after finishing. The curing membrane should be installed in accordance with the manufacturer's written instructions. Temporary Haul Road: 2.0 ~ Pit-run sand and gravel over a woven geotextile, such as Amoco 2006, Contech C300, or approved equivalent. * *The pit-mn sand and gravel could be incorporated into the permanent pavement subbase provided all gravel contaminated with fines have been removed, and this soil is placed and compacted as described for subhase in this report. The above-recommended pavemem section for the access mad is based on a subgrade structtunl support R-value of 5 for the native, surficial clay and estimated Traffic Index (TI) of 6.0. The maximum design life of the access road/automobile parldng area pavement is 20 years. The subbase should consist of 6-inch-minus, well-graded sand and gravel consistem with Idaho Standards for Public Work, Com'truction (ISPWC) Section 801 and with less than 10% passing the No. 200 sieve. The subbase should be compacted as described for structural fill in the Site Preparation/Earthwork section of this report. The base course should consist of 3/4-inch-minns, well-graded, crashed sand and gravel with less than 8% passing the No. 200 sieve and consistent with ISPWC Section 802. The base course should be compacted to at least 95% of the maximum dry density of the soil per ASTM D 698 (Standard Proctor). The asphalt concrete for the flexible pavement area should have material propeffies as specified in ASTM D 3515 and have a mix design with a maximum aggregate size between 3/4 and 3/8 inch. The asphalt concrete should be compacted as required by ISPWC Sections 809 and 810. We recommend that crack maintenance be accomplished in all pavement areas as needed and at least every three to five years to reduce the potential for surface water infiltration into the pavement section and underlying clay subgrade. Proposed Cooper Canyon Townlmuse Development File: FINCHR-B0111SA Page 8 Surface Grading and Drainage Site grading, including grading of all sidewalks and landscaped areas, should slope at a minimum of 2% away from the building, sidewalk, and pavement areas to prevent ponding and to direct surface runoff away from these areas. All runoff from downspouts, roof areas, paved areas, landscaped areas and other large volumes of stormwater should be directed and maintained away from the proposed and existing slmctures, and not be allowed to infiltrate the soil beneath sidewalks, floor slabs, paved areas or footings. All drainage should be directed to an approved discharge and/or collection facility, such as the proposed subsurface seepage pits. All seepage pit excavations should be observed by Strata, Inc. to verify that they have been excavated into the recommended uncemented sand and gravel percolation soil. The depth to uncemented sand and gravel is shown on Plate 2. Seepage pits Should be located a minimum of 25 feet away fi.om buildings. We recommend that stormwater infillration seepage pits be excavated into the underlying native, uncemented sand and gravel with cobbles at a depth of approximately 4.0 to 9.0 feet beneath the ground surface. The percolation test results indicate that the recommended gravel and sand that was encountered at the site below a depth of 4.0 to 9.0 feet has a percolation rate that is faster than 8 inches per hour as presented in the Subsurface Conditions section of this report. CONSTRUCTION OBSERVATION AND TESTING It is our opinion that the success of the proposed construction will be dependent on following the report recommendations, good construction practices and providing the necessary construction observation, testing and consultation to verify that the work has been completed as recommended. We recommend that Strata, Inc. be retained to provide observation, testing and consultation services to verify that the report recommendations are being followed. If we are not retained to perform the recommended services, we carmot be responsible for related construction errors or omissions. The recommended services are not included in this evaluation and would be billed on a time and expense basis. EVALUATION LIMITATIONS This report has been prepared to summarize our evaluation for the proposed Cooper Canyon townhouse development that is located south of Wilson Lane and east of Locust Grove Road in Meridian, Idaho. Our services consisted of providing professional opinions and reconunendafions in accordance with generally accepted geotechnical eng/neering principles and practices. This acknowledgment is in lieu of all warranties, either expressed or implied. The opinions and recommendations contained herein are based on the findings and observations'made at the time of our site explorations. If, at a later time, conditions are exposed which appear to be different from those observed during our field exploration and as described in this report, Smtta should be notified to consider the possible need for Proposed Coop~ Canyon Towahous¢ Development File: FINCHR-B01118A Page 9 modifications to the geotechnical recommendations presented herein. This report has been prepared exclusively for the use of the addressee for the project as described; we cannot be responsible for any other use of this report. The following plates accompany and complete this report: Plate 1: Plate 2: Plate 3: Appendix: Vicinity Map Site Plan Unified Soil Classification System Ct/SCS) Exploratory Test Pit Logs We appreciate the oppommity to assist you on this project. If you have any questions, please call. Sincerely, STRATA, INC. RD Bolg~r ~ StaffGeologist Daniel P. Gado, P.E. ~ Principal RDB/DPG/nm ~ ...... · A'aachments cc: Bany Semple- Toothrnan-Orton Engineering Co. GEOTECHNICAL ENGINEERING & MATERIALS TESTING SC~E [ ~-~ ~ ~ ~ ~ ~ VICINITY MAP 1 inch = 2000 ft. ~ ~ ~ ~ ~ ~ ~ ~ ~TEOHNICAL ENGINEERING I MATERI~TE~IN8 Reference: LT.D, Meridian City Map, Pile: PINCHR-B0110~A PLATE 1 / / / / UNIFIED SOIL CLASSIFICATION SYSTEM Major J Graph J Letter Divisions J S)cnbolJ Syrnbo Typical Names I (--/''I Well-graded Grovel, CLEAN 6 :~ GW Grovel-sand Mixtures. GRAVELS ' 0TM Grovel-sand ~ixtur~s. ORAVEES ORAVEES OM Sond-s,t Mixtures. Silty Gravel, Grovel- Clayey Grovel, Grovel- COARSE FINES aC Sand-olay blixtures. ORAINEI: We,-graded Sand. SOLES CLEAN SW Gravelly Sand. Poorly-graded Sand, SANDS SP Gravelly Sand. SANDS SANDS SM Sand-silt Mixtures. · ·e~.xx~e~ Clayey Sand, FINES SC Sand-clay Mixtures. Inorganic Silt, Sandy SILTS AND ML Or Clayey Silt. CLA~I~ Inorganic Cloy of Low GL To Medium Plasticity, UQUID UMIT Sandy Or Silty Clay. LESS 11'lAN 50~ OL Organic Silt And Cloy FINE of Low Plasticity. ORAINEE MH Inorganic Silt, Micoceous Silt, Plastic Silt. SOLES SILTS AND CLA~ ~x'x~ CH Inorganic Cloy of High UQUID UMITh.x'~x~.'~x.l~'x~xX'~ Plasticity, Fat Clay. ~-'~E~TER THAN L"x~'x.~"~x OH Organic Cloy of Medium 50~ To High Plasticity. PT Peat, Muck And Other Highly Organic Soils. SOIL CLASSIFICATION CHART rstandard 2-Inch OD Split-Spoon Sample California Modified 3-Inch OD Split-Spoon Semple Rock Core rShelby Tube 3-Inch OD Undisturbed Sample Ground Water At Time Of Drilling Ground Water After 24 Hours r.~ Baggie Sample Bulk Sample r~ Ring Sample Boring Log Symbols Ground Water Symbols Test Pit Log Symbols S T ~ ~ T ~ OEOTECHNICAL ENGINEERING & MATERIAL8 TESTING F~NCHR-BO11~SA PLATE; 3 APPENDIX W EXPLORATORY TEST PIT # 1 Cooper Canyon Meridian Residential Development File: F]NCHR-B01118A DEPTH SOiL (Feet) CLASS 0.0 - 2.7 CL 2.7-6.8 SM 6.8- 11.5 GW SOIL DESCRIPTION CLAY - brown, hard and dry to slightly moist, blocky and parting. Pocket penetrometer = >4.5 tsf. At 0.5 feet, 11% moisture, 86% passing No. 200 sieve. Plasticity Index = 20 and liquid limit = 40. Silty fine SAND - gray-brown, very dense to dense at 6.8 feet and moist to wet. Slight CaCO3 cementation in upper 2.5 feet. GRAVEL with coarse Sand and cobbles - tan, dense to very dense and wet. Note: Observation well installed. Excavated on September 12, 2001 Groundwater encountered at 9.3feet below the existing ground surface. Test pit terminated at l l. S feet below the existing ground surface. Samples taken at 1.5, 4.0 and S. 5 feet. ExcavationEquipment: CAT416C Logged by: RDB GEOTECHNICAL ENGINEERING & MATERIALS TESTING LIJ EXPLORATORY TEST PIT # 2 Cooper Canyon Meridian Residential Development File: FINCHR-B01118A DEPTH SOIL SOIL (Feet) CLASS DESCRII'TION 0.0 - 2.2 CL 2.2-3.5 ML 3.5 -4.0 ML 4.0,9.5 GW Silty CLAY- light brown, hard and dry. Pocket penetrometer = >4.5 tsf. Sandy SILT - brown, very dense and moist. At 3.0 feet 30.3% moisture and dry density = 78.4 per with 77% passing No. 200 sieve. SILT - dark brown with white striations, hard and moist. Moderately well cemented with CaCO3. Pocket penetrometer = 4.5 tsf. GRAVEL with cobbles and sand - orange-brown, very dense and moist to wet. Weak cementation in upper 0.5 feet. Percolation test at 5.5 feet = 45 seconds per inch (80 inches per hour). Excavated on September 12, 2001 Groundwater encountered at 8. S feet below the existing ground surface. Test pit terminated at 9. S feet below the existing ground surface. Samples taken at 1.5 and 3. O feet. Excavation Equipment: CA T 416C Logged by: RDB ILl EXPLORATORY TEST PIT # 3 Cooper Canyon Meridian Residential Development File: FINCHR-B0111SA DEPTH SOIL . (Feet) CLASS 0.0- 1.5 CL 1.5-4.0 ML 4.0-7.0 OW SOIL DESCRIPTION Silty CLAY - light brown, very stiff to hard and slightly moist. Pocket penetrometer = 3.5 to >4.5 tsf. SILT - dark brown with wh/te striations, hard and slightly moist. Pocket penetrometer = >4.5 tsf. GRAVEL with cobbles and coarse sand - orange-brown, very dense and wet to moist. Fine sand matrix in upper 1.5 feet. Note: Observation well installed. Excavated on September 12, 2001 Groundwater encountered at 7. O feet below the existing ground surface. Test pit terminated at 7. O feet below the existing ground surface. No samples taker~ ExcavationEquipment: CAT416C: Logged by: RDB S T ~ ~' T ~ GEOTECHNICAL ENGINEERING & MATERIAL~ TESTINEI Ltl EXPLORATORY TEST PIT # 4 Cooper Canyon Meridian Residential Development File: FINCHR-B01118A I)EPTtI SOIL SOIL (Feet) CLASS I)ESCRIPTION 0.0 - 2.0 CL 2.0-4.0 GM 4.0-8.0 GW Silty CLAY - light brown, hard and dry. Pocket peneu'ometer = >4.5 tsf. GRAVEL with cobbles - light brown, very dense and d~ to slightly moist. Silty fine sand matrix and moderately well cemented with CaCO3. GRAVEL with cobbles and coarse sand - brown, dense and moist to wet. Note: Observation well installed. Excavated on September 12, 2001 Groundwater encountered at 5. S feet below the existing ground surface. Test pit terminated at 8. O feet below the existing ground surface. Sample taken at 0.5 feet. Excavation Equipment: C~I T 416C Logged by: RDB ~EOTECHNICAL ENGINEERING & MATERIALS TESTING Ltl EXPLORATORY TEST PIT # 5 Cooper Canyon Meridian Residential Development File: FINCHR-B0111SA DEPTH SOIL (Feet) CLASS 0.0 - 2.0 CL 2.0-3.0 SM 3.0-5.5 ML 5.5-10.0 GW 10.0-10.5 SW SOIL DESCRIPTION Sandy CLAY - dark brown, very stiff to hard and moist to slightly moist. Pocket penetrometer = 2.5 to 3.0 tsf. At 1.5 feet 25,8% moisture and 64% passing No. 200 sieve. Plasticity index = 11 and liquid limit = 34. Silty fine SAND - brown, dense and moist. Pocket penetrometer = 2.5 to 3.0 tsf. SILT - dark brown to tan with striations, hard and moist. cemented to moderately cemented. Pocket penetrometer = 3.5 - 4.5 tsf. Highly ..GRAVEL with cobbles and fine sand- orange-brown, very dense and moist. Coarse SAND with cobbies and gravel - brown, very dense and moist to wet. Pemolation test run at 6.0 feet 93 inches per hour. Excavated on September 12, 2001 Groundwater encountered at 10.4 feet below the existing ground surface. Test pit terminated at 10.5feet below the existing ground surface. Sample taken at 1. O feet. Excavation Equipment: CAT 416C Logged by: RDB S T ~ ~ T ~ ~ GEOTECHNJCAL ENGINEERING & MATERIALS TESTING Uti UJ fl3 EXPLORATORY TEST PIT # 6 Cooper Canyon Meridian Residential Development File: FINCHR-B01118A DEPTH SOIL (Feet) CLASS 0.0 - 2.0 CL 2.0 - 3.5 SM/SC 3.5-4.8 ML 4.8 - 9.0 SM 9.0- 10.5 GW SOIL DESCRIPTION Silty CLAY - brown, hard and moist. Pocket penetrometer = 4.0 to >4.5 tsf.. Silty fine SAND with clay - brown, dense and moist. SILT - dark brown with thin sheets of tan, hard and moist. Pocket penetrometer = >4.5 tsf. Fine SAND with silt - brown, dense and wet. GRAVEL with cobbles and coarse sand - orange-brown, very dense and wet. Note: Observation well installed. Excavated on September 12, 2001 Groundwater encountered at 9.2feet below the existing ground surface. Test pit terminated at lO.S feet below the existing ground surface. No samples taken. Excavation Equipment: CAT 416C Logged by: RDB , ~ T ~ ~ T ~ GEOTECHNICAL EN(31NEERING & MATERIALS TESTING *dl~ _FRo _,~ct Took ~%~.qndow Hdp PHYSICAL LOCATION Plopert~Addre~.= I E ~qLSON LN I MERIDIAN ID 83S42-D00~ Group T.gpe De~crilthon I PLEASANT VALLEY SUB S e~lion/Tewn=hip/R ange PARCEL INFDRMATIDN ~1 Dekea~ I ~ Owner~ip Change ~ e Ca.c., DWNER INFORMATION ITUCr-.NEEE LAWRENCE R TRUST I Mailing Add[e~ [1621 E COU6AR CREEK DR [MERIDIAN ID 83842-0000 r j a~Add'l Info PARCEL VALUES A;~e~*'ment Roll Pmpert~' gccapano~ Sloth r'akegol~ CodelAcleageIA~e;;ed Value ValualiOnMethod I Tolal Pa[cai Value~ I 'a~,% ,~ ............... ,,,]~ a ....... Ul~; X[ '~ ' T a',~ble Amlc J 201.900 ~ll~StmtJ I~R3642540S1 I OUT OF CITY IVeilEYTC ['~ N~- I~P~ ~ ~:14PM AOA COUNTY REOOROER J. OAVIO NAVARRO 2000 OC 2'~ PH 12: L~ 7 lED' REQUEST OF AMENDED PERSONAL REPRESENTATIVE WARRAN'I%' DEED WARRENTY DEED. w .hl.~'~-wa-s'~ec'"'o'~de'" ~'on"~'~°~'~' ~-~ v.~. 0o.n ven,ns ument Number °°° m For no value received, LAWRENCE R. TUCKNESS, as Personal Representative of the Estate of LOIS ESTHER TUCKNESS, deceased, the Grantor, does hereby grant and convey unto LAWRENCE R. TUCKNESS, Trustee of the LARRENCE 1~ TUCKNESS TRUST, UTA April 13, 2000, hereinafter referred to as the "Grantee", whose mailing address is 1621 E. Cougar Creek Dr., Meridian, Idaho 83642, for no monetary consideration, the following described real property, situated in ADA County, State of Idaho, to- wit: ~ee I~bthit "A" which is attached hereto and incorporated y reference herein as if fully set forth, together with their appurtenances. TO HAVE AND TO HOLD the preraises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee shnple of said premises; that the premises are free from incumbrances. LAWRENCE R. TUCKNESS, as Personal Representative of the Estate of LOIS ESTHER TUCKNESS, deceased, will warrant and defend the same from all lawful claims wha~oever. The Grantor is the qualified Personal Representative of said estate. filed as Probate Number SP IE 0000206M, in ADA County, Idaho. Executed this / ~ day of October, 2000. LAWRENCE R. TUCKNESS Personal Representative of the Estate of LOIS ESTHER TUCKNESS, Deceased Client Number 00-04-04 T Personal Representative's Deed - Page 1 STATE OF IDAHO ] County of ADA ) On this { °04'day of October, 2000, before me, a notary public in and for said State, ~)ersonally appeared L&WRENCE R. TUCRNESS. known to me to be the Personal Representative and person whose name is subscribed to .the w/thin instrument, and acknowledged to me that he executed the same. iNotary Public ior Idaho; Residing at '~ _~ ~ , Idaho. Commission Expires: _ ~.l/i,yl'~.~o,:I Personal Representative's Deed - Page 2 EX}I/BP EXCEPT FOR T~E FOLLOWING PARCEL ~{IC~ BAS BEEN SOLD: Personal Representative's Deed - Page 3 F-J~IIBIT 'A' SUBJECT TO THE FOLLOWING EASEMENT: A porlfon of 1fie no~ quarter of me norlhwmst quattro-, of Sec~on 8, T~ip Personal Representative's Deed - Page ABA COUNTY REOOROER J. OAVIDNAVARRO .20ODOC 27 Ptil2:q7 RECORDED- REQUEST OF FEE-_~DEPUTY .~ 100086489 AMENDED WARRANTY DEED Pot no co~IderaUon, ~NCE ~ ~C~88, a s~e person, as ~e Gr~tor does hereby ~t, ~l~se, ~d convey ~to '.' .LA~WI~___N_CE R. TUCKNESS, Trustee, or his successors in trust . lAWRENCE R. TUCKNESS , of the 2000, a~d an TRUST, _U,/_T_/A dated .the 13th day ofA ril Y amendments thereto as the Granme, P ' whose current address is 1621 E. Cougar Creek Dr., Meridian Idaho 83642 the following described premises, in ADA County, Idaho, to-w/t: See Exhibit "A' whtah is attached hereto and incorporated by reference herein as ~f fully set forth. together with their appurtenances. hereby covenant to and ~m~h ~:~,~o~r_e~r: ,~..a .t~l~e saia urantor does · --- ..... o~,u ,~rantee, mai ne i · simple of smd nremises, o, ~h ..... ~__ ~ . , s the owner m fee · ~ , th~- u~%v ~uc x£ce ~rom Lrlcl~'Tlora_qces and ~ warrant and defend the same from all lawful claims whatsoever,that he DA;lED this / ~ day of October, 2000. LAWRENCE R. TUCKNESS STATE OF IDAHO ) : SS. County of Ada ) On th "~--~{~'~ said ~'~ is l~th~ay of~, 2000, before me, a notary public in and for am~e, personany appeared LAWRENCE R. TUCKNESS, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same, ~'--~_. ~-~, : ~-----~~ Notary Public in/nd for Idaho Residing at Boise, Idaho. My commission explres:4/~2~/200~. EXCEPT FOR THE FOLLOWING PARCEL WHICH HAS BEEN SOLD: Warranty Deed - Page 2 ©2000 Ora.ham Law Office, P.A. SUBJECT TO THE FOLLOWING EASEMENT: A porlton of ~e northwest quarter of ~e northwest quarter of Sect]on 8, Township 3 Norlh, Range I East, BoL.~e Me~cllan, Ada Cota-tty, Idaho, being more partlcula..ty described as follows: C~mmen~ng at the n=rttw~eat COmer of aaJd Section 8, which Ilea N89'59'16'W, 2,652.65 feet fr~rn ~e nor~ quarter comer of said Section 8: thence SSg,=59,16,.E, 1,0~7.44 feet (previously described as 1,037.55 feet) along Uqe norttlerty boundary of Said Section 8 to ttte northerly extension of the westerly boundmy of Lot 7 c3f Pleasant Valtey Subdivision, as si'town on the offic~aJ plat flqereof o~ file in the office ~ the Ada County Recorde~, tttaqce S00'1g'14"W, 455.00 feet aJong Ihe westerly boundary extended and file westeliy bounder/of said Lot7 to the centerline of Wilson Lane and to the Rea/Po/~' Thellce ~tg'~-ag'lS, E, 246.65 feet a]oncj a line parallel to the nor~erty boundary of said Section e; Th~ .S0(Y'lg'14'W, 2B,O0 feet along & line parallel to ~ wesm~ bo~.~da~y of said Lot 7; Thence N89~g- ,16qN :~48.65 feet aJong a line parallel to the Thence N(30~ 9'14~, 28 00 feet aJong ~le westerly bounda~, of said Comprising 8,g06 square feet, more or less. Warranty Deed - Page 3 ©2000 Graham Law Office, P.A.