Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Clerk Checklist
CITY CLERK FILE CHECKLIST Project Name: Larkspur Subdivision File No. PP 04-01 1 Contact Name: Larkspur LLC / Ron Sargent Phone: 371-6110 Date Received from Planning and Zoning Department: Planning and Zoning Level: ® Transmittals to agencies and others: ❑X Notice to newspaper with publish dates: ❑ Certifieds to property owners: March 25, 2004 Hearing Date: May 20, 2004 March 31, 2004 3-May-04 and 17-May-04 ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: Hearing Date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: and ❑ Certifieds to property owners: ❑ City Council Action: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order. ❑ Approved by Council: 0r g, r R% / Capy Cart. MreAeOock Epp Re=Qty ECopCen CN Cwk Cirlprreer City Pli— ❑ Copies Disbursed: CN y �°^Allo Project File edFiW ElFindings Recorded Deputy Clerk Copy Res,OrCPCe[ PAe County (CPAs) Apphce Qw CPAsI Development Agreement: O� Onpirlel. Mrwtepook ❑ Sent for signatures: Copes to: City C�erx ��eT��Dmm Sfate Treasurer, Autitor, PSsessor ❑ Signed by all parties: St,id g Co fiero ",EW �'' City Ergiri6er ❑ Approved by Council: CiN .d flier P�Je"fire ApppceM (d ❑ Recorded: appl Depuy Clerk `"0-ar` Ort9inel Mralebook ❑ Copies Disbursed: CODies to t fila({ 0t, "'a Er�rreer City P�anner Ordinance No. Resolution No. ).pock ❑ by Council: ••Rae Y..b-Fkw1irw" �"°°a° Approved q° F"" .lF,1,""a�" Origlnel:Fireprocf File ❑ Recorded: Deadline: 10 days CIXMes tD:PppFcari Prgecl file Cityeg ee ❑ Published in newspaper: Cty Plera "y o'p*Cl ❑ Copies Disbursed: Notes: MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird n� P CITY OF�_�� it IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500• Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (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: May 13, 2004 Transmittal Date: March 31, 2004 Hearing Date: May 20, 2004 File No.: PP 04-011 Request: Preliminary Plat approval of 42 single-family residential building lots & 4common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision By: Larkspur LLC / Ron Sargent Location of Property or Project: 2190 & 2240 South Meridian Road David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No VAR, VAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FP/PP only) Intermountain Gas (FPIPPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PP only) Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance — 12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and subdivision: 11 a'r k &'P 0-V w� �� v is c o 2. Address, general location of site: 0 $ 2 '2.'6 o S . 3. Owner(s) of record: 5 e Q Address: Telephone: 4. Applicant:_ Address: � Telephone: 5. Eneineer:I rel Fax: E-mail: Telephone: `t6.3-030S Fax: 463-q3 Name and address to receive City billings- Name: PRELIMINARY PLAT FEATURES E-mail: L 2N.GC u/a,y �c l'Glt E-mail: At L;(@ Tr�ccsav� l%�l%y I�wN L 1.G. Eksc'Lta�cYe� . Telephone: 3 7 < - 61 LQ G o'l.w 1. Acres: q', 1( 7 2. Number of building lots:_ 3. Number of other lots: 4 4. Gross density per acre: (Number of dwelling units per acre of total land to be developed) 5. Net density per acre: 11,1701 (Number of dwelling units per acre of land excluding roads) 6. Zoning District(s): Existing: R- 14 Proposed: 7. Does the plat border a potential green belt or pathway?Yea 11 _;I ;&,, 10gAW' .y 8. Have recreational easements been provided for? 0'S 9. Are there roposed recreational amenities to the City? YC S xplain re 10. Are there proposed dedications of co m on areas? Yc-s Explain_ '7c� �, a � � s,� , y _�y� %P&WIA&4< ASS0GLU.7l'O11 For future parks? --Ala _Explain n 11. What school(s) service the area?Ce�soa,Lo c Ff I ,a'V f5o you propose any agreements for future school sites?_ xplain 6^{ t S 12. Are there any other proposed amenities to the City?_Explain 13. Type of building (residential, commercial, industrial, office or combinat��*14. Type of dwelling(s) (single family, duplexes, multiplexes, other):5;tj 1 Rev. 111103103 15. Proposed development features: a. Minimum square footage of lot(s): 3 `( O b. Minimum square footage of structure(s): 1 1 7 1 C. Are garages provided for? Vc s Square footage: Lt ss c d. Has landscaping been provided for? (fie S/� _Describe: l/a u 1 t„ ©' G/ /I O l l,� G O {L i t G' !i ,L j S N r u 1w a 01 e. Who will own and maintain the pressurized irrigation system in this J development? Irrigation District: /� Q f. Are any lots intended for multi -family dwellings? —Type: g. Are there special set back h. Were protective covenants submitted? ye _s Date: 3 16. Does the proposal land lock other property? Me Does it create Enclaves? Nv STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. 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. Signature gYApplicant Re iv. 11iO3/03 41 I/r PRELIMINARY PLAT REQUEST FOR PARCEL NUMBERS S1119233903 AND S1119234010 BY LARKSPUR LLC LOCATED AT 2190 AND 2240 SOUTH MERIDIAN ROAD Larkspur LLC is requesting to subdivide all of parcels S 1119233903 and S 1119234010 located at 2190 and 2240 South Meridian Road. The purpose of the subdivision is to divide the property into lots for single family homes. The proposed subdivision will have a total of approximately 9.47 acres with density of 4.44 homes per acre. There are companion applications for a Conditional Use —Planned Development and Rezone for this property. The proposed Planned Development would have 40 single family homes on 7.02 acres with a density of 5.70 homes per acre. The surrounding land is as follows: North: Single family home with vacant land. The proposed Southwoods Subdivision would include offices, a dementia center, assisted living and residential apartments. East: Single Family Homes South: Single Family Homes on Five Acre Lots West: Single Family Homes CONCEPT The subdivision is to have 42 buildable lots on 9.47 acres with the existing homes and outbuildings on Lots 1 and 2 Block 1 to remain as is. The remainder of the subdivision is to be a Residential Planned Development designed for individuals who desire small yards with a minimum amount of maintenance. Based on past developments it is expected that approximately 60% to 70% of the buyers will be seniors. The Planned Development portion would have 40 buildable lots. The existing owners of the property at 2190 South Meridian Road, Lot 2 Block 1, will retain approximately 1.15 acres will not be part of the Planned Development. Similarly the existing owners of the property at 22240 South Meridian Road, Lot 1 Block 1, will retain approximately 1.30 acres and will not be part of the Planned Development. LOT AREA, SETBACKS, BUILDING HEIGHTS AND STREET FRONTAGE As part of the Planned Development it is requested that the lot areas, setbacks, building height and street frontage to be follows: Zoning R-8 Proposed Variance Minimum Lot Area 6,500 sq ft 4,011 sq ft 2,489 sq ft Setbacks Front 30 ft 20 ft 10 ft Rear 15 ft 15 ft none Interior Side 5 ft 5 ft none Street Side 25 ft 20 ft 5 ft Maximum Building Height 35 ft 35 ft none Minimum Street Frontage 65 ft 22.18 ft 42.82 ft These variances will allow the Planned Development to provide a range of housing that is not widely available in this area of Meridian, which would meet one of the goals of the City of Meridian Comprehensive Plan: Goal V. "Offer a diversity of housing types for a greater range of choice. Objective A: Encourage quality housing for all economic levels in a variety of areas." The Planned Development allows the project to develop smaller lots with good quality with homes. In similar projects with this type of homes in such a community setting, the applicant has found that most of the buyers have been seniors who were down sizing from larger homes and who desired smaller lots with less maintenance Even though the Larkspur development will not be age restricted, it is anticipated that a large portion to the buyers will be seniors. The requested front yard setbacks of twenty feet still allows a homeowner to have cars parked in the driveway without blocking the sidewalk. On the north side of Lot 3 Blockl it is requested the setback be 18 ft since the driveway lengthens to 23 feet on its south side. When a car is parked on the north portion of the driveway it would not block the sidewalk. The only setback with a street side yard may be on Lot 5 Block 1 which may or may not be constructed as a roadway which is explained in the next paragraph. The temporary vehicular turnaround will be abandoned when Gibson Way is continued on to the south. FUTURE USE LOT 5 BLOCK 1 At this time Lot 5 Block 1 will be used as an emergency access and also as potential vehicular access to Lot 1 and 2 Block 1. At some time in the future if the emergency access and the vehicular access is not needed across Lot 5 Block 1, it is requested that the lot become a buildable lot. If needed as a vehicular access, Lot 5 Block 1 is designed to be wide enough to for the construction of a public road from Progress Avenue to Lots 1 and 2 Block 1. If the road were to be constructed, side yard set backs on Lots 4 and 6 Block 1 would be 20 feet. In the application Lot 5 Block 1 has been counted as a buildable lot, for a total 42 buildable lots in the Subdivision. EMERGENCY ACCESS An emergency access will be constructed from Meridian Road to Progress Avenue on Lots 2 and 5 Block 1. On Lot 2 the emergency access will be a 20 foot wide gravel road constructed to meet the Fire Departments weight requirements. On Lot 5 grass pavers will be used. There will be a gate between Lots 2 and 5 that will have a Fire Department lock on it with signage not to block the emergency access. SERVICES The homes in the proposed subdivision would all be connected to City of Meridian water and sewer services. EXISTING BUILDINGS On Lot 1 Block 1 there is an existing shop on the new eastern property line that will be moved. On the eastern portion of Lot 2 Block 1 and the western portion of Lot 5 Block 1 there is horse barn that will also be moved. TEMPORARY TURNAROUND Between Lots 19 and 21 Block 1 a temporary vehicle turnaround will be constructed. When Gibson Way is continued on to the south the temporary will abandoned and the area will be planted with grass. TRAFFIC IMPACT The additional 40 home sites should generate approximately 400 additional vehicle trips per day. The majority of the homeowners are expected to be senior who would be traveling during off peak hours. Because of the off-peak traveling, the existing public roadways of Calderwood (a local collector) and Meridian Road ( a state highway) would be able to accomodate the additional traffic. PRE -APPLICATION MEETING A pre -application meeting was held on February 23, 2004 in which most of the items addressed herein were discussed. Mar 9 2004 1:27PM N o . 4 7 7 7 P 2 _Rfi[§ .. LEYX ('11M. ANDsre(1('r(1MA1. L:NGlNEER1NG APPLICATION DESCRIPTION LARKSPUR SUBDIVISION Job No. P-141-03 3/9/2004 Land in the SW1/4NW1/4 of Section 19, T3N, R1 E, B.M., City of Meridian, Ada County Idaho, described as follows: COMMENCING at the Northwest Corner of said Section 19; thence, along the West Line of said Section 19, South 0°55'00" West (S01137'25"W of record — Warranty Deeds Inst. No. 8908046 and Inst. No. 8908047), a distance of 1908.50 feet (1908.92 feet of record), to the Northwest Corner of a tract of land as described in that certain Warranty Deed, Inst. No. 7515057; thence, along the North Line of said tract of land, South 891,59'26" East, a distance of 60.01 feet, to a point on the Easterly right-of-way of State Highway 69, as described in Warranty Deed, Instrument No. 8908046, and the POINT OF BEGINNING; thence, continuing along said North Line, South 89059'26" East, a distance of 1061.02 feet, to a point on the West Line of The Meridian Greens, Unit No. 3, as per the plat therof, in Book 63, at Page 6402, Ada County Plat records; thence along said West Line, South 00°47'20" West, a distance of 194.37 feet, to a found 112 inch rebar; thence continuing along said West Line, South 00°39'57" West, a distance of 194.65 feet, to a found 5/8 inch rebar marking the Northeast Corner of Edmonds Subdivision as per the plat therof, in Book 33, at Page 2050, Ada County Plat records; thence along the North Line thereof, North 89057'32" West (N 89059'15" W of record), a distance of 1062.30 feet, to a point on the Easterly right-of-way of State Highway 69; thence along said right-of-way, North 0055'00" East, a distance of 388.45 feet, to the POINT OF BEGINNING. Containing 9.47 acres, more or less. tt I;, _. 0�N1. LAND G�STEk 0 P �Surgcnt l arkvrur�l)rawin}tdtiwvw)Eti(. KlrrulN��r 11) 03 A PLtC'AT10N-TOTAL ULSC.UOI' ci;3c;li.N ya:�L•i a'Ai�;fllt;8f5. �((t'. /,:�•.r b YY-:: ii�:; it i u. �>:t ift: .: r�% T' City of Meridian Applications Preliminary Plat, Planned Unit Development, Rezone Larkspur Subdivision Owners of Record Northern Parcel 2190 South Meridian Road Ada County Parcel Number S 1119233903 Owners: Jack R. Siemsen and Carolyn Siemsen Address: 2190 South Meridian Road Phone:' 888-7950 Southern Parcel 2240 South Meridian Road Ada County Parcel Number S 1119234010 Owners: 13% Donald Mineger Address: 1798 E. Kamay Dr., Meridian Id. 83642 Phone: ' 884-5500 Owners: 43.5% Leonard Reed Address: 2240 South Meridian Road, Meridian Id. 83642 Phone: 866-1929 Owners: 43.5% Sherri Lynn Norman Address: 101 Ravine, Pocatello Id 83724 Phone: 208/478-9734 Please Note Larkspur LLC is a wholly owned subsidiary of Samas LLC r STATE OF It COUNTY OF V�1 d- I, X (city) AFFIDAVIT OF LEGAL INTEREST 10 ) ►A ) (name) (address) being first duly sworn upon oath, depose and say: (state) iat I am the record owner of the property described on the attached, and I grant y permission to: �0+.a,0 4 L- G , q (name) (address) Aoc'SC _T7 V e 3 7 0 5 submit the accompanying application pertaining to that property. agree to indemnify, defend and hold the City of Meridian and it's employees armless from any claim or liability resulting from any dispute as to the atements contained herein or as to the ownership of the property which is the abject of the application. Dated this - -LZ d ,_.zi1 day of 20 r /,7/(9fgnaturej SUBSCRIBED AND SWORN to before me the day and year first above written. JOLENE REED NOTARY PUBLIC STATE OF IDAHO cic Public for Idaho/ Residing at _ )-i i _Tdh /1 o My Commission Expires: y U� Reis. l 1/03/03- U,lc4/GUU4 14 1 4c7JClet StLt—UlI r '.r AFFIDAVIT OF LEGAL INTEREST APR STATE OF IDAIIO) COUNJY OF ADA) a 5a (name) (address) being first duly sworn upon .A,,, , _--ram oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: -S-L' Z, 1,5 U/ <:� Q, i�t (name) (address) �/I G iJolSc � b O 37Q-5 to submit the accompanying npplication pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this `jr day of - , 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. •�.•`'y`aS'S Rr� •.�� Notary Public f Idaho •o '�, + Residing at ! S r to f o v = 9 t o , My Commission Expires: /f zap Rev. 11103103 ' '.3 y l ADA COUNTY RECORDER J. DAVID NAVARRO 1 BOISE IDAHO 07/31/03 64:48 PM DEPUTY Michelle Turner RECORDED —REQUEST Of III I'II�IIIII'IIII'II�I'll'I�II III'II Title One 103128436 AMOUNT 3.00 QUITCLAIM DEED FOR VALUE RECEIVED, CAROLYN SIEMSEN, who acquired title as CAROLYN G. SIEMSEN Does hereby convey, release, rernise and forever quit claim unto JACK R. SIEMSEN AND CAROLYN SIEMSEN, HUSBAND AND WIFE whose current address is: 2190 S. MERIDIAN RD, MERIDIAN, ID 83642 the following described premises: A parcel of land in the Northwest Quarter of section 19, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest comer of said Section 19; thence South 0055' West 1908.92 feet to the POINT OF BEGINNING; thence South 0055' West 194.50 feet; thence South 89'59'15" East 1121.82 feet; thence North 0°46'50" East 194.49 feet; thence North 89059'15" West 1121.30 feet to the POINT OF BEGINNING. EXCEPTING TIIEREFROM that portion conveyed to the State of Idaho by document recorded February 23, 1989, as Instrument No. 8908047, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Date: JULY _, 2003 ACKNOWLEDGMENT CERTIFICATE (INDIVIDUAL PERSONALLY KNOWN BY NOTARY) State of Idah ) ,s••••1'111111 S.S. •�� J VRq • Coun of ) •` 5 •"N th a -the year of 2V- or e �►4Y fand a notary public, person -ally a�Ipa4 d p' / (, personally known to me tQ aso ) whose names) is(are) subscribed to the within 1h enT v acknkowledged to me that he (she) (they) executed f;se 4v `4 Q • E A ERIDIAN, IDAHO L N ola MM EXP. 05/21/09 97026415 E 8015E iv t ?RUSTIVS DS9D, PMeMTMEcv 97 HPR 7 Prl 54 picrsar Title company of Ada County, ar�FE f_ __uEr W'-"^0 (hereln celled Trustee) as Trustee under fpiCe�A�6 G"CM hereinafter of trust particularly described, does hereby Bargain, Sell and Convey, without warranty, to Jack R. siea sea and Carolyn p, Sipinsa®, huehand and wife, whose current ism era ie: 2190 8, i Meridian Road, Merldien, Idaho, 83642, all of the real property situated in the County of Ads, State of Idaho described as follows: , Bea ishibit A attached hereto and incorporated harem by this reference. This conveyance is usde pursuant to the powers gonferred upon Trustee by the deed of trust between R 4 R Development Company Limited, a Limited Liability Company as Grentnr, the Trustee herein, and Jack R. Siepsen and (',L-Olyn O. Siensen, husband and wife es Beneficiary, recorded June 21, 1994 90 Instrument No. 94058970 and re -recorded June 27, 1994 as Inetrumwsnt No. 94060985, Ada County, Idaho Mortgage records, and after the fulfillment of the conditlona specified in said deed of trust authorising this conveyance as follows: (a) Default occurred in the obligations for which such deed of trust was given an security and the Beneficiary made demand upon the said trustee to sell property pursuant to the terms of said deed of trust. motive of default was recorded September 18, 1996 an Instrument No. 96077956, Ada County Mortgage records and in the Office of the Rwcorrler of each other county in which the property described in said deed of trust, or any part thereof, is situated, the nature of such default being an set forth in gala notice of dwfeult. 'such default still existed at the time of Bale. (b) After recordation of said Notice of Default, trustee gave rkrtice of the time and place of the sale of said property by registered or certified hail, by personal service upon the 000upanta of said real property, by posting in a conepiauoua place On said prefaisee and by publishing in a newepmner of general circulation In each of the cnuntige in which the property is situated ea sorb fully appears in affidavits recorded at least 20 deye prior to the date of ■ale as Instrument No. 96090271, Instrument No. 96090272, AM as Inatr iwAnt No. 96090273, Ada Co.,nty Idaho Mortgage rp,:ords. (c) The Provisions, recitals and oontants of the Notice of Default referred to in paragraph (a) supra and of the Affidavits referred to in paragraph (b) supra shall be and they are hereby incorporated herein and made an integral part hereof for all purposes as though set forth herein at length. (d) All reduirwssnts of low 310029 Iry the failing•, Personal eervioa, Posting, publication and recording of the notice of default, and notiom or sai.a and for all other notices have been complied with. (e) Mat lees then 120 days slspeed between the Diving og notion of sale by registared or certified mail and the sale of said prnparty. (f) Vla tsa, at tlfe time and Place of solo filed by said netiese, at pvblio auction, in one parcel, struck off to Grantee, being the highest bidder thereof, the property heroin described for good end valuable consideration, subject however to all prinr liens and encumbrantma. No person or corporation offered to takes any part of said property lass than the whole thereof for the amount of Principal, interest, advance■ and posts. In /rZ"M MEMM, The grantor, pursuant to s resolution of its Board of D1r#%rtnrs hem caused its corporation nano to be harounto subscribed. Dated this April 4, 1997. ]'IOM>tiri 'iI7T.r COMPANY of ADA COVNTY, MGM State of Idaho ) County of Ada 1 •r. On this April 7, IM, before fa, the Undersigned, a Notary, Public In and for said State, personally appeared Linda Mahas-rultz Identified to se to be the ilseistant SwrrAtery of the corporation that executed the instrument or the person who executer) the instrument on behalf of said corporation, and ecknowipolgpd to me that Sarah oorporation executed the same. Motary Pu'b1io"grt` f.� lhlir. Residing rtt rsw, Idaho '— My Cams+Yeaion expires: 6/25/97 titV#51,69 113190 R s R Development/Siefsen UdL.0 of �oi�b .� c Exhibit A A PAROM OF LAND TN Tn NORTHWEST WARTU OF SECTION 19, TOWNSHIP 3 NORTH, R"CE1 EAST, BOISE MERIDIAN, ADA ODUNIY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 00 DECREE 55'00'WF-ST, 1906.92 FEET TO THE POINT OF BEGIRI7INC FE THENCE SOUTH DO DECREE 55'00^WEST, 194.50 RT; THENCE SOUTH 89 DECREES 59115" FAST, 1121.82 FEET; THENCE NORTH 00 DECREE 46'50- EAST, 194.49 FEET; THENCE NORTH 89 DEGRrF.S 59,15• WEST, 1121.30 FEFT To THE FOINT OF HECINFINC EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF IDAHO BY DOCUMENT RECORDED FEBRUARY 23, 1989 AS 7NSTR!MER7 N0. 890804A. RECORDS OF ADA COUNTY. IDAHO. MIS FORM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): _)�e ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED FOR VALUE RECEIVED FRANK MOSER AND EDWARD C. CUERTH, MARRIED PERSONS DEALING WITH THEIR SOLE AND SEPARATE PROPERTY AS TO AN UNDIVIDED 1/2 INTEREST AS TENANTS IN COMMON GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JACK R. SIEMSEN AND CAROLYN G. SIEMSEN, HUSBAND & WIFE GRANTEE(S), whose current address is: the following described real property in ADA Coutq, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED "EXHIBIT A" RECORDED -REQUEST OF ADA COU11TY RECORDER i. DAVID HAVAREO BOISE, IDAHO FEE '-2 Juk4r 1998JN24 AMM:34 98060758 TRANSNAMN TITLE & EefCROW TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those madesu or done by the Grantee(s); and subject to reservations, restrictions, dedications, easementsffered , rights o, f way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and assessments, utility if any) for the current year, which are not yet due and payable, and that Grantor(s) will w Britt and defend the same from all lawful claims whatsoever. Dated: May 14, 1997 STATE OF IDAHO, County of ADA, se. On this 12TH day of JULY in the year of 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared LOIS L. MOSER known or identified to a to be the person(s) whose name(s) is/are subscribed to he within instrument, as the attorney in fact of FRAM MOSER AND EDWARD C. CUERTH and acknowledged to me that he/she/they subs. SER principal, and hiname(s) of s/her0own nameEasAaDtorneC. YEinHfac�' 'ZAI�P%. N Signature: OT� Name: 1 LYN S. ELLE m Residing At: BOISE, ID :7 G6 My Commission expires: 2/18/gg ? <<C OR7ER NO. 97068015 EXKIBIT "A" A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest corner of said Section 19; thence South 00 degrees 55'00" West 1,908.92 feet to the POINT OF BEGINNING; thence South 00 degrees 55'00" West 194.50 feet; thence South 89 degrees 59,15" East 1,121.82 feet; thence North 00 degrees 46150" East 194.49 feet; thence North 89 degrees 59'15" West 1,121.30 feet to the POINT OF BEGINNING. EXCEPTING therefrom that portion conveyed to the State of Idaho by document recorded February 23, 1989, as Instrument No. 8908047, records of Ada County, Idaho. ADA COUNTY RECORDER J. 0 NAVARRO 10 BOISE IDAHO 01/27/03 12:18 PM DEPUTY Joanne Hooper RECORDED —REQUEST OF III IIIIIIII'I'II'III'II�I'I'I'IfII'll DAMES KISER AMOUNT 30.00 103013407 JAMES W. KISER Attorney at Law ISB #1940 619 Queens Guard Boise, ID 83709 (208) 376-3100 Attorney for Plaintiff C0-rY JAN 23 2Q03 J. DAVID NAVAApi o, picric By ►Mid aAW*FAIN ea�m DISTRICT COURT, FOURTH JUDICIAL DISTRICT STATE OF IDAHO, COUNTY OF ADA Donald Minegar Plaintiff, V. Leonard D. Reed aka Leonard Dale Reed; Sherri Lynn Norman; Opal Minegar Defendants Case No. CV-OC-0208839D ) JUDGEMENT AND DECREE ) The Court having jurisdiction of the parties and subject matter in the above -entitled action, and the Court being advised in the premises and having read the verified complaint and the stipulated Compromise and Settlement Agreement executed by all parties, a copy of which is attached hereto as Exhibit B: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: JUDGEMENT AND DECREE Page 1 of 2 1. That all of the real property the subject of this action, which property is legally described in Exhibit A attached hereto and incorporated herein by reference, is owned in fee by the following named parties in the following undivided percentages: 13.0% Plaintiff Donald Minegar, as his sole and separate property 43.5% Leonard Reed, as his sole and separate property 43.5% Sherri Lynn Norman, as her sole and separate property 100% 2. That the parties interests are subject to the terms and conditions of that Compromise and Settlement Agreement which is attached hereto as Exhibit B. 3. That each party shall bear their own attorneys fees and costs. Dated this S?3 day of �aqUA4-/, 2003. JOEL D. HORTON Hon. Joel Horton STATE OF IDAHO qq,qq � COUNTY OF+ADA �f� I. J DavA Navarro. CHrh of+ 1 J)IprJ0 Court of ft Focxth' Dstrcl of tha S!cto of Who, n and fni Ina Co(r>d 0A(!.,,Go h rc'_ry C.';:h?��t the IorevJ is a kua and eonC,t e;':- of U'S aocf4t1 n iife r lro edge, In G �J: TAlleas W!13Cr:. I hti%a Ilir: ,1 92t RY W! resl t!:• / nE and a"tsod'oy ci$ ' of day it JUDGEMENT AND DECREE I Page 2 of 2 EXHIBIT "A" A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Ran County, Idaho, more particularly described as follows: ge 1 East, Boise Meridian, Ada Commencing at the Northwest comer of said Section 19, thence South 0.55' West 2,103.42 feet to the POINT OF BEGINNING. thence South 0°55' West 194.50 feet; thence South 89059'15^ East 1,122.34 feet; thence North 0°46'50" East 194.49 feet; thence North 89'59'15" West 1,121 82 feet to the POINT OF BEGINNING. EXCEPT any portion as conveyed to State of Idaho, by and through the Idaho Transportation Board by Warranty Deed recorded October 20, 1987 as Instrument No. 8758710, Official Records. h,blt -A- ?at Description JAMES W. KISER Attorney at Law ISB #1940 619 Queens Guard Boise, ID 83709 (208) 376-3100 Attorney for Plaintiff DISTRICT COURT, FOURTH JUDICIAL DISTRICT STATE OF IDAHO, COUNTY OF ADA Donald Minegar Plaintiff, V. Sherri Lynn Norman; Leonard D. Reed aka Leonard Dale Reed; Opal Minegar Defendants Case No. COMPROMISE AND SETTLEMENT AGREEMENT Comes now the Plaintiff above named, and each of the Defendants, above named and hereby stipulate, compromise and agree as follows: 1. Quiet Title to Real Property: It is agreed that the real property the subject of this action and which is legally described in Exhibit'A attached hereto shall be owned by each of the following named parties as Tenants in Common and that the Court may enter a Decree Quieting Title to the property as follows: 13.0% Donald Minegar, as his sole and separate property 43.5% Leonard Reed, as his sole and separate property 43.5 % Sherri Lynn Norman, as her sole and separate property 100% /� A1`7 Page g 1 of 6 Opal Minegar has no right, title or interest in and to the real property described on Exhibit A, but shall have the right to reside in the mobile home on the real property as set out in paragraph 2 below. 2. Opal Minegar Right to Reside in Mobile Home on the Premises the Subiect of this Action: The mobile home on the property belongs exclusively to Donald Minegar who agrees to pay all of the personal property taxes thereon. It is agreed by all parties that Opal Minegar may reside in that mobile home, rent free, so long as Opel Minegar: A) is able to drive her own automobile, and B) is able to reside in the mobile home without full time assisted nursing care. Otherwise, Opel Minegar agrees to vacate the mobile home. So long as she resides in the mobile home, Opel Minegar agrees to pay all utilities on the mobile home and to keep the insurance paid on the mobile home. At such time as Opal Minegar vacates the mobile home then Donald Minegar agrees to remove the mobile home from the premises within 90 days and Donald Minegar may then sell or otherwise dispose of the mobile home as he wishes. 3. Sale of_Property• Property Taxes at Closing: It is agreed that the real property described in Exhibit A shall be sold as soon after the 1st day of November, 2006 as practical or at such time as Opal Minegar has vacated the mobile home on the property, whichever date is latest. The sales price shall be cash at closing unless otherwise agreed. The price shall be determined by an Idaho licensed appraiser to be chosen by a majority of the owners. In the event an owner disagrees with the appraised value then that owner may employ a second appraiser and the sales price shall be an average of the two appraisals. Any party advancing the cost of an appraisal shall be reimbursed at closing for their contribution to the cost of the appraisal, together with 10% interest per annum on that amount paid from the date paid. 3.1 Property Taxes at Closing: The original rind al balance of all property taxes outstanding at closing shall be paid 74% by Leonard Reed and 26% by Donald Minegar and Sherri Lynn Norman. However, it is agreed that any penalties, fees or interest charged on delinquent property taxes shall be paid by Leonard Reed alone at closing. All other fees and closing costs, including but not limited to realtor's fees (if any), title insurance, escrow costs and the like, shall be paid by the parties, and the net sales proceeds shall be split in the percentages of ownership of the property at the time of the sale. 3.2 Leonard Reed O tion to Purchase Donald Minegar Interest in Real Property: At any time after the mobile home on the real property is Page 2 of 6 removed by Donald Minegar (and after Opal Minegar has vacated the premises) it is agreed that Leonard Reed may purchase the 13% interest of Donald Minegar in the real property. The price shall be paid in cash and shall be equal to 13% of the value of the total property as determined by an Idaho licensed appraiser to be chosen by Leonard Reed. In the event Donald Minegar disagrees with the appraised value then he may employ a second appraiser and the value shall be an average of the two total property value appraisals. Any party advancing the cost of an appraisal shall be reimbursed at closing for their contribution to the cost of the appraisal, together with 10% interest per annum on that amount paid from the date paid. All costs of the sale and closing of the 13% interest shall be split equally between Donald Minegar and Leonard Reed. 4. Use and Occupancy of Real Property by Leonard Reed: Until the real property is sold, Leonard Reed shall have the right to the use and occupy the real property the subject of this action (except the shop currently occupied by Donald Minegar and the mobile home currently occupied by Opal Minegar) rent free. Leonard Reed shall pay his own utilities and the 74% of the real property taxes as set out in this agreement until the date of sale. 5. Property Taxes Until Sale: Leonard Reed agrees that the property taxes on the property described on Exhibit A shall be paid by him prior to the time the taxes become more than three (3) years delinquent. After Leonard Reed pays any real property taxes he shall provide written proof of payment to both Sherri Lynn Norman and Donald Minegar of the amounts paid and broken down into actual taxes and penalty, interest and fees. Within 15 calendar days after written notice, Sherri Lynn Norman and Donald Minegar Leonard shall reimburse Leonard Reed for 26% of the actual assessed real property taxes, excluding from that computation any late charges or interest on the delinquent taxes. Any portion of the property taxes paid that is a penalty, late fee or interest shall be paid by Leonard Reed alone. 6. Attorneys Fees• Successors: Each party shall be responsible for their own attorneys fees and costs in this action. The terms of this agreement shall be binding upon, and be for the benefit of, the heirs, successors, and assigns of the parties hereto. 7. Notices: Written notices shall be given by certified mail, return receipt requested, postage pre -paid, to the following addresses; Leonard Reed, 2240 South Meridian Road, Meridian Idaho 83642. Sherri Lynn Norman, 101 Ravine, Pocatello, Idaho 83201. Page 3 of 6 Donald Minegar, 1798 East Kamay Dr., Meridian, Idaho 83642. �- �• Goo o � Leonar D. Reed Sherri Lynn Norma onald Minegar 0 el'al Minegar STATE OF IDAHO, ) )ss. COUNTY OF ADA, ) On this _ Lday of — 2002'before me, the undersigned, a Notary Public in and fors d State, personally appeared Leonard D. Reed known or identified to me (on the basis of satisfactory evidence), (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an iI �l official seal, the day and year in this certificate first above wri yG 922�* �Im Notary Public for,ldaho pU8LIC, t Residing at: 1!�V�Ilk t•;`f� « 0� My Commission Expires: /�!/O F0F IDS` STATE OF IDAHO, ) )ss. COUNTY OF ADA, ) On this day of �(%p�� , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Sherri Lynn Norman Page 4 of 6 known or identified to me (on the basis of satisfactory evidence), (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she 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 writte Notary Public Idaho Residing at: t Se My Commission Expires: STATE OF IDAHO, ) )ss. COUNTY OF ADA, ) On this —3 day of —A , 2002, before me, the undersigned, a Notary Public in and for said ate, personally appeared Donald Minegar known or identified to me (on the basis of satisfactory evidence), (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, • and acknowledged to me that he/she executed the same. IN WITNE� ,%,,VHEREOF, ave hereunto set my hand and affixed my official seat,•`t1i9�!!4 �sa�%�ye in thi certificate first bove written. �t s NOS. N y Public fo Idaho c4 �fC .? iding at: OA y Commission Expires: STATE OF IDAHO, ) )ss. COUNTY OF ADA, ) On this 1st day of 001z-v , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Opal Minegar known or identified to me (on the basis of satisfactory evidence), (or proved to me on the oath of ), to be the person whose name is subscribed to Page 5 of 6 . the within instrument, and acknowledged to me that he/she 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. :•�y�, �••'��-��''' .` �';. Notary Public for Idaho Residing at: y % • m : My Commission Expires: / .0• G/J/l7b -•y y Page 6 of 6 EXHIBIT "A" A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest comer of said Section 19, thence South 0°55' West 2,103.42 feet to the POINT OF BEGINNING; thence South 0*55' West 194.50 feet; thence South 89059'15" East 1,122.34 feet; thence North 0°46'50" East 194.49 feet; thence North 89'59'15" West 1,121.82 feet to the POINT OF BEGINNING. EXCEPT any portion as conveyed to State of Idaho, by and through the Idaho Transportation Board by Warranty Deed recorded October 20, 1987 as Instrument No. 8758710, Official Records. Exhibit -A- Legal Description r '=eb 24 2004 10:31RM nikire & CO PLLC 200-338-8864 V.0 251 ilpARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY (Instructions on back of application) 1. The name of the limited liability company is: Larkspur, LLC 2. The street address of the initial registered office is: 205 N. Tenth St., Suite 300, Boise, Idaho 83702 and the name of the initial registered agent at the above address is: Alkire & Co., PLLC 3. The mailing address for future correspondence is: 4915 W. Camas, Suite A, Boise, Idaho 83705 4. Management of the limited liability company will be vested in: Manager(s) ❑ or Member(s) ❑✓ (per dm ck the apDmprtate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. Name Address SAMAS, LLC 4915 W. Camas, Suite A, Boise, Idaho 83705 6. Signature of at 1 0 le for forming the limited liability company: Signature: Typed Name: teven E. Alkire Capacity: Attorney Signature _ Typed Name: Capacity. ___- s m Web font, Secretary of State use only o- aa/an,vo/�K-gagsC�-u= c eaagraOscr;(a�� g� H:Hax. 8iOvs v@eNmy•OeAF�Q ci/�'i���� @Y4aNe€a�gez ,b TSM5&,ervH�ae„��.,ed16 ey„bp om=ID�_/,,w'eb�Ykz(,'aK�12tq�an/b'°d,mn1I)1q�@ �II�ba!Nnffibs�§ue�">3€bs�em�:'8`mb:�=a•�g„'g•�am9�-y.�a.scu$�a�9g�AeT„€yj.Oagbz„jN�,g=93�d.E�gg➢blAlF4ta eNq9 lA eg -"�N, ts�qa,PigM�„aaii:�e,wa..�semM.�bNdyess,fi�� .�s 8W �s°T�tb€N�s"vY�io l€abXgSli nOJ y7s3/.i y b9 . b9� F$��`:• .�¢abl`s:<: bg�.. � f2 90 ipe Rb ai a ib`'bNR!bg 19 If',;He- lq..avU'kM R9wbe09#eaa id 188BS Y 'AM And AvNIAi ud NOiSIA1MS jMdUM xy b b= W ae�bba��FaFa€e�«f�F€F�'_aa II I���� Ij�� Ilfi�l!Q�W,WRm�Q- ii '�INa fla f I � aeG� s••• II II�II I- ,ll� II I�Tuli�i�� OWN I o o LARKSPUR LANDSCAPING PLAN SEW L1.0 itU-09 AS NOTED �Cugygygvaasa3r■rp��•aayaaaag S �'iwl44!t gYNtttt �.rj E $Ea�OEgKME�EIEEE�Ao .Y w z N 11 a n S �o b m O c m m m m m .7 FCA ij 1m \I 0 O c m g # R� m [ g $ 0 !A -mi s9sEC.• Ps vall 101- a•-RF N in FR n 'q ° � a�RRE a �p z g 'MIRY 41 .j! teusnae Hoar a;: 011NER/DEVELOPER: rn¢/s"seocToxu, ev�wc m.u+n..�il•Ronp.�a.. RON SARGENT unv s nvc vls ow � sa....n...�P �enyeen.wD DESCRIPTION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LARKSPUR SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by Larkspur, LLC, an Idaho limited liability company, hereafter referred to as 'Declarant". WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the Properties," more particularly described as follows: LARKSPUR SUBDIVISION, according to the official plat thereof, recorded in Book of Plats at Pages and as Instrument No. , recorded on the day of , records of Ada County, Idaho, except Lots 1 and 2, Block 1, thereof; and WHEREAS, Declarant desires 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, and will convey the Properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the Properties above described, except Lots 1 and 2, Block 1, thereof, 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 run 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. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION' shall mean and refer to Larkspur Subdivision Homeowners Association, Inc. a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 (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 _ and _, Block 1, and Lot _, Block 2, Larkspur Subdivision, according to the official 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 entitles, 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 Larkspur, LLC an Idaho limited liability company, its successors, and subject to the provisions of Article XIV, 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. 'DWELLING UNIT" shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit 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. Section 11. "FIRST MORTGAGEE" shall mean any Mortgagee possessing a lien on any Dwelling Unit 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. 'PLAT" shall mean a final subdivision plat covering any real property in Larkspur Subdivision as recorded in the office of the county recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Section 14. "IRRIGATION WATER SUPPLY SYSTEM" shall mean all improvements and components of the underground pressurized irrigation system to be owned and operated by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 Nampa and Meridian Irrigation District. Section 15. "WATER RIGHTS" shall mean all water and all rights and entitlements to receive water that have been placed to beneficial use upon, or are otherwise appurtenant to or associated with the Properties, including without limitation all licenses, permits, claims, permit applications, contracts and storage entitlements; all ditch or canal company shares and/or entitlements to receive water from any such company or from any irrigation district or other water delivery entity; and all ditch rights, easements or rights -of -way associated with any irrigation or other water delivery ditch, canal, lateral or pipeline. Water Rights shall include the above -described rights to the use of water appurtenant to the Properties as of the effective date of this Declaration, and all such rights hereafter acquired by the Declarant or the Association for the benefit of the Properties. Section 16. "SUBDIVISION" shall mean the Larkspur Subdivision as shown on the final Plat recorded in the Office of the County Recorder, Ada County, Idaho. ARTICLE II: PROPERTY RIGHTS Section 1. Enjoyment of Common 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 Common Area 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 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 there against; 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. E. 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 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, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 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. F. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such right of use, from time to time, in the interest of securing maximum 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. Delegation of Use: Any member may delegate, in accordance with the rules 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. Section 3. Reservation of Water Ri _ ts: Declarant expressly reserves to its self, all right, title and interest in and to any and all Water Rights appurtenant to the Properties, and accordingly no Owner shall have any right, title or interest in any of the Water Rights. ARTICLE III: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot 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. 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. Voting Rights: The Association shall have two classes of voting membership: Class 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. Class B: Class B member(s) shall be Declarant and for each Lot owned shall be entitled to three (3) votes. 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 A. When the total votes outstanding in the Class A memberships equal the total votes outstanding in the Class B membership; or B. On December 31, 2013. Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefore (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 attorneys fee, 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 successors in title, unless expressly assumed. B. Purpose of Assessments: The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties; for the operation, maintenance, repair and improvement of seepage beds, the Common Areas and facilities located thereon and the Storm Water Drainage System described herein below; for the reasonable expenses incurred in the operation of the affairs of the Association; 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. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $600.00. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Board of Directors of the Association may fix the annual assessment at an amount necessary to provide for the reasonable expenses of the Association; and said assessment shall be payable to the Association in regular monthly, quarterly, semi-annual or annual installments as may be determined by the Board of Directors. D. Special Assessments for Capital Improvements: 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 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, or for any of the Association's obligations set forth herein, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of those 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 Association shall determine. E. Notice and Quorum for Any Action Authorized Under Section 31): Written notice of any meeting called for the purpose of taking any action authorized under Section 3D, 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. F. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots. G. Date of Commencement of Annual Assessments; Due Dates: The annual assessments provided for herein shall commence as to a Lot sold on the first day following the initial conveyance of the said Lot. The first annual assessment shall be adjusted according to the number of days 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 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. H. Effect of Nonpayment of Assessments; Remedies of Association: In the event any assessment is not paid within thirty (30) days after the due date, the Owner shall be subject to a late fee in the amount of $25.00 for each month or part thereof that the assessment shall be delinquent, which said late fee shall be added to and become a part of the assessment provided for in this section. 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 I. Subordination of the Lien to Mortgages: 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. J. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: 1. All property expressly dedicated to and accepted by a Local public authority; 2. The Common Area; 3. All other Properties owned by Declarant or the Association; and 4. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first. ARTICLE IV: IRRIGATION WATER SUPPLY SYSTEM Section 1. Irrigation Water Supply: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa and Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay the assessment therefore, regardless of actual use or non-use of water from the irrigation system. Section 2. Owner's Responsibility: The containment of drainage of irrigation runoff from each Lot shall be the responsibility of the Owner. Water from the Irrigation Water Supply System is non -potable. Each Owner shall be responsible to insure the irrigation water used on his Lot is not consumed by any person or used for culinary purposes. Any Owner desiring to connect an alternate source of irrigation water to the irrigation system on his Lot shall be responsible for the cost thereof (both for the connection and the water) and have a backflow prevention device installed to prevent the alternate source from being contaminated with non - potable irrigation water, in accordance with applicable law. Section 3. Easement For Irrigation Water Supply System: Declarant and the Nampa and Meridian Irrigation District shall have a permanent easement for the construction, maintenance and repair of the irrigation water supply system and related 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 Owners to perform maintenance upon the pumps, pipes and other conveyancing apparatus comprising the irrigation 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, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 Section 4. Conveyance of Water Rights: Declarant has reserved to itself all Water Rights appurtenant to the Properties, an adequate supply which will be conveyed to the Association when the plat is recorded. Accordingly, no Owner shall have any right, title or interest in any of such water or Water Rights. ARTICLE V. STORM WATER DRAINAGE SYSTEM Section 1. Ada County Highway District Storm Water and Drainage Easement: Ada County Highway District (ACHD) has been granted, by separate instrument, a perpetual blanket storm water drainage, overflow and retention easement over Lots _ and _, Block Larkspur Subdivision on which Declarant shall have constructed storm water drainage facilities to be operated and maintained as set forth herein. The said easement includes the right to construct, install, maintain and replace the storm water drainage facilities, together with the right of access thereto for all purposes consistent therewith. Section 2. Storm Water and Drainage Easement Area Restrictions: The storm water drainage, overflow and retention easement area described in this Article shall be improved with seepage beds on which no permanent buildings, fences, trees or structures shall be placed. Notwithstanding the foregoing, other landscaping improvements (for example, shrubs and grass) and playground equipment, benches and the like may be placed or installed in the swales, providing that the placement and installation of such improvements shall not interfere with the easements granted to ACHD or interfere with the seepage beds. In the event any such improvements are placed or installed in the said easement area, ACHD shall have no responsibility or liability for any damage thereto or destruction thereof which may occur as a result of any reasonable maintenance or repair activities undertaken by ACHD. Section 3. Operation and Maintenance of Storm Water Drainage System: The Association shall provide all "light" maintenance of the drainage facilities as specified in the Larkspur Subdivision Operation and Maintenance Manual for Light Maintenance of the Storm Water Seepage Beds. Section 4. Association's Failure to Maintain,• Ada County Hi way District Remedies: In the event that ACHD determines that the Association is not adequately maintaining the drainage facilities, then ACHD shall be permitted to do so; provided, however, that before undertaking maintenance of the said system, ACHD shall provide thirty (30) days advance written notice of its intention to do so and by which said notice shall specifically identify the maintenance which is then required. In the event the Association shall fail to complete the items of maintenance as specified in said notice within the thirty (30) day period provided, then in that event, ACHD may begin to undertake such maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the storm water and drainage easement area to perform such maintenance and inspection of the drainage facilities. Should ACHD engage in maintenance of the drainage facilities after having provided the required notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall first bill the Association for the cost of the said maintenance and, if said bill shall not be paid within sixty (60) days, then ACHD shall be entitled and empowered to file a taxable lien against all Lots within the subdivision with the power of sale as to each and every lot in order to secure any and all assessments levied against all Lots in DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 the subdivision pursuant to this Declaration as if the said maintenance had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACHD. The Association, and all Lot owners, by accepting title to a Lot, agrees that all Lot owners in the subdivision are benefited property owners of such maintenance. The Association shall not be dissolved or relieved of its responsibility to maintain the drainage facilities without the prior written approval of ACHD. Section 5. Heavy Maintenance of Storm Water Drainage and Retention System: ACHD shall perform the "heavy" maintenance of the drainage facilities which said "heavy" maintenance consists of periodically inspecting the seepage beds to insure they are functioning properly and cleaning out the facility piping. In the event ACHD shall elect not to perform such "heavy" maintenance, then the Association shall do so. Notwithstanding anything contained hereinabove to the contrary, ACHD shall own and be responsible for the operation, maintenance and repair of all storm drains within the public rights -of -way and within any Ada County Highway District storm drain easements as may be depicted on the Plat. ARTICLE VI. EASEMENTS Section 1. Future Easements: 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. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit 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 Dwelling Unit, 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 Dwelling Units be created in favor of any Owner of such encroachment or use if 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. Easement for 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, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and perimeter fence maintenance, 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 right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 Section 4. Easement for Public Pathway: The City of Meridian shall have a perpetual easement for a public pathway over Lot _, Block _, to be constructed by the Declarant and, owned, maintained and operated by the City of Meridian in accordance with a license agreement entered into between the City of Meridian and the Nampa and Meridian Irrigation District. ARTICLE VII: MAINTENANCE RESPONSIBILITY Section 1. By Association: The Association shall (1) provide all reasonably required maintenance and repairs to (a) the Common Areas and improvements thereon, (b) the storm water drainage facilities as provided in Article V, above, (c) the perimeter fencing constructed by Declarant, (d) the landscaping improvements located in the front and rear yards of each Lot, and (2) provide snow removal for all sidewalks and driveways. 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. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. Section 2. By Owner: Each Owner shall maintain and keep in good order and repair the exterior of his Unit, including but not limited to the roof thereof, any private decks, fences, and courtyards. In the event any Owner fails to comply with its duties as set forth herein, the Association shall have the right to take such legal action as may be necessary in order to compel such compliance. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within ninety (90) days of the damage or destruction. ARTICLE VIII: PROPERTY USE RESTRICTIONS 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. Lot Use: No Lot, with the exception of the Common Area shall be used except for single-family residential purposes. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity, except as may be approved in writing by, and in the sole discretion of the Board of Directors of the Homeowners Association, which discretion may not be challenged for having been exercised unreasonably. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations and with issued by the City of Meridian, as the same may be amended from time to time. B. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties, except that two dogs, cats or other household pets may be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. The term "fenced DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 area" as used in this paragraph shall be interpreted to include any electronic pet containment system; provided, however, that the boundary of any such system shall be approved by the Architectural Control Committee and that in no event shall the said boundary extend beyond the front plane of the Dwelling Unit constructed on said Lot. C. Garbage and Refuse Disposal: 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 in a sanitary container. Any equipment for the storage or disposal of such material must be kept in the Owner's garage except on regular trash pickup day. D. 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, which approval may be withheld in its sole discretion. Garage doors shall, to the extent possible, remain closed at all times that the garage is not in active use by the Owner or occupant. E. Outbuildings: 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. F. Parking and Storage of Vehicles and Equipment: Parking of boats, trailers, motor- cycles, trucks, truck campers, motor homes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any Lot nor on the Common Area, except in fully enclosed buildings or 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. All other parking or storage of any other equipment shall be prohibited, except as approved in writing by the Board of Directors of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (3') and eight feet (8) above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight -line limitations shall apply on any Lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 H. Leasing Restrictions: 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 Dwelling Unit (including a month -to -month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit 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. J. Fences: All fences, including fences around swimming pools, dog runs or other uses, must be approved, in advance, by the Architectural Control Committee as to design, materials and location. No such fence shall extend beyond the front plane of the Dwelling Unit constructed or to be constructed on the Lot. K. Parking Rights: Subject to the provisions of paragraph F. above, any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. ARTICLE IX. ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: 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 Association. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. Approvals Required: No building, fence, 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 topography 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, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing in such design, the Committee shall 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 proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent 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. Submissions: Requests for approval of the Architectural Control Committee 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 Plan. 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. Building Plan. 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 outbuildings 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. C. Landscape Plan. 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. Rules and Regulations: The Architectural Control Committee is hereby authorized to adopt rules 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 Section 5. Fees: 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. 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. Section 7. Variances: The Architectural Control Committee may authorize variances from compliance with any of the architectural provisions of this Master Declaration, including restrictions on height, size, floor area, or placement of structures or other similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. However, no variances will be granted for construction of structures or improvements, including without limitation, manicured lawns, in the Common Areas. 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 County Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Master Declaration or any Supplemental 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 Master Declaration or any Supplemental Declaration for any purpose except as to the particular Lot and particular provision hereof covered by the variance, nor shall it affect in any way the owner's obligation to comply with all governmental laws and regulations affecting such owner's use of the Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. Section 8. Liabili : 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. Certification by Secretary: The records of the Secretary of the Homeowners Association shall be conclusive evidence as to all matters 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 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 therefore 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 been instituted to enforce completion or compliance. Section 10. Construction and Sales Period Exce tp ion: 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 Dwelling Units; 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 Dwelling Units owned by it as models for sales purposes. ARTICLE X: INSURANCE AND BOND Section 1. Required Insurance: The Association shall 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. 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. A. A comprehensive policy of public liability insurance covering all of 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 Dwelling Unit 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 Subdivision contains more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. B. 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. Optional Insurance: 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 A. 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 amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). B. 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. C. 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 Provisions: 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. B. 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 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 rating by Best's Insurance Reports of Class VI or better. D. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. ARTICLE XI: CONDEMNATION Section 1. Consequences of Condemnation: 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. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award," shall be payable to the Association owing DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 the condemned Common Area. Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned Common Area equally on a per -Lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares 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 XH: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. 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. B. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. 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 cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agreement shall not exceed one (1) year. D. Any lien which the Association may have on any Dwelling Unit 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. E. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: 1. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 meaning of this clause.) 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. 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 Dwelling Units, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Common 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). 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. ARTICLE XIII: ANNEXATION Section 1. Time for Annexation; Land Subject to Annexation: Declarant hereby reserves the right to annex any real property adjacent to the Properties into the Subdivision by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XIII. Upon the recording of a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Supplemental Declaration affecting such property), except as may be provided for therein, the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the Subdivision; and thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e.g., by a specified vote of only the owners of lots within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. Section 2. Procedure for Annexation: Any such real property may be annexed into the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 project by the recordation of a Notice of Annexation executed by Declarant and containing the following information: A. A reference to this Declaration, which reference shall state the date of recordation hereof and the Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded; B. An exact legal description of the added land; C. A statement that the provisions of this Declaration shall apply to the added land, except as set forth therein; and D. A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XIV: GENERAL PROVISIONS Section 1. Enforcement: The 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 enforce 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. Severability: 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. Amendment: The covenants and restrictions of this Declaration shall run 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 rights, 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, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 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. Section 5. Dispute Resolution: All Disputes (as defined herein below) arising between the Declarant and the Association [or any member thereof] shall be finally determined by arbitration pursuant to the applicable rules of the American Arbitration Association. Arbitration may be commenced by either party by filing a demand for arbitration with the American Arbitration Association. Judgment upon the award rendered by the arbitrator in any arbitration in which the Declarant and the Association are among the parties, shall be final and binding and may be entered in any court having jurisdiction thereof. As used herein, the term "Disputes" shall include without limitation any controversy between the Declarant and the Association (whether or not the controversy includes third parties) arising in any way out of this Declaration or its interpretation; the Declarant's work in developing and constructing the subdivision and any improvements therein, including without limitation construction defects; and the formation, operation or control of the Association. Disputes include any cause of action whether arising in tort, contract, statute or otherwise. The exclusive venue for all proceedings conducted under this section shall be in Ada County, Idaho. IN WITNESS WHEREOF, Declarant has caused its name to be hereunto subscribed this day of , 2004. DECLARANT: Larkspur, LLC, an Idaho limited liability Company STATE OF IDAHO ) Ronald D. Sargent, Manager ss. County of Ada ) On this day of , 2004, before me, the undersigned Notary Public in and for said State, personally appeared Ronald D. Sargent, known or identified to me to be the Manager of Larkspur, LLC, an Idaho limited liability company that executed the within instrument, or the person who executed the instrument in 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 20 Associated Earth Storm Drain Test Hole Description I Evaluation Sciences, Inc. Date Of Evaluation: 12/11 /2003 Evaluated by: Glen Logan & Harley Noe, Professional soil scientists Requested By: Samaljr, LLC, Ron Sargent Address: 4915 W. Camas Phone: 371-6110 City: Boise State: ID Zip: 83709 Legal Desc: Part of SW 1 /4 of NW 1 /4 of Section 19, T.3N., R.1 E., Boise Baseline, Ada County Idaho General Desc: Joutn of C,alderwood Drive 8, east of Meridian Road at 2190 S. Meridian Road Depth (inches) Color Texture Clay % Roots Mottles Est. Pemreabnlnty Comments (in/hr) Hole Number & Location: TH 1-n� 0 to 14 1 OYR 4/3 silty clay loam 35 to 40 many very fine & fine none 0.2 to 0.6 very frim moist 14 to 26 10YR V3 silty clay loam 30 to 35 common very fine & fine none 0.5 to 1.0 firm moist 26 to 34 1 OYR 613 wealdy cemented fine sandy loam 5 to 10 1 few very fine none 0.06 to 0.2 very compact in place 34 to 55 1 OYR 613 moderately cemented hardpan - none none impermeable non -fractured 55 to 68 1 OYR 414 fine sandy loam 5 to 8 none none 0.5 to 1.0 very compact in place 68 to 180+ variegated extremely gravelly & cobbly loamy medium sand 3 to 5 none none readable 10 to 15 loose in place, pockets of 7.5YR 5/6 vcl1U1C3 uLca. 31upe U TO I percent. No tree water observed to 180 inches. GHL Hole Number & Location: TH?-n,i 0 to 13 1 OYR 313 silty clay loam 27 to 32 many very fine & fine none 0.2 to 0.6 13 to 32 1OYR 3/3 silty clay loam 32 to 35 common very fine & fine none 0.06 to 0.2 very friable moist LAYER SAMPLED POR R-VALUE TESTING 32 to 43 10YR 3/4 silty clay loam 32 to 35 few very fine & fine none 0.06 to 0.2 friable moist 43 to 58 10YR 3/4 silty clay loam 30 to 32 very few very fine & fine 1 to 3% faint 7.5YR 516 0.06 to 0.2 near field capacity, very friable moist 58 to 180+ variegated extremely gravelly & cobbty loamy sand 3 to 5 none none readable 10 to 15 lenses of 7.5YR 5/6 color, medium & coarse sands vVIMIC i NUrca. dope I To 2 percent. Faint indications of mottling that water may rise to 43 inches in profile. Saturated below 116 inches, free water in pit at 127 inches. The 13 to 32 in layer sampled for R-value testing. HRN Associated Earth _ Storm Drain Test Hole Description & Evaluation Sciences, Inc. Continuation Sheet Date Of Evaluation: 12/11 /2003 Project: Samag, LLC off South Meridian Road Depth Color Texture Clay % Roots Mottles Est. Perr)m. Comments ( ches Hole Number & Location: TH3-03 0 to 12 10YR 3/3 silty clay loam 30 to 32 many very fine & fine none 0.2 to 0.6 compact in place 12 to 21 10YR 614 sift loam 22 to 24 common very fine none 1 to 2 friable moist 21 to 47 10YR 514 strongly cemented hardpan - few very fine in upper 12 inches none 0.02 to 0.6 highly fractured, 20% sandy loam w/ 5 to 10% clay in upper 12 inches 47 to 55 10YR 5/6 loamy medium sand 1 to 3 none none 0.5 to 1.0 very compact in place 55 to 180 variegated extremely gravelly loamy medium sand 1 to 3 none 2.5Y hue colors in matrix 10 to 15 loose in place General Notes: Slope 0 to 1 percent. No free water observed in profile. Mottles and gleyed colors below 155 inches. GHL Hole Number & Location: TH4-03 common very fine & 0 to 12 10YR 3/3 silty clay loam 28 to 32 fine none 0.2 to 0.6 very frim moist common very fine & friable moist LAYER SAMPLED FOR R- 12 to 19 10YR 413 sift loam 22 to 24 fine none 0.5 to 1.0 VALUE TESTING dense in place, firm & brittle moist, 19 to 39 11 OYR 413 sift loam 14 to 28 few very fine none 0.2 to 0.6 difficult to texture 39 to 48 1 OYR 514 fine sandy loam 8 to 10 none none 2 to 4 very friable moist strongly cemented 48 to 56 10YR 6/3 hardpan - none none 0.06 to 0.2 some fractures very gravelly loamy 56 to 142 variegated sand 1 to 3 none none 10 to 15 medium & coarse sands, loose in place medium and coarse sands, less than 10 142 to 180 Ivariegated I loamy sand I 1 to 3 Inone I none I 10 to 15 1 percent gravel General Notes: Slope 0 to 2 percent. Pasture with grass only creating few deep roots. Water seeping into pit at 176 inches. Saturated below 142 inches. Some lenses of 7.5YR 5/6 & 6/6 in bottom loamy sand layer. HRN The 12 to 19 inch layer sampled for R-value testing. Associated Earth _ Storm Drain Test Hole Description C Evaluation Sciences, Inc. Date Of Evaluation: 12/1 1 /2003 Continuation Sheet Project: Samag, LLC, South Meridian Road project Depth (inches) Color Texture Clay % Roots Mottles Est. Pe Comments (in/hr) Hole Number & Location: TH5-03 0 to 21 10YR 413 very gravelly sandy loam 5 to 10 many very fine & fine none 3 to 5 fill material probably dreged rom nearby drainage ditch 21 to 29 10YR 412 loam 12 to 15 common very fine & fine none 1 to 2 friable moist 29 to 43 10YR 5/3 loamy sand 3 to 5 few very fine none 6 to 8 very friable moist, loose in place 43 to 55 variegated loamy sand 1 to 3 none none readable 10 to 15 loose in place, medium & coarse sands 55 to 180+ 10YR 4/4 very gravelly sandy clay loam 22 to 25 none 7.5YR 518 in lenses 0.5 to 1.0 firm with pockets of loamy sand material General Notes: Slope 0 to 1 percent. Free water seeping into pit at 102 inches. Test pit is about 50 feet west of flowing drainage ditch. GHL +i Pool UVIPPO / s M1 MATGMLS _ PAGE # , OF 2 cr l IDAHO T-8 R-VALU DATE: DECEMBER Tes INSPECTION \1MT SERVrR2\REPORT ssB01SE\2003 REPOP7S11200 139918312501kRVAUiE 1725 o0c 0 Environmental Services 0 Geotechnical Engineering O Construction Materials Testing 0 Special Inspections «PirstName» <<LastName» «Company» <,Addressl» «City», «State» «PostalCode» Project: Calderwood Drive Test Date: December 16, 2003 R-Value TEST REPORT As requested, MTI has performed an R-Value test on the sample delivered to us for the above referenced proiect. The test methods and procedures used were in accordance with the most et.irrent versions of the Idaho I'-S standards. The following page is a summary of the results obtained by our laboratory. It' you have any questions concerning this report (RValue1720), please call on us at (208) 376-4748. Respectfully submitted, MATERIALS TESTING & INSPECTION INC. Brandon Huff C.E.T. Laboratory Manager 7446 W. Lemhi St., Boise ID 83709 208 376-4748 Faz 208 322-6515 E-Mail mtidmti•id.com wwwmti-id.com MATERIALS PAGE M 2 OF 2 IDAHo T-8 R-VALUE DATE: DECEMeER TESTING* 17, 2003 iNC„PeC`710N 15\80I ER2003 REPORT ��� ��r � ■V s1BOISE\2003 RFPORTS11200- 13W'831250014VALiE 1720. UOc i.l Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Source and Descrl Lion: T'H2-03 _ Date Obtained: December 12, 2003 _ - Samp a ID: 1720 ripling and Pi-e aration: ASTM D75: AASHTO T2: * ,SH T(} T8I.-XX- ASTM D4? 1: Test Standard: ASTM D2944: AASHTO Tl �IU: Idaho T * T...1; .L. ,. _l _ -••—•"---" ••••• »"•r.I --- 11111V. IVU UY LILG LIMUL. Sample A B C Dry Density (1b/ft) 96.0 89.3 - 87.8 Moisture Content M 21.2 23.9 26.6 Expansion Pressure (psi} 398 195 124 Exudation Pressure (psi) 0.72 1 0.33 0.00 R-Value _221 16 12 It -Value C 200 psi Exudation Pressure = 16 R-Value 0 Exudation Pressure 24.0 22.0 20.0 18.0 16.0 i 14.0 12.0 10.0 400 350 300 250 200 i Exudation Pressure (psi) 150 7446 W. Lemhi St., Boise lu 8370-3 208 376-4748 Fax 208 322-6515 E-Mail mtiOmti-Arum www rnti-id.conT 100 i MATERIALS Q � PACE a 1 OF 2 co r IDAHo T-8 R-VALUE DATE: DEC.EMBER Teti-nNG & 17, 2003 Wspecnc m 1l Id TISERVE H2IRE PORT S1601SEQU3 REPORTS\1200- 1399183125CL',grawE 1721.00c J Environmental Services J Geotechnical Engineering J Construction Materials Vesting � J Special Inspections <<FirstName» «LastName>> <<Company>> «address 1 » <<City», «State» «PostalCode» Project: Callderwood Drive Test Date: December 16, 2003 R-Value TEST REPORT As requested, MTI has performed an R-Value test on the sample delivered to us for the above referenced project. The test methods and procedures used were in accordance with the most current versions of the Idaho T8 standards. The following page is a summary of the results obtained by our laboratory. If you have any questions concerning this report (RValue1721), please call on us at (208) 376-4748. Respectfully submitted. MATERIALS TESTING & INSPECTION INC. Brandon Huff C.E.T. Laboratory tllanager 7446 W. t.emhi St., Boise iD 8:3709 208 376-4748 Fax 208 322-61515 E-Mail mti0mti-id.com www.alti-id-Coin • MATC- LS PAGE # 7 OF 2 i�.[�iJ1 DATE. 13ECEIABEq TES*nNG Fs (aAHo T-8 R-VALRlE 17, 2003 iNSPECnON SI.6 sEfi200S PEFUR' 5 ���8 (SISEVZOQS HEFC,ATS•1200� 1399189i! 2NCW RV Al UE 1721.Uoc U Environmental Services U Geoteehnical Engineering U_Construction Materials Testing — U Special Inspection: Source and Descri Lion: —� TH4-03 Date Obtained: _ December 12, 2003 Sarnple ID: 1721 ' -- Sampling and Preparation: __ASTM D75: AAS14TO T2: * _--' AASffTO-T87: X ASTM D42 Test Standard: I ASTM D2844: AASHTO T190:Idaho T8 X - inuicales 1ne sample was conecteu ny the caerw _ Saniple _ _ A E -- IC Dry Densit (y lb/ft_) _ 99.2 _ -21.1 �---_9_5.4 - --- - --- 93.6 Moisture Content (%) -.Expansion Pressure (psi) Exudation Pressure (Tsil _ 1.56 452 _ 23.5 0.96 - — 32 24.7- _ 0.1.5�- 155 ------ -- R-Value 25 ------»_..__ _- _ __ ----16---- 27.0 25.0 23.0 21.0 19.0 i 17.0 15.0 f-J 500 R-Value C@ 2W psi Exudation Pressure :: 18 R-Value 6 Exudation Pressure 450 400 350 300 250 Exudation Pressure (psi) 200 150 100 7446 W. LemM St, Boise ID 83709 208 376 4748 Fax 208 322-6515 E-Mail niti4mti-id.corrl wvvw.mti•id.corrl AFFIDAVIT OF PROPERTY POSTING STATE OF IDAHO COUNTY OF ADA I, Larkspur LLC/Ronald D. Sargent, 4915 W Camas Street, Boise, ID 83705, being duly sworn upon, oath, depose and say: That I will post the property of the appropriate signage at 2190 and 2240 S. Meridian Road, Meridian, ID at least 10 days prior to any public hearings. Dated this day of 1'10-r6 � , 200 Signature SUBSCRIBED AND SWORN to before me the day and year first written above. Notary Pu ficAor Idaho Residing My Commission Expires: LARKSPUR SUBDIVISION Landscape Plan Submittal Requirements Preliminary Plat & CUP checklists Statements of Intent & Compliance Item No. 6 — Property to be rezoned from R-4 to R-8. To north, Southwood Subdivision is proposed to have LO, assisted living, dementia and rental apartments. To east, R-4 single-family homes. To west, R-4 single-family homes. To south, county land, single- family homes on 5-acre lots. Item No. 9 — There are a number of existing trees on Lots 1 & 2, Block 1 of Larkspur Subdivision. These existing trees will not be damaged or affected since most of the construction will take place on the remaining lots of the subdivision. The water and sewer lines for Lots 1 & 2, Block 1 have been designed to avoid any of the existing trees and care will be taken to ensure they are not damaged. The emergency access road to be located on the west side of Larkspur will not affect the existing trees on Lots 1 & 2, Block 1. There is no need to move the trees, as the emergency access will be routed around them. Item No. 10 — The existing outbuildings located on Lots 1 & 2, Block I of Larkspur will be moved to accommodate new lot lines and the emergency access, but will otherwise be unaffected by construction taking place on the remaining lots of the subdivision. The outbuildings consist of sheds and barns.