HomeMy WebLinkAboutDevlin Place - Preliminary PlatMAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY 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
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(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 Hall
Attn: Will Berg, City Clerk, by: December 5, 2000
Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000
File No.: PP -00-025
Request: Preliminary Plat approval of 5.17 acres for 16 building lots and 4 other lots in
a proposed R-4 zone Devlin Place NoZ
By: JUB Engineers
Location of Property or Project: Directly south of Devlin Place between Sunburst
Subdivsion and Sunnybrook Farms
Sally Norton, P/Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
Your Concise Remarks:
City Engineer
Y City Planner
Parks Department (Residential Applications only)
Gen - 26 PP/FP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig, District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
t
FILE
U
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT OCT 1 7 2000
CITY OF Nd1I RIDIAN
PLANNING AND ZONING COMMISSION PLAi1INING & ZONING
TIME TABLE FOR SUBMISSION: NA request for preliminary plat approval must be in the City Clerk's possessionCater� J ��
than three days following the regular meeting of the Planning & Zoning Com §�01T,
Commission will hear the request at the monthly meeting irk O flee
The Planning and Zoning Co q Y
following the month that the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly meetings
provided the necessary procedures,and documentation are received before 5:00 P. M.,
Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision:
Devlin Place #2
2. General Location: Directly south of
Devlin Place,
between Sunburst
Subdivision and
3. Owners of Record: Dan Wood/D•W•, Inc.
Sunnybrook Farms
Address: 13141 W. Bluebonnet Court,
Zip 83713
Telephone
331-6348
4. Applicant: J -U -B ENGINEERS, Inc., Daren Fluke
Address: 250-S. Beechwood #201
, Zip 83709
Telephone
376-7330
5. Engineer: Gary A. Lee, P.E./L.S.
Firm: J -U -B
ENGINEERS,
Inc.
6. Name and address to receive City billings-
Name: Daren
Fluke
Address 250 S. Beechwood Avenue, Suite 201,
Telephone
376-7330
Boise, ID 83709
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres: 5.17
2. Number of building lots:_
3. Number of other lots: 4
4. Gross density per acre: 3.09 du/ac
5. Net density per acre: 4.10 du ac
6. Zoning Classification(s): 'R4
7. If the proposed subdivision is outside the Meridian City Limits but within the
jurisdictional mile, what is the existing zoning classification? N/A
8. Does the plat border a potential green belt? No
9. Have recreational easements been provided for? N/A
10. Are there proposed recreational amenities to the City? No Explain
11. Are there proposed dedications of common areas? No Explain
For future parks? No Explain
12. What school(s) service the area? Do you propose any
agreements for future school sites? No Explain
13. Are there any other proposed amenities to the City? No Explain
14. Type of Building (Residential, Commercial, Industrial or combination): Residential
15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single-family
16. Proposed Development features:
a. Minimum square footage of lot(s): 8,019
b. Minimum square footage of structure(s): 1,400
C. Are garages provided for? Yes Square footage: 450 _
d. Has landscaping been provided for? No Describe:
e. Will trees be provided for? No Will trees be maintained?
f. Are sprinkler systems provided for? Yes
g. Are there multiple units? No Type:
Remarks:
h. Are there special set back requirements? No Explain:
i. Has off street parking been provided for? Yes Explain:
j. Value range of property: $29,000-$32,000
k. Type of financing for development: Conventional
1. Were protective covenants submitted? Not at this time Date:
17. 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 will include all appropriate easements.
6. Street names must not conflict with City grid system.
9-604 B PRE -APPLICATION MEETING
The developer shall meet with the Administrator prior to the submission of the
Preliminary Development Plan. The purpose of this meeting is to discuss early and
informally the purpose and effects of this Ordinance and the criteria and standards
contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning
Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed
2
rJ.u1
Engineers Surveyors Planners
Applicant & Land Owner
Applicant
J -U -B ENGINEERS, Inc.
Attn: Daren Fluke
250 S. Beechwood Avenue, Suite 201
Boise, Idaho 83709
376-7330
Owner
Dan Wood
13141 W. Bluebonnet Ct.
Boise, Idaho 83713
Telephone: 331-6348
Fax: 331-6448
Location
Development Narrative
Devlin Place #2
September 18, 2000
This project is located immediately south of the existing Devlin Place Subdivision between Sunburst Subdivision and
Sunnybrook Farms Subdivision, approximately 300 feet north of Fairview Avenue and 1,300 feet east of Ten Mile
Road in Section 2, Township 3 North, Range 1 West. The subject property is comprised of a single tax parcel and
contains approximately 5.17 acres of land. The site was annexed into the City of Meridian in 1998 by Ordinance No.
653 and is zoned L -O.
Site Overview
The site is currently vacant and is surrounded on three sides by residential development. Those developments are all
zoned R-4 and contain single-family dwellings on lots of at least 8,000 square feet. There are three existing stub streets
providing access to the parcel from the north, east and west. The site is bordered to the west by a 20 -foot Nampa -
Meridian Irrigation District easement containing an open irrigation ditch. This site was previously approved for an
assisted living facility and is encumbered by a development agreement between the previous owner and the City of
Meridian (see Prestige Care/Devlin Place Subdivision Development Agreement).
Project Overview
Rezone
The landowner is requesting a rezone from the existing L -O (Limited Office) to R-4 (Low Density Residential). The
land is designated as Existing Urban on the Meridian City Comprehensive Plan Land Use Map and is expected to
develop with single-family dwellings similar to the surrounding properties. The requested zoning designation complies
in all respects with the provisions of the Meridian Comprehensive Plan.
Preliminary Plat
The landowner wishes to develop the 5.17 acres comprising the property with 19 lots (16 buildable, 3 common lots).
The resulting gross density of 3.09 units per acre falls below the 4 units per acre allowed by the R-4 zone and works
well for the site. The three common lots accommodate a Nampa -Meridian irrigation easement to the west (the existing
ditch will be piped to the property line), an ACHD drainage area (Lot 13, Blockl), and a sewer easement to the south
(Lot 14, Block 2).
x.40
/-
rJ-U-B _�
Development Narrative
Engineers Surveyors Planners Devlin Place #2
September 18, 2000
Page 2
Project Desi�rt
As designed, the project provides 16 single-family dwelling lots and connects with each of the three existing stub
streets to the property. Each of the buildable lots contain at least 80 feet of frontage and 8,000 square feet of area in
accordance with the provisions of the R-4 zone and are compatible with surrounding land uses.
Meridian Comprehensive Plan
The Generalized Land Use Map contained in the Meridian Comprehensive Plan designates the property as Existing
Urban. Pertinent policies are found in the land use, transportation, open space and parks, and housing sections of the
plan. In general, the site is very well situated for this type of development. The land to the north, east and west is
already developed with detached single-family dwellings on lots of at least 8,000 square feet, and the parcel
immediately south is approved for an assisted living facility. This project will fit seamlessly within the existing
neighborhood fabric and road network and is in compliance with the provisions of the Comprehensive Plan pertaining
to residential development.
Irrigation
The developer proposes to tile the existing irrigation ditch lying parallel to the western property line for the entire
length of the parcel. In accordance with state law, any irrigation water that runs through the property will be left
undisturbed and will continue to downstream properties. A pressurized irrigation system will be installed and looped
back to a connection with the Devlin Place system to the north. The system will utilize the existing allotment of
surface irrigation water to provide irrigation water to the newly created lots.
Drainage
Due to high seasonal groundwater on the site, drainage will be accommodated through a pond, pre -development
overflow and infiltration system located in the northwest portion of the project. In accordance with Storm Water
BMP's, the infiltration area will be grassed for pre-treatment of the storm water and for use as open space.
Water & Sewer
Water and sewer service currently exist on the boundaries of the property and will be extended to serve the
development. The sewer line will be extended to serve the property to the south through a 20 -foot easement.
Fire Service
The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as
required by Meridian Fire with installation of public water and fire hydrants.
Other Utilities
Public utilities, such as power and communications, will be extended underground into the project.
U:\dsf\devlin place 42\app letter.doe
CJUS
J -U -B ENGINEERS, Inc.
ENGINEERS - SURVEYORS - PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
October 17, 2000
Brad Hawkins -Clark
City of Meridian
200 E. Carlton, Suite 400
Meridian, ID 83642
RE: Devlin Place #2 Required Submittals
Per your request I am submitting the following information. Please let me know if you need
additional information.
The required affidavit is attached.
The required C, C, ft R's are attached.
<6R -C_ -.c With regard to traffic, we anticipate each of the new dwellings to generate 10 trips per day based
upon data generated by the Institute of Transportation Engineers. Traffic counts are not available
jC';Nzoet for the local roads stubbed to the project site but it seems likely that each of the roads has
sufficient capacity to safely accommodate the 160 trips per day generated by this development.
Sincerely,
J -U -B ENGINEERS, Inc.
Daren Fluke, AICP
Planning Associate
cc: Gary A Lee, P. E. / L. S
Dan Wood
VICINITY MAP
DEVLIN PLACE SUBDIVISION NO. 2
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09/14/2000 13:14 4334516, HOLLAND ADMIN Ft 2 PAGE 02
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For Value Received
WARRANTY DEED
D.D. & F., an Oregon General Partnership
hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto
D.W. Inc., an Idaho Corporation
hereinafter referred to as Grantee, whose current address is
13141 W. Bluebonnet Ct., Boise, Idaho 83713
the following described premises, to -wit:
See legal description attached hereto and made a part hereof.
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantec, his heirs
and assigns forever, And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is
the owner in fee simple of said premises; that said premises are free from all encumbrances except current
years ta=, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and
easement: visible upon the premises, and that Grantor will warrant and defend the same from all claims
whatsoever.
Dated: June 12, 2000.
D.D. 4 F., an Oregon General partnership
tt4rf -7 ocky, Partner
ADA COUNTY RECORDER
J. DAVID NAVA RO
BOISE. ID4K0
f iRST AMERICAN
RECOMEWD - REQ
ST,
T Or
FEE DEP
20 `N 16 PM 4- 20 1 O U O 4 1144
STATE OFA
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COUNTY.
day of June, in the year 2000, before me, a Notary Public in and for said State, personally
of
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subV4►bed ui%%Wrtnerstup r s to the ioregoing instrument, ana aexnowte 'a W me tnat ne executes [nc
w4b ja smajortWship namt.
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Residing at
Commission expires:
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First American Title Company of Idaho
09/14/2000 13:14 433451E
06/09/00 14:34 FAX 3757303
HOLLAND ADMIN F 2
FATCO SEARCH FAT
?shibit 10aa
PAGE 03
14002/007
The North 543 feet of Pareel 1 of aeeord of Survey No. 3916,
recor0ed Tawe 16, 1947 as Instrusant No. 97047432, said Parcel i
being a portion of the Rest Half of the Southeast quarter cf the
southwest quarter of Section 20 solMship 3 North, Mange i Rest, of
the anise x6ridian, A" County =daho.
f'J.u%
Engineers Surve,•ors Planners
Project: 11687-01
Date: August 28, 2000
PARCEL DESCRIPTION
PRELIMINARY PLAT BOUNDARY
RESIDENTIAL
A parcel of land being a portion of the Southwest''/, of Section 2, T.3N., RAW., B.M., Ada County,
Idaho, and more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1W., B.M., Ada
County, Idaho; thence South 88°38'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a
5/8" iron pin marking the West 1/16 1h corner of said Section 2; thence leaving said Southerly boundary
North 00017'24" East, 344.01 feet along the West 1/16 th tine and also being an extension of the Easterly
boundary of Sunburst Subdivision No. 2 as filed in Book 60 at page 5894 of Plats, Records of Ada County, the
REAL POINT OF BEGINNING;
thence continuing along said 1/16 th line and Easterly boundary North 00017'24" East, 543.00 feet to a
5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8079,
Records of Ada County, Idaho;
thence leaving said 1/16`h line and Easterly boundary South 89042'36" East, 414.65 feet along the
Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said
subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book 44 at
page 3609, Records of Ada County;
thence leaving said Southerly boundary South 00017'24" West, 543.00 feet along said Westerly
boundary to a point;.
thence leaving said Westerly boundary North 89142'36" West, 414.66 feet to the REAL POINT OF
BEGINNING.
Said parcel contains 5.17 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
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F:\projects\11687\descriptions\preliminary plat boundary - residential.doc
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RESOURCE PLANt iNG AND SITE INVESTIGATIONS
4
6239 Edgewater Drive Boise, Id.he 83709 (208) 672-9713
July 24, 2000
Holland Realty, Inc.
4720 W. Emerald
Boise, ID 83706
Dear Dan:
Two test holes were examined and described on the proposed Devlin Subdivision located in a
portion of the SW of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho. Soil physical
characteristics and internal drainage conditions were noted and logged on the attached field sheet.
The purpose of this investigation was to determine suitability for storm drainage facilities, placement
of foundation footings, etc.
Free water (water table) was found in both test holes at 44" and 60" depths. PVC pipes were
installed in each of the test holes so that water table Ievels can be measured and recorded. Water
table depths should be measured and recorded at two-week intervals starting August I" through
October 15, 2000. I expect the water table levels to rise until about the third week in August and
then lower when irrigation starts to slow down. When the irrigation water is shut off to canals, about
October 2, the water table levels should drop rapidly. To take the measurements insert a measuring
tape to the bottom of the pipe, read depth at the top of the pipe then subtract the depth that water
shows on the tape and also subtract the length of pipe above the ground surface. The figure you get
should be the depth from the ground surface to the top of the water table. Record the figure.
I have estimated soil permeability for each soil layer identified (see attached field sheet). These soil
permeabilities were estimated on the basis of soil texture, soil structure, density (porosity), and other
characteristics of the horizons in the soil profile. Commonly, the percolation rate of a soil is set by
the least permeable horizon (layer) in the soil profile.
Monitoring the two test holes for water table maximum height will give part of the basis for design
of a storm drainage facility that will be acceptable. Soil characteristics including texture, structure,
density, clay content, etc., also should be considered in the design (see field notes).
If you have any Questions about this report, please call me at (208) 672-9213
Sincerely,
Glen H. Logan
Certified Professional Soil Scientist
7- A L T 7 C - 7 I n ( n n� ) 1 I I- S n T - T n 1 0 1 1 I I S T 9 0 -- -- - j - -
AGO
Soil Evaluation
Evaluation Date 7/24/2000
Requested By Dan Wood, Holland Realty, Inc
Address 4720 W. Emerald
City Boise State Idaho Zip Code 83706 Phone (208) 336-3393
Lot Size See Plat Bedrooms — Parcel —
Legal Description Devlin Subdivision - Dart of SW of Section 2
T.3N. R.1W., B.M. Ada County, Idaho
Slope 0-1% Evaluated By Glen H. Logan, CPSS
Additional Info:
TH 1 - Free water (water table) at 44" depth.
TH2 - Free water (water table) at 60" depth.
C ri 4-T7C - 7/ O Inn- I I iio9_r -Tn I -,i I I a T 9 0.-.-.. .-- .-, -)- -
Pit TH1
Pit TH2
0-9"
Silt loam (20% clay),
0-10"
Very fine sandy
platy structure,
loam (15% clay),
I OYR 3/4, many fine
10YR 3/4, many
roots, common
fine roots, estimated
medium and few
permeability 2 -
coarse roots,
3"/lu,
estimated
permeability 2"/hr,
10-20"
Very fine sandy
loam (15-20%
9-22"
Silty clay loam (30%
clay), IOYR 3/6
clay), l OYR 4/3
matrix, 7.5YR 5/6
matrix, 7.5YR 5/6
mottles, common
mottles, common
fine roots, estimated
fine, medium and
permeability 2"/hr.
coarse roots,
estimated
20-26"
Gravelly loamy
permeability .5-
medium sand (<5%
1 �•
clay), variegated
color, few fine
22-34"
Loam (15-20%
roots, estimated
clay), 2.5Y 4/4
permeability 15"/hr.
matrix, 7.5YR 5/6
and 5/8 mottles,
26-35"
Medium sand (0%
common fuze,
clay), variegated
medium and few
color, few fine
coarse roots,
roots, estimated
estimated
permeability 15"/hr.
permeability 2"/hr.
35-140"
Extremely gravelly
34-138"
Extremely gravelly
coarse sand (0%
loamy coarse sand
clay), variegated
(<5% clay),
color, no roots,
variegated color, no
estimated
roots, estimated
permeability 15-
ermeabili 15"/hr.
20"/hr
Additional Info:
TH 1 - Free water (water table) at 44" depth.
TH2 - Free water (water table) at 60" depth.
C ri 4-T7C - 7/ O Inn- I I iio9_r -Tn I -,i I I a T 9 0.-.-.. .-- .-, -)- -
NTROL
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D-EYLIN PLACE N0.2
PROPERTY OWNERS WITHIN 300'
DEVLI& PLACE Ir'EI T'HIiUmUOD DAHM VIRGIL L &
ASSOC TION DAIIM RHONDA A
2053 N iAN O'WAR WAY 2750 W HIGAN ST
MERID�AN ID 83642-0000 MFRIDIAN ID 83642-0000
N HAVPN COVE WAY 1951 N MAN O'WAR WAY
BARE ERG JASON D &
LEE DON &
BARE ERCP JULIA D
LEE SANDRA
2781 W NDTCF, Cl'
2768 W HIGAN ST
MERID AN ID 83642-0000
MERIDIAN ID 83642-0000
WITHO S DAREN A &
WITHE JUI,TA T,
COONES JOSEPH CT
2780 W HIGAN sr
2767 W ANI,)TCE CRT
MHRIDiAN ID 83642 -WW
MERIDIAN ID 83642-0000
1
BRADLEYL
WIT-HEVCKSONJENNR?
NIBLETT DAVU7 O & REBECCA M
2816 W KANDIC,F, tiT
HEMI)IL
MERIDIAN ID 83642-4139
2749 K4NDICE
MERINAN I15 83642-4416
SCHOPPELREY DOUGLAS JOHN &
JEAN
MOR'lUN PATRICIA .ANN
3 N
513
3513 NF 158'1H AVE
1963 TODD WAY
VANCOUVER WA 98682-7307
MERIDIAN ID 83642-1266
2644 REBECCA WAY
MOKKL�ON R B& M C TRUST
SUGAI MICHELLE H
MORRI.jON It B & M C TRUSTEES
1944 N MAN WAR WAY
3841 W(bODMONT DR
MERIDIAN ID 83642-0000
MERIDJ}AN ID 83642-1032
2824 W KANIJICE sI'
ASMUSSEN RICHARI.) C &
`
ASMUSSEN MELISSA J
GREER NDY L
USAN
2845 W KANDTCF. ST
GREER L
MERIDIAN TT) 83642-4139
1958 N NAN OWAR WAY
MERIDIi&N TT) 9:3642 -MM
GARVIN MATTHEW A &
MOSPA hAVZD L & DIANA S
GARVIN DIANNE B
2857 W 4NbICE ST
2808 W KANDICE ST
MBRLDL4N ID 836424139
MERIDI ID 83642-4139
NANO,& MERIDIAN IRRIGATION DISTRICT
8 EAL DENIA L
1503 oitr SUUTH ST
2645 REBECCA WAY
NAMPA-�D 83651.0000
MERIDIAN 1D 83642-1270
N HAY14N COViF WAY
CLEVELAND RICHARD W &
CLEVELAND KAREN
KE:I'IT•IILY ROBERT M
2823 W KANDICE ST
K$RT•ILp,Y M c
MERIDIAN ID 83642-4139
2675 REPECCA WAY
MERIDIAN Ili 83642-1270
TROMBURG STANLEY O &
i
NCIIYR-T'ROMBURG SUE A
2811 W KANDICE ST
MERIDIAN ID 83642-4139
Page 2
IOC
DUPUIS JEFFI)
CLARK CATILERLTIE E
1891 TODD`WAY
MERIDIAN ID 83642.1267
i
MOILANEN:DANNLEJ- A
2711 W HIGAN ST
MERIDIAN Ill 83642-0000
t
BONCk MAiLL A L
2641 R�BECCA WAY
MERIDIAN ID 83642.1270
SHEFFiRLD I?LLIOT A &
SHEFFIELD MARII.YN K
1872 NPAVFN COVE WAY
MERMIAN ID 83642-0000
HALSLY RUSSRT. l?
2751 W`I ITGAN ST
MERIdIAN I'D 83642-0000
KKUMMHNHOEK PAUL R
KRC)Nf�ENNOF3K ICEL.LY C
2735 W1141GAN ST
MFRII IAN ID 83642-0000
WATSON JACK R &
WAT.S4N LORRY A
2638 REBECCA WAY
MERIDIAN ID 83642.0000
SHOEMAKRX PHILLIP K
2637 RkBE CCA WAY
MERIDiiAN ID 83642-1270
SHEL.LliORN JOANNE M
2876 W GEMSTONE DR
MERIDIAN ID 83642-1194
STUi•IR{WuilAM & JoANN
2858 W FEMST)NR DR
MEXrWN 1D A.1642-1194
SUNB I IOMR-OWNERS ASSOC INC
3775 C SSIA :SI'
BOISE ID 83705-2225
W CHEkRY AVP
W ANN! ST
t
17ILLD KEVIN D &
rIEL.D GWENDA 1.
2630 R4I3EC(tA WAY
MERIDIAN ID 83642-1268
208 668 685,4; Sep• t , t4PPage 3
BEST DAWN D
1879 CV TODD WAY
MERIDIAN ID 83642 -(XXX)
D D & F
501 SE COI..UMBIA SHORES BLVD STP. 300
VANCOUVER WA 98661-0000
W CHERRY AVE
TETRAULT KENNETH ALIEN &
MONICA E
2830 W GEMSTONI3•DR
MERIDIAN ID 83642-1194
LOW CLINT B & MELODY J
2812 W GEMSTONE DR
MRRIDIAN ID 83642-1194
GABBY CHARLES T &
GABBY CIIRISI'INE R
2692 REBECCA WAY
MERIDIAN ID 83642-1268
BARNE•TT DOROTHY A
1865 TODD WAY
MERIDIAN ID 83642-1267
WHITMAN SUF•. C
PO BOX 162
WEST YELLOWSTONE MT 59758-0162
2618 RL'BEC:CA WAY
MARTELLF MAWfIN J
.5685 COLLISTER DR
BOISE ID 83703-3825
2586 W MISTY DR
LONGO DAVID B & SI•IAWNA A4
2615 REBECCA WAY
MERIDIAN ID 83642-1160
BEHRENDT DARICf!
2612 MISTY DR
MERIDIAN ID 83642-1217
GILBERT ROBERT 1.
2891 W GEMSTONE DR
MERIDIAN ID 83642-1195
STRINGER LAWRENCE Al-kN &
FVANGELINE N
2863 W GEMSTONE DR
MERIDIAN TD 83642-1195
CARROLL WILLIAM R &
CARRPLL SHIRLEYJ
1778 IN MORELLO AVE
MFM15IAN ID 83642-1189
LANCf, EDWARD & DELOY
2613 P�F-BECCA WAY.
MER II)LAN ID 83642-1160
) QHN$TON -TIMOTHY T
1761 N'MORELLO AVE
MERIDIAN M 83642.1190
SCHAF,PBR RONALD L &
CI(RI INE 0
2611 STY ISR
MER IAN ID 83642-1218
MUIR�S-TY
ARRY H & CI4PIREL A
2%5 DR
MERIPIAN ID 83642-1220
COOP4R RICHARD S &
COOP#R GINGER L
29WSTBPHANIE CT
MERIDIAN ID 83642.1181
MORG jkN V=E )
1764 N MORELLO AVE
MERIDIAN ID 83642-1I89
POOL JAMES HOWARD & QUINDA M
2609 REBECCA WAY
MERID�AN ID 83642-1160
JOHNSbN C ALDON &
JOHNSON DELORA
2561 MISTY DR
MERIDIAN ID 83642-1220
KERN SCOTT A
1745ORHI.LO AVE
MERMIAN ID 83642-0000
ROSE NARK;A do TAMARA J
173214 MORRLLO AVE
MIaRIDfAN ID 83642.1189
BELVEh!- RICHARD D &
BFl,V`EN L CYNTHIA M
2603 X*BECCA WAY'
MERIDIAN ID 83642-1160
208 888 6854; Sep -15, 1:14PL1;
POINDEXTER R1C;I IAKll I &
PULNDEXTER CI•IIZIS?INE I.
2600 RRBECCA WAY
MERIDIAN ID 83642.1269
WORTHEN JOEL O & BETTT I,
2900 W S'T'EPHANIE CT
MF..RIDLiN ID 83(42-1181
BAILEY BRUCE R &
BAILEY LESLIE J
2605 DALTON I.N
BOISE ID 83704-5518
25-94 REBFCCA WAY
2590 REBECCA WAY
BOUDREAU YVETTE M
1713 N MORELLO AVE
MERIDIAN ID 83642-1190
WRIGHT KEITH K
2599 REBECCA WAY
MERIDIAN ID 83642-1160
KINGSTON I V AN D &
KINGSJ'UN C:HRISTIE A
2899 W Sl'EPHANIF. CRT
MERIDIAN ID 83642-1182
VINES JOHN EDWIN &
KATHI,YN MARIE
1708 N MORELLO AVE:
MERIDIAN ID 83642-1189
MCNIES DELBERT
MCNEES KRISTI
2595 REBECCA WAY
MERIDIAN ID 83642-0000
WIISON DWAYNE A AND
JACOBS LISA C
1693 N MORELLO AVE
MERIDIAN ID 83642-1188
VANSI IUR PATRICIA A
2578 REBECCA WAY
MERIDIAN ID 83642-1150
BROGAN JOHN R &
BROGAN ALICE K
1686 N MORLILLO AVE
MERIDIAN ID SM42-1187
VRBA JEFFREY L & JULIE R
2892 W ANN ST
MERIDIAN Ill 83642-1177
Page 4!;
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CARNtY CUR'I'IS D &
CARNJEY ELLEN M
2591 REBECCA WAY
MERTOIAN ID 83642-1160
H U RS+ JERRY B & DANE=
28W WAN N J1'
MERTDIAN'ID 83642-1177
BARRY L
1662 N MQRELLO A VE
MERIb AN ID 83642.1187
f
N"O WALLACE H & KATHLEEN
2587 IJFBBCCA WAY
MERLIDIAN f D 83642-1160
HUMP REYS LARRY RALPH
2571 'AECCA WAY
MERII$IAN ID 83642.1160
HENDERSON PHILIP D I. & C:ASSIE
2835 .VO ANN : ST
MER161AN ID 83642-1178
D'JRFTE SHAD C; do
DURF$E JENNY M
2851• W,ANN`ST
MERIDIAN ID 83642-1178
BARBIAR JIMMY D
2583 REBECCA WAY
MF..RIOIAN I:D 83642-1160
BEVINP'TON WILSON C
BEVINGTON WILMA L
2567 R�BECCA WAY
MERII�LAN ID 83642.00W
DIANDA DEIIRA S
BRADIJURN DAVID)
2887 W }ANN ST
II7�I
MERAN ID 83642-1178
HANS N PENNY L
286%W4kNN ST
MERIDIAN ID 83642-1178
DOTY ALAN*. M &
DOTY CHRIS-IY L
2575 kEBECCA WAY
NILRIDiAN ID 83642-1160
HEICKjKAREN R
6329 DI LUSSO DR
ELK C:1LOVE:CA 957594XXX)
206 886 064; Sep -15
2579 REB•h CCA WAY
DO QUANG THE & TFitTY Tl ll
4319 F!UHURST AVE
BALDWIN PARK CA 91706.2853
W CHERRY AVE
HAVEN COVE HOA INC
3350 AMERICANA TER STF. 200
BOISEr ID 83706-2502
N TINA MARIE AV R
SIDEVELOPMENTINC
3350 AMERICANA TER S n 200
BOISE ID 83706-2502
N CLARA AVE
N HAVEN COVE AVE
REYNOLDS CHRISTINA A
2828 W LEROY CRT
MERIDIAN'I1) 83642 -MM
ADY TAMMY S
2824 W IXROY CT
MF.PUDIAN M 83642-4351
ROSSI PETER J &
ROSSI SHANNON M
2634 W LF. -ROY CT
MERIDIAN 1D 83642-4307
EVANS DANIEL MICHAEI. &
EVANS ADARE C
2610 W LEROY Ci'
MERIDIAN ID 83642-4307
GRF'IV LORI L
2812 W LEROY CT
MERIDIAN ID &3642-4351
BYINGi'ON DARREN K
2780 W. LEROY CT
MERIDIAN ID 83642.4350
BRINKERHOFF JOHN DOUGLAS &
BRINKERHOFF JAMN' F
157214 HAVEN COVE AVE
MERIDIAN ID 83642.4330
SAYLES ROBF' l' 1'IIOMAS &
SAYLPS IMANNE L
2580 W LEROY CT
MERIDIAN ID 83642-4307
rage 1, r
oy: ;
PFNACK J
PENH IAMANTHA
1550 N jiAVEN COVE AVE
MERIDIAN TD 8.3642-0000
STUCKFR L R & It M TRUST
STUCKER L R & F M TRUSTEES:
2641 W �ERUY CT
MERID�AN ID 83642-4307
2695 W UHERRY LN
2641 W _ ROY CT
TRIES GREGORY G &
TIITES kOSE:
2827 W LEROY a
MERIDIAN 1U 83642-4351
POGULINDA C
1528 N VEN COVE AVE
MERI LAN ID 83642-000()
i
SKCK;9BERG STEPHEN C a
LALU1 S-SK6GSBERG LISA L
'2813 W111MROY CRT
MERIgL .N ID 83642-4351
!f
ZURITI4 JOSE LUIS &
GU KITt ANGELICA
PO 9A 554 :
MEIAN ID 8M80-0000
151914HAVEN COVE AVE
WASDEN TODD G &
WASDtN MISIIFLLE D
2825 W LEROY CRT
MERIbLAN ID 83642-4351
208 666 6854; Sep -15 ` 1:15PM; Page 6/7
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208 888 6854i
Sep '15'- W; Page 7/7
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CITY OF MERIDIAN
"Hub of Treasure Valley'
33 E. Idaho
Meridian, Idaho 83642
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,Alli 01� ''.!I1,
BOISE. IUK;iu
1998 NO - 9 r 1 4 2
aEcorcE�->�
FIRST AM:R, AN
�rd
Ftp DEPUTY -7
DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS
FOR
DEVLIN PLACE SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for
Devlin Place Subdivision is made effective as of the 3_- day of KLx43g-, , 1998,
by D.W. Inc., an Idaho corporation, (hereinafter "Grantor" or "Declarant") whose
address is 13141 W. Bluebonnet Ct. Boise, Idaho 83713.
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 Devlin Place Subdivision is that property in Ada County, State of
Idaho, which is contained in Devlin Place 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's and the Association.
The "common area" lots contained in this Subdivision are set out in Paragraph 3.8
below.
1.2 Purpose of Declaration. Devlin Place Subdivision 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 agrees that
DEVLIN PLACE SUBDIVISION CC&R'S
'iclions indicating a preferpnce,
limitation or discrimination based an
race, color, religion, sex, handicap,
familial status, or national origin are
hereby-deloted to the extent tkcrtt
sly"11 restrictions violato 42 USC
Page 1 of 29
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 successors.
2.3 Enforcement. These CC&R's may be enforced by Grantor, any Class
A Lot Owner or by the Association.
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 construction, 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 "Devlin Place Subdivision" shall mean the Property described in 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, start-up, special or limited), late charges,
attorneys' fees, interest, and other charges set out in these CC.&R's.
3.4 "Association" shall mean, Devlin Place 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.
3.7 "By-laws" shall mean the By-laws of the Association (a copy of which
is attached hereto as Exhibit B).
DEVLIN PLACE SUBDIVISION CC&R'S Page 2 of 29
3.8 "Common Area" shall mean all lots of Devlin Place Subdivision that are
designated herein or on the Plat as private streets or drives, common open space,
common areas and common landscaped areas, including but not limited to, the
following parcels which Declarant shall deed to the Devlin Place Neighborhood
Association;
Lot 1 Block 1
(Graveled pedestrian and bicycle pathway area;
Nampa & Meridian maintenance easement area)
Lot 19 Block 1
(Water detention and retention area; ACRD
maintenance and easement area; Landscape
area)
Lot 10 Block 4
(Water detention and retention area; ACHD
maintenance and easement area; Landscape
area)
Lot 2 Block 1
(Area for pump station. This lot shall be a
common area lot until deeded to Nampa &
Meridian Irrigation District for a pump station.
Once deeded to NMID this lot shall be excluded
from the effect of these CC&R's)
The Association shall manage, maintain and operate these common area lots
as provided in this Declaration.
3.9 "Declaration" shall mean this Declaration as it may be amended from
time to time.
3.10 "Grantor" shall mean D.W. Inc. 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 may also be 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, lights, 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. Members must be either a Class A Lot Owner or Grantor.
DEVLIN PLACE SUBDIVISION CC&R'S Page 3 of 29
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. A "Class A" Owner shall be any owner of a Building
Lot other than Grantor. Los deeded to irrigation districts for pump stations are not
Building Lots.
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.
3.17 "Property" shall mean all of the 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 regular assessments assessed
against all Class A Owners to defray the cost of maintaining, improving, repairing,
managing and operating the Common Areas and all Improvements located thereon,
and the other costs and expenses of the Association.
3.19 "Start-up Assessment". shall mean that initial fee payable to the
Association to start-up the Association. This one time start-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 unreasonably 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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 4 of 29
4.3. Use Size and Basements. All Building Lots shall be used exclusively
for one or two-story single-family homes with a minimum square footage of 1,400
square feet excluding porches and garages. Split entry homes are prohibited.
Basements are prohibited due to the high water table.
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; (d) no more than 120 square feet in area and no more
than eight feet high; 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 shall be constructed of the same
materials and colors as the main building or as approved by the Board. Garages
shall not to be used as living quarters nor to be used primarily as storage. Garages
are primarily for the parking of vehicles. In no case shall a garage be used for
storage leaving no room therein for the parking of vehicles.
4.7 Exterior; Appearance. No vinyl or metal siding shall be allowed for the
exterior of any dwelling unless approved by the Board. Such are discouraged,
however. Bay windows, broken roof lines, gables, hip roofs, etc. are 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 Commercial Activity. No commercial activity except an at home office
or a once a year garage sale shall be permitted on any of the property.
DEVLIN PLACE SUBDIVISION CC&R'S Page 5 of 29
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 or gravel.
4.11 Colors. Exterior colors of earth tones or light blues or greys shall be
encouraged for the body of the house. Bright, bold, yellow, or very dark body
colors 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 shall have a photo -sensitive pole light
installed in the front yard prior to occupancy, ideally within five (5) feet of the
sidewalk and five (5) feet of the driveway, with a minimum bulb power of 40
watts, designed to switch on automatically at sunset and off at sunrise.
Installation is the specific responsibility of the builder constructing the home.
4.13 Landscaping. Berms and sculptured planting areas are encouraged.
Landscaping of the front yard shall be completed within thirty (30) days of
occupancy of the home and shall be the responsibility of each respective Owner of
the lot. 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 in the front yard and at least one tree
of 2" caliper in the front yard. 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 portions of 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 thereafter 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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 6 of 29
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 or those portions of Lots 12 and 13 which abut a common area,
and then only after approved by the Board. Fences shall not be built closer to the
front of the lot than even with the front corner of the home, and side or corner
fences shall comply with local governmental ordinances.
4.15 Construction. No pre-existing, mobile home or prefabricated home
shall be moved onto any lot. All homes in this Subdivision must be constructed on
the lot. 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, grass clippings or other debris of any kind
shall be placed on, dumped 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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 7 of 29
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,
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 only 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 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. No vehicles taller than nine feet or longer than 25 feet shall be allowed to
be stored on any portion of the property. If a stored item is taller than the front or
side fence then the item must be parked two feet away from the fence for every
one foot it is taller than the fence. (For example, a nine foot tall motor home would
be required to be parked six feet away from front and side fences if those fences
were six feet tall, and eight feet away if the fences were five feet tall.)
Notwithstanding anything contained herein, a boat, camper, trailer or motor home
may be parked in a driveway or in the street in front of the Owners lot (if permitted
by local ordinances) for a temporary time not to exceed three days.
No vehicles may use or be parked on the Common area Lot 1 Block 1 (except
Nampa & Meridian Irrigation District vehicles for the purposes of utilizing its
maintenance easement). Otherwise, this common area lot is a graveled pathway
for pedestrian and bicycle traffic only.
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 (15) days
written notice of its intent to do so. For any such vehicles
removed, the Owner shall reimburse the Board, as a limited
assessment, the costs thereof plus a management fee equal to
ten percent (10%) of the costs. (See Article 9 below)
DEVLIN PLACE SUBDIVISION CC&R'S Page 8 of 29
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 Signs. 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 than 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 Lot Grading 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.
4.26 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.
4.27 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, 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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 9 of 29
4.28 Water; Water Rights. Each party accepting and recording a deed to
any property in this Subdivision or occupying any property in this Subdivision
acknowledges and understands and agrees to the following: a) that such property
is in an irrigation district, including but not limited to Nampa & Meridian Irrigation
District; b) that the water in said district has not been transferred from this
property; c) that each Owner of any Lot is subject to all assessments levied by any
irrigation district or water supplier and/or the Association; d) that each Lot Owner
shall be responsible to pay any levies of the irrigation entity or the Association or
the water supplier attributable to that Lot; e) that these assessments are a lien
upon the Lot. Each owner or occupant of any Lot in Devlin Place Subdivision
specifically releases and waives any and all claims of any kind against Declarant,
its agents, employees, officers and directors relating to irrigation water in Devlin
Place Subdivision,
4.28.1 Nampa -Meridian Agreements: The lots in Devlin Place
Subdivision shall be subject to any existing or future recorded agreements or
license agreements with Nampa -Meridian Irrigation District regarding this
Subdivision, including but not limited to the following existing agreements or any
addendums thereto:
a) Agreement for Pressurized Urban Irrigation System (PUTS) with
Restrictive Covenants Running with the Land, recorded the 6th day of August,
19.98, as Instrument No. 98075398.
b) Construction Contract for Pressurized Urban Irrigation System
recorded the 6th day of August, 1998, as Instrument No. 98075399.
4.29 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.
4.30 Water Detention and Retention Areas• Maintenance• ACHD Easement,
Lot 19 Block 2 and Lot 10 Block 4 of Devlin Place Subdivision (both Common Area
lots) will contain water detention and retention areas. The drainage system on
these lots shall be maintained by the Association or ACHD (Ada County Highway
District) as follows:
4.30.1 "Heavy" Maintenance. Heavy maintenance consists of
periodically inspecting the subsurface trenches and facilities to
ensure they are functioning properly; cleaning out the facility
DEVLIN PLACE SUBDIVISION CC&R'S Page 10 of 29
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. ACHD may elect to
perform this "heavy" maintenance and shall be allowed by the
Owners and the Association to perform this maintenance work.
In the event ACHD shall decide not to do so "heavy"
maintenance, then the Association shall do so.
4.30.2 Easement to ACHD for Heavy Maintenance ACHD is
hereby granted an easement over the entirety of the two lots
listed in this section as needed for maintenance of the drainage
facilities by ACHD.
4.30.3 "Light" Maintenance & Operation The Association
shall provide all "light" maintenance of the ponds and the entire
ground surface of these two. lots. This light maintenance shall
include the following: a) periodic inspection of the ponds for
water spots, water entering the ponds from other lots, erosion
and rodent damage, and if found to cause the problems to be
repaired.
(b) perform all lawn maintenance, mowing, irrigation and weed
control, (c) clean up all trash, (d) regularly check the underground
storm drain facility for clogging or standing water and if found to
report such to ACHD so ACHD can do the "Heavy" maintenance.
4.30.4 No Structures. No permanent structures or
improvements shall be erected on either of these two lots.
4.30.5. Association Failure to Maintain; ACHD Remedies In
the event that ACHD determines, in its sole discretion, that the
Association is not adequately performing the light maintenance
of the subsurface trenches, then ACHD shall, before undertaking
maintenance of said common area, provide written notice of its
intention to begin maintenance on behalf of the Association
within a thirty (30) day period, within which time frame the
Association may undertake to initiate and conclude all
maintenance defects as identified by ACHD. In the event that
the Association shall fail to commence and conclude
maintenance of the subsurface trenches to the extent said items
of specific maintenance are identified by ACHD within the
prescribed thirty (30) days, then in that event, ACHD may begin
DEVLIN PLACE SUBDIVISION CC&R'S Page 11 of 29
to undertake such maintenance. ACHD is hereby granted an
irrevocable license and easement to enter upon any portion of the
lots described herein to perform such inspection and
maintenance of the subsurface trenches. Should ACHD engage
in maintenance of the defined common area or facility after
having provided notice to the Association and having provided
the Association an opportunity to undertake said maintenance,
ACHD shall first bill the Association and if such bill shall not be
paid within sixty (60) days, then ACHD shall be entitled to and
empowered to file a taxable lien against all lots within Devlin
Place Subdivisions with power of sale as to each and every lot
in order to secure payment of any and all assessments levied
against all lots 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 ACHD. 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 ACHD. The Association and all Lot Owners by accepting
title to a Lot agree that all Lot Owners within these Subdivisions
are benefitted property owners of such maintenance.
4.31 Pressurized Irrigation System. Irrigation water, when seasonally
available, will be supplied through Nampa & Meridian Irrigation District via a
pressurized urban irrigation system. This system shall be owned by Nampa &
Meridian Irrigation District. All main lines, pumping works and the like shall be
maintained and operated by Nampa & Meridian Irrigation District and each lot
owner shall pay pro -rata for the costs of maintenance and operation of the
pressurized urban irrigation system attributable to Devlin Place Subdivision. Each
individual lot will have a control valve on the pressurized irrigation system to allow
irrigation water onto that individual lot. Each lot Owner shall be responsible for his
own irrigation system on his own lot downstream from this control valve (e.g.
sprinkler lines and sprinkler heads). Any Owner damaging the main system shall be
responsible for that damage.
4.31.1 Water Costs: All irrigation water costs shall be paid
by the lot owners either from individual assessments against each lot
by the Irrigation District or other water suppliers; or, if the water
supplier provides one billing to the Association, then the water costs
shall be paid as part of the Association's pro -rata assessments to
DEVLIN PLACE SUBDIVISION CC&R'S Page 12 of 29
Class A lot owners. Each lot owner shall pay an equal pro -rata share
of all the commonly billed water costs regardless of actual water
used. (For example, if the water supplier gives one common billing
to the Association, then each owner shall pay an equal pro -rata share
whether that owner uses the water or not.)
Each lot owner shall use all reasonable efforts to conserve and
not waste irrigation water.
4.31.2 Rotation: Rules, The Board may establish a
water rotation schedule for all lots and common areas in this
Subdivision and general rules for the times and use of irrigation water.
All lot owners and occupants shall follow said water rotation
schedules and any rules promulgated relative to the use of irrigation
water. Failure to adhere to the rotation schedule or rules may,
following notice from the Board, result in suspension of the right to
use irrigation water.
4.31.3 No Liability, Neither Declarant, its agents,
employees, officers, directors, or shareholders, nor the Association
or its officers, directors, employees or agents shall have any liability
of any kind whatsoever to any owner or occupant for any claims or
losses of any kind due to a failure of the water system or shortage of
water for any reason.
4.32 Common Driveway; Reciprocal Easement• Maintenance of Common
Driveway. In this subdivision Lots 2 and 3 in Block 3 shall have one common
looped driveway which shall be constructed per ACHD requirements. This
driveway shall be the only means by which these two lots can access Chateau
Drive. This common looped driveway is referred to herein as the "common
driveway easement area".
4.32.1 Reciprocal Easements. Each Owner of these two common
lots, and occupants, tenants, guests and invitees shall have an easement over
and across all of that common driveway easement area. This shall be a reciprocal
easement benefitting and burdening each of the two common driveway lots and
shall be for the purposes of ingress and egress over and across the common
driveway easement area to and from the public street. NO PARKING OF ANY
KIND SHALL BE ALLOWED IN ANY OF THIS COMMON DRIVEWAY EASEMENT
AREA. This area is for ingress and egress only.
DEVLIN PLACE SUBDIVISION CC&R'S Page 13 of 29
4.32.2 Maintenance of Common Driveway The maintenance of the
common driveway easement area and the costs thereof shall be shared equally
(1 /2 each) by the owners of the two lots sharing the common driveway easement
area. Maintenance decisions shall be made by a unanimous vote of the two
Owners.
4.32.3 Perpetual. The provisions contained in this paragraph 4.32
shall be perpetual and shall run with each affected lot. These provisions of
paragraph 4.32 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)
the President of the Association; if the Association exists; and c) ACRD.
ARTICLE 5: DEVLIN PLACE NEIGHBORHOOD
ASSOCIATION, INC.
5.1 Organization of Devlin Place Neighborhood Association Inc Devlin
Place 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 nor 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:
DEVLIN PLACE SUBDIVISION CC&R'S Page 14 of 29
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 Member. 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 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
assets. The Association's powers include, but are not limited to, the following:
DEVLIN PLACE SUBDIVISION CC&R'S Page 15 of 29
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. Easements and Rights -of -Way; Cooperative
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
rights-of-way in, on or under the Common Area or in any
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 proper
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:
DEVLIN PLACE SUBDIVISION CC&R'S Page 16 of 29
5.6.1 Operation and Maintenance Operate, maintain, and
otherwise manage or provide for the operation, maintenance
and management of the Common Area, and, at the discretion
of the Board, provide for: a) 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
DEVLIN PLACE SUBDIVISION CC&R'S Page 17 of 29
interests of all Owners in connection with any insurance
proceeds paid to the Association under such policies, and
shall have full power to 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 reasonably 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 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 misconduct.
5.8. Budgets; Operating Statement; Balance Sheet; Inspection. Within
sixty (60) days after the close of each calender year, the Association shall cause
to be prepared and shall make available for inspection by any Owner; (1) a balance
sheet as of the last day of the Association's calender year; (2) an annual operating
statement reflecting the income and expenditures of the Association for its last
calender 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,
DEVLIN PLACE SUBDIVISION CC&R'S Page 18 of 29
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 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
across any part of Devlin Place 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 is as follows: Daniel A.
Wood, Dixie L. Wood and Timothy R. Wood.
In the event the Board fails to approve or disapprove such request within
thirty (30) days after such request has been submitted in writing, approval shall
not be required and this Article will be deemed to have been complied with.
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 members 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
DEVLIN PLACE SUBDIVISION CC&R'S Page 19 of 29
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 that 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 or 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 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 Devlin Place 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 for lots owned by
Declarant. 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 upon the property against
which each such Assessment or charge is made.
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 default on an owner's
federally insured mortgage.
DEVLIN PLACE SUBDIVISION CC&R'S Page 20 of 29
8.2 Regular 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 year 1998 is to be one hundred dollars
( $100) per year per lot. This initial assessment is due upon
sale of a lot from Grantor and shall be 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 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 aesthetically pleasing.
8.2.3 Computation of Regular Assessments. The Associatior
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
calender year shall be pro -rated as of the date of closing.
8.2.4 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 particular Owner for any given
calender year shall be computed by dividing the Association's
DEVLIN PLACE SUBDIVISION CC&R'S Page 21 of 29
total advance estimate of expenses by the total number of
Class A Building Lots in the Property (i.e, each Class A 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 to
the Association a special transfer assessment of Twenty -Five ($25.00) Dollars
which shall be used for general Association purposes.
8.3.2 Start-up Assessment: Upon the first sale of each building lot
in this subdivision from the Declarant, the Buyer shall pay to the Association at
closing an initial Association Start-up fee equal to one hundred ($100) Dollars to
be used for general Association purposes. This fee shall be a one time initial start-
up fee, and shall not be prorated for any time left in the calendar year. This start-
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 Short Fall Assessments. In the event that the Board
shall determine that its respective Regular Assessment for a given calendar year
is or will be short 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.
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 attorneys 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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 22 of 29
8.5 Notice and Assessment Due Date. Except for the Special Transfer
Assessment, the Start-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 thirty (30) days of the due date shall be assessed
an additional late charge of $100.00. 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 or 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 Riaht to Enforce; Attorneys 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 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
DEVLIN PLACE SUBDIVISION CC&R'S Page 23 of 29
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 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 attorneys 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
DEVLIN PLACE SUBDIVISION CC&R'S Page 24 of 29
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 for reputed Owner) thereof. 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 45-507; or
foreclosed by any other appropriate action in court. The Owner shall pay all of the
Association's attorneys 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, 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 attorneys 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
DEVLIN PLACE SUBDIVISION CC&R'S Page 25 of 29
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.
9.7 Rights of Mortgagees. 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. Any Mortgagee requesting in writing shall
be given notice of any default in the payment of Assessments for the lot the
subject of the mortgage.
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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 26 of 29
10.2 Utility 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 Meridian.
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 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
recording with the County Recorder of such amendment.
DEVLIN PLACE SUBDIVISION CC&R'S Page 27 of 29
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 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 and similar areas owned by Declarant into these
Declarations and to make these additional areas subject to the jurisdiction of these
CC&R'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
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.
DEVLIN PLACE SUBDIVISION CC&R'S Page 28 of 29
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 Devlin Place Neighborhood Association to enforce any of
these CC&R's. Neither Declarant, Board nor Devlin Place 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°"' da
Y of ����. , 19 9 8.
D. W. Inc. an Idaho Corporation
pp
By w\ Q
Title
STATE OF OF IDAHO,
( ss.
COUNTY OF ADA, )
On this:3''day of
19 Qt/before me, a notary public in and
for said State, personally appeared Daniel A. Wood, known or identified to me to
be the President of D.W. Inc. the corporation that executed the foregoing
instrument and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate ' e written.
PATTY I. CHUPP ota Public for Idaho
NOTARY PUBLIC x`r Residing i;9'1 t .( Ida o
STATE OF IDAHO My Commission Expires: SBad�
MY commission Expires 6-8-2004.
DEVLIN PLACE SUBDIVISION CC&R'S' Page 29 of 29
ineers Surveyors Planners
Project: 11298
Date: Updated: April 29, 1998
PARCEL DESCRIPTION FOR
DEVLIN PLACE SUBDIVISION
A parcel of land lying within the East 1/2 of the Southwest 114 of Section 2, T.3N.1 R. M,
B.M., Meridian, Ada County, Idaho, more particularly as follows:
Commencing at a found brass cap monumenting the Southwest corner of said Section 2;
thence Easterly along the Southerly boundary tine of said Section 21 South 881,38'31" East
1,326.75 feet to the Southwest comer of said East 1 /2 of the Southwest 1/4, said corner also being the
Southeast comer of Sunburst Subdivision No. 2 as shown on the official plat thereof in Book 60 of Plats
at page 5894 In the records of Ada County, Idaho;
thence leaving said section line along the Westerly boundary of said East 1/2 of the
Southwest 114 and Easterly boundary of said Sunburst Subdivision No. 2, North 00017'24" Gast 887.01
feet to a 2" Iron pipe, said point being the REAL POINT OF BEGINNING;
thence continuing along the Westerly boundary of said East 112 of the Southwest 114, said tine
also being the Easterly boundary of said Sunburst Subdivision No. 2 and the Easterly boundary of
Sunburst Subdivision No. 4 as shown on the official plat thereof In Book 62 of Plats at page 6217 in the
records of Ada County, Idaho, North 00017'24" East 1,257.14 feet to an Iron pin marking a non -tangent
curve to the left, said pin marking the Southeast comer of Lot 14 of Block 4 of Kentfield Manor
Subdivision as shown on the official plat thereof In Book 68 of Plats at page 6913 in the records of Ada
County, Idaho, said comer also being on the Northerly right of way line of West Chateau Drive;
thence along said curve a distance of 97.43 feet, said curve having an interior angle of
20040'2911, a radius of 270.00 feet and a long chord bearing of North 80°38'22" East 96.90 feet to a
point of tangent curve to the right, said point being monumented with an Iron pin;
thence along said curve a distance of 115.12 feet, said curve having an Interior angle of
1905946", a radius of 330.00 feet and a long chord bearing of North 8017'46" East 114.54 feet to an
Iron pin;
thence South 8904236" East 106.37 feet to an Iron pin;
thence North 88°34'15" East 100.00 feet to an iron pin monumenting the Southwest corner of
Lot 1 of Block 14 of Sunnybrook Farms Subdivision No. 4 as shown on the official plat thereof in Book 53
of Plats at page 4682 in the records of Ada County, Idaho, said comer also being on the Northerly
right -of -Way tine of West Chateau Drive;
�xtib�t A
rJ.-U•B,1
ineers Surveyors Planners
Parcel Description
Updated: April 29, 1998
Page 2
thence along a line parallel with the Westerly boundary of said East 112 of the Southwest 114,
said line also being the Westerly boundary of said Sunnybrook Farms Subdivision No. 4 and the Westerly
boundary of Sunnybrook Farms Subdivision No. 2 as shown on the official plat thereof in Book 46 of
Plats at page 3768 in the records of Ada County, Idaho, South 00017'24" West 1,296.26 feet to an Iron
pin;
thence leaving said Westerly boundary North 8904236" West 414.65 feet to the REAL POINT OF
BEGINNING.
Said described parcel containing 12.23 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
3260
GAL:thc Gary A. Lee, P. E.JL.S.
f:\projects\11296%admtn\1egats\ftnat reAsed.doc
NAMRA & MERIDIAN IRRIGATION DISTRIC"ET OF
L.� RECORDED - REGU
MA TES COPY J. Dnv,o u,v-.'ARF1,0 DEPUTY
DolsE7.IDAHO FEE
1998 AU-6 AM 8:55 93073398
AGREEMENT FOR PRESSURIZED URBAN IRRIGATION SYSTEM (PUTS)
WITH RESTRICTIVE COVENANTS RUNNING WITH THE LAND
WITNESSETH
In consideration of the covenants, promises and conditions contained
herein it is mutually understood and agreed as follows:
1. PARTIES:
1. Nampa & Meridian Irrigation District ("District") whose address is
1503 First Street South, Nampa, Idaho 83651.
2. D.D.& F., an Oregon General Partnership (hereinafter referred to as
"D:D.& F.") whose address is 501 SE Columbia Shores Blvd. Suite 300,
Vancouver, WA 98661.
3. D.W. Inc, an Idaho Corporation (hereinafter referred to as "D.W.
Inc."') whose address is 13141 W. Bluebonnet Court, Boise ID 83713.
2. PROPERTY SUBJECT TO THIS AGREEMENT: COVENANT RUNNING _
WITH THE LAND; OWNERS SEPARATE AGREEMENT: This Agreement
covers three parcels of property in Ada County, Idaho as follows:
2.1 Parcel 1. This parcel is 8.05 acres and is legally described in
Exhibit 1 attached. This parcel is planned by D.D.& F. to be developed as a
site for offices and/or assisted living facilities or the like.
PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 1 of 9
2.2 Parcel 2. This parcel is 12.23 acres and is legally described in
Exhibit 2 attached. This parcel is planned to be developed by D.W. Inc. as a
single family housing subdivision known as Devlin Place Subdivision.
2.3 Parcel 3. This parcel is 4.6 acres and is legally described in Exhibit
3 attached. This parcel is planned to be dedicated to the City of Meridian
and used as a public park.
All three parcels will utilize irrigation water from District through the
Pressurized Urban Irrigation System (hereinafter "PUTS) as set out in this
Agreement. Each owner of Parcels 1, 2 and 3 agrees to abide by and to be
bound by the terms of this Agreement.
This Agreement shall be a perpetual covenant running with the land
and shall become effective upon recording. In the event that any of the
legal descriptions of the properties hereto are altered from the legal
descriptions attached hereto the parties agree to amend this Agreement to
provide for the correct legal descriptions.
2.4 SEPARATE AGREEMENT AMONG OWNERS, PUMP STATION: It
is understood and agreed by the parties to this Agreement that the Owners
of Parcels 1, 2 and 3 intend to, or have entered into, a separate agreement
whereby they purport to agree that D. W. Inc. shall construct the pump
station and pressurized irrigation lines to the various properties. It is
PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 2 of 9
expressly understood and agreed by the parties hereto that District shall
have no responsibility, duty or obligation with regard to the Owners'
agreement as to the construction of the pump station or pressurized
irrigation lines to the subject properties.
3. PRESSURIZED URBAN IRRIGATION SYSTEM IPUISI: OWNERSHIP BY
DISTRICT: The Pressurized Urban Irrigation System (PUTS) is that system of
pumps, pipes, and other irrigation and water works constructed by the
owners of Parcels 1, 2 and 3 pursuant to a construction contract for the
purpose of supplying and distributing District's irrigation water to Parcels 1 ,
2 and 3. As set out in the Construction Agreement, the development of
Parcels 1, 2 and 3 shall occur separately. As the PUIS on each parcel is
developed, each owner shall transfer title to all portions of the PUIS system
on that parcel to District. The main pumping station for the PUIS will be
built on a separate lot in Devlin Place Subdivision and this lot shall be
deeded and transferred to District free of liens. The entire PUIS system shall
be owned and operated exclusively by District.
4. OPERATION AND MAINTENANCE BY DISTRICT: District shall,
pursuant to Idaho Code Section 43-330F, maintain, repair, operate and
replace the PUIS system.
5. ASSESSMENTS TO EACH LOT OR PARCEL: Parcels 1, 2 and 3 shall
PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 3 of 9
be assessed by District and each owner shall pay such assessment as
provided by Idaho Code 43-330 F.
Such assessment shall defray the cost and expenses of such
operation, maintenance, repair or replacement of the PUIS system. The pro -
rata share to be assessed to each property shall be on the ratio between the
acreage in that property and the total acreage in all properties served by the
PUTS.
6. DAMAGE TO PUTS SYSTEM: Any owner who causes any damage to
the PUIS system shall be responsible to reimburse District for the costs of
any repairs.
7. CROSS CONNECTS PROHIBITED: No owner, tenant or occupant of
any parcel or lot shall install any cross connections or tie-ins, or allow any
to exist on a parcel or a lot, between the PUTS system referred to in this
agreement and any other pipes, conduits or water systems whether such
other systems are carrying potable domestic water or carrying other used,
waste or irrigation water. The owner of any cross connects shall have full
liability and responsibility for any losses, injuries or damages caused by or
related to that cross connection. District, (or its designated agents) shall
have the right at any time to go onto any lot or parcel of the property
covered by this Agreement and remove any unapproved cross connections
PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 4 of 9
and an easement is specifically granted therefore. The cost of removal of
any unapproved cross connects shall be paid by the owner of the parcel or
lot where the unapproved cross connect was located.
8. SEASONAL WATER UNRELIABLE: NO LIABILITY: The area of the
country where these properties are located is desert. Irrigation water is not
always reliable. Irrigation water, or supplemental water under paragraph
8.1 may not be available due to drought, harsh weather conditions,
government actions or other causes. Neither the District nor the Owners of
the parcels, shall have any liability to any parcel or lot owner, tenant or any
others for any damages to, or loss of lawns, landscaping or the like caused
by the lack of water. Each owner accepts the risk of loss or damage due to
the shortage or lack of water.
8.1 SUPPLEMENTAL WATER: Supplemental water (water
provided before and after the regular irrigation season) to these properties
will be provided by the City of Meridian. All costs associated with
supplemental water shall be a cost of operation, maintenance, repair or
replacement. Each property will be assessed for supplemental water
regardless of whether or not water is actually used on the property or the
quantity of water used.
PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 5 of 9
following provisions are included in this Agreement as required by Idaho
Code § 43-3308.
A. The cost of construction of the irrigation system has
been, or shall be, paid in full by the Developer of each respective
parcel.
B. Any portion of the cost of construction that is not
paid upon completion of construction shall constitute a lien
against the parcel where the construction has occurred, securing
payment of the balance of the construction cost and payment of
interest on any deferred installments of the construction cost.
C. There are no annual payments anticipated to be
made by each parcel or lot owner on the deferred balance of the
construction costs.
D. Any annual installment payments shall be included in
the annual assessments levied by District against each parcel or
lot, and the levy and collection of those installments shall be, as
nearly as practicable, in accordance with the assessment, levy
and collection of other assessments levied upon lands in Nampa
& Meridian Irrigation District.
E. Any deferred annual installment payments of
principal and accrued interest, if any, may be prepaid in whole or
in part at any time without penalty, but any prepayment of
principal shall be not less than one-half of the amount of the
annual installment payment of. principal next coming due, but the
prepayment privilege authorized by this subparagraph shall not
be applicable where the construction costs have been financed
through a local improvement district.
F. If the pumping station and pipeline serving the
property described herein also serve other lands, the cost of the
pumping station and pipeline has been apportioned by District to
all lands which are planned to be served by the pumping station,
so that each acre of irrigable land to be served by the pumping
station will be assessed and required to pay the same amount.
PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 6 of 9
G. GRANT OF EASEMENT TO DISTRICT. District is hereby
granted an easement for the installation, operation, maintenance,
repair and replacement of those portions of the irrigation system
located on any portion of the parcels described herein. The
location of the easement shall be determined by the location of
the pipelines and other facilities, as finally installed, and the
width of the easement shall be five (5) feet on either side of the
centerline of each pipeline, for a total of ten (10) feet.
10. SUCCESSORS: This Agreement shall be binding upon, and inure
to the benefit of, the heirs, personal representatives, successors and assigns
of the parties hereto; and shall be binding upon all lot owners, tenants and
occupants of the lots in the subdivision.
11. PREPARATION FEES: Developer shall pay all of the District's
attorneys fees related to the preparation of this Agreement.
12. ATTORNEYS FEES: In the event of litigation over the terms of
this Agreement or the enforcement of any of the terms of this Agreement
the prevailing party shall be entitled to reasonable attorneys fees and costs.
Oregon
By
By_
Title
PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 7 of 9
D. W. Inc. an Idaho Corporation
NAMP ME N If RIS
By
h
^. ST.
STATE OF IDAHO, )
( ss.
COUNTY OF ADA, )
ION DISTRICT
Date:
On this day of 1 before me, a notary public
in and for said State, personally peared Dan Woods, known or identified to
me to be the President of D.W. I c'. the corporation that executed the ... ;
foregoing instrument and acknowledged to me that such corporation..*
executed the same.
• t1`ti11i111fIU1..,L,
jo �,•.
IN WITNESS WHEREOF, I have her nt set my hand a ,A.fixed,my, 1y�, ,
official seal, the day and year in this c tificate first above wtt a, q
�It0N
N Public or Idlaho�''% ..... ' �
es' ing in Boise, Idaho
...ul
Commission Expires:
PUIS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 8 of 9
STATE OF Ltl�*a4i-
( ss.
COUNTY OF(2G4,et )
On this/T_ day of 19 f�before me, a notary public
in and for said State, personal) appeared Fj�LLIp
known or identified to me to be
theMANA(,JAN( i�_of .D. & F. General Partnership, the partnership that
executed the forego in instrument and acknowledged to me that such
partnership executed the same.
...lu'o.11 I" ;,
�,;•,'1 �16'N 8S WHEREOF, I have hereunto set my hand and affixed my
cat,ab seafn�_day and year in this certificate first above written.
Notary Public
Residing in Bois,, o
My Commission Expires:
STATE OF IDAHO )
) ss:
County of Canyon )
On this sU day of 1998, before me, the undersigned, a
Not ry Public in and for said S to personally a peared
and �Q,GOn ,� known to me to
be the resident and Secretary, respectively, of NAMPA & MERIDIAN
IRRIGATION DISTRICT, the irrigation district that executed the foregoing
instrument and acknowledged to me that such irrigation district executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
gffi,cial seal, the day and year in this certificate first above written.
'k0
oTAk �'
Notary Public for da
i g Residing at ,Idaho
AUBLIG ro . My Commission Expires: /xogztea
�''• �E o F 1�.0•
PUTS AGREEMENT-DEVLIN PLACE SUBDIVISION ET AL Page 9 of 9
r"J•U-B�
Engineers Surveyors Planners
Project: 11311
Date: June 18 1997
PARCELI
LAND SITUATED IN ADA COUNTY
All that certain real property situated in Section 2, T.3N, R. iW., B.M. Ada County, Idaho,
described as follows:
A portion of the W 1/2 of the E1/2 of the SW 114 as shown on Record of Survey No. 3916 filed as
Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as follows:
Commencing at a found Brass Cap Monument marking the SW comer of Section 2 from which a
found Brass Cap Monument marking the 114 comer of Sections 2 and 1 i bears South 88°38'31" East,
2,653.49 feet;
Othence South 88°38'31" East, 1,326.75 feet to a set 518 -inch iron pin With cap stamped "G. A.
Lee, PE/LS 3260" marking the W 1 /16 corner and the Southeast corner of Sunburst Subdivision No. 2 as
filed in Book 60 of Plats, page 5894, Ada County Records;
thence along the West 1/16 line and East boundary line of said Sunburst Subdivision No. 2
I;-) North 00117'24" East, 45.00 feet to a set 5/8 -inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"
�� marking the Southwest corner of Parcel 1 on the North right -of -Way of West Cherry Lane and the REAL
POINT OF BEGINNING;
thence continuing along said West 1/16 line and East boundary line of Sunburst Subdivision No. 2
North 00017'24" East, 842.01 feet to a set 5/8 -inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"
marking the Northwest corner of said Parcel 1;
thence South 89042'36" East, 414.65 feet to a set 5/8 -inch from pin with cap stamped "G. A. Lee,
PEILS 3260" marking the Northeast comer of said Parcel 1, on the West boundary line of Sunny Brook
Farms No. 2 as filed in Book 46 of Plats, page 3768, Ada County Records;
thence along the West boundary line of said Sunny Brook Farms No. 2, South 00017'24" West,
'149.90 feet to a found 5/8 -inch iron pin with cap stamped "J -U-8" at the Southwest corner of said Sunny
Brook Farms No. 2;
thence along the West boundary line of Sunny Brook Farms No. 1 as filed Book 44 of Plats, page
3609 South 0017'24" West, 699.84 feet to a set 5/8 -inch iron pin with cap stamped "G. A. Lee, PE/LS
3260" marking the Southeast corner of said Parcel i on the North right-of-way of West Cherry Lane;
thence along the North right-of-way of West Cherry Lane North 88°38'31" West, 414.73 feet to the
Southwest comer of said Parcel 1 and the REAL POINT OF BEGINNING;
Said parcel contains 8.05 acres, more or less.
Engihtstt Surveyors Planners Parcel 1 June 18, 1997
Page 2
SUBJECT T0:
Atl existing easements and road rights-of-way of record or appearing on the above-described
parcel of land.
Prepared by:
J -U -B ENGINEERS, Inc.
GIST 1
26
�rF of VD
0
GAL:ckc Gary A. Lee, P.E./L.S.
(� F:\projects\11311\admin\parcell.doc
ny
ineers Surveyors Planners
r:
Project: 11298
Date: Updated: April 29, 1998
PARCEL DESCRIPTION FOR
DEVLIN PLACE SUBDIVISION
A parcel of land lying within the East 1 /2 of the Southwest 1 /4 of Section 2, T:3N., R. 1W.,
B.M., Meridian, Ada County, Idaho, more particularly as follows:
Commencing at a found brass cap monumenting the Southwest coiner of said Section 2;
1
thence Easterly along the Southerly boundary line of said Section 2, South 88°3831" Fast
1,326.75 feet to the Southwest comer of said East 1 /2 of the Southwest 114, said corner also being the
Southeast comer of Sunburst Subdivision No. 2 as shown on the official plat thereof in Book 60 of Plats
at page 5894 in the records of Ada County, Idaho;
thence leaving said section line along the Westerly boundary of said East 1 /2 of the
Southwest 1/4 and Easterly boundary of said Sunburst Subdivision No. 2, North 00°17'24" test 887.01
feet to a 2" iron pipe, said point being the REAL POINT OF BEGINNING;
thence continuing along the Westerly boundary of said East 1 /2 of the Southwest 114, said line
also being the Easterly boundary of said Sunburst Subdivision No. 2 and the Easterly boundary of
Sunburst Subdivision No. 4 as shown on the official plat thereof in Book 62 of Plats at page 6211 in the
records of Ada County, Idaho, North W17'24" East 10257.14 feet to an iron pin marking a non -tangent
curve to the left, said pin marking the Southeast comer of Lot 14 of Block 4 of Kentfield Manor
Subdivision as shown on the official plat thereof in Book 68 of Plats at page 6913 in the records of Ada
County, Idaho, said corner also being on the Northerly right of way line of West Chateau Drive;
thence along said curve a distance of 97.43 feet, said curve having an interior angle of
2004012911, a radius of 270.00 feet and a long chord bearing of North 80°3822" East 96.90 feet to a
point of tangent curve to the right, said point being monumented with an iron pin;
thence along said curve a distance of 115.12 feet, said curve having an interior angle of
1915916", a radius of 330.00 feet and a long chord bearing of North 80°17'4611 East 114.54 feet to an
Iran pin;
thence South 891,42'36" East 106.37 feet to an iron pin;
thence North 881,34'15" East 100.00 feet to an iron pin monumenting the Southwest comer of
Lot 1 of Block 14 of Sunnybrook Farms Subdivision No. 4 as shown on the bfficial plat thereof in Book 53
of Plats at page 4682 in the records of Ada County, Idaho, said comer also being on the Northerly
right -of -Way line of West Chateau Drive;
i�
Parcel Description
Updated. Aprtt 29, 1998
r 'ineers Surveyors Planners Page 2
thence along a line parallel With the Westerly boundary of said East 1 /2 of the Southwest 1140
said line also being the Westerly boundary of said Sunnybrook Fauns Subdivision No. 4 and the Westerly
boundary of Sunnybrook Farms Subdivision No. 2 as shown on the official plat thereof in gook 46 of
Plats at page 3768 In the records of Ada County, Idaho, South Wil'24" west 1,296.26 feet to an iron
pin;
thence leaving said Westerly boundary North 89042136" West 414.65 feet to the REAL POINT OF
BEGINNING.
Said described parcel containing 12.23 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
GAL:Ihc
f:\projects11129a1adminVegalsVInal revised.doc
Gary A. Lee, P.E./L.S.
era, Surveyors Planners
Project: 11311
Date: June 18, 1997
Revised: September 5, 1997
PARCEL 3
LAND SITUATED IN ADA COUNTY
All that certain real property situated in Section 2, T.3N, R.1W,, B.M. Ada County, Idaho,
described as follows:
A portion of the W 1/2 of the Ei /2 of the SW 114 as shown on Record of Survey No, 3916 fited as
Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as follows:
Commencing at a found Brass Cap Monument marking the SW corner of Section 2 from which a
found Brass Cap Monument marking the 114 comer of Sections 2 and 1 i bears South 88°38'31" East,
2,653.49 feet;
thence South 88°38'31" East 1,326.75 feet to a set 5/8 -Inch Iron pin with cap stamped "G. A. Lee,
PE/LS 3260", marking the W 1 /16 corner and the Southeast comer of Sunburst Subdivision No. 2 as filed in
Book 60 of Ptats, page 5894, Ada County Records;
thence along the West 1 /16 tine and East boundary line of said Sunburst Subdivision No. 2 and the
East boundary line of Sunburst Subdivision No. 4 as filed in Book 61 of Plats, page 6217, Ada County
Records, and the East boundary line of Kent field Manor as filed In Book 68 of plats, page 6913, Ada
D County Records, North 00°17'24" East, 2,144.15 feet to a found i /2 -inch iron pin with cap stamped
"LS 4931" on the North right-of-way of West Chateau Drive, marking the Southwest corner of Parcel 3 and
the REAL POINT OF BEGINNING;
thence continuing along said West 1 /16 line and said East boundary line of Kent Field Manor
North 001,17'24" East, 511.98 feet to a found 5/8 -inch iron pin with cap stamped "LS 4931" marking the
CW 1/16 comer and the Northwest corner of said Parcel 3;
thence along the 114 Section line South 89012'32" East, 414.67 feet to a set 5/8 -inch iron pin with
cap stamped "G. A. Lee, PE/LS 3260" marking the Northwest corner of Sunny Brook Farms No. 4 as filed
Book 53 of Plats, page 4682, Ada County Records, and the Northeast cornet of Parcel 3;
thence along the West boundary tine of said Sunny Brook Farms No. 4, South 00°17'24" West,
469.23 feet to found i /2 -inch iron pin with no cap on the North right-of-way of West Chateau Drive
marking the Southeast corner of said Parcel 3;
thence South 88°34'15" West, 100.00 feet to set 5/8 -Inch iron pin with cap stamped "G. A. Lee,
PE/LS 3260";
thence North 89042'36" West, 106.37 feet to a set 5/8 -Inch iron pin with cap stamped "G. A. Lee,
PE/LS 3260";
thence along a tangent curve to the left With delta 19059'16", radius 330.00 feet, tangent length
58.15 feet, arc length ti5.i2 feet and chord bearing South 80017146" West, 114.54 feet to a set 5/8 -inch
Iron pin with cap stamped "G. A. Lee, PE/LS 3260" and marking a point of reverse curvature;
Y l �j
Engineers $tity Planners
Parcel 3 '
June 18, 1997
Revised September 5, 1997
Page 2
thence along said reverse curve with delta 20°40'29", radius 270.00 feet, tangent length 49.25
feet, arc length 97.43 feet, and chord bearing South 80°38'23" West 96.90 feet to found i /2 -inch iron pin
with cap stamped "LS 4931" marking the Southwest corner of said Parcel 3 and REAL POINT OF BEGINNING;
Said parcel contains 4.60 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described
parcel of land.
C
O
p
GAL:ckc
/j F:\projects\11311\admin\Revised Parcel 3
Y
Prepared by:
J -U -B ENGINEERS, Inc.
Gary A. Lee, P.E./L.S.
3
RECORDt'D-RcQUEST05
•,�"`�` V '' ('., ,''' r l , . 1 FEE Q L (' I r _
" � Co�*`, ` r t'ar,xfrmIIsJ�4Tq4,R� 9 8 I I�� 9�`' 4 Iria� C4N 7
� DECLARATION OF
�� COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
DEVLIN PLACE SUBDIVISION
(Originally Recorded as Instrument No, 9810751 5)
THIS Correction of Errors in that original DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS for Devlin Place Subdivision is made by D.W.
Inc., an Idaho corporation, (hereinafter "Grantor") whose address is 13141 W.
Bluebonnet Ct. Boise, Idaho 83713.
1. Original Declaration. The Original Declaration of Covenants, Conditions and
Restrictions for Devlin Place Subdivision was recorded by Grantor in Ada County
on the 9th day of November, 1998 as Instrument No. 98107515.
2. Errata in Original Declaration. In the original Declaration there are typographical
errors in the designation of certain Lot and Block Numbers. These errors are noted
herein and are hereby corrected by Grantor as follows:
Page
3,
Section 3,8:
Lot
1
Block 1
should read
Lot 1
Block 2;
Lot
19
Block 1
should read
Lot 19
Block 2;
Lot
2
Block 1
should read
Lot 2
Block 2;
Page
8,
Section 4.22:
Lot
1
Block 1
should read
Lot 1
Block 2,
DATED THIS N1 day of 1998.
D. W. Inc, an Idaho Corporation
By
Title-
STATE OF IDAHO, }
( ss.
COUNTY OF ADA, }
On thistj�lday of 199e before me, a notary public in and
for said State, personally appeared Daniel A. Wood, known or identified to me to
be the President of D.W. Inc. the corporation that executed the foregoing
instrument and acknowledged to me that such corporation 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.
QZy� —
Notar ublic for Idaho
PUBLIC Residing inS1�1a vIdaho
NOTARY PUBLIC PATTY I. My Commission Expires: ac
�i �
STATE OF IDAHO
My Commission Expires 6-8-2004.
CITY OF MERIDIAN
PRELIMINARY SUBDVISION PLAT CHECKLIST
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED
APPLICATIONS MUST BE SUBMITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY
SCHEDULED P&Z MEETING.
ITEM DESCRIPTION COMMENTS/DATE
1. Pre -application subririttal meeting held
2. Thirty (30) copies of the completed and executed
written application form
3. Proof of current ownership of the real property
included in the preliminary plat and consent of
recorded owners
4. Name and address of party to receive billings/correspondence
5. Legal description of subdivision prepared and stamped
by Registered Land Surveyor
6. Thirty (30) copies of the preliminary plat
with dimensions of not less than 24" x 36",
drawn to a scale suitable to insure clarity of
all lines, dimensions and other data. Preliminary
plats shall include:
a. Proposed Subdivision Name
b. Drafting date
c. Sectional location of plat - County
d. North arrow
V
e. Scale of plat (not smaller than 1"=100')
`
f. Names, addresses and telephone numbers
of owner, subdivider or subdividers
and engineer, surveyor or planner who
prepared the preliminary plat;
g. Statement of intended use of the proposed
subdivision (i.e., residential single-family,
two-family and multiple housing, commercial,
industrial, recreational or agricultural)
h. Sites proposed for parks, playgrounds, schools,
churches or other public uses`<.
i=
i. Streets, street names, rights-of-way and roadway
widths, including adjoining streets or roadways;
�`
PRELIMINARY PLAT CHECKLIST
ITEM DESCRIPTION
j. Lot lines and blocks showing scaled dimensions
and numbers of each;
k. Legend of symbols
1. Minimum residential house size
m. Contour lines, shown at 5' intervals where land
slope is greater than 10% and at 2' intervals where
land slope is 10% or less, referenced to an
established benchmark, including location and elevation;
n. Any proposed or existing utilities, including, but
not limited to, storm and sanitary sewers,
irrigation laterals, ditches, drainage, bridges,
culverts, water mains, fire hydrants, streetlights,
pressurized irrigation and their respective profiles
o. Any dedications to the public and/or easements
together with a statement of location, dimensions
and purposes of such
p. Master street drainage plan including method of
disposal and approval from the affected drainage
district
q. Floodplain boundary as determined by FEMA or
measures to amend this boundary
r. Stub streets to provide access to adjacent
undeveloped land or existing roadways
(block lengths do not exceed 1,000')
s. Cul-de-sac lengths not in excess of 450'
7. A statement as to whether or not a variance will
be requested with respect to any provision of the
Ordinance describing the particular provision, the
variance requested, and the reason therefor
8. A statement of development features
9. A map of the entire area scheduled for development
if the proposed subdivision is a portion of a larger
holding intended for subsequent development
Page 2 of 3
COMMENTS/DATE
V
V,
V/
PRELIMINARY PLAT CHECKLIST
ITEM DESCRIPTION
10. Thirty (30) copies of a vicinity map showing
a minimum 1/2 -mile radius from exterior
boundaries of plat, including land use and
existing zoning of proposed subdivision and
adjacent land (scale optional)
11. Thirty (3 0) copies of a 1 "=300' scale map on 8 %2" x 11"
paper indicating all adjacent development and/or lots of
record within 300' of any boundary of the proposed
development, with the layout. of the proposed development
in bold outline.
Request list of property owners within 300' of property
seven (7) days prior to submitting application.
12. A statement of traffic impact on existing adjacent
roadways and intersections
13. Four (4) sets of conceptual engineering plans,
including respective profiles
14. Fee Paid - $300.00 + Lots @ $10.00/Lot
certified mailings @ $1.73/mailing x 2
15. Proposed restrictive covenants and/or deed restrictions
16. A site report for establishment of the highest seasonal
groundwater elevation
17. Other Information as Requested by Administrator,
City Engineer, Planning & Zoning Commission,
or City Council
Page 3 of 3
COMIVIENTS/DATE
REVIEW BY: Shari Stiles, Planning & Zoning Administrator,
Gary D. Smith, P.E., Chy Engineer
APPLICATION ACCEPTANCE DATE: 10 W V-4 - C) c)
�\,N
TO
City of Meridian
38E.Idaho St.
Meridian, ID 83642
�~
J -U-1 4GIN0ERS,loo.
25OS.Beechwood Avenue
Suite 201
Boise, Idaho 83709-0944
Telephone: 208/376-7330
FA}{: 208/323-9336
' LETTER OF TRANSMITTAL
DATE: 9/29/00
Project No. 11687
PROJECT NAME: Devlin Place #2
PROJECT MANAGER: Gary A. Lee, P.E./L.S.
Rezone & Preliminary Plat
GENTLEMEN:
VVaare sending you the following items: ZATTACHED 11UNDER SEPARATE COVER via
_____
[] SHOP DRAWINGS E) PLANS 171 PRINTS E] SAMPLES 1-1 SPECIFICATIONS
171 COPY OF LETTER F]CATALOG SHEETS F]CHANGE ORDER
COPIES
DATE or No.
DESCRIPTION
30
rezone and preliminary plat applications
30
blueline copies of the prelim plat
1
warranty deed / metes & bounds legal description soils& groundwater report
1
check for $1,107 #2242
THESE ARE TRANSMITTED ASCHECKED BELOW:
[IFOR APPROVAL ElA8REQUESTED
[] FOR YOUR USE FOR REVIEW AND COMMENT
1]FOR BIDS DUE .1905
FOR SIGNATURE
FIRETURNED FOR CORRECTIONS
nPRINTS RETURNED AFTER LOAN TOU8
IF ENCLOSURES ARE NOT AoNOTED, KINDLY NOTIFY US AT ONCE. J -U-13 ENGINEERS, Inc.
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