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HomeMy WebLinkAboutFindings\ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF ~" MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of .Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restriction Covenants recorded- nuary 7, 1993 as Instrumer-.t No. 49 1134 ecords of Ada County, Idaho (the "Declaration"), the u e gne~i have authority to remove and appoint an Architectural Cor~trol~Committee for ch Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are ,hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`~0277i 9 ~^~ ~~ ~~ ~rt~ QU{SE l') ,~~r (~ii~l 2d F~i'i r' l~ ~~ ,.. '_ ., ~~ Date ~ r- Date: -~~ -/ Y STATE OF IDAHO ) County of __~'!~/u!`~ ) Or_ this ~~ day of ~I ~L ~L~ 1994, before me, the undersigne ,, ~ tary Public in and or said State, personally appeared ~ known o identified to me to be the person whose e i subscribed to the. within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. u'u~' z~L~~`-~~-~1 NOTARY PUBLIC f r Idaho Residing at ~ ~°~ My commission expires: y STATE OF IDAHO ) )ss. County of ) On this~_y~' diay of ~, 1994, before me, the undersigned, a .Notary Public in and for said State, personally appeared i.~91f.~D A~t,4.~ Po~(,IE known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN officia written. WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certif' ate first above ,~~ , ~ -,: ~ ~~ - . ~ ~ •; . ... .,. . -~Q--~ NOTARY PUBLI for Ida o Residing at I My commission expires: • ! ~~~~~~o~~ ~;~ APPOINTMENT OF ARCHITECTURAL COMMITTEE .~"~J OF ~~,;®"' MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 ~~~ RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners"} own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration°), the undersigned. have authority to remove 'and appoint an Architectural Control•Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. ~~t02772U c~c~ ~,. QOISE lJ '9'j (~Fiil 28 fli~i ~ '~ __~ ~ ~~ - • o~-tie.c • c ~ ,' lie ~s~ n Y ~ ~~~ C.U.rol Ntc~er5at Date : ~ -! ~ ~ ~L~ Date : ~ - ~1 STATE OF IDAHO ) )ss. County of ) On this ~_ day of ~~~ 1994, before me, the undersig d a tart' Public in and for said State, personally appeared~~~ Q \~~0, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN officia written. WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certificate first above -•~ . ~ .: S TATS ~G`~~" II~A~{ O ) Courier •o'f. (inn/ o ~ ss . N T Y PUBLI fo Id o Residing at My commission expires: On this ~7~ day of _~~~ e.~ 1994, before me, the undersign a art' Public in and for said State, personally appeared ~fJ,eoL i~aS'6.2~ v,,/ known or identified to me to be the person whose- name is subscribed to the within instrument, and acknowledged: to me that he~3Fie~ executed the same . ~.: ~L ~ • ' ~~1'L`~tI"F'•TJESS WHEREOF, I have hereunto set my hand and affixed my of~~:c:^~~.I.~~;ea3, the day and year i his certificate first above wr.~tten. ~`~ • , ~~U7".`. car ,i ) r, w . i ~ ~ L~~ - .~ - - r t41 ,. M \,, , v; '' 'it~;;t~ll.,, PUBL~IC,,~pr /Xdaho siding at`~ commission expi es: 6' ~ r ~~~~~~~ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee: Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`f0 772 t. .. _v:ii~JC~ .i. ~rl Y E ~ i .~~ . ~ ~ ... ;t 17 BOISc IJ rEL~ ~~_a~;~, ~~ STATE_:OF .IDAHO ) 1~:~~~~~,~~~~ Date : ~Z° b • ~ 7, j ~~ Date • ~.c.,~ 37 /~~~ )ss. . `, ~~ ~}•.6h'•~, this. ~ day of ~,(~yUt,l.b2it.r.i 1994, before me the V , ,•,c-~iandq~signed,' aNotary Public in and for said State, personally _- .appeared: 1~r.~j'-~~ ~, fi~~rDeb' known or identified to me to be the ' ~ .'~,~pe~s.ori v~rhose. 'name is~ subscribed to the within instrument, and '-; acknov~J,.edged" to me that he/she executed the same . ~~ ~ `- ~ ~ ;~ `'~ ^`I1~T WITNESS WHEREOF, I have hereunto set my hand and affixed my ~~"'official.t seal the day and year in ,this certificate first above ., written:' ~'l/.~ ~~ STATE OF IDAHO ) /a~ jss. County of (~` NOTARY PUBLIC f r ,Idaho Residing at ~1~Y~1-~~ My commission expires : ~ ,zv u' 'On this ~ day of t~,~~ u~~u~~ 1994', before me, the undersign a Notary Public in and'for said State, personally appeared ,u_~%i~dQ L. rh~,~ mown or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. ~•••~~~~~N WITNESS WHEREOF, I have hereunto set my hand and affixed my' •~' ,•,of~ic:ial,, seal the day and year in this certificate first above wrt~t~eiY~ I, ,, ~ l . _ ~L~ NOTARY PUBLIC for. Idaho r-`::._I 0 Residing at ~Lt~,,..L~ l / •`-' ~- My commission expires : ~(v ,. 'n INDEXED ~ l~~~aoase:~~ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of .Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove 'and appoint an Architectural Ccntrol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may 'be executed in counterparts by each' Owner, and when so executed,-shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`~0 772 . Cl 4 r 1... _... .~ ] ~ ~ ~ BQ1SE IJ '9`t ~i~l 2G flfi ~ 1 mu F E E ------ ;., .. • • ~~ ~L~'C1~1 d ~- Date : ~ ~ .~ 7~ ~~ Date• STATE OF IDAHO } '- ) s s . ~Coux~.ty of _~,c~ ) y .. ~-,.~.,:, this a~ day of ~,t,~u-u.!/ 1994, before me, the _~ „-un~r's,igmed, a Notary Public in and for said State, personally . '' app~~red ~/FP„0,~. ~a/e7`"~ known or identified to me to be the . person; whose name is~ subscribed to the within instrument, and ~~ ~~'a`c',lcirovile~lged to me that he/she executed the same . .f .. ., '~ ~ ~~~ ~ - ~^~'TN WITNESS WHEREOF, I have hereunto set my hand and affixed my ' official seal the day and year in .this certificate first above written. ~~ . NOTARY .PUBLIC ~r ,Idaho Residing at My commission expires : .~ C STATE OF IDAHO ) )ss. County of ) 'On this day of 1994', before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires:- ~ INDEXED ~ APPOINTMENT OF ARCHITECTURAL OMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove -and appoint an Architectural Cor,.trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Celeste Vialet Dana Harper 2. This document may ~be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9~027~~?ww~3 9rl ~~.~-- r •,. BOISE i~) 9`1 r ~~, `~~ r~I'~ r 1 ~ _ FEE ------ ~~r,; GF ` .. v Lr~ -___ STATE OF IDAHO ) )ss. County of ) Date:_ Z / ze ~ ~y Date : _ ~ - a ~ - 9 4 On this .~.,~~ day of ~ 1994, before me, the undersigned, a Notary Public in and r said State, personally appeared Lc~_`' ~" known or identified to me to be the person ose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS ~ERE4~~, I have hereunto set my hand and affixed my official sea1~,.igEd~{j'~d year in this certificate first above written . ;~.` o •e•..•..,,~•~Ty. ; '• O T A 9~ • , • ~ _ 2 ,e • • ~~a ~®~ o -o s . V ~- _A G s STATE OF ~YD'AHO )ss. County of ~~ ) NOTARY PUBLIC or Idaho Residing at ~ , q,r.~ My commission expires:~~~~~5 On this ~ day of 1994, before me, the undersigned, a Notary Publi in and r said State, personally appeared x ~~R On~n~ !r`~4 ~ nown or identified to me to be the person whose na a is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOFr.~~"~a}~~1`re~reunto set my hand and affixed my official seal they ~da~.`'~ri ,,s~~,~,~~''~ this certificate first above written. ~ •.~• '• = • ~1 A,~ ,\ • ~ 0 • '1 • r. -,,yya s NrJ ~ ~ PUBLI for Idaho ', ~ n• GB L~~d£ng at , ~ Q,~Q ~ "'-,~,~T°^'••..• `'commission expires : '3~~~~ .,~e E ~ f `'~, ~~~~~,a. '6 ~~ a A. Each of the owners "Owners") own fee title to Meridian Subdivision No. 1 has been platted by the pla pages 6099 and 6100, records RECITALS: ~ 1~~~~~C~~~ ~:~ executing this agreement (hereinafter one or more lots in Maws Addition to (the "Subdivision"). The Subdivision t thereof filed in Book 61 of Plats at of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove ~ and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: Tim Orr Celeste Vialet Dana Harper 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee: 2. This document may' be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following agreement as of t~~ da~ ~~t forth after r , . , :: ,: . _. Qry~Ci.~ -~. .i~ J. ... . g(~iS~ i~~ FEE ~F ~.."--- ~ _ ~ OF Owners have executed this their respective names. ~ 77a ~ ~r~ Date Date: STATE OF IDAHO ) )ss. County of ~_ ) On this 3 day of ~yIGU.G1~ . 1994, before me, the undersigned a Notary Public in and for said State, personally appeared ~~'~° ~,~ ~Q~.Q known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. ir~tt~~.ARY •~ ~ -~- ~. pUBll~ ' ulq~OFIOP~~ STATE OF IDAHO ) )ss. County of _ _ ) ~i2~Lc~Z2~~-- NOTARY P LIC f ,r Fdaho Residin at My commission expires• - - On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. S WHEREOF, I have hereunto set my hand and affixed my the day and year in this certificate first above NOTARY PUBLIC for Idaho Residing at My commission expires: ~w APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Hook 61 of .Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may' be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`t027725 ~~ GUISE. ;:? ,9~} f~lfr~ L~ ~I'I 'i FEE ~_,.~ _ __ :.-. • I P,~' • Date : ,~ ~ ~" ~ Date: ,;,..~S~ATE OF ID 0 ) ti,J `Cotlrity ~'qf ) ;,. - '`";•1 ~' ~"On' 'this ~~ day of - 1994, before me, the `~~ iirldersi a Not_ y Public in and for said State, personally .: ~„ . ~'~-'~p~~are ~ > ~~'i known or identified to me to be the person'." ose n e is subscribed to the within instrument, and .:" ~ ~a;c}tudw ~ dged to me that he/she executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year i this certificate first above written. NOTARY PUBLIC f Idaho Residing at _ ~ ~ My commission expires: STATE OF IDAHO ) )ss. County of ) On this day of 1994, before me, the undersigned, a Notary Public in and for said•State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: .. • rr ~~ d ~ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of P]:ats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may' be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. i/`I• .~`J li i~~l Ei\ J. ,_ ..,,. ~,, BUlSE ! '~'f ~/~i~ C~3 011'1 '~ 1' l0 ~ a= % F ?~~~Z(~015 ~ ~ Date : ___~`~~ / ~. Date: STATE OF IDAHO ) )ss. County of QG~GC.~ ) On ~: this ~d v~ day of ~j'l~G~~ 1994, before me, the .undersigned;; a Notary Public in and for said State, personally ~. :~`appeared %piC,®C.-- //'Iyyt~^V S.e., known or identified to me to be the ::pers'c3ri~"'v~ti~w~e name is subscribed to the within instrument, and 'a~+ki~o~leclgec~,.• to me that he/she executed the same . • ~ CII~F, WITI~ES.S WHEREOF, I have hereunto set my hand and affixed my ~~ ~o~ficial }seal :the day and year in this certificate first above W~'1 t~t,P,1~ •1 C, ~~-,,;'~ ~' NOTARY UBLIC for daho " ' Residing at ..~ ~ , My commission expires : ~ 7 ~' STATE OF IDAHO ) )ss. County of ) On this day of 1994, before me, the undersigned, a Notary Public in and for said• State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: • ~ ~ . 1~:~~C~U~, iii APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 RECITALS : ~ ~~~ ~ ~x~~ A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Control"Committee for such Subdivision.' C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove. and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may"be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`f027727 ~ ~~' 801 ~ ~!~ ,J~ I'I~~11 L~ I~{ 1 r' •L FEF ~ ~__ .. . C~ • 'too... ~' ~ ~, Date : ~- a~ - ~"y Date: STATE OF IDAHO ) )ss. County of Ada ) On this 28th day of February 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Gs~ ~._ ~, known or identified to me to be the person whose name is sn~ scribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. - ~~~~: ~ - . NOTARY P IC for Idaho ~ ~ •~ ~ ,~~_ Residing at Boise ,~, .~ j . _ My commission expires : 3-2~+• ~-. 4~Y ?r •~ j ~~ -, U yl 4 ~, STATE OF IDAHO ) ~~%, '•'' ~• ~'• • •~' s s . ~.,, ,I . ; County of ~a ) On this 28th day of February 1994, before me, the undersigned, a Notary Public in and for said• State, personally appeared -Gail Lynn Mangum known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at Boise My commission expires: _. APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Control~Committee for such Subdivision. C. The conditions contained in the Declaration in ArticlF~ IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. g~t02 728 ~,~ .~ ''11 , ~~U BO{SF ,`-' LO Fill `' • ~`i ~~ ~d FEE ---~-- ~-~ - • ~~~ ~~ STATE OF IDAHO Date: Date: • ~~~n:~~~~U~~~3~ ss . County of ~~ ) On this ~~ day of ~.~~,~~ 1994, before me, the undersigned, ~tary~ 'c in and for said State, personally appeared ~~ "" ,~, known or identified to me to be the personsw o n ~s ~s dcribed to the within instrument, andv acknowledged to me at he/she executed the same. ;.' •;~. ,;,,,. IN WITNESS WHEREOF, I have h eunto set my hand and af~.~~e~;~m~i'• official seal the day and yea in this c rtificate ~ ••~ahov~,~ written. ~~ ~ ~ ~ J•. ~,• ~.. NOTARY P f ~: ~,„ . Residing at ~~' d My commission expires :~.2?'' .,/~,~ ti STATE OF IDAHO ) )ss. County of ) On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires:_ . ,~ • .. • • ~. ~~ APPOINTMENT OF ARCHITECTURAL COMMITTEE "~' OF MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 '~,,~ 1~.R~80a1~~33 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned have authority to remove and appoint an Architectural Cer~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. TN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`t027729 ~~- ~. '9'. ~il~! ~i3 f't !. ~,t'!', ,, ,~~J BOlS~ i~) ~s Date :/ ~ - a'~ _ ~ c~ Dater ~-a7-9 ~ ,~;:, 'ST~'~FV~Q~;,• IDAHO- ) ~' •'~oiinty ••of ~': ~~ ) ~ ~'~;: -1 • ` On •:th~s '' 7 da of / ~~ ~ Y ~ ,, 1994, before me, the ~: ~~.;:`~.unders~g~ecl, a Notary Pu}Zlic in and f said State, personally `• ~~~.~•:appeared;~~~ A ~ ~hzytivDso known or identified to me to be the T •• •~•';person,.. ~ivYiose name is bscribed to the within instrument, and • acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my writtenl seal the day and year in his certificate first above NOTARY PUBLIC f.®r Idaho Residing at __ ~~~ My commission expires: STATE OF IDAHO ) ss. County of y4-G(iG~• ) L On this ~_ day of ~~~~J~~~ 1994, before me, the -~~ undersigned, a Notary Public in and for said State, personally ~~~, ap~?~~,red_ , ~T~pr~1 known or identified to me to be the .•person,.W~ose name is subscribed to the within instrument and •• acknowl'ec~g~d to me that he/she executed the same. • ~ ~ ~• IN1"Tn1ITI~ESS WHEREOF, I have hereunto set my hand and affixed my off•ic~al seal the day and year in this certificate first above wri,tt,enG `' ~• ~ ~ •~ • NOTARY PUBLIC r Idaho ••~~~• Residing at ~~'~oU'L~l~ My commission expires: ~' .... i ~ j . _ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF ~~~ . ~~ MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7 ,1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee: Tim Orr Celeste Vialet Dana Harper 2. This document may be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`f0.27730 ~ ~~ ~. . ~,: -~ J. Uri~i; :ii, a,i10 BOISE l0 '9`f (-fl~i c8 Fi~l ::~ °~ - FrF • Date • ~ a STATE OF IDAHO ) ~~ •: ,~~ •.WITNES o`ffi'~.al seal wri t~ten . County of ~~.Gt~tJ ) .,~ ~ • ~~0~~~•,this ~7 day of ~ -~~ 1994 before me the ~'~~Zndersigrs~d a Not~ Public in and or said State, personally .'.app~'aredy= ~,~~ ~,~nSo n known or identified to me to be the ;person se ame is subscribed to the within instrument, and :~rackngwledged to me that he/she executed the same. • ': STATE OF IDAHO S WHEREOF, I have hereunto set my hand and affixed my the day and year in t i certificate first above County of )ss. Date: :~ NOTARY PUBLIC f r Idaho Residing at '~! My commission expires: On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: IND'~ED APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION N0. 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of ,Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and. appoint an Architectural Corltrol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee: Tim Orr Celeste Vialet Dana Harper 2. This document may ~be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`}0.2?73 ~ ~~.~, ..~'.~ ~ ~ -~ L A ' itiLii:~ii~il: ~~ :~-~ ~ '~:~it 601SE i) ~~:~~c~c~~,~~-~a ' 9`t (xlflfl 28 F1-1 n 3~~~b4:l~g,~8~ Date: ~ 2- Z 7- 9y Date : ~ _ ~~ -q ~ ,,5~'A~'~E„ OF IDAHO ) ,~ .. ~. ''''`,; '. ` ~, i.! .,''•., 9 /'Til-~t./ ) 4 ss. • ~ .. •eoiirit~ to ~ ) ., ••• ~` ~.'' 'd7ri: this ~_ day of ~.~~YLC~GiKi~G, 1994, before me, the • ;~uriS~~rsigned, a Notary Public in and or said State, personally ~= _~ • • agpe~~~d X~~Y~ I~L1~; s~~~\\ known o identified to me to be the '_.; ~:persgn••• whose name is subscribed to the within instrument, and •~••.~' ~~ackriowledged to me that he/she executed the same . . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in is certificate first above written. l NOTARY PUBLIC r Idaho Residing at My commission expires: l STATE OF IDAHO ) ss. County of ~ ) On this undersigned, a of appeared 'rq.. person w ose name acknowledged to me day of .2f'J~LG~GZ 1994, before me, the :ary Public in and or said State, personally I~te;S-i•,r'e~(,~ , known o identified to me to be the is subscribed to the within instrument, and that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in t is certificate first above written. NOTARY PUBLIC f r Idaho Residing at ~~ My commission expires: ~ i ~ ~ ' . ~ . ~~ ~~~ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that .certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned: have authority to remove and appoint an Architectural Control~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr ' Celeste Vialet Dana Harper 2. This d"ocument may"be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. G9 ~~ O L, ( ( ~. r /~~ e `,_. / .. BOISE 10 '9`f (rl~r'i~ ~i~l~~~ ~ i s 1698001590 ~~~ ~~ Date:_ a -a 7` ~ y Date: .; .._ . „~ :~ . •S;~P,TE bFy~r ID~.HO ) ,.` • ~ pn t~iis~ti. `ti-day of ~~br~y 1994, before me, the 'u~dersign~d~'''~:~.Notary Public in and for said State, personally " : ~ ~~ge~'ed y'~;c~,:2 y`~ w~_ known or identified to me to be the ,~person.`~rhose name is subscribed to the within instrument, and "; '.;ackn ~fl~dged to me that he/she executed the same . r, r "' •"'•~~IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , ~t~ NOT UBLIC f Idaho Residing at ~~ ~ .. My commission expires: ~ STATE OF IDAHO ) ss . County of ~S ) On this a 7 ~ day of ~-ehr~cir y 1994 , before me, the undersigned, a Notary Public in and for said•State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires:_ ~~~~x~~ 1~98001591~ APPOINTMENT OF ARCHITECTURAL COMMITTEE OF MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned have authority to remove and appoint an. Architectural Centrol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B . now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and .appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana Harper 2. This document may"be executed in counterparts by each' Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this agreement as of the day set forth after their respective names. 9`t0 7733 ~~~~ is '',i~0 . D~, T ~ , i;.~; t .. BOISE .D '9`t (~~/~ 2d F(~ a~ FFF 19800159:2 / ~/ Date: ~ -a~ -~y Date : ~ o?rJ - gy STATE OF IDAHO ) ~' ~-'..~~,~'. Ord t;hi's ~~_ day of ~~F~~ 1994, before me, the ~••~•unde~signed;:sa Notary Public in and for said State, personally -_ `;,'.'!~!~~.. ~a~peare.~ ,...~ ~ fl. err known or identified to me to be the • ~er5on;' whose' nan[e is subscribed to the within instrument, and ,.. .~•- '~~ ~~~ r ~ apc~c;n~wledgedcao me that he/she executed the same . """"•~• :IN~WITNESS WHEREOF, I have hereunto set my hand and affixed my .`offic'ial seal the day and year in this certificate first above written. 11 r„ NOTARY PUBLIC f r Residing at My commission exp STATE OF IDAHO ) )ss. County of ~~. ) On this 7wN day of ~r..$~Li,c~;zc.F 1994, before me, the undersigned, a Notary Public in and fbr said State, personally appeared ~~~2 -r. O ~_, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /\ ~~ NOTARY PUBLIC ~ak Residing at My commission expires: APPOINTMENT OF ARCHITECTURAL COMMITTEE ~~° OF ~~ MAWS ADDITION TO MERIDIAN SUBDIVISION NO 1 ~~ RECITALS: A. Each of the owners executing this agreement (hereinafter "Owners") own fee title to one or more lots in Maws Addition to Meridian Subdivision No. 1 (the "Subdivision"). The Subdivision has been platted by the plat thereof filed in Book 61 of Plats at pages 6099 and 6100, records of Ada County, Idaho. B. Pursuant to that certain Declaration of Protective Restrictions and Covenants recorded January 7, 1993 as Instrument No. 1499001134, records of Ada County, Idaho (the "Declaration"), the undersigned. have authority to remove and appoint an Architectural Cor~trol~Committee for such Subdivision. C. The conditions contained in the Declaration in Article IV, paragraph B. now authorize the recorded Owners of a majority of the lots in the Subdivision to remove, and appoint members of the Architectural Control Committee, and the undersigned constitute such a majority. NOW, THEREFORE: 1. The existing Architectural Control Committee and all members thereof including, in particular, but not limited to Steven C. Gregory, Ronald L. Crow, Benjamin S. Gregory, Cherie Olson, Becky Lay and Jeff Booth are hereby removed. The following persons are hereby appointed as members of the Architectural Control Committee Tim Orr Celeste Vialet Dana harper 2. This document may be executed in counterparts by each Owner, and when so executed, shall constitute one and a single document. IN WITNESS WHEREOF the following Owners have executed this. agreement-. as of the day set forth after their respective names. 9`f02773 G~~'`.~ . 3. ter-`;~:`~`, '.'.';'i,.:~tiCl 601SE iJ '9`~ (rliifi ~~~ Ri'i ~. 1 ~~ V V V Y ~~~~i ~~~ N Dater ~~~?j~4 Date: ,:STATE;•~OF,'-•IDAHO ) '' County of` ~ ss . ., .. . ..n ;, .••••..•'%p~r•• this. ~ day of 1994, before me, the :~,; •'• undebsigmed~~,~,~ ~ a Notary Public in and r said State, personally -.:~,••'~~pp~~red :=~, "/l/!Za ~~SG~ known or identified to me to be the ..~ : tw ;.i• person: w ose name is subscribed to the within instrument, and •~:~ r,~~.c}~~~wled'ged to me that he/she executed the same. ,;, o , . • • ,.ti~N WITNESS WHEREOF, I have hereunto set my hand and affixed my •••~ o~~icial seal the day and year in this certificate first above 'written. _ NOTARY PUBLIC or Idak Residing at My commission expires: STATE OF IDAHO ) )ss. County of ) On this day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: ~~ r ~~ ~~ 9`~A16997 F4~ST Afv9,~~1Lhy `i iTi_~ CO. .._ ~1h ~.. .,,, .'z .~. ;F,.~~tDER BOISE ID ~~t~30pp~~0 '9`fFEB2~Af~;10S2 ADDENDUM TO RESTRICTIVE COVENAN-~. ~_U~;'~~'~~ MAWS SUBDIVISLON NO. 1 & 2RECORDcil ;, ;;;~ 7~Q~~ST OF WE THEE ARCHITECTURAL COMMITTEE DO RESIGN AND APPOINT THE FOLLOWING HOMEOWNERS OF THE SUBDIVISION AS OR SUCCESSORS: (1) JEFF BOOTH 910 N. SCRIVNER MERIDIAN, ID 83642 (2) BECKY LAY 960 N. SCRIVNER MERIDIAN, ID 83642 (3) CHERIE ocsoN 951 N. SCRIVNER WAY MERIDIAN, ID 83642 ~- STEVEN G. GREGORY STATE OF IDAHO COUNTY OF ADA PHONE #: 887-6019 PHONE #: 887-7984 PHONE #: 888-0393 z -~-9~/ DATE ON this ~ t~ day f-~.hci~c.c~ 1994, before me, the Declarant, a Notary Public in and for §aid State. Personally appeared Steven G. Gregory, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledge to me that he executed the same. IN WITNESS WHEREOF, ~bfficial seal the ,~~~~ tte~ above . ~- ~,; -. `.~c l ~'• ~ ''. ~ r _ ,. `\` I have hereunto set my hand and affixed by day and year in this certificate first Notary Public for Idaho Residing at ~'~' Idaho My c~nmission expires: I~y-a~ ,~ RONALD L. CROW State of Idaho County of Ada ~~~ti~-''~3QOj:~3. a-c7- ~~ DATE ON this stn day r~Y~`lac~~y 1994, before me, the Declarant, a Notary Public in and for said State Personally appeared Ron L. Crow, known to me to be the person whose name is sub- scribed to the within and foregoing instrument, and acknow- ledged to me that he executed the same. IN WITNESS WHEREOF, official seal the written. above. :'' .GSA ;,.~~, ~~ ~ . ~ . , .~ ( ~ J ' ~ . 11.C .n,ni, ~~• ~ ~ .~ BENJAMIN S. State of Idaho County of Ada Notary Public f,~r Idaho Residing at &-;~' Idaho My c anmission expires:1_~~) i _.~~~ DATE ON this day 1994, before me, the Declarant, a Notary Public in and for aid State. Personally appeared Benjamin S. Gregory, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledge to me that he executed the same. IN WITNESS WHEREOF, official seal the written above. ,~~~ .., ~. =~ --...--~ x- ~~ ~.: , ,`,. I have hereunto set my hand and affixed by day and year in this certificate first I have hereunto set my hand and affixed by day and year in this certificate first Notary Public for I oho Residing at B~e~~~r'fdaho My commission expires:l`U~MO pgRT OF ORIGINAL T00 POOR TO COPY DECLARATION OF PROTECTIVE RESTRICTIONS a.~D C0~'E~ir1~V'TS MAWS ADDITIO` TO MERIDIAN SUBDIVISIOti N0. 2 DATED: RECORDED: T\e~-nrT-\.n\'T (! \'..~~ L _i „~~llt:_C:.l ~~ .~~J. .~.F"'ICLE I ~~5.3~~~2'7~ ICtiOt•; aLL `EN BI THESE PRESE\'TS: That `y'aws Ltd. Partnership, qualified to do busitless in the State of Idaho, do hereby certify that they are owners ofthe real property- as described below and it is their intention to include said real property i this subdivision plat: a parcel of land situated in the SE li4 of Section 7, T. 3ti', R.lE., B.".., ada County, Idaho also beitlg a portion of Lots 3 and 4 of Eastside addition to Meridian. more particularly described as follows: Commencing at the East 1;'4 corner of said Section 7, a _ point marked by a brass cap; thence along the East line of said Section 7 ~~ n OO' ., L -._~.i7 ~2Et tJ 3 NGitlt: t,letlCe a q~ ~1' ,_ ' i' 33.00 ie@t t~~ .3I1 3i'le.11n~1tI'i Cr3j~ :iUir~.ln~ the lnltla_ pJ1t1C, 531.d ~Olnt belt:;: ti7? lnltl~l i~lY:t of 1:%it^%S addlt~Jl1 ~i0. i 35 ~:n file iIl _~ ofrice of the rer_ordEr ft'r ada Count. Idaho: thence along the north boundary of said y'_aks addition \o. 1 S 89 21'S~" F. 1+0.01, feet to a point marked by a 5;'8" iron pin; thctlce continuing S `?!; 00'CC" ~•: 50.00 feet to a point marked by a 5'8" iron pin: thence continuing S v8 54' S'~" ;~: 83.55 feet to a point marked by a 5;'8" iron pin; thence continuing S 67 06'39' ti 100.08 feet to a poitlt marked by a 5,'8'~ iron pin: thence continuing S 89 21' S1" h 150.34 feet to the northwest corner of said i~'i~ws Addition No. 1, a point marked by a 5/8'~ iron pin; thence leaving the said north boundary :1 00 01'56" E 288.02 feet to a point on the north boundary of said Lot 3, a point marked by a 5/8~~ iron pin; thence along the north boundaries of said lots 3 and 4 ~' 89 21'S1'~ a 523.93 feet to the northeast corner said lot 4, a point marked by a 5i8" iron pin; thence along the east boundary of said lot =. S 0 00~0~~ k ?50.02 feet to the northeast corder of said A'!aws Addi- tiotl \o. 1, a point marked by a 5i8'~ iron pin; thence along the said north boundary of said ~'aws addition tio. 1 S 9C ~1'S~" 4' 8.00 feet to the initial point. _ ~3 `f 1 8 9 ~~ ~~~ r. .. ,. ~ - .. ~ r: J. 1'1~~•t 1 ~.,..,,., ~. RF~Oa~°=Z ~ ,~pr~~ ~v ' 93 JUN 1 Pfd- j 56 ~ Said Parcel Contains 3.18 acres 1~~~4~~~273 The public streets shown on this plat of ~?aws Addition tio. 2 are hereby dedicated to the public, and the easements indicated on said plat are not dedicated to the public, but the-right to use said easements is hereby reserved for public utilities and for an> other uses 35 desia~iated " hereon, and no permanent structures are to be eredtec within the lines of sari easements. All of the lots will be eligible to recei~-~ water services, from the city of ?'eridian and that the City of ~?eridian has agreed in writing to service all of the lots in this subdivision. Ada County, Idaho, according to the official plat hereof oti file in the office of the County Recorder of Ada County, State of Idaho. N04+ THEREFORE, the Declarent hereby declares that these protective restric- tions and covenants shall run with the land described her~ii~ and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof, for a period of thirtt (30) years fr,:~n the recorded date of these Covenants at which time said Protective Restric- t10I1S and Co~-enants shall be automatically eitended f_~. successi~.-e period_ ~~~ tell ( l~i) ~ ears ilnleSS C}"iC ptiIlerS Of legal Cltle t0 t1Vt less than two-thirds (2:'3) of the platted residence tracts of platted lots b~-.an instrum~•nt ~_ instruments in writing, dull signed and acknowledged b5• then shall then terminate or amend said Protective Restrictions and Covenants -and such termination or amendment shall become effective upon filing of such instrume„~ or instruments for record in the office of the Recorder of :~da County-. Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the ?ro*_tcti.e Restrictions and Covenants ace set forth and all amendments herein. ARTICLE II A'~4EDID^~.'~1TS BY DECLAREh'T. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Declarent by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. B~' 4w~'ERS. amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (?'3) vote of the lot owners. PROVIDED HOhEVER, such amendments provided for herein shall be first subject to the approval of Federal Housing administration and; or the Veterans Administration. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or instruments in the office of the Comity Recorder of Ada County, Idaho. ARTICLE III P.;no~~.... ~•,•c 1°~TRTrr~rl~•~c 1553~~~.2'72 A. BI;ILDI`G RESTRICTIO;~'S. All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed b~- current applicable zoning regulations and no structure shall be erected upor. building site therein other than one detached single family dwelling with none of the dwelling erected to exceed two (Z) stocies in height. B. TYPE OF BUILDING. All buildings shall be of frame, stone or brick and shale be maintained in a good state of rep.sir and if other than brick or st~;::e shall be finished and painted and such finish to be kept in good repair. Said property- shall be used in such manner as to be i::offensiv? to an-- other property owner thereof. Architectural Asphalt shingles or wood shakes. The roof pitch for all buildings shall be five-twelve (5.'1?) pi*_ch or greater. C. uItiI~!UM BGILDING SIZE. Any residential building erected upon said property shall have a floor area required under provisions set b~- the Archi- tect::ral Control Committee and the Gity of ~?eridian. All dwelling units m~~s= be constructed with a minimum two (Z) car attached garage. As per desienati=~: on the plat of yaws .addition to the City of `'eridiar_ *_he following codes ar-: IOo .~. 1000 to IOQ9 Square Feet ?Oa B. 1100 to Ii~9 Square Feet 40o C. 1'_'00 to 1?99 Square Feet 30 a D. 1300 L'p Square : eet D. Bi;ILDING LOCATIOti. No dwelling unit or other structure (e-:lusi-.~_ cf fences and similar structures) shall be placed nearer to the buildi:i~ lot lines than permitted by the plat for the propert-~ or applicable zoning laws. The subdivision is located in an R- zone with the s«-tbacks in accordance wi::~ the City of Meridian. In no event is any building to be located with setbacks in violation of Cit:~ of ~'eridian zoning regulations in effect at tha time of the recording of theca documents. All foundation shall be of a height to assure and provide for proper slope and drainage from all lots. E. PROSECUTION OF CONSTRUCTION WORK. The construction of each dwelling and associated structures shall be prosecuted diligently and continously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to eternal appearance including finish painting, with three (3) months from the date of commencement of construction unless prevented by causes beyond the control c_` the owner or builder and only for such time as that cause continual. F. `'OCI\G OF BCILDI'~G. Construction of outbuildings -- `o buildings or structures shall be moved onto said real property or buildici~ site except a new fabricated structure of a type and design approved by the Architectural Control Committee as established herein. Further provided, that a new fabricated building or structure shall have a HL'"-F?i1 structural eng_t;eerir bulletin issued and in current existence. ~o trailer houses or mobile homes shall be parked in any street or within building setback lilies. `o mobile home. basement, tent. shack. garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently, nor shall any- residence of a temporar}- character be permitted. ~ ~sssoo~~~~ G. BILLBOARDS-SIGtiS. do signs of any kind shall be displayed to the public clew on any residential builc'.iag site e:~cept one professional sign of not mo:: than five (5) square feet advertising the property for sale or rent, or sig-_ used by a builder or the Declaraclt to advertise tre property during the construction and sales period. 1'7\ ^ TT ~ T C: \ C -..ter - F t'+-r,•~..-r~.- '~r H . _'I'•~~ .~"" ,IF._..~ ~~G OP..:?_~TIO_+., . _ troll _ - •• _ rr'~. _ -. _ .n~- lot sh•sll be usad for the Nurpose of minin; quarrying. d: illinr;, boring or exploring for or removing hater, oil, gas or other hydrocarbons. miner:ls. rocks, stolles, gravel, earth or stream. I. EXCA~ATIO~. DEFACItiG OF L ~tiDSCAPE. do eecavation for stone, sand, gravel, earth, or minerals shall be m;?•'~ upon. a building site unless such eSC3~'.: tl~%:: 15 necessary ltl Cl~iltlel_tlOtl »ltil thy? ?rt'ctiOil Of ~I1 :Tpro~'ed strul:ture therTecr~~. 11 _ _ b 1: _ :: :., 3 jll..: J. ~LrT•CF ^I.J i,V ~_1L - •Srrr^ •.L _Tr~fLl'^_. _ J ~I~t ~''..tl~ F? 1 \.-.,~ 1 ~t'iil .`. ~rOUll~j f0: rub _~ - "StJru'? ;ii~•? f%r u~li:~l_l~ OI OCiI'_*_' '^3L-..._?.i:i. c_~n or .~ a trash. garbag? . ashes :a:l:: ot`:?: • ..-- = - =_`us~_. _ _.h mat?r_als ~1-,all be k.-= _ ;~Cl~ ill _•l__•i.~ _ _•atl~t3~', _...=. _.:__ ~ _.._ _..:ii~ ..- _ _ - -.;~ '+~il. :~1i::= _~~ -'r otherhis? iisposrd of u~.>n t.. _~._ ?s,..__. .ill _.._1:;_~ra__~s =_ _~.;Fr _` _ _ ~,~ ?I~uipment fOr ti:e Story^~' O1 i_Y~JS1_~_._ _ `1_C'? ma°_~'rli: _~i_t__ _ _.tt~t lil l'i?aIl and sanitar. COI1d1t1U21 ~~ith Sup i ~ater2dl "?uill~ periodicall- ~15n+75e/] :_ as required b3 appropriate local heals` authorities. h. FECES -HEDGES. do fet:ce, wal_. !:edge or shrub planting which obstruc__ Sl~Ilt ;ltl?S dt ele~-ation betl:een i and a fact aboya rOadway9 shah ~~ ~7i;a1:?G Gr permitted t0 remain Oil any CO1:'Iler iOC '.~1t1'llll tr12 irlailoular 3'.'ea formed ~•"~ t:'ie street property line and .a line connecting them at points _~ feet from t`.= intersection of tree street property litres extended. The same sight line limitatiolls shall appl~° on any lot c:ithin tetl (10) feet from the intersection of a street property Line with edge of a drivewa5- or alley pavement. ~o trees shall be permitted to remain with such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. v'o fences, wall, hedge, o. shrub planting which obstructs view shall be placed nearer to front lot line than twenty (20) feet nor to street side ward of fi_`teen (1~) feet. but is nc case closer to street than building setback line. Fences or walls shall be constructed of new materials and shall be of same qualit:~, material and desi~-: as existing subdivison perimeter fencing. No fence shall be greater than sip (6) feet in height above finished graded surface of the ground upon which such fence, wall, hedge or shrub planting is situated. do fences permitted in Block 1 with the exception of partial screening or privacy fencing. Screeni~= or privacy fencing must be appro~•ed in +~rit ins b~' the :architectural Control Coairnittee prior to COtlStruCC1_;l. L. L,~.\'DSC:~?I~G. kithin thrity (30) days after the completion of construc- tion of the building on a building lot (unless such time is extended by the architectural Committee for good cause), the Grantee of such lot shall insta_: the landscaping provided for in the platy and specification. Plans and gpeClflCa~_~ll 3t=+;_ =1. b~- t:=a _~r~::li-r'--;r_ r:•'i1I17:C`_?? mivst i_lcl~,'_- pro~•i510::: • i 1~S~G~~~~4 which allow for tha following for all lots: 1. Sod for front and side yards of corner lots 2 Sod for front yards of interior lots 3 . :111 front yards to have at least otle (1) appr~ ~v?d tree having a diameter of at least two (2) inches. i.Ri::r1Rg =JilStr'1CtiJ[1 C. `le dWel!1!?? •1I11L. t~7?re ;,i73i' Ali' install-'. i:: the fror._ ~-ard within ten (1C' ~ feet of the `rout b.:'1n~'dr" l_:1~ , i lOtO~ciiS:tl ~ e 7v 1!? ~ 1.~-'+t ~'--`~'-~:7e`= to swig`: on automatica~ly at sunsat and off •st sunrise ::ith a ~:inia:um bulb power of 6C watts. A grantee shall maintain the landscaping on his building lot in a neat and attractive conditio-7. including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. ~' 3~I~_aLS. `o at11~T.a1S, livestock or poultry of anv ki:7d shall bc~ rai.ed. bred or kept on ar.-. ~_t, e:tcept that dogs. cats or other housel-::~l~i pets ~:s~- '_ _ kep- provided. thst t!7cv ara not kept, bred. or maintained f~_r any commerci=: purpose and provi'cd that the keeper of such pets complies with ll cite ,r._- t'• laws r'11~= a:-,~: r?_ -~.~tiGi'.5. ~ii do°S and Cates GI other ~lOliS?S1Gld Y-_~ tOi:Ii . - kent Gn thes? prt_~~Se_ Sh ill ~~~ ~;r;,.,«;,•1.- t~,j ::.:1~'~ ~~al'~_' `•_,r '...a ~.,-'._i _: _~-_- - _ fente~ sr -' . ~~ t . :-,r no, '>~ _resp-ss ~~ac:. the u•_ . o` the pr..p-:r=- Utz ~"_7Lr5. riVc:~ _..yll il.t C:L 3iiQS:•_. -~.:1 -' - _ '"" "_ - a bulldlIl$ lot ma.~ ee? ;':care than two (? ) domesticata~'. p?ts on a building is _ . _:o dog runs or kernels sh•s:l ue permitt?d _~ ,.~•_ r._pt :r t ~ within fi':e :~ feet of the property lire of any- lot, or within five (~) feet of a setback ll:lt? whet? applLc.a~le. ~O~ r11I1~ ~:.r kellEl'd~: _~.aLl '~I11j- ~- `-_'rTClltt°_:~ t0 ~"_' placed and maintained to the rear of dwellings and in no e•:ent shall such structures be ~•i~:`•l-_ _`r<~m tie street. ~. SEtiaGE DISPOSAL S~STE`'S, ti~TER :1`:D C'':.iTIES. `:c individual sewage disposal system wall be used and each Grantee shall hook on to the City of "_eridian Sewer System and pa;- all charges assessed therefor. including the monthly sewer charge to be paid after connecting to the City of Meridian public sewer system, according to the ordinaces and laws of City of '."_eridian and~or Ada County. Grantee shall submit to inspection by either the Depart- ment of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. x111 lots shall use water provided by the City of Meridian, no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established'by applicable utility entit- connecting thereto. The Declarent owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing ar= r~_piacing the se~:er services and,'or public water connection lines which =-•-vice t'ne Oc.;ller S d::ellin€ unit on the lot. ~I1~- u*_li1tV easement whit!-. e_~ists for the beI_efit of the owners of am lot within this develoument shat- be accessible for repair 'replacement of said utility line lying within the easement. _1ll '_tilit__s s?r•:_.as .:;hsl'_ be un~'erground. including without lilIl,t.:.- t14:1. CeiephOile. cieC__-__t'• dad C•3ble tcl?L"1i0I:. s ~~~~®~~2~5 0. ~'TE.~'tiAE. ho television antennae, satellite rece~•e~s cr radio aerials shall be installed or allowed to remain on the property- ot`>er than the interior of a unit. P. ~0 L~SCREEvED VEHICLES BO:~TS C~.`"FE?S OTHER ~c'r'ICLES ~`'D OTHER TTE``S. ~~O lln5i.°_,htlltlt'SS Si"iall be pPrmitte•~ on a::-• : - ` _~r _ ~-_ ^ ar?d . ~' iti:~:'1t limiting the generality of the foregoir.; al: cr:si~•`:`_- f._.l-~-a>. e~~uipmer:` OC Strl1CC.+1'~?5 shall bt: tiY:lOSeu -~`ii1S1 -*'~.-'= -~~'----re- Or 3L~~_'~Nrt:3`:•_ screened from view. Trailers, mo'?ile hc~_s. boats. tract:__. than automobile campers, snow removal ec_:pme::*_. ~:lt =sr`s• ==='de-1 :_~r maintenace equipment shall at alI times, ~:+cept when ir. actual use, be kept i:-: an enclosed structure or screettad from view. Refuse, garta~ and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be kept within an enclosed structure or appropriately s=ra~::ed from ~:iew. Service areas, storage piles, compost p~las and fac~_:ties for hanging. dr~-in or airing clot:zit:g or household fabrics =:,a_'_ b? ar~._-:~-i=te1_ _ :~ _•'_t:`_d from view. :~o lumber, grass, shrubs or tree _lipings Or n_:st= Gr r?`use ot: tr.asc Sr111 be kept. St01'ed or allotted t0 aCCj.___a__ .n a:::.- _- _ -- ~=i~::=.. ':C?7. Q. LIGHTS SOL'\"D - GENERAL. ~o light s~all be emit__~ L_om .a::-- lot t;:th:n tree prop = nrca whl~h :__ht is illlrea= .:':3~ _ br ,- ~>r C3I_~ ert~ or i~o:Ti common '~ •' unreasonsule .--loLt~. w0 SJUP•i 5}:ali ~~L _~:__~ fr:r:. _-, --` -- '---is+'t'c -e r'r:~ .;~.'_--. 1 u,areasona`_~1~ 'oud or a.;n0~-ln~ '-:j ::O O~~Or= =--_~- ~~c elIat~t"~ u11 at?~~ pL'GPertt rl1~Ci1 31'e llO:ilOUS Jr Offen5l'"'' - '!t:;rte'. R. Z01I\G CO''PLIa.~'CE. Each owner shall compl ~- wit:. all applicable zoning. fire and public health and safety codes and ordinances applicably to the owner's building lot. aRTI":.= I ;. ARCHITECTLT~~L GO`.~OL CG"'`:I'_'~E= a. MEMBERS OF THE CON~'!ITTEE. The Architectural Committee. sometimes referred to as the ~~Committee~~. shall consist of three (3; members. The following persons are hereby designated as the is::tial members of the Committee: Steven G. Gregor Ronald L. Crow Benjamin S. Gregory Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appoint~~d. as provided herein. B. RIGHT OF :~PPOI`'T~~"'T A~~'D RE~'.O~AL. =.t anc time Dec'arent is t; e owner of at least ten percent (l00) of the lots, ~eclarent shall `a-:e the right to appoint and remo~•e all members of the Committee. Tha__>ft~_ • th? tiiell recur: o:;Hers o` a ma joritz- of the lots shall have the potter through a dui,- recorde~~ written instrument to appoint and remove all members of the Committee. in tl:c event of the death or resignation of a member of said Coazaittee a representa- tive will be appointed to fill the vacancy.. The powers and duties of such G~mmittee or of i*_s designated representative shall close after all lots have ,,: .-- L_•-~ '-~~a_Z r~~[':Meted. been suit! and the building(s) described _n Ar_ic~_ _-- -•- - - ~ ~ ~ss~®o~z~~ Thereafter the appr~~val describes itl this co~•etlatlt shall ullle~s prior to said date and eff?ctive thereof a written executed by the then recorded owners of a majority of the subdivision and duly recorded appointing a representative who shall thereafter exercise the same powers previously Committee. not be required instrurne!lt shall be lots in this or represatltati•: es exercised by sai~ _~ \either the Committee nor 31]`: `.emC?r Cherc_~f aor its '-'-:1': au'-:'_~'-'1=__ Committee Representati~•e sha1~ ~~ iiabl_ t~ all. ~:~ or 'ama,e or injury arising out of .. i:l •~nz- wav conne~~ted wit.`: ,_:-:2 perf:~L'":._.-: of the Corttnlittee~s duties hereunder u:-:iess due to t?-~e willful miscondu~t c. bad faith of the Committee. do member of such Committee nor its desir~nated representatives shall be entitled to any compensatiotl for services performed pursuant to this covenant. r, RE~'IE~~ OF PROPOSED GONSTRCCTIO`:. Vo buildings shall be erected, nlaced or altered on am building let in this subdlvlslon uetll the building p1aI15. $~C[ ~f1Cat1iV115 -:,lld t;:_ pat plans 5:1'x::111;? ~he 1'~l':]ti~,R Of :'_: -`+ ~''1_~ __::.. -~- '- - - t r! ~. i~l't~ c 5.-i': is ~ f?S - tV j~O;~r -.~.. ha~'a been approved as to locat icn _ _ ^e 1 _itlo ~ 2 - ^'~ . y~rOr~e1't~ lln?S 3tld E:nlsh or011I1d V_'•• :i:l :.. ~-'= t~i:- _ _.._'._ _~~''~ _ -.: _ ..._.._ _ _ 5ha'__ review and approve OI d15.3~C_._._ d~•_ Tai?i.~ `__.:~ii_te~~ -- -- ~ - ..` ~ro~sed 11TlprO~elnent, 3it21'_]Civt. ~_ ;'~i~_:~Il .~ti `''.. ~:---- __ -'-- -,_=-• t _ _ co1~I' c -'_rT•: : ? -.%"iC ~ f _.._'~~ic_ i[..+ u:;? = . ~ i : ~ = -..1•_ aestllatic consideration of - -- ••-- • --- - • L ~ ~ , r _ J:i:~~1.1i f:';lt~ir =:5 a!ii~`he 06ti':i_. ...__ ~ - -". ,_a _ .: the immediate vicinity and the ~.=•~: =- =_~ °. en°ra' =: _nc the - t.... ' ":"~'` "" ~''•~ .equ~rements set forth herein. =_~t~ri.;r^colors~sh•:t:'_ be a_~:-r.~i ~:- -:'r= -':=~~-. `o. Green. blue, red, pink, yelloe; ~~= puLple COlv_5 S~'iaii `' =-!'~~~2d =•- esterior walls . Fronts of each horr.c- to ha~-e at least two ,'" ~=orae_-s ;~ f ie~-i~::ia~, brick, stone or stucco. The Committee shall nc*_ b~ respocl_i~•'e fc: - nOr shall 1tS approval of ally pi•in ~~~-'S1o!1 b" de°-lried dpF'L'Ot';3. ~~f all"~ Y~3I: _~ design from the standpoint of structural safety of confcrmatlce with builaifl°,' or other codes. The Committee may act with a simple majority present t: fulfill it's duties and powers. The Committee shall have full power to approve or disap- prove such designs or locatiotl within thirt:- (30) days after such plans and specifications have been submitted to it or in the even that no suit to enjoin the erection of such building or the making of such alterations has been cottnnenced prior to the completion therof such approval will not be deemed approval of any plan or design from the st:atldpoint ~ structural safety or conformance with building or other codes. ARTICLE ~' VACATIOtiS RELOCATIO\'S E_~SE`'E~"PS The Declarent owners further reserve to thems:l~-=:. t?12ir liC2t15ee~. . ltCCe~SOrS alld aSSl~P.~ r the rl°i.t 3lld pOe~eL' t- ~ 3'::..- - .i~il ~-.- ~ _.7 ~~- - - - ~ r~1 _- new streets by instrument filed ~f .'?cord , any street ._;_ a' _ a i~:!-,~ : ~_ 'aE Declarent owner owns each of the parcels e~'lich are ad Jsc_nt t,~ the street bot:. vacated and relocated on the nee: ar.d old right-of-war and pro~-ide an adecuate roadway in place of any vacated. Provided. nevertheless , ':.+C3tlU;1 3Ild ~ .. relocation, easements, right-of-Hays and street= alloe:ed hereunder sh:1'_1 -- made in accordance ~:ith the min_T,u:,: ~`_•=.Ild-~r~::: -- ---- --'-~~` - -'• - "'- ~ ~ ~~~~Q~~~~~ County and City of `:eridian, Idaho Iat-s and ~~r''-~I13tlces •311 re~uia`_~_'r.s thereunder in relation to platting in effect at the timf_ ~f t::•: ~=:~clstructior of improvements . .This provision shall trot be deemed to include aIl° prov~s:;~ =~ of statute giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are tratls- f?reed to the Declarant ~_.~~r:ei-s ~er~_uil~~?r. hhere an:- restrictioi.~, easamer.~ or de~ication herein ~-ar~ from tn. recuir=- ments Of the Subdl~'1SlOt1 Or Ot`.?C Vc~1;1.3iU.F3?.i Cr t~7~? Clt" ~r _ :~U'lt° h.=~ Ln jurisdiction and the requireme^ts o` t:= c=`.' o. count:- ordil.ail:?s relat_== =- subdivision are more restrictive, sai:'_ more L'e~trlCtt've requirements silal~ ~~ deemed to be a part hereof as if set forth herein as par` of these Restricti:~ Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required b~ such ordinances but not set forth herein. ~'IOL~TIO~S OR ~TTE`~'FT TO ~'IOL~^_'E REST^I'.:"'~~~'= That should an~~ Gra:ltee violate or atte~apc to Violate an-: of _:._ , _':~isions -- these :~rotdL__ '~ ReJtri:tlVnS a:.~ COQ'°I13:.`_`_ .+i_, _ -~:L ~._= ._ ~~ ~ 'CC-i15 .._. and' rea: pr~.~.e_ _ _'__~ce' i:. t-_e :~__ ~ '~ _ - . - - ~- - --_- •'_- _ S~J JL' tv rtCi,•72r l~~.i~.1a=.__ i~.._t.i_._7~ _ ---•--.. - -_. _:. ~--~~--•-' lil'. JHrI'_~r. .' -•'1._ ,i;"il'.r OL .3I1~' i_~.:~_.1 ..__~--. - _--- --- -- 't -'1-' propert_-, shall hay'? th? right to en`crce . b-- s prc~'~=:''• _ --` _ :- .. _:-: e+lUlt' al. rc'jt:__~lOll..,, i:rilult_OnS. CO~'eI1311t5, :e_`,~_~':o`_~_:i= ---~'-- :~=•~ -L ~•. _ ^"i ' :.mat i:•il. charges now or hereafter impose ~~' t`.~ r~ro'~'~_-=t== :- •~: - . Failure b~ ails owll?r t0 el1f~~L'Ce ally covAnant G`r restriction h?'_'?ill CJI1t::iI1°i: Shall 1n no e~-Flit }J? deemed a. ~•:31~?r ~:L th? r_?ht __ ~. ~- `---- =-.f~2r. IIl the ev.?Ili of .;ud~cment a~~1n5t lll~' ~e15OIl fOr v101aC1~~i1 '_~f r.115 DaC13-=~t-- the Court ma}' award injunction against and- person for such violation, requir_ such compliance as the Cour deems Ilecessary. award such damages, reasonable counsel fees and Court costs as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgement or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs ~:~f said Protective Restrictions and Covenants but the same shall be and rem~ln effect . I\ 4;IT~'ESS ~ti'HEREOF, the Declarent owilers 'has e.;ecuted triis Declaration of Restrictive Covenants on the day of 1993. -~ - -- Sta~: en G. Gregor.: Ganeral Partaer. ~':sws LTD P3rtl1?rship State of Idaho Count' of ada .' • 1~5~~~~2'78 ~da~ 199, be`ore me. the Declarent, a ~otarc Oti this Public in and fo: s id State, Person,311~- .appeared S`e~en ~~. Gr~~or-- u:o~: ~~~ -,.- to be the person whose name is subscribed to the c:it;in and foregoing instru- ment , and acrino~~ledged to me t::.at h e executed the _,:We . I har•e heraunto se `-r'. a: _~ 3 t~-- f _cis~ s al I~: t'IT'ESS F,riEnE:= - _~ ^tt• e+ ,; c: ,, '- :3 - _n this cert_fica`_ __r it*_-->~ -- •.t- the ~a.~ -- .•E.._ - - - - _~ •', JF' `~utar~- ::lblic fcr Idaho ~~ • ~;~~ ~ ~' ~+,• ~ ~ Residing at Boisa. Idah • • ~. }y c:ommissio~l e~:pires -~ 9 _ . '~'~. '~I''~:F tc ,l~ •~ ... .. -. i. . ~: r _ L~ ~ T ~W -f-~~ . .. FiASr 4 0 1 6 9 9 7 DOIS[ I~ • • If;~y;~UU fj~4U '9'I FED Z`~fli•i 1() 5z ADDENDUM TO RESTRICTIVE COVENAN~i~~__~:_;;~ MAWS SUBDIVISION N0. 1 b 2RECOliGi~,; J~-=~~ ' •- ~tL'`QUEST OF WE THEE ARCHITECTURAL COMMITTEE DO RESIGN AND APPOINT THE FOLLOWING HOMEOWNERS OF THE SUBDIVISION AS OR SUCr,ESSORS: (1) JEFF BOOTH 910 N. SCRIVNER MERIDIAN, ID 83642 (2) BECKY LAY 960 N. SCRIVNER MERIDIAN, ID 83642 (3) CHERIE otsoN 951 N. SCRIVNER WAY MERIDIAN, ID 83642 ~-•--- C STEVEN G. GREGORY PHONE #: 887-6019 PEIONE #: 887-7984 PEEOIJE # : 888-0393 _ /i"- ~~/ ilATE STATE OF IDAHO COUNTY OF ADA ON this __(~_`-h day_(c'hcL~ ~c`~ 1994., before me, the D•~elarant, a Notary Public in and for `aid State. Personally appeared Steven G. Gregory, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledge to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first ;c{ritten above. ., •t,'r ~•, ~r}. ;ilA~,:i JL1~ .~ . ~~D!`lY1 1!1 nr, Notary Public for I~?aho a;u n ~~ Residing at Bye, Idaho My commission expires: I u~~ 16E~3000541 ~ fl~l~~ RONALD L. CROW State of Idaho County of Ada DATE ON this ~~h day rr•1n~,,,.~~ ~ lgg4, before me, the Declarant, a Notary Pu51ic in and for -said State Personally appeared Ron L. Crow, known to me to be the person whose name is sub- scribed to the within and foregoing instrument, and ack.~ow- ledged to me cha`. he executed the same. IN WITNESS WH%REOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. .- `:`till •,~C,'f,/'tr,!•~ ~ BENJAMIN S. REGO State of Idaho County of Ada ~~horr~ r~ nnr~ Notary Public f r Idaho Residing at B~`Idaho My commission expires:~p(b i ~-~~/ DATE ON this ~_day 1994, before me, the Declarant, a Notary Public in and for aid State. Personally appeared Benjamin S. Gregory, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledge to me that he executed the same. iN WITNESS WHF.REOE, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. ~ . ( i~ `'. .. , ~.,. _ _ Notary Public fgr I aho Residing at B~cldaho My commission expires:~'~dJO ~ ~ ~4:~9~~~~~~ tions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof. fora period of thirty (30) years from the recorded date of these Covenants at which time said Protective Restric- tions aad Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title to not less than two-thirds (2/3) of the platted residence tracts of platted lots by an instrument or instruments in writing. duly signed and acknowledged bQ then shall then terminate or amend said Protective Restrictions and Covenants and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments herein. ARTICLE II AMENDMENTS BY DECLARENT. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Declarent by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration. the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. BY OWNERS. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) vote of the lot owners. PROVIDED HOWEVER. such amendments provided for herein shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY USE RESTRICTIONS A. BUILDING RESTRICTIONS. All lots in said subdivision sl~a'_1 be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon building site therein other than one detached single family dwelling with none of the dwelling erected to exceed two (2) stories in height. B. TYPE OF BUILDING. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted and such finish to be kept in good repair. Said property shall be used in such manner as to be inoffensive to any other property owner thereof. Architectural Asphalt shingles or wood shakes. The roof pitch for all buildings shall be five-twelve (5/12) pitch or greater. C. MINIMUM BUILDING SIZE. Any residential building erected upon said property shall have a floor area required under provisions set by the Archi- tectural Control Committee and the City of Meridian. All dwelling units must M. ANIMALS. No animals, livestock or poul*_ry of any kind shall be raised. bred or kept on any lot, except that dogs. cats or other household pets may be kept provided that they are not kept. bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. All dogs and cats or other household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upor_ the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot may keep more than two (2) domesticated pets on a building lot. No dog runs or kertellineaof anyplo~tordwithin five (5)pfeetdoflahsetback (,) feet of the prop y line where applicable. Dog runs or kennels shall only be Permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from the street. N. SEWAGE DISPOSAL SYSTEMS. WATER AND UTILITIES_No individual sewage disposal system shall be used and each Grantee shall hook on to the City of ;neridian Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the City ~~f Meridian public sewer system. according to the ordinaces and laws of City of Meridian and/or Ada County. Grantee shall submit to inspection by either the Depart- ment of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the City of _M_eridian. no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable utility enti*_- connecting thereto. The Declarent owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and;or public water c~~nnection lines which service the owner's dwelling unit on the lot. Any utlllty easement which exists for the benefit of the owners of any lot wit,.1iR t?~i; dev~_lorment sha_'_ be accessible for repairreplacement of said utility line lying within the easement. All utilities services shall be underground, includ=nR without limita- tion, telephone electricity and cable television. 0. :~1+3TE~'NAE. No television antennae. satellite recei--e~-s or radio aerial= shall be installed or allowed to remain on the property other than the interior of a unit. p. NO UNSCREENED VEHICLES BOATS CAMPERS OTHER VEHICLES AND OTHER ITEMS. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved strutractors~rvehicleslother screened from view. Trailers, mobile homes, boats. than automobile campers, snow removal equipment, golf carts. garden or maintenace equipment shall at all times. except when in actual use, be kept in garbage and trash shall an enclosed structure or screened from view. Refuse. be kept at all times in coffered, reasonably noiseless containers which shall be kept wreasn storageopilestrcompostopilesrandlfacilitiesefor hangin~ewdryin~ Service a 1499®0~1~9 M or airing clothing or household fabrics shall be 8ppropriately screened from view. No lumber. grass, shrubs or tree clippings or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any lot or common area. Q. LIGHTS SOUND - GENERAL. No light shall be emitted from any lot within the property or from common area which light is unreasonably bright or ca~:ses unreasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying. and no odors shall be emitted on an- property which are noxious or offensive to other. R. ZONING COI~LIANCE. Each owner shall comply with all applicable zoning. fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE_IV ARCHITECTURAL C01v_'TROL_. GOh?'~!ITTEE A. MF~MBERS OP THE COMMITTEE. The Architectural Committee. sometimes referred to as the "Committee". shall consist of three (3) members. The following persons are hereby designated as the initial members of *_he Committee: Steven G. Gres~orv Ronald L. Crow Benjamin S. Gregory Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provic~d herein. B. RIGHT OF APPOINTMENT AND REMOVAL. At any tip reclaren* is th~_ ovine= =t at least ten percent (10 e) of the lots. Declarant shall have the ris:ht to appoint and remove all members of the Committee. Thereafter. the then record owners of a maiority of the lots shall have the power through a duly recor'_e•i written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said COmnlttee a representa- tive will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots ha;-e been sold and the building(s) described in Article III have been completed. Thereafter the approval described in this covenant shall not be req~lire<i unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a maiority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable to any owner or Grantee for any loss. damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of such Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: December 3, 1998 TO: Planning & Zoning Commission/Mayor and City Council LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (io8)8s~-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 R,EcErvED DEC 0 4 1998 FROM: Bruce Freckleton, Assistant to City Engine City of Meridian +~~ty Clerk Office Shari Stiles, P&Z Administrator <~ SUBJECT: Request for Preliminary Plat for Maws Subdivision No. 3 - 7 Buildable Lots on 1.157 Acres by Steve Gregory We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. Fire hydrant locations shall be depicted on the preliminary plat map. 4. Sewer and water mains shall be extended to and through the proposed development. 5. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 7. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. MAWSADIk13.SF.PP Mayor, Council and P&Z December 3, 1998 Page 2 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 9. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 10. Respond, in writing, to each of the comments contained in this memorandum by 5:00 p.m. on Monday, December 7, 1998. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via an extension of the existing main in Danbury Fair Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this- proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. Water service to this site will be via extensions of existing mains installed in Danbury Fair Subdivisipn and adjacent in E. Pine Avenue. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. One hundred-watt, high-pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. A detailed landscape plan for the common areas shall be submitted for review and approval with submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 5. The design of the drainage area shall ensure that water is retained only during major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 6. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lot constructed, and road base approved MAWSADDI~3.SF.PP • • P&Z Commission/Mayor & Council December 3, 1998 Page 3 by the Ada County Highway District prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 13. The stamp, signature, and date, of the land surveyor is required on the preliminary plat map per the requirements of Idaho Code 54-1215-3. 14. Provide lot closure information to verify minimum lot square footages of 6,500 square feet. Although the plat indicates lot sizes are 6,500 square feet, the lot dimensions do not indicate minimum lot size is being met. 15. Revise Note 3 to indicate Lot 34 is a drainage lot, not Lot 36. 16. Revise Note 4 to indicate minimum house size is 1,301 square feet, exclusive of garage. 17. Application indicates pressurized irrigation is not proposed for this subdivision; City Council must approve a variance to the requirement for providing pressurized irrigation. Applicant should investigate feasibility of hooking up to Danbury Fair system. MAWSADDIt3.SF.PP MERIDIAN PLANNING AND ZONING MEETING: December 8, 1998 APPLICANT: TEALEY'S LAND SURVEYING ITEM NUMBER: 8 REQUEST: PRELIMINARY PLAT FOR MAWS SUBDMSION N0.3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAIVIPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~'o ,~J°'~'.~r,,s L ~ ~~~~~~ r~ C ~ ~~%~ih~ All Materials presented at public meetings shall become property of the Cit~y~,of~ MDeri 'an. . t=i~ ~ ~ ~ 1 ~ 6 r ~' 1 ) WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P. AYLSWORTH ]ULIE I~LEIN FISCHER WM. F. GIGRAY, [II D. SAMUEL ]OHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS EAIC $. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. Meridian City Clerlc 33 E. Idaho Meridian ID 83642 Re: Maws Addition No. 3 Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208)466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE ~E~EIVE~ ~1At~' ~ ~ 1999 City of Meridian City Clerk Office Pursuant to City Council action of January 5, 1999, I have prepared the Findings and Order of Conditional Approval of Preliminary Plat in the application of Maws Limited Partnership, regarding the above matter. This document is now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerlc. Copies should be served upon the Applicant, the Planning and Zoning Department and the Public Worlcs Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly ours, v~~ Wm. . Glgr , I Enclosure 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (Z08) 288.2499 FAX (ZOS) 288.2501 Email via Internet @ wfg~w7wppmg.com January 13, 1999 ey/Z:\Governmental Municipal\Work\M\Meridian 15360M\MawsPPlatCllc.ltr ~~ • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR MAWS ) FINDINGS OF FACT AND ADDITION NO. 3 BY TEALEY'S ) CONCLUSIONS OF LAW LAND SURVEYING ) AND ORDER OF CONDI- TIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 5t1' day of January, 1999, and appearing at the hearing on behalf of the applicant was Patrick Tealey, Tealey's Land Surveying, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing dated: January, 1998, Project No. 972-3 of the Preliminary Plat of Maws Addition No. 3 by Tealey's Land Surveying, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 1 • FINDINGS OF FACT That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned R-8, Medium Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408B(7), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the ACHD and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 2 been no specifics of any such concerns brought to the Council's attention. 6. It is found that the recommendation to City Council or the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat with a modification of the condition 1.21 as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "January, 1998, of the Preliminary Plat of Maws Addition No.3, Project No. 972-3, by Tealey's Land Surveying." DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 1 1-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by January, 1998, of the Preliminary Plat of Maws Addition No.3, Project No. 972-3, by Tealey's Land Surveying. hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 3 • 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 2.3 Coordinate fire hydrant placement with the City of Meridian's Public Worlcs Department. Fire hydrant locations shall be depicted on the preliminary plat map. 2.4 Sewer and water mains shall be extended to and through the proposed development. 2.5 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 2.6 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.7 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2.8 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 2.9 Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 2.10 Sanitary sewer service to this site will be via an extension of the existing main in Danbury Fair Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 4 • development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. Applicant to work with staff on termination of sewer adjacent to Lot 2 7. 2.11 Water service to this site will be via extensions of existing mains installed in Danbury Fair Subdivision and adjacent in E. Pine Avenue. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.12 One hundred-watt, high-pressure sodium street lights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.13 A detailed landscape plan for the common areas shall be submitted for review and approval with submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 2.14 The design of the drainage area shall ensure that water is retained only during major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 2.15 Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lot constructed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. FINDINGS AND ORDER OF CONDITIONAL APPROVAL. OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 5 2.16 The stamp, signature, and date, of the land surveyor is required on the preliminary plat map per the requirements of Idaho Code 54-1215-3. 2.17 Provide lot closure information to verify minimum lot square footages of 6,500 square feet. Although the plat indicates lot sizes are 6,500 square feet, the lot dimensions do not indicate minimum lot size is being met. 2.18 Revise Note 3 to indicate Lot 34 is a drainage lot, not Lot 3 6. 2.19 Revise Note 4 to indicate minimum house size is 1,301 square feet, exclusive of garage. 2.20 Application indicates pressurized irrigation is not proposed for this subdivision. In order to accept such a proposal, the City Council will have to review and rule on a variance request to the requirement to provide pressurized irrigation. Applicant shall investigate feasibility of hooking up to Danbury Fair system. Meridian Fire Department's Recommendations as follows: 2.21 Applicant will need to meet all fire codes. 2.22 Common areas will need to be kept clean of trash and weeds. Ada County Highway District's Recommendations as follows: 2.23 The following existing street names shall appear on the plat: "East Pine Avenue", "North Adkins Lane", "N. Ralstin Place", E. Buchman Court", "North Locust Grove Road". Adopt the Central District Health Department's Recommendations as follows: 2.24 The Applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 2.25 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~ FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 6 Welfare, Division of Environmental Quality. 2.26 Run-off is not to create a mosquito breeding problem. 2.27 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. By action of the City Council at its regular meeting held on the ~~~ day of ~ , 1999. By. ~ ~ ~ F ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works D artment. 1~+~II,ua!gl~it~r,,~ / ~//~ City Clerlc ~ ~' ~,~r' `~~' j ~~" `' '= ~~.'~~ - 9~i ~', ~~ ,,,, 9a ~sT 1,J.~ , ~ ,,: ~~l~Fl171SC 1Y1t111~~\ FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 7 APPROVAL OF THE FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The Meridian City Council adopts and approves the Findings and Order of Conditional Approval of Preliminary Plat. ROLL CALL COUNCILMAN BIRD VOTED COUNCILMAN ANDERSON VOTED ~ COUNCILMAN ROUNTREE VOTED -~ COUNCILMAN BENTLEY VOTED . Jz~- MAYOR CORRIE (TIE B ~~~E~-R) VOTED V MOTION: APPROVED:~~~~DISAPPROVED: Z:\Goven~nental Municipal\Work\M\Meridian 15360M\MawsPrePlatCC.FCS R~1 ~~' ~~ JAN - 5 1999 CITY OF MERIDIAN FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -MAWS ADDITION NO. 3 - 8 ~ ~ 1~~~®~~.~.~~ or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap or refuse or trash shall be kept. stored or allowed to accumulate on any lot or common area. Q. LIGHTS. SOUND - GENERAL. No light shall be emitted from any lot within the property or from common area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying. and no odors shall be emitted on any property which are noxious or offensive to other. R. ZONING COP'~LIANCE. Each owner shall comply with all applicable zoning. fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV ARCHITECTURAL CONTROL _ GQ!~n'__ITTEE A. MEMBERS OF THE COMMITTEE. The Architectural Committee. sometimes referred to as the "Committee", shall consist of *_hree (3) members. The followine persons are hereby designated as *_he initial members of *_he Committee: Steven G. Gregory Ronald L. Crow Benjamin S. Gregory Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed. as provic3d herein. B. RIGHT OF APPOINTI~NT AND REMOVAL. at any t im? L`eclarenr is the o~•ne~ ,.,L at least ten percent (10 e) of the lots. Declarant shall have the ris:Zt t~ appoint and remove all members of the Committee. Thereafter. the then recd.d owners of a maiority of the lots shall have the power through a dull recor'_?•i written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Com~i*tee a representa- tive will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative sha•11 close after all lots !^a;-~ been sold and the building(s) described in Article III have been completed. Thereafter the approval described in this covenant shall not be r^quired unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a maiority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable to any owner or Grantee for any loss. damage or injury arising out of or in any wa« connected with the performance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of suc;h Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. '' C. REVIEW OF PROPOSED CONSTRUCTION. No buildings shall be erected, placed or altered on any building lot in this subdivision until the building plans. specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topographvd. property lines and finish ground elevation by the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes. exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No Green. blue, red, pink, yellow or purple colors shall be allowed on exterior walls. Fronts of each home to have at least two (2) corners of brick, stone or stucco. The Committee shall not be responsible for revie~•inQ. nor shall its approval of env plan design be deemed approvsT of env plan or design from the standpoint of structural safety of conformance with building or other codes. The Committee may act with a slmpl•_ :*_R i~~rity Present tc _uifil_ .*'s duties and powers. The Committee sha_1 here full power to a-~rore <~r disap- prove such designs or location wi*_hin th:rtq ('301 days aft:r such ^?ans and specifications have been submitted to it or ir_ the even that no su_*_ t~. en^'" the erection of such building or the making of such alterations has bee:1 commenced prior to the completion therof such approval .will not be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. .~RTICT i 'r VACATIONS . RELOC?~TIONS _Er1SE~IVTS The Declarent owners further reserve to themselves, their licensees, successors and assigns, the right and power to vagcate and relocate car to rlat new streets by instrument filed of record, any street or ally as long as the Declarent owner owns each of the parcels which are adjacent t'~ *_he stre~=* bo-h vacated and relocated on the new and old right-of-way an'9 provide an adequate roadway in place of any vacated. Provided, nevertheless, vacation an+a relocation, easements, right-of-wavs and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Zdaho. Ada County and City of Meridian. Idaho laws and ordinances and regulations thereunder in relation to platting in effect at the time of the constr'~c*ion of improvements. This provision shall net be deemed to include any c~='~r!sions of statute Riving any Grantee hereunder the right to object to s'~ch variances. relocations. vacations and dedications and such rights of protest are trans- ferred to the Declarent owners hereunder. Where any restrictions. easement or dedication herein vary from the require- ments of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required by such ordinances but not set forth herein. r VIOLATIONS OR ATTEMPT TO VIOLATE.RESTRICT.IO"TS That should any Grantee violate or attempt to violate any of *_he provisions of these Protective Restrictions and Covenants anv other person or persons owni~~ any real property embraced in the said subdivision plat shall use these Protective Restrictions and Covenants either to prevent him or them from doir.G so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity. all restrictions, conditions. covenants. .reservations. liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as waiver of the right to do so thereafter. In the event of judgement against any person for violation of this Declaration the Court may award injunction against anv person for sur_h violation, require such compliance as the Gour deems necessary, award such damages, reasonable counsel fees and Court costs as may be deemed .just and equitable. The invalidation of any provision. sentence or para~:rar~h contained in t!lese Protective Restrictions and Covenants by iudQemen*_ <?r court order shall in ..^.o way affect or invalidate any of the provisions. ser.*_enees or paraeraphs of said Protective Restrictions and Covenants out the ssm? sl:-all '?e an.l remain in ~ffe:t. Iv iriITNESS w'HFREOF. tiZe Declarent ewr_ers has executed thi •_ Declara* i<?n of Restrictive Covenants on the day of 7~--•~ _ ? ~`~• Stevan G. i~re~rry G~nerai Part:ler . Maws LTD Partnership State of Idaho County of Ada ' ON this~_da, .,. 199, before me, the Declarent, a Notary- Public in and for said State rersonally appeared Steven G. Gregory know to m~ to be the person whose name is subscribed to the within and foreaoina instru- ment. and acknowledged to me that he esecut?d the same. IN WITNESS WHEREOF. I have hereunto set my hand and aff~~„d~b; official seal the day and year in this certificate first written,'~~dY McRI~b~ Notary P+ ~pr I~h~~ ~* Residing a ~ oige. Idaho My commissi~ ~ ' ~- sesi.~P O F 19 ~~~~ ~ i r •~W ~~~ 9Y016997 . .. ` FIASTfuvl'Ef•~11;nr1 I i~i ~._ CO. DOISC I~ If~1~;3UUU~4U ' 9'i FED 2// ~Fli'i 10 52 ADDENDUM TO RESTRICTIVE COVENANFt~~._~'%'•_;;_ ~~ ~44~ MAWS SUBDIVISION NO. 1 b ~ECOfiGCU,; -' ' •- ~~'~OUcSi OF WE THEE ARCHITECTURAL COMMITTEE DO RESIGN AND APPOINT THE FOLLOWING HOMEOWNERS OF THE SUBDIVISION AS OR SUCrESSORS: (1) JEFF BOOTH 910 N. SCRIVNER PHONE #: 887-601 MERIDIAN, ID 83642 (2) BECKY LAY 960 N. SCRIVNER PRONE #: 887-7984 MERIDIAN, ID 83642 (3) CyERIE OI..SpN 951 N. SCRIVNER WAY PEIOt•IE #: 888-0393 MERIDIAN, ID 83642 STEVEN G. GREGORY DATE STATE OF IDAHO COUNTY OF ADA ON this ~'Lday r~h,~i~~~c 1994, before me, the D,~ a Notary Public in and for aid State. Personall aclarant, Steven G. Gregory, known to me to be the y PPeared subscribed to the within and foregoingrsinstrumentameand acknowledge to me that he executed the same. IN WITNESS WHEREOF, official seal the • • ••;r{rittep above. . •~•• . ,,,,.,.. . ~!~:~. I have hereunto set my hand and affixed by day and year in this certificate first '~~rho~rn ~ Ar~nti^ Notary Public for Idaho Residing at ~ `, Idaho My cornmission expires: I~~l~„~n~ 161~3000~41 .~ ~(~~, RONALD L. CROW State of Idaho County of Ada _a - ~ 7- F ~ DATE ON this ~~h day ~~ 1994, before me, the Declarant, a Notary Pu51ic in and Eor said State Personally appeared Ron L. Crow, known to me to be the person whose name is sub- scribed to the within and foregoing instrument, and ack.iow- ledged to me cha`. he executed the same. IN WITNESS WHCsREOE', I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. ... ,;••. .~. ~,lp'f / rr ... Y: ;'t.~ ;r. p~' ?V3L1G rf, •rl t . u.n !. ' BENJAMIN S. REGOI State of Idaho County of Ada ~~hor~r ~t~,~(~n~ Notary Public f r Idaho Residing at Br'Idaho My canmission expires:L(~- ~p(b 7-~~/ DATE ON this th ~_day 1994, before me, the Declarant, a Notary Public in and for aid State. Personally appeared Benjamin S. Gregory, known to me to be the person whose name is subscribed to the within and Foregoing instrument, and acknowledge to me that he executed the same. IN WITNESS WHEREOF', I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. .rt ~ ~ :~. f .. ~~~.. Notary Public fgr I oho Residing at ~ ~~daho My commission expires:~~QdO • RE°E~D BEFORE THE PLANNING AND ZONING COMMISSI( ~ ~ ~ ~ ~,_,,, IN THE MATTER OF THE REQUEST ) CITY OF MERIDIAN FOR PRELIMINARY PLAT FOR MAWS ) RECOMMENDA' SUBDIVISION NO. 3 BY TEALEY'S ) CITY COUNCIL LAND SURVEYING ) INTRODUCTION ~- ~ - j~f 1. The property is approximately 1.157 acres in size. Thep ~ G _1t~~ generally located at the northwest corner of Adkins Lane and Pine Avenue in Meridian, Idaho. 2. The owner of record of the subject property is Maws Limited Partnership of 1202 West Sandy Court, Meridian, Idaho. 3. The Applicant is Tealey's Land Surveying of 915 West Jefferson Street, Meridian, Idaho. 4. The subject property is currently zoned Medium Density Residential (R-8). The zoning of Medium Density Residential is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(4). 5. The proposed site of the subject property is north of Pine Avenue and west of Locust Grove. 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT - TEALEY'S LAND SURVEYING MAWS SUBDIVISION NO. 3 • • Comprehensive Plan. 8. The Applicant proposes to develop the subject property in the following manner: Develop asingle-family subdivision with seven (7) buildable lots and an eighth lot to provide space for the retention of site run-off. 9. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. Fire hydrant locations shall be depicted on the RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT - TEALEY'S LAND SURVEYING MAWS SUBDIVISION NO. 3 • • preliminary plat map. 1.4 Sewer and water mains shall be extended to and through the proposed development. 1.5 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 1.6 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.7 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 1.8 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 1.9 Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 1.10 Sanitary sewer service to this site will be via an extension of the existing main in Danbury Fair Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. Applicant to work with staff on termination of sewer adjacent to Lot 27. 1.11 Water service to this site will be via extensions of existing mains installed in Danbury Fair Subdivision and adjacent in E. Pine Avenue. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1.12 One hundred-watt, high-pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT - TEALEY'S LAND SURVEYING MAWS SUBDIVISION NO. 3 • shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.13 A detailed landscape plan for the common areas shall be submitted for review and approval with submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 1.14 The design of the drainage area shall ensure that water is retained only during major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 1.15 Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lot constructed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 1.16 The stamp, signature, and date, of the land surveyor is required on the preliminary plat map per the requirements of Idaho Code 54-1215-3. 1.17 Provide lot closure information to verify minimum lot square footages of 6,500 square feet. Although the plat indicates lot sizes are 6,500 square feet, the lot dimensions do not indicate minimum lot size is being met. 1.18 Revise Note 3 to indicate Lot 34 is a drainage lot, not Lot 36. 1.19 Revise Note 4 to indicate minimum house size is 1,301 square feet, exclusive of garage. 1.20 Application indicates pressurized irrigation is not proposed for this subdivision, City Council must approve a variance to the requirement for providing pressurized irrigation. Applicant shall investigate feasibility of hooking up to Danbury Fair system. Adopt the Meridian Fire Department's Recommendations as follows: 1.21 Applicant will need to meet all fire codes. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT - TEALEY'S LAND SURVEYING MAWS SUBDIVISION NO. 3 1.22 Common areas will need to be kept clean of trash and weeds. Adopt the Ada County Highway District's Recommendations as follows: 1.23 The following existing street names shall appear on the plat: "East Pine Avenue" "North Adkins Lane" "N. Ralstin Place" E. Buchman Court" "North Locust Grove Road". Adopt the Central District Health Department's Recommendations as follows: 1.24 The Applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 1.25 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.26 Run-off is not to create a mosquito breeding problem. 1.27 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. Z:\Goveaunental Municipal\Work\NI\Meridian 15360M\Maws Subdivision Prelim Plat Rec.wpd RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT - TEALEY'S LAND SURVEYING MAWS SUBDIVISION NO. 3