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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