HomeMy WebLinkAboutVerona Subdivision No. 3 PP
GENERAL INFORMATION
1. Name of annexation and subdivision: Verona Subdivision No.3
2. Address, general location of site: Northeast comer ofN. Ten Mile Road and W. Milano
Drive - Section 26. TAN.. RI W.. B.M.. Meridian. Ada Countv. Idaho
Owner(s) of record: E. 1. and Shirlev G. Bews
Address: 5204 N. Sorrento Circle. Boise. Idaho 83704
Telephone: N/A Fax: N/A E-mail:
Applicant: Primeland Development. LLP
Address: 660 E. Franklin Road. Suite 110. Meridian. ID 83642
Telephone: 888-3340 Fax: 888-3323 E-mail: N/A
Engineer/Planner: Kathv StroscheinlBeckv McKav Firm: Engineering Solutions. LLP
Address: 150 E. Aikens Street. Suite B. Eagle. ID 83616
Telephone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckvm@awest.net
Name and address to receive City billings- Name: Same as Applicant
Address Telephone:
3.
4.
5.
6.
. CITY OF MERIDIAN .
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
,..,
.' ~
.!zõ~~' ~.?
~~.
REOUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT
(RE: Meridian Subdivision Ordinance -12-3-1 thru 12-3-6)
N/A
PRELIMINARY PLAT FEATURES
1.
2.
3.
4.
5.
6.
7.
8.
9.
Acres:~
Number of building lots: 6
Number of other lots: 0
Gross density per acre: N/ A (Number of dwelling units per acre of total land to be developed)
Net density per acre: N/ A (Number of dwelling units per acre of land excluding roads)
Zoning District(s): Existing: R-8 (PO) Proposed: R-8 (PO)
Does the plat border a potential green belt or pathway? No
Have recreational easements been provided for? No
Are there proposed recreational amenities to the City?
Explain:
No
10.
Are there proposed dedications of common areas? No
Explain
11.
For future parks? No Explain
What school(s) service the area? N/ A Do you propose any agreements for
future school sites? No Explain School District has not indicated a school is
needed in this area. and this development does not impact school populations.
Are there any other proposed amenities to the City?~Explain
12.
13.
Type of building (residential, commercial, industrial, office or combination) office
14.
Type of dwelling(s) (single family, duplexes, multiplexes, other): N/A
Rev 11/03/03
15.
Proposed develop4features: .
a. Minimum square footage oflot(s): In accordance with Ordinance
b. Minimum square footage of structure(s): N/A
c. Are garages provided for? N/A Square footage: N/A
d. Has landscaping been provided for?~Describe: In accordance with
approved plan and CitY Ordinances.
Who will own and maintain the pressurized irrigation system in this
development? Bridgetower Crossing/Verona Subdivision Owners'
Associations
Irrigation District: Settlers' Irrigation District
Are any lots intended for multi-family dwellings? No
e.
f.
Type:
g.
Are there special set back requirements?
No
Explain:
16.
h. Were protective covenants submitted? Yes Date: /.7!¡¡!o,,/
Does the proposal land lock other property?~Does it create Enclaves? No
STATEMENTS OF COMPLIANCE
1.
No new public streets are proposed with this project. All sidewalks will be constructed in
accordance with City Ordinance.
Proposed use is in conformance with the City of Meridian Comprehensive Plan.
Development will connect to City services.
Development will comply with City Ordinances as approved through the
Planned Development.
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.
2.
3.
4.
5.
6.
7.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements.
u&J~A.~
Applicant' '->
".... 1" 100.
ewo.o'" OB/191O4
'OBI7
10F1
VICIN
I4OB17.APR
,.
f~:l ~:~~C
:-""iJ~
! :="lt~'l{f
¡ :1~:t:{
:i : ¡
. (,t..--
§f§
W. McMILLAN ROAD
,
_____--f----J
N
t
nn_------
VERONA SUBDIVISION NO.3
LOCATED IN THE SW 114 OF SECTION 26, TAN., R.1W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
~GINEER1NG
-SOLUTIONS
LLP
aKa
1/2 MILE VICINITY MAP
"" """ "RE". '"I'"
EAG". "AHO "'"
"",M'~"~- '~I~"""'"
Dee 03 04 12:53p
ldah.surve~: Group
(208J 84-5399
,
"'- _"drigh<~f-LN<>rth ""03"1" Wo<, 31L34 roo"
Thence 90.54 feet along the Lc of a curve to the left, having a radius of 827.00
feet, a central angle of 6° 16'22", and a long chord bearing North 85°11 '32" West, 90.50
feet; I
Thence 50.48 feet along the arc of a curve to the right, having a radius of 193.00
feet, a central angle of 14°59'10", 11 d a long chord bearing North 80°50'09" West, 50.34
feet;
Thence 105.55 feet along th9 arc ora curve to the left, having a radius of336.00
feet, a cenlral angle of 17°59'57", and a long chord bearing North 82°20'32" West,
105.12 feet to the Point of Beginnini, Containing 4.65 acres, more or less.
p.3
__"œ
~_œ.-
.... ....... "
=:=.:'..
~ ~::!.:::
!i3dõi3iãå
O~O~3~~O"'3NMO
,--=,\
\
, I
I!
il
~,
"I
"
I ' , I
P"IIII,tlll
Iii II IIIII
UlIHm!ul
I fltl: I ¡ ì1:
¡It! !I'(I~
,i 'I"I!
linlh~hd
I: III:: II
i : : II
'. ': :~~ ~->Ix
'I : I:: I \ ~
I ::1 I
l\f1d ^""NI"n3"d ! ~ - UJ
"'-~~"""""""""""'", ~ t~ ;: a:
1/ .ON NOISIAIcumS I' . . 0.. i
VNO1I:iIA i ¡ ~
-II
lak
"G:ö
UI~
a'
;1.
.. h
I~
~f. ~
i; :t-
'II!~ III
mm
IIml
~Ihm
rIm!
111m
mm
1m..
i~]m
II
.II
i!
.
«--=--C< . ¡
.
.
STATEMENT OF DEVELOPMENT FEATURES
Primeland Development, LLP, hereby applies for Preliminary Plat approval consisting of 6
buildable lots on 4.65 acres ofland located at the northeast comer ofN. Ten Mile Road and W.
Milano Drive. The land is zoned R-8 and was approved for office space under a Planned
Development. The site is currently being platted as Verona Subdivision No.2; this request will
resubdivide the previously approved three-lot configuration into six lots. The applicant believes the
smaller lots will be more marketable to potential buyers.
The applicant's preliminary plat approval request is for 6 office building lots. The mininlum lot size
of7,OOO square feet is proposed, as per City Ordinance.
Due to the number oflots, and 1he fact that a traffic study was done on the entire area, Ada County
Highway District is not requesting that a traffic study be prepared. With improvements required by
Ada County Highway District, all roadways will be able to accommodate the increased traffic
generated by this subdivision.
A pre-application meeting was held on October II, 2004, with Anna Canning and Brad Hawkins-
Clark in attendance.
I, Shari Stiles, certify that the property will be posted at least ten (10) days before each public
hearing and affidavits of posting will be provided.
~
Shari Stiles
.
.
'~l~==-~==~-~ ~ "= ~
~~--
'S. ,;,~ . ..RECOROEO-REQUESTOF .
.\0.0.. CDUN. TV RE . .?2:i~'
J DAVID NAVAR 0 .
""0<. In.\Nn. EE
1999 JA 28 PH 2: 3~ ~,":co--, 9 9 0 0 8 5 2 I
PIONEER TITLE COMPANY
Of AOA COUNTY
8151 w. RiOeman Ave I Boise. Idaho 83704 I (208) 377.2700
PIONEER TITlE
WARRANTY DEED
(INDIVIDUAL)
PAID BY AN ACCOl!MODATOR PURSUANT TO AN IRC 51031 EXCHANGE,
FOR VALUE RECEIVED I THE JAMES FAMILY LIMITEO PARTNERSHIP. A.~ IDAHO LIMITEO
PARTNERSHIP
Gramor s , do hereby grant. bargain. sell and coovcy onto
Husband and lIife.
E.L. BEWS and SHIRLEY G. BEllS.
the Gran... s . whose cumDuddrcss is: 5204 SORRENTO CIRCLE. BOISE. 10 83704
the following described real property in ADA. County. S..,eofldaho, morcpanieu1arydesc:ribed as
follows,to-wi1:
THE I1EST HALF OF THE S01JTHllEST QUARTER OF SECTION 26. TOIINSHIP 4 NORrn. RANGE
1 IIEST OF THE BOISE MERIDIAN. ADA COUNTY, IDAHO.
EXCEPT THE EAST 20 FEET TO THE SOUTH 45 FEET THEREOF.
ALSO E¡¡CEPT THAT PORTION LYING IIITHIN MCMIUAN ROAD AND TEN MILE ROAD.
SIIIIJI!Cr 10: THAT CERTAIN MORTGA1Æ DATED JULY 31, 1996. AND RECORDED
AUGUST 1. 1996. AS IIISmullENT NO. 96064628. lIECOIIDS OF
ADA COUNTY. IDAHO, WIeR MORXG~S IIE1IEIN
ASSIIIIE AND AGREE TO PAY ACCORDIN IEkkS AND
CONDITIONS
ACKNOWLEDGED IIY:
E. L. BEllS
~/'~
TO HAVE AND TO HOLD do: said premises. with their appUl1Cl1ances unto lite said GranIce -- ~cirs
and as,;gns fo....... And tlu:saidGræuor odo hcrebycovc.an"oandwilh Ihc said Gran'cc s, IlteGlæuor s arethe
owner s in fee simple of said pn:mises: that said premûes are free from all cocumbrances. EXCEPT those to w~ich Ibis
conveyance is expressly DWIc subject and those matIco suffered or done by !he Grantee s and subject to reservations.
...uicúons. dediauions, cas_, ri8bIs of way and agreemems, (if any) of record, and g- ..... and assessmonlS.
(includes irrigatioo and milRy asSCSSJDCIUS. (if any) for the current year. which are ..t yet due and payable. and that Grantor s
will wanam and defend the same from all lawful claims whatsoever.
Dated: January
26, 1999
I J
I
I
~~j/ja-P",./
VERNE G. J~. PARTNER
srATEOF
IDAIIO
,S$.
IIDA
. County of
JANUARY
RK
N. J S LAVERNE G. JAMES AND LARR D.
eñtWl4Uò of the partners in a partnership. of
IP
and th \I n partners who subscribed said partnership name to the foregoing
instTum ~~ t to me that he ~~e in Said._partn~
a.m'" .. loI..i4;... I" Notary Pubh ~Á ,......",.¿"~
:~m;..;.'.";"'"'-"".""
Residing at: MERIDIAN, IDAHO
COHIIISSION EJCPlRES: JANUARY 23, 2002
.intheyearof 1999 .befoœme
. . notary public,
JAMES
-J'"",. CL\'"
2'/ "1/'4-
.
.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
)
) ss
)
COUNTY OF ADA
I, Ed Bews, 5204 Sorrento Circle, Boise, Idaho 83704, being duly sworn upon oath, depose and
say:
That I am the record owner of the property described in the attached application material, and I
grant my permission to:
Becky McKay
Engineering Solutions, LLP
to sign and submit necessary applications pertaining to said property.
""'" thß /1 ~ drj of ~
,2004.
~
..."....",,#
~""""'\:"CA L. " "#.~,
~ ....~ ........ ~"..."
.. ~v .° '. ,..- ~
f 4;( ~~~~;..\À \
\ \ "lTBL'C J
'\ <1).'0. 00° I
'\>,,'" ~........." ~O ~
'.,..."il OF \1) ~...."..
."",....".-
SUBSCRIBED AND SWORN before m
5
Dee 03 04 12:53p
1dahllfurve~ Group
{208J .4-5399
p.2
i
IDAHO
SURVEY
GROUP
1450 EaStWatertower St.
Suite I SO
Meridian, Idaho 83642
Phone (208) 846.8570
Fax (208) 884-5399
i
[
I
[
I
Ver~na Subdivísion No.3
I
Lots 37, 38, and 39, Block 310fverona Subdivision No.2, as same is recorded in
Book of plats at Page, 'fcords of Ada County, Idaho, and lying in the SW Y.
of Section 26, TAN., RIB., B.M., A.da County, Idaho, more particularly described as
follows: Commencing at the come~ common to Sections 27, 34, 35, and the said Section
26, from which the Y. comer common to said Sections 26 and 27 bears North 00°21 '49"
East, 2644.39 feet; Thence North Oq021 '49" East, 952.45 feet; Thence South 89°38'11"
East, 109.00 feet to the Southwest corner of said Lot 39 and the REAL POINT OF
BEGINNING. I
i
Thence North 00°21 '49" Ea~t, 298.79 feet;
I
Thence North 86°59'30" E~ 179.31 feet;
I
Thence North 87°46'07" E~ 65.07 feet;
I
Thence South 89°38'11" EaSl' 195.00 feet;
Thence South 85°35' 17" Eas ,59.18 feet;
Thence South 78°17'08" Eas¡, 60.00 feet;
Thence South 75°12'20" BasI, 80.92 feet to a point on the West right-of-way of
N. Cortona Way; I
Thence 275.25 feet along sai~ right-of-way and the arc of a non-tangent curve to
the left, having a radius of625.00 fe¿t, a central angle of25'14'00", and a long chord
bearing South ]2°57'43" East, 273.06 feet;
I
Thence South 00°20'43" West, 45.71 feet;
Thence 13.84 feet along the Jc of a curve to the right, having a radius of 475.00
feet, acentra1 angle of 1°40'11", andla long chord bearing South 1°10'49" West, 13.84
feet;
Thence South 49°58'47" we¡, 29.71 feet to a point on the North right-of-way of
W. Milano Drive;
[
December 3, 2004
Project No. 04-322
Professional land Surveyors
. ~
RUR ~UUNI Y I\~CUI\Utfi J, DAVID NAVAflflO 7
BOISE IDAHO 04115103 10:50 AM
DEPUTY Kris Vaughn .
~I~~~~~ED-REQUEST OF Imllllllllllllllllllllllllllllllill
AMOUNT 21.00 103062005
SUPPLEMENTAL , l)J:!;l.a':AKiU J.V1'>¡ VI'
COVENANTS, CONDffiONS, AND RESTRICTIONS
FOR BRIDGETOWER CROSSING SUBDIVISION NO.2
.
'7
THIS SUPPLEMENTAL DECLARATION is made on this ¡J..lh day of April,
2003, and shall be effective the date it is recorded in the records of Ada County, Idaho.
It is made by Primeland Development Company, 1.1.P., an Idaho limited liability
partnership, which is hereinafter referred to as "Declarant."
Recitals
Declarant is the owner of certain real property situate in Ada County, Idaho,
hereinafter referred to as the "Supplemental Property," which is more particularly
described as follows:
Lot 44 in Block 1; Lots 2 through 27 in Block 5; Lots 1
through 23 in Block 6; Lots 1 through 20 in Block 7; Lot 1 in
Block 8; Lot 1 in Block 9; and Lots 1 through 3 in Block 10;
all in Bridgetower Crossing Subdivision NO.2, according to
the official plat filed in the records of Ada County, Idaho, as
Instrument No. 103039561, at Book 86 of Plats,' Pages 9641
through 9643.
Declarant previously platted Bridgetower Subdivision NO.1, and caused certain
covenants, conditions, and restrictions to be placed against all lots in Bridgetower
Subdivision NO.1, all according to a "Declaration of Covenants, Conditions, and
Restrictions for Bridgetower Subdivision NO.1," which Declaration was recorded as
Instrument No. 101124464, official records of Ada County, Idaho, and is hereinafter
referred to as the "Initial Declaration"; and,
The Initial Declaration provided for the annexation and integration of future
Bridgetower Crossing Subdivisions in a manner such that the covenants, conditions, and
restrictions of the Initial Declaration would also run with the land and lots included as
Supplemental Property, subject to Declarant's right to make Modifications to the
covenants, conditions and restrictions of the Initial Declaration as they pertain to the
Supplemental Property, and to accomplish this by means of this Supplemental
Declaration.
SuJJulemental Declaration
Therefore, Declarant hereby declares that (1) all of the Supplemental Property
shall be annexed to the property described in the Initial Declaration; and (2) all Owners
of Residential Lots within the Supplemental Property shall become Members of the
Bridgetower Owners Association, LLC ("Association"), and shall be subject to the rights
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDMSION NO, 2 - Page 1
.
.
and duties of Association membership; and (3) Owners of Commercial Lots within the
Supplemental PrDperty shall not be members of the Association, but shall still have
maintenance and use obligations as identified in this Supplemental Declaration; and (4)
the Supplemental Property shall be subject to all of the easements, conditions,
covenants, restrictions, and reservations that are set forth in the Initial Declaration,
except as to specific additions, changes, and deletions (hereinafter "Modifications") as
are described in this Supplemental Declaration; and (5) the Initial Declaration, as
modified by this Supplemental Declaration, shall constitute covenants, conditions and
restrictions that shall run with the land described herein as the Supplemental Property,
and shall bind all persons taking title from or through the Declarant to any lot within the
Supplemental Property, and shall inure to the benefit ofthe Owners of the Supplemental
Property in the manner set forth in this Supplemental Declaration.
Modifications to Initial Declaration
The following Modifications to the Initial Declaration are intended to be separate
and peculiar to the Lots within the Supplemental Property:
1.
Bridgetower Subdivision NO.1 References.
(a) Generally. Where applicable, and except for those specific changes
that are noted in these Modifications, definitional and general references to Property
described in the Initial Declaration shall be deemed to be definitional and general
references to the Supplemental Property.
(b) "Lot" or "lot" in the Supplemental Property shall refer to any plot of
land in the recorded plat of Bridgetower Crossing Subdivision NO.2, according to the
official plat thereof, records of Ada County, Idaho. However, Lots in the Supplemental
Property are more particularly identified as either Common Area Lots, Residential Lots
or Commercial Lots and there are different rights, restrictions, uses and duties
applicable to Residential Lot Owners than there are for Commercial Lot Owners. The
Commercial Lots in the Supplemental Property are Lots 1 through 4 in Block 6, and Lot
3 of Block 10 of the Plat. All other Lots in the Supplemental Property, except those Lots
designated as Common Area Lots, and Lot 1 in Block 10 (which shall be conveyed to the
City of Meridian, Idaho), are designated as Residential Lots.
(c) The "Common Area" or "Common Area lots" in the Supplemental
Property and one special use lot, and their respective uses are more particularly
described in paragraph 7 to this Supplemental Declaration.
2. Commercial Lot Owners' Relationship with Association. Commercial Lots
may be developed and used only for those commercial purposes as allowed by the
building and zoning ordinances of the City of Meridian in place at the time of the
construction of buildings to be placed on Commercial Lots and those other building and
use restrictions imposed by Declarant in this Supplemental Declaration as are more
fully set forth in paragraph 4 below. Uses allowed for Commercial Lots shall not be
applicable to Residential Lots.
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDMSION NO.2 - Page 2
.
.
Additionally, Owners of Commercial Lots shall not be Members of the
Association and shall not be liable to pay Membership assessments imposed upon
Residential Lot Owners by the Association. Nevertheless, Commercial Lot Owners shall
have a direct obligation to pay the Association (or its designated agent) a pro-rata share
of certain maintenance and use expenses as follows:
(a) Those expenses related to the Association's maintenance of Lot 5 in
Block 6, and Lot 1 in Block 9, and Lots 1 and 2 in Block 10 of the Supplemental Property,
and the maintenance of that certain landscape easement strip that encumbers each of
the Commercial Lots as indicated on the Plat of the Supplemental Property, provided
that the Association (or its designated agent) maintains that landscape easement strip as
a part of general landscape provided by the Association to its common lots or common
areas.
(b) Those charges for pressurized irrigation water delivered to each
respective Commercial Lot and expenses for the maintenance of the Pressurized
Irrigation System that operated by the Association or its Service Provider on a pro-rata
basis with the Residential Members.
(c) "Pro-rata" share shall mean a reasonable division of expenses based
upon the ratio of the amount of land maintained in the Commercial Lot as compared to
the amount ofland maintained in the Residential areas.
3. Residence Lot Size Limitations. In addition to meeting all of the
requirements of the Residence Construction provisions of paragraph 2.2 of Article Two
of the Initial Declaration, Residential Lot Owners in the Supplemental Property shall
also comply with each of the following requirements:
(a) All residences constructed on a Residential Lot within the
Supplemental Property shall contain a minimum of 1,400 square feet, excluding the
square footage of the garage.
(b) The bottom of all building footings shall be a minimum of 12 inches
above the established normal high groundwater elevation.
(c) Setbacks shall be as follows (unless more restrictive setbacks are
imposed by the City of Meridian at the time of application for a building permit):
(1) Front - 20' or 15' with Non-Front Entry
(2) Garage, Interior Side - 5' for single story and 7' for two story
(3) Rear - 15'
4. Building and Landscaping Requirements for Commercial Lots. Each
Owner of a Commercial Lot, including any contractor, builder, or agent for an Owner,
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDIVISION NO.2 - Page 3
.
.
intending to construct a commercial building on such a Lot, shall do so only if the
following conditions have been met:
(a) Each Owner, or the contractor, builder or agent acting on behalf of
the Owner, has first submitted an application for construction authority to the
Commercial Architectural Control Committee ("CACC"), together with any required
application fee, and has thereafter received written approval from the CACC. The
application form shall include a complete description of the plans for the main building,
any outbuildings, and landscaping plans.
(b) No building or improvement shall be constructed unless the Owner,
including any contractor, builder, or agent acting on behalf of the Owner, has first
obtained a building permit from the City of Meridian and any other governmental
agency with jurisdiction over commercial construction on a Lot, in addition to CACC
approval.
(c) All construction, including permitted outbuildings, shall strictly
follow all of the covenants, conditions, and restrictions in this Supplemental
Declaration, including all requirements established by the CACC as a part of its written
approval.
(d) Declarant shall be entitled to appoint a member or members to the
CACC or to form and entity to manage the duties and administer the rights of the CACC
in the same manner as the Declarant is entitled to do so for the formation and
operations of the ACC in the Initial Declaration.
5. Parking and Access. Each Commercial Lot Owner shall provide proper
access to and from his Lot and shall create an adequate parking area for the necessary
uses and purposes of that Lot, including the uses and parking purposes of his customers,
invitees and service vendors, all according to the requirements of the City of Meridian.
Access to each Commercial Lot is provided from a public street, W. Belltower Drive, by
means of a shared cross access easement which runs along the east boundary of Lots 1,
2, 3, and 4 of Block 6, and Lots 1 and 3 of Block 10 as is further noted on the Subdivision
Plat. The following rules shall apply to the use and maintenance of this shared cross
access easement:
(a) The only permitted use for this shared cross easement is to facilitate
ingress and egress to and from each Lot for the Commercial Lot Owner's customers,
invitees and service vendors, to and from W. Belltower Drive. No Commercial Lot
Owner shall permit any other use, including but not limited to parking uses, refuse
storage and business activity.
(b) Each Commercial Lot Owner agrees that any other Commercial Lot
Owner, including his customers, invitees and service vendors, may use the shared cross
access easement located on any respective Commercial Lot for the permitted use.
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDMSION NO.2 - Page 4
.
.
(c) Declarant has paved this shared cross access easement and
provided curb and gutter along its east boundary. Each Commercial Lot Owner agrees
to provide maintenance, and all other improvements, to that part of the easement
located on his respective Lot, including but not limited to removing trash or debris, and
repairing pot holes or other damage to the surface paving and all expansion, curbs,
gutters, or improvements. In the event any Commercial Lot Owner determines that it is
time to repave the surface paving on his Lot or another Lot affecting his use of this
shared cross easement, that Commercial Lot Owner shall first try to reach an agreement
with other Commercial Lot Owners to share equally in the cost for paving the entire
shared cross access easement or that portion that should be repaved. In the event
Commercial Lot Owners cannot agree, a requesting Commercial Lot Owner may submit
the issue to the CACC for binding arbitration, or if the CACC is not operating or declines
jurisdiction, then the matter shall be submitted to binding arbitration before a group of
three persons, two of which shall be in the business of street and surface paving.
6. Fences. Paragraphs 2.5 and 2.6 of Article Two of the Initial Declaration
are not applicable to the Supplemental Property. In lieu thereof, all fences on or
adjacent to Residential Lots in the Supplemental Property shall be provided and
permitted only in the following manner and shall be subject to the following conditions:
(a) Declarant shall construct and install the only type, style, and
location of each fence permitted on all Residential Lots in the Supplemental Property.
Generally, Declarant intends to provide a uniform type of vinyl fencing for every
Residential Lot in the Supplemental Property. The initial cost of providing each
Residential Lot with this uniform fence (the materials, including Declarant's choice of
standard gates and style of installation) shall be the sole and separate cost of the
Declarant, and shall be a part of the purchase price of a Residential Lot. Declarant shall
be entitled to delay the final installation of a Residential Lot Owner's fence until a
residence is fully constructed on the affected Lot.
(b) Once a Residential Lot fence is installed by Declarant, then all
maintenance and any replacement of that fence shall thereafter be the sole and separate
cost and responsibility of each respective Lot Owner. Neither the Declarant nor the
Association shall have any responsibility for the maintenance or replacement of any
installed fence after it is initially provided for by the Declarant.
(c) Declarant may, at its sole and separate election and cost, provide
uniform style fencing on or about or around any Common Area lots or the special use lot
located within the Supplemental Property, subject to any restrictions and requirements
of that certain Development Agreement recorded as Instrument No. 100079863, official
records of Ada County, Idaho. Once common area fences are provided by Declarant, the
responsibility and cost of maintenance or replacement of these specific fences shall be
the sole and separate cost of the Association, and shall not be the responsibility of
Declarant.
(d)
Fences are not permitted on Commercial Lots.
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDmONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDMSION NO.2 - Page 5
.
.
7. Common Area Lots in Supplemental Property. The Common Area lots in
the Supplemental Property shall be conveyed to the Association subject to all easements
and restrictions reflected on the Plat and by this Supplemental Declaration. The
Association shall maintain and operate these Common Areas and Common Area lots in
the same manner as it maintains and operates all Common Area lots in Bridgetower
Subdivision NO.1, and in the manner set forth in the Initial Declaration. The Common
Area Lots in the Supplemental Property shall be available for the mutual use and benefit
of all Members of the Association. The Common area Lots .in the Supplemental
Property and their intended uses are as follows:
(a) Lots 13 and 14 in Block 5 and Lot 5 in Block 6 are non-buildable lots
to be owned and maintained by the Association for landscaping, pedestrian access, and
drainage, and shall be subject to the easements and restrictions set forth on the Plat.
(b) Lot 44 in Block 1; Lots 3,12, and 23 in Block 5; Lot 1 in Block 8; and
Lot 1 in Block 9; are non-buildable lots to be owned and maintained by the Association
for landscaping, public utilities, the pressurized irrigation system, drainage, and
pedestrian access.
(c) Lot 2 in Block 5 is a non-buildable lot to be owned and maintained
by the Association encumbered by an easement for the Creason Lateral.
Cd) Lot 2 in Block 10 is a non-buildable lot to be owned and maintained
by the Association encumbered by an easement for the White Drain.
Ce) Lot 1 in Block 10 is a specific use lot that shall be conveyed to the
City of Meridian. The City of Meridian shall use this Lot solely for the purpose of
locating and operating a domestic water well and constructing a pump house necessary
to distribute domestic water. Neither the Association nor Declarant shall have any duty
or obligation to construct the well or the pump house on this special use lot, nor to
maintain those improvements. However, Declarant shall be entitled to landscape this
Lot in a manner that is consistent with the landscaping on the adjacent Commercial
Lots, and thereafter, the City of Meridian or the Association, at the election of Declarant,
shall maintain the landscaping placed on this Lot.
8. Integration of the Initial Declaration. In all other respects, the covenants,
conditions and restrictions set forth in the Initial Declaration are adopted and made a
part of this Supplemental Declaration.
IN WITNESS WHEREOF, the undersigned Declarant has executed this
Supplemental Declaration of Covenants, Conditions, and Restrictions the day above first
written.
PRIMELAND DEVELOPMENT COMPANY, 1.1.P.
rfLgA.~
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDMSION NO.2 - Page 6
~
.
.
By: Frank Varriale
Its: Managing Partner
STATE OF IDAHO)
County of Ada
: ss.
)
On this }Ji"lh day of April, 2003, before me, the undersigned, a Notary Public
in and for said State, personally appeared Frank Varriale, the Managing Partner of
Primeland Development Company, 1.L.P., an Idaho limited liability partnership, known
to me to be the person who executed the within and foregoing instrument for and on
behalf of said limited liability partnership, and acknowledged to me that said limited
liability partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
"""""""""
"" '(,'1 coo -'-"'"
,".;:.~,...."".I\J¡."
:: "<-",,, '" -' -",
I ... OT!\Æ'- 0,,; ';;
&*i~" ¡':.¡,~
~ " PUB'\'" i i
';. if' ", 0'" c, .0"
""<, ~-1 ',....."" .¡.~' ,-c,
-'" 1'/3 OF \'V ./
",...";..,,,..,
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR BRIDGETOWER CROSSING SUBDIVISION NO.2 - Page 7
BlOLOG t~JEA. ~~E~~~I~~~~~~~SW.~;UALITY
RESOURCE PLANNING . SITE INVESTIGATION
Glen I I. Logan 623R
Hadey R. Nnc 5740 N.
Dci" Bnise.Idaho 83709 Phone (203)672-9213 FAX: (20S}6'2.'i214
Way lloise. Idaho, 83713 Phone & FAX: (208) 9JcH(,I!2 Cell. e,i" ö5'.'-1'i26
November 3, 2003
Frank Varriale,
Primeland Development Co.
660 E. Fl'aDklin, Suite tt H;
Meridian, ID 83642
RE: Verona 2003 monitoring report
Attached is a table with the monitoring resuIts for the Verona Subdivision Iocated north
of McMillan Road and east ofTen Mile Road. Three test holes were installed in
December 2002. Four were installed on May 7, 2003. An existing monitor tube on the
corner of the 00 Sod Farm property just east of the southeast comer of the Verona parcel
has been monitored since April 24th. A map is included that shows the location of all test
holes.
AU of the test holes had groundwater present during the monitoring period. Test hole
TH3-02 was destroyed by construction activity on August lOth. Based on activity of the
other holes, I estimate that it would have peaked at about 65 to 70 inches below ground
level. The table below shows the maximum measured levels for the season in all test
holes.
Hole Highest
Number Reading
TH1-02 92
TH2-02 91
TH3-02 65 est
MWA 60
Hole Highest
Number Reading
MWB 64
MWE 95
MWF 94
TH2-00 113
AU test holes peaked' from mid-S'eptember to mid-October. This is the normal pattern
and follows the irrigation season. The levels encountered should be representative of a
noIDla! year.
I will provide a copy of this information to Kathy Stroschein at Engineering Solutions. If
you have any questions or need anything additional, contact me at 850-4926.
~
Professional Soil Scientist
CC w/attachments: Kathy Stroschein, Engineering Solutions, Eagle, ID