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HomeMy WebLinkAboutCity Clerk ChecklistUTY CLERK FILE CHECKLIST Project Name: Marlin Subdivision Contact Name: Winston Moore Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑X Transmittals to agencies and others: ❑X Notice to newspaper with publish dates: QCertifieds to property owners: File No. PP 02-008 Phone: 323-1919 March 15, 2002 Hearing Date: May 2, 2002 March 25, 2002 12-Apr-02 and 26-Apr-02 �T.C, ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: Hearing Date: ❑ City Council Action: ❑ Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper. ❑ Copies Disbursed: Notes: and ❑ Deny RasaNlHons: O 9y Res l Copy Cert hkn,l b-k Cap, Res / Copy Cart city Clerk Cty Engineer Gty PIffiviar City AQorney st.dn Co fins Project Fge Deputy Clerk CWy Res, Ongrei Cert. AAa Courty (CPAs) Apph—t (—CPA ) R.e~ Ord— O�gn� M Copies to-. Cltyclerk Stare Tex Cann. SM, Treesxer, A ta, Assessor Gty Afia Oty Engneer City Pkmx P,.Pd file Appk,, t (if aW ) Deady Clerk FbdWW I OrO.rs: Ongr>� Mreboak Cogesto: Apph—t Project file City Engneer City Plantar cly morn9y D." Clerk •• R Wd V=da FkKWpa •, R.—d.d d W,,W d AQrrm : O,ginal:Rreproot Fik C-. to Appkcart Protect w, City Engineer Cty Plara,er Cry Atl - D." clerk MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208)898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 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: April 25, 2002 Transmittal Date: March 25, 2002 Hearing Date: May 2, 2002 File No.: PP 02-008 Request: Preliminary Plat approval of 152 building lots and 5 other lots on 40 acres in a proposed R-4 zone for proposed Marlin Subdivision By: Winston Moore Location of Property or Project: north of 1-84 and east of South Linder Road David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PPonly) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) CITY OF MERIDIAN Planning & Zoning Department MEN 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax ;'P_` OT009 REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance — 12-3-1 thru 12-3-6) GENERAL INFORMATION 1 3 9 9 rel Name of annexation and subdivision: Marlin Subdivision Address, general location of site: North of I-84, east side of North Linder Road Owner(s) of record: Winston Moore Address: PO Box 8204 Boise, ID 83707 Telephone: 208.323.1919 Fax: 208.323.7523 E mail: Applicant: Winston Moore Address: P.O. Box 8204 Boise, Idaho 83707 Telephone: 208.323.1919 Fax: 208.323.7523 E mail: Engineer: Ashley B. Ford - Planner Firm: Hubble Engineering, Inc. Address: 701 South Allen Street Suite 102, Meridian, Idaho 83642 Telephone: 208.322.8992 Fax: 208.378.0329 E mail: arudel@hubble-eng.com Name and address to receive City billings- Name: W.H. Moore Company Address: same as above Telephone: 208.323.1919 PRELIMINARY PLAT FEATURES 1. 2, 3. 4. 5. 6. 7. 8. 9. 10 11. 12. Acres: 40 acres Number of building lots: 152 Number of other lots: 5 Gross density per acre: 3.93 units per acre Net density per acre: 3.8 units per acre Zoning District(s): Existing: RUT Proposed: R4 Does the plat border a potential green belt or pathway? No Have recreational easements been provided for? No Are there proposed recreational amenities to the City? No Explain: Not Applicable Are there proposed dedications of common areas? Yes Explain: There will be two open space areas provided for the residents of Marlin Subdivision. For future parks? Only for Marlin Explain: Subdivision residents What school(s) service the area? Meridian School District Do you propose any agreements for future school sites? No Explain: The site is not of adequate size for dedication of a future school site Are there any other proposed amenities to the City? Pathways Explain: 13. Type of building (residential, commercial, industrial, office or combination): Residential lots 1 Rev. 06115101 14. Type of dwelling(s,�ingle family, duplexes, multiplexes, oc,� ): Single-family dwellings 15. Proposed development features: a. Minimum square footage of lot(s): 5,000 square feet b. Minimum square footage of structure(s): 1,000 square feet C. Are garages provided for?: Yes Square footage: Minimum as required d. Has landscaping been provided for? Yes Describe: 35' buffer along North Linder Road; 50' buffer along I-84; Open space lots e. Are sprinkler systems provided for? Yes £: Are there multiple units? No Type: Not Applicable Remarks: Not Applicable g. Are there special set back requirements? Yes Explain: Asking for a Variance to setbacks -please see letter of intent h. Value range of property: $100,000 - $135,000 i. Type of financing for development: Cash j. Were protective covenants submitted? Yes Date: March 4, 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 with the above statements. fill R, F115" 2 Rev. 06115101 00�J\S\ON 7 10 11 12 13 14 15 16 17J 18 19 20 22 23 24 25 OC I 26 g wo.taour snag � mwr :mar 8 4 5 5 7 1 13 27 7 3 8 Y 4 8 2 12 28 627 BL OCK J 0 e 3 g 3 11 29 5 1m 8 2 10 r 4v 10 30 4 3 2 1 6 11 g � 5 0 9 �r 31 25 1 � 8 �. 32 4 7 33 a�wao. mu t o a c 22 21 12 34 336 0 9 8 13 14 36 35 7 15 39 40 4 5 6 2 31 0 6 (;T381 1 7 4 8 9 7 --mwtn 10 11 12 4 35 23 21 B[ OCK 6 13 34 14 15 G 16 17 18 19 20 1 eaoor mo„t ue.c Atfi1 :.,� oet 21 12 31 13 14 15 8 17 18 19 20 � 23 4 26 7 30 BL OC/f 7 1 INTERSTATE 84 ofo P�� P /GIN EEC HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 March 5, 2002 Meridian City Council City of Meridian 660 East Watertower Lane, Suite 202 Meridian, Idaho 83642 208/322-8992 . Fax 208/378-0329 RE: Annexation, Rezone, Conditional Use/Planned Development and Preliminary Plat Application for Marlin Subdivision — Letter of Intent Dear Honorable Mayor and City Council Members: On behalf of Winston Moore, please accept our annexation, rezone, conditional use/planned development and preliminary plat applications for Marlin Subdivision. This infill subdivision is located on the north side of Interstate 84 and on the east side of North Linder Road. The property is approximately 40 acres and the property is currently vacant pastureland. The applicant is requesting annexation from Ada County to the City of Meridian with a requested zone change from RUT (Rural Urban Transitional) to R4 (Low Density Residential). The requested R4 zoning designation provides for detached single-family dwellings with a maximum density of four (4) dwelling units per acre, with connection to the municipal water and sewer systems of the city. The applicant intends to develop the property as a single-family infill subdivision with 152 buildable lots. The applicant is proposing an overall density of 3.80 dwelling units per acre. With an R4 density, the development would be compatible with the adjacent R4 densities to the north and east. A zone change is desirable because it will allow for infill development and the continued growth of the City and its existing services. This growth would be in compliance with the intent of the City of Meridian Comprehensive Plan. Under the current 1993 Comprehensive Plan, the site is designated as Mixed Use which requires a Planned Development application irregardless of the zoning district or proposed use. The proposed Comprehensive Plan yet to be adopted, designates the site as Medium Density Residential. This site plan is compatible with either City of Meridian Comprehensive Plan. While a Conditional Use/Planned Development application is required due to the Comprehensive Plan designation, the applicant is requesting a Planned Development in order to provide for a variety of housing products. One means to do this would be the reduction of the required 1,400 square foot single family residential dwelling requirement of the R4 zone. The applicant is proposing minimum house square footages that range from 1,000 square feet to 1,300 square feet depending on the location in Marlin Subdivision (please see Attachment A). The applicant is also requesting a reduction of residential lot square footages in order to provide for a variety of housing types and to provide amenities to the development. The buildable lot sizes in Marlin Subdivision range from 5,000 square feet to 11,596 square feet. In addition, the applicant is also requesting a reduction of the side yard setbacks for one and two story residences to five feet (5'). With the request of this Planned Development, the applicant is providing two (2) open space lots for the benefit of the homeowners in Marlin Subdivision. Each open space lot is centrally located within the site, with one in the northern half of the subdivision and one in the southern portion of the subdivision. The applicant is providing 302,866 square feet of open space for the site or 17.38%. Two (2) micro -paths are provided within the northern portion of the subdivision. One will provide a connection to the subdivision to the north, the second will provide a pedestrian connection to the northwest boundary of the site. This will provide a connection for children who may be walking to the nearby Peregrine Elementary School. The applicant is providing extensive landscaping along North Linder Road to the west, along Interstate 84 to the south, the entryway into Marlin Subdivision from the west and within the two (2) open space lots within the subdivision. A landscape plan, designed by a licensed landscape architect, for each of these sites has been provided with the planned development application. North Linder Road is classified as a minor arterial as adopted by COMPASS in the 2020 Transportation Plan for Ada County, therefore, per the Zoning Ordinance, a 35-foot landscape buffer is required and is being provided. Interstate 84 borders the site to the south,therefore a 50- foot buffer is required and is being provided. Due to Marlin Subdivision exceeding one hundred (100) lots, the Ada County Highway District (ACHD) requires a traffic impact study. A traffic study has been provided with this application by Washington Group International (WGI), please see Exhibit B, and this has been submitted to ACHD. WGI has provided the following findings: • The proposed development is projected to generate an average daily traffic (ADT) of 1,340 vehicles per day (vpd), of which the AM peak traffic (PHT) is 105 vehicles per hour (vph) and the PM peak hour is 141 vph; • The proposed development will access the system primarily via Linder Road; • The intersections of Linder Road and Waltman Street will operate at LOS A under background conditions and after the construction of the school; • The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions. The assumed build out year is 2005; • The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions in the horizon year 2020. Average delay vehicle will increase slightly; • Future improvements should be required to complete traffic studies to assure that the existing transportation system is not taxed. A major project would be an overpass on Linder Road over I-84; • This project is an infill project which will not adversely impact the transportation system. This development should not be required to construct any improvements to the system as mitigation for the traffic impacts. West Verbena Road will serve as the primary access to the site. It is anticipated to carry 1,700 vehicles per day, including traffic from developments to the east for the first 300-feet. Due to the number of average daily trips, these 300-feet of West Verbena Drive will be classified as a residential collector as shown on the site plan. East of that intersection, the maximum daily traffic volume will be approximately 800 vehicle trips per day. The street sections abutting the southerly open space lot (Lot 1, Block 6) have been reduced to 29-foot street sections as allowed by ACRID Policy Manual. These street sections will restrict parking on one (1) side. The narrower street sections will encourage slower speeds and thus, provide more safety to those residents utilizing that open space lot. The specific Comprehensive Plan policies support the requested annexation, rezone, planned development and preliminary plat: Population Growth: • L l U: Approximately 92% to 95% of the new residential development shall occur within the Urban Service Planning Area, where public facilities, essential services and utilities are planned for or are readily available; • 1.3U: Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement. School Facilities: • 3.5: New development should provide for adequate pedestrian and bicycle access for school children within residential neighborhoods to minimize busing. Economic Development: • 11U: Approve quality housing projects that meet the needs of all economic levels; • 3.2U: Encourage efforts to develop and maintain quality neighborhoods and housing which are recognized as basic infrastructure requirements of economic development; Land Use: • 1.5U: Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community; • 1.8U: Promote the development of high -quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods; • 2.1 U: Support a variety of residential categories (urban, rural, single-family, multi family, townhouses, duplexes, apartments, condominiums etc.) for the purpose ofproviding the City with a range of affordable housing opportunities; • 2.2U: Support strategies for the development of neighborhood parks within all residential uses; 3 • 2.5U: Encourage compatible infill development which will improve existing neighborhoods; • 5.8U: Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods; • 5.9U: The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques; • 5.11U: The character, site improvements, and type of development should be harmonized with previously developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction; • 5.13U: Clustering of uses and controlled access points along arterials and collector streets will be required; • 5.14U: Because these areas are near 1-84, Franklin and Overland Roads, high quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures; and • 5.15U: The mixed -use area in the vicinity of the Overland RoadlFranklin RoadlEagle Roadll--84 interchange is a priority development area. Public Services, Utilities and EnerLyy Resources: • 6.6U: Adequate water supply and water pressure should be available to provide fire protection for urban -type development within the Urban Service Planning Area; • 6.9U: Maintain a five-minute or less response time goal to all fire, police and medical emergencies within the City; Transportation: • 3 AU: Extend Linder Road via an overpass to connect with its southern leg, south of I-84. Open Space, Parks and Recreation: • 3.1.E.U: Link residential neighborhoods, park areas and recreation facilities. 4 Cultural and Historic Resources: • 1.11U: Encourage affordable housing to accommodate socio-economic trends in the community. Housing: • 1.3U: An open housing market for all persons, regardless of race, sex, age, religion or ethnic background shall be encouraged; • 1.5U: The City of Meridian shall ensure that no discriminatory restrictions are imposed by local codes and ordinances; • 1.6U: Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and services need; • 1.19U: High -density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfare. Community Design: • 1.3U: Open space areas within all development should be encouraged; • 2.5U: Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public; • 6.11 U: Promote well planned and well -designed affordable housing in all Meridian neighborhoods. In all, we feel that this planned development is very complementary to what was envisioned by the City of Meridian for this area. The submitted site plan has been designed based on Ada County Highway District policy, the City of Meridian Zoning Ordinance, the City of Meridian Subdivision Ordinance and the City of Meridian Comprehensive Plan. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Ashley B. Ford Hubble Engineering, Inc., Senior Planner Representing Winston Moore L' 7 •; �cg�neol .qua$ �all .n IFlMIMb! L MS" 'A I, ff//Y,/, e 1 eve@ wasoll V fit Y x PROPERTY OWNERS WITHIN 300' HIHATH FLOYD & ERMA TRUST HIHATH FLOYD A TRUSTEE 755 5 LINDER RD MERIDIAN ID 83642-0000 BAILEY CATHERINE M GOWANS ANDREW 1701 WALTMAN ST MERIDIAN ID 83642-6123 HOHN5TEIN RONALD A & HOHN5TEIN KAREN C 1655 WALTMAN 5T MERIDIAN ID 83642-6122 HOPE MOUNTAIN TRUST KATHOL TIM L TRUSTEE 865 5 LINDER RD MERIDIAN ID 83642-0000 HARRIS TRACY J & HARRIS MARGARET M 1684 VERBENA DR MERIDIAN ID 83642-6126 HILEMAN F JOHN 1660 W VERBENA DR MERIDIAN ID 83642-0000 FEPGUI50N LYDIA A 995 5 LINDER RD MERIDIAN ID 83642-6109 ZANDER5 TERRY L & ZANDER5 TERESA K 1701 VERBENA DR MERIDIAN ID 83642-6127 TOWNS LARRY E & TOWNS PEGGY J 1655 VERBENA DR MERIDIAN ID 83642-6127 N DER5 TERRY L & ZA ERS TERESA L 1701 V BENA DR MERIDIA 83642-6127 5 LINDER RD GORTON GEORGE RAYMOND JR & GORTON TARA L 1155 5 LINDER RD MERIDIAN ID 83642-6111 HANSEN RICHARD D 1195 5 LINDER RD MERIDIAN ID 83642-6111 POWELL ELMO 5 POWELL JE55IE T 1690 W OVERLAND RD MERIDIAN ID 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STEPHANIE 1114 W HONKER DR 1112 W VERBENA DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 EDGAR CHRISTINE R BENNINGFIELD AARON B 953 5 PELICAN WAY BENNINGFIELD ERIKA M MERIDIAN ID 83642-0000 1047 5 PELICAN WAY MERIDIAN ID 83642-0000 BERRY MICHAEL P & BERRY MELISSA A PARKER RU55ELL J 977 5 PELICAN WAY PARKER CHERYL E MERIDIAN ID 83642-0000 1069 5 PELICAN WAY MERIDIAN ID 83642-0000 SMITH RONALD L SMITH VICKIE K DECKER SCOTT V 1131 W HONKER DR DECKER REBECCA MERIDIAN ID 83642-0000 1135 W VERBENA DR MERIDIAN ID 83642-0000 JACUINDE ARTURO JACUINDE YRENE 1109 W VERBENA DR MERIDIAN ID 83642-0000 HUSIDIC FIKRET HUSIDIC FATIMA A 1103 5 PELICAN WAY MERIDIAN ID 83642-0000 FAULKNER MICHAEL J 1132 W JACKSNIPE DR MERIDIAN ID 83642-0000 BURRIS STANTON H BURRIS JANICE M 1110 W JACKSNIPE DR MERIDIAN ID 83642-0000 ANDONOVSKI PECO ANDONOVSKI ANKICA 11215 PELICAN WAY MERIDIAN ID 83642-0000 SWEARINGEN DAVID K SWEARINGEN TAMMY 5 1139 5 PELICAN WAY MERIDIAN ID 83642-0000 EDWARDS DEARL W TODD TYNA M 1155 5 PELICAN WAY MERIDIAN ID 83642-0000 SMITH MONIKA HUFF5TODT ROBERT D 1141 W JACKSNIPE DR MERIDIAN ID 83642-0000 RUBY KARI-LYN RUBY TRAVIS W 1123 W JACKSNIPE DR MERIDIAN ID 83642-0000 BURLEY NATHANIEL W 1101 W JACKSNIPE DR MERIDIAN ID 83642-0000 BODILY GARY BODILY DEBORAH KAY 1909 HOWARD CALDWELL ID 83605-0000 1580 W OVERLAND RD MATT SAM INC PO BOX 190809 BOISE ID 83719-0809 W OVERLAND RD MERIDIAN FREEWAY ASSOCIATION 1550 5 TECH LN MERIDIAN ID 83642-8118 W OVERLAND RD 3-01-202 2:50PM FROM W.H. MOORE COMPANY 208 323 7523 RECORDED- REQUEST OF P. 2 When Recorded Please Return to Givens Pursley LLP 277 North 6" Street, Suite 200 Boise, ID 83702 Attn: David R. Lombardi IT 031 DE 12 Fill Y 47 GRANT DEED Oil 3MO FOR VALUE RECEIVED, James F. Griffin, a single man ("Grantor'), whose address is 705 North 9'h Street, Boise, ID 83702, does hereby GRANT, BARGAIN, SELL and CONVEY unto KIMBALL PROPERTIES LIMITED PARTNERSHIP, an Idaho limited partnership ("Grantee's, whose address is P.O. Box 8204, Boise, Idaho 83707, the real property in Ada County, State of Idaho, more particularly described on Exhibit A attached hereto and made a part hereof ("Property'). Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the Property, subject only to the matters described on Exhibit B, attached hereto and made a part hereof. TO HAVE AND TO HOLD, the Property with its appurtenances, together with any and all water rights or entitlements to receive water for beneficial use upon the Property, including, but not limited to, ditch or canal company shares, and ditch rights associated with any irrigation or water delivery ditch, canal, lateral or pipeline, unto the Grantee, and Grantee's heirs and assigns forever. And the said Grantor hereby binds himself and his successors to warrant and defend the title as against all acts of the Grantor herein and no other, subject to the matters set forth herein. Dated effective the 1�f ay of December, 2001. GRANTOR: G)ames F. Griffi GRANT DEED - 1 S:1GtIENTSi251Sw3 F;nalDwumenlslGotit Dued(12n1•Ut).doc 3-01 —2©2 2 : 51 PM FROM W. H. MCGRE COMPANY 208 323 7523 P. 3 STATE OF IDAHO ss. County of Ada On this ' 7-"day of December, 2001, before me, a Notary Public in and for the State of Idaho, personally appeared JAMES F. GRIFFIN, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writtan ••�y�nuUp���f d �oTaR • ,� 4 r• - PUBLIG rI1 V op Notary Public for Idaho Residing at ?50iS C My commission expires: GRANT DEED - 2 3ACLI1-:N7S12515132tFinAI P?CVIMe11tckGrant Used (12.11.01).dx 3-01-202 2 : 51 PM FROM W. H. MUUHE UUWANY Gars r . EXHIBIT A Description of Property GRANT DEED - 3 SOCLIENM25151121Final D0(,Vm8l)t9\Gr7nf Daeq (12.11.01).Coc 3-01-202 2 : 52PM FROM W. H. MOORE COMPANY 208 323 7523 P. S PARCEL 1 A parcel of land located in the Northeast Quarter and Southeast Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, the same being depicted on Record of Survey No. 5447 recorded July 2, 2001 as Instrument No. 101065642, Records of Ada'County, Idaho, more particularly described as follows: Commencing at the Northeast comer of said Section 20, of which the Southeast corner of said Northeast Quarter bears South 001 14' 45" West, 2651.89 feet, thence along the Northerly line of said Northeast Quarter, South 89' 46I.8" West, 1328.41 feet to the POINT OF BEGINNING and the Northwest corner of the East %z of the Northeast Quarter of said Section 20; thence along the Westerly line of said East'/2, South 00' 19' 52" West, 55.00 feet; thence along a line parallel with and 55.00 feet southerly of said Northerly line of Section 20, North 89' 46' 18" East 1273.49 feet to a point 55.00 feet Westerly of the Easterly line of said Northeast Quarter, thence along a line 55.00 feet Westerly of and parallel with said Easterly line, South 00' 14' 45" West, 594.66 feet, thence North 89' 56' 06" East, 55.00 feet to a point on the Easterly line of said Northeast Quarter; thence along said line South 00' 14' 45" West, 2002.07 feet to the Southeast corner of said Northeast Quarter; thence along the Easterly line of the Southeast Quarter of said Section 20 South 00' 00' 0 1 " West, 196.19 feet; thence North 68' 20' 09" West 26.90 feet to the Northeast corner of Lot 34, Block 4 of Thousand Springs Subdivision No. I as shown on the official plat thereof recorded in Boot: 78 at Pages 8248 through 8249, Ada County Records; thence along the Northerly boundary of said Subdivision the following courses: North, 68' 20' 09" West 339.38 feet to the beginning of a tangent curve; thence Along said curve to the left having a radius of 250.00 feet, an arc length of 222.33 feet, a central angle of 50' 57' 18", and a chord bearing and distance of South 86' 11' 12" West, 215.08 feet; thence tangent from said curve South 60' 42' 33" West, 121.50 feet to the beginning of a tangent curve; thence Along said curve to the left having a radius of 200.00 feet, anarc length of 116.45 feet, a central angle of 33' 21' 36", and a chord bearing and distance of South.77" 23' 21" West, 114.81 feet; thence tangent from said curve North 85° 55' 51" West, 561.11 feet to the Westerly line of the Easi %z bf the Southeast Quarter of said Section 20; thence leaving said Subdivision line, along said Westerly lure North 00" 11' 26" East, 118.03 feet to the Southwest comer of the East '/2 of the Northeast Quarter of said Section 20; thence along the Southerly lime of the West'/2.. of the Northeast Quarter South 89" 54' 44" West, 84.07 feet; thence leaving said line North 010 42' 52" East, 2649.75 feet to the Northerly line of the Northeast Quarter of said Section 20; thence along said line North 890 46' 17" East, 20.10 feet to the POINT OF BEGINNING: 3-01-202 2:52PM PARCEL 2 FROM W.H. MOORE COMPANY 208 323 7523 A Parcel of land located in the Southwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, the same being depicted on Record of Survey No. 5446 recorded July 2, 2001 as Instrument No. 101065643, Records of Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of said Southwest Quarter, of which the Southwest corner of said Southwest Quarter bears South 00' 00' 26" East, 2651.35 feet, thence along the Northerly line of Southwest Quarter and the Southerly Boundary line of The Landing Subdivision No. 7, as shown on the official plat thereof recorded in Book 69, at Pages 7085 through 7086, Ada County Records; thence North 89' 59' 42" East, 1326.84 feet to the Northeast corner of the Northwest Quarter of said Southwest Quarter; thence South 0.0' 0V 40" East, 1326.16 feet to the Northerly right-of-way line of Interstate Highway No. 84 as shown on Federal Aid Project No. I-80N-1 (12) 37 on file at the offices of the Idaho Transportation Department, Boise, Idaho, thence along said right-of- way line North 89' 53' 55" West, 1327.32 feet to the Westerly line of said Southwest Quarter; thence along said Westerly line North 00' 00' 26" West, 1323.70 feet to the POINT OF BEGINNING. P. 6 3-OA-202 d : OSPM FROM W.H. MOORE COMPANY 208 323 7S23 P. 2 AFFIDAVIT OF OWNER STATE OF IDAHO ) ) ss COUNTY OF ADA ) ici ya�ln�w ey�ta� �V I, as, he titled owner of record, Winston Moore, of W.H Moore Company authorize Hubble Engineering, Inc. to request and submit an Annexation and Zone change application, Planned Development application, Preliminary Plat application and any other necessary applications on my 40 acre parcel on North Linder Rd. in Meridian, Idaho. The metes and bounds legal description for the above parcel(s) is a pan of this application packet for the Marlin Subdivision Development. Dated:. qjn�son Moore, Owne W.H. Moore Company Subscribed and sworn to before me a notary public in and for the State of Idaho. Notary Public a Residing at ---------- Commission Expires Q. / V • ^'� t Y � 1:T-j-6W}i wre 1.inder(u2.o17-M)q)0cwAcnt.WF1DAV1T OF OWNERdo;.do, aG%N E,R s s�% HUEELE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0201700 MARLIN SUBDIVISION 208/322-8992 . Fax 208/378-0329 March 4, 2002 A portion of the Northwest '/4 of the Southwest Y4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 14, 23, 24, and the said Section 13; Thence North 00000'26" West, 2651.33 feet to the '/4 corner common to said Sections 13 and 14 and the REAL POINT OF BEGINNING. Thence along the South boundary of The Landing Subdivision No. 7, as same is recorded in Book 69 of plats at Page 7085, records of Ada County, Idaho, North 89059'42" East, 1326.84 feet (record North 89059'23" East, 1326.82 feet) to the C-W 1/16 corner, common to the Northwest corner of The Landing Subdivision No. 9, as same is recorded in Book 74 of plats at page 7658, records of Ada County, Idaho; Thence along the West boundary of said subdivision and the West boundary The Landings Subdivision No. 10 and The Landings Subdivision No. 11, as same are recorded in Book 78 of plats at page, 8286, and Book 79 of plats at Page 8526, respectively, South 00°01'40" East, 1326.17 feet (record South 00°01'36" East, 1326.63) to the Southwest corner of The Landings Subdivision No. 11 lying on the Northerly right-of-way of Interstate 84; Thence along said right-of-way North 89°53'54" West, 1327.32 feet to a point on the West boundary of said Section 13, Thence along said boundary, common to the East boundary of Primrose Subdivision, as same is recorded in Book 25 of plats at page 1576, records of Ada County, Idaho, North 00000'26" East (record North 00033'54" East), 1323.70 feet to the Point of Beginning. Containing 40.36 acres, more or less. Prepared by: NUBBLE ENG 4431 �FRRy RING, INC. 8 D. Terry Peugh, P.L.S. J AProjects\Survey0ocumen tsTTP-MarlinSub. doc I, Cara Duskey, representative of Winston H. Moore, the developer of the proposed Marlin Subdivision do hereby affirm that the said property will be posted one week before the public hearing. Cara Duskey, Hubb Engineering, Inc. Acknowledgement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS _� day of , 2002, before me a notary public in and for said State, personally appeared Cara Duskey known to me 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 written. Notary,Public for Idaho Residing in My Commission Expires: /lL-Q •�Z� raj MATERIAL. TESTING & INSPECTION %.J March 11, 2002 Page # 1 of 2 \\mtiserver\reports\2002 reports\000-199\b20158g\preliminary.doc ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Mr. Jonathan Seel W.H. Moore Company 600 N. Steelhead Way, Suite 144 Boise, Idaho 83707 Re: Preliminary Groundwater Report For the Proposed Marlen Subdivision NEC Linder Road & I-84 Meridian, Idaho Dear Mr. Seel: In compliance with your instructions, we have conducted a soils exploration and local groundwater evaluation for the above mentioned development. Field work for this investigation was conducted on 6 March 2002. Data is being analyzed to evaluate pertinent geotechnical conditions. Provided in this Preliminary Groundwater Report is information relative to current groundwater conditions, estimations of shallow summer groundwater levels, near surface soils conditions, and estimated ranges of hydraulic conductivity values for those soils. A complete Geotechnical Engineering Report will be issued by 20 March 2002. Plans provided by the client indicate the proposed subdivision is planned for approximately 148 residential and common area lots. The number, location, and depth of the drainage facilities are presently unknown; however, it is anticipated that the seepage beds or drain swales will be extended into the free -draining material present at a depth of approximately five to six feet. To date, no percolation testing has been completed on site. Subsurface Conditions: Four test pits were advanced at the locations shown on the attached site plan. Underlying the surficial soft soils or plow zone that extends commonly to a depth of 1.5 feet, are dark brown to brown, clay to silt soils (CL-ML), with varying amounts of sand. With depth soils exhibit a range of induration comprised of calcium carbonate cementation. These soils varied from slightly moist to moist, exhibited consistencies of stiff to hard, and extended to the granular sediments found at 5 to 6 feet. The granular sediments usually included an upper layer of poorly graded sand (SP) with minor gravel, then poorly graded gravels extending to beyond the depths of our explorations. Gravel clasts were generally sub rounded to well rounded granitic rock, and displayed an increase in size with increased depth. Water Level Measurements: Groundwater was encountered in three of the four test pits advanced during this investigation. Soil moistures in each of the test pits were generally slightly moist to moist within the upper cohesive soils and slightly moist below. Groundwater levels were deepest at 16.4 feet of depth in the northwestern portion of the project in test pit 1. The shallowest depth at which it was encountered was 11.1 feet in the south east corner of the site, test pit 3. Groundwater was also reached in the test pit within the southwest portion of the property, at 13.9 feet of depth in test pit 4. This produces a groundwater gradient that slopes to the Copyright' 2002 Materials Testing & Inspection, Inc. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 E-Mail mti@mti-id.com www.mti-id.com MATERIALS TESTING & INSPECTION u March 11, 2002 Page # 2 of 2 \\mtiserver\reports\2002 reports\000-199\b20158g\preliminary.doc ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections northwest, which agrees with currently published data on groundwater prepared by the Idaho Department of Water Resources (9/8/98). These levels are indicative of conditions prevalent during winter months when irrigation waters are not flowing. The extent to which local groundwater levels can fluctuate under seasonal influences is problematic, and questionable without regular monitoring. Therefore, piezometers have been installed at each of the test pit locations. Also to be considered is that as residential development expands through the surrounding area, and irrigated cropland is decreased, the regional shallow groundwater level will become depressed. Hydraulic Conductivity: Soil permeability is a measure of the ability of a liquid to move through a soil and was not tested in the field. In this report this parameter is approximated by soil type and gradation. Of soils and sediments comprising the generalized subsurface profile for this study, lean clay and silt soils generally offer little permeability, with typical hydraulic conductivity values less than 2 inches per hour. Conductivity values for these materials will increase as the sand fraction increases. However, as the amount of cementation increases, the soil conductivity will conversely decrease. Poorly graded sand and poorly graded sandy gravel mixtures encountered at depth typically exhibit hydraulic conductivity values in excess of 24 inches per hour. Conclusions: Our investigation suggests that the native poorly graded sands and gravels found at depths, likely to be encountered at approximately 5 to 6 feet, are highly permeable. These soils can be expected to permit the rapid drainage of storm water. It should be noted that the weak to moderate cementation encountered between 2 and 5 feet will limit percolation rates and these soils should be excavated to ensure prop drainage. Also, because of the high permeability of the poorly ;traded sands the incorporation of filter sand within the seepage bed design should be anticipated We appreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have any questions please ca 1 us at (208) 376-4748. pFESS/p�A Respectfully SubmiZlii*�Vectinn_ Materials Teshing In . Geotechnical Services Enclosure Site Plan 7446 W. Lemhi St., Boise, ID 83709 E-Mail mti@mti-id.com Copyright' 2002 Materials Testing & Inspection, Inc. 208 376-4748 Fax 208 322-6515 www.mti-id.com Sit --Plan with Test Pit Locat,..ns Plate 1 71 1 O mTest PR 2 Te* P. 1 5 E-- rJ U v U i e U V v v (D J \, L") o 3< a 0 }, G 29 G 0 0U FEENA CFIY c v 0 /2 Ya 4 U } ^ Test Pit 4 O T z, G U 16 a 8 ,9 U U G v z8 v S.A. 5f v— —cr I N T E R S 7 A 7 E & 4 Materials Co Testing & 7446 West Lerch Sredt BaSEIDAHO �7� (243764748 FAX (2M 3224515 Proposed Marten Subdivision NEC Linder Road & 1-84 Meridian, Idaho Drawing NO. B20158geo Date: 08 March 2002 Inspection E�141L,4M"4dcan Drawn By: KLS Legend N W E All Locations Approximate NOT TO SCALE Test Pit Locations 3-11-202 11:58AM FROM W.H. MOORE COMPANY 208 323 7523 MATERIALS - 16 TE ST I N G & Post -it" Fax Note 7671 Date ROPY - INSPECTION To S-fz"`' Co./Debt co. D Environmental Services 0 Geotechnical E Mr. Jonathan Seel W.H. Moore Company 600 N. Steelhead Way, Suite 144 Boise, Tdaho 83707 Dear Mr. Seel: Phone Fax / ,...Ytf 4ta4. Q Phone M 14. a Re: Preliminary Groundwater Report For the Proposed Marlen Subdivision NEC Linder Road & I-84 Meridian, Idaho C% W 111, 20.02 ge # 1 of 2 iminary.doc pections Tn compliance with your instructions, we have conducted a soils exploration and local groundwater evaluation for the above mentioned development. Field work for this investigation was conducted. on 6 March 2002. Data is being analyzed to evaluate pertinent geotechnical conditions. Provided in this Preliminary Groundwater Report is information relative to current groundwater conditions, estimations of shallow summer groundwater levels, near surface soils conditions, and estimated ranges of hydraulic conductivity values for those soils. A complete Geotechnical Engineering Report will be issued by 20 March 2002. Plans provided by the client indicate the proposed subdivision is planned for approximately 148 residential and common area lots. The number, location, and depth of the drainage facilities are presently unknown; however, it is anticipated that the seepage beds or drain swales will be extended into the free -draining material present at a depth of approximately rive to six feet. To date, no percolation testing has been completed on site. Subsurface Conditions: Four test pits were advanced at the locations shown on: the attached site plan. Underlying the surficial soft soils or plow zone that extends commonly to a depth of 1.5 feet, are dark brown to brown, clay to silt soils (CL-ML), with varying amounts of sand. With depth soils exhibit a range of induration comprised of calcium carbonate cementation. These soils varied from slightly moist to moist, exhibited consistencies of stiff to hard, and extended to the granular sediments found at 5 to 6 feet. The granular sediments usually included an upper layer of poorly graded sand (SP) with minor gravel, then poorly graded gravels extending to beyond the depths of our explorations. Gravel. clasts were generally sub rounded to well rounded granitic rock, and displayed an increase in size with increased depth. Water Level Measurements: Groundwater was encountered in three of the four test pits advanced during this investigation.. Soil moistures in each of the test pits were generally slightly moist to moist within the upper cohesive soils and slightly moist below. Groundwater levels were deepest at 16.4 feet of depth in the northwestern portion of the project in test pit 1. The shallowest depth at which .it was encountered was 11.1 feet in the south east comer of the site, test pit 3. Groundwater was also reached in the test pit within the southwest portion of the property, at 13.9 feet of depth in test pit 4. This produces a groundwater gradient that slopes to the Copyright' 2002 Materials Testing & Inspection, Inc. 7446 W, Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 r k._a :j 3-1 1-202 1 1 : 59AM FROM W. H. MOORE COMPANY 208 323 7523 P. 2 MATERIALS March # 2002 C Page 2 of 2 V TESTING \\mtiserver\reports\2002 reports\000-199\b20158g\preliminary. doo INSPECTION O Environmental Services ❑ Geotechnical Engineering O Construction Materials Testing 0 Special Inspections northwest, which agrees with currently published data on groundwater prepared by the Idaho Department of Water Resources (9/8/98). These levels are indicative of conditions prevalent during winter months when irrigation waters are not flowing. The extent to which local groundwater levels can fluctuate under seasonal influences is problematic, and questionable without regular monitoring. Therefore, piezometers have been installed at each of the test pit locations. Also to be considered is that as residential development expands through the surrounding area, and irrigated cropland is decreased, the regional shallow groundwater level will become depressed. Hydraulic Conductivity: Soil permeability is a measure of the ability of a liquid to move through a soil and was not tested in the field. In this report this parameter is approximated by soil type and gradation_ Of soils and sediments comprising the generalized subsurface profile for this study, lean clay and silt soils generally offer little permeability, with typical hydraulic conductivity values less than 2 inches per hour. Conductivity values for these materials will increase as the sand fraction increases. However, as the amount of cementation increases, the soil conductivity will conversely decrease. Poorly graded sand and poorly graded sandy gravel mixtures encountered at depth typically exhibit hydraulic conductivity values in excess of 24 inches per hour. Conclusions: Our investigation suggests that the native poorly graded sands and gravels found at depths, likely to be encountered at approximately 5 to 6 feet, are highly permeable. These soils can be expected to permit the rapid drainage of storm water. It should be noted that the weak to moderate cementation encountered between 2 and 5 feet will limit percolation rates and these soils should be excavated to ensure Droner drainage. Also, because of the high permeability of the poorly graded sands, the mcomoration of filter sand within the seepage bed design should be anticipated. We appreciate this opportunity to be of service to you and we look forward to working with you in the future. T.f you have any questions pleases l us at (208) 376-4748. Respectfully Subrnitte ,oQF�sSlp, Materials Tesiiiw 14�r ection.In keen L Sc oe er, Geotechnical Services nF \Oe5l Enclosure Site Plan Copyright' 2002 Materials Tcsting & Inspoction, Inc. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 Site Plan with Test Pit Locations MatetiaN Testing & ln5P�ctiOn Eh141L MA V"Mcm 740 Wed Loma Steel MSE &W WN (M VW743 FAX M M015 ,"Ir-,,: I A : r :1: Proposed Marlen Subdivision NEC Undor Road S 1-84 Meridian, Idaho Drawing NO. 820158ggro Date: 08 March 2002 Drawn 8:v; KLS w E All Locations Appror.lnwte NOT TO SCALE Test Pit Locations Plate 1 d OZSL i✓ZS 8aZ ANVdH00 5b00H -H "M H0b5 HV65: L L Z:W— L L-0 1 O l -o c c a� cv rn a� c a� c m Traffic Impact Study Marlin Subdivision Meridian, Idaho Prepared for: W. H. Moore Company 600 North Steelhead Way Suite 144 Boise, ID 83702 Prepared by: Earth Tech 3071 E. Franklin Road, Suite 301 Meridian, ID 83642 (208) 855-2000 March 4, 2002 1 i TABLE OF CONTENTS EXECUTIVESUMMARY.......................................................................................................................... 1 INTRODUCTION........................................................................................................................................ 2 PROPOSEDDEVELOPMENT................................................................................................................... 2 STUDYAREA CONDITIONS................................................................................................................... 2 StudyArea............................................................................................................................................. 2 LandUse................................................................................................................................ EXISTINGCONDITIONS.......................................................................................................................... 5 TrafficVolumes..................................................................................................................................... 5 RoadSystem.......................................................................................................................................... 5 STUDY PERIOD .................................. PROJECTED TRAFFIC ................................... 7 .............................................................................. SiteTraffic.............................................................................. 7 ................................................... Trip Generation ................... 7 ................................................................................................. TripDistribution.............................................................................................................................. 8 OffSite Traffic..................................................................................................................................... 10 BackgroundTraffic.............................................................................................................................. 10 3 TotalTraffic................................................................... . HorizonYear Traffic............................................................................................................................ 10 iTRAFFIC ANALYSIS............................................................................................................................... 14 Capacity Analysis and Level-of-Service.............................................................................................. 14 SiteCirculation................................................................................................................ .................... 14 OffSite Improvements......................................................................................................................... 16 DISCUSSIONS.......................................................................................................................................... 16 CONCLUSIONS........................................................................................................................................ 17 Traffic Impact Study for Marlin Subdivison, Meridian, Idaho EXECUTIVE SUMMARY The proposed development, the Marlin Subdivision. is a 152 unit residential subdivision located on Linder Road in Meridian, Idaho. The preliminary plans calls for all units to be detached, single family dwelling units. The site is located north of I-84 and south of Franklin Road. The preliminary site plan is shown in Figure 2. This project is an infill project which will not adversely impact the transportation system. This development should not be required to construct any improvements to the system as mitigation for the traffic impacts. The construction of West Verbena Road will allow easier access to Linder Road for existing subdivisions. This road should be designed as a collector road to the second intersection to the north (about 300 feet). East of that location, the traffic is low enough to be classified as a local road. If traffic on this road is considered a problem for the developer, they may consider realigning the road to make the connection more circuitous or indirect. This study identifies transportation impacts associated with Marlin Subdivision, in Meridian, Idaho. The following are the principal findings and recommendations of the study: • The proposed development is projected to generate an average daily traffic (ADT) of 1455 vehicles per day (vpd), of which the AM peak hour traffic (PHT) is 114 vehicles per hour (vph) and the PM peak hour is 154 vph.. • The proposed development will access the system primarily via Linder Road. • The intersections of Linder Road and Waltman Street will operate at LOS A under background conditions and after the construction of the school. • The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions. The assumed build out year is 2005. • The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions in the horizon year 2020. Average delay per vehicle will increase slightly. • Future improvements should be required to complete traffic studies to assure that the existing transportation system is not over taxed. A major project would be an overpass on Linder Road over I-84. E 1 E E M T E C M 03104102 L: I WORK I535B7_WHMoore_LinderTIP l Trans Idocs I TIS. doc Page - I Traffic Impact Study for Marlin Subdivison, Meridian, Idaho INTRODUCTION Earth Tech has been retained to prepare a traffic impact study for the proposed residential subdivision in Meridian, Idaho. Figure 1 shows the location of the project. The purpose of this study is to evaluate the traffic impacts resulting from the project, and make recommendations for mitigation to the impacts. In particular, the scope of the study includes the following: • Trip generation of the proposed development; • Trip distribution and traffic assignment of the site generated traffic; • Roadway capacity impacts at the intersections of Franklin Road and Linder Road, and Waltman Street and Linder Road; • Determine the anticipated traffic volumes of on site roadways. PROPOSED DEVELOPMENT The proposed development, the Marlin Subdivision. is a 152 unit residential subdivision located on Linder Road in Meridian, Idaho. The preliminary plans calls for all units to be detached, single family dwelling units. The site is located north of I-84 and south of Franklin Road. The preliminary site plan is shown in Figure 2. STUDY AREA CONDITIONS Study Area The area of influence will be Linder Road and Franklin Road. The primary area of study will be the intersections of Franklin Road and Linder Road, and Waltman Street and Linder Road. The intersection of Linder Road and Franklin Road experiences peak hour traffic during the PM Peak hour. Therefore, the PM peak hour is considered critical for this intersection and is the focus of this study. Peregrine Elementary School is located on Waltman Road. Schools generate peak hour traffic during the AM peak hour. The PM peak hour for schools is usually between 3:00 PM and 4:00 PM, which usually does not coincide with the peak hour of traffic on the street. For this reason, the AM peak hour of traffic for the intersection of Waltman Street and Linder Road was considered as critical for this study. Land Use The site is currently vacant and zoned as residential. No rezone is requested for this project. 03/04/01 v� L:IWORKI53587 HIHAfoore_LinderTlPlTraits Woes IT/S.doc Page - 2 U *F_ A i W [r, p.. —) p 6- LL a. m I Pil 13j�Ea L'L m K. L ,p� W �o h � E5 Traffic Impact Study for Marlin Subdivison, Meridian, Idaho EXISTING CONDITIONS Traffic Volumes PM peak hour traffic counts at the intersection of Linder Road and Franklin Road were obtained by Earth Tech on February 14, 2002. A reduction of the counts is included in the appendix of this report. AM peak counts at the intersection of Linder Road and Waltman Street were obtained in on February 20, 2002. Existing 2002 turning movements are summarized in Figure 3. Existing daily traffic counts for Linder Road and. Franklin Road were obtained from the website of Community Planning Association (COMPASS) and are included in the Appendix. Road System The road system in the site vicinity is described below: • Linder Road is classified as a minor arterial by COMPASS. It consists of two lanes with curb } and gutter. It has a speed limit of 20 mph in the vicinity of the project. • Franklin Road is classified as a minor arterial by COMPASS. It consists of five lanes with curb and gutter and bike lanes. Just to the west of Linder Road, Franklin Road becomes a two lane road. It has a posted speed limit of 35 mph. i STUDY PERIOD The analysis year for this study will be 2005, with and without the project. The horizon year will be year 2020. F A N i X"♦ e C M 03104102 *wo.- M ro .,. Page - 5 L: I WORKI53587_WHMoore_LinderT/PI Trans Woes l T/S. doc Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Figure 3 — Existing Traffic Counts Waltman Road and Linder Road Existing Peak Hour Counts Linder Road Year: 2002 283 AM Peak Hour 162 121 157 5 0 105 16 0 i Franklin Road j 157 0 157 0 t--- ------------- ------- �---1--------- 0 0 � I — _.� , >. 0 262 ` — 0 105 ; ii — — — -•------ ► i\ 105 0------------A•------------ ----------0 0 1 0 0 ; i i 0 5 0 0 16 0 5 16 21 i Franklin Road and Linder Road 1 Existing Peak Hour Counts Linder Road Year: 2002 795 PM Peak Hour 370 425 36 101 233 38 61 326 i Franklin Road 36 326 460 388 t--- ------------- ------- ��--1--------- 388 877 36 163 758 1411 'yam 233 38 X - 2. 219> ------------------ -------------0- 219 534 1 ; 41 82 I J 41 101 163 36 61 82 305 179 4 l [ A n t N" 03104101 oyco ¢.o m ro«w Page - 6 L.•IWOPKI535S7 WNMoore_LinderTIPITrans WocsITIS.doC I Traffic Impact Study for Marlin Subdivison, Meridian, Idaho PROJECTED TRAFFIC Site Traffic Trip Generation Site traffic generation is normally estimated by procedures recommended in the latest edition of the Trip Generation Manual (61h Ed), published by the Institute of Transportation Engineers (ITE), in the absence of site -specific data. Trip rates estimated in the manual are based on actual driveway traffic measurements performed on different land uses nationwide, particularly in metropolitan areas. The site trip generation is obtained by applying the trip rates (from the Trip Generation Manual) of the "Elementary School" for the project development. Table 1 represents the summary of the site trip generation. Trip generation results indicate that the site is projected to generate an average daily traffic (ADT) of 1340 vehicles per day (vpd) and an AM peak hour traffic (PHT) of 105 vehicles per hour (vph), and a PM peak hour traffic of 141 vph.. Table 1 Summary of Trip Generation Calculation Marlin subdivision Summary of Trip Generation Calculation For 152 Dwelling Units of Single Family Detached Housing March 04, 2002 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 9.57 3.69 1.00 1455 7-9 AM Peak Hour Enter 0.19 0.00 1.00 29 7-9 AM Peak Hour Exit 0.56 0.00 1.00 85 7-9 AM Peak Hour Total 0.75 0.90 1.00 114 4-6 PM Peak Hour Enter 0.65 0.00 1.00 99 4-6 PM Peak Hour Exit 0.36 0.00 1.00 55 4-6 PM Peak Hour Total 1.01 1.05 1.00 154 Saturday 2-Way Volume 10.09 3.67 1.00 1534 Saturday Peak Hour Enter 0.51 0.00 1.00 78 Saturday Peak Hour Exit 0.43 0.00 1.00 65 Saturday Peak Hour Total 0.94 0.99 1.00 143 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS E A R f R `' T i C n 03104102 . two ­M d. , LIWORKI53587 WHMoore LinderTIPlTransWoesITIS.doc Page - 7 1%1� Traffic Irnpact Study for Marlin Subdivison, Meridian, Idaho Trip Distribution Once the generated trips are estimated, they must be distributed to geographic origins or destinations and assigned to the transportation system. The distribution of this traffic is based on existing traffic patterns. The distribution of site is shown in Figure 4. The model indicates that 50% of the traffic will travel east, towards the downtown area of Meridian, and 35% will travel north, 10% will travel west. It is estimated the 5% of the trips will travel through the easterly access to the site. Site traffic is assigned to the intersections as shown in Figure 5. Figure 4 - Trip Distribution 35% E A R T H 03104102 �-v Page - 3 L:IWORKl53587 WHMocre LinderTlPITransWocsS TIS.doc Figure 5 — Site Traffic Waltman Road and Linder Road Site Traffic Linder Road Year: 2005 103 AM Peak Hour-� Franklin Road t �ti.. Traff c Impact Study for Marlin Subdivison, Meridian, Idaho r 28 75 NOM, 0 28 0 0 75 0 i 0 i 0 --- --- 7 ----- � .----j--------� i 5----- - ► 01 t-•1 ---------------------♦ ' 3 ' 0 0 0 0 0 0 0 0 0 3 28 0 5 75 0 31 80 111 Franklin Road and Linder Road Site Traffic Linder Road Year: 2005 51 PM Peak Hour 34 17 , NOM 0 34 0 0 17 0 ♦ 4, Franklin Road I 0 0 10 0 /-------------v ----- �.---T-------- r< 0 50 10f--- --- ,�� I-- 50 21 I <. •� I 0 0 11 0-ii------ ' --�--------------------- ♦ 1 0 24 11 24 11 34 50 10 17 24 95 51 � J 146 F A M T N L\ T [ G 03104102 L: I WORKI53587WHMoore-LinderT/PI Trans Idocs I TIS. doc 74 Page - 9 Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Off Site Traffic There are no major developments planned for this area, that would contribute a significant amount of traffic to the system. However, it is estimated that the connection of Verbena Drive from Linder Road to Pelican Way, will allow a more direct connection to Linder Road for the existing subdivision to the east. It is the opinion of this report that traffic from the existing subdivisions will use this route and impact the intersection of Linder Road and Waltman Street. This traffic is included in the Total Traffic. This traffic is already using the intersection of Linder Road and Franklin Road, so it is not added to that intersections. Background Traffic Background traffic for the year 2005 on existing roadways was obtained by projecting the existing counted intersection traffic at an assumed growth factor. These growth rates were based on the assumed projections in the area. Total traffic distribution without the site for year 2005 is shown in Figure 6. This traffic will be considered the background traffic for the study. J Since much of the area is already built out and the system is generally closed, the growth rates are expected to be small and will achieve the maximum traffic volumes within the expected build out of the project. The traffic at Waltman and Linder is not expanded beyond the 2005 projections. Total Traffic The site traffic is added to the background traffic to obtain the build/total traffic for the year 2005. Drive Total traffic distribution at build out of the site for year 2010 is shown in Figure 7. Horizon Year Traffic j Background traffic was expanded for year 2020. The assumed growth rates and traffic volumes for year 2020 background traffic are shown in Figure 8. Anticipated total traffic for year 2020 is also shown in Figure 8. Only the Linder/Franklin Intersection is expanded for year 2020 for the reasons discussed above. E A R T H 03104102 Page - 10 L: I WORKI53587_WHMoore_L inderTIPI Transldocs I TIS. doc --.. Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Figure 6 — Background Traffic Build Out Year Background Traffic Linder Road Year: 2005 Approach Growth: AM Peak Hour 2% 2% 2% 304 Intersection Growth Rate 172 132 3% NORTH 167 5 0 111 21 0 1 I Franklin Road 167 0 3% 167 0 f--------------- V -----------------L 0 0 3% '\ i 0 f-- - ---- �� ---- 0 3% j 278 2% 111 ---- \�\� �'— --- ---► 0 2% 111 0 ------------------- --------------♦ 0 0 2% 0 0 i 1 v I 0 5 0 0 21 0 5 21 v 26 Franklin Road and Linder Road Build Out Year Background Traffic Linder Road Year: 2005 Approach Growth: PM Peak Hour 3% 3% 3% 869 4 Intersection Growth Rate 404 465 i 3% NORTH 39 110 255 42 67 356 Franklin Road j 39 356 3% 502 424 f-----------------------1- ----------i- \! 424 958 3% 39 178 3% 1542 828 _ _ �'� / x 3% 42 — — -- - - - ► 255 3% 326 239 1-------r--a.------------'--------------i 239 584 I 3% 45 90 J I 45 110 178 39 67 90 333 196 J 529 E A A i X 03104102 rycu.°� emu° L:IWORKI53587 WHMoore— LinderTIPlTransldocsIT/S.doc i — Page - 11 Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Figure 7 — Total Traffic Waltman Road and Linder Road Total Traffic Linder Road Year: 2005 416 AM Peak Hour 194 222 mom 162 32 0 106 116 0 I 1 Franklin Road 170 284 10 114 0 8 1 i 162 0 -4-------------- V------ ------------= 8 f-------- I I 1 I a---------- ---------------------- ► I 1 I I 1 1 0 0 0 0 0 0 0 0 01 I 1 8 32 0 8 116 0 40 124 j v 164 Franklin Road and Linder Road Total Traffic Linder Road Year: 2005 920 PM Peak Hour 438 482 39( 144 255 42 84 356 wom Franklin Road I 39 356 512 424 t-------------V----->----------- 424 1008 49 f-------• — — 1 \i •--- — 228 / 1616 849 ^ \ 42 — — .( �''� -_•-•-- - 255 l 337 239 ;--------��I--------------------- ► 239 608 ; 1 56 114 I c 56 144 228 49 84 114 428 247 `—Y J ` 675 E A X 1 N T E C M 03104101 Page - 11 L: I WORK15358 7_ WHMoore—LinderTIPI Trans Idocs l TIS. doc Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Figure 8 — Horizon Year Traffic Waltman Road and Linder Road Total Traffic Linder Road Year: 2005 427 � AM Peak Hour 200 227 162 38 0 106 121 0 NOM Franklin Road I ' 162 i 0 172 0 f----------------------------- 0 0 10f---- --- 0 I 286 0 106 1-- — /. \ 1 114 0------1 -----------'------------ ► 0 0 8 0 I 1 i I 1 r � 8 38 0 10 121 0 � J Y 46 131 � J Franklin Road and Linder Road I Total Traffic Linder Road Year. 2020 1134 ! PM Peak Hour 518 616 r---111—� NOM 51 162 305 55 96 465 Franklin Road i 51 465 661 554 f------------------------I---------�� 554 1277 '\ I 56f---- ----1 \:K/ _.----- 258 ` 2024 1097 j 55 X. ---- -- ► 305 436 312 ---------------------------- ► 312 747 I 69 ; 130 I I 69 162 258 56 96 130 489 282 771 E A A T A T E C X 03104102 � tqc rq. a«m Page - 13 L:IVORKIS3587-WHMoore_LinderTIRTransldocsITIS.doc Traffic Impact Study for Marlin Subdivison, Meridian, Idaho TRAFFIC ANALYSIS Capacity Analysis and Level -of -Service Capacity analysis was performed using the Highway Capacity Software (HCS 4.1), based on the 1998 edition Highway Capacity Manual. The intersections were analyzed for background traffic and for build out conditions. Copies of the analysis reports are included in the appendix of this report. The capacity analysis assumed the existing lane configurations at the analyzed intersection would stay the same. Results of the intersection capacity analysis indicate that the intersection of Waltman and Linder will operate at level of service A, under background and build out conditions. The left turn movement from Waltman will operate at LOS B. This project is an infill project. Almost all other parcels have been constructed. Therefore no additional traffic is anticipated in the future. The intersection of Linder Road and Franklin Road is currently operating at LOS D. Under background conditions in 2005, the intersection is still expected to operate at LOS D with average delay of 36.9 second per vehicle. With the site traffic added, the intersection will operate at LOS D with an average delay of 37.3 seconds per vehicle. In the horizon year of 2020, the intersection will operate at LOS D both with and without the project. The average delay with construction will be 46.3 seconds per vehicle. Site Circulation West Verbena Road will serve as the primary access for the site. It is anticipated to carry 1700 vehicles per day, including traffic from developments to the east, for the first 300 feet. This will be to the second intersection east of Linder Road. East of that intersection, the maximum daily traffic volume will be approximately 800 vehicles per day. Traffic on Verbena on the east side of the project is estimated at 500 vpd. The anticipated daily volumes are shown on Figure 8. 03104101 Page - 14 L: I WORK151587_WHMoore_LinderTIPI Trans Idocs I T/S. doc ~� Q r � co I i - - I fl' ............. _.. _.._ .._ d30114n Traffic Impact Study for Marlin Subdivison, Meridian, Idaho Off Site Improvements No off -site improvements are required as a result of traffic generated by this project. All existing facilities have capacity available for this project. Much of the area around the development is fully developed. No other major developments should occur ' which would impact the conclusions of this report. The 20 year plan includes the extension of Linder Road as an overpass over I-84. Such an improvement would certainly impact the traffic on Linder Road, but the implications of this project are beyond the scope of this report. DISCUSSIONS This project is an infill project which will not adversely impact the transportation system. This development should not be required to construct any improvements to the system as mitigation for the traffic impacts. The construction of West Verbena Road will allow easier access to Linder Road for existing subdivisions. This road should be designed as a collector road to the second intersection to the north (about 300 feet). 1 East of that location, the traffic is low enough to be classified as a local road. If traffic on this road is considered a problem for the developer, they may consider realigning the road to make the connection more circuitous or indirect. l 03104101 nKa m mom. L: I WORKIS3587_WIIMoore_LinderTIPlTrans IdocsITIS.doc Page - 16 Traffic Impact Study for Marlin Subdivison, Meridian, Idaho CONCLUSIONS This study identifies transportation impacts associated with Marlin Subdivision, in Meridian, Idaho. The t following are the principal findings and recommendations of the study: i • The proposed development is projected to generate an average daily traffic (ADT) of 1340 vehicles per day (vpd), of which the AM peak hour traffic (PHT) is 105 vehicles per hour (vph) and the PM peak hour is 141 vph.. • The proposed development will access the system primarily via Linder Road. • The intersections of Linder Road and Waltman Street will operate at LOS A under background conditions and after the construction of the school. • The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions. The assumed build out year is 2005. The intersection of Linder Road and Franklin Road will operate at LOS D under background traffic conditions and build out traffic conditions in the horizon year 2020. Average delay per vehicle will increase slightly. • Future improvements should be required to complete traffic studies to assure that the existing transportation system is not over taxed. A major project would be an overpass on Linder Road over I-84. E A X I H G, T . C M 03104102 wro.R.. Page - 17 L:IWORKI53587 WHMoore LinderTIPlTratisIdocsITIS.doc U � Traffic Impact Study for Marlin Subdivison, Meridian, Idaho REFERENCES "Trip Generation 6th Edition," by Institute of Transportation Engineers, Washington D.C., 1997. "Highway Capacity Manual, SR 209," Transportation Research Board, Washington D.C., 1994 update. "Development Policy Manual," Ada County Highway District, July 1994. "NCHRP 279, Intersection Channelization Guide," Transportation Research Board. E A R t R@ r E C n 03104101 v<n nw w L:IWO,RK153587 WKMoore LinderTIPITransWoulT/S.doc Page - 18 On Traffic Impact Study for Marlin Subdivison, Meridian, Idaho ON 9-2 310-1110 03104102 �• �,. . . L: I WORK153587 WKMoore LinderTlPITransWocsITlS.doc HCS2000: Signalized Intersections Release 4.1 Analyst: Dan Thompson Inter.: Franklin and Linder Agency: Earth Tech Area Type: All other areas Date: 2/22/2002 Jurisd: ACHD Period: PM Peak Hour Year : 2002 Project ID: W. H. Moore Residential Development E/W St: Franklin Road N/S St: Linder Road SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound I L T R I L T R I L T R I L T R No. Lanes 1 2 0 1 2 0 1 1 1 1 1 1 LGConfig L TR L TR L T R L T R Volume 138 219 41 1163 388 326 136 61 82 1233 101 36 Lane Width 112.0 12.0 112.0 12.0 112.0 12.0 12.0 112.0 12.0 12.0 RTOR Vol 1 5 1 50 1 10 I 5 Duration 0.25 Area Type: All other areas - Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds X Peds WB Left A A SB Left A A Thru A A Thru A A Right A A Right A A Peds X X Peds X NB Right I EB Right SB Right I WB Right Green 10.0 12.0 23.0 9.0 10.0 20.0 Yellow 3.0 3.0 4.0 3.0 3.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 1.0 Cycle Length: 110.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 155 1710 0.27 0.09 47.5 D TR 698 3340 0.42 0.21 38.1 D 39.3 D Westbound L 404 1710 0.42 0.24 36.3 D TR 1136 3204 0.72 0.35 32.9 C 33.5 C Northbound L 140 1710 0.34 0.08 49.2 D T 327 1800 0.27 0.18 39.2 D 41.5 D R 278 1530 0.33 0.18 39.8 D Southbound L 358 1710 0.77 0.21 50.9 D T 556 1800 0.22 0.31 28.4 C 42.3 D R 473 1530 0.10 0.31 27.1 C Intersection Delay = 37.4 (sec/veh) Intersection LOS = D HCS2000: Signalized Intersections Release 4.1 I HCS2000: Signalized Intersections Release 4.1 Analyst: Dan Thompson Inter.: Franklin and Linder Agency: Earth Tech Area Type: All other areas Date: 2/22/2002 Jurisd: ACHD Period: PM Peak Hour Year : 2005 Background Project ID: W. H. Moore Residential Development E/W St: Franklin Road N/S St: Linder Road SIGNALIZED INTERSECTION SUMMARY Eastbound i Westbound ( Northbound boundSouthbound L T R L I R L i i L T R No. Lanes 1 2 0 1 1 I 1 1 1 2 0 1 1 LGConfig L TR L TR L T R L T R Volume 142 239 45 1178 424 356 139 67 90 1255 110 39 Lane Width I12.0 12.0 I12.0 12.0 I12.0 12.0 12.0 I12.0 12.0 12.0 RTOR Vol 1 5 I 60 1 10 1 5 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left A Thru A I Thru A Right A Right A Peds X Peds WB Left A A I SB Left A A Thru A A Thru A A Right A A Right A A Peds X X I Peds X NB Right EB Right SB Right WB Right Green 10.0 12.0 23.0 9.0 10.0 20.0 Yellow 3.0 3.0 4.0 3.0 3.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 1.0 Cycle Length: 110.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 164 1805 0.29 0.09 47.6 D TR 737 3524 0.43 0.21 38.2 D 39.4 D Westbound L 427 1805 0.43 0.24 36.4 D TR 1201 3388 0.71 0.35 32.5 C 33.2 C Northbound L 148 1805 0.33 0.08 49.0 D T 345 1900 0.26 0.18 39.0 D 41.4 D R 294 1615 0.32 0.18 39.7 D Southbound L 377 1805 0.75 0.21 49.0 D -� T 587 1900 0.21 0.31 28.2 C 41.2 D R 499 1615 0.09 0.31 27.1 C Intersection Delay = 36.9 (sec/veh) Intersection LOS = D HCS2000: Signalized Intersections Release 4.1 HCS2000: Signalized Intersections Release 4.1 Analyst: Dan Thompson Inter.: Franklin and Linder Agency: Earth Tech Area Type: All other areas Date: 2/22/2002 Jurisd: ACHD Period: PM Peak Hour Year : 2005 Total Project ID: W. H. Moore Residential Development E/W St: Franklin Road N/S St: Linder Road SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R I L T R L T R No. Lanes 1 2 0 1 2 0 1 1 1 1 1 1 LGConfig L TR L TR L T R L T R Volume 142 239 55 1228 424 356 149 84 114 1255 144 39 Lane Width 112.0 12.0 112.0 12.0 112.0 12.0 12.0 112.0 12.0 12.0 RTOR Vol I 5 1 60 I 10 1 5 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds X Peds WB Left A A SB Left A A Thru A A Thru A A Right A A Right A A Peds X X Peds X NB Right I EB Right SE Right I WB Right Green 10.0 12.0 23.0 9.0 10.0 20.0 Yellow 3.0 3.0 4.0 3.0 3.0 4.0 All Red 1.0 1.0 1.0 1 0 1 0 1 0 Appr/ Lane Lane Group Grp Capacity Cycle Length: 110.0 _Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS Eastbound L 164 1805 0.29 0.09 47.6 D TR 733 3508 0.45 0.21 38.4 D 39.6 D Westbound L 427 1805 0.56 0.24 38.7 D TR 1201 3388 0.71 0.35 32.5 C 33.8 C Northbound L 148 1805 0.41 0.08 49.8 D T 345 1900 0.30 0.18 39.5 D 42.2 D R 294 1615 0.41 0.18 40.8 D Southbound L 377 1805 0.75 0.21 49.0 D T 587 1900 0.27 0.31 28.9 C 40.4 D R 499 1615 0.09 0.31 27.1 C Intersection Delay = 37.3 (sec/veh) Intersection LOS = D secs HCS2000: Signalized Intersections Release 4.1 I 1 1 Analyst: Dan Thompson Inter.: Franklin and Linder Agency: Earth Tech Area Type: All other areas Date: 2/22/2002 Jurisd: ACHD Period: PM Peak Hour Year : 2020 Background Project ID: W. H. Moore Residential Development E/W St: Franklin Road N/S St: Linder Road SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R I L T R I L T R I L T R I I I I I No. Lanes 1 2 0 1 2 0 1 1 1 I 1 1 1 LGConfig L TR L TR L T R I L T R Volume 155 312 59 1213 554 465 147 80 108 1305 132 51 Lane Width I12.0 12.0 I12.0 12.0 112.0 12.0 12.0 112.0 12.0 12.0 RTOR Vol 5 1 60 I 10 5 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4( 5 6 7 8 EB Left A NB Left A Thru A Thru A Right A Right A Peds X I Peds WB Left A A SB Left A A Thru A A Thru A A Right A A Right A A Peds X X Peds X NB Right EB Right SB Right I WB Right Green 10.0 12.0 23.0 9.0 10.0 20.0 Yellow 3.0 3.0 4.0 3.0 3.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 1.0 Cycle Length: 110.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 164 1805 0.37 0.09 48.5 D TR 736 3522 0.56 0.21 40.0 D 41.1 D Westbound L 427 1805 0.52 0.24 37.8 D TR 1199 3381 0.94 0.35 48.5 D 46.7 D Northbound L 148 1805 0.40 0.08 49.7 D T 345 1900 0.29 0.18 39.3 D 42.1 D R 294 1615 0.39 0.18 40.5 D Southbound L 377 1805 0.90 0.21 66.0 E T 587 1900 0.25 0.31 28.7 C 51.7 D R 499 1615 0.12 0.31 27.4 C Intersection Delay = 46.3 (sec/veh) Intersection LOS = D 1 HCS2000: Signalized Intersections Release 4.1 HCS2000: Signalized Intersections Release 4.1 ,I 1 Analyst: Dan Thompson Inter.: Franklin and Linder Agency: Earth Tech Area Type: All other areas Date: 2/22/2002 Jurisd: ACHD Period: PM Peak Hour Year : 2020 Total Project ID: W. H. Moore Residential Development E/W St: Franklin Road N/S St: Linder Road SIGNALIZED INTERSECTION SUMMARY Eastbound ( Westbound Northbound Southbound L T R I L T R I L T R I L T R No. Lanes 1 2 0 1 2 0 1 1 1 1 1 1 LGConfig L TR I L TR L T R L T R Volume 155 312 70 1263 554 465 157 97 132 1305 166 51 Lane Width 112.0 12.0 I12.0 12.0 112.0 12.0 12.0 I12.0 12.0 12.0 1 RTOR Vol 1 5 1 60 1 10 1 5 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 EB Left A I NB Left A Thru A Thru A Right A Right A Peds X I Peds WB Left A A SB Left A A Thru A A Thru A A Right A A Right A A Peds X X Peds X NB Right EB Right SB Right WB Right Green 10.0 12.0 23.0 9.0 10.0 20.0 Yellow 3.0 3.0 4.0 3.0 3.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 1.0 Appr/ Lane Lane Group Grp Capacity Cycle Length: 110.0 _Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS secs Eastbound L 164 1805 0.37 0.09 48.5 D TR 733 3508 0.58 0.21 40.4 D 41.4 D Westbound L 427 1805 0.65 0.24 41.3 D TR 1199 3361 0.94 0.35 48.5 D 47.1 D Northbound L 148 1805 0.48 0.08 50.7 D T 345 1900 0.35 0.18 39.9 D 43.0 D R 294 1615 0.49 0.18 41.7 D Southbound L 377 1805 0.90 0.21 66.0 E T 587 1900 0.31 0.31 29.4 C 50.4 D R 499 1615 0.12 0.31 27.4 C Intersection Delay = 46.3 (sec/veh) Intersection LOS = D HCS2000: Signalized Intersections Release 4.1 I HCS2000: Unsignalized Intersections Release 4.1 TWO-WAY STOP CONTROL SUMMARY Analyst: D. Thompson Agency/Co.: Earth Tech Date Performed: 2/22/2002 Analysis Time Period: Am Peak Hour Intersection: Linder and Waltman Jurisdiction: ACHD Analysis Year: 2005 - Background Project ID: W.H. Moore residential development East/West Street: Waltman North/South Street: Linder Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 14 5 6 L T R I L T R Volume 0 21 0 0 5 167 Peak -Hour Factor, PHF 1.00 0.52 1.00 1.00 0.63 0.53 Hourly Flow Rate, HFR 0 40 0 0 8 316 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized? Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R I L T R Volume ill 0 0 Peak Hour Factor, PHF 0.38 1.00 1.00 3 Hourly Flow Rate, HFR 296 0 0 Percent Heavy Vehicles 0 0 0 Percent Grade (%) 0 0 Median Storage Flared Approach: Exists? No Storage RT Channelized? Lanes 0 1 0 Configuration LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 17 8 9 10 11 12 Lane Config LTR LTR LTR i v (vph) 0 0 296 C(m) (vph) 1247 1583 787 v/c 0.00 0.00 0.38 95% queue length 0.00 0.00 1.76 Control Delay 7.9 7.3 12.3 LOS A A g Approach Delay 12.3 Approach LOS B HCS2000: Unsignalized Intersections Release 4.1 HCS2000: Unsignalized Intersections Release 4.1 TWO-WAY STOP CONTROL SUMMARY Analyst: D. Thompson Agency/Co.: Earth Tech Date Performed: 2/22/2002 Analysis Time Period: Am Peak Hour Intersection: Linder and Waltman Jurisdiction: ACHD Analysis Year: 2005 - Build Out Project ID: W.H. Moore residential development East/West Street: Waltman North/South Street: Linder Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R I L T R Volume 10 121 0 0 38 167 Peak -Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 0.53 Hourly Flow Rate, HFR 10 121 0 0 38 316 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized? Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 106 0 10 i Peak Hour Factor, PHF 0.36 1.00 1.00 Hourly Flow Rate, HFR 296 0 10 Percent Heavy Vehicles 0 0 0 I Percent Grade W 0 0 4 Median Storage Flared Approach: Exists? No Storage RT Channelized? Lanes 0 1 0 Configuration LTR Delay, Queue Length, and Level of Service Approach NB SE Westbound Eastbound Movement 1 4 17 8 9 10 11 12 Lane Config LTR LTR I LTR v (vph) 10 0 306 C(m) (vph) 1216 1479 663 V/c 0.01 0.00 0.46 95% queue length 0.02 0.00 2.44 Control Delay 8.0 7.4 15.0- LOS A A B Approach Delay 15.0- Approach LOS B HCS2000: Unsignalized Intersections Release 4.1 i S Location :Franklin/Linder Counted by:Fox j Date :02/14/02 Other :Meridian, ID Southbound: Linder Westbound: Franklin Northbound: Linder Eastbound: Franklin 1 a EARTHTECH 3071 E. FRANKLIN SUITE 301 MERIDIAN, ID 83642 Linder 191 425 36 23I`3 795 R Franklin 460 <-- 02/14/02 326 04:44pM 38 05:29pM <-- 388 758 1724 1411 219 163 � 41 71. —3 534 Franklin N 484 305 61 36 82 Linder Study Name: FRNKLIND Site Code : 00002142 Start Date: 02/14/02 EARTHTECH Location :Franklin/Linder 3071 E. FRANKLIN - Study Name: FRNKLIND Counted by:Fox SUITE 301 Site Code : 00002142 Date :02/14/02 MERIDIAN, ID 83642 Start Date: 02/14/02 Other :Meridian, ID Page 1 Vehicles (Linder jFrankLin I Linder IFrankLin ISouthbound lWestbound INorthbound jEastbound Start Time I Left Thru Right Other Left Thru Right Other Left Thru Right Other Left Thru Right Other 02/14/02 1 1 1 1 15:591 47 26 14 01 36 80 66 01 8 26 23 01 12 50 12 01 16:141 49 27 6 01 36 88 62 01 7 20 28 01 13 55 8 0 16:291 49 24 13 01 46 94 73 01 7 14 27 01 9 50 8 0 16:441 43 23 8 01 41 85 77 01 12 18 19 01 10 51 13 0 16:591 57 25 9 01 42 118 101 01 8 22 15 01 8 57 7 0 17:141 64 31 12 01 42 100 71 01 5 13 22 01 11 62 6 01 17:291 69 22 7 01 38 85 77 01 11 8 26 01 9 49 15 01 17:441 42 17 3 01 43 64 64 01 5 10 21 01 5 48 6 0 Total 420 195 72 01 324 714 591 01 63 131 181 01 77 422 75 01 % Apr. 1 61.1 28.3 10.4 19.8 43.8 36.2 16.8 34.9 48.2 -1 13.4 73.5 13.0 -� % Int. 1 12.8 5.9 2.2 -) 9.9 21.8 18.1 -� 1.9 4.0 5.5 -1 2.3 12.9 2.2 -� Peak Hour Analysis By Entire Intersection for the Period: 15:59 on 02/14/02 to 17:44 on 02/14/02 Time 1 16:44 116:44 1 16:44 1 16:44 Vol. 233 101 36 01 163 388 326 01 36 61 82 01 38 219 41 01 Pct. 62.9 27.2 9.7 0.01 18.5 44.2 37.1 0.01 20.1 34.0 45.8 0.01 12.7 73.4 13.7 0.01 Total 370 1 877 1 179 298 High 1 17:14 1 16:59 1 16:44 17:14 1 Vol. 64 31 12 0 42 118 101 01 12 18 19 01 11 62 6 01 Total 1 107 1 261 1 49 1 79 PHF 1 0.864 1 0.840 1 0.913 1 0.943 �Intvl. Total 400 399 414 400 469 439 416 328 3265 i STREET LOCATION / COMMENT CITY DATE COUNT DnZECEON AM PEAK PM PEAK LINDEN ST S/O BOISE AVE BOISE 10/23/01 6,562 NB ITD COUNT Tuesday SB UNDER RD N/O BEACON LIGHT RD 4117/01 348 NB LTD COUNT Tuesday SB N/O AMITY RD ADA COUNTY 3/92000 491 NB 53 19 1 APPROACH & TOTAL Thursday SB 14 22 N/O ARTESIAN RD 8/16100 6,230 NB 178 349 ITDCOUNT Wednesday SB 269 234 N/O CHATEAU DR 817/01 7,250 NB frD COUNT Tuesday SB N/ODEER FLAT RD 9/19/01 1,897 NB 52 92 CLASSIFICATION ' Wednesday SB 81 71 N/O FRANKLIN RD 7/31/01 8,556 NB 194 514 ITD COUNT Tuesday SB 406 300 N/O LAKE HAZEL RD 5118/00 515 NB 22 16 APPROACH & TOTAL Thursday SB 23 28 N/O USTICK RD 5/2/00 5,067 NB ITD COUNT Tuesday SB RIVERBRIDGE 2101 5,393 NB LTD COUNT SB S/O BEACON LIGHT RD 4117/61 1,182 NB ITD COUNT Tuesday SB S/O COLUMBIA RD 5/18/00 1,033 NB 37 26 APPROACH & TOTAL Thursday SB 45 47 S/O FLOATING FEATHER RD 6(&00 2,120 NB 71 91 APPROACH & TOTAL Tuesday SB 118 96 S/O LAKE HAZEL RD 5/18/00 614 NB 30 15 APPROACH & TOTAL Thursday SB 30 28 S/O OVERLAND RD &9/99 1,189 NB 88 35 APPROACH & TOTAL Wednesday SB 15 79 S/O SH 2O26 6/6/00 6,182 NB 348 353 APPROACH & TOTAL Tuesday SB 194 256 S/O SH 44 I 523/00 7,132 NB J LTD COUNT Tuesday SB N/OPORTER RD KUNA 9/11/01 3,811 NB 146 143 1 CLASSIFICATION Tuesday SB 140 187 S/O 4TH ST 52/01 4,929 NB 222 223 APPROACH & TOTAL Wednesday SB 126 240 S/O BOISE ST 5/18/00 3,686 NB 215 133 APPROACH & TOTAL Thursday SB 101 149 N/O PINE AVE MERIDIAN 7/31/01 9,203 NB `:. ITD COUNT Tuesday SB S/O CHATEAU DR 8/7/01 8,239 NB ITD COUNT Tuesday SB 08-Jan-02 Counts compiled by ACHD from traffic data collected by ACHD and ITD. 54 of 89 STREET LOCATION l COMMENT CITY DATE COUNT DIRECTION AM PEAK PM PEAK CINDER RD S/O FRANKLIN RD MERIDIAN 5/9/00 5,383 NB ITD COUNT Tuesday SB S/0 PINE AVE 7/31/01 8,685 NB ITD COUNT Tuesday SB LINDSAYAV N/OFUSEL DR BOISE 10/23/96 572 NB 17 26 CLASSIFICATION Wednesday SB 15 34 LINFIELD ST E/O LINDA VISTA AVE 11/15/94 88 CLASSIFICATION Tuesday l LIZASO AVE N/0 OVERLAND RD ADA COUNTY 03/10/94 470 CLASSIFICATION Thursday LOCHNESS ST N/O E CHATEAU DR MERIDIAN 05/17/94 591 APPROACH & TOTAL Tuesday LOCKWOOD ST E10 FIVE MILE RD ADA COUNTY 6/18/98 494 EB 2 40 CLASSIFICATION Thursday WB 25 25 LOCUST AVE N/O 4TH ST KUNA 02/23/95 35 NB 5 Thursday SB 7 ll LOCUST GROVE RD N/O COLUMBIA RD ADA COUNTY 3/28/2000 207 NB 4 11 APPROACH & TOTAL Tuesday SB 7 12 I N/O FAIRVIEW AVE 4/5/00 12,007 NB 174 714 APPROACH & TOTAL Wednesday SB 536 430 N/O KUNA MORA RD 6/12/01 117 NB 4 7 APPROACH & TOTAL Tuesday SB 1 6 N/O KUNA RD 3/25/99 984 NB 31 38 CLASSIFICATION Thursday SB 21 38 N/O MCMILLAN RD 6/26/01 3,635 NB 83 172 APPROACH & TOTAL Tuesday SB 104 161 N/O OVERLAND RD 5/2/00 127 NB l ITD COUNT Tuesday SB N/O USTICK RD 6/20/01 5,706 NB 135 324 APPROACH & TOTAL Wednesday SB 154 235 S/O COLUMBIA RD 3/28/2000 309 NB 14 14 APPROACH & TOTAL Tuesday SB 5 21 S/O FRANKLIN RD 9/27/01 1,938 NB 57 93 j CLASSIFICATION Thursday SB 84 58 S/0 OVERLAND RD 5/2/00 3,648 NB ITD COUNT Tuesday SB N/O SH 20/26 EAGLE 7/13/00 878 NB 19 30 APPROACH & TOTAL Thursday SB 29 20 N/O PINE AVE MERIDIAN 10/18/00 6,326 NB 179 407 APPROACH & TOTAL Wednesday SB 329 276 S/O MCMILLAN RD 6/28/01 4,719 NB 140 190 E APPROACH & TOTAL Thursday SB 132 252 S/O USTICK 6/20/01 7,769 NB 190 410 APPROACH & TOTAL Wednesday SB 254 371 08-.Ian-02 Counts compiled by ACHD from traffic data collected by ACHD and ITD. 55 of 89 s/ - STREET LOCATION / COMMENT CITY DATE COUNT DIRECTION AM PEAK PM PEAK FOWLER ST N/O BOND ST BOISE 2/16/2000 476 NB 4 49 APPROACH & TOTAL Wednesday SB 27 24 FOX RIDGE DR Flo FIVE MILE RD ADA COUNTY 8/9/00 1,061 EB 13 50 APPROACH & TOTAL Wednesday WB 59 27 FRANKLIN PARK DR S/O FRANKLIN BOISE 04/08/94 1,959 CLASSIFICATION Friday i FRANKLIN RD 00 BLACK CAT RD ADA COUNTY 5/9/00 6,055 EB 1TD COUNT Tuesday WB F/O EAGLE RD 817/01 15,707 EB ITD COUNT Tuesday WB F/OFIVE MILE RD 6//15/00 20,849 EB 785 626 APPROACH & TOTAL Thursday WB 402 1,068 F/O LOCUST GROVE RD 7/31/O1 15,853 EB ITD COUNT Tuesday WB E10 MCDERMOTT RD 4/18/01 6,315 EB 499 261 APPROACH & TOTAL Wednesday WB 242 352 Flo TEN MILE RD 5/9/00 7,430 EB iTD COUNT Tuesday W B W/O BLACK CAT RD 5/9/00 5,132 EB ITD COUNT Tuesday WB W/O CLOVERDALE RD 4/26/00 16,477 EB 551 507 APPROACH & TOTAL Wednesday WB 447 647 W/O EAGLE RD 8/7/01 15,581 EB 1•I'D COUNT Tuesday W B 1 W/O FIVE MILE RD 6/15/00 17,887 EB 608 535 APPROACH & TOTAL Thursday WB 411 831 W/O LINDER RD 5/9/00 7,529 EB ITD COUNT Tuesday WB W/O TIN MILE RD 5/9/00 6,103 EB ITD COUNT Tuesday WB E/O COLE RD BOISE 10/5/99 22,850 EB 1,177 999 1TD COUNT Tuesday WB 545 939 F/O CURTIS RD 821/01 14,106 EB ITD COUNT Tuesday WB Flo MAPLE GROVE RD 11/28/00 29,982 EB 1,284 1,025 ' i ITD COUNT Tuesday WB 638 1,464 F/O MILWAUKEE ST 7/25/01 35,643 EB 871 932 APPROACH & TOTAL Wednesday WB 1,048 1,871 F/O ORCHARD ST 5/10/01 12,472 EB 341 510 APPROACH & TOTAL Thursday WB 435 527 W/O CURTIS RD 620/01 16,852 EB 438 617 `-� APPROACH & TOTAL Wednesday WB 336 696 W/O MAPLE GROVE RD 11/28/00 20,689 EB 1,052 665 ITDCOUNf Tuesday WB 461 943 08-.Ian-02 Counts conpiled by ACHD from traffic data collected by ACHD and ITD. 37 of 89 STREET LOCATION / COMMIIVT CITY DATE COUNT DIRECTION AM PEAK PM PEAK FRANKLIN RD W/O MILWAUKEE AVE BOISE 6/27/01 35,816 EB 1,172 1,349 APPROACH & TOTAL Wednesday WB 763 1,758 W/O ORCHARD ST 8/20/01 13,257 EB ITD COUNT Monday WB W/O ROOSEVELT ST 11/16/99 11263 EB ITD COUNT Tuesday WB E/O MERIDIAN RD MERIDIAN 5/9/00 9,269 EB PTD COUNT Tuesday WB W/O LOCUST GROVE RD 7/31 /01 13,751 EB ITD COUNT Tuesday WB W/O MERIDIAN RD 5/9/00 17,518 EB ITDCOUNT Tuesday WB W/O STRATFORD DR 2/7/01 9,139 EB 463 316 APPROACH & TOTAL Wednesday WB 165 462 E FRANKLIN ST E/O 12TH ST BOISE 10/16/97 1,470 EB 73 46 CLASSIFICATION Thursday WB 53 44 j E/O 16TH ST 01/10/95 748 EB 20 a Tuesday WB 40 W/O 16TH ST 01/10/95 842 EB 36 1 Tuesday WB 37 W/O LOCUST ST 11/16/99 2,153 EB ITD COUNT Tuesday WB FREEMONT ST W/O ALLUMBAUGH ST 06/07/95 2,005 EB 20 112 CLASSIFICATION Wednesday WB 58 85 FRONT ST E/O 12TH ST 3/31/98 34,208 EB 561 j ITD COUNT Tuesday WB 1,138 E/O 14TH ST. 11/16/00 4,062 EB 1 f ITD COUNT Thursday WB 1 E/O 16TH 05/13/93 1,185 Thursday E/O 5TH ST 9/25/01 22,681 EB APPROACH & TOTAL Tuesday WB 1,388 2,236 E/O 9TH ST 2/23/2000 34,209 EB APPROACH & TOTAL Wednesday WB 1,725 2,988 F/O AVEA 2/21/01 20,551 EB APPROACH & TOTAL Wednesday WB 1284 1,761 i E/O CAPITOL BLVD 11/7/00 24,279 EB I'fD COUNT Tuesday WB W/O 12TH ST 3/31/99 36,018 EB 602 ITI) COUNT Tuesday WB 1,202 W/O 14TH ST. 11/15/00 4,351 EB ITD COUNT Wednesday WB W/O 16TH 05/18/93 1,642 Tuesday 08-✓an-02 Counts compiled by ACHD from traffic data collected by ACHD and ITD. 38 of 89 it..01 llr i STREET LOCATION / COMMENT CITY DATE COUNT DIRECTION AM PEAK PM PEAK FRONT ST W/O 5TH ST BOISE 9/25/01 22,378 EB APPROACH & TOTAL Tuesday WB 1,352 2,184 FRONTIERWAY N/O USTICKRD 06/10/94 1,500 CLASSIFICATION Friday FRY ST S/0 NORTHVIEW ST 1/30/01 384 NB 14 21 APPROACH & TOTAL Tuesday SB 8 8 GA GE ST E/O CURTIS RD 03/29/95 181 EB 6 17 CLASSIFICATION Wednesday WB 6 7 ! F/O ORCHARD ST 03/02/95 424 EB 28 CLASSIFICATION Thursday WB 12 GARDEN ST N/O EMERALD ST 11/8/00 1,569 NB 34 54 APPROACH & TOTAL Wednesday SB 42 72 N/O FRANKLIN RD 10/16/96 1,553 NB 35 53 i VOLUME Wednesday SB 44 79 j N/O MAIN ST 10/16/01 1,467 NB IT) COUNT Tuesday SB S/O EMERALD ST 11/8/00 1,694 NB 77 73 APPROACH & TOTAL Wednesday SB 48 103 S/O MAIN ST. 10/16/01 2,018 NB ITD COUNT Tuesday SB GARRETT ST S/O CHIlVDEN BLVD 316/01 9,843 NB 617 407 APPROACH & TOTAL Tuesday SB 211 576 N/O CHINDEN BLVD GARDEN CITY 2/27/01 5,423 NB 137 334 APPROACH & TOTAL Tuesday SB 354 217 N/O MARIGOLD ST. 5/31/00 1,165 NB ITD COUNT Wednesday SB GARYLN N/O STATE ST BOISE 4/17/01 15,139 NB 310 768 ITD COUNT Tuesday SB 775 705 J S/O HILL RD 4/17/01 11,051 NB ITD COUNT Tuesday SB GEKELERI.N S/O FEDERAL WY 3/8/2000 2,467 NB 34 176 APPROACH & TOTAL Wednesday SB 141 19 GEKELFR ST N/O BERGESON ST 11/16/00 3,897 NB 183 256 APPROACH & TOTAL Thursday SB 195 189 N/O WOODVINE ST I1/6/01 5,834 NB 91 190 3 3 CLASSIFICATION Tuesday SB 61 280 GEM ST W/O VISTA AVE 7/28/99 213 EB 9 7 CLASSIFICATION Wednesday WB 2 10 GILA DR W/O OCOTILLO DR ADA COUNTY 3/19/98 267 EB 3 13 APPROACH & TOTAL Thursday WB 18 9 + GILLIS DR Flo GARY LN BOISE 10/26/00 1,340 EB 43 92 APPROACH & TOTAL Thursday W B 98 60 W/O GARYIN 10/26/00 2,187 EB 157 88 j APPROACH & TOTAL Thursday W B 50 143 08-Jan-02 Counts compiled by ACHD from traffic data collected by ACHD and ITD. 39 of 89 pgAFT DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICITONS FOR Subdivision is made effective as of the day of by Development LLC, (hereinafter "Grantor" or "Declarant") whose address is ARTICLE 1. RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as Declaration" or CC&R's") for Subdivision is that property in County, State of Idaho, which is contained in Subdivision and legally described on Exhibit A attached hereto, together with any additions or annexations as may hereinafter be brought within the jurisdiction of these CC&R'1 and the Association. The "common area" lots contained in this Subdivision are set out in Paragraph 3.8 below. 1.2 Purpose of Declaration. on is a residential development, which Grantor intends to develop in accordance with governmental approvals. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes that will apply to the development and use of the Property. This Declaration is designed. to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and any Improvements located thereon. ARTICLE 2. DECLARATION 2.1 Grantor Declaration. Grantor declares that all the Property shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each owner accepting a deed to any of the property COVENANTS, CONDITIONS AND RESTRICTIONS - l agrees that these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. 2.2 Runs With The Land. These CC&R's shall run with the land described on Exhibit A and shall be binding upon all persons with any right, title or interest in the land. They are for the benefit of all the property and bind all r' successors. 2.3 Enforcement. These CC&R's may be enforced b Grantor an Owner or by the Association. y y 2.4 Grantor's Rights. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to constructions, sales or leasing. ARTICLE 3. DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 " Subdivision" shall mean the Property described on Exhibit A, (together with any future additions or annexations). 3.3 "Assessments" shall mean those payments required of Class A Owners and Association Members (excluding Declarant) and include but are not limited to all Assessments (whether regular, set-up, special or limited), late charges, attorneys' fees, interest, and other charges set out in these CC&R's. 3.4 "Association" shall mean Neighborhood Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized agents and representatives. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which improvements may be constructed. The term "Building Lot" shall not include any Common Area, any area dedicated to the public, or any lots deeded to an irrigation entity for an irrigation pump facility. COVENANTS, CONDITIONS AND RESTRICTIONS - 2 3.7 "By-laws" shall mean the By-laws of the Association (a copy of which is attached hereto as Exhibit B). 3.8 "Common Area" shall mean all lots of Subdivision that are designated on the Plat as private streets or drives (except ), common open space, common areas and common landscaped areas, including but not limited to, the following parcels which Declarant shall deed to the Neighborhood Association: lots. The Association shall manage, maintain and operate these common area 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean Development LLC and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by Grantor or its successor. Grantor is also referred to as the Declarant. 3.11 "Improvement" shall mean any improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, driveways, landscaping, signs, Fights, mail boxes, recreational facilities, and fixtures of any kind. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to 10% of the cost) incurred by the Grantor or the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 9.1.1 below.) 3.13 "Member" shall mean each person or entity holding a membership in the Association. 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, but excludes those having an interest merely as security for the performance of an obligation. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder. 0 R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 3 3.17 "Property" shall mean all Property described herein including each lot or portion thereof, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of the Association. 3.19 "_Set-up Assessment" shall mean that initial fee payable to the Association to set up the Association. This one time set up fee is assessed against the buyer of each lot upon the first purchase of each lot. 3.20 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments. 3.21 "Transfer Special Assessment" shall mean that transfer fee assessed against each lot transferred, to be paid to the Association on each transfer of legal title and recording of a deed to a lot in this subdivision. ARTICLE 4. GENERAL AND SPECIFIC RESTRICTIONS 4.1 Prior Plan Approval. No improvement or obstruction shall be placed or permitted to remain upon any part of the property unless a written request for approval, containing the plans, specifications, and exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. (See Article 6 below.) The approval of the Board will not be unreasonable withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules. In the event any of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, then the more restrictive governmental rule, regulation or ordinance shall apply. 4.3 Use, Size and Height; Basements. All Building Lots shall be used exclusively for one or two-story single-family homes. Split entry homes are prohibited. The minimum floor area square footage (excluding the area of the eaves, steps, open porches, car ports, garages, and patios) shall be as follows: a) Square Feet minimum for one-story homes. b) Square Feet minimum for any two-story homes; provided, however, in any such two-story home the ground floor shall have a minimum of square feet. 4.3.1 Basements. No basements are allowed. u R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 4 4.4 Accessory Structures. There shall be no metal or wood storage attachments to any home except as approved by the Board. Storage sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a) constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; and d) approved by the Board. 4.5 Setbacks. All setbacks shall comply with the pertinent local government Ordinances. 4.6 Garages. All residential homes shall have an attached enclosed garage which holds no less than two cars and no more than three and shall be constructed of the same materials and colors as the main building or as approved by the Board. 4.7 Exterior Appearance. 4.7.1 Brick, Stone, Stucco on Front Exposure. Each house in this subdivision shall have brick, stone or stucco on the front exposure; provided, however, the Board (Architectural Control set out in Article VI below) may, in its sole discretion, waive this brick, stone or stucco requirement if the dwelling contains a covered front porch of at least fifty (50) square feet. 4.7.2 Bay Windows, Etc. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged as are brick, stone or stucco for the full height columns on the sides of the garage. Also encouraged are brick, stone or stucco full wainscoting on the front exposure. 4.8 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials shall be composition shingles. 4.9 Solar Covenants. Each Lot in this subdivision shall be subject to and each Lot Owner shall comply with that "Declaration of Solar Covenants, Conditions and Restrictions for Subdivision", attached hereto as Exhibit C, and all related local governmental solar ordinances. 4.10 Driveways, All Lots shall have a paved driveway and a minimum of two paved car parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock, gravel or asphalt. 4.11 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold or very dark body colors COVENANTS, CONDITIONS AND RESTRICTIONS - 5 shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any future changes to colors or exterior must be approved by the Board. 4.12 Pole Lights. Each home is encouraged, but not required to have a photo -sensitive pole light in the front yard within 5 feet of the sidewalk and 5 feet of the driveway designed to switch on automatically at sunset and off at sunrise. 4.13 Landscaping. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of substantial completion of the home. The "front yard" shall be defined as that portion of the Building Lot from one side lot line to the opposite side lot line lying in front of the front exposure of the structure. For Building Lots on corners the "front yard" shall also include that portion of the Building Lot from the front of the structure to the rear of the structure to the side street (i.e., the side yard next to the side street). Landscaping, at a minimum, shall include; sod (or professionally installed hydro seed if approved by the Board) in the front yard; two trees of at least 2" caliper in the front yard; one tree of at least 2" caliper in the side yard for corner lots; and at least 5 one gallon shrubs or plants. Grass shall be planted or sodded in the back yard within one year of occupancy. 4.14 Fences. 4.14.1 Subdivision Perimeter Fences. Grantor may construct a perimeter fence around the exterior of this subdivision property (except for entrance or exit roadways or waterway crossings). After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility of the Owner of that lot to maintain, repair and/or replace as needed that portion of the perimeter fence on that Owner's lot. The maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. The Association may, in it's sole discretion, maintain some or all of the perimeter fencing as a Common Area expense. 4.14.2 Other Owner Fences. Other Owner fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6-foot, dog-eared cedar. Chain link fences are not allowed except along ditches or water retention areas. Fences shall not be built closer to the front of the lot than even with the front corner of the home, nor within 20 feet of any street rights -of - way. 4.15 Construction. No pre-existing or prefabricated home shall be moved onto any lot. All homes in this Subdivision must be constructed on the lot. COVENANTS, CONDITIONS AND RESTRICTIONS - 6 Once construction has begun, completion of each building or other improvement shall be diligently pursued and completed within 12 months. 4.16 Sewer. All bathroom, sink and toilet facilities shall be located inside the home, and connected underground to wet line sewer. 4.17 No Further Subdivision. No Building Lot may be split or subdivided without the prior written approval of the Board. 4.18 Nuisances. No rubbish or debris shall be placed on or allowed to accumulate anywhere on the Property, including Common Areas or vacant Building Lots. No unsanitary, unsightly, or offensive conditions shall be permitted to exist on any part of the Property. Noise or other nuisances in violation of local ordinances are prohibited. No Owner shall permit any noise, party or other activity in the Common Area which unreasonably interfere with the peace and quiet of the other Owners or occupants. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited. 4.19 Exterior Maintenance; Owner's Obligations. All Improvements, especially the exterior appearance of the home, lawn, trees, fencing and landscaping shall be kept in good condition and repair. In the event an Owner permits an Improvement to fall into disrepair, or to create a dangerous, unsafe, hazardous, unsightly or unattractive condition, then the Board or Grantor, after thirty (30) days prior written notice to the offending Owner, shall have the right to enter upon that Owner's property to correct such condition. Owner shall be obligated to reimburse the Board or Grantor for all of the costs of the corrective action as set out in Article 8 and 9 below. 4.20 Unsightly Articles. No unsightly articles shall be permitted to remain on any property so as to be visible from any other Owner's property. Trash is to be kept in containers and areas approved by the Board. Clothing or fabrics are not to be hung or aired in such a way as to be visible to other property. No equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, disabled vehicles, or scrap shall be kept, stored or allowed to accumulate on any property except within an enclosed structure or screened from view. Vacant residential structures shall not be used for storage. 4.21 No Temporary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property or on any streets. Temporary construction structures are permitted during the time of construction. 4.22 No Unscreened Boats, Campers and Other Vehicles. No boats, trailers, campers, all. -terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be COVENANTS, CONDITIONS AND RESTRICTIONS - 7 .. placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless enclosed by a concealing structure approved by the Board. 4.22.1 Removal of Vehicles; Warning,• Costs. The Board or its representatives may remove any vehicles in violation of this section at any time after giving the owner fifteen 915) days written notice of its intent to do so. For any such vehicles removed, the Owner shall reimburse the Board, as a limited 00 assessment, the costs thereof plus a management fee equal to ten percent (10%) of the costs. (See Article 9 below). WX 4.23 Animals/Pets. No farm animals, animals creating a nuisance, or animals in violation of governmental ordinances shall be kept on any Property. Chronic dog barking shall be considered a nuisance. No more than two domestic cats and no more than two domestic dogs shall be allowed to inhabit any one lot. All dogs outside the home or outside the lot fence must be leashed. Pets shall not be allowed in the Common Areas. Any kennel or dog run must be screened, placed inside the lot fences, and approved by the Board. 4.24 Sign:. No sign shall be displayed to public view without the approval of the Board except: (1) signs used by Grantor in connection with the development and sale of the Property; (2) signs identifying the development; (3) informational signs by the Board displayed on Common Areas; (4) one sign of less than 12 square feet displayed by an Owner (other that Grantor) on that Owner's property advertising the home for sale or lease; and (5) signs required by the governing authorities. No signs other than Grantor's shall be placed in the Common Area without the written approval of the Board. 4.25 No Central Pressurized Irrigation System. No central pressurized irrigation system is constructed in this subdivision. 4.26 Lot Gradinq and Drainage Requirements. Each lot owner shall grade and maintain their individual lot to direct water away from the foundation and to prevent the runoff of storm water onto adjacent owner's lots. 4.27 Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.28 Exemption of Grantor. Nothing contained in these CC&R's shall limit the right of Grantor; to subdivide or re -subdivide any portion of the Property owned by Grantor; to grant easements, licenses, or to reserve rights -of -way with respect to Common Areas; to complete excavation, grading and construction of any portion of the Common Areas, or Property owned by Grantor; to alter construction plans and designs; to construct additional Improvements; to erect, A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 8 construct and maintain structures and displays as necessary for the conduct of Grantor's business. Prior to transferring title to a Building Lot Grantor shall have the right to grant:, establish and/or reserve on that Building Lot additional licenses, reservations and rights -of -way to Grantor, to utility companies, or to others. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor may be assigned by Grantor to any successor in interest by a written assignment recorded in the Office of the County Recorder. 4.29 Water; Water Rights. The property is this subdivision has been excluded from any irrigation district. Therefore no irrigation water rights exist from any irrigation district for any lot in this subdivision. 4.30 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 4.31 Speciial Covenants for Lot Block in this subdivision has special circumstances which require special covenants and restrictions as follows: 4.31.11 Drainage Easement. Lot Block _ is a common area lot to be owned by the Association and is subject to an overflow drainage/retention easement in favor of the (Highway District). (Highway District) is her granted a drainage/retention easement on this lot to retain water, and to construct, install and maintain the drainage system. 4.31.2' Drainage Easement Area Restrictions. The Association shall maintain a grass lawn in the easement area and shall keep the lawn mowed and the area free of trash and debris. No buildings, fences, trees, shrubs or structures shall be placed in the floor of this drainage easement area. (However, shrubs and trees may be planted on the slopes of this drainage area providing they don't interfere with the (Highway District's) easements or interfere with the drainage/retention system). 4.31.3 "_Heavy" Maintenance of Drainage/Retention Area. Heavy maintenance consists of periodically inspecting the retention facility to ensure it is functioning properly; cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light' maintenance. _(Highway District) has opted to perform this "heavy" maintenance and shall be allowed to perform this maintenance work. In the 0 R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 9 event the (Highway District) shall decide not to do such "heavy" maintenance, then the Association shall do so. 4.31.4 "Light" Maintenance. The Association shall provide all "light' maintenance of the drainage/retention area (mowing, weed control, trash control, etc.) of this lot as set out in that "Manual for Light Maintenance" attached hereto as Exhibit D. 4.31.5 Association Failure to Maintain; (Highway District) Remedies. In the event that (Highway District) determines, in its sole discretion, that the Association is not adequately maintaining the detention pond/drainage basin then (Highway District) shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance within a (30) day period, within which time the Association may undertake to initiate and conclude all maintenance defects as identified by (Highway District). In the event that the Association shall flail to commence and conclude maintenance of the detention pond/drainage basin to the extent said items of specific maintenance are identified by (Highway District) within the prescribed thirty (30) days, then in that event, (Highway District) may begin to undertake such maintenance. (Highway District) is hereby granted an irrevocable license and easement to enter upon any portion of the common area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, (Highway District) shall first bill the Association and if such bill shall not be paid within sixty (60) days, then (Highway District) shall be entitled to and empowered to file a taxable lien against all lots within Subdivision with power of sale as to each and every lot in order to secure payment of any and all assessments levied against all lots in these subdivisions pursuant to the Master Declaration as if 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 (Highway District). The Association shall not be dissolved or relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from (Highway District). The Association and all lot owners by accepting title to a lot agree that all lot owners within these subdivisions are benefited property owners of such maintenance. 4.32 Lot Block Micro -Path Lot Easement Area: Lot , Block is a common area lot created for the purpose of maintaining a Micro -Path Easement. This easement area shall be landscaped as approved by the City of and shall contain a paved Micro -Path at least seven (7) feet in width the entire length of the COVENANTS, CONDITIONS AND RESTRICTIONS - 10 easement area. This lot and easement area shall be for the ingress and egress of pedestrian and bicycle traffic and shall be for the benefit of all lots in Subdivision and . This lot shall be owned and maintained by the Association and such maintenance shall comply with all City requirements and regulations for Micro -Path easement areas. This Micro -Path easement and the maintenance responsibilities relating thereto shall not be dissolved without the express written permission of the City of 4.32A No Liability. Each lot owner by accepting a deed to a lot in .■� Subdivision and each occupant by occupying a lot in Subdivision and each user of the Micro -path specifically agrees that the Declarant, its agents, officers, employees and Fz shareholders shall have no liability of any kind whatsoever relating in any way to /\ the use of the Micro -Path including, but not limited to, any accidents or bodily injuries which result from the use of the Micro -Path. Nor shall the Association, its officers, agents, or employees have any such liability. All lot owners, occupants and users of the Micro -Path specifically assume the risk and waive any and all claims relating to the use of this Micro -Path. MW 4.33 Common Driveway; Reciprocal Easement; Maintenance of Common Driveway. In this subdivision Lot(s) , Block have one common driveway (referred to herein as "common driveway easement area"). This common driveway easement area is identified and described on the final recorded plat of the subdivision and is the only access to the public street in the subdivision forrn these common driveway lots. 4.33.1 Reciprocal Easements. Each Owner of these common lots, and occupants, tenants, guests and invitees shall have an easement over and across that common driveway easement area. This shall be a reciprocal easement benefiting and burdening each of the common lots and shall be for the purposes of ingress and egress over and across the common driveway easement area (identified on the Plat).NO PARKING OF ANY KIND SHALL BE ALLOWED IN ANY COMMON DRIVEWY EASEMENT AREA. This area is for ingress and egress only. 4.33.2 Maintenance of Common Driveway. The maintenance of the common driveway easement area and the costs there of shall be shared equally (1/2 each) by the owners of the lots sharing the common driveway easement area. Maintenance decisions shall be made by a unanimous vote of the Owner's of lot(s)_ 4.33.3 Perpetual. The provisions contained in this paragraph 4.33 shall be perpetual and shall run with each affected lot. These provisions of paragraph 4.33 as they apply to each of the common driveway lots may not be amended unless such amendment is approved by a) the lot owners affected; b) COVENANTS, CONDITIONS AND RESTRICTIONS - 11 the President of the Association, if the Association exists; and 3) the City of ARTICLE 5: ASSOCIATION, INC. NEIGHBORHOOD 5.1 Organization of Neiqhborhood Association, Inc. Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws (attached hereto as Exhibit b) and this Declaration. Neither the Articles not the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner of a lot subject to assessment, (including contract sellers), by virtue of being an Owner, and for so long as such ownership is maintained, shall be a Member of the Association. the memberships in the Association shall not be transferred, pledged, assigned or alienated except upon the transfer of Owner's title the transferee of such title. Any prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members (including Grantor) who shall cast the votes attributable to the Building Lots which they own. The number of votes any Member may cast on any issue is determined by the number of Building Lots owned. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote'. For voting purposes, the Association shall have two (2) classes of Members: 5.3.1 Class A Members. Owners other than Grantor shall be Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Members. The Grantor shall be the Class B Member, and shall be entitled to three (3) votes for each Building Lot owned by Grantor. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs first: (a) when seventy-five (75%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2005. 5.3.3 No Fractional Votes or Severance from Land. Fractional votes are not allowed. If joint Owners cannot agree how their vote will be cast, they lose their right to vote on the matter being put to a vote. A vote cast will be 0 R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 12 conclusive for all purposes that the Owner had authority and consent of all joint Owners. Votes may not be severed from the Building Lot. However, an Owner may give a revocable proxy, or assign the Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of a Building Lot to a new Owner automatically transfers the voting right to the new Owner. 5.4 Board of Directors and Officers. The affairs of the Association shall be managed by a Board of Directors ("Board") and such officers or agents as the Board may elect or appoint as provided in the Bylaws. The Board shall be elected in accordance with the Bylaws. 5.5 Power and Duties of the Association. the Association shall have all the powers of a corporation organized under the laws of the State of Idaho subject only to the limitations set forth in the Articles, Bylaws, and this Declaration. The Association shall have the power to appoint representatives and the power to perform all acts which may be necessary or incidental to discharge it's duties and responsibilities and to manage and operate the Association's Common Areas and to manage and operate the Association's Common Areas and assets. The Association's powers include, but are not limited to, the following: 5.5.1 Assessments. The power to levy Assessments on any Class A Owner as set out herein and to force payment as provided in this Declaration. 5.5.2 Enforcement The power and authority in its own name, or on behalf of any Owner who consents, to file and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration, the Articles or the Bylaws; and to file and maintain any action to enforce the terms thereof. 5.5.3 Emergency Powers. The power to enter upon any property (but not inside any building) in any emergency where there is potential danger to life or property or when necessary to protect or maintain Improvements for which the Association is responsible. The Association may also enter upon any property to prevent the waste of irrigation water. Such entry shall be made with as little inconvenience to the Owner as practicable. Any damage caused by the Association shall be repaired by the Association. 5.5.4 Licenses C Easements and Ri hts-of-Wa • oo erative Agreements. The Association shall have the power to enter into any cooperative or license agreements regarding water or irrigation systems. The association shall have the power to grant and convey to any third party licenses, easements and right-of-way in, on or under the Common Area or in any 0 R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 13 easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Property and Common Area, and for the preservation of the health, safety, convenience and welfare of the owners. The right to grant such licenses, easements and rights -of -way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.6 Duties of the Association. In addition to duties necessary and property to carry out the powers delegated to the Association by this Declaration, the Articles and Bylaws, the Association shall have the authority to perform, without limitation, each of the following duties: 5.6.1 Operation and Maintenance. Operate, maintain, and otherwise manage to provide for the operation, maintenance and management of the Common Area, and, at the discretion of the Board, provide for: 1) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; b) mowing the vacant lots and maintaining right-of-way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 5.6.2 Taxes and Assessments. Pay all real and personal property taxes and assessments including but not limited to water costs separately levied against the Common Area or against the Association and/or any other property in this Subdivision owned or managed by the Association. Taxes, assessments and water costs may be contested or compromised by the Association and the costs are a common area expense. The Association shall pay any applicable federal, state or local taxes levied against the Association. 5.6.3 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or any pressurized urban irrigation system. 5.6.4 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from insurance companies authorized to do business in the State of Idaho, and maintain any insurance policies including, but not limited to the following: (1) Comprehensive public liability insurance insuring the Board, the Association, the Grantor and/or the individual grantees and agents and employees of each against any liability incident to the ownership and/or use of the Common Area; (2) Directors' and officers' liability insurance; (3) Motor vehicle insurance and Workmen's Compensation insurance; (4) Performance, fidelity and other bonds the Board deems necessary to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or Possession of Association funds or other property. The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full pow3r to 0 R A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 14 receive the Owner's interests in such proceeds. All proceeds shall be used for Association purposes. Insurance premiums for the above insurance coverage shall be a common expense to be included in the Regular Assessments levied by the Association. 5.6.5 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonable advisable or necessary to enforce any of the provisions of this Declaration, the Articles or the Bylaws. 5.7 No Liability. No Board member, committee member, Association officer, Grantor or its officers, directors or shareholders (collectively herein "Grantor") shall be personally liable to any Owner, or any other party, including V the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of that person provided that the person has acted in good faith and without gross, willful or intentional WE misconduct. 5.8 Budgets; Operating Statement; Balance Sheet; Inspection. Within sixty (60) days after the close of each calendar year, the Association shall cause to be prepared and shall make available for inspection by any Owner; (1) annual operating statement reflecting the income and expenditures of the a balance sheet as of the last day of the Association's calendar year; (2) an Association for its last calendar year; and (3) a proposed budget and schedule of Assessments for the current year. Notice of scheduled Assessments due shall be given at least once a year. 5.9 Meetings of Association; Notice of Meeting and Assessments. Each year the Association shall hold at least one annual meeting of the Members on April 30, or some other date set by the board between April 15 and May 31. If any meeting date falls on a weekend or holiday, then the meeting shall be on the next following business day. Notice of such meeting shall be given at least 10 and no more than 30 days prior to the meeting and such notice may include notice of the Assessments scheduled due for the coming year. Only Members or their proxies shall be entitled to attend Association meetings. All other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, at the address for the lot in the subdivision or the address supplied in writing to the Association. This notice shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or as close thereto as practical, at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative) where there is such a Member, and of Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to another time not more than thirty (30) days from the time the original meeting was scheduled. If the rescheduled COVENANTS, CONDITIONS AND RESTRICTIONS - 15 meeting is more than 30 days then additional notice of the next meeting shall be given. At any subsequent meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE 6. ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, obstruction, berm, driveway, or Improvement shall be placed on, under, over or 00 across any part of Subdivision unless a written request (given to one of the Board of Directors of the Association or a person designated by the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by a member of the Board or any person designated by the Board. The initial Board and their addresses is as follows: 1T 2 _0 ARTICLE 7. RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have the equal right to enjoy the use of those Common Areas or common facilities which are designed and built for such use. The Association may make reasonable rules governing use of the Common Areas and facilities. All common areas and facilities shall be owned by the Association. The Association shall have the power to suspend the use of all common areas to Members who are in arrears for non-payment of Assessments. However, the Association may not suspend street or sidewalk access to a member's lot or home. The Association may dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes agreed to by the Members. No dedication, mortgage or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer is signed by the Grantor (if Grantor still owns any of the Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also be approved by any local government having jurisdiction over the transfer. Said transfer shall become effective when the instrument is recorded. In the event that an Owner's access to his lot is over any Common Area, then any transfer of the Common Area shall be subject to an easement for the access of the owner. 7.2 Damages. Any Owner shall be liable for damage to any Common Area which may be sustained by reason of the negligence of willful misconduct of the Owner, the Owner's tenant, or the Owner's family, guests, agents, contractors or invitees. In the case of joint ownership the liability of such Owners shall be joint and several. The cost of correcting the damage shall be treated as a Limited Assessment against the Owner and building Lot and may be collected COVENANTS, CONDITIONS AND RESTRICTIONS - 16 as provided herein. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE 8. ASSESSMENTS 8.1 _Covenant to Pay Assessments. By acceptance of a deed to any property in Subdivision, each Class A Owner hereby covenants and agrees to pay, when due, all Assessments or charges made by the Association pursuant to this Declaration. In the event this subdivision is developed in Phases, the lots in uncompleted phases shall not be assessed until they become Class A Owner's lots. Declarant shall not pay any Assessments. No Mortgagee shall be required to collect any assessments. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges set out herein, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a continuing lien WD upon the property against which each such Assessment or charge is made. R 8.1.2 Assessment Personal Obligation. Each Assessment obligation set out herein which accrues during the time of ownership shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding anything contained herein, the failure to pay assessments does not constitute a _r default on an owner's federally insured mortgage. 8.2 Re-gular Assessments. All class A Owners are obligated to pay Regular Assessments to the Association on a schedule of payments established by the Board. 8.2.1 Initial Regular Assessment: The initial Regular Assessment for the first calendar year (Year) is to be per er This initial assessment is due upon sale of a lot from Grantory near d shall Ibe prorated on a calendar year basis based on the date of closing and shall be paid to the Association by the Buyer upon closing of the first transfer of the lot from the Declarant to the Buyer. 8.2.2 Regular Assessments. The proceeds from Regular (and other) Assessments are to be used to pay for all costs and expenses incurred by the Association, including but not limited to: (1) legal, accounting, management, and professional fees: (2) the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area and common facilities; (3) an amount allocated to an adequate reserve fund, established by the Board, for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained; (4) the cleaning and COVENANTS, CONDITIONS AND RESTRICTIONS - 17 sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; and (5) mowing the vacant lots and maintaining right-of-way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 8.2.3 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis and shall Assess each Class A Owner's lot equally for all Assessments (except the Limited Assessments which are on a lot by lot basis). Regular Assessments for the calendar year shall be pro -rated as of the date of closing. 8.2.4 4 Amounts Paid by Owners. the Board can require, in its discretion payment of Regular Assessments in monthly, quarterly, semi- annual or annual installments. The Regular Assessment to be paid by any A particular Owner, including Grantor, for any given calendar year shall be computed by dividing the Association's total advance estimate of expenses by the total number of Building Lots in the Property (i.e., each Owner of a Building Lot shall pay an equal share of Regular Assessments). 8.3 Special Assessments. 8.3.1 Transfer Special Assessment. Upon each transfer of any lot in the subdivision and the recording of the deed each Buyer at closing shall pay the Association a special transfer assessment of ($ ) Dollars which shall be used for genera Association purposes. 8.3.2 Set-up Assessment. Upon the first sale of each lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association set-up fee equal to ($ ) dollars to be used for general Association purposes. This fee shall be a one time initial set up fee, and shall not be prorated for any time left in the calendar year. This set up fee assessment shall be paid in full regardless of the time of year of the closing but shall only be paid once per lot. 8.3.3 Special Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, the Board shall determine the approximate amount necessary to defray such expenses and levy an Excess or Special Assessment equally to all Class A Owners. No such Assessment shall be levied which exceeds thirty-five percent (35%) of the budgeted expenses of the Association for that calendar year, without the vote or written assent of 2/3 of the Class A Owners. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. COVENANTS, CONDITIONS AND RESTRICTIONS - 18 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Building Lot and the Owner thereof personally as a remedy to reimburse the Association for costs (together with the 10% management fee, interest and attorney's fees as provided in Article 9 below) incurred in bringing the Owner and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. 8.5 Notice and Assessment Due Date. Except for the Special Transfer Assessment, the Set -Up Assessment and initial prorated Regular Assessment, written notice of all other assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of Assessments shall become delinquent if not paid within ten (10) days after the levy and notice thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 8.6 Late Fees; Interest on Past Due Assessments. Assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of $ In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1- 1/2%) per month from the date the assessment was due until the date of payment. 8.7 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser of Mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE 9. ENFORCEMENT OF COVENANTS AND ASSESSMENTS; LIENS 9.1 Right to enforce: Attorney's Fees. The Association has the right to enforce these covenants and to collect and enforce its Assessments. Each Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and agrees to comply with the terms, covenants, conditions and restrictions contained herein and to pay each Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether COVENANTS, CONDITIONS AND RESTRICTIONS - 19 by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: (1) direct corrective action against the Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure of the liens created herein; (4) expenditure of funds to remedy any violations; and/or (5) any other lawful action. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions of these Declarations, the board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the r' subject of such corrective action agrees to and shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action, and all attorney's fees incurred. Such shall be a Limited Assessment against that Lot and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out herein. 9.1.2 Notice of Corrective Action. Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice, the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in this Declaration. 9.2 Assessment Liens. There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot together with other charges as provided in this Declaration. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recording of a claim of lien with the County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.1 Claim of Lien. Upon default of any Owner in the payment of any Assessment, the Association may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording), a sufficient legal description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner (or reputed Owner) thereof. COVENANTS, CONDITIONS AND RESTRICTIONS - 20 Each default shall constitute a separate basis for a claim of lien, but any number of defaults may be included within a single claim of lien. Upon payment to the Association of all Assessments and all other charges of any kind set out in this Declaration or other satisfaction thereof, the Association shall cause to be recorded a notice releasing the lien. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. The lien may be foreclosed like a mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45- V 507; or foreclosed by any other appropriate action in court. The Owner shall pay all of the Association's attorney's fees and costs of the action if the Association prevails. Any sale shall be conducted in accordance with Idaho law applicable to the exercise of powers of sale. The Board is authorized to appoint its attorney, ,A any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure to the extent allowed by law. 9.4 Action at Law. The Association may, in it's discretion, elect not to foreclose the lien and simply file an action at law against the Owner for the monies due. The Owner shall pay all of the Association's attorney's fees and costs of the action if the Association prevails. 9.5 Required Notice. Any claim of lien shall be recorded with the County Recorder. In the event that the Association elects to file a lien and foreclose pursuant to Idaho Code 45-507, then the Association shall serve the copy of the recorded lien on the Owner within 24 hours of the recording of the lien as required by 45-507. no foreclosure action may be brought to foreclose the lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in the claim of lien, and to the person in possession of such Building Lot(s). No prior notice to the Owner is required for the Association to file an action at law for the monies due; provided, however, that no action at law can be filed until an Assessment is more than 60 days in default. 9.6 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein shall be subordinate to the lien of any first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recording of a claim of lien for the Assessments. The transfer of any lot pursuant to a foreclosure of a first deed of trust or mortgage shall extinguish the lien of the Assessments which came due before the foreclosure. Otherwise, the sale or transfer of any Building Lot shall not affect any liens or lien rights that Association has in this Declaration. Nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for Assessments. COVENANTS, CONDITIONS AND RESTRICTIONS - 21 9.7 Rights of Mortqaqees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and .recorded prior to the recording of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE 10. EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property and Owners reciprocal easements of access, ingress and egress to and from their respective Building Lots. These reserved easements are for; (1) installation and repair of utility services in the easement areas identified on the plat; (2) drainage of water (by buried pipe and not by flooding) across and under adjacent Building Lots and Common Areas in the drainage easement areas shown on the plat; (3) reasonable and necessary access by adjacent Owners for the maintenance and repair of fencing, retaining walls, lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the like. Such easements may also be used as necessary by Grantor and the Association. 10.2 Utilitv Easements. This Declaration is subject to all easements granted by Grantor before or after this Declaration for the installation and maintenance of utilities, drainage facilities, sewer, water, irrigation systems and the like that are required for the development of the Property. Grantor reserves, for the benefit of the Association, the right to grant additional easements and rights -of -way over the Property to utility companies and public agencies as necessary or expedient for the proper development of the Property. 10.2.1 Improvement of Drainage and Utility Easement Areas. No permanent structures or Improvements shall be constructed on any drainage or utility easement areas which would interfere with or prevent the easement from being used for it's intended purpose. Landscaping and fences in these easement areas are permitted in this Declaration if they do not interfere with the use of the easement. ARTICLE 11. MISCELLANEOUS 11.1 Term. The easements granted in this Declaration shall be perpetual. These CC&R's shall run with the land, and remain in effect, until December 31, 2025, unless amended as provided. After December 31, 2025, these CC&R's shall be automatically extended for successive periods of ten (10) years each, unless amended or terminated by a recorded instrument executed by Members holding at least three -fourths (3/4) of the voting power of the Association. The Association shall not be dissolved without the prior written approval of the City of Boise. COVENANTS, CONDITIONS AND RESTRICTIONS - 22 11.2 Amendment by Grantor. Until the recording of the first deed to a Building Lot, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated by Grantor alone by recording of a written instrument setting forth such amendment or termination. 11.3 Amendment by Owners. Any amendment to this Declaration, shall be by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying and attesting that such amendment has been approved by the vote, or written consent, representing two thirds (2/3) or more of the votes in the Association. Any amendment shall be effective upon K:lb recording with the County Recorder of such amendment. 11.4 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on all owners and all Property, notwithstanding that some Owners may not have voted for or consented to such amendment. Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but no amendment shall prohibit or unreasonably interfere with the allowed uses of _r any owner's property which existed prior to the said amendment. 11.5 Annexation of Additional Area. Declarant shall have the right to annex and include additional areas owned by Declarant into these Declarations and to make these additional areas subject to the jurisdiction of these CCR's and the Association. Declarant may annex these additional areas by recording a "Notice of Annexation" with the County Recorder describing the additional property to be annexed and referring to these Declarations and specifically stating in the notice any other or modified or additional restrictions that apply to the additional lands. upon recording of the Notice of Annexation, these CC&R's shall apply to the additional lands (as added to or modified by the Notice of Annexation) as if the additional land were originally covered by this Declaration. Thereafter, the rights, privileges, duties and liabilities of all parties with respect to the additional lands and the lands described in this Declaration will be governed by these Declarations and the Notice of Annexation as if all had been done together originally. The Association shall manage all the lands together. 11.6 Mortgage Protection. No amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust made in good faith and for value, and recorded prior to the recording of such amendment, provided that after foreclosure of any first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Any notices required by these CC&R's shall be in writing and may be delivered either personally, by mail, or by overnight courier. Delivery shall be complete when served personally, posted prepaid at the Post Office or delivered prepaid to the overnight courier. Notices shall be sent to Owners at the address of the property or if the Owner has given a different address to the Association in writing then notices shall be given to that address. Such address COVENANTS, CONDITIONS AND RESTRICTIONS - 23 may be changed from time to time by notice in writing to the Association. Notices to the Grantor and to the Association shall be given to that address of Grantor on Page One until Owners are given notice in writing of another address for notice. 11.8 Enforcement and Non -Waiver. These CC&R's may be enforced by Declarant, the Board, The association or any Owner. failure to enforce any of the terms of this Declaration at any time shall not be a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.9 Successors and Assigns. All references herein to Declarant, Owners, the Association or person shall be construed to include all heirs, successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. DATED THIS day of DEVELOPMENT LLC :0 Title STATE OF IDAHO, COUNTY OF ) ss. On this day of before me, the undersigned a Notary Public in and for said State, personally appeared known or identified to me to be the Company that executed the instrument, or the person f who Limited the executedtheinstrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in My Commission Expires: COVENANTS, CONDITIONS AND RESTRICTIONS - 24 EXHIBIT "A" Legal Description K30 ww A F T COVENANTS, CONDITIONS AND RESTRICTIONS - 25