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City Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Locust Grove Place Subdivision Contact Name: Jonathan Wardle Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittals to agencies and others: ❑X Notice to newspaper with publish dates nCertifieds to property owners: File No. PP 02-026 Phone: 344-3448 October 24, 2002 Hearing Date: January 16, 2002 November 5, 2002 30-Dec-02 and 13-Jan-02 ❑ Planning and Zoning Commission Recommendation: Approve U Deny Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: Z 1 �-C,]?S and 1-2'1 C2 ❑ Appr vo e ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: R Res /Copy Cart wok ❑ Approved by Council: Orilir�I Copy Res / C°py Cart: Ciry Clerk ClryEng— CO Planner ❑ Copies Disbursed: Ciry Altorrey �ar,�Co�fi P,�°tFla ❑ Findings Recorded CaP* C� `°AdaC ty("M) ,tea C«�y ��) .Amman (n,—CPAs) Development Agreement: On4rrel hgrwteb°°k C"g,'"°,tb-k ❑ Sent for signatures: co t,W T Cry Clerk aC Stye Treaslxer, A,dtor, Assessor ❑ Signed by all parties: sie , CONfiars `i E,,q Y Ciry Engyrreer ❑ Approved b Council: pp Y Ciry Planner Proe°`t APPu°arR,itapW, ❑ Recorded: (X FinbgF'- c Ongr+el. MiriWebook ❑ Copies Disbursed: CopiPeto_ file en[ CME g- City Planner Ordinance No. Resolution No. C.*Clary ❑ Approved by Council: " R-ol V-41 n Fh~ " R°`°""°°"'�° °`""°°°"" o�� F�raPr�t Fig ❑ Recorded: Deadline: 10 days Cop- tor�oant Project fik CityErgneer ❑ Published in newspaper: City Planner Ctry nttorr pePidy Clerk ❑ Copies Disbursed: Notes: MAYOR LEGAL DEPARTMENT Robert D. Corrie x i (208) 288-2499 - Fax 288-2501 CITY OF Ilk, PARKS &RECREATION CITY COUNCIL MEMBERS (208 888-3579 - Fax 898-5501 Tammy deWeerd PUBLIC WORKS William L. M. Nary IDAHO j (208) 898-5500 -Fax 887-1297 Cherie McCandless F BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird 3 RCE 11903 PLANNING AND 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: January 9, 2003 Transmittal Date: November 5, 2002 Hearing Date: January 16, 2003 File No.: PP 02-026 Request: Preliminary Plat approval of 74 building lots and 11 lots other on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision By: Wardle and Associates Location of Property or Project: west of North Locust Grove Road and south of East Fairview Avenue David Zaremba, P/Z (No VAR, VAC, FP) Meridian School District (No FP) Jerry Centers, P/Z (No VAR, VAC, FP) Meridian Post Office (FP/PP only) Leslie Mathes, P/Z (No VAR, VAC, FP) Ada County Highway District Michael Rohm, P/Z (No VAR, VAC, FP) Community Planning Assoc. Keith Borup, P/Z (No VAR, VAC, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Bill Nary, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP only) Keith Bird, C/C U.S. West (FP/PPonly) Cherie McCandless, C/C Intermountain Gas (FP/PPonly) Water Department Sewer Department Bureau of Reclamation (FP/PP only) Sanitary Service (No VAR, VAC, FP) Idaho Transportation Department (No FP) Ada County (Annexation Building Department Your Concise Remarks: only) Fire Department Police Department City Attorney City Engineer City Planner Parks Department 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 MA CITY OF MERIDIAN FILE, Planning & Zoning Department _ 0 _ 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: Locust Grove Place Subdivision 2. Address, general location of site: West Side of Locust Grove 1/4 mile south of Fairview 3. Owner(s) of record: L.C. Development, Inc. Address: PO Box 518, Meridian, ID Telephone: 888-1852 Fax: 884-8938 4. Applicant: Jonathan Wardle, Wardle & Associates Address: 50 Broadway Ave. Suite B, Boise, 83702 Telephone: 344-3448 Fax: 344-3922 E-mail: jdwardlegwardlegroup com 5. Engineer: Scott Stanfield Firm: Earl & Associates Address: 314 Badiola Street, Caldwell, ID 83605 Telephone: 454-0256 Fax: 454-0979 E-mail: sstanfieldgearlandassoc.com 6. Name and address to receive City billings Name: L.C. Development, Inc. Address: PO Box 518, Meridian, ID 83680 Telephone: 888-1852 PRELIMINARY PLAT FEATURES 1. Acres: 11.76 2. Number of building lots: Residential — 74 3. Number of other lots: • Commercial — 2 • Landscape / Storm Drain / Common — 8 • Private Road — 1 4. Gross density per acre: 6.3 d.u./ac 5. Net density per acre: 10.6 d.u./ac. 6. Zoning District(s): Existing: R-40, C-C Proposed: R-40, C-C 7. Does the plat border a potential green belt or pathway? YES Explain: Greenbelt and pathwaj along Jackson Drain 8. Have recreational easements been provided for? NO 9. Are there proposed recreational amenities to the City? Yes, Pathway along Jackson Drain 10. Are there proposed dedications of common areas? YES Explain: Home Owners Association For future parks? NO 11. What school(s) service the area? Chief Joseph Elementary, Meridian Middle School, Meridian High Do you propose any agreements for future school sites? NO 12. Are there any other proposed amenities to the City? NO 13. Type of building (residential, commercial, industrial, office or combination): Combination 14. Type of dwelling(s) (single family, duplexes, multiplexes, other): Single Family 15. Proposed development features: a. Minimum square footage of lot(s): 3,600 s.f. b. Minimum square footage of structure(s): 1,287 s.f. Rev. 21.1 / 02 c. Are garages provided for? Yes. Square footage: Minimum 2 car garage approximately 387 s.f. d. Has landscaping been provided for? Yes. Describe: All residential and common lots will be landscaped. A conceptual landscape plan is provided for the common lots and is subject to further refinement at final plat e. Are sprinkler systems provided for? Yes. f. Are there multiple units? No. g. Are there special set back requirements? Yes. Explain: See Narrative. h. Value range of property: $120,000 to $135 000 i. Type of financing for development: Conventional j. Were protective covenants submitted? Yes. Date: October 9, 2002 16. Does the proposal land lock other property? NO Does it create Enclaves? NO 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 *h thk abcgve statements. Rev. 211102 50 Broadway Ave. Suite B, Boise, ID 83702 October 16, 2002 e::5 Wardle & Associates Brad Hawkins -Clark Planning & Zoning City of Meridian 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 RE: Locust Grove Place - Modification Dear Brad: Telephone: 208-344-3448 Fax: 208-344-3922 On behalf of L.C. Development, Inc., I submit to you revised plans for Locust Grove Place. As a reminder, this project was previously submitted and approved under file numbers AZ-01- 002, PP-01-002, and CUP-01-003. Two zones of R-40 and C-C were created with the annexation. The project was approved for 180 apartments and 6 commercial lots. These new applications modify, and replace the previous approvals. Specifically, and most notably, the project has changed from an apartment / commercial project to a townhouse / commercial development. We propose seventy-four (74) attached and detached townhouses and two (2) office / commercial lots with approximately 6,000 s.f. We feel this project, as designed and presented, will add considerably to the existing neighborhood and to the City of Meridian. Should you have any questions, feel free to contact me at 344-3448. Enclosures: Rezone Application Preliminary Plat Application Conditional Use Application Oct 22 02 05:00p Ward1r a Associates 50 Broadway Ave. guile 6, Bo itic, ID 83702 October 22, 2002 Wairdle & Associates Sonya Alen Planning; & Zoning City cif Meridian 660 E. Watertower Lane, Suite 220 Meridian, ilk 83642 RE; Gocrzvt Grove Place Miscellaneous Items /Si;;rr t�etai/.v / Varirriicev Dear Sonya: (208) 144-3922 p.I Telephone 208-344-3448 t arc: 2 8-;'W-31922 Per your October 21, 2002, request, I provide the,, following; inforniatior for clarific�ltiou: MISCELLANEOUS', ITEMS - a. 'Tiline IL. ac:kson Drain, As with the previous applications and approvals, we request that the Jackson Drain not be tiled. b. Block h. Locust Grove Place has two blocks that exceed the maximum block length. Through the conditional use ]xrrnit and planned development process, we ask that the maximum black length be exceeded ill these two locaticros. • Lots 2 — 43, Block 1, on the north side of l,must View Street, east side of Gallant Avenue, and south side of Drucker Street. • Lots 61 — 85, Flock 1. 2. SIGN DETACLS. In accordance with 'Title I I of the Zoning Ordinance, I submit to you the following information relating to sign in connection with the Conditional Use application. a. Signs in R-40 zone: 1. Sin type: Monumet3t 2. Maximum background area: 32 sq. 11, 3- Proposed sign height: 6 feet 4. Proposcd sign location: 2 location~ * South side of Locust View Street • North side of Drucker Street b. Sims in C'-C_one: I. Sign type: Monument 2. Maximum background area: 64 3. Proposed sign height: 6 feet 4- Proposcd sign location: 1 location • Located between Tots 59 and 60, Block 1, within the 25-1oot landscape butler. Oct 22 02 05:00p Wardle a Associates (2081 344-3922 p-2 At a later date, we will submit a detailed planned sign program in conjunction with sign permits Jor City review and approval. 3. VARIANCES. No variances are being requested with these applications. As a point of clarification, in the original submittal, the applicant requested a zone of C.-G. However, through the approvals process, and subsequent adoption of ordinance lbr annexation and zonini;, a zone ol't'-C was granted. Should you have any additional questions, please contact me at 344-31448 or 863-616S. Sincerely, Jonathan D. Wardle \./ LOCUST GROVE PLACE SUBDIVISION -" Preliminary Plat Locust Grove Place Subdivision is an 11.76 acre development, with seventy-four (74) townhouses, two (2) commercial lots, and eight (8) common lots, and is located on the west side of North Locust Grove Road approximately 800 feet south of Fairview Avenue. Project Background. This project was previously submitted and approved under file numbers AZ-01-002, PP-01-002, and CUP-01-003. Two zones of R-40 and C-C were created with the annexation. The project was approved for 180 apartments and 6 commercial lots. This application is proposed to modify, and replace the previous approval. Preliminary Plat Checklist: 7. Development Features. Private Streets. Lot 45, Block 1, is a private street. The private street is a two-way street system that is 29 feet in width back to back, with 5-foot sidewalks within a 42-foot right-of- way. Sidewalks are proposed on both sides of the private street in all locations. However, in the area of Lots 12, 13, 14 & 15, Block 1, only a 5-foot sidewalk on the west side of the private street is proposed. The street and sidewalk system complies with the Planned Development Ordinance, 12-6-2.A.6. Common Driveway. Lots 30 & 31, Block 1, take access to the private street by way of a shared common driveway. Residential Units. Locust Grove Place will have a combination of attached and detached townhouses. When the units are attached, two (2) townhouses will be paired together and will share a common wall. The project is designed so that the following lots would be detached: Lots 2, 9, 12, 13, 15, 20, 23, 24, 41, 47, 50, 51, 54, 57, 61, 66, 69, 72, 76, 81, 82 and 85, Block I Setbacks. As specified in the accompanying Planned Development / Conditional Use Permit application, the following setbacks shall apply to this project: Residential Units. Typical minimum setbacks for attached and detached residential units within Locust Grove Place, except as otherwise specified, shall be as follows: Front, from property line 18.5 feet Front, om back o sidewalk) (20 eet Rear 15 feet Interior Side (Common Wall) 0 feet Interior Side (Non -Common Wall) 5 feet Street Side 10 feet Preliminary Plat for Page i Locust Grove Place Subdivision .0 `-/ Exceptions: Lot 41, Block 1. This lot will have a detached unit built on it, and will be constructed on the common property between lots 40 and 41, Block 1. In essence, it will be a zero lot line, contiguous to the common lot. All other setbacks apply. Lots 9 - 12 and 16 — 23, Block 1. These lots all have a 13-foot rear setback. All other setbacks apply. Commercial Setbacks. The Locust Grove Place commercial site, Lots 59 & 60, Block 1, will have approximately 6,000 square feet of office and / or retail space. The proposed minimum building setbacks are as follows: Locust Grove 25 feet Interior Side 10 feet Exterior Side 10 feet Rear 15 feet Sidewalk Connection to Danbury Fair Subdivision No. 7. Lot 40, Block 1, is a common lot for a 5-foot sidewalk connection to Danbury Fair, connecting to N. Scrivner Avenue. The sidewalk will be located within the common lot. Pathway along Jackson drain. Lot 1, Block 1, is a common lot that connects Penn Station Apartments on the west with Locust Grove Road on the east. There will be a 10-foot paved walkway adjacent to the Jackson Drain. Proposed Development Features: a. Minimum square footage of lot(s): 3,600 s.f. b. Minimum square footage of structure(s): 1,287 s.f. c. Are garages provided for? Yes. Square footage: Minimum 2 car garW approxi_ma telv 387 s.f. d. Has landscaping been provided for? Yes. Describe: All residential and common lots will be landsca ed. A conceptual landscape plan is provided for the common lots and is subject to further refinement at final plat. e. Are sprinkler systems provided for? Yes. f. Are there multiple units? No. g. Are there special set back requirements? Yes. Explain: See Narrative. h. Value range of property: $120,000 to $13 5 000 i. Type of financing for development: Conventional j. Were protective covenants submitted? Yes. Date: October 17 2002 12. Traffic Impacts. At build -out, Locust Grove Place is projected to generate 500 vehicle trips per day. Preliminary Plat for Locust Grove Place Subdivision Page 2 13. Pre -Application Meeting. A pre -application meeting was held with Brad Hawkins -Clark on August 28, 2002. 18. Restrictive Covenants and / or Deed Restrictions. Preliminary Covenants, Conditions & Restrictions for Locust Grove Place are provided for review. The CCRs are subject to further review and refinement. 19. Groundwater. A preliminary report was prepared and submitted with the previous applications. Groundwater monitoring has continued. That report is re -submitted at this time. 20. The Applicant will post the property one (1) week before the hearing stating that an application for a Preliminary Plat has been submitted to the City. n . ,+. t 7-, 20o2— Preliminary Plat for Page 3 Locust Grove Place Subdivision 10/ 6/ZUUZ 14:44 tAd 9u000*oo/a4 O O O W Q CD c inrnruann rar, ucra. R T C CR C R mow\ w L� OCT-09-2002 WED 09:53 AM hRX Nu. r.. uc . — --mesa ncrein nave rcaa una approvca me roum"W Tillc Pile No.: 7VO.71%7 N6 WARRANTY DEED FOR VALITE RECEIWD ST'EPNP,N ), COYLE, an unmarried rout GRANfOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: LC DEVELOPMENT, INC., an Id;dro corporation GRANTEES(s), whose Current oddress is: PO Box Sit , NWdl&n, ID 93642 the following described real property In Ado County, State of Idaho, more particularly described as follows, to wit: A Portion of the Nonhelst quaner of the Northeast quarter of Smiiun 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described in the attached Exhibit "A', RECORDED- REQUEST OF ADA COUNpTTY REpCOIDER EEE&10 DEPUTY 4iolw 1. D+AjVT KAVA OR0 { 00081381 �a� ZD00 OC I I PH 121 10 TITLE 8, TRANSNAnoN TO HAVG AND TO HOLD the said premises, with their appurleuances unto the sa)d Grantee(s), and Grantoc(s) heirs and assigns forever. And the said Granrnr(s) does(do) hereby covtnant to and with the aid Grantee(&), that Grenror(s) is/pro the owuer(s) in fee simple of said prcmi&es; that said pranisea are fret from all encumbrances. EXCIEFF those to whic4 this oonvcyance Is expressly made subject and those made, suffered or done by the Grantee(&); and subject to reservations, nrotrlctiom, dedications, easemeats, rights of way and agreemenis,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which arc not yet due and ptyable, and that Grantor(s) will warrant and defend the samc from all lawful claims whatsoever. Dated: October I , 2A f STATE of Idaho Countyof Ade .88. On this f O day of Oesober in the year of 2000, before me, the undersigned, a Notary Public In and far $Did State, parsonally aPpearsd Stephen J. Coyle Known or ldc l�`Ihthe ".toIssubacrlbe to ihin tto sus that 19exwec Slpnate; to e Name; Nanctlse Boalau Residing nt: M■rtdlan, 10 My commission expires: 11112104 a 01. lx ANC]L JI 0 GCZVk JbAHO Transnation Title & Escrow, Inc. OCT-09-2002 WED 09:53 AM hfiX NU. r. Uj I _ EXHIBIT "A" A portion of the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point on the section line common to Sections 7 and 8, Township 3 North, Range 1 East, Boise Meridian, 994.00 feet South of the section corner common to Sections 5, 6, 7 and 8; and running thence South 330.1 feet to the Southeast corner of said subdivision; thence South 89045' West 660.65 feet; thence North 00034' East 330.1 feet; thence North 89045' East 659.05 feet to the REAL POINT OF BEGINNING, EXCEPTING THEREFROM the following described tract of land in Ada County, Idaho, to wit; A portion of the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, described as follows; Beginning at a point on the section line common to Sections 7 and 8, Township 3 North, Range 1 East, Boise Meridian, 994.00 feet South of the section corner common to Sections 5, 6, 7 and 8; and running thence South 330.1 feet to the Southeast corner of said subdivision, to the REAL POINT OF BEGINNING; thence South 89045' West 660.65 feet; thence North 000341 East 165 feet; thence North 89045' East 660 feet; thence South 165 feet to the POINT OF BEGINNING. AND FURTHER EXCEPTING ditch and road rights of way. OCT-09-2002 WED 09:53 AM FAX NU. The Grantees heroin hove read and approved the . --vino: Title File No,: TOO-71290 WA r. U4 FOR VALUE k CE1vED CHESTER LaCASSE AND JOANNE LaCASS) , huab=W Aral wife GRANTOR(s), ducs(do) hereby GRANT, BARGAIN, SELL and CONVEY uBto: L.C. DEVELAPMENT, INC., an Idaho corporaiun GRANTEES(s), whole current address is: r0 Box Sl8 , Meridian, ID SM42 the following described real property in Ada County, State of Idaho, more particularly dweribed u follows, to it: A portion of the Northeast quarter of the Nanhem quarter of Section 7, Township 3 North, Range 1 Bast, poise Meridian, Ads County, Idaho, described as follows: Beginning to a point on the section line common Io Sattons 7 and S, Township 3 North, Range I East, poise Meridian, 994.0 feet South of the section coma common to Sections S, 6, 7 and 8, and running thence South 330, I feet to the Southeast corner of said subdivision, to the REAL POINT 01, BEGINNING; thence S01111189'45' west 660.65 feet:; thence North 0*341 East 165 feet; thenca Ow North 89•45' Pd^t 660 feet; thence �p �gNg710NTITLF—&.ESCR South 165 feet to the POINT or B80iNNIna-M RECORDED-REOU ST OF ADA CUUNTY RECORDER •J. DAVIO NAVARRO 71; .I(1,41R0 FEE _ DE 1001SP-1 PM 4: 35 100070708 TO HAVE AND TO HOLD The said premises, with their appvrtenitmes unto the said Grantee(:), and Grantee(:) hems and assigns farcver. And the said Grantors) does(do) hereby ooveaant to and with the said Grmlee(s), that Grantrr(,t) Mare the owner(.) in fee almple of said prtmists; that said prernism are free from all encvmbruras, EXCEPT those to which this convcyanm is expressly made subject and those mode, suffered or done by the Grantee(s): and subject to reservations, restrictions, dedications, cucmenls, righ, of way and agreemenu,(i[,ny) of record, and general fasts and asseasmests, (including iRigatioa and Wilily assessmistr, if airy) for the Current yew, which are not yet due and payable, and that Grarnor(a) will warrant ash defend the same from all lawful claims whatsoever, Dated: ,tifplember 1 Cheria LaCassc Q ' JoAttat LaCaut STATE Of Idaho , County of Ada as. On this day or Septsmbar in the year of U 2000, be ors me, the undersigned, a Notary public In and Osµ for said State, personally appeared Chester LaCuse and )CAWMe LaCuse , rod C♦{ u y O~ / t V. Ir known or I find t foe to be the pars Whose romu tad Od are subscribed t t 9vittixt ins},umont odrn edged to me that Ihay a e Wad this arYme. f/� J tryay Signature: cis. Name: "a eoelou Residing at: Meridian, ID My commisalon expires: I III 21o4 Transnation Title & Escrow, Inc. OCT-09-2002 WED 09:54 AM FAX NO, F, 1J5 The Grantees herein have read and approve—rc fottowmr: Title File No.; Ybt)-69149 ADA U , CORPORATE41 "TY D D t� DEPU1 >:'oIt VALUE Iti•;cf�vED, 100D MY 2 4 PM 12= 16 B.W., INC., au Idaho corporation 100039961 r00 0 3 9 9 6 a corporation organized and existing under the laws of Ibe State of Idaho, wild lu��p $ ofA&�[7j Tj E & ESCgpW Boise, ID of County of Ada , State of Idaho, GRANTOR(s), docs(do) hereby GRANT, BARGAIN, SELL and CONVEY unto L.C. DEVELOPMENT, INC., an Idaho corporation GRANTEES(e), whose current address is: PO Box 511 , Meridian. ID 83642 the following described real property in Ada County, Suit of Idaho, more pAniailarly described as follows, to wit: Beginning at o point on 'he Accaun line common to Seetios, 7 and 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, which point is 994.0 feet South of the section comer common to Sections S, 6, 7 and 8, running thence South89.45' Neat 648.0 feet to an iron pipe; thence North 535.7 feet to the center of the drain ditch; thence along the center line of said drain ditch, (which center lino follows approximately the following courses and distaneen)t North 94.12, Fast 315.4 feet, thence South 55°47' Bast 121.00 feet; thence South 37.48' East 383.3 feet to the center of the road on the above mentioned section line; thence South along the section .line 194.0 feet to a POINT of BRGINNING, in the Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Runge 1 East, Boise Meridian, Ada County, Idaho. EXCEPT any portion lying within the right of wry of N. Locust Grove Road. TO HAVE AND TO HOLD the taid premises, with their Appunosartceu unto the said Grantee(s), and Grantees) heirs and assigns forever, And the said Grantors) does(do) henry+covenant to asd with the Said Grantee(,), that Gratmor(a) Ware the owner(s) in fee simple of said premises; that said premises are free from all encumbrances. EXCEPT those to which this oomcyAacc is expressly mute suhjeu and those made, suffered or duce by the Grantet(a): and subject to reservaliont, restrictions, dedications, easements, right, of way ar=d agteertteots,(ifaoy) of record, and general taxes and amurneots, (including irrigation and utility asseturrtmtt, if any) for the corn,,, year, which arc not yet due and payable, and that Grantors) will warrant and dckad The same from all lawful clams whNL4mvcr. The officers who sign this deed hereby certify that this deed And the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of The Grantor at a lawful meeting duly hold and atten" by a quorum, In witness whereof, the Grantor has caused its corporate name to be NMnto Affixed by its duly authorized officers this day of May , in the year of 2000, B.! „ ueasia M. Baker -- President Atmac Secretary STATE Of Mahe , County of Ads aa. Orntth�i4a A( In the year of 20bC, bef b tAa Ipned, a Notary public In and for old V t{pD tad Dennis M. Bakes •.• �� i knowp or 1611Q46p = be a President * hat executed the tisj ept 0 n o cxecucuted at, behalf Said a to hoe t e erpor y Op r N,tnar�I„ Iss r. tiosiding at; Mandan, to MY comm;siwn expirea:mbilatillal, Transnation Title & Escrow, Inc. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO � ss COUNTY OF ) yDA4 I, Lee Centers, L.C. Development, Inc., PO Box 518, Meridian, Idaho 83680, am the record owner of the property described on the attached, and submit the accompanying applications pertaining to that property. Dated this � dayof AQ.��!2002. i " (Si ature SUBSCRIBED AND SWORN to before me the day and year first above written. lmft .•d� � ,DU1Vy Notary is or Idaho Residing at: "� InKura, Idaho $0T"Ri� * Commission Expires: -o� G pUB Ll �O,•'�. �'•.1�� 0F 19 :.••�' EARL & ASSOCIATES, INC. SURVEYORS, ENGINEERS & PLANNERS 314 BADIOLA STREET CALDWELL, IDAHO 83605 FOR: John Wardle JOB NO.: JY0202 DATE: October 4, 2002 TELEPHONE: (208) 454-0256 FAx: (208) 454-0979 Email: rgray@earlandassoc.com PROPERTY DESCRIPTION FOR LOCUST GROVE PARK SUBDIVISION A parcel of land being a portion of the NE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: Commencing at the NE corner of said NE 1/4, (Section corner common to sections 5, 6, 7 and 8), said corner monumented with a 3 inch diameter brass disk; Thence S. 01 00' 00" W., a distance of 994.00 feet along the easterly boundary of said NE 1/4 and along the centerline of N. Locust Grove Road to the POINT OF BEGINNING; Thence continuing along the easterly boundary of said NE 1/4 and along the centerline of said N. Locust Grove Road, S. 0° 00' 00" W., a distance of 330.77 feet, (formerly South 330.1 feet), to the SE corner of the NE 1/4 NE 1/4 of said Section 7, (N 1/16 corner common to sections 7 and 8), said corner also being the NE boundary corner of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence leaving the easterly boundary of said NE 1/4 and the centerline of said N. Locust Grove Road, S. 89' 34' 26" W., a distance of 659.60 feet, (formerly S. 89' 45' W., a distance of 660.65 feet), along the southerly boundary of said NE 1/4 NE 1/4 and along the northerly boundary of said "Danbury Fair Subdivision No. 7" to the SE boundary corner of "Danbury Fair Subdivision No. 2" as on file in Book 62 of Plats at Page 6281 in the Office of the Recorder of Ada County, Idaho, said corner monumented with a 5/8 inch diameter iron pin; Thence N. 0° 34' 47" E., a distance of 329.93 feet, (formerly N. 0° 34' E., a distance of 330.1 feet), to a found 1/2 inch diameter iron pin; Thence N. 890 29' 49" E., a distance of 7.45 feet, (formerly N. 890 45' E., a distance of 10.25 feet), to a point that lies S. 890 40' 26" W., a distance of 648.22 feet, (formerly S. 890 45' W., a distance of 648.8 feet), from the point of beginning; Thence N. 00 00' 00" E., a distance of 536.87 feet, (formerly North 535.7 feet), parallel with the easterly boundary of said NE 1/4 to a point on the centerline of a drain ditch, said point also being the southerlyboundary ary of a Record of Survey recorded as "Danbury Fair Survey" Instrument No. 2134 in the Office of the Recorder of Ada County, Idaho, said point witnessed S. 0° 00, 00" W., a distance of 20.00 feet with a found 5/8 inch diameter iron pin; EARL & ASSOCIATES, INC. v SURVEYORS, ENGINEERS & PLANNERS Page 2 of 2 RAG 10/4/02 X:\CENTERS-JY0202\SURVEY\LEGAL\LEE CENTERS ENTIRE.DOC Thence along the centerline of said drain ditch and along the southerly boundary of said Record of Survey, N. 84' 18' 12" E., a distance of 318.50 feet, (formerly N. 84' 11' E., a distance of 315.4 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 550 47' 00" E., a distance of 117.23 feet, (formerly S. 550 47' E., a distance of 121.0 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 37' 48' 00" E., a distance of 383.30 feet, (formerly S. 37' 48' E., a distance of 383.3 feet), to a point on the easterly boundary of said NE 1/4, said point also being the centerline of said N. Locust Grove Road; Thence S. 0° 00' 00" W., a distance of 194.00 feet, (formerly South a distance of 194 feet), along the easterly boundary of said NE 1/4 and along the centerline of said N. Locust Grove Road to the POINT OF BEGINNING. This parcel contains 12.05 acres more or less. Also, this parcel is subject to all easements and rights -of -way of record or implied. 00 v 0 0 Ln 00 CJ U cn 0) pOOy anO.o }snood .N o — — — — — ,00't66 M„OO,OO.OS 00'-V61 a- ZZ'02C z r— W I r — — — — '00*008 — — — — — — — — — — — M„00,00.0S M„OO,OO.OS I i I cn O �' �p I aj I < I <v I 0 LIN 't00 l� W I 00I CD 0) w LI 00 Ln o I Ln 00 I I I �"' I z I C: I `N ° — — Z8'K9 — —71- I �6'6Z� o z c- 3 �0 �0 �N 3„ZV,VC.0N I I E r O i N C O) Z I a Ln c uj O O) cv r O_ � � 0 z D I (10 I 'o LL— I A I � � I C 0 I p 0 z C O 7 Ln 0 c 0 O PRELIMINARY PLAI LOCUST GROVE PLACE SUBDIVISION A PART OF THE HE 114 , SEC. ], I J N. R 1 E. B.Y. -� MERIDIAN, ADA CODNTY. 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Uf ura Ist Aor n. pm -ow mqa a6nc[ •-.WC-c ay arr+l a.I w a..IM rr •.• �V• wcYrYrr tart w w r..r r r•dn•.r I.,a. ar w r• �r w /.I�� .c r•o• rrr w r r r r•r A.ra•lra. r V i Aww,w�ia 4.••r, ""� 10/08/2002 14:44 FAX 2088886854 MLRID1AN ML VLrr. touuz PROPERTY OWNERS WITHIN 300' LOCUST GROVE PLACE IDAHO RENTAL COMPANY 1375 E FAIRVIEW AVE BOISE ID 83642-0000 BARGER RUSSELL S 8709 W CLOVIS DR BOISE ID 83709-0000 1515 E FAIRVIEW AVE L C DEVELOPMENT INC PO BOX 518 MERIDIAN TO 83642-0000 1315 N LOCUST GROVE RD 1295 N LOCUST GROVE RD 1215 N LOCUST GROVE RD PENN STATION APARTMENTS LLC P 0 80X 518 MERIDIAN ID 83680-0000 1300 PENN STATION LN N MCLAREN RON EDWARD d MCLAREN DEBORA C 1460 N PENRITH AVE MERIDIAN ID 83642-4024 DEBOARD BROCK LEWIS d bEBOARD KAYLYNN 1446 N PENRITH AVE MERIDIAN ID 83642-4024 ROSS BRAD d R055 CANDY 1428 N PENRITH AVE MERIDIAN ID 83642-4024 GAMBLE SUSAN M 1414 PENRITH AVE MERIDIAN ID 83642-0000 BROWN BRIAN J & BROWN DEBORA L 1382 N PENRITH AVE MERIDIAN ID 83642-4034 ROBERTS 808 D ROBERTS MELISSA 1370 N PENRITH AVE MERIDIAN ID 83642-0000 QUINOWSKI CALVIN E QUINOWSKI SHARON M 1377 N PENRITH AVE MERIDIAN ID 83642-0000 WADSWORTH REBECCA C 1348 N PENRITH AVE MERIDIAN ID 83642-0000 HANSEN KORY L HANSEN WENDY M 1361 N PENRITH AVE MERIbIAN ID 83642-4034 LEONARD DAMON B d LEONARD KELLY L 1332 N PENRITH AVE MERIDIAN ID 83642-4034 LINDEMOOD DOUGLAS ALAN d LINbEMOOD DEBATE L 1431 E DRUCKER ST MERIDIAN ID 83642-4033 MARTS DEBI J 1449 E DRUCKER ST MERIDIAN ID 83642-0000 WYATT SAMUEL J WYATT SHERRIE L 1473 E DRUCKER ST MERIDIAN ID 83642-4033 10/08/2002 14:45 FAX 2088886854 MERIDIAN Y&Z SHAW ROBERT R JULIAN GEORGE R - 1401 E DRUCKER ST 1510 E 50THESSY ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 WEAVER RUBY L BOWMAN JESSICA A 1310 E SOTHESBY 5T 1252 N SCRIVNER AVE MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 PERRY SUSAN A BERRYMAN JANICE E 1330 E SOTHESSY ST 1382 E SOTHESBY 5T MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 DANBURY FAIR HOA INC STUHR SCOTT W PO BOX 190446 1240 N SCRIVNER AVE 80I5E ID 83719-0000 MERIDIAN ID 83642-0000 N PENRITH AVE N LOCUST GROVE RD VAN BUREN AARON D & VAN BUREN JANINE L MYERS DAN T A 1226 N PENRITH AVE MYERS LYNN A MERIDIAN ID 63642-0000 1400 E SOTHESBY ST MERIDIAN ID 83642-0000 HEDGES ELVA MAE 1225 N ADKINS AVE FOOTS JOHN R & MERIDIAN ID 83642-0000 FOOTE AUBREY - 1418 E SOTHESBY ST LEE JEROD K MERIDIAN ID 83642-0000 LEE BRANDI 1415 E 50THESAY ST OTTER &RENT MERIDIAN ID 83642-0000 1430 E SOTHESBY ST MERIDIAN ID 83642-0000 NOBLE JOHN W 6 NOBLE PAMELEE D MEIER KATHLEEN K 1429 E SOTHESBY ST 1450 E SOTHESBY ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 EVANS M SHAE HOLZHEIMER AMY J 1451 E SOTHESBY ST 1474 E SOTHE58Y ST MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 TURNBOUGH WENDY L PIERRON SHIRLEY L REVOCABLE TRUST OF TURNBOUGH JAKE W 2000 1475 E SOTHESBY ST PIERRON SHIRLEY L TRUSTEE MERIDIAN ID 83642-0000 1502 E SOTHESSY ST MERIDIAN ID 83642-0000 10/08/2002 14:45 FAA ZU5555Ud54 UJUVIAiv Y&G I)Lrl. wivvii HRISTOV JORDAN L HRISTOV IRINA P 1219 N SCRIVNER AVE MERIDIAN ID 83642-0000 MCCLURE KIMBERLY A 1218 N 5CRIVNER AVE MERIDIAN ID 83642-0000 LAMP KELLY R d LAMP LAURETTA K 1200 N PENRITH AVE MERIDIAN ID 83642-0000 GARRINGER STEVEN E PO BOX 16512 BOISE ID 83715-0000 1207 N ADKINS AVE CLEAVER RYAN 6 d CLEAVER ALICIA M 1201 N SCRIVNER AVE MERIDIAN ID 83642-0000 ROTARIUS TAMERA 1178 N PENRITH AVE MERIDIAN ID 83642-0000 WARD THOMAS C d WARD JANELL 1183 N ADKINS AVE MERIDIAN ID 83642-0000 RAFTERY STEPHEN P d RAFTERY JOANIE 8 1416 E SHELLBROOK DR MERIDIAN ID 83642-0000 HAAN SHAWN L d HAAN JAMI F 1430 E SHELLBROOK DR MERIDIAN ID 83642-0000 TREGELLA5 MARK W d TREGELLAS DANA M 1452 E SHELLBROOK DR MERIDIAN ID 83642-0800 DUNN ANDREW M DUNN DESSA L 1476 E SHELLBROOK DR MERIDIAN ID 83642-0000 SW INC 250 5 BEECHWOOD DR STE 120 80I5E ID 83709-0944 E SHELLBROOK DR 1160 N LOCUST GROVE RD 5 LOCUST GROVE RD PEDERSON CURTIS W d PEDERSON BELINDA J 1167 SCRIVNER MERIDIAN ID 83642-0000 LOCUST GROVE LIMITED LLC 967 E PARKCENTER BOISE ID 83706-0000 E WILSON LN LEONARD MARY LOUISE PO BOX 7846 BOISE ID 83707-0000 1470 N LOCUST GROVE RD LIVINGSTON RICHARD R A LIVINGSTON BERNADETTE L 1280 N LOCUST GROVE RD MERIDIAN ID 83642-5926 BAKER INVESTMENTS LLC BRANDT DON 250 5 BEECHWOOD * 120 BOISE ID 83709-0000 1190 N LOCUST GROVE RD ��i=riri��=r.-�� LOCUST GROVE PLACE SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by L.C. Development, Inc., hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property in City of Meridian, County of Ada, State of Idaho, which is more particularly described as: LOCUST GROVE PLACE, according to the official plat thereof, recorded in Book of Plats at Pages and , as Instrument No. , recorded on the _ day of 200_, record of Ada County, Idaho; and NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to LOCUST GROVE PLACE ASSOCIATION, L.L.C. its successors and assigns. Section 1.1 Incomoration by Reference Any and all provisions contained in the Articles of Incorporation and Bylaws of Neighborhood Association, Inc., as amended from time to time are incorporated herein and made a part hereof. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a 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 3. "Properties" shall mean and refer to that certain real property herein before described and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision Map of the Properties with the exception of any Common Area, if there is any. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS &RESTRICTIONS Section 6. "Declarant" shall mean and refer to L.C. Development, Inc.,., their successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for their purpose of development. Section 7. "Phase" - Each parcel of land subdivided using the same name will be identified by a consecutive number beginning with No. 1 and will be known as a "Phase." ARTICLE II GENERAL COVENANTS, CONDITIONS, AND RESTRICTIONS Section 1. "Approval of Plans" - No building, fences, wall, structure, improvement, or obstruction shall be placed or permitted to remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved in writing by Architectural Committee. The decisions to approve or disapprove proposed plans rest entirely with the Architectural Control Committee. Section 2. "Floor Area" No floor minimum is required; however strong architectural control will be exercised No split entry homes, or moving of pre -built homes into the Subdivision, will allowed. No residence shall be in excess of two stories above ground. No portion of any building, such eaves, steps, or open porches, shall be allowed to encroach upon another lot'. Section 3. "Garages and Off -Street Parking" - All area, requirements shall be exclusive the garage area and shall be well constructed of good quality material and workmanship all houses shall have an enclosed garage which holds no less than two cars and no more than three. All Lots shall be provided- with a driveway and a minimum of two off—street automobile parking spaces within the boundaries of each Lot. Section 4. "Value" - No minimum dollar amount is required, however, strong architectural control will be used to ensure a positive streetscapes appearance. Section 5. "Exterior Appearance" - Plans for each house in the Subdivision will be individually considered by the Architectural Committee for approval of exterior appearance, including style, roof, colors, and overall appearance. Decorative, windows with rounded tops bay windows, or pop -out box windows, if they are incorporated into the roofline, are encouraged. Box houses with small front windows will not be approved. A. "Brick, Stone or Stucco" All homes will have a minimum of 12 square feet of stone, brick or stucco on the front garage wings. Section 6. "Roof" - Broken roof lines, gables, hip roofs, etc. are strongly encouraged. 25 year architectural shingles are required and only to be black in color. Before start of construction the Architectural Committee must approve roofing materials, including colors. No metal or gravel roofs will be allowed. Section 7. "Colors" - Exterior colors of earth tones or light blues or grays shall be encouraged for the body of the house. Bright or bold colors or very dark body colors shall be LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS discouraged. Approval of exterior colors, including roof, must be obtained from the Architectural Committee. Section 8. " Photo Sensitive Lighting" — All front garage exterior lights of every home will have a direct wire to a photo sensor, which will automatically turn on the light at dusk and keep them on until dawn. Section 9. "Landscaping" - Landscaping of front yard, side and back yards, must be finished within completion of home or occupancy, whichever comes first. Landscaping is to include an automatic sprinkler system,sod grass the entire lot, two 2.5" caliber trees and (12) 3 gallon shrubs per lot, minimum.. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Yards and landscaping must be kept well maintained. Section 10. "Fences" - Fences are not required. If a fence is desired, it will be 6' tall tan vinyl fencing consistent with the subdivisions perimeter fencing. Chain link, and wood fences are not allowed. Fences shall not be built closer to the front of the lot than five (5) feet behind the front comer of the house on either side. Fences shall not extend closer than twenty (20) feet to the front street right of way. On corner lots, fences shall not be built closer than twenty (20) feet to any side street right of way without the express approval of the Architectural Committee. Fences must comply with City ordinances. The location of fences hedges, high plantings, obstructions, or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable, nuisance, or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance, or noxious use exists. See "Dog Runs" (Section 11) as they pertain to fencing requirements. See "Vehicle Storage" (Section 12) as it pertains to fencing and the amount of setback required if the vehicle height extends above the fence. Section-11. "Dog Runs" - Dog runs may be permitted along a side fence, but must be no closer than ten (10) feet away from the back lot line if that lot line is the boundary of a common area. Dog runs must be not more than 6' high, and they must be screened from neighbors' view. The Architectural Committee must approve dog runs before construction is begun. Section 12. "Vehicle Storage" - Parking of boats, trailers, motorcycles, trucks, truck campers, and like equipment, or junk cars or other unsightly vehicles, and like items, shall not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. Garage driveways shall not be extended on either side for additional parking without first securing Architectural Committee approval. For the purpose of this Section, an approved area may be beside the house, but not on a street side, and consist of a six (6) foot tan vinyl fence enclosure consistent with the perimeter fencing. If the height of the stored item is greater than the height of the front fence, the item must be stored two feet farther from the front fence for each part of a foot the item extends above the fence, and the item must be stored two (2) feet away from any side yard fence for each part of a foot it extends above said fence, but in LOCUST GROVE PLACE DECLARATION OF COVENANTS; CONDITIONS & RESTRICTIONS no case will the item be allowed to be stored if its height is greater than nine (9) feet or length greater than twenty-five (25) feet. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. Section 13. "Animals" - Keeping or raising of farm animals or poultry is prohibited. All dogs and cats or household pets kept on these premises shall be fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No more than two cats or two dogs or one cat and one dog may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. See "Dog Runs" (Section 11). Section, 14. "Antennae and Satellite Dishes" - Installation of radio and/or television antennae or satellite dishes is prohibited outside of a building without written consent from the Architectural Committee which would require them to be screened from the street view. Section 15. "Setbacks" - No building shall be located on any Lot nearer than 20 feet from the front lot line and 15 ft from the rear property line, nor nearer than 4 feet from the side lot lines. On corner lots, no building shall be located nearer than twenty feet (20') from the side street line. Section 16. "ACHD Sight Obstruction" - No fence, hedge, or shrub planting will be allowed which obstructs the 40 feet sight triangle at street intersections. Landscaping in this sight triangle area must be kept lower than three feet or above seven feet in height. Trees within that triangle must have the foliage line maintained at sufficient height to prevent obstruction of such site lines. Section 17. "Additional Easements" - In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation, and drainage. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities or which may change the direction of the flow of the water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility is responsible. Section 18. "Construction Time" - Construction of any residences in the Subdivision shall be diligently pursued after commencement thereof, to be completed within twelve (12) months. Section 19. No building shall be moved onto the premises. Section 2-Q. "Type of Residence" - No shack, tent, trailer house, or basement only house, shall be used within the Subdivision for living quarters, permanent or temporary. Section 21. "Outbuildings" - 1 outbuilding per lot will be allowed, no outbuilding larger than 150 square feet. All outbuildings shall be constructed of quality building material, completely finished and painted on the outside, and shall be of the same siding, roofing, and colors as the house. The Architectural Committee must approve all outbuildings. Section 22. "Offensive Items" - Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on, nor shall anything be done or permitted in said Subdivision which may be or become an annoyance or nuisance to the other property owners in said Subdivision. Weeds shall be cut to less than four (2) inches in height. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Section 2-1. "Conducting Business on Properties" - No business shall be conducted on _ the above properties that cannot be conducted within the residence of the Owner. Any business conducted within residences in this Subdivision must comply with City Ordinances and requires a conditional use permit. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the Lots in this Subdivision. Section 24 "Irrigation Water for Lawn and Yard Sprinkling" - The water source for sprinkling of lawns and other landscaping of common areas will be provided from a domestic well located within the development. The water source for sprinkling of lawns and other landscaping of all buildable lots will be the cities public water system. Each lot will be required to have an individual backflow prevention device at the service connection Section 25. "Sewer Locations" - All bathroom, sink, and toilet facilities shall be located inside the dwelling house 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. Section 26. "Signs" - No sign of any kind shall be displayed to public, view on any building or building site on said properties except a professional sign of not more than five (5) square feet advertising the property for sale by an owner to advertise the property. If a property is sold, any sign relating thereto shall be removed immediately, except that a "Sold" sign may be posted for a reasonable period following the sale. Notwithstanding any provision to the contrary, signs of any and all sizes and dimension may be displayed by the Declarant, without limitation thereto, on Lots owned by said Declarant. The Declarant, or the Neighborhood Association, may display a sign of any size and dimension, without Imitation thereto, for subdivision identification. No real estate signs, or signs of any kind, except for subdivision identification, may be displayed on any Common Area except for the Developer's designated marketing agent for that Subdivision. Section 27. "Waste Disposal" - No Lot or building site included within this Subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Section 28. "Construction Equipment" - No machinery, building equipment, or material shall be stored upon site until the Builder is ready and able to immediately commence construction, Such building materials must be kept within the property line of such building site upon which the structure is to be erected. Section 29. "Damage to Improvements" - It shall be the responsibility of the Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences, tiled irrigation lines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. It shall be conclusively presumed that all such improvements are in good sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. Section 30. The "Architectural Committee's" decision is final and binding on all issues. Section 31. "Common Area" LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS &RESTRICTIONS Section 32, "Annexation" - It is intended that additional phases of Locust Grove Place Subdivision may be annexed or included within the jurisdiction of this Declaration by Declarant without approval of the Lot Owners. Common Areas included in annexed phases are for common use of Lot Owners in all phases of the Subdivision and will be maintained by the Locust Grove Place Neighborhood Association Owners of Lots in all future phases of the Subdivision will be members of the Neighborhood Association. Section 33. "City and County Ordinances" - Should these Covenants, Conditions and Restrictions be more restrictive than City and County ordinances, these Covenants shall control. In the event that the City or County ordinances should be more restrictive than these Covenants, the City or County ordinances shall control. ARTICLE III ARCHITECTURAL CONTROL Section 1. "Architectural Committee" - A committee of two persons shall act as an Architectural Committee and shall, prior to any new construction in said Subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said Subdivision and shall be allowed fifteen (15) days to review said plans, drawings, and specifications. The Committee will hold plans until 30 days after completion. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate with the dating and signing of the set of plans by a member of the Committee, and their approval shall be construed as full compliance with the provisions of these Covenants. Said Committee shall have sole discretion to determine what shall be substantial compliance with said Covenants and other conditions that may be required by the Architectural Control Committee. No building shall occupy any portion of said Subdivision without prior consent of said Committee. The decision to approve or disapprove proposed plans rests entirely with the Architectural Control Committee. The initial Committee shall consist of the following: Lee Centers PO Box 518, Meridian, Idaho 83680 A majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Upon the sale of the last Lot of the last Phase in said Subdivision, the work of the initial Committee shall be deemed completed, and said Committee members shall then be automatically released from all responsibilities thereto. Notwithstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for this Subdivision, after the Declarant has sold all the Lots in the properties, and not before, the then seated Directors of the Neighborhood Association shall automatically become the Architectural Committee. Amending this instrument shall not affect this provision. ARTICLE V GENERAL PROVISIONS Section 1. "Enforcement" - Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending any property owners either shall have party at law or equity. In the event of judgement against any person for such, the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees, and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. Any Owner shall have the right to enforce, by any proceeding 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 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. Section 2. "Severability" - Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no wise affect any other provisions, which shall remain in full force and effect. Section 3. "Amendment" - This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than sixty-seven percent (67%) of the Lot Owners. Any amendment must be recorded. Section 4. "Time Extension for Covenants" - The Covenants set forth in this instrument shall run with the land and shall be binding on all persons owning a Lot(s) under them for a period of thirty (30) years from the date of this recording thereof, after which time such Covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument an instrument signed by sixty-seven percent (67%) of the Lot Owners of this Subdivision has been recorded agreeing to terminate said Covenants, in whole or in part. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS NEIGHBORHOOD ASSOCIATION ARTICLE VI PROPERTY RIGHTS Section 1. "Owner's Easement of Enjoyment" - Every Owner shall have the right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge assessments for the maintenance of the Common Area; (b) the right of the Association to charge a setup fee to an Owner when titles to a Lot passes from the Grantor to an Owner other than the Grantor (c) 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 public rules and regulations; (d) 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. No such dedication or transfer shall be effective unless sixty-seven percent (67%) of the members vote in favor at a meeting for which proper written notice has been sent to every member not less than ten (10) days nor more than fifty (50) days prior to the meeting, and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer; BERKELEY provided that the public agency accepts such dedication or transfer. Section 2. "Delegation of Use" - Any Owner may delegate, in accordance with the Bylaws his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the properties. Section 3. "Annexation of Additional Phases" - It is intended that additional phases of Locust Grove Place may be annexed or included within the jurisdiction of this Declaration by Declarant without approval of the Lot Owners. Common Areas included in annexed phases, as well as the Common Areas included in this Declaration, are for common use of Lot Owners in all phases of the Subdivision and will be maintained by the Locust Grove Place Neighborhood Association, Inc. Homeowners of all future phases will pay dues and assessments to the Association which will be used for maintenance of all common areas and other Association expenses. ARTICLE VII MEMBERSHIP AND VOTING RIGHTS Section L "Membership" - Every Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment. Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS property shall, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied Lot, all such persons shall be members. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. Any member of record may examine the financial reports, books, and records of the Association, at a reasonable time. Section 2. "Voting Rights" - The Association will have two classes of voting memberships. Class A Membership: Class members shall be the Owners of Lots, with the exception of the Declarants. Each member shall be entitled to cast one vote or fractional vote as set forth herein for each Lot in whom he holds the interest required for membership. Only one vote shall be cast with respect to each Lot. The vote applicable to any Lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provided otherwise and the Association has been notified, in writing, of such provision. Voting by proxy or written or absentee ballot shall be permitted. Class B Membership: Class B members shall be the Declarants. The Declarants shall be entitled to six (6) votes for each lot of which Declarants are the record owners. The Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid for a period not exceeding sixty (60) days for each infraction of its published rules and regulations. Section 3. "Officers and Directors" - At an annual meeting called pursuant to notice as herein provided for the establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. There shall be three Directors elected to serve for a period of one year. Section 4. "Common Area Matters" - The Association shall have the right to dedicate or transfer all or any part of the Common Areas to any public agency authority or utility for such The members may agree purposes and subject to such conditions as to. No such condition or transfer shall be effective unless authorized by members entitled to cast sixty-seven percent (67%) of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and a written notice of proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days prior to such dedication or transfer; provided that the public agency accepts such dedication or transfer. ARTICIE VIII COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. "Creation of the Lien and Personal Obligation of Assessments" - The Declarant, for each Lot owned within the Properties, hereby covenants, and 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) an initial assessment of Three Hundred dollars ($300) for each Lot payable at closing, and (2) annual assessments or charges, and (3) special assessments for capital improvements, such assessments to be established and LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. However, the personal obligation for delinquent assessments shall pass to his successors in title. Section 2. "Purpose of Assessments" - The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area. Section 3. "Annual Assessments" - Annual assessments, or Neighborhood Association dues, shall be levied by the Association to maintain the Common Areas and cover other costs incurred by the Association for the benefit of the Owners. These costs will be pro rated amongst the Lots in the Subdivision. For the year 2002 the maximum annual assessment shall be Two Hundred and Fifty Dollars ($250.00) Lot for Class A Members of the Homeowners Association. Class B Members shall pay a maximum of twenty-five percent (25%) of the amount of the annual assessment for Class A members. (a) From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than fifteen percent (15%) above the maximum assessment for the previous year without a vote of the membership. (b) From and after January I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above fifteen percent 15%) by a majorit�of a quorum of members who are voting in person, by proxy, or by written ballot at a meeting duly called of the Neighborhood Association, as specified in Article VIII, Section 5. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. "Special Assessments for Capital Improvements" - In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes entitled to be cast by voting in person, by proxy, or a written ballot submitted at a meeting duly called for this purpose. Section 5. "Notice and Quorum for Neighborhood Association Meetings" -Written notice of any meeting called for the purpose of conducting Neighborhood Association business shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members, of proxies, or written or absentee ballots from members entitled to cast sixty percent (60%) of the total votes entitled to be cast shall constitute a quorum to set annual assessments and to transact routine Neighborhood Association business. If the required quorum is not present, the meeting may be rescheduled, and at the rescheduled meeting, the required quorum may be reduced to ten percent (10%) of the total votes entitled to be cast. No written notice of the rescheduled meeting shall be required. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS The quorum required for other items of business specifically listed in sections of these _ Covenants, Conditions and Restrictions shall be as specified for those types of business. See Article VI, Section 4, and Article VIII, Sections 4 and 6. Section 6. "Quorum to Change Level of Maintenance of Common Areas and/or Amount of Dues" 1. The level of service to maintain Common Areas and the maximum annual assessment may be increased by a quorum, as authorized in Article VIII, Section 5. 2. To reduce the level of service to maintain common areas and to reduce the maximum annual assessment requires an affirmative vote of two-thirds (2/3) of all the votes entitled to be cast. Section 7. "Uniform Rate of Assessment" - Both annual and special assessments must be fixed at a uniform rate for all Lots in each class of membership and may be collected on a monthly, quarterly, or annual basis at the discretion of the board. Section 8. "Date of Commencement of Annual Assessments: Due Dates" - The annual assessments provided for herein shall commence at the time of the conveyance of each Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors 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 by an officer of the Association setting forth whether the assessments on the specified Lot have been paid. A properly executed certificate of the Association a. s to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9. "Effect of Nonpayment of Assessments: Remedies of the Association" -Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18% per annum. The Association, or any Owner, 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. Section 10. "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. Section 11. "Property Exempt from Assessments" - The following property subject to this declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any local properties owned by the Association. Section 12. "Association Duties" - The Association is authorized, but not limited, to performance of the following: prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Association's LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the _ Association for the next calendar year growing out of or in connection with the maintenance and operation of Common Areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty, and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to Common Areas, snow removal, wages, water charges, legal and accounting fees, management, fees, expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills, and related expenses for any Common Area. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have executed this instrument on this day of 20 L.C. Development, Inc., STATE OF IDAHO } } ss. County of Ada } On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared, L.C. Development, Inc.,., known to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same. LOCUST GROVE PLACE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS ■V�MI CRIMta TESTING L INSPECTION- 0 Environmental Services O Geotechnical En r LS D January 8, 2001 • L Page # 1 of 4 JA" 8 2001 CITY OF N��,'�jj� ❑ ConsttQ¢tiOni�Q3terial�T6oUp��t� O Special Incna.+c.,.,.. \\mtiserver\reports\2001report\000-199\b 10017g\10017geolet.doc Mr. Lee Centers Centers Development, Inc. 325 North Meridian Road Meridian, Idaho 83642 (208) 888-9500 Re: Soil Investigation and Ground Water Levels Proposed Locust Grove Place Subdivision Dear Mr. Centers: 1215 Locust Grove Road, Meridian, Idaho 83642 Materials Testing & Inspection (MTI) performed a soils evaluation, measured ground water levels and prepared soil logs (see attached) for three test pits at the above referenced site. The proposed subdivision is located outside the city limits of Meridian, Idaho, in the NW'/4, NW'/4, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The existing site was mostly flood irrigated pasture and included several single family residences with outbuildings. After site development, flood irrigation activities will cease, which will likely further reduce existing ground water elevations. Three test pits were excavated by the client on January 4, 2001 in pre -selected locations and at depths of approximately 8.5 feet. MU visited the site on January 5, 2001 to observe stabilized ground water conditions in each test pit and log the soils. Test Pit (TP)-1 was located in the southern portion of the site (west of 1215 North Locust Grove Road); TP-2 was in the central portion of the site and TP-3 was at the north end of the site. Each test pit location had similar depth to ground water measurements of 7.5 feet. No evidence of iron -staining or mottling was observed in soils above the current water table in each of the test pits. Historical ground water monitoring data from an MTI piezometer located approximately 800 feet south of the site showed seasonal high ground water depths at 7.37 feet in August, 2000. Based on the observations made from the test pits on -site and data from nearby sites, the average maximum seasonal high ground water depth for the site is likely to be within 7.0 to 7.5 feet. MTI will be conducting periodic ground water monitoring at the site from three piezometers installed in each test pit to confirm our observations. Soil profiles encountered at the site were generally consistent in each test pit with a sandy lean clay topsoil layer, a weakly cemented silty sand horizon, a moderately cemented silty sand and an underlying poorly graded sand with silt and gravel. Based on soil logs of the test pits and others previously excavated at other project sites in the immediate area, the cemented zone encountered at approximately 5.5 feet in depth is likely to be discontinuous throughout the site. In areas where the cemented zone is well developed, infiltration rates of surface water would be greatly reduced. On -site storm water disposal systems should penetrate the cemented zone by at least one foot. We appreciate this opportunity to be of service and look forward to working with you. Should you have any questions or require additional information, please contact our office at your convenience. Respectfully Submitted, Materials Testing & Inspection, O��OFESS/p I Of 0/ c � CHRfSTOPH o Christopher S. Schiappa, P.G. � S. SCH1APPaR r Project Manager a5 s5 880 cc: Joe Canning, B&A Engineers 10 7446 W. Lemhi St., Boise, 709 E-Mail mti@mti-id.com 208 376-4748---,-.--,�_ -.--W-�%LL Fax 208 322-6515 www.mti-id.com & INSpEC760N, INC. IVIAI CKIAL� TESTING L INSPECTION Jauuary t5, GUU1 Page # 2 of 4 ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testinq ❑ Special Inspections Test Pit Log #: 1 Excavated By: Client Depth to Water Table: 7.5 feet \\mtiserver\reports\2001 report\000-199\b 10017g\ 10017geolet.doc GEOTECHNICAL INVESTIGATION TEST PIT Date Advanced: 1/4/01 Logged By: Schiappa Location: South Depth to Bottom Of Hole: 8.5 Feet Depth Field Description Sample Sample Depth USCS Lab Test ID Feet Type (From -TO). T e Dark brown, sandy lean clay, 0-1.3 moist, medium stiff, with CL organics. Light brown, silty sand, dry, very 1.3-5.0 stiff, weakly cemented. ML, Light brown to white, silty sand, 5.0-6.5 dry, hard, moderately to strongly M, cemented. Brown, poorly -graded sand with 6.5-8.5 silt and gravel, moist, dense. Sp Piezometer installed at 8.5 feet. w 7446 W. Lemhi St., Boise, ID 83709 2A01�°�"iolc T�TjNq & INSPEcrioN, INC. 208 376-4748 Fax 208 322-6515 E-Mail mti@mti-id.com www.mti-id.com TESTING E INSPECTION Page # 3 of 4 O Environmental Services O Geotechnical Engineeri-ng ❑ Construction Materials Testing El S ecial Inspections Test Pit Log #: 2 Excavated By: Client Depth to Water Table: 7.5 feet Depth I Field Description \\mtiserver\reports\2001report\000-199\b 10017g\10017geolet.doc GEOTECHNICAL INVESTIGATION TEST PIT Date Advanced: 1/4/01 Logged By: Schiappa Location: Central Depth to Bottom Of Hole: 8.5 Feet I Dark brown, sandy lean clay, 0-1.2 moist, medium stiff, with Light brown, silty sand, dry, very 1.2-5.5 stiff, weakly cemented. Light brown to white, silty sand, 5.5-5.8 dry, hard, moderately to strongly cemented. Brown, poorly -graded sand with 5.8-8.5 silt and gravel, moist, dense. Sample Sample Depth USCS Type (From -To) I Tvne Piezometer installed at 8.5 feet. CL ML ML SP Lab Test ID 7446 W. Lemhi St., Boise, ID 83709 M°INCH & INSPECTION, INC. 208 376-4748 Fax 208 322-6515 E-Mail mti@mti-id.com www.mti-id.com " IVIAI CKIAL'"' TESTING INSPECTION January 8, 2001 Page # 4 of 4 ❑ Environmental Services ❑ Geotechnical Enqineering ❑ Construction Materials Testin 0 Special Inspections Test Pit Log #: 3 Excavated By: Client Depth to Water Table: 7.5 feet Depth I Field Description \\mtiserver\reports\2001 report\000-199\b 10017g\10017geolet.doc GEOTECHNICAL INVESTIGATION TEST PIT Date Advanced: 1/4/01 Logged By: Schiappa Location: North Depth to Bottom Of Hole: 8.5 Feet Dark brown, sandy lean clay, 0-1.3 moist, medium stiff, with organics. Light brown, silty sand, dry, very 1.3-4.9 stiff, weakly cemented. Light brown to white, silty sand, 4.9-5.5 dry, hard, moderately to strongly cemented. Brown, poorly -graded sand with 5.5-8.5 silt and gravel, moist, dense. Sample Sample Depth I USCS Type(From-To) Type Piezometer installed at 8.5 feet. CL ML ML SP Lab Test ID 7446 W. Lemhi St., Boise, ID 83709 � � c 0�,�1�� TE$TINC� & INSPECTiON� INC. 208 376-4748 Fax 208 322-6515 E-Mail mti@mti-id.com www.mti-id.com