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HomeMy WebLinkAboutBedford Place FP OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUAR7, Water Works Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS.I. SUMMERS, Perka Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, Flro Chlel W. L "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888x1433 • FAX (208) 887813 Public Works/Building Departntwt (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI ~~~~~^ JIM SHEARER ll CHARLIE ROUNTREE TIM HEPPER GRANT P. >t1NGSFGRU O C T 1 9 1~95i Mayor ®F ~fERI®IWN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Comrrussion, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19!95 HEARING DATE:_'`` 11/14/96 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridan :Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~UB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ~ -~- ~,, \9. ~~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 V September 15, 1995 Ms Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Bedford Place Subdivision Dear Ms Stiles, On behalf of our client we hereby submit the application for preliminary plat for the 11 lots along the southern boundary of Bedford Place Subdivision. The preliminary plat is in conformance with acceptable engineering, architectural and surveying practices and local standards and is in substantial accordance with the conditions and provisions of the City of Meridian Subdivision Ordinance. Lots 25, Block 4 and Lot 8, Block 10 were previously approved with the original preliminary plat for Bedford Place. This application merely modifies the lot lines for those two lots. The remaining lots are proposed in order to pipe the Finch Lateral and provide for a recreation area (basketball court and tot lot) on Lot 10, Block 10. If you have any questions or require additional information, please do not hesitate to call either Gene Smith or myself. Sincerely, ~~ u ' e Keene ject Coordinator BEDFORD PLACE SUBDIVISION No variance will be requested for this subdivision with respect to any provision of the Ordinance. NGl/y -~- ~,, \9. ~~ SURV • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 BEDFORD PLACE SUBDIVISION 2081322-8992 ^ Fax 2081378-0329 This development has 2.78 acres and features 11 single family residential lots along the southern boundary of Bedford Place Subdivision. Lot 25, Block 4 and Lot 8, Block 10 were previously approved with the original preliminary plat for Bedford Place and this application merely modifies the lot lines for those two lots. Lot 10, Block 10 will provide a recreation area which will include a basketball court and a tot lot. The remaining lots are proposed in order to pipe the Finch Lateral. /(j "N\ ~~ 9y0 SUR~EyO RUBBLE ENGINEERING 9560 W. Bethel Court • Boise, Idaho 83709 T~NSMfTTAL LETTER FOR: -DELIVERIES _PICtC UPS To: ~ ` , ,.~ '~.,1 ~;~.~~~ i,L Attn: 322-8992 • Fax (208) 378-0329 Job No• '1 ~ ~ C, .'~ '_.: YYE ARE SENDING YOU: WE ARE PICKING UP _ ('See remarks) _ As Requested ~ Attached _ Under Separate Cover, Via FOR YOUR: _ Use _ Record _ Bidding _ Cost Estimating Information Review an d Comment Approval THE FOLLOWING: _ Print(s) _ Plan(s) _ Sample(s) _ Copy of Letter _ Specifications Shop Drawing(s) _ Disk(s) ('`See Disclaimer below) ;, ~ I ~ ri, k ~~~ t 1` I r t l?' u! ~ ~ ~ X - Conies Date Sheet No. , t ;i. Tt_ , j, ~ ,.-r ,. , .. t ~ 4.: >_, ;Ds ~C iotl ~_,--• ` ., ~~ i ' : `'l.L . f ~ , ~ ;,~.. ~ , i ~ ~--, ~ ~ ~ ~_ E. ' t i j ~ f i-l.. '~~~ ~ ~ 1 `. i "t' i 1 L , l " l ;- By: DISK DtSCLJ-IMER:~LEASE READ AND SION). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWAi~ OF THE PRECISION, OR LACK OF PRECISION, THEREIN. WE ARE FORWARDMIG THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PRO,ECT. RUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA. FOR RUBBLE ENGIHEERING USE ONLY: DATE I (~. _ ~ c:~ _ ~' ~ 4 ~ ~J ~ CLIENT COPY r i CITY OF MERIDIAN PRELIMINARY SUBDIVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED APPLICATIONS MUST BE SUBMITTED THIRTY . (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION COMMENTS/DATE 1. Pre-application submittal meeting held ~/2. ACHD Technical Review Committee approval submitted 3. Thirty (30) copies of the completed and executed written application form 4. Proof of current ownership of the real property included in the preliminary plat and consent of recorded owners 5. Name and address of party to receive billings/correspondence 6. Legal description of subdivision prepared and stamped by Registered Land Surveyor 7. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: a. Proposed Subdivision Name /~ Drafting date ~ n/a ~ STNH~~D c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1 " =100') f. Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) 1~ 95056 `i5 f ' INSTRUMENT No. QUITCLAIM DEED ';~",;,;1 .~.~~'~~ SC;S~~ ~' For value received HELEN V. DAMS, a widow ~,,, 95 Fiu~ 1~1 f'~'. FEE ~~ .__ _ . does hereby convey, release, remise and forever quit claim R E C o F; :; ~ ~ :.: _ .: ~, ;: s o r unto BRIGHTON CORPORATION, AN IDAHO CORPORATION 12301 W. Explorer Drive, Suite 200 Boise, ID 83713 /3 ~~ / _ ~,~j the following described premises, to-wit: See Attached Exhibit "A" together with their appurtenances. Dated: ~~ `~ ~ ~~~ S ~~-~~ v~~ ~' ` ~ ~Lc~~. Helen V. Davis, a widow STATE OF IDAHO, COUNTY OF On this ~ ~ day of 1995, before me a otary public in and or said te, personally appeared HELEN V. DAMS, known to me to be the person whose name is subscribed to the within instrument, and aclmowledged to me that she executed the same. IN WTTNES~yV.FI~tiE0~,1 have hereunto set my hand and affixed my official'~eal the gay a~~eai. in,this certificate first above written. Comm. expires t. ~ ~./" ~ . ~~ . STATE OF IDAHO, COUNTY OF ADA I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., 19 , in my office, and duly recorded in Book of Deeds at page Ex-Officio 'Recorder By Deputy. Notary Public Idaho Fees S Mail to: g,NGlly ~~~`~ HUBBLE~VGINEERING, INC. \9\, ~ ~ Jy/ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 ~~ o ll a 0 Project No. 9403500 ~~~~ ~ ~`T" August 8, 1995 DESCRIPTION OF BEDFORD PLACE SUBDIVISION AREA EXCLUDED FROM LIVING TRUST A parcel of land lying in a portion of Government Lot 3 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Section 31, T.4N., R.1 E., B.M., Section 36, T.4N., R.1W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron pin marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26" West 694.77 feet along the said Northerly boundary of the NW1/4 of Section 6 to an iron pin; thence South 0°25'34" West 45.00 feet to a 2-inch galvanized pipe,~also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°25'34" West 180.00 feet; thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 75.61 feet, said curve having a central angle of 6°18'21", a radius of 687.00 feet, and a long chord of 75.57 feet bearing South 02°02'03" East to a point of ending of curve; thence South 89°39'36" East 713.93 feet to a point on the East line of said Government Lot 3; Bedford Place Subd. Page 1 of 2 02/25/1994 11:35 12083778962 BRIGTON CORPORATIOPd ' TRAN3~ SI ~ INR ! ~~ J~Q ~ ~ .~~•SBQIe .~4E ~~ .9E~~S • 5 OWNERS SCHEDUt..E A OFFICE FlLE NUMBED P12B682 P I N 13 4001 80 007488 D~EOF POLICY FEBRUARY 10, 1994 As of 3:57 P,M, PAGE 02 PROP iI. ~ . SEE AMOUNT OF INS RANCE PREMIUM AMOUNT ssoo,ooo.oo s~eao.oo 1. Name of Insured: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE REMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 2. Tha estate or Interest In the land whlCh Is covered by this paicy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested In: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE REMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments: and the mortgages ar trust deeds, if arty, shown In Schedule B hereof. 5. The land referred to in the Policy is described as follows: SEE SCHEDULE C 02/25/1994 11:35 12083778962 BRIGTON CORPORATION OVVI~R$ • l3CHEDUI.~ B Pdlcy Number: P 128892134001 ®o oo74s~ Owr~rs E)(CEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General E~oCepdons: (1) Rights or claims Of parties In possession net shown by the public records. (2) Encroachmerns, overlaps, boundary Ilne disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not Iimfted to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records, (4) Any 11en, or right to a Ilan, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5} (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or tittle to water, whether or not the matters excepted under {a), (b), or (c) are shown by the public records. (s) Taxes or special assessments which are not shown as exiting flans by the records of any taxing authortty that levies taxes or assessments, on real property or by the public records. Proceedings by a public agency which may result in taxes ar assessments, or notices of such proceedings, whether or not shown 4y the records of such agency or by the public records. $peClal Exceptlons: The mortgage, if any, referred to In Item 4 of Schedule A. 1. GENERAL TAXES FOR THE YEAR 1994, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2. DENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NEW YORK IRRIGATION DISTRICT {343-2562) 3. RIGHTS AND CLAIMS IN AND TO DITCHES, CANALS AND/OR LATERALS WHICH ARE LOCATED OVER AND THFlU SAID PREMISES. 4. TERMS COVENANTS AND Rl=STRICTIONS OF SAID LIFE ESTATE SET FORTH IN DEED RECORDED FEBRUARY 10, 1954 UNDER INSTRUMENT NO.: 94013024 BETWEEN HELEN V. dAVID, A WIDOW, A3 GRANTOR AND BRIGHTON CORPORATION, AN IDAHO CORPORATION, AS GRANTEE. END OF EXCEPTIONS PAGE 03 CONTINUED 02/ P1213882 13 4001 80 0074@8 NOTE: THEpE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID A38ES3MENTS, CHARGES OR FEE8 FOR SEWER, WATER, GARBAGE, IRRIGATION ANO OTHER POSSIBLE UTILITY SERVICES. Countersigned SCHEDULE B (STANDARD COVERAGE) Schedule B cf this Policy consists of 2 pages. ~1 GOVERNMENT LOT 3 OF SECTION o rN TOWNSHIP 3 NOATH, RANGE 1 EAST OF 801SE MERIDIAN IN ADA COUNTY, IDAHO ExcEPT THAT PORTION LYING WITHIN THE USTICK ROAD RIGHT-OF-WAYS INCLUDING IN SAID EXCEPTED PORTION BUT NOT NECESSARILY LIMITED TO THAT PORTION CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED IN BOOK 21b OF DEEDS AT PApES 118 AND 119. END OF LEGAL pE9CFLpTipN ~~,. . GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary Mr. Michael Wardle Director of Operations Hubble Engineering Inc. 9550 Bethel Court Boise, ID 83709 Re: Bedford Place- Subdivision ~,( cl~ yr ~~ ~U tX ~- ~"~ ~~~;~~~ ~ ~ ~; ~, ~~R3 5 pp~ 191994 J April 18, 1994 As we discussed in our meeting of April 18, 1994, the Ada County Highway District will drop the requirement for a traffic study for the proposed Bedford Place subdivision in Meridian. The traffic study is not needed because of the unique characteristics of this subdivision: the single connection to Ustick Road,. an.. internal collector, and the connection to the Fothergill Pointe subdivision. The traffic study requirement may be reinstated if there is a significant change to the land use plan of the subdivision. The Ada County Highway District may place site. specific requirements on the project, but they should not require a traffic study. Please let me know if there are any questions or concerns. David Szplett Traffic Services Department. cc: Terry Little Karen Gallagher ,, FILE ada county highway district 318 East 37th • Boise, Idaho 83714 ~ Phone (208) 345-7680 N G IH,~ • '~~ 7`~ RUBBLE ENGINEERING, INC. ~ y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 9tio suRV~yoe- Project No. 94035 BEDFORD PLACE SUBDIVISION April 1, 1994 Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter corner common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: RUBBLE ENGINEERING, INC. - - .. ~~ ~ ~. o ~~, S9 O ~ ~ F ~ ~~ D. Terry Peugh, P.L.S. DTP/bh/879.des ~~ • SOIL AND WATER TABLE REPORT for •~ FINCH CREEK SUBDIVISION for ' .RUBBLE ENGINEERING by ASSOCIATED EARTH SCIENCES JULY 1994 On 7-12-94 Shelby Brownfield, Associated Earth Sciences, evaluated the Finch Creek Subdivision north of Meridian Id. The area will be serviced by the Meridian sanitary sewer. This was the middle of the irrigation season and there had been ample water for the first half of the season. The irrigation induced water table should be fairly high. Pit 1 Near the fence and north of the irrigation canal. This site is. typical for the soils between the pit and Ustick Road 0--12 inches; lOYR 3/2 silt loam 12-20 inches; lOYR 4/4 silty clay loam with some lime accumulation 19-36 inches; 10YR 7/3 and 4/4 hard duripan, impermeable 36-50 inches lOYR 4/4 extremely gravelly sandy loam SO-78 inches; extremely gravelly and cobbly loamy sand 78-96 inches; extremely gravelly and cobbly coarse sand with water at 96 inches 86-108 inches; clean extremely gravel and cobbles with some coarse sand with water Note; Water is in the field ditch less than 50 feet from the pit. Water table at 96 inches. 1 ...~ ~ ~', 1 • • • 2 Pit 2 Just Sek of the old irrigation ditch. Water in an small channel of the old irrigation ditch. About 6o feet north of the new canal that is ~r full. 0--10 inches; 10YR 4/2 silty clay loam 10-18 inches; lOYR 5/3 silty clay loam with common medium distinct lOYR 6/2-4/4-4/3 mottles 18-38 inches; lOYR 5/4 gravelly loam with some 10YR 4/4 mottles 38-56 inches; lOYR 5/4 extremely gravelly loam and sandy loam 56-74 inches; lOYR 5/3 extremely cobbly and gravelly sand 74-86 inches; clean loose extremely gravelly and cobbly sand with water. Note; This is in a low area near the irrigation ditch. The water table is at 74 inches. Pit 3 West side of the property and just north of the irrigation ditch. The most wet area on the property. the field is being irrigated and water perches in the upper part of the soil. ' 0--13 inches; lOYR 4/2 silty clay loam with some mottles 13-23 inches; lOYR 5/2 gravelly clay loam with common medium distinct 7.5YR 4/4 mottles, ~ o~ P~y~~. wq~w 23-36 inches; lOYR 5/3 gravelly loam with some lOYR 4/4 mottles 36-45 inches; lOYR 5/4 very gravelly sandy clay loam . 45-66 inches; lOYR 5/3-4/6-5/2 stratified extremely gravelly sands and sandy loam 66-72 inches; lOYR 5/3-4/6-5/2 extremely gravelly sand 72-90 inches; clean loose extremely gravelly and cobbly sand ' with water. Note; This is in a low area near the irrigation ditch. Water is flowing downslope from the irrigation ditch on the north _-__ -- _ ~ _ _- aids of the field. This surface irrigation water saturates ~-~~'"~'s`;~=:~`~_ the upper part of the soil by perching on the gravelly clay "~ '';'-..~-.,~ , ~.:-.loam layer . The deeper water table at 72 i nches :~..,_ ~.~:. _. ~,, ~. JAMES E. BRUCE, Preddent SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary Brian Smith Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID $3709 Re: BEDFORD PLACE SUBDIVISION Street Flans Approval February 14, 1995 via Facsimile BEDFORD.SPA Street construction plans for Bedford Placef Subdivision are acc®ptable and have been approved for construction. Y have recalculated the street construction security ($715,100.00) to ref~.ect the redesign of the drainage systems. The inspection deposit must be paid prior to a required preconstruction conference including representatives from the lead agency, ACHD Construction Services, the developers engineer, the general contractor, subcontractors, and utility companies. Please provide two additional sets for construction inspection. If you have any questions or comments, please call me at 345-7562. ~~~~~~~~ Stuart C. Rich, Development Analyst Development Services SCR/scr cc: Project File Chron File ACRD Construction Services Gity Of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phon® (208) 345.7680 FEB 14 '95 14:36 308 345 7650 PAGE.001 -' ' ~ ~ i,3,L=~ f o it ~ Y-~ L ,p c t r M ~ yo 3 ~ T/~ MEMORANDUM TO: GENE SMITH FROM: BRIAN SMITH DATE: NOVEMBER 29, 1994 RE: TEST PTT INVESTIGATION BEDFORD PLACE Four test pits were dug on 11/29/94 to determine the approximate groundwater level for the subdivision. The weather was 35 F, overcast skies and windy. Pit #1 Located approximately 25' N. of Onweiler Lateral & 150' East of the existing house. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan Layer 4.0' - 9.5' Sand & Gravel 9.5' Ground water Pit #2 Located approximately 30' N. of Fisher Lateral & Due South of existing house. 0.0' - 1.5' Top Soil 1.5' - 3.5' Hard Pan Layer 3.5' - 6.5' Sand & Gravel 6.5' Ground water Pit #3 Located approximately 60' S.W. of TBM #2. 0.0' - 1.0' Top Soil 1.0' - 2.5' Silty Loam 2.5' - 5.0' Hard Pan 5.0' - 9.0' Sand & Gravel 9.0' Ground Water ,, • • Pit #4 Located appro~mately 60' S. of Ustick Rd. & 30' E. of Pit #4. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan 4.0' - S.0' Sand & Gravel 8.0' Ground Water . , _, REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/DR FiNet ai et PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the Ciiy Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation ar Subdivision,_ 1~ ~ G~-~G ti- d 1~ ~ f~ 02. S ~ c~ i ~ l Si o ~i 2. General Location,~o~~.~ r\~~~f I,o~ %,~ ~zc.-E-ion C~~ I?~ N ~ R I ~ ~ ~ , ~,~~ 3. Owners of record, _ ~ ti' i ~,1~~~-ors ~-or ~c~i~ o~~+-i o rt Address, _ I ~(~ I_ UJ . ~ IoY.~,r loo is~~ i 1~ S3 -oy Telephone ~: I ~ ' y Do0 4. Applicans V ~ ~ r~('oi Address, ~~301 1,~,_~1C~~IC-~~ ~ 5. Engineer,~e~~~ ~. ~Y~~~i~--l~~ Firm I~bble Engineering. Inc. Address, .9550 Bethel Ct.. Boise. ID 83709 ,Telephone (208)322-8992 6. Name and address to receive City billings: C_oti~ Add Telephone:,_ ~`lg-~-I000 PRELIMINARY PLA CHECKLIST: Subdivision Features 1. Acres: ~ "~ 2. Number of Lots: 3. Lots per Acre: 3 ~ ~ ~ -1 4. Density per Acre: 3 ~ q 5 5. Zoning Classification(s): '~-~3 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classfication IJ !~ 7. Does the plat border a potential green belt U 2 ~ - ~~~- ~~ 510~~,~, ~- I~A-~ 6~wtw S~~S~~w~ 8. Have recreational easements been provided for_ SIP 5 9. Are there proposed recreational amenities to the City ~IP~ Explain ~S' ~'d~r~-~ r is v,T bi k~~,-I-(-, ,;,, ~ orV~v,~~cr~ ar~cL 10. Are there proposed dedications of common areas ~ e5 Explain ~~~~~~~ L~.~~rlset,~i'rn ~- srY~i I nz hbor haxl area -I-a~- lo+ on Sou+b~ 5ide, For future parks~~Explam 11. What school(s) service the area .. C ~~ ~ z+ ~p ~ Do you propose any agreements for future school sites._., N a Explain ~ i ~ i5 -~-a~ ~rY~, (l v ar~U Sc li~~~~ l 61~e, 12. Other proposed amenities to the City__ I~lc~-~~~ Water Supply NG~~~ Fire Department ''o ~~ ,Other Other 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Sinale family _ 15. Proposed development features: a. Minimum square footage of tot(s) b. Minimum square footage of structure(s). ~.Ir t'.c~~eX~C~.~(~~ c. Are garages provided for ~. square footage, y(~U rY~ i r~ i rr~u,u~n d. Are other coverings provided or_ Flo e. Landscaping has been provided for ~(t' Describe by I~ior~~e, o~~~rr~x~ ur~ I~~or~r~,o~.~r~lirs as~c~a~on ~~ ,xv c.o~zv~C~.~-f-s f. Trees will be provided for ~.~ Trees will be maintained I~on:~ oi~r~r-s ou~~ V~or~e.~u~r~>.Xs c~~so~r~-c,or~ g. Sprinkler systems are provided for rr~ ~ ~~r~ ~<_ h. Are there multiple units N Type Remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for ~(~S Explain_ ~r iya_~-~, dr iye,r~r.y<, k. Value range of property ~ ~ ~ , X)U - # I' ~ ~ ~x~b I. Type of financing for development_ C~chyeh-i--~ ov~ci I m. Protective covenants were submitted No Date 16. Does the proposal land lock other propertyNo Does it create enclaves~o [~ GOVl RNN[NT LOT . YN ILATTCD N 001M3.' [ 1TSDR' idD'~-_ -~-r'~- i~-1~~--~'- ~ a~-~Or,--1Ql--~lLd-~-d.~-t-DWI _.. q ~. 1 ~, 1 11 ~NI ~ I - ~~ va. ^ I I r .. -. _ _ ~. -s ~ W ~ I ' __ I _ I I ~ ® ~ 1 -_ ...R ~~~ I 1 ~ l ~ ~ c\ I 1 ~, III i wN• ', 1= ® i I i ~ (.`. III I T, i F~R I, i 11 I _ _ li l - I T. 1 & n t; ~ n , 1 .~ I I I ~ I 11 L; . 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I~ i ~ ~ ~'-i i i o O O ~ ~ I ~~ ELI i Z ~~ I \i ~, ~ r 00 VCRMNCMT LOT 1 ~ aR UNRLATTfD ~ ~ `! ~ m j 5 m p ,am,n„ Ro_ m ~ [ ~ 4 1 bu~,¢: .. I I I I ~~ i ~ I -, ~. ~~i; ~ ~~ ......... `° ~ t ~ lil ~ ~ ~ ~~ ~~~~. ~ ~ ~ t. ~ ~fl ~ ~ laaur :RDK I I ICI I 1 1 5 IiJ N, R I'~ I'~p ~iR il~ 114 I~ ili ~~I~ II~ ~~~ MI ~~I~ ~~ I;I III I;I I''I I'll I''I I;I lil III I•II ICI 111 I'Il ICI Ijl II III ICI I'll II II;I I;I I • ,. ___.', AM ~ ^ ~! i C -~ ~ . r ~ ~ _.. ... • ~ ~. ~ ~7 i ~.C- ~', ~ ~ ~ ~,__` 6' v! J ~. ~_ RT .. ~a~~;N LN. ~-v T.) RT ~~1/ ~ ~ ' ~ ~ N - NO ~ y N • ~O P +EKA O ~, ` I O J ` PL. ~ ` H ITI_ ~ Q ~ N. ANSTON AVE. N. ANSTvN AV£. ~ T 3~, 4 ~ I 0 ~ o I r I ~ m ~ ` _ °' (~ i N (M ~ ~ ~ V ~' V 7( I u y ~ m ~ y H o ,p ~ -i~ ~ m ~ fJ 9n _ ` ~ ~ u y A cr N A~ - W v y ~ U ~~_- ~ ~~ n ~O r ~ ~~ CZlbd ' N -'- ~ :71 OO~~'l} N N ` M OO ~ e I ~dN` ~~ ~~ I m I y T Qn N ~ ~ ~} "' I ° r~ n I ~ -I _ ~ I 4 m o0 _ N;Y ~ _I~ ~~ N m~ ~ ~~^ s ~ m m IN n' _ rn ~ y p .. i a „ o ` ~ N ~ a e ~ ~• D y, ~ 2N I i D a + q r N e ~ c e W ~ - y ~ ~ w ~ ~ F-- ~ { *~ ~ I 2 0 ~ ~ ~ ~ v (] ~ V1 s q $ CI ~ ~ C 8 A~ y` ~ 7f `~ o ~ v a = ~ o ' V ~ m _ _ _ A 9C N I ~ ~-' ~_ N ~ OI A a o a ~ I y v -' m r I ~ I iO ! ~~ a 1 N CAPECO WY. I m V ' ~ ° b ~ '~ '' -~ of t~ •s p ro _ r ,~ a ~ ~ H "' ~ u \./ ~ ~ f T1 1 m ~ W N. WJI_VEpID'C A~ Q- '~ / ~ r f1 ~ , ,S ~ ~ I ... ~ ~ N ; ? ~ ~ G Q- /gyp ' ._ ri ~ Q - ~ N ~. N ~ ;~I 5. ~ ~ ~~ a ~ r- f ~ N ~ D N'I 3 ~ % wy ~~ ~ ~ I~Vi ~ wl ~ ~ > v _ ~/ OFF ,~, A ~ -- -- _. T _ ~ (y a y n ~ O ~~ N ~ 1 1 V •I , ~ \ w` 0 ~~3 `_ ~. 1- ~ a ` ~' .. ~. '~ \ ~ ~ ' I~' ^R 60vRlMr(MT Lor . ~~ {~ YM~LAf TLa ~ , M Oa1.'N' [ 1713Rf + ~ i ~ I; _ = ~~~ ~ _ d ! I 1 1 ., ~ , 5 I' I 1 j ~ i V I i ~ I ~ ~ ~ I B ;-• I, i ~ ~ I' i I' i ~ r-n t~.~ n fl 1 ' r'~ & I'~ I ~ ~I I t I ~ Iii Ili ~ ~ ~~ I i I: e I I I Q _ ~ ~ ,~ 1 ., I' I I~ 1 _ ; , I; c -, ~ III ~ :: i I 3' L~ 1 I ~C I I , I 1 , I ~ ~ --y~_ I:1 • .~ , ,~,.~ I, I y i n ; ~ i i i .~ ~~ U ~~ _r'~~~ ~ ~ ~ I ~. a ~, I ~~I =' II ~ I - ICI ~'" ~''~ ~G I ~ ~ • ` ~ ~ ~ ~~ -- -- j~ i Q i I~ ~" ~ i ~~ I I v ~ ~,~ oov n lJ k I i ~ ~ ~ •u', I 1 v & "~ v 1~ ~1. C , ~ ~. I ~'`~~ < (~ ~ ~', ~ 10 ~ ~ v ~ ~ ~ ~ a J ~~\ ~~ ~ J a J I~ ~ u ~ v O p~ ~~, '~ !"i _~ _ _y . ~ . saw _ ~'- 1 ~ N OOV[R rY[Mf LOT 2 ~ ~ YY•LATTLR m ~ ~ w 1OICIM Ray s -*-t I I I I i l, I~ z ~~E~~; ~ •.~ ,, I I I I ~ 1 1 I ~F ~~ IE .;I { ~ l0 ~ a. ~i 1 5 _, _ _ ~~ ~ ~ ~~~ ~ ~ 1. t ~ ~~ ~ _~ ~~ ~~ !.~;~ I;I I',I I~I I I;I I!I I;I I;I III i III II III 1i I:I ICI ICI I!I I'.I I',I j I;I ~ I'I I I:I • I I i « "" OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Department (208) 887.2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrate JIM JOHNSON Chairman -Planning 8 ZoninS TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11 1994 TRANSMITTAL DATE:- 10/01/ 4 HEARING DATE:__ 10/18/94 REQUEST: Final P~~+ f,.. Q..~s__~ ... _ _ BY: LOCATION OF PROPERTY OR PROJECT: •u o stirlr Rn~~ Eas of Meridian D.,~.r JIM JOHNSON, P2 MOE AI-IDJANi, P/2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT _.ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT -SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMp-TION(PRELIM 8 FINAL PLAT) CITY FILES -OTHER: YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W, BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE i~ALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887.2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO WITH THE CITY OF MERIDIAN JECTS To insure that your comments and recommendations will be considered b Meridian City Council, please submit your comments and recommend y the Merldlan City Hall, Attn: Will Berg, City Clerk by: cto r atlons to TRANSMITTAL DATE:_10/01/94 11 '~9 4 REQUEST: Final pia+f... o..~r__, _. _ HEARING DATE: 10/18/94 BY: LOCATION OF PROPERTY OR PROJECT: t t' e ' 'a Road an Fae* ,,,: JIM JOHNSON, p/Z MOE p+l-IDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C _._._.BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT .-,.-SEWER DEPARTMENT ____BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER ..-.-CITY PLANNER -,.-.-MERIDIAN SCHOOL DISTRICT ____ MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ______ADA PLgNNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS fRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ili FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMgTION(PRELIM & FINAL PLAT) - CITY FILES OTHER: YOUR CONCISE REMARKS: ~~~~ ~~~ HUBBL~ENGINEERING, INC. a 9550 W, Bethel Court • Boise, Idaho 83709 ,b ,~yl TRANSMITTAL LETTER To: /~ ~i2/ ~iq ~ Attn: s'~/~2/ STi~ WE ARE SENDING YOU: (208) 322-8992 • Fax (208) 378-03, DATE /~ - 3 ~. Job No.: Project: ~F/~F-O2~ pL~9 c~ - As Requested ached ,_ Under Separate Cover, Via FOR YOUR: ~e - R~6rd -Bidding Cost E,sti - Information ~f{eview and Comment - mating THE FOLLOWING: _ Prints _ Specifications Copies Date REMARKS: - Plans -Samples - ~ _, Shop Drawings py of Letter Sheet No. Copy To: _ Wlth Encl. By: _ With Encl. ~•-~. .-. With Encl. Signed: C ~..~~ -~"~--- ~~-...,,...e-.y TOTAL MILES: TOTAL TIME• TIME DELIVERED RECEIVED BY `,`~ gNCl~y~~ s. HUBBL~ENGINEERING, INC. ~ 9550 W. Bethel Court • Boise, Idaho 83709 ~9ti o~~ (208) 322-8992 • Fax (208) 378-03, TRANSMITTAL LET/TER Attn: s ~~2 WE ARE SENDING YOU: C <= DATE ~~ - 3 '-mot ~J Job No.: Project: _ As Requested ached _ Under Separate Cover, Via FOR YOUR: ~e - R~rd _ Biddin - Information review and Comment g -Cost Estimating THE FOLLOWING: - Prints _ Specifications Date REMARKS: - Plans ,_ Shop Drawings Sheet No. - Samples -Copy of Letter Copy To: _ With Encl. By; _ With Encl. ~~. _ With Encl. Signed: ~ ---,..__--~-~ w~~~ TOTAL MILES: II TOTAL TIME• ~ TIME DELIVERED: RECEIVED BY: _._ ^~ --l ,~'.' c`~ ~ 6 ~ggq, ''' !' SU~IVISION EVALUATION ~EET _; _ _ _ ;~ Proposed Development Name BEDFORD PLACE SUB City MERIDIAN ~_~--- Date Reviewed $/25/94 Preliminary Stage XXXXX Final Engineer/Developer _ Hubble Engr. /Brighton Coroeration The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ ~~ BEDFORD PLA E B 1 S/ ~~ -E%(X~-fu~~~ C SU ~ VISION X. ~~ ~ Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the slat as: "E. USTICK ROAD" "N. CURT DRIVE" The following new street names are aooroved and shall aoaear on the plat as• "NORTH ARROWWOOD WAY" "E ADDESON STREET" >~ -- "E ED AR STREET" The following prooosed names may be reserved to be used on this subdivision olat• "BALDWIN" "OBERLY" "WAKELY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, /,1~1;~1CY_REPR~6`~NTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada C~ time of signing the "final play, otherwise the plat will not be signed !!!! c...,.,. i.,a,,.. Post-it" Fax Note 7671 Date ~ 30 aa°~~ To ~ ~-~ From err co co. , ~ ~ . » : p Fax • 3 ~ J " O3 Z Fax ~ (~5 - 5 a 7'! _ Date Z _ Date ~S Date ZS Engineer at the Sub Index lM "E. SEDGEWICK STREET" • • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Bedford Place Subdivision 2. General Location, Gov. Lot 3 Sec. 6 T.3N. R.1 E. 3. Owners of record, Brighton Comoration Address, 12301 W. Explorer Suite 200 Boise ID 83713 ,Telephone _(208)378-4000 4. Applicant, _ Hubble Engineering Inc Address, 9550 Bethel Ct. Boise ID 83709 5. Engineer, Gene P. Smith Firm Hubble Engineering Inc Address, 9550 Bethel Ct. Boise ID 83709 ,Telephone (208)322-8992 6. Name and address to receive City billings: Name:_ Brighton Corporation Address.12301 W. Explorer Surte 200 Boise ID Telephone 378-4000 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 21.6 2. Number of Lots: 89 3. Lots per Acre: 4.12 4. Density per Acre: .24 5. Zoning Classification(s): R-8 • • 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt Yes--Finch Lateral 8. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City Yes Explain_Green Pathway ~ 10. Are there proposed dedications of common areas Yes Explain_ Along roadways For future parks No Explain 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City None Water Supply None Fire Department None ,Other None Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s) 6,500 sa. feet b. Minimum square footage of structure(s) 1400 sa. feet c. Are garages provided for Yes square footage. 400 sq. feet d. Are other coverings provided for N/A Landscaping has been provided for Yes Describe Common area lots w_ ill be landscaped and maintained by Homeowner's Association f. Trees will be provided for Yes Trees will be maintained_ (in common areas) by Homeowner's Association i ~ g. Sprinkler systems are provided for Common areas• pressurized irri ation provided to each lot. h. Are there multiple units No Type N/A Remarks None i. Are there special setback requirements No Explain N/A j. Has off street parking been provided for N/A Explain N/A k. Value range of property. $100,000 - $125 000 1• Type of financing for development Conventional and FHA m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. C.• I WPSI IformslP&ZSUBD • • "`' `~ RUBBLE ENGINEERING, INC. v ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/37&032! ~tio _, oQ' September 30, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: BEDFORD PLACE SUBDIVISION Dear Ms. Stiles, On behalf of our client we hereby submit the final plat application for Bedford Place Subdivision. The final plat is in substantial accor .dance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, David S. Nelso Project Coordinator D SN/vw/I : finlpl at. ltr ~~0 t~ ~~ O ~ ~~ {~ Z O q~ ~~ ° ~~ ~ ' CJ ~ Z Z mZ ' p Z O ~ p (mil Z WUQ~ w ~ ~ ~ ~Z~Q~ Z z w ~- J ~'T~ W' Q ~ >Z v i w O m I ~ O ~ ~ ~ Z Q w J m _ W ~ 2 ~ Z W q° • 0 ~~ O~ Q r_ ,~~~~ w•e •a~•a z~ ~~ m ~~ ~~ ©_ '~i 3 ~~ ~~. ~~ ~ ~~ J L ~ ^. ~ c- J A ..w.e ~.3i. ,~~'1 e w e ''Ml"a N[•1 W ~~ ~~ g'~~ ~ ~~~ INS b`li Lis ~~~ i I .• I', • e • ~ III ~~~; AWN ~ ~~~ $~ ~~~:s~ i ~, ~ ' i• ~ r A i of w z J ~r~~~ :6 ~ ~~~~ ~~ ~~ ~~ ~~ii 6~ !$ ~~ l ~~ ~~ b, 5~ ~:$ ~e~ ~5~ ~~ b dr ! ~~ ~~~~~t~ ~~.~~E~ ~ ~ ~~ ~ ~ ~ 9 , ~ ~b ~r ~R ~~~~. ~~~~ ~~~ ~@ B~ g: a t e s o a a t ' 11 •~i2f25=::994 11:35 12053779952 BRIGTOhJ CORPOR~TIOh: PAGE 02 rRANS sr INF • . . TYPE 1~ ENb ~ S~S2DE ~ CpDE ~ • REIS$SJE AAAOUNT ~ ~ PROP TY 5 OWNERS SCHEDULE A I E FI MBA ?QLICY NUMB R DMA E_OF POLICY ~ UNT F ~' PRE P128682 134001 BO 007488 FEBRUARY 10, 1994 asoo,ooo.oo a,a~o.oo A€ OF 3:57 P,M, ~. Name of Insured: HELEN V. DAVIS, A WIDOW, FQR LIFE, WITH THE RI=MAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 2. The estate or Interest !n the land which is covered by this policy is: FEE SiMPi.E S. Title to the estate or interest in the land fs vested in: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE REMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments: and the mortgages or trust deeds, if any, shown In Schedule B hereof, 5. The land referred to in the Policy Is described as follows; SEE SCHEDULE C 12~9977B952 BRIGTOh•I CGPPORATIGh~ PAGE 03 • OWIVERB • SCHEDULE H Pd~cy Number: 12 ~ p o EXCEPTIONS I=RON COVERAGE This poi(cy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Except; (~) Rights or olalms of parties In possession not shown by the public records. (2) Encroachmerns, overlaps, boundary Ilne disputes, and any other matters which would be disclosed by an accurate surveyor fnspectian of the premises including, but not Ilmfted to, Insufficient or impaired access or matters contradictory to any sunray plat shown by the public records. (5) Easements, or claims of easements, not shown by the public records. (4) Any Ilan, or right to a Ilan, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining Claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as exiting (lens by the records of any taxing authority that levies taxes or assessments, on real property or by the public records. Proceedings by a public agency which may result in taxes pr assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Special Excaptivns: The mortgage, if any, referred to in Item 4 of Schedule A. 1 • GENERAL TAXES FOR THE YEAR 1984, WNIGH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2- LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NEW YORK IRRIGATION pISTRICT (343-2962) 3• RIGHTS AND CLAIMS IN AND TO DITCHES, CANALS AND/OR LATERALS WHICH ARE LOCATED OVER AND THRU SAID PREMISES. 4• TERMS COVENANTS AND RESTRICTIONS OF SAID LIFE ESTATE SET FORTH IN DEED REIrORDED AS GRRANTOR AND R GHTON CORPORgT ON, A~N~It5024 BETWEEN HELEN V. DAVID, A WIDOW, DAHO CORPORATION, AS GRANTEE. END OF EXCEPTIONS CONTINUED • ~1/1a1~994 11:35 12@83778852 BRIGTON CORPORA TIOFJ PAGE @4 Pi28882 f3 400f 60 007488 • • NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS SEEN MApE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FQR SEYVER, WATER, GARBAGE, IRRIGATION AND OTHER POgSIg~E UTILITY SERVICES, Countersigned Signatory SCHEDULE B ($TANDAF~p COVERAGE) Schedule B of this Policy consists of 2 pages, 02/25/994 11:35 120$3778362 BRIGTOFJ CORPORATIGrJ PAGE 05 GOVERNMENT LOT 3 OF SECTION~N TOWNSHIP • ADA COUNTY, IDAHO 3 NORTH, RANGE 1 EAST OF BOISE MERIDIAN 1N EXCEPT THAI' PORTION LYING WITHIN THE USTICK ROAD RIGHT-OF-WqY, INCLUDING IN SAID EXCEPTE PORTION 8UT NOT NECESSARILY LIMITED TO THAT PORTION CONVEYED TO THE STATE OF iD D DEED REGORDEp IN BOOK 215 OP DEEDS AT PAGES 118 ANp 119. AHO BY END OF LEGAL DE~IPTION 3~z3~Gr7 . I' a! / Z 3(0 !O ~j~Z ~ ~~ o~,o 11:35 12083775952 BRIGTON GORPGRATIi2f _ PAGE 05 1208„78952 BRIGT Ot`I CDRF'ORr:;TTiJf; PAGE 01 • ~~ htoa~ CorPora~ion FACSIMILE C4V~ER SHEET To: ~~ ~.J~+~a~,~ ~-~ ~6~~~Ea~~,~ From: r---' u ~o \~, ~ Brighton Co -~' rpo~'ation FAX: (20$x-37°7-89~? TEL: (208 )..37$-40Q0 ~]ATE:~ a~as~ NUMBER QF PAGES --- (INCLU~ING THIS SHE$'T); (o -'---Y------ --_____-~ -...__.. ~~NJ \ S ~ ~ ~L ._ _._.._ ----- {1 !' _. I ~ -~ ' !! ---~-.._ fff 12307 j'~! Explorer Drive, Suite 200 Boise, Idaho 837p4 ,, • TEL 208-378-40()0 • FAX 208-377-8962 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 3, 1994 Mr. Dave Nelson Hubble Engineers • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor Re: Bedford Place Final Plat Dear Mr. Nelson: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I need the following information prior to processing the Bedford Place final plat: 1• A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 2• Street name approval letter from Ada County 3• Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet subdivision and scale on map(1 Only30the~ subdivision a namef street names, and lots and blocks need to be shown on this map. It is important that this be accurately scaled. If I receive the information today, the final plat will be heard at the October 18, 1994 City Council meeting. Thank you. CITY OF MERIDIA Shari Stiles ~~ ~ HUBBL~ENGINEERING, INC. ~ • 9550 W. Bethel Court • Boise, Idaho 83709 ~y° sJ~v~,o~~ TRANSMITTAL LETTER To: C 1T~ of /v1~ Z rr~ig ,~/ Attn: 5'~/f/ S %7c~S DATE 9 - , (208) 322-8992 • Fax (208) 378-03~ -9 Job No.: Project: ~r~/J~v/lr~ 3r.~3w7r~i~o~/ ~•~ HnC 5tNU1NG YOU: ,_ As Requested ~tached _ Under Separate Cover, Via rvt'i 1'VUh(: - ~ 1 Use ~er~~ _ Biddin - Information -'Review and Comment g - Cow ~imating THE FOLLOWING: _ Prints Plans -Samples _ ~ _, Specifications -Shop Drawings py of Letter t;opies Date Sheet No. Description ~Giy T S/G.~ ~ E ~~ r v ~. ~ L T-- -- ~b s C',a~ ~ - vi L T REMARKS:~f-~~~ ~ l ~4~5~ Copy To: _ With Encl. _ With Encl. With Encl. TOTAL MILES: TOTAL TIME• TIME DELIVERED RECEIVED BY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 3, 1994 • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor /' S,~:~- Mr. Dave Nelsonw~~t Hubble Engineers 3 ~ ~ ~ ~ ~ Re: Bedford Place Final Plat Dear Mr. Nelson: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I need the following information prior to processing the Bedford Place final plat: 1• A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 2. Street name approval letter from Ada County 3• Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include name of subdivision and scale on map. Only the subdivision name, street names, and lots and blocks need to be shown on this map• It is important that this be accurately scaled. If I receive the information today, the final plat will be heard at the October 18, 1994 City Council meeting. Thank you. 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The final plat is in conformance with acceptable engineering, architectural, and surveying practices and local standards and is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, David S. Ne Project Coor inator DSN/vw/2132.1tr ~~ ~~_ H ~ • UBBLE ENGINEERING 1 ~ ago w. Bethel Court • eoise, Idaho e3709 ' NC. ~~) 322-8Sg2 • Fax ~20g) 378.pi~ TRANSMITTAL ~ETI'ER To: , Ty ~iDi~ Attn: s~ , • 57~~ WE ARE SENDING YOU: Requested `~A _ ttached FOR YOUR: Use _ Information THE FOLLOWING: _ Prints _ Specifications DATE /v~ 9y Job No.: 9y-o3~-- Projectt _ Under Separate Cover, Via _ Record _, Bidding - _ Review and Comment _ _ Cost Estimating ._ ._ Plans . Sip Drawings Copies Date Sheet No. /~ Z REMARKS: Copy To: . Samples ,_ .•- SPY ~ Letter _,.. With Encl. _,,, With End. _ With End. ey: Signed: TOTAL MILEg: TOTAL TIME: TIME DELIVERED: RECEIVED BY: f ~ j=~~'~~j'~E~g~M`tt~,~~ ~' ~~,! ~~ i ~s ~f!s ~ :° ~ ~~~~ ~ ~11~,!~i~~b'~1~~~ ~ ~!!~;N6~: l;~~ t 6~ ~ Bis ~ ~ t ~~ seEi 1 6 ~ '!` t7 ~~~ t~ ~~ ~p~ a ~ c jF ~~ 6111 ~ ~Q' 777 ! 5 w` ~ ~~ 1 i ' ~ N I~ ~~ ~ I ~ .,.~ ~ ~~.. e a p d~ON ~~E~ /Ir ~~ 4~. i I, i z'~ I . S~ a$ ~ ~~~ ~ ~~ 8r ~, s, "~ ( i n ~ ~ ~, ~;I~ ~ . 6 a s I 1I~ ~ ~ aS 4S 7 SA ~+; n ~~r s ~€~p ~ ~~ ~ g~3 g4 $9 ~ 8 ~~ ~g~ §~~ ~~ i ~ A F € R~; ~.e.. .E; ~~1 N =~~~~»,)~~~~~.y YC}-Tay-... - i I~ '`t ~~ s ~` ~0 68 ~~ 8~ ~~ a. e` yNe_~..EO ,~ i ' ~.I !N '~ b ~-f ,8 ~~ ~T ~ m g j~^~ _ ~~la c~c ~``' ~ • A x p Qj C Z ~ ,- ~ O ~ m pZr~~y r^ r r ~t'F~ ~ ~ ~~~DAZ^ ~ m m ~` j Vt!~ ~ M C'J ~ S 2 3 A C' Z ~ i O 2 -i a ~ = r ~ D l++ ~' ~ ~ : ' ~ m ~ ~ b r g ~ j ~I ~ 9 O /I~ ~ I I Q I ,~_ ~i e 0 e E 1 1 i i MERIDIAN CITY COUNCIL MEETING: ARCH 5 1996 APPLICANT: ITEM NUMBER; lO REQUEST;. RELEASE OF NON DEVEL PMENT AGREEMENT FOR BEDFORD P C a~ ~Rr11Vl ION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~~ c~ ~ ~,~P ~o~ Gtr~fg~ f~~~~ ~J~ ~ ~~'~ ~ (~ ~~~~~r a~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD MEMORANDUM: Mayor To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; BEDFORD PLACE SUBDIVISION (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning October 13, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1 • This Plat generally conforms to the previously approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Narne, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 3. Item #12 of the"Conclusions" in the Amended Findings of Fact and Conclusions of Law states; "that the total density for this subdivision is 3.87 units per acre", however the application included with this submittal indicates that this plat will have a density of 4.12 units per acre. 4• Please revise the general notes as follows: (9•) ... highest a ish seasonal ... (11.) Direct access to N. Arrowwood Way is prohibited. (12.) All dwellings shall contain a minimum of 1400 square feet of living space. S. The street frontage of Lot 6 Block 3, Lot 10 Block 4, and Lot 9 Block S need to be increased to provide a minimum of 6S feet, per R-8 Zoning requirements. 6• The Right-of-Way width dimensions shown for N. Arrowwood Way need to be revised to read S6 feet instead of S7 feet. 7• The sum of the segmented parts of the north line of the NWl/4 of section 6 don't match the distance shown in the Basis of Bearing. 8. Please label the "1/4" shown on the north line of Section 6 as the "N. 1/4 Corner of Section 6". 9. A 10 foot wide easement needs to be shown along the south boundary of Lot 8 Block 2 for the proposed storm drainage overflow piping. 10. Please provide the City with a letter from the Nampa & Meridian Irrigation District approving the proposed storm drainage overflow piping as well as their approval of the plans for piping and/or relocation of the Finch Lateral and Onweiler Lateral. The plat map needs to reflect easements and/or right-of--ways for these two laterals. Note number 6 states that Lot 26 Block 4 will be owned and maintained by the homeowners association. This Lot will have the relocated Finch Lateral crossing over it. 11. Please provide the City with a letter from the Ada County Highway District accepting the maintenance responsibility for the storm drainage overflow piping. 12. The bearing of the south boundary of this subdivision doesn't comply with that of the existing north boundary of the adjacent plat of record Fothergill Pointe Subdivision Number 1. Why? 13. Please change the bearing call, in the eighth line up from the bottom, in the legal description of the Certificate of Qwners from SOUTH 00°25'34" EAST to SOUTH 00°25'34" WEST to match the face of the plat. 14. Revise the domestic water service origin note in the Certificate of Owners to read; All Lots within this plat will be eligible to receive water service from the City of Meridian's Municipal Water System, and the City has agreed in writing to serve all the Lots in this subdivision. • • MERIDIAN CITY COUNCIL MEETING: October 18 1994 APPLICANT:_BRIGHTO CORPORATic~N AGENDA ITEM NUMBER:__ 10 REQUEST: FINAL PLAT Fo BEDFORD PLACE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMM NTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~v 3EE ATTACHED COMMENTS ~ rj ~f 1 ~ C /. (N - ~ lam' - /~ ~~~ G~-~~ r Yom' V p ,~ ~~ ~ ~r ~ ~ uv HV' ..Xr'/ ~~~~~ ~„inn ~w MERIDIAN CITY COUNCIL MEETING: JULY 18 1995 APPLICANT ITEM NUMBER; 15 REQUEST: CCl6R~c CACI ~Cnr~ww _. _ _ _ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: S~MMENTS ~. I Materials presented at public meetings shall become property of ~e City of Meridian. _. • Meridian City Council May 16, 1995 Page 77 when you talked about Lewiston applying for a remote non-contiguous site and that would be very difficult for Lewiston to do because they are 275 miles away. Doesn't that same thing apply if Lewiston is the Foreign Trade Zone and Meridian applies to be a remote non- contiguous zone? Kingsford: No, because we have a customs office in Boise. Morrow. Mr. Mayor I would move that we authorize the Mayor to conduct the negotiations with respect to the Foreign Trade Zone on our behalf. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to conduct the issues of the Foreign Trade Zone on behalf of the Council, all all those in favor? Crookston: If it is required does that include the Clerk's signature? Tolsma: Withdraw the second Morrow: I withdraw the motion and I wish the motion to read that the City Council of Meridian authorizes the Mayor to negotiate the Foreign Trade Zone items on its behalf and that should contracts be signed that they be signed by the Mayor and attested to by the City Clerk. Tolsma: Second Kingsford: Moved by Walt, second by Ron to authorize the Mayor to enter into negotiations on the Foreign Trade Zone on behalf of the Council and to have him sign contracts and authorize the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea Adams: Thank you gentlemen, that entire everyone has completed that sign off we are waiting for you so we will present that original document to you so I will call you. ITEM #21: BEDFORD PLACE DEVELOPMENT AGREEMENT: Kingsford: Wayne did you get the return of that from Mr. Smith this afternoon? Crookston: I did not, I talked to their office, I tried to get a hold of Gene Smith and he was not in the office at that time. The secretary thought he might have been with Mr. Turnbull, s Meridian City Council May 16, 1995 Page 78 I did talk to another Smith, Brian Smith and he said that he would try and communicate to Gene as best he could. He asked me how tong I would be in the office and I said I would be there until 6:00 and I left the office about 6:15 and I did not hear anything back. As I indicated I did not fax my material to Gene Smith until approximately 2:00 today. Turnbull: Gene and I were in a meeting at the Building Contractor's Association from 4:00 to 6:00. When I left Gene gave me a call we live approximately in the same neighborhood he had the fax copy that Mr. Crookston faxed to the Hubble office he had that delivered to Gene's home, and Gene called to tell me it was there. Hubble Engineering had also made the corrections that Wayne requested in the development agreement and I brought the copy with me here. It has been corrected as Wayne has requested. Kingsford: I would entertain a motion to authorize the Mayor to sign that development agreement conditioned upon Counsel's review and make sure it does meet those comments. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to authorize the Mayor to sign the development agreement for Bedford Place Subdivision subject to the Counselor's quick review of that and make sure it complies with his findings, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, point of order, I think the City Clerk has to attest to that signature. ITEM #22: DEPARTMENT REPORTS: Smith: Mr. Mayor and Council members on May 10th we had a bid opening for pump and control equipment at Well No. 12 as part of our rehab project on that well. We had 2 bidders, Caron Pump Water Systems Inc. and Riverside Inc. and I have handed out to you a copy of the bid summary. Also attached, let me continue on. The apparent low bid at that time was Riverside at $75,350.99. Attorney Crookston took the bids with him or I believe Bruce Freckleton delivered them to Wayne because there was some concern about the responsiveness about the bid, each one of the bids. And Wayne (inaudible) the bids and attached to that summary sheet is Wayne's memorandum to myself and Bruce Freckleton. (End of Tape)The 2 bids both of them are somewhat non-responsive. The bid that Riverside submitted is more non-responsive and they are non-responsive to the extend that they are by State code required to fist their mechanical and electrical sub- ~ ~ ~j Meridian City Council July 18, 1995 Page 41 Smith: Mr. Mayor this is similar to the non-development agreement that you previously approved for Bedford Place. Kingsford: So we are talking about anon-development agreement, I see from Will's notes that Wayne has marked that up substantially, Wayne do you have a comment for the Council? Crookston: Again your honor I haven't reviewed it since I did those comments. I don't know whether or not those changes have been made. Smith: They have Mr. Mayor, I sent a faxed copy of Wayne's comments to Hubble Engineering and Tracy Persons over there made those changes and sent the revised back to me. They did incorporate, I checked it against Wayne's comments and they did incorporate the comments. Kingsford: So, Counselor, what is appropriate here? We have to approve the non- development agreement and authorize do I have to sign that? Crookston: Yes you do, you and Will have to sign it. Morrow: Mr. Mayor, I would move that we. enter into anon-development agreement for Summerfield Subdivision No. 2 and authorize the Mayor to sign and the City Clerk to attest that agreement with SummerField Subdivision and Gary Voigt the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max to enter into anon-development agreement for Summerfeld Subdivision No. 2, Gary Voigt, authorize the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEDFORD PLACE: Kingsford: Counselor have you reviewed those and do they meet with your approval? Crookston: I reviewed them and I think they have made all of their respective changes that I asked for. Kingsford: Will is saying that they have, is there a motion on those CC&R's? ~. • Meridian City Council July 18, 1995 Page 42 Yerrington: I move for their approval. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the covenants, conditions and restrictions for Bedford Place Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Kingsford: Mr. Smith? The bid opening results for Well No. 16 pump and pump house. When was that closed I somehow missed that I guess? Smith: The bid opening was on July the 7th. Thank you Mr. Mayor and Council members, I will hand out a copy of the bid results for you to look at. It looks like I handed out my copy too. We had 3 bidders and the low bidder was Turn Key Inc. from Emmett, Idaho, $164,608.53. They had a couple of small errors in their bid but that number is a con'ected number. The other bidders, Ross Enterprise out of Jerome, was second bid and Riverside out of Parma was the third low or the third bidder. We have not worked with Tum Key Inc. before but they seem very anxious to get started and they are licensed public work contractors. Morrow: Do we have references on them? Smith: I don't think anywhere requested in the bid documents, I don't recall that we had a reference requirement. Morrow. It seems to me like that I am not familiar with any three of these companies and I guess my natural question is that where are our local guys? Smith: Riverside did No. 15 for us and they build the pump house out there and plumbed it. Ross had bid one time before I believe but he was not successful there either. It is a pretty straight forward job, there isn't anything real complicated about it. It is a masonry block building and some access road and of course the pump is pump and motor is all purchased items and we just have to be sure that their workmanship is such that everything fits together well and works well. Morrow: Wouldn't it be to our benefit to have reference requirements within our bid documents to that we can do some follow up to be prepared for what we need to do from a management standpoint to ensure that quality is there? • Meridian City Council July 5, 1995 Page 16 what I feel about the situation. I think Shari said I didn't use strong enough language, but anyway. I just wanted you to be aware of what the reasoning was behind what was happening out there on the tiling of that ditch. What I felt was an equitable situation for the developer to recover his cost. I guess I had a little bit of a problem with the and it is really not my job description but the density of the subdivision in the beginning and this I felt was something over and above that they may be wanting something more than what they need to recover the cost of piping that ditch. Kingsford: You have all read Mr. Smith's memo on that, any questions that you have for him. I think it was pretty precise as always Gary. Mr. Chairman? Johnson: Nothing your honor. Kingsford: Chief? Gordon: Nothing Kingsford: Mr. Crookston? Crookston: Just some comments on Gary's comments on the Bedford Place development agreement. I think where that arose, I was not involved in the initial meeting with the developer and the City people. So when I got involved in it I didn't really touch base with the idea of limiting the number of lots that were going to be added to the subdivision to only cover the developer's cost in doing the tiling. So I think that is a little bit, maybe it is a situation where I should have been involved in it but also maybe it is a situation where I should have gotten more facts from the people involved and found out what we needed to do. If it is the Council's decision I think it would be appropriate for me to send Brighton Corporation a letter to the effect that is what is going to be, excuse the additional lots would be only to cover their costs for the tiling of the ditch. When I discussed this with Gary I had told him that the reason that I had put in the agreement in this paragraph 23 that it would be up to the Planning Director to have the ultimate say over it. I specifically address it on the basis that this would cover the cost idea but I think this also falls within that line of thinking that Shari would have the ability to say yea or nea. I don't even know if Shari was involved in the meeting. Kingsford: I think what is going to be an issue is probably a good idea that those thoughts are forwarded to the Brighton Corporation because they will want to consider those as they look at replatting. Certainly the Council is going to have the final say on how many lots they may or may not have. They are going to have to approve of that revised plat. (End of Tape) • • Meridian City Council May 2, 1995 Page 14 may come to that. I don't think it is there yet, but I have just seen notes evolve from 5, 6, 7 notes, now on this last subdivision like I mentioned there was something like 17 notes on that page and it gets really busy. Corrie: Mr. Mayor, as the plat, you have the plat page and the signature page is that page 1 of 2 and 2 of 2. Maybe we could say it is 3 pages then and then it is up to the developer whoever it is that they better make sure that they have all of those pages. May not want to pay any attention to the signature but if there was 3 I would think that if I were a builder I would pay attention to the builder. Kingsford: The notes ought to be the second page (inaudible) Corrie: That is correct. Kingsford: Well, dully noted and you have been City Engineer for how long? Smith: Since 1985. Kingsford: Longer than 16 months. Morrow: That is alright I will still challenge him. Stiles: Mayor and Council the next item is the Bedford Place Subdivision that is adjacent to Fothergill Subdivision to the north. If you will remember this is the project that was having a hard time getting their R-8 zoning until they convinced the Council it was the amenities they were providing were going to enhance the City to the point where you would welcome this subdivision. The bike path is designated along the South Slough, and was a natural, I considered it to be a natural waterway that was very pleasing and a nice amenity. Unfortunately this subdivision has relocated that to in some places as close as 6 feet to the adjacent Fothergill Subdivision. It is close to 10 feet deep, extremely deep slopes, Gary estimates about 1 1/2 to 1 maybe. This was done last Monday I believe and the calls immediately started coming and have been coming in on a daily basis. Wanting to know what is going to be done, threats from people that they were going to sue the City, realtors going to sue the City, going to sue Brighton, they are going to sue anybody they can think of. If you have gone out there, if any of you have gone out and looked at this it is huge, I mean an animal would get caught in it, a human would have a very hard time getting out of this. When they started digging this they knew full well that they weren't complying with the plans that had been submitted. The plans showed 4 feet deep and slopes and 20 feet off set from Fothergill Subdivision. I think at the very minimum we need to require fencing be put in immediately, their plat hasn't been signed, they have come up with some options that they came in and talked to us about today. Their final plat was • • Meridian City Council May 2, 1995 Page 15 approved but they have not approved for a variance from tiling the ditch. Nampa Meridian tells me it would take a 48 inch pipe. Some of the property owners adjacent are furious that they haven't had to go through the variance application, they say isn't that an ordinance of the City and I say yes it it. I don't know if it was an oversight on my part by not making a comment specifically to do that or the fact that I considered it would be aesthetically pleasing natural looking waterway that would enhance the bike path lead me not to think of that requirement. We have a big problem now and safety wise I don' t know if we can say put that in tomorrow or put it in within 3 days or what we can do. I would like Gary to address some of the fixes they have suggested today and go over that with you. Smith: Mr. Mayor and Council members, as Shari mentioned the development plans that were submitted to the public.works department showed an open ditch, relocation of the South Slough also known as the Finch Lateral along the south boundary of the subdivision. I believe that it was presented to you in that same format on some colored drawings that the engineer for the applicant utilized in his presentation for the subdivision. The ditch was shown to be 4 foot in depth with 2 to 1 side slopes. I think it had a 4 foot bottom width. As Shari mentioned the depth of the ditch at least in one area where I was, when I met with the contractor out there there they had a cut stake at 9.7 feet from ground to invert of the pipe that crosses under the access road from Fothergill into the subdivision. Obviously the depth of the ditch has created a great concern for the property owners along the south boundary of this subdivision which is the north boundary of Fothergill. The close proximity of the top of the bank with respect to the Fothergill property line and the rather steep side slopes of the ditch. I don't believe, I didn't measure them but I don't believe that the side slopes are 2 to 1 I think they are much steeper than that. The engineer and representative of the developer met with Shar1 and I today and proposed installing a 6 foot chain link fence along the boundary line common to Fothergill and Bedford Place. They also proposed to raise the ditch bottom and they proposed to bench the side slope on the south side of the ditch which is adjacent to Bedford. Still utilizing a 2 to 1 side slope, but raise the bottom of the ditch up somewhere in the I think 2 to 3 foot height and then bench the side slope toward Bedford Place. (End of Tape) I guess that is pretty much the engineering side of it. The north side of the ditch has the ability for a more gentle side slope because of the distance that is available from the ditch itself to the roadway. I think the applicant's engineer has a plan with him tonight that you saw on the original presentation so you can see that there is a, I don't know how far that is 60 or 70 foot horizontal space between the bank of the ditch and the edge of the right-of--way in which will also be the pathway. So there is more room to operate there with a sloping of the ditch from ditch bottom up to natural ground. I guess the other issue is what Shari mentioned concerning the variance for not piping the ditch. One thing I would like to say concerning the volume of water in the ditch is that to the east this ditch crosses through, crosses under Locust Grove Road where we first became familiar with it, is basically on the boundary between Pheasant Point which is also known as Howell Tract and Cougar Creek Subdivision. I believe it extends as it goes west it crosses through Rock Creek as an open Meridian City Council May 2,' 1995 Page 16 ditch. Those subdivisions it was left as an open ditch and it was fenced, I can say along Cougar Creek side for certain. Somewhere in the Rock Creek subdivision area a diversion takes place and water is taken out of the South Slough or the Finch Lateral diverted into what is called the Onweiller Lateral which then flows kind of north and west. It crosses through Bedford Place, I don't know how far north and south but let's say somewhere through the middle point maybe slightly below the middle point of that subdivision. It continues onto the west eventually crossing along the north boundary of Lansbury Lane and towards Joe Simunich's property. At the point upstream of that diversion a 48 inch pipe would not cant' water, it would take a larger pipe than that. From what Shari is telling me and the size of pipe that this developer that the Bedford developer is installing in the road crossing is a 48 inch and from what Shari is saying Nampa Meridian has said a 48. inch would carry the water. I guess there are several issues, one is the immediate safety and concerns of the residents of Fothergill Subdivision. It is difficult to describe the ditch in words, you need to look at it to get the impact it is substantial. The second thing is can the ditch be fixed to be safer. And the third issue would be the variance issue and the variance issue was not addressed by City staff in the review of the project. That in itself I guess Counselor will have to advise if that condition still exists whether it was addressed or not since it is part of our ordinance. That is the background that I have on the project. Kingsford: A 9 foot ditch is as tall as this ceiling. Smith: Yes sir. Kingsford: I couldn't climb out of there if it was dry. Turnbull: Probably several things to say, when I saw that ditch I was probably as sick as anybody here and I guess, I would like to back up and take out some of the prejudice that was presented here. We never intended it to be that way, basically there was a crossing installed at the roadway and that crossing pipe had to be lower to go under the sewer and water, lower than the natural grade of the ditch. Consequently when it was staked out and the contractor brought in to dig the ditch he just when from the crossing grade instead of doing a siphon like should have been done. Consequently the ditch is about 4 feet deeper than it should be plus the fact that we I think in our cross section have always intended to taper down on the other side so that basically we could go back still at this time and do a foot ditch like was proposed originally. I should say it is not a ditch, the Finch Lateral is a year round stream, it is a natural flowing stream. We have dealt with that in other projects to the east. We don't expect it to stay that way, we are not proposing that it stay that way, we are going to do something that fixes the problem. We are not going to leave a 10 foot deep or 9 foot. I think from the profiles that Hubble Engineering has shot it varies but 8 1/2 to 9 foot deep right now and it is not acceptable to us either. I want to assure the residents of Fothergill Subdivision we are not going to leave it that way and it was a mistake i Meridian City Council May 2, 1995 Page 17 probably on the engineers part, maybe on staking, probably on the contractors part for going forward with it. The fact of the matter is they were done with it in 3 days before we even got out there to take a look at it. When I got out there I was just sick to my stomach. So we want to solve the problem but I don't think we have made any misrepresentations what we proposed from the beginning is what we intended to do. What we still intend to do if there are some other options we want to look at, I would suggest that we sit down and look at them. I would like to meet with representatives of City Council, the Mayor, the City Engineer and even someone from Fothergill Subdivision if they would like to sit down and decide how we go forward. It is not particularly an unsafe situation at this time because we haven't diverted the ditch. We have just dug a trench, the Finch Lateral has not been diverted into that ditch right now. Kingsford: Well, I take exception Dave, a 9 foot hole is a hazard. Turnbull: It is not flowing Finch Lateral water. Kingsford: I have heard of a lot people that have been trapped under dirt, you have mud out there if it is dry it will slide. I have some concern about it today, I think it needs to be filled in at least a substantial amount for safety at the moment. (Inaudible) Kingsford: I think something has to happen on it almost immediately. Turnbull: And I am ready to do something Mr. Mayor. Kingsford: Let's get that filled in at least to 4 foot deep tomorrow. That is what the development plans called for, if you want to pipe it, I don't have an objection to you throwing a pipe in it that depth and then burying it in. Turnbull: I want to take care of it in all haste but we do need to get some direction going on it. It is not something we did intentionally and not something that I would leave in any case. Kingsford: I understand that Dave but there have been a lot of people killed unintentionally. I certainly don't want that to be the case here. Turnbull: Well sure Mr. Mayor but it is a construction site right. Kingsford: It is also the backyard of people. • Meridian City Council May 2, 1995 Page 18 Turnbull: Well, sure but if we are putting in a sewer pipe too and there are trenches for that. Kingsford: Do you have it protected so that people can't get in it. That is what you are supposed to do with a construction site. Tumbull: Well, your point is well taken and I want to move forward as bad as the next guy. Kingsford: Council, what is your feeling? Morrow: I guess my emotions run the gamut of it being an ultimate responsible party in our industry that you and I both know there are only 2 guys responsible the general contractor and the developer. Quite candidly when we make a mistake one of the great things about our business is we have to fix it on our own time at our own expense. The issue here is that not being an attorney or anything you are dealing with an issue of an attractive nuisance. A 9 foot hole in the ground under the conditions that we have now which is nothing but mud a young child like the young fellow there gets in and doesn't come out David. And I think I agree with Grant, the deal is so what if it costs a $100 an hour to fill it full of dirt, $100 and hour for 8 or 9 hours or a $1000 is really inexpensive compared to the cost of one child or one senior citizen. Where at 9 feet even old guys like the Mayor would have a tough time getting out. But the point is that I think we need to get rid of the safety hazard right away and then discuss the solutions. I know it costs money but a lot of times when we get in trouble and make mistakes in our industry the money has to be a secondary issue. And I see this as being the case Dave, I think what we do is somehow either fill it in and I think the fill in is the cheapest and quickest way of solving the problem and then we discuss the issue of how we want to solve it long term. Turnbull: Or we go and put up one of those orange type fences. Morrow: Dave I am not convinced unless you are going to stake the bottom down that going back to the young fellow there that he is not underneath the fence, or over it or whatever. To use the example of the sewer thing, usually when our guys are running those sewer lines they have those steel deals and their trenches is maybe 8 to 10 feet long and of course it is deep and they have a back hoe parked over the top and it is fairly isolated from a subdivision. We are talking 5 feet away from the back fence at some parts. Tumbull: And I understand what you are saying, we do have those kinds of situations with drain ditches Criss-crossing Meridian all over and nobody has been, that happens on the Ten Mile Drain. I want to assure the Council, I want to assure the residents of Fothergill we are going to fix the problem. We need to get together with a representative of the Council and Mayor and engineering and decide how to go forward. I wish I had never seen Meridian City Council May 2, 1995 Page 19 it and like I said it made me sick to my stomach when I saw it. Money is not the big issue to me either as far as making it safe but I will put up one of those temporary fences around it , if I have to fill it in to 4 or 5 feet or whatever I guess whatever I have to do. Morrow: Let me respond to the comment about Ten Mile Creek and the natural drains, those I think the difference is those aren't something that we all created. We as a City Council approved the subdivision Bedford Place we approved it with the conditions we created between you and I and the citizens and the taxpayers in general condition exists there. Ten Mile Creek there pre-dates all of us here and so the issue there is that is kind of like beware because it exists. But we are talking about something we created. Turnbull: I've created. Kingsford: Most of those drains too that you have spoken to are not that deep. One goes through the golf course or did and i knocked a lot of golf balls in there an I am 6 foot tall and I could be in the bottom of that and see clearly out so they were not more than 5 feet deep. There are some that are a little deeper than that. But still Waft's comment is those were there and clearly people located there knowing it. These folks located there and there was flat dirt and they have kids and they need to be protected. Turnbull: I understand. Cowie: Mr. Mayor, just sitting here listening and observing I think you want to do what is right, will you do it tomorrow, I mean fill it in tomorrow? You are hesitant to doing this tomorrow and the Mayor has asked that it be done posthaste by tomorrow. Can you do that tomorrow? Turnbull: Well, without having a contractor in my back pocket I am not sure, I can give it my best effort. Cowie: I think they are all right, we have a problem here and it needs to be taken care of and I think it needs to be taken care of before we sit down with Council and different people and engineers that needs to be filled. I have no qualms that is what you want too, but we also have a time problem here. So, observing here I see that you want to do it, my suggestion is that you do it tomon'ow before 5:00 if you can. I would like to see that done, I think we have a real problem here Dave and I think that your cognizant of it and you want to correct it and I see that. So my suggestion to you would be to get it done tomorrow and then we can tike I say go after the rest of it. I don't want to lose somebody there. I think that we can get somebody to put some dirt in there tomorrow. You have some contacts I know you do. n Meridian City Council May 2, 1995 Page 20 • Turnbull: I wish the rain would stop, sometimes it gets too wet that equipment just bogs down but we will do everything we can to get it done. Yerrington: How many feet do you have in this ditch, how long? Turnbull: How many linear feet, 1/4 of a mile, 1320 feet give or take a foot. Kingsford: I guess just one further comment, are you considering strongly tiling? My inclination would be a little bit more towards letting you put up a fence temporarily, orange fence or whatever. If you were going to be throwing in pipe and covering that I would hate to see you dig it up twice and have the hazard re-opened again. There gets to be a trade off there. I think those people, if they are looking at having it covered there may be a certain number of them that would rather see that and have the exposure for a few days and not have that be an ongoing problem. I am sure there are some other people that would like to see the water amenity. We have dealt with that with about every development we have had. Tumbull: I know and I have some ideas, I was not in the meeting with Gary and Shari and Gene Smith and Mike Tanner from my office today because I had a doctor's appointment. I have had some thoughts since then and I think that there are some things that can be done that would actually make Fothergill residents happier in the long run and even our own residents. But it is something that I am going to have to at least talk with the Mayor and a representative of the Council and a representative of the Fothergill and ourselves. Morrow: So it sounds to me like the answer is that we push dirt in there tomorrow and call it good. Turnbull: Call her half way good. Corrie: Mr. Mayor, what you are saying it would be better for everybody would be to put the dirt in there tomorrow? Tumbull: I am thinking we can do some kind of a deal like tiling a portion of it and putting in some things like, one issue needs to be addressed and I think Max spoke to me about it is Nampa Meridian Irrigation District is saying absolutely no way are you going to put a trail system along our easement. And they told us that so I don't know what the City's position is now whether they are still trying to preserve that option or whether that is something that is viable. As I look to the east of this project where this easement is all fenced in and doesn't look terribly practical to me that they were going to get done. So, one of the things I was thinking about is maybe widening out some of the areas and putting in tot lots you know some playground for the young children. Maybe even tiling the whole • • Meridian City Council May 2, 1995 Page 21 thing and putting in some of those basketball court amenities or tot lot amenities. Again there are some things, probably some considerations that we are going to ask for providing those extra amenities. So I think that is a discussion that needs to happen and happen as quickly as possible. I will be at your disposal or disposed. I know it is not something that is easily solved from this podium. Kingsford: And I think the realism is that whatever is decided if it is much of a change from what was approved needs to be publicly noticed and discussed again. I know it is going to have to be, I know it will have to back through a public hearing. I just want to get some kind of a direction and get the opinions of the surrounding neighbors and members of the Council and Mayor. Yerrington: If you the this ditch would you still fill it up partway before you the it? You wouldn't Turnbull: If we tiled it we would just put it in the bottom of the trench where it is now and that is the easy thing. Kingsford: That lines up with the the that is in the crossing the roadway. Turnbull: Otherwise you have to create a siphon. Morrow: Mr. Mayor, I really have mixed emotions about what we are doing here. I understand exactly David's position, I understand the need to buy some time to make the decisions that are in the best interest of our citizens and of the subdivision. I think what that says to me is that I would like to move that the ditch be filled within 48 hours to a level of 4 feet. I am not getting a sense here an I want to do that because I am not getting a sense here that anybody is in a position to make a commitment other than a commitment to safety. I share your concerns that if the decision is ultimately to the the entire ditch or portions thereof it doesn't make sense to dig it twice. But by the same token that decision could be a couple of weeks away and I perceive the danger to be immediate. And so I would like to make that motion. Corrie: Mr. Mayor I feel exactly the same way and I second the motion. Kingsford: Moved by Walt, second by Bob to require the ditch be filled in to a depth no deeper than 4 feet within a 48 hour period. If there is some discussion I will entertain your comment, would you come forward and state your name for the record. Duenos: I am Amy Duenos and t am one of the homeowners of Fothergill. I would like to speak on the behalf of many residents in Fothergill. We went around, I was just notified ~ ~ Meridian City Council May 2, 1995 Page 22 of this meeting a few hours before it started. In that time we went around the space of about a block and a half and about every homeowner in there to sign a petition about this concerning this ditch. Just to let you know how concerned everybody is, this whole subdivision is pretty much geared towards first time home buyers and most first time home buyers are young couples with small children. I am glad to see you are concerned for that. A couple things I would like to say that haven't been mentioned is I am glad to see it is going to be filled in but I think in the long run if you could allow people from Fothergill to be in on what decisions are made or at least hear what is going to be on that. About fencing it if that is one of the choices, I have heard that maybe a chain link fence and all of the residents are wondering why a chain link fence. Because as a kid you can still see through a chain link fence and every kid is going to be drawn to the water. Therefore a. chain link fence doesn't really seem to deterring the kids any from getting in there, because every kid can climb a chain link fence and still get over there. So we all want to say that we feel first and most important that it should be filled in and if money isn't really the first issue than that really shouldn't be a problem have it fenced in. If you weren't than if a big fence and a wooden fence so that the kids cannot see and they could still maybe climb a wood fence but it is not as easy and it is not as easy to see, they can't see the water so therefore they are more protected. Our main concern of course is our children, like I said almost the whole subdivision has kids and we want to make sure that they are protected. Kingsford: I understand, of course a wood fence, the problem is that we have experienced with them over not too long a period they just deteriorate, they do burn as people do clean up and so forth and you bum fences then you have a worse problem. I am sure that is the reason for the chain link or ornamental iron or something that will withstand that sort of thing. Duenos: Is there anyway that us as the residents can push them for it to be covered because whereas a chain link fence doesn't seem to be helping can we push, is there anything we can do as residents? Kingsford:. Certainly if there is a change from what has been approved and of course those people that were there at that time had opportunity to come in and give testimony at a public meeting. If it is other than the ditch that is outlined in the plans for this subdivision it would have to be noticed again and we would take testimony from anyone. And particularly we would notify those people that were within 300 feet. Duenos: At this time nobody was notified of it. One other thing about that meeting the requirements, one of the requirements was 20 feet away from our property and I am one of the homeowners where it is 5 feet from the back of my property. Since we have just moved in and (inaudible) we haven't put up a fence and we do have a small son. Would • • Meridian City Council May 2, 1995 Page 23 they then have to move it 20 feet, away from our property to meet the requirements that were originally given? Kingsford: That is certainly something that if it changes from that again there would be notification. Thank you, you heard the motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea Turnbull: I would like to point out that it did take 72 hours to dig the ditch and that was in dry conditions, we will do our best. Kingsford: It goes in a lot faster than it comes out, that has been my experience. Turnbull: Well, that is true and God wilting we will get it done. I would also ask and hopefully this is the appropriate time, when and with whom we could meet and discuss the issue further. Kingsford: Let's try and put a meeting together with Mr. Berg, he will notify at least this young lady and she will pass that along to the rest of the people. Turnbull: I do appreciate their concerns I do want them to be part of the meeting. Thank you. Kingsford: Shari, you have one more item. Stiles: Yes, just a follow up on this, Bedford Place still requires a development agreement it needs some changes from what was submitted from the developer. But this issue will need to be cleared up prior to executing that and any final plat signature. The variance I guess you are saying since it was approved as a final plat that it is not required that they apply for one? Kingsford: That would be my legal assumption at the same time if it is not what is on the plat than we are going to have to have something happen differently. Where are we at Counselor, that is the same ditch we have through Fothergill a path, where are you at with that license agreement with Nampa Meridian? Crookston: I am not sure where we are at. Kingsford: A certain Mayor promised 3 irrigation district commissioners that we would do that and that is pushing a year now. The guy that I am talking about is not a liar so let's have that done. You have Chamberlain on here do you want to say something about it. • • Meridian City Council May 2, 1995 Page 24 Smith: Mr. Mayor, I think Wayne gave me a copy of that license agreement with Nampa Meridian to look at for that ditch that runs through, Jackson Drain which is a different ditch than this one but it is the same Kingsford: Was it our intent to go on with this one with that same path or is this a different issue? Smith: Well, actually the path on the Jackson Drain and the path on the South Slough or the Finch come together at Meridian and then it becomes, the Jackson Drain runs into the South Slough at Meridian Road. So from Meridian Road west there would be one pathway. From Meridian Road east there would be a pathway along the South Slough or the Finch Lateral and a pathway along the Jackson Drain. So the pathway would fork at Meridian Road. It would be a different license agreement but in terms of the names of the ditches but I think that the contents of the agreement would be very similar. Kingsford: You were with me at that meeting, is it your opinion that is a ditch that they were talking about that they would be willing to let us have a path along? Smith: Yes, well, they talked about drains and the South Slough has always been a drain, but they do take water out of it for irrigation. They take water out of it to put it in the Onweiler and they take water out of it at Waterbury Subdivision to put into the Cresson Lateral. So they are diverting water out of it as irrigation water and I don't know if the change of the name from the South Slough which is a drainage connotation to the Finch Lateral which is an irrigation ditch means that it is no longer a drain. Kingsford: That is something that maybe Shari you would check on for me and see what the status is. I think Mr. Turnbull is interested in knowing that too. Certainly we are as we proceed with this decision. Stiles: Mr. Mayor and Council, it depends on who you talk to. Morrow: Mr. Mayor, question with respect to whether a variance is required or not, is that the issue we are trying to determine what it is called because our ordinance calls for all Kingsford: No, this is a different issue Walt, what I am discussing is with regard to the pathway. The irrigation commissioners are saying and I guess John Anderson that we can't have pathways along his irrigation laterals. So we need to determine is this a lateral or is it a drain and can we have a pathway along it. That is going to influence the decision as to what we do with the ditch. Morrow: My follow up question was that our ordinance called for all irrigation ditches to be • • Meridian City Council May 2, 1995 Page 25 covered or tiled. And so Kingsford: If it is not a drain then probably we are looking at Morrow: Is this where this gets confused with respect to what David is after and what the staff was after. If it is a drain than it doesn't automatically get tiled is that correct as per our ordinances. And if it is a lateral than the ordinance says that it gets tiled. Crookston: That is basically correct. Morrow: So the dilemma is all in the name. Kingsford: Partially of course the other thing that buddies the issue is Gary has found that we don't have any live ditches in the City limits of Meridian, or natural drains. Chamberlain Estates drainage pond. Stiles: Okay, Chamberlain Estates they requested an extension on recording their plat on December 6, 1994. Council's motion was to extend the grant until April 15th conditioned up on the gravel pit issue being remedied and if it is not it is dropped. I can't quite get through this motion here, if it is remedied than it is extended for the calendar year. It has been a continual problem, all last summer was a problem. We are hopeful when they asked for the extension in December that would give them some incentive to fix the problem. They did go out and throw some dirt in-there and change the banks a little bit. We received a letter from Jim Merkle on March 16th that the rough grading of the storm water pond has been completed. Rich Tomlinson has been to inspect the work, the pond has been rough graded in acxordance with the approved plans. The top banks of the pond have been bermed up so as not to allow any irrigation run off from adjacent lots into the pond. As you know this was to be completed prior to April 15th to allow the extension of the Chamberlain final plat. Please forward this information to the City Council so as not to affect our plat exterior. What had been done when we received this letter was not in fact in accordance with the plans. The very first day the irrigation water went in there was a fountain of water gushing into it. It was filled, not filled to the top but there was a lot of water in there in a short period of time. The developers engineer has jokingly said that the adjacent neighbors didn't need to worry about their gophers they wouldn't have a problem then. The fact is there is no reason for this pond to be there. It was basically a mining operation done to create the Cougar Creek bike path. It is a nuisance, it is a safety problem. When there is not water in there kids are parking their cars in there and partying. Carol Ann Moxley is here tonight she is an adjacent property owner, when I went out to see her trying to flood irrigate it simply does not irrigate the way it used to. It was not through her creation of the problem, it was created by this giant sucking pond. I believe they have done what they said they would do. This has been such a problem and very Meridian City Council March 5, 1996 Page 40 Morrow: Mr. Mayor I would move that we offer endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non-development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non-development agreement. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City which shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and adequate pertormance of the developer. Upon such stated improvements and detailed construction plans such surety • • Meridian City Council March 5, 1996 Page 41 deposits will figured at the prevailing construction cost as determined by the City. He has submitted along with his letter a copy of on the third page a copy of the improvements that he would make on those lots that were part of the non-development agreement. It would be my recommendation as City Engineer that he does submit a letter of credit for the installation of those improvements. Corrie: Or a cash deposit. Smith: Anything that is liquid to the point other than a surety bond. I think that is (inaudible) what he is requesting. I will refer to Wayne to add anything to that. Crookston: I don't have this packet. Rountree: Gary, I guess for my own understanding this is an agreement with the developer (inaudible) Smith: Yes Rountree: And (inaudible) than the City wants some assurance that it is going to get done Smith: Yes, initially the developer submitted a plat for a certain number of tots which would include the improvement thereof. That plat was approved by the City Council, that plat was recorded at the Ada County Recorders Office. Then he came back with a request for a non-development agreement because he decided he didn't want to develop all of that plat. At that time the Council said alright, we will agree to anon-development agreement for a certain portion of this plat.. So, in effect they drew a line through the plat and figuratively built a fence along those lot lines and said everything north of this line we are going to develop and improve streets, sewer, water, street lights; etc. and sell these lots. South of this fence is part of this non-development agreement. When we decide we want to develop these lots we will abide by the conditions of this non-development agreement. That is what he is submitting in this packet. They now want to build those improvements so they can sell those lots. The following, the second paragraph below that one that we read says that he agrees not to sell the above referenced lots in the subdivision during the term of the agreement or until a new irrevocable letter of credit or cash deposit surety has been issued and delivered to the City or until the required improvements of such subdivision are completed in accordance with the current City standards and specifications. Morrow: Gary, question, on his paragraph three, he is suggesting that we leave the non- developmentagreement in place while we instruct these improvements and release it near the end of the construction. We will bond any items not completed at that time. So my question here is that he is basically asking for either or. He is asking for a total release of • Meridian City Council March 5, 1996 Page 42 the non-development agreement or if the Council is more comfortable leaving the non- development agreement in place until those improvements are done. I guess my question to you would be is under the one we are asking for a bond or letter of credit and under the other is he suggesting that there is no bond or fetter of credit done upfront. He is stating he will bond any items not completed at the time and I am assuming that means that at some point he wants to bring the non-development agreement off before he has completed his construction of improvements. Smith: Yes, that is what he is asking. Morrow: The issue is that he cannot sell lots until this non-development agreement is totally terminated, nor can he sell lots until the final plat is signed off with the improvements in and being inspected, is that correct? Smith: He can sell lots right now because the final plat has been recorded. He can legally sell a lot. They can't get a building permit for the lot until they have at the very minimum a gravel road access in front of the lot. So that the emergency vehicles can access the lot. Morrow: So on this phase of the final plat has been recorded by the inspections have not been made. Smith: Well the final plat has been recorded, there have been no inspections on the second phase because there is nothing there built. Morrow: I understand that. Smith: But the first phase everything was inspected, the hard surface is down, lots are sold, the buildings are up and people are living out there. Morrow: What I am after here is the City's safest way to ensure that all of the development, all of the work is actually done is to bond for the completion of that work and not stay in the development or non-development agreement for a certain period of time and then bond for the completion. I guess I am asking you opinion here. It appears to me that is the safest way to do this. Smith: Yes, in my opinion that is the safest way to do this. Crookston: He really couldn't, technically he cannot sell lots because the non- development agreement says that he will not sell lots. Smith: That is correct, he is still bound by the conditions of the non-development ~J Meridian City Council March 5, 1996 Page 43 agreement even if he is allowed to go into the undeveloped portion and make. the improvements he cannot sell a lot until Council rescinds the non-development agreement. So I guess technically what he is asking for is allowable, could allow him to on the one hand to make his improvements but with the understanding the non-development agreement still exists and he can't. sell any lots until all of the improvements are in or he comes back to the Council and says I have got $125,000 of the $155,000 improvements and I would like you to terminate the non-development agreement and here is a letter of credit for $25,000 to ensure that f am going to finish what we have started. Obviously his request is to relieve him of the financial responsibility to provide that larger cash or letter of credit. That is the only reason he is asking that question. Like Wayne said part of the non-development agreement says he can't sell any lots, unless his development agreement is rescinded by the Council. That means we put a tag on the file folder in the building department and no building permits are issued. I suspect that tag is already there. Mon'ow: So what it boils down to is we have got two avenues to go here. The one is the first two paragraphs which is termination of the development agreement or non- development agreement, permission to proceed with development or the undeveloped lots in that case we request the surety agreement or the letter of credit in the amount of $151,911 or we leave the non-development agreement in place and at some point in the future he comes before us and requests it to be terminated and then bonds for the balance of work that has to be completed. Smith: Correct, in that paragraph that we read 1 might state that the City reserves the right to require the irrevocable letter of credit, it doesn't say it has to require. So you could allow him to, he has asked to make the improvements you could allow him to make the improvements without an irrevocable letter of credit without releasing the non-development agreement, it would be, in my opinion it would not be in violation of the non-development agreement teens. We just have a propensity to ensure that the improvements are done, I think that is why that language was installed in that paragraph. Without rescinding the non-development agreement he can't sell any lots. And the City Council should not rescind the non-development agreement unless, until his improvements are complete and accepted or he furnishes a letter of credit to cover the cost of those improvements. Corrie: Gary, I was going to ask on this (inaudible) I don't see anything about the streets, (inaudible) is that hidden in there somewhere? Smith: The Highway District has anon-development agreement for the streets so he would have to go through (inaudible) Crookston: Gary, my question is in the fourth paragraph there it says the end of the second line, "at the same time you are adding services for the seven lots which have been given • Meridian City Council March 5, 1996 Page 44 preliminary approval by the Council we will follow up with the final plat and recording process of these seven lots so that they can be offered for sale after the plat has been recorded. Can he do improvements for lots that have not been final plated? I assume can't. Smith: Well, it is a technicality Wayne because technically they are not supposed to do any improvements until the final plat has been approved. But he is building a street and he is making improvements to lots on the north side of the street for sewer and water services. He has a plat in the process for approval that subdividing the existing common area lot on the south side of the street. It just seemed a building this sewer and water line he stubbed to the southto these p oposted Iots.Ill gave him the approval to go ahead with the understanding that he was on his own. l put that in the form of a letter that it was his risk to make those improvements. That there was no guarantee that the Council was going to approve of those lots as he has proposed. He understands that. Crookston: Are any of these lots on, I don't know what has happened out there, but are any of these lots in the area that where he is going to pipe the Finch Lateral and has that been done yet? Smith: Yes they are in the area he is going to pipe the Finch Lateral and I don't know whether it has been piped or not. The Finch Lateral will run along the front of these lots. Crookston: I would think that the City needs to be concerned that piping be completed around or where any of those lots are. Any of the land that is now the ex-Finch lateral I think the City needs to be assured that is done and taken care of. The other thing that was, this is the area where he was supposed to have a basketball court? Smith: Well that basketball court is to the east side, it is the easterly piece of this common area this area that he is platting with the 7 lots is the the west side of the subdivision. There is a north south road that kind of bisects the property. These seven tots are on the west side of that road. Crookston: As I recall there was a question as to how much of the basketball court he had put in and I don't recall if that was ever decided. Whether it was going to be a full court or half court or just a basket there. Smith: I know you brought that question up several times and I don't know that there was ever an answer. I don't know exactly where this piece of subdivision is for these seven lots. I can't recall at what stage of the process. Meridian City Council March 5, 1996 Page 45 Morrow: It seems to me like given that, those kinds of questions, the best solution here for us as a City is one of two, not act on this or the second one is we leave the non- development agreement in place and allow them to go ahead and put in their improvements and at such a point in time that they are done with the improvements and everything is satisfactory then we release the non-development agreement. Or if it is the CounciPs desire and they appear here early and they want to bond for final completion of things than we make that decision at that point in time. But I think what both you and Wayne are telling me is that there are some other gray areas here that are affected. It seems to me that given that you want to leave the non-development agreement in place. That has the incentive of finishing prior to the selling of lots. Because you can't because of the non-development agreement you can't sell a lot while the non-development agreement is in place. Smith: That is correct. I think the issue with the resubdivision of the common area lots is a separate. The seven service lines that he wants to install are being done as a matter of convenience. The piping of the Finch Lateral that is part of the both subdivisions really. The number 1 subdivision and the re-subdivision. The location of the ditch is different, but he will have to accomplish that piping as part of the improvements for the number 2 subdivision or the re-subdivision. If you leave the non-development agreement in place and allow him to proceed with his improvements on the number 1 subdivision I agree with you he doesn't sell any lots unless he comes forward at some point in the future and says I want to bond for what I have left to do. Morrow: Mr. Mayor, I think I am prepared to move that we leave the non-development agreement in place and allow Brighton Corporation to proceed with their construction of improvements and at the time those improvements are completed they can come before the Council and request on the removal of the non-development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, you have heard the motion, discussion. I guess Walt at that time we can require the cash security. Morrow: Well point of discussion, if he comes in and those things are complete there is no requirement for a bond. If he comes in and he is 90% complete and wants to proceed to sell than we require a bond for 110% or 105% of the balance of the improvements that need to be done, per the agreement. Corrie: Okay, all those in favor of the Motion say aye? Opposed? MOTION CARRIED: All Yea ~ ~ Meridian City Council July 18, 1995 Page 41 Smith: Mr. Mayor this is similar to the non-development agreement that you previously approved for Bedford Place. Kingsford: So we are talking about anon-development agreement, I see from Will's notes that Wayne has marked that up substantially, Wayne do you have a comment for the Council? Crookston: Again your honor I haven't reviewed it since I did those comments. I don't know whether or not those changes have been made. Smith: They have Mr. Mayor, I sent a faxed copy of Wayne's comments to Hubble Engineering and Tracy Persons over there made those changes and sent the revised back to me. They did incorporate, t checked it against Wayne's comments and they did incorporate the comments. Kingsford: So, Counselor, what is appropriate here? We have to approve the non- development agreement and authorize do I have to sign that? Crookston: Yes you do, you and Will have to sign it. Morrow: Mr. Mayor, I v~rould move that we enter into anon-development agreement for Summerfield Subdivision No. 2 and authorize the Mayor to sign and the City Clerk to attest that agreement with Summerfield Subdivision and Gary Voigt the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max to enter into anon-development agreement for SummerField Subdivision No. 2, Gary Voigt, authorize the Mayor to sign and the City Clerk to attest, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEDFORD PLACE: Kingsford: Counselor have you reviewed those and do they meet with your approval? Crookston: I reviewed them and I think they have made all of their respective changes that I asked for. Kingsford: Will is saying that they have, is there a motion on those CC&R's? • Meridian City Council July 18, 1995 Page 42 Yerrington: I move for their approval. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the covenants, conditions and restrictions for Bedford Place Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DEPARTMENT REPORTS: Kingsford: Mr. Smith? The bid opening results for Well No. 16 pump and pump house. When was that closed I somehow missed that I guess? Smith: The bid opening was on July the 7th. Thank you Mr. Mayor and Council members, I will hand out a copy of the bid results for you to look at. It looks like I handed out my copy too. We had 3 bidders and the low bidder was Turn Key Inc. from Emmett, Idaho, $164,608.53. They had a couple of small errors in their bid but that number is a corrected number. The other bidders, Ross Enterprise out of Jerome, was second bid and Riverside out of Parma was the third low or the third bidder. We have not worked with Tum Key Inc. before but they seem very anxious to get started and they are licensed public work contractors. Morrow: Do we have references on them? Smith: I don't think anywhere requested in the bid documents, I don't recall that we had a reference requirement. Morrow. It seems to me like that I am not familiar with any three of these companies and I guess my natural question is that where are our local guys? Smith: Riverside did No. 15 for us and they build the pump house out there and plumbed it. Ross had bid one time before 1 believe but he was not successful there either. It is a pretty straight forward job, there isn't anything real complicated about it. It is a masonry block building and some access road and of course the pump is pump and motor is all purchased items and we just have to be sure that their workmanship is such that everything fits together well and works well. Morrow: Wouldn't it be to our benefit to have reference requirements within our bid documents to that we can do some follow up to be prepared for what we need to do from a management standpoint to ensure that quality is there? ' • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. 9ERG, JR., Clty Clerk A Good Place to Live COUNCIL MEMBERS JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAk YERRINGTON BRUCE D. STUART, Water Works Supt. ROBERT D. CORRIE JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS Flre Chief 33 EAST IDAHO WALT W. MORROW , W.L. "BILL" GORDON, Potice Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST: Final Plat for Bedford Place Su division BY:_ Brighten Cnr.,.,rs+:,.., LOCATION OF PROPERTY OR PROJECT: South of Ustic~ Road and Eas of ..- - •• - - JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM $ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PREI,~M 8 FINAL PLAT) CITY FILES / 1 D ~ ~ YOUR CONCISE ~' r ~ ° 4 199~t CITY C~1' ~l~Rl~IAN RE~E~~~O MAR 2 1 1996 CITY ~~~~ ;~IERIDI~- r~fiCt Bi ~?~i~id.~it~s 7~r~clgatlosc ~i~fitlet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampo 466-7861 Boise 343-1884 Mike Tanner SHOP: Nampa 466-0663 Brighton Corporation Boise 345-2431 12301 West Explorer Drive, Suite 200 Boise, Idaho 83713 SENT VIA U.S. MAIL AND FACSIMILE TO 377-8962 Re: Bedford Place Subdivision Dear Mike: The License Agreement for the relocation and piping of Nampa & Meridian Irrigation District's Finch Lateral through Bedford Place Subdivision was approved by the Dist'rict's Board of Directors at the board meeting that was held on 19 March 1996; therefore, co>~struction on this project may begin. Construction must be in accordance with the approved agreement. If you have any questions, please feel free;''to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri Bill Henson rS-i~t~of Meridian Ada County Highway District Rider 2 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 20 March 1996 REcE~vED MAR 1 8 1996 CITII' ~~ MERIDtAt~ • GQ~~'LGCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Mike Tanner SHOP: Nampo 466-0663 >3righton Corporation Boise 345-2431 12426 West Explorer Drive, Suite 220 Boise, Idaho 83713 SENT VIA U.S. MAIL AND FACSIMILE TO 377-8962 Re: Bedford Place Subdivision i Dear Mike: do Monday, 11 March 1996, you and I reviewed the revise >3edford Place Subdivision (Lonnie Fox stamp date 2/27/96, Sheet Number 19, Job Number 94-035-04). During our meeting, I told you to contact ~he District's attorney, Ms. Laura Burri, so that she could prepare a license Agreement. I explained to you I would feel more comfortable if ~he Districts Board of Directors were infor proposed pipe line. However, I felt that we had a workable solut ontas tthe language in the License Agreement would protect the District's easement and our ingress and egress on the Finch Lateral. However, sometime the night of 13 March 1996, we had a set of newly zevised plans stuck in our chain link gate at 5525 East Greenhurst F,poad, the location of my office. Sheet 19 for Job Number 94-035-04, Lonnie Fox stamp date 3/13/96, has been changed since Monday. The pipe line is even deeper. At this point, I will not recommend acceptance of the relocation and piping of the Finch Lateral to the Board of Directors. I am going to contact the District's attorney and instruct her that she is not to prepare a License Agreement based on the newly revised plans. Apparently, she has a set similar to the plans that we received. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 14 March 1996 i' • • 14 March 1996 Mike Tanner Page 2 I suggest you contact Daren R. Coon at 343-1884 and that you schedule a meeting with the Board of Directors to resolve this matter. Do not instruct your excavators to enter the District's facility as they are not authorized until we have a signed License Agreement. If further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Laura Burri John Sharp j Bill Henson Hubble Engineering, Lonnie Fox via facsimile to 378-0329 ty of Meridian ~ Rider 2 File !~ • WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire. Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor March 1, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 , Fax 322-2032 COUNCIL MEMB Rc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & ? COh!R!!SSrnr` JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Re: STREET LIGHTS FOR BEDFORD PLACE SUBDIVISION PHASE #1 Street Lights have .been installed by the developer in Bedford Place Subdivision #1. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are located at: Lot 1 Block 1 entrance lot 250 W Lot 11 Block 2 415 E. Edger Court 100 W Lot 4 Block 3 465 E. Addeson Street 100 W Lot 26 Block 2 2979 N. Anston Avenue 100 W Lot 10 Block 4 529 E. Baldwin Street 100 W See attached map for additional information. Please use this letter as your authority to activate these street lights Sincerely tG~ William G. Berg, Jr. City Clerk HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN . ~ BEDF' D PLA CE' UBDI VI ~'~ a.t~ A ORTION OF GOVERNMENT L 3, SECTION 6, P~~S~ ~ MERIDIAN~ADA~ CO~UNTY~ IDAHO Sect Gi9hts 1995 ~ ~ 25o tK C~ • HU88LE ENGINEERING, INC. • ~ ~ OD Vt! (4 ..... rya ................ en9s of eENmw ......BOISE,. IDAHO ............. . _ irsaYS' E WT s ~ .. ~el~'34 2R• $ e'10~ ~ E US'RQC flaA~ - .. ~~ N .,,. N ~~ i~r f d~ ~~ POINT OF BEClNNINC ~..~ ~ LOT f sT x sKV. rrc Mane s ~ I 7Q ~ ~"' S 3 E~CGIO!' 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E s oozs•34• w • assay b 00.00• ~ E 1NAl0;7.Y S7R;ff s e• Boa ---- -- ~ $~,,~ s ~ ~ " ~q01- ~ ® ~ S ~ : o:zo,: c „ ~ ~ s o312•ssa• w sago 8215' ,T s --- -~ c u n n.__ ~ f n N u n 1 S.. ~~ f' ~ ~ OF MERIDIAN -` y. , II-DING DEPARTMEN' .~ ~, ~; 33 E. Idaho, Meridian, ID 83642 887-2211 • Inspection Line 887-1155 E~-CCTRI CAL I~ERM I T OWNER/APPLICANT--------------- MIKE TANNER MERIDIAN ?±ID 831a81t~ 208: $ra7-~, 47c~ T: CONTRACTOR-=~-------__ RDDNEY B. _'IIEUS -- ------ CALDWELLD IDA836~+5 208/454-~d187 Issued: 20/10/95 Permit No: 68~ '--------PROPERTY LOCATION------------- _ ____ i 1 BEDFORD PLACE --~- - I. I Lot: Block: Long Legal: I Sub: BEDFORD PLACE S: 1 Parc No: .1 -----l DESIGNER------------- .I --------------~---- . k~100f$f/1+~-0000 f~ROJECT P INF(~--------------------------------------- Pr VTI ue : ~.6, 000'. 00 I Ters ~ - --------------------------- ' p Ser,~ice: Occ TY~Y+pea ~ Residential Service: Occ Gr'P- Occ Load: Number of Rooms: Cnstr 7y pe: I Electrical Heat: Land Usei I Number of Caircuits; I Ot h er~ : STREETL I GriTS PROJECT NOTES_________________ I L f J L~ 1 ~ -, ------------- LS/III L4/E.~ L` -----_.-------------- 1 ESO WATT l~idTRY WHY? AND24 14'~Q+/WATTT. ---------------~ ~ 1, E00. 00 ,VALUE F~JF? EACH L I GIiT. ;'. . P""TECT FEES ASSESSMENT-------____ TOTAL ELECTRICAL FEE : ~ 130. 00 --- ----~---_-Aar o un t Paid : ---_.__ ~ + 32M. 0Z~ Ha 1 ance Due : 34. as IMPORT INFO MATrn~r Inspection requests must be made 24 hours; prior ~ the need fem. inspection. Persona ma>ang the following information: 1) owner/contractor, 2) project location, 3) date and time when the ins ~~~ =nit provide the 5) permit number. The inspection request line is available 24 hours a da 365 da a ~~ ~ n~~' 4) type ofinspection, Friday, between 8:00 AM and 5:00 PM, excluding holidays.- y' Ya ~' ~~Ona will be performed Monday - Other Permits are .Required for the installation of any electrical wiring, plumbing iriping and mechanical installations related to gas fired equipment. Permit R,evocation/Ezpiration. The B~~g p~~ ~~,~,~ ~ right to revoke as of incorrect information. Permits expire is 180 days ii work is never cowmen Y Pmt issued in error or on the basis or 6 months. cad, or is discontinued for a period exceeding 180 days neelaration -This permit is being issued subject to t] ,.ze work to be performed will conform to the regulations es and laws of the City of Meridian, and it is hereby agreed that and applicable thereto. .+..uca va [auldaYalZCQ Date ,• ~ OFFI IA WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police.Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding (Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor September 12, 1996 -Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Bedford Place Subdivision #1 Phase #2 rOUNGIL r~~Ft~!aaac WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Street Lights have been installed by the developer in Bedford Place Subdivision #1 Phase #2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are If Lot 16 Block 4 Lot 8 Block 5 Lot 22 Block 4 Lot 16 Block 5 Lot 11 Block 5 ~cated at: E. Sedgewick St E. Sedgewick St N. Anston Ave. E. Wakely St. E. Wakely St. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~~~~~~ William G. Berg, Jr. City Clerk ~.: J:;oryi: ~ OF MERID ~~ B DING DEPARTMENT ~,,,~+ 33 E. Idaho, Meridian, ID 83642 887-2211 • Inspection Line 887-1155 ELECTRICAL F'EP,M I T Is ~ • OWNER/APPLICAI~T------___ saed. 8/20/96 Permit No: 9122 MIKE TANNER `------'-°- PRORERTY LOCATION------- MERIDIAN, ID 83000 i _____ 1 BEDFORD PLACE -`- 21~£i/8E7-1472 T' ~ I Lot: Block: i - Sub: BEDFORD PLACE Long Legal; S: CONTRACTOR_________ i Parc No: I ____ R7DNEY B. B EUS CiS N I -`----------- DESIGNER------____-- --------- NDIA CALL~WELL IDA83605 208/454-187 I ----- I -_----_ I I ~d00/000-0000 PROJECT INFO--------- I ---- F1Pr dal ~_ie : ----------- ___ SE 0~- --°----------- ___ T 0. ~d0 I ------------ _ _ Occ TypeQ STREETLIGHTS t Residential S Ype: r ice e v - Cns~~cTyPe; Occ Load: ~ Number of Rooms: UU Land se: Electrical Heat: i Number of Circuits: r'RO.7ECT NOTES_____________ ______ ~ Other•:STREETLIGHTS ----------- ---------- 18 B4, L22 B4, L8 B5, L16 B5. L11 ~ ------------------ BJ, PROJECT FEES ASSESSMENT- TOTAL ELECTRICAL FEE: INII'ORTt~~v'><` CFO lvra7Tnly 134.00 Hmount Paid: #130.00 Balance Die: 50.00 Inspection requests must be made 24 hours following information: 1) owner/contractor 2) P~ to the need for inspection. Persons making the requests mast provide the 5) permit number. Tye ins Purled location, 3) date aad time when the inspection is needed, 4) type of inspection, Friday, between 8:00 AM and 5:00 Mu ez ~ ~ 24 hours a day, 365 days a year, inePections will be performed Monda Y- Other Permits are Required for the installation of any electrical wiring, plumbing pap~g and mechanical instailatio related to gas fired equipment. ns Permit RevOCatiol]/Fgpixation. The Building Official reserves the right to revoke as of incorrect information. Permits expire is 180 days ii° work is never Comm Y Permit issued in error or on the basis or 6 months. enced, or is discontinued for a period ezoeeding 180 days Declaration -This permit is being issued subject to the o ' the work to be performed will conform to the regulatio~os rlt~un and laws of the City of Meridian, and it is hereby agreed that Pe and applicable thereto. Owner or Authorized Agent Date . ~E(C19LS wiwAM a BERGt, JR., Cqy Cledr JANICE L pASB~ ~ T~turar QARY D. SMITFI, P.E. qy ~ BRUCE D. STLiAq~; yya~ W~ ~. JOHN T. SHAWCRO~ WaMe ~~ DENNIS J. SUMMERS, Part ~Pt. ~' SHARI l» STILES, P d, Z Air PATTYA. WOLFlQEL, DMV SuParvleo~ KENNETH W ~S, ~ Ch(e< W.L. `BILL' (30RDON, PoBce ChMf WAYNE d. CROOKS7'ON, JR., Atlo~y . HUB OF TREASURE yA~y • A (3opd Place to Live CITY OF ~~~ ~ EAST IDAHO N MERIDIAN, IDAHO $3642 . Phone (208) 888-4433 • FAX (208) 887-4813 ~~~ WO~~°S (208) 887-2211 Ve6iele/Driv~ers I•iaeate (208) 888-4443 Cfl N x .r.mre, WALT W MORROW, Prasldern RONALD R. TOLSMA CHARLES M. ROUNTREE QLENN R. BENTLEY P a 7 rnu~a~err,,, JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER OREO OSLUND HOLM MACCOY ROBBRT D. CORRIE MEMORANDUM; Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistarn to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and lights in ~,~,~ proceed with the activation. Date: ~ -/o ~-ry~ the elec 'cal wiring and associated components for ,S" ~-~-erg street . Idaho Power Co. can now old Hudson, Electrical Inspector C:1WPWpv601GENERgL~EI.ECINSP.MMO [1 ~ Np t O V ; x~ga j ~ O ~ .. ~ ~N W ~,~ ~ ~ ~ _ O ~- Coro ave. + s g '' ~ r ! i-~ ~ - ors I ~ ~ ~ ~ ~ w ~ n g `~ ~ ~ d ~-~f ~ w a~ ~- x O ~ =~ ~. ~ ~ V w \ N ~ ~ ~ a ~ ~ b g _~~ S SF`i / a+ ` O ;~ ® Q ~ ~: 0 0 ~ ,® f~~~ + i~ST .' - 4 .• - - ~~. .mow ~ • ~ •.. ..~.' •~ __ ti~ -.4N- i ~ ~~~ ~, ~~ ~ ~. Y'. • 1. ... ~ ~•~ '~. ~ yl ~!_ .Q t t ; y`~ ~ ° ~ r ~ ' ~: III ~ `~. - .. mss, ~, & ~ ~ •-irk :.' •~x • ~~ ~ fir. a .'Q.. .,'. Q v ~ ~ '''. ~. . 'C `C ' _ ~SEE;:L£ Gl ''tEC LEE .. ' ~ ~ 1C ~ t''. ll ~ ~ . WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES; P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlet W.L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor December 28, 1996 David Turnbull Brighton Corporation 12426 W. Explorer Drive Suite 220 Boise, ID 83713 378-4000 fax 378-8962 COUN I AEG eeeoe WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BEI4TLEY P & Z GOMMICC~ON JIM JOHNSON, Chalm~an KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY RE: Letter of Credit for Site Improvements at Bedford Place #1 Phase #2 As part of the development agreement, you have deposited with the City of Meridian a letter of credit for bonding of improvements of fencing, street lights and pressurized irrigation. With these site improvements being comple#ed and then inspected by City P & Z Administrator Shari Stiles, I am returning your fetter of credit of $21,627.65. Thank you for your cooperation in completing this project. Sincerely i~~ William G. Berg, Jr. City Clerk .... _ _, • • 5 c~urit . Bank y - IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-0013185-9014 ISSUED IN Boise, Idaho on 15 JUL 1996 APPLICANT: BRIGHTON CORPORATION, AN IDAHO CORPORATION, 12426 W. EXPLORER DRIVE, SUITE 220 BOISE, IDAHO 83713 AMOUNT: USD ***21,627.65 TWENTY ONE THOUSAND SIX HUNDRED TWENTY SEVEN AND 65/100 UNITED STATES DOLLARS BENEFICIARY: MERIDIAN CITY 33 E. IDAHO AVENUE MERIDIAN, IDAHO 83642 ATTN: GARY SMITH DATE AND PLACE OF EXPIRY: 15 JUL 1997 OUR COUNTERS We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank of Idaho, N.A. International Department 119 N. 9th Street, 2nd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank of Idaho, N.A. Boise, Idaho DOCUMENTS REQUIRED: +BENEFICIARY'S CERTIFIED STATEMENT, SIGNED BY A PERSON PURPORTEDLY AUTHORIZED BY THE BENEFICIARY, STATING THAT "BRIGHTON CORPORA~:`ION HAS NOT COMPLETED SEWER, PRESSURE IRRIGATION, FENCE AND STREET LIGHTS ON THE BEDFORD PLACE SUBDIVISION, PHASE 1, ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THE EXECUTED AGREEMENT BETWEEN BRIGHTON CORPORATION AND MERIDIAN CITY." THE CERTIFIED STATEMENT MUST SPECIFY THE CONDITIONS NOT COMPLIED WITH AND THAT THESE CONDITIONS REMAIN IN NONCOMPLIANCE. +THE ORIGINAL OF THIS LETTER OF CREDIT. Drafts drawn under this Letter of Credit must bear the clause: "Drawn under First Security Bank of Idaho, N. A. Irrevocable Standby Letter of Credit No. S-0013185-9014 dated 07/15/96." First Security Bank International Department 119 North 9th Street (83702) P.O. Box 7069 Boise, Idaho 83730 Telephone 208-393-2175 FAX 208-393-2160 5 it-1FT Address: FSBUUS51 Telex 3789450 h'rst sec bk .4 firiaricial services company of First Security Corporation ~ ~ L/C #: S-0013185-9 PAGE 2 We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS AGAINST CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS NOT PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. ~/ ,..~~lG~~,. s ~ ~ AUTHORIZED SIGNATURE(S) ~/vE~trt ~. tu9Ei~Gl01A ~~E~ OE Of~EC~9T SPECIAL-ST WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES; P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST' IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • ~IfaR (208) 887-4813 Public Works/BuildingDeptutment{208) 887-2211 Motor Vehicle/Drivers F.icense (208) 888-4443 ROBERT II. CORRIE MEMORANDUM Mater TO: William G. Berg, Jr., Ci C erk .~7 FROM: Shan Steles, P arming & Zoning Administrator DATE: December 19, 1996 SUBJECT: Bedford Place Subdivision No. 1-Release of Bond COUNCn M h~t3FRc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. e3E~ITLEy P_8 Z GOMh"I ION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY David Turnbull asked that we release his bond fa Bedford Place Subdivision No. 1. All landscaping and fencing has been installed; I assume all the streetlights have been installed and inspected. Please release the letter of credit for 521,627.65 and issue a check to return the $701.25 for the temporary fencing. Thank you. cc: David Turnbull '`' 7`~ RUBBLE ~IGINEERING, INC. 9550 Bethel Court ^ Bolse, Idaho 83709 ~o sf,~~ ~~oQ~ 208/322-8992 ^ Fax 208J378-0329 October 17, 1995 Mr. Gary Smith, P.E. Meridian City Engineer 33 E. Idaho Meridian, ID 83642 ~: Bedford Place Subdivision Dear Gary: Brighton Corporation has requested an estimate of construction costs to pipe the South Slough Stub which runs pazallel with and west of the above referenced site. After a field investigation, as well as research with ACRD and ITD, we have not been able to determine the size of the pipes under either Ustick Road or the Onweiler Lateral. However, John Anderson with NMID indicated that this ditch primarily functions as aground-water drain and a 24- inch pipe should be more than adequate. Estimates to install that pipe and backfill the existing ditch from Ustick Road to the south side of the Phase-1 constructions is as follows: Install 800 l.f., 24-inch, 12 gauge CMP with bedding: 8001.f. @ $26.00/l.f. _ $20,800.00 Import backfill/compact existing ditch: 1,500 c.y. @ $ 2.00 / c.y. _ $ 3,000.00' (estimated at 2' above pipe) Rip-Rap outlet and placement: 10 c.y. _ ~ SO TOTAL $25,300.00 Should you require further information regazding this subject, please advise. Sincerely, NECEIVED Gene P. Smith, P.E. Senior Project Manager 0 C ~ ~ 3 ~9°~ qTY GPS/vw/2572.1tr xc: David Turnbull, Brighton Corporation ~.C~ sh.~w~. ~i ~r~ 10~~~4'S '"" d ~ ~' I~ECEI~IE DEC 2 9 1994 ~2~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 27 December 1994 Phones: Area Code 208 Gene P. Smith OFFICE: Nampa 466-7861 Hubble Engineering Inc Boise 343-1884 , . 9550 West Bethel COUrt SHOP: Nampa Boise 466-0663 345-2431 Boise, ID 83709 RE: Bedford P1ace.Subdivision Dear-Gene: The construction plans for the above-mentioned received and reviewed. There were no calculat pons esent afor tithe storm drain system. Our review indicates that the seepage trenches may be slightly undersized. There are three sand and grease traps with overflows to the Finch Lateral. These overflow outlets need to have orifices placed in them to restrict the combined flows to the pre-developed amounts. The plans show the proposed relocation and Lateral. There needs to be access piping of the Onweiler at station 2+05.45. A trash rack needs to be provided at theoinlet to the irrigation box. Since the system is a siphon and will act as a pressure pipe, the District requires that the invert of the pipe at the first fall be lowered some so that the entire length of the pipe will be on a constant slope and not have a rise in the middle of the system as the plans show. We also require that you redesign the check structure proposed for box #1 for the delivery located on the east side of the subdivision. What I would like to see is a check structure for the diversion located upstream from the pipeline and after the water falls over the check structure, it would go into a box directly into the pipeline. To put it downstream will make it very difficult for our employees if, in an emergency, we have to pull those check boards to drop the water level in a hurry. Page 1 of 2 C~Oo p}~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 27 December 1994 Gene P. Smith Page 2 of 2 One last thing, there were calculations sent for a pressure irrigation system; however, the calculations did not include any pressures in the system when it is operating, which is what we are interested in knowing. The Nampa & Meridian Irrigation District will require a License Agreement for the relocation and piping of the Onweiler Lateral, we need a legal description for this, and we need a License Agreement for any encroachments. To obtain this, would you please contact Dan Steenson, the District's Attorney, at 342-4591 and request him to prepare a License Agreement for action by the Board of Directors. Should the developer intend that the Nampa & Meridian Irrigation District take over the ownership, operation and maintenance of the system, a contract and various other documents must be signed by the developer and the District. Please contact Daren Coon, Secretary/Treasurer, at the District's Office to begin this process. Once the above items have been addressed and changed on the plans, the plans and calculations will need to be resubmitted for the District's review and approval. Please contact me if you feel further discussion is required regarding this matter. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Allen Damberger Rider #4 John Sharp Attorney - Dan Steenson yttorney - Steve Mahaffy City of Meridian Ada County Development Services ~~~ /2 ~ ~\ _ ,~~\ ~~ ~ Q ~~ October 6, 1994 • ~RINTENDENTOFSCHOOLS ~'+~,.~~ r wow ~~ Bob L. Haley ~ DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration t ~~~k9 ASSISTANT SUPERINTENDENT r Christine Donnell, Personnel & Instruction 4~Y ~~' ~~~~~~ DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET MERIDIAN, IDAH083642 PHONE(208)888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Bedford Place Subdivision Dear Councilmen: I have reviewed the application for Bedford Place Subdivision and find that it includes approximately 89 homes at a median value of $120,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 30 elementary aged children, 22 middle school aged children, and 20 senior high aged students. At the present time Chief Joseph Elementary is at 101$ of capacity, Meridian Middle School is at 139 of capacity and Meridian High School is at 130 of capacity. Considering these facts, Meridian School District can not recommend approval of this subdivision at this time. If and when you do, it will be a certainty that students from this subdivision will be transferred outside of Chief Joseph Elementary attendance zone. The school district will have to be allowed time to review an alternative solution to the attendance problem. The elementary school site in Section 3 needs to be finalized before any more subdivisions are approved! The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could su subdivision, we would need land dedicated to the district or hat least made available at a minimum price for a school site in this area. The site would need water and sewer services available. • • In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require one classroom at the elementary level, one at the middle school level and one at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for four portables would be $120,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM:gr • ~RINTENDENT OF SCHOOLS Bob L. Haley ~~Q EXCE! DEPUTY SUPERINTENDENT !~ Dan Mabe, Finance & Administration (! ~fi ASSISTANT SUPERINTENDENT Z ~~~-~~~ ~ Christine Donnell, Personnel & Instruction ~ DIRECTORS Q Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)888-6701 October 18, 1994 Shari Stiles City of Meridian 33 East Idaho Meridian, Idaho 83642 O C T 1 8 1~~~t ' J y :>^ Our letter responding to the application for Bedford Place Subdivision, dated October 6, 1994, had an error in paragraph four. The statement is correct for Section 3, but this development is not in Section 3. Sorry for the inconvenience. Sincerely, Dan Mabe, Deputy DM:gr Superintendent cc: Brighton Corporation CENTRAL •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # REVIEW SHEET AECEIVEID Environmental Health Division O C T 1 41994 CITY OF MERIDIAN Conditional Use ## Prelimina final Short Plat ~~ ~~~c. StJX3D/y/S/pi.l ^ I • We have Objections to this Proposal. ^ 2• We recommend Denial of this Proposal. Return to: ^ Boise ^ Eagle ^ Garden city ,Meridian ^ Kuna ^ ACZ ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6• We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ,f~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~=central sewage ^ community sewage system ^ community water ^ sewage dry lines ~i~central water ,~ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 3. ~~ ~ ~ ~ Revie d'/ / ~O~ ~~ S . Date: ~D / /~ /~ wed By: ~i CDND 10/91 rcA, rev. I I/93 jll CENTRAL • • DISTRICT ~= ! EA LT DEPARTMENT MAIN OFFlCE • 701 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 315-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy IifestyIes; and to protect and promote the health and qualify of our erwironment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater pretreated through a grassy Swale be subsurface to prevent impact to prior to discharge to the quality. The engineers and architectsunvol ed w th the designtof this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, Feb~ary 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3J CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving 1raIley. Elmore, Boise. and Ada Counties Aao i eas.couroyotnee 7m N. Armstrong ~. unc soo. • Mew 1606 Raoerts ama.coumrome. Bmon ~r otAa vobr cover Oma soae. rD..83704 Boas ID 520 E em sheet N. or En+rirornrtNdal xaann ao. eox 1448 Ermro. Hearth:327-1499 ~4r PlanrwK ~ 321-1400 . . 83705 Ph. 3343355 ' Mountain Home. ID. 83641 Ph. 581.4407 190 S 4th Sheer E MautncT Home rD MCC, tD. 83638 , 324 Merid ar~. ID. . . Ph. 63d-7144 Imrtwr>¢ations 327.7450 836,42 p~ 8883515 83617 Fh. 587.9225 Nuhthan:327.7460 WIC: 327-7488 ~. r OFFICIALS • HUB OF TREASURE VALLEY • A Good Place to Live COUNCIL MEMBERS CITY OF MERIDIAN RDNALDR.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chfef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO SHARI STILES MERIDIAN, IDAH083642 >~ECE~`~`~~'~ngAdministrator Phone (208) 888-0433 • FAX (208) 887-4813 N JIM JOHNSON Public Works/Building Department (208) 887-2211 O C ~ ~ J Chairman • Planning R Zoning 1994 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 11, 1994 TRANSMITTAL DATE: 10/01/94 HEARING DATE: 10/18/94 REQUEST:~nal Plat for Bedford Place Subdivision BY: Brighton Coruoration LOCATION OF PROPERTY OR PROJECT:__ South of Ustick oad an Ea4t of e ' 'an Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES ` / OTHER:_ ~D y~0 -- ~ 7 YOUR CONCISE REMARKS: L ~f CC~~ TuraS•~ a .~ i ~ /"tlv,,.F S , L L i,/~2 ~ ~9 ~ 13,Q.ry ~ .~_ /' 4l r l i eve i .S ~f,yr><P b~~ yr S I Dt>.ps cva f I~o cfK °~c 4cL ~,~d t~ ~~~ v v ^~~~~ r • • 15 February 1995 Gene P. Smith Page 2 of 2 The Nampa & Meridian Irrigation District does require a License Agreement for piping and relocation of any of the Nampa & Meridian Irrigation District facilities and also a storm water discharge agreement to return any water back into our system prior to any construction. Could you please contact or have your client contact Mr. Dan Steenson, Attorney for the District, at 342-4591 and request him to prepare a License Agreement for the above-mentioned items. The Licensee is responsible for payment to the attorneys for this contract. Once your client has returned signed copies of the License Agreement, it will go before the Nampa & Meridian Irrigation District Board of Directors at the next available Board Meeting for their consideration. Once the Board of Directors has approved the License Agreement, construction can commence. Please supply us with the above-requested items at your convenience. If you feel further discussion is required regarding this matter, please feel free to call on me. Sincerely, /• John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Rider #2 Rider #3 Dan Steenson John Sharp ./Meridian P & Z Ada County Development Services Ada County Highway District ** TX CONFIRMAT~REPORT ** AS OF MAY 05 '9:24 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 26 05/05 12:24 208 888 9936 MODE MIN/SEC PGS CMD# STRTUS G3--S 00'42" 001 173 OK ocxlGALS HUB OFTREASURE VALLEY WILLIAM d BERG, Jr., GIy Clerk JANICELOASS. GIYTrowurer A Good Place fA Live couNa~'~'"~ RONALD 0. TOISMA _ q~E ~~~~WO~~`~8~1 [/''~ ITY OF MERIDIAN MA%YERgINGTON ROBERTO.CORRIE W T • JOHN T. SNAWCROF'r. Wash WsNar SuP6 ~/ AL W.MORROW DENNISJ.SUMMERS,PUIte9upl. SNARI S. STILES; P b 2 Aam 33 EASTIDAI-IO Pa2CONM13S10N . KENNETH W. 60WERa, fire Cnwf " " MERIDIAN, IDAHO 83642 JIM JOhNSON, ChWrman NOE AUOJANI W. L BILL OOROON, Ppllh CAlar WAVNE G. CROOKBTON, Jq., AUernsy Phone [~ 8684133 • FAX (205) 887.1613 JIM SHEARER CHARLIE ROUNTREE Publie Works/Bwlliim8 Department (208) 657-2211 TIM NEPPER GRANT' P. KINGSFORD Mayor FACSIMILE COVER SHEET TO: FAX NUMBER:~~~~ //~~BppS ~ - ~ I.3~ DATE: ~ ~~" ~/~ DELIVER TO: ~ii/u.(^~ ~BF'l~O~ TITLE/DEPARTMENT: (;/t~J (~6~L%c~~ ~e~~L,, .7-t¢ ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~/~~ TITLE/DEPARTMENT: //~~ COMMENTS: f2'2Q ~l~Ce ~, ~-~,~~a ~ ~7L `,~ ~ -- ~/~I.,~l~L,, Leda , X12 ~?~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4x133 ** TX CONFIRMAT REPORT ** AS OF MAY 04 '9:14 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 15 05/04 13:04 12083??8962 MODE MIN/SEC PGS CMD#t STATUS G3--S 09'31" 012 154 OK Post itm Fax Note 7671 ~~ .5'/y~9S aaees~ 12 To (~ _ From P1f' 1 Co./Dept. Meridian City Council T~ ~ Phone # Phone # May 2, 1995 Fax a .~ ~ _ ~ qL4 2 Fax # Page 14 may come to that. 1 don't think it is there yet, but I have just seen notes evolve from 5, 6, 7 notes, now on this last subdivision like I mentioned there was something like 17 notes on that page and it gets really busy. Cowie: Mr. Mayor, as the plat, you have the plat page and the signatur® page is that page 1 of 2 and 2 of 2. Maybe we could say it is 3 pages then and then it is up to the developer whoever it is that they better make sure that they have a!I of those pages. May not want to pay any attention to the signature but if there was 3 I would think that if I were a builder I would pay attention to the builder. Kingsford: The notes ought to be the second page (inaudible) Cowie: That is correct. Kingsford: Well, dully noted and you have been City Engineer for how long? Smith: Since 1985. Kingsford: Longer than 16 months. Morrow. That is alright I will still challenge him. Stiles: Mayor and Council the next item is the Bedford Place Subdivision that is adjacent to Fothergill Subdivision to the north. If you will remember this is the project that was having a hard time getting their R-8 zoning until they convinced the Council it was the amenities they were providing were going to enhance the City to the point where you would welcome this subdivision. The bike path is designated along the South Slough, and was a natural, I considered it to be a natural waterway that was very pleasing and a nice amenity. Unfortunately this subdivision has relocated that to in some places as close as 6 feet to the adjacent Fothergill Subdivision. It is close to 10 feet deep, exb-emety deep slopes, Gary estimates about 1 1/2 to 1 maybe. This was done last Monday I believe and the calls immediately started coming and have been coming in on a daily basis. Wanting to knowwhat is going to be done, threats from people that they were going to sue the City, realtors going to sue the City, going to sue Brighton, they are going to sue anybody they can think of. If you have gone put there, if any of you have gone out and looked at this it is huge, I mean an animal would get caught in it, a human would have a very hard time getting out of this. When they started digging this they knew full well that they weren't complying with the plans that had been submitted. The plans showed 4 feet deep and slopes and 20 feet off set from Fothergill Subdivision. I think at the very minimum we need to require fencing be put in immediately, their plat hasn't been signed, they have come up with some options that they came in and talked to us about today. Their final plat was CENTRAL • • ~~(;~~~~ •• DISTRICT i'11'HEALTH AFB ~ ~ ~~~~ DEPARTMENT MAIN OFFICE 101 N. ARMSTRONG PL. BOISE, ID 83104-0825 •2887 3953'1t1 ~F~~311~5~' To prevent and treat disease and dzsadility; to promote healthy lifestyles; and to protect and promote the health and finality o/onr environment: 95-153 April 18, 1995 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: BEDFORD PLACE ,SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on April 18,1995. No lot size may be reduced without prior approval of the health authority. If you have any questions please .call. Sincerely, %~,~ f. Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health HUD City of Meridian Brighton Corp. Hubble Engineering Searing Palley, Elmore, Boise, andAda Counties ADA / BOISE COUNTY OFFICE 707 N. ArmSlrOng PI WIC BOISE • MERIDIAN 1606 R b EIMORE CouNTY OFFICE EvaoRE COUNTY OFFICE VALLEY COUNTY OFFICE . Boise, ID 83704-0825 o ert St. Boise, ID 83705 520 E. 8th Street N. Mountain Home ID of ENVIRONMENTAL HEALTH 703 North 1st Enviro. Health: 327-7499 Ph. 334-3355 , 83647 Ph 587-4407 190 S. 4th Street E. P,O. Box 1448 Family Planning: 327-7400 324 Meridian Rd . Mountain Home, ID McCall, ID 83638 Immunizations: 327-7450 . Meridian, ID. 83642 83647 Ph. 587-9225 Ph. 634-7194 Nutrition: 327-7460 Ph. 888-6525 WIC: 327.7488 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurar GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner d Zoning Administrator JIM JOHNSON r''~ ~~ ap~Plannina 8 Zoning ~ := i .~_~:. ~ cam. `' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENZ` ~Y~~~'~'~'~"'fcT WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hatf, Attn: Will Berg, City Clerk by: __ October 11 1994 _ TRANSMITTAL DATE:__ 10/01/94 HEARING DATE:_ 10/18/9 REQUEST: Fina Plat for Bedford lace Subdivision BY: Brighton Corooration LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and East of JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~~~~~~~,~ E ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH O C T 2 ~ '~ J4 NAMPA MERIDIAN IRRIGATION DISTRICT 4 .. ' _..: SETTLERS IRRIGATION DISTRICT ~^~~ IDAHO POWER CO.(PRELIM 8t FINAL P ~ ~ ~'~ 'wd~''rti~~'0'aa`~y' U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: v c ~ a Nampa & Meridian Irrigation District's Finch Lateral courses along the south boundary of this project. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way. Nampa & Meridian Irrigation District's Onweiler Lateral courses through the middle of this project. The right-of-way of the Onweiler Lateral is 50 feet: 35 feet to the right and 15 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage Nampa & must be retained on site. If any surface drainage leaves the site, Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. ~11 Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District C~ '~a~rr~ia- 8~ ~l~i'ao~ ~vctgauao~ Dta~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 21 October 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gene P. Smlth Boise 343-1884 Hubble Engineering, Inc. SHOP: Nampa 466-0663 9550 Bethel Court Boise 345-2431 Boise, ID 83709 RE: Land Use Change Application for Bedford Place Subdivision Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Brighton Corporation City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • ' D-'j, t~--g ~a ~.I I~1 R ..~. . ~~ e s~ i: : 3 ~ i -- tt ;. ~ 10 ~ t2 ti t~ ti t ! 3 4 e ~ ~ , 1: 1 / ~ 13 1~ r~utst~N tstsutsttnto ss t~ ' ~ ~ t• , ~( t i 3 { i i 3i !! 21 !D tt » t7 ti 1 ~I 1 ~s t: tt to 1~ t • ~ >K se ~ n s ~ ao st ' s ~ 1 ~ ~ssoa ~xae t : li i ~1 1~ ~ 1 •e ~ a et ~ ,e ae >7 a tt e i ~ ~ ~ ~ 1M , ~ : , H y ti i7 N to t~ 13 t! tt 10 q µ iQ ~{ t7 r 0 , ,~ / » ~ 1~ / ~p Aw- ..-..- ~ . .. • ~+ • 1 . ~ ~ , • • r • S ~ ~ Z 1 ~ ~ • j' , • • / ~ » ~ ~ i ~ i i 1 i i i ~ • • 1 Z ~ . . . . . ' ~:' ~ ,~ =- . ' ~ ~ ~ , . ~. . . . . . . .. .. .. . . . . . . . - .. .. ~... w • . ~ ~ • • ~ . ~ ~ -. • • ~t ~ • • ~ • • • • • • . ' • ~ ~ ~ a ~ „~ ~ • RT • SUPERf(~'rg1VCENT pi gCHaplg ~. N~~r ~<< iNIE111NTFNOf:hT \~.~ O~n M~.l~inargv R AdrnM~Nrahvn ~'.iSISTANT [tJ ~ OIg8C7~ ~ NITPM~On~NI • inst-uCtlOn 9hvrvf I~IknaO. [It•rtNAtQry Dov9 A~ut~gpvic if S~ervrce~ JOINT SCHOOL DISTRICT N0.2 3t t MEAIOIAN STREET WlRIOIAN, It7AM0 a~Q PN4NL G~ titltl~tfTOt October 1$, 1994 Shari Stiles City o! Meridian 33 Ea$t ztiafho Meridian, Idaho 83642 Our letter responding to the appliCat,ion for Bedford Place SubCtiviaion, dated Octabvr 6, 1994, had an error in four. The +~tatement i» correct for Section 3, but t?piisagraph develepfltent is not in Section 3. Sorry for the inconvrnienes. Sincerely, Dan Mabe: Deputy DM: gr Superintendent cc: Brighton Corporation Past-It'` bran tax transmittal memo 7671 • of pis . o wv~. ~. r r x 0~ T 1 i3 ' 9-1 1 3:53 : ?:]~3 ; ; S9f..;? PAGE .001 SU~IVISION EVALUATION ~EET d ~ T 2 4 d99~t Proposed Development Name BEDFORD PLACE SUB ~~ ®F ~~~~~~p~ City MERIDIAN Date Reviewed _ 10/13/94 Preliminary Stage Final XXXXX Engineer/Developer Hubble Engr. /Brighton Corperation The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall aooear on the plat as• "E USTICK ROAD" The following new street names are a~oroved and shall aooear on the plat as "NORTH ARROWW OD WAY" "E. ADDESON STREET" "N. ANST N AVEN E" "E SEDGEWICK STREET" "E EDGAR "E. BALDWIN STREET" "E. WAKELY STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEF~-GENCY~RESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date /d I3 Ada Planning Assoc. Terri Raynor ~Z--- r Date ~v I Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~ ,. ..... I '! t~ ~ ~;~~~I ~~. 'e ~ i q 6*~~ ~ $ g~ is ~~ ~ ~~=~n;3 j ' ~j ; ~' ' ~ ~ ~' ~ ~°-i' o ~ ~~~E ~~ ~ ~ ~ i i ~ ~ . I ~ ~ ~ ~ I~ .~~~~'*E: I I. I. a: ! 1 ~ k ~.~ 1 1 .wr. gar 11R ~Pi ~' ! ~ .rs?olr .c ~ ~wsra ,ue ~ ~I O ~°~ ~ 9~ O ~~ .. © ,o ~~ ~ r ~~ ® O •~~~ ~~~~~ ~ • • ~~' • p e - Yom, Q ,~ ~~ ~ ie ~ Fj ~ r i~ ~ ~ ~~„! - ~ I ~.~~i ,. ~; {• ss ~~~~f y' a ' ~• I •~''° 1i ~ i i ,, ~ ~ •, , ~ s= ~ s a~ ~ ' i e ~,.J... Y ,.~.~ ,.. ~ ~ll M. ~ .YL. RI I ~. ~I ° i a `~ `~ r .. ~L ~£ s ~-- iI~A 8 ; F` ~ ' I ~ ~!~ I i~ 1 I ~~ 0~~~~ C `~ i ,. ® I~ ® o~ ~ ~; ~ "_ y ~ ~ ~ b i ~,~ ~ O Lr ~a p O ~` ~ ~ ~ 4 I ® ® q i~ :~ z ~'~ ~ l` C : a~sr' +~~ Z ~ ~ , r~~ .' i GOAD i ^j 2 Z m~ 21 $~ ~'! ~Y .: $Y O W ~ i ~_ =it ~` f a ~ ~ ; ~ 2 Uf ~ i O n ~. ~.; g b ~~ ~~ I ~ f1 ^~^ ~ V i T~ r- • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty Clerk A Good place to Live COUNCIL MEMBERS JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY 0. SMITH, P.E. City Engineer CITY OF MERIDIAN MAX YERRINGTON BRUCE D. STUART, Water Works Supt. ROBERT D. CORRIE JOHN T. SHAWCROFT, waste water Supt. KEN 33 EAST IDAHO WALT W. MORROW NY W. BOWERS, Fire Chief SHARI STILES W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887.4813 JIM JOHNSON Public WOrkS/Buildln g Department (208) 887-2211 Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Witl Berg, City Clerk by: October 11 1994 TRANSMITTAL DATE: 0/01/94 HEARING DATE:- 10/18/94 REQUEST: Final Plat for Bedford PI ce Subd vision BY: Brighton Corooration LOCATION OF PROPERTY OR PROJECT:-- South of Ustick Road and East of Meridian FFoad JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TfM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAIIAP-TION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U _.._ .. .. ~ Q C T 2 0 ~9~4 ,~ .~, 9~0 ~oQ~ SURVE RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 October 18, 1994 Mr. Will Berg Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 RE: Bedford Place Subdivision Item No. 10 Dear Will: VIA FACSIMILE Please find attached copy of my letter to Gary Smith responding to specific concerns which were raised by the engineering department concerning the final plat for the above referenced. I have also attached a copy of Dan Mabe's letter to Shari Stiles retracting his October 6, 1994 comment concerning the elementary school site. I would appreciate you providing copies of this letter and attachments to the Mayor and Council prior to tonight's meeting. Should you require further information, please advise. Sincerely, ~~~ ene P. Smith, P.E. Sr. Project Manager GPS/bh/844.1tr `\,\~ ENU~tiF~9~ . RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322 8992 ^ Fax 281378.0329 ~tio ~o~y SURVE October 18, 1994 VIA FACSIMILE Mr. Gary Smith, P.E. City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 RE: Bedford Place Subdivision Dear Gary: In response to Bruce Freckleton's memo of 10-13-94 addressed to the Mayor and City Council concerning the above project, I wish to address specific items as follows: Item No. Discussion 2 Please find attached copy of approved names. ~ This density includes the comrnon/landscape lots.. Actual building lots is 78 which results in a density of 3.61 dwelling units per acre. 5 The street frontage for the 3 lots in question will be increased to the 65-foot minimum. 7 Please provide additional information. I am unable to find a discrepancy. Those items not specifically mentioned above will be modified on the final plat. Should you require further information, please advise. Sincerely, ~./~~-~C Gene P. Smith, P.E. Sr. Project Manager GPS/bh/843.1tr ,;~~ :. ~ . ~o, SI.~JIVISION EVALUATION ~-IEET o .,.,~ Proposed Development Name BEDFORD PLACE SUB City MERIDIAN ~__ -- -- Date Reviewed 8/25/94 Preliminary Stage XXXXX Final Engineer/Developer _ Hubble EnQr. /Brighton Coroeration The following SUBDIVISION NAME ~s approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. // ~~ ~u~~`~ BEDFORD PLACE SUBDIVISION X, 5~~~~'pate%(~{ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "E. USTI K ROAD" "N CURT DRIVE" The following new street names are approved and shall appear on the nl t _ "NORTH ARROWWOOD WAY" "E. ADDESON STREET" "E. SEDGEWICK STREET" "E EDGAR STREET" The following proposed names may be reserved to be used on this subdivision plat _ "BALDWIN" "OBERLY" "WAKELY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ~~1CY REPRE,6~NTATIVt=4 OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada C~ time of signing the "final plat", otherwise the plat will not be signed !!!! e....... i.,,~.... Post-it~ Fax Note 7671 ~1s ~ 30 - To D a 0"q From ~/'y~ . ~ ~' ~ ~ ~ . ~'~ ~ Phone t Fax 1 3 7 _ c3 2 Fax I (!/S - ~ ~ / '% >~ _ Date Z _ Date ~ Date 7i5 y Engineer at the Sub Index • ~ B~ri h to n g Corporation ~~~~r~~~ N0~1~1998 CI ~ ~F ~~F ~CE IA11T November 6, 1998 Mayor Bob Corrie City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 RE: Bedford Place Subdivision No. 4 Letter of Credit # 5-0013185-9027 In the amount of $28,877.41 Dear Mayor Corrie: The landscaping,. pressure irrigation, fencing, and street lights for Bedford Place Subdivision No. 4 have been completed. I am looking for your assistance in the expeditious release of the above- referenced Letter of Credit (copy attached). If you have any questions, please call me. Sincerely, David W. Turnbull President Attachment 12426 W. Explorer Drive, Suite 220 ~ Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962 Mayor ROBERT D. CORRIE mcil M mb rS CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD - • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 December 28, 1998 David Turnbull Brighton Corporation 12426 W. Explorer Drive Suite 220 Boise, ID 83713 378-4000 fax 378-8962 RE: Letter of Credit for Site Improvements at Bedford Place #4 LEGAL DEPARTMENT (zo8) 8sa-4z64 PUBLIC WORKS BUILDING DEPARTMENT (zo8> 887-zz I I PLANNING AND ZONING DEPARTMENT (208)884-5533 As part of the development agreement, you have deposited with the City of Meridian a letter of credit for bonding of improvements of fencing, street lights, landscaping and pressurized irrigation. With these site improvements being completed and then inspected by City P & Z Administrator Shari Stiles, I am returning your letter of credit of $28,877.41. Thank you for your cooperation in completing this project: Sincerely ~-, ~~~ William G. Berg, Jr. City Clerk Firs 5ecur~~y Bank., DEAN OBEI~ST • ?/ice Presidcut Idaho Project Fi~mncc Dcparhuent First Sccurih/ Bnnk of Idaho 999 Mnin Shz'et, 3rd Flour P.O. Boa- 7069 Baisr, Idaho 83730 Telephonic 208-393-5355 FAX 208-393-5440 A fi'nm~cinl scrz>iccs comynml of First Security Coryorntion ~~~"St • 5ec~r~-Ety Banl~® IRREVOCABLE STANDBY LETTER OF CREDIT N0. S-0013185-9027 ISSUED IN Boise, Idaho on 25 MAR 1998 BENEFICIARY: Meridian City 33 E. Idaho Avenue Meridian, Idaho 83642 AMOUNT : USD * * * 28, 877. 41 TWENTY EIGHT THOUSAND EIGHT HUNDRED SEVENTY SEVEN AND 41/100 UNITED STATES DOLLARS f3E~Ff VET 1MAR 3 0 19~~ pA~lDtAN C+FTY EN~~~ APPLICANT: Brighton Corporation, an Idaho Corporation, 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 DATE AND PLACE OF EXPIRY: 25 MAR 1999 Our counters. We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank, N. A. International Department 999 Main Street, 3rd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: 1. Beneficiary's certified statement, signed by a person purportedly authorized by the Beneficiary, stating that "Brighton Corporation has not completed landscaping, pressurized irrigation, fencing, and street lights on the Bedford Place Subdivision Phase 4, according to the terms and conditions set forth in the executed Agreement between Brighton Corporation and Meridian City." The certified statement must specify the conditions not complied with and that these conditions remain in noncompliance. 2. The original of this letter of credit. Drafts drawn under this Letter of Credit must bear the clause: First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Ziy 83702 Tclcyhonc (208) 393-5343 Fax (208) 393-5316 Telex: 3789450 FIRST SEC BK SWIFT Address FSBUUS57 A fi'nancinl services comyarn/ of First Securitu Coryorntion !~ ~ First ~ Security ,~ Bank® ,; L/C #: 5-0013185-9027 PAGE 2 "Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. 5-0013185-9027 dated March 25, 1998. " We hereby agree to honor each draft drawn under and in compliance with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry date of this credit. REIMBURSEMENT INSTRUCTIONS: PAYMENT TO BE EFFECTED PER YOUR INSTRUCTIONS AGAINST CONFORMING DOCUMENTS PRESENTED AT OUR COUNTERS. PARTIAL DRAWINGS NOT PERMITTED. MULTIPLE DRAWINGS NOT PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. DEAN OBERST Vice President Idaho Project Finance Dcpnrhnent First 5ecur~ty BanK~ First Security Bank of ]daho 999 Main Street, 3rd Floor P.O. Box 7069 Boise, Idaho 83730 Telephone 208-393-5355 FAX 208-393-5440 A financial sere~ices compmn~ of First Secairity Corporation AUTHORIZED SIGNATURE(S) oes~ ~. ooaArs UTTER OF CAEDIT SPBGAlJ$T f~ECF1VED MAR 3 0 1998 MEDIAN IN ENGMEER First Security Bank, N.A. International Banking 999 Main St., 3rd Fl. Boise, Idaho Zip 83702 Telephone (208) 393-5343 Fax (208) 393-5316 Teiex: 3789450 FIRST SEC BK SWIFT Address FSBUUS51 A frnancial services company of First Security Corporation OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY 0. SMITH, P.E City Enflineer BRUCE D. STUART, Wster Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (206) 888433 • FAX (ZOB) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM June 29, 1995 TO: MAYOR -COUNCIL -CITY CLERK RE: BEDFORD PLACE SUBD. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 2 COMMISSK)N JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER PROPOSED RE-PLAT -LOT 26, BLOCK 4 (COMMON AREA) FROM: GARY D. SMITH, PE ~ I have met with Mayor Kingsford concerning this matter and he asked that I send a memorandum outlining the minimum conditions for consideration of this request, if it happens. The proposed purpose of the developer replatting this lot into 8,000 S.F. residential lots is to obtain funds from lot sales to offset the cost of piping the Finch Lateral through the subdivision. The maximum number of lots to be considered in any replat request shall be determined by the market value of the lots minus the costs of lot improvement divided into the actual cost to pipe the ditch. The costs to improve the proposed lot area shall not include the street improvement, water, sewer or other utility costs within the street with the exception of service line stubs to the proposed lots. ALSO: It is still my opinion that even though city staff did not specifically state in their comments it is a requirement to pipe this ditch as stated in our ordinance and the developer is bound to the ordinance requirements unless a variance thereto is granted by the City Council. • • ~~:~~~ FED 1 7 155 cr~r of IKr:~r~rA~ '12a~ryra & ~~v+~tdla..c ~vugauoc D~a~ttct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1995 Phones: Area Code 208 Gene P. Smith Hubble Engineering, Inc. OFFICE: Nampa Boise 466-7861 343-1884 9550 West Bethel COUrt SHOP: Nampa 466-0663 Boise, ID 83709 Boise 345-2431 RE: Bedford Place Subdivision Dear Gene: The plans for the pressurized irrigation on the above-referenced development show 1 inch risers for services. The District standard is 3/4 inch for all lots. This needs to be changed on your plans. The rest of the plans regarding the pressure irrigation system appear to be adequate once this item is corrected. The District does require certain agreements and contracts between the developer and the District prior to Nampa & Meridian Irrigation District taking over the facility, if that is the intention of the developer. Please contact Mr. Daren R. Coon, Secretary/Treasurer of Nampa & Meridian Irrigation District, if this is the intention so that we can get this paperwork behind us and the District can move on to on-site reviews as it goes in as we prefer to do. The piping of the Onweiler Lateral is shown. The entire relocation and piping through the subdivision should be completed at the same time. Also, the relocation of the Finch and the culverts that are needed .for the streets should be completed at the same time. We would require that legal descriptions be provided to us for this work. Once the legal descriptions have been reviewed and approved, these relocations should not hamper the operations of the Nampa & Meridian Irrigation District. The storm water plans, which were developed using the 100 years storm return flows will only be accepted for the 25 years pre- development flows. Thus, flow restrictors will be required in all pipes returning run-off to Nampa & Meridian Irrigation District facilities. We do need to see and review plans which indicate flow restrictors are designed. Page 1 of 2 ._ „~ ----- ~:: ;,. APPROXIMATE tRRIGABIf ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 r .; .;~C;; ~~"~ -~¢ DEVELOPMENT AGREEMENT ``. ":= `` :. .....: - . 95 `sep• ~~ A1h //~'~3 THIS AGREEMENT, made and entered into this ~ ~ ,30~ ~ ~6 -day of 1995- , by and between the CITY OF MERIDIAN, a municipal corporation of the Sta of Idaho ~~ ~ ~ ~ ~ ~ `' the first part, hereinafter called the "CITY", and BRIGHTON CORPO~Aq'ION ari Ida.hoo Corporation ,party of the second part, hereinafter called the "DEVELOPED"; `whose address is- - 12301 W. Explorer Suite 200 Boise Idaho 83713 . WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in attached Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit A ,and requested zoning of R-8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as-sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2.. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single- family houses shall have at least _1.400 square feet of floor space, exclusive of garages. 3. That the property zoned R-8 ,described in "Exhibit A", shall have lot sizes of at least Six Thousand Five Hundred 6 500 )square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein, except as may be approved by amended preliminary. plat. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Plan shall show proposed location of pressurized irrigation. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks; cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT page 2 • • shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • • unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancv within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements sepazately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows cleaz and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupant shall be issued in any phase in which the improvements have not been installed, completed, .and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a temporary perimeter fence around the entire pazcel prior to any construction except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Brighton Corporation City of Meridian 12301 W. Explorer 33 East Idaho Suite 200 Meridian, ID 83642 Boise. Idaho 83713 BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 23. That DEVELOPER agrees that it is going to prepare and request approval of an amended plat the requirements of which shall be at the discretion of the Zoning Administrator; that the amended plat shall encompass the land currently covered in the non-development agreement; that at the time of submission, and during the process, of the amended plat, Developer shall submit a request for approval of a tot-lot and basketball court or volleyball court; that detailed specifics of those recreational facilities shall be submitted at the time of submission of the amended plat even though those recreational facilities will be located in the second phase of Bedford Place Subdivisions and this Development Agreement applies to the first Phase of Bedford Subdivision; that said amended plat will be limited to a maximum of eight additional single family lots adjacent to the Finch Lateral; that said lots will each be a minimum of 8,000 square feet; that upon approval of said amended plat and in conjunction with construction of the "non-development" portion of Bedford Place Subdivision and prior to or in conjunction with development of phase two of Bedford Place Subdivision, the Finch Lateral will be tiled; and that a license agreement with Nampa- Meridian Irrigation District will be in place prior to the expiration of the "non-development" agreement for the first phase of Bedford Place Subdivision. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • • DATED the date, month and year first appearing. DEVELOPER: BRIGHTON CORPORATION By .~` Fo ~~~ ~ _ ' -~ %~~ ~~' ~s~ • ~ ,~~~~ rat„ By CITY OF MERIDIAN B Grant P. Kingsford, Mayor B William G. Berg, Jr., City Cle BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT page 7 STATE OF IDAHO ) County of Ada ) ss. On this ~f~ da of Y ~ , 1995, before me, the undersigned, a Notary Public in and for said State, perso ly appeared David W. Turnbull and Michael H. Tanner known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS••t~F~~ I have hereunto set my hand and affixed my official seal, the day and year in th;~~~ ~tve written. •• `y • ~i••~OTARy e,n •,' l ~ • ~' ~'~/ 1.G~ '* AUBLZG :~ ~' ~~ ,i Z, J,~ •.• °.® No Public f Idaho ; ~'•, q ••.....••'.~+~~.°° Residing at: ~ ~~~ (SEAL) '~•~~8 OF ~~~;••• My Commission Expires: / STATE OF IDAHO ) County of Ada ) ss. On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT page 8 ``J~V Env/ryF~9 • `" RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/3780329 9~O Si.n..E~~P`1 Project No. 94035 EXHIBIT "A" April 1, 1994 BEDFORD PLACE SUBDIVISION Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter comer common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Govemment Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: NUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/879.des • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BRIGHTON CORPORATION This subdivision is for 78 single-family dwelling units with an overall density of .61 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, excluding Finch Lateral, except as may be modified by a subsequent amended preliminary plat approval. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks streets to and within the property. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of--way, including necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the CITY. 8. Provide temporary construction perimeter fencing except where such requirement has been waived in writing by the CITY. 9. Construct apedestrian/bike path and park-like corridor along the Finch Lateral Green Belt, except as may be modified by a subsequent amended preliminary plat approval. 10. Provide a 20'-wide common area landscape buffer along Ustick Road. BEDFORD PLACE SUBD. -EXHIBIT B • AFF'IDAVIT' REQUESTING NOTICE OF CHANGE ON THE-PLAT OF BEDFORD PLACE SUBDIVISION State of Idaho County of Ada I, Gary D. Smith, a licensed Professional Engineer by the State of Idaho and City Engineer for the City of Meridian, Idaho, do hereby request a change be made to the Plat of Bedford Mace Subd. as recorded in the Ada County Recorder's (yl'~~ce ir, Rook 70 of Plats at Pages 7162 and 7163. The purpose of this affidavit is to request the Ada County Recorder to make notation on said plat changing a street name spelling. The requested change on the plat is as follows: On Sheet No. 1, the street named N. Arrowwood Way should be N. Arrow Wood Way, as previously recorded in Fothergill Pointe Subd. No. 1 & No. 2. ,.__._ Gary D, Smith, P.E. Idaho Professional F License No. 2245 State of Idaho County of Ada 45 0 ~q t9~9~~ ~' 0 f ~~ ~r OED N S~\/ On this 2--_ day of S and for said State R'-~-~~--1995, before me, the undersigned notary public in personally appeared Gary D. Smith, P.E., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have set my hand and seal the day and year in this certificate first above written. i ~~ ~ ry Public Idaho Residing at Mendia,,~ ~ My Commission expires u-29.?.Cbo _~ ~~~~ LOG $ ~ -~ ~ Brighton ~ Corporation February 9, 1996 Mr. Gary Smith City Engineer Meridian City Meridian, ID 83642 RE: Release of Nondevelopment Agreement on Bedford Place Subdivision Dear Gary: Per the nondevelopment agreement executed between Brighton Corporation and the City of Meridian as recorded by Instrument No. 95030566, Records of Ada County, we hereby request a release and termination of said agreement and permission to proceed with development of the "undeveloped lots" therein. Enclosed is a written description of the improvements, together with the cost of each improvement for a total of $151,911. The estimated-time to complete the improvements is 10-12 weeks. Please indicate to me if these costs are acceptable so that I can proceed with a surety agreement/letter of credit to the city. Or, with your permission, I would suggest that we leave the Nondevelopment Agreement in place while we construct these improvements and release it near the end of construction. We will bond for any items that are not completed at that time. This is standard procedure for developing, constructing, and bonding within a subdivision. As I indicated to you on the phone, we intend to develop these undeveloped lots now. These lots are included in the recorded plat for Bedford Place. At the same time, we are adding services for the 71ots which have been given preliminary approval by the council. We will follow up with the final plat approval and recording process of these 71ots so they can be offered for sale after the plat has been recorded. Revised plans will be in your office within a couple days. I hope that your review time will be short as these plans have already been through your review process once. Please advise of anything to be done on our part. Thank you. ~~~~'~ ~~. Sinc a ~F ~ `' ~~~`~` f--_,, c: ~ ,~t ~~ ~ Mike Tannep____~~> 12426 W. Explorer Drive, Suite 220 • Boise, Idaho 83713 • TEL 208-378-4000 ~ FAX 208-377-8962 • • BEDFORD PLACE NO.1 Non-Development Agreement Lots Lots 12-26 Block 4; Lots 1 through 19 Block 5; Lot 1 Block 9; Lot 1 Block 10 39 Lots Budget IlVIPROVEMENTS: Sewer 34,530 Domestic Water 38,803 Pressure Irrigation 8 713 Tile Finch Drain 51,140 Landscaping 8,000 Fencing 5,125 Street Li is 5 600 TOTAL IlVIPROVEMENTS $151,911 ~~. •~c~"fir"`~ r 4.~~w~`_°°;~ ~ ~ ~ .f S+ i~W,~ , ~ J.,~ i' . 1 / : '. ~IVI~EVELOhn~IEN•r ~~GREEiv1ENT • Tliis AGREEMENT, made and entered into tliis~ day ofd, 1995, by and between BRIGIITON CORPORATION an Idaho corporation, whose address is X301 W. Explorer. Suite 200, Boise. Ill 83713 liereinaRer referred to as "DEVELOPER," acid tl~e CITY Of MERIDIAN, a municipality of the State of Idaho, acting by and through its Council bletnbers, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER is currently the Owner of all real property and subdivision lots contained in BEDFOI>;,jZEf.,ACE SUBD1yISION Ada County, Idaho recorded as Instrument No, records of Ada County, Idaho; and, WHEREAS, DEVELOPER desires now to withhold development of street, utility and lot improvements and sale of LOTS 12 THROUGH 26, BLOCK 4; LOTS 1 THROUGH 19, 4®` BLOCK 5; LOT 1, BLOCK 9 AND LOT 1, BLOCK 10 in said Subdivision (hereafter ~ Y:,;; "Undeveloped Lots"): ~ m ~' ~; ~-~ NOW, THEREFORE, in consideration of the mutual covenants and agreements contained ~ j' ~ herein, the parties of this agreement agree as follows: ~ ~ _ DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots ~ as required by the CITY, wi::iout the prior written permission of the CITY. If DEVELOPER desires to install any of the said ir.iprovements for said lots, then DEVELOPER shall submit a written ,~, request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated tine and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans: Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standazds and Specifrcations in effect at that time. _~ t~ t:~ ..~.- cr; ~r,~ DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance with then cun;ent CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with thcCounty Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and t~ duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been Fled, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER aad obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Bedford Place Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 3°~ day of ~/uwa 199L; When this agreement terminates, Developer shall have oae years to complete development; if development is not completed on the doff day of c/uH6 , 199, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots' portion of the subdivision has been voided. III Phis Agreement s~e inure to the benefit of, and be binding upon, t irs, executors, administrators, assignees ar'i'tf successors of the respective parties. IN Wl'iNESS WHEREOF, the DEVELOPER has executed this Agreement at Meridian, Idaho, the ~_ day of~~, 19~s BRIGHTON CORPORATION CITY OF MERIDIAN .~~~ ~,un~uM~~,, David W. Turnbull, President Grant P. Kingsfor , ~ ot'~tr q?'~~~'; ~~' Fo ° SEAL "_ STATE OF IDAHO) = , ~h • ss. ~ ~'i ~ O County of Ada ) ~~'-,rOq ~r isz ~ ,pc~~ •` On this Z~f day of ///.E.tG/ , 1995, before me, the undersigned, a'fCHtiltS-"~~~ Public in and for said State, personally appeared DAVID W. TURNBULL, known to me to be the President of the said Corporation that executed this instrument and the person who executed the said instrument on behalf of said corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. s~~c-r0 'rr0U4 e~°, Gj~E P. s °~e~ ,. °~pTAR~,9:° Notary lie for Idaho 0 ° ~ w 1 (SEAL) ~~~,, ~'o vAU I3 L1G°e 3 ~~: My Commission Expires: 3/s ,two °p0prpousao~oa0 STATE OF IDAHO ) ss. County of Ada ) On this ~? Lday of ~ie~ ~_ ~ .1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD known to me to be the Mayor of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. ,,,,rrrrurup;rr ''• Not P lie for Idaho p E L. ., ,`~Q~\ ~ ~'q~~ ~ Re~r~ at: /f lei ..•% ,a ~r (SEAL) ' ~ ~ptAlp~, M Commission Expires:_~/d•. /yv __ :~ A~B`~c * a503pGGG ~r - ,_ ~~ '95 rat, . o 0 ;~~._ .. .:;1 RE,uf.i. ~• ... III ~;Ut ;~ • 13rz hton g Corporation July l6, 1996 ~~°~;-~,> { ~ ~e-~ o Mr. Walt Morrow ~ City of Meridian `~ '''~ f 0 ;~n~ PO Box 770 ~ ~~ s~~is$~~1't~ Meridian, ID 83680 Via Facsimile: 887-4813 ~: Bedford Place -Release of Non-Development ggreernent Ashford Greens Variance Dear Walt: As we discussed regaMing tonight's Ciry Council Meeting: 1. Will told us he is going to bring bcfone t~ Council ~ release of the Bedford place Subdivision Non-Developmefl,t Agreement. We have delivered the everything should be in place, I would ~~8 to Will and 2. The Asb~ford GreerLS Variance ~Pr'OCiate the formal release of the Agreement. tabled to Jul 16 ~~~ for ~ the Safford and Eight-Mile Laterals was Y Pending a task force to study Nampa Meridian Irri and the Meridian City Ordinance regart ~~ ~ . Since ~ 8st,on District s policies amvened, I suppose we should table the V g task force has not been ariance Request again. i am sorry that I will not beat tonight's meet but per our conversation I believe we have covered all of the items of business that concern Brighton I tag you for your help. SurcereiY, /-yi.~r~ David W. Turnbull DWT1hs 12426 W Explorer Drive, Suite 220 Boise, Idaho 83713 TEL 208-378-4000 • FAX 208-377-8962 JUL 16 '96 17 20 12083778962 PAGE.03 • • RELEASE OF NON-DEVELOPMENT AGREEMENT The non-development agreement entered into by and between Brighton Corporation, whose address is 12426 W. Explorer, Suite 220, Boise, ID 83713 and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 95030566, on the 5th day of May, 1995 is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of Bedford Place construction as required by the Ordinances of the City of Meridian, shall commence on the 22nd day of July, 1996. Brighton Corporation avid W. T bull, President ACKNOWLEDGMENT G. Berg, City ``~~11aHitl~I~i,,~~~i ./~ IJ C3' ~,~ ~!~ i `'i1 ~ S~~ V = p, ~ State of Idaho) `~ ) SS County of Ada) ,~~~~''~uun ~i~~~~+~`''~~ On this 22nd day of July, 1996, before me, the undersigned Notary Public m and for the State, personally appeared David W. Turnbull, known to me to be the President of Brighton Corporation, and acknowledged to me that he executed the above instrument for and on behalf of said Corporation, and acknowledged to me that said Corporation executed the same. ]N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Not Pub ' for the Sate of Idaho Resi ise, Idaho My Commission Expires ~ ~}~ City of Meridi D. Corrie, Mayor Attested: '~~ U. R-!id ••. ~° 1ZOT~n,~ ~e~ ~ ~,~ ~~ ~ ~ ~ ~°vBLt~ t OF I~ ~' 9607`t172 .._ ~~ L~~~;:; :nV.,,, ~F~QtS~ !Q '96 SEP `f Pfd ' 3i FEE .~ RECOitiicr ~T T ,E~UEST OF • ACKNOWLEDGMENT State of Idaho ) ss County of Ada ) Sr~-t ~6er ~ this ~ ro( day of3~, 1990, before me, the undersigned, a Notary public in and for said State, personally appeared Robert D. Corrie and William G. Berg, known or identified to me to be the Mayor and City Clerk of the City of Meridian, and the persons who executed this instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian 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. ~~-.~„•. n ~ :' ~~~~~~11 any Public for the State of Idaho g in ~pr,~g!=, Idaho Commission Expires: \~~` ~~~~ .` C1 q • ~ ~~ 1 AR yy~ ~:, A ~= .~` p '"''~~rE Of ~~P~`'', ,i Bri hton „~ ~~~ g Corporation S E - 3 ~ 'Y OF MERIDIAN September 3, 1996 Mayor Come and City Council City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Bedford Place Subdivision No. 1 -Non-Development Agreement Dear Mayor and Council Members: I am submitting this letter in response to a fax received from Mr. Crookston on August 30, 1996 regarding the release of the Non-Development Agreement for Bedford Place Subdivision No. 1. It is clear that Brighton Corporation complied with the specifics of the non-development agreement to wit: On March 5, 1996 Brighton Corporation came before the City Council, upon the recommendation of Will Berg and the concurrence of Gary Smith stating its desire to leave the non-development agreement in place while constructing the bulk of the improvements, then at such time as the bulk of the improvements are in place and the project is ready for building permits, to bond for any remaining improvements and release the non-development agreement. Brighton Corporation submitted a cost breakdown for the improvements to Gary Smith and schedule was determined at a pre-construction conference at Meridian City. On July 16, 1996, the City Council voted to release the non-development agreement. The bulk of the improvements were completed and any uncompleted items were bonded for as approved by Will Berg and Gary Smith. I did not attend the City Council meeting because I was told that it was a formality and my attendance would not be needed. Apparently, according to Mr. Crookston's memo, the motion was subject to the City Attorney's approval. On July 23, 1996 after the special City Council Meeting dealing with the deed for the golf course, I asked Will Berg if the non-development agreement had been released. He said that the Mayor had signed it and he would get it down to the County Recorder the next day. He told me that we could bring in our plans for building permits. Mike Tanner followed up with a telephone call to Will Berg a day or so later and was told that the release of the non-development agreement was with a runner at the County Recorder's office at that very moment and that we were clear to submit plans for building permits Soon thereafter, several plans were submitted for permit but were turned down. When we inquired why, we were not told. Finally on August 7, 1996, we received a copy of an internal memo dated July 26, 1996 from Mr. Crookston to Gary Smith, detailing a laundry list of requirements for releasing the non-development agreement -all of which had already been complied with or were not applicable. 12426 W. Explorer Drive, Suite 220 • Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962 • • Thereafter, Mike Tanner attempted for two solid weeks to get a response from Mr. Crookston without success. He was told that he would have an answer the "next morning" or "I'll get back to you this afternoon". 45 days after. the fact, we finally received a 14 page fax from Mr. Crookston which to me is unfathomable. However, I will answer the issues raised one by one. I have labeled Mr. Crookston's memo with corresponding numbers. 1. It seems that Mr. Crookston's biggest hang-up is the specifics of the tot-lot and basketball court which are to be located in second phase (actually third phase per the Ada County Engineer's requirements). We assert that those specifics were submitted at the time of the amended preliminary plat hearing as they were required to be by the development agreement. If they were not specific enough at that time, we should have been so informed and action on the amended preliminary plat should have been tabled until such time as they were. But specific exhibits showing the locations and dimensions of the basketball court and tot-lot were submitted. A picture of the playground equipment was submitted. This was all followed up by verbal testimony and the amended preliminary plat was approved. I believe that constitutes approval of the City Council and is not subject to further questioning by the City Attorney. 2. A license agreement has been executed by Nampa Meridian Irrigation District and Brighton Corporation for the tiling of the Finch Lateral. A copy of the license agreement was delivered by Mike Tanner to Gary Smith's office. The work is complete. The License agreement does allow for the construction of homes but that issue is not applicable to this plat but to Bedford Place Subdivision No. 2 and 3. We are dealing with Bedford Place Subdivision No. 1 here. However, I will explain the details here so that it does not become an issue at the time of platting Phases 2 & 3. First, NMID insists on retaining an 80' wide easement even though they only use a small portion of it. Still this is not a problem for the majority of the Phases 2 and 3 because the bulk of the easement is located in the right-of--way or non-buildable areas such as the front yard setbacks. It is identical to the situation with the Onweiller Lateral in Phase I where all the lots are sold and the homes are built. Where the easement does cross between lots, NMID allows an encroachment area, basically narrowing the easement it proposes to actually access from 80 feet to 25 feet. Per the agreement, the remainder of the easement is available for building. 3. The plat for eight lots is not recorded nor is it required to be recorded by any action of the City Council or by any development or non-development agreement. The eight lots referenced here are in Phase 2 (71ots) and Phase 3 (1 lot). This is simply irrelevant. Remember, we are still talking about Phase 1 here. To say that we cannot build homes in Phase 1 until we have recorded plats for Phase 2 and 3 is ridiculous. 4. The remainder of Mr. Crookston's August 30, 1996 memo is a list of previous hearings, actions, etc. which are largely irrelevant but which I will address one by one. a) This is not applicable since it deals with the original preliminary plat and we now have an amended preliminary plat which replaces the park-like corridor, green belt, and pathway with a tot lot and basketball court. We even offered to bond for those improvements if it would satisfy Mr. Crookston but he did not respond. Even so, s • bonding should not be required for a preliminary plat which is no longer in erector an amenity which is part of a future phase of the current amended preliminary plat. b) Not applicable. c) Not applicable. Same comment as 4(a) above. d) Not applicable. Same comment as 4(a) above. e) Not applicable. f) Not applicable. Same comment as 4(a) above. g) Correct and applicable, but not a reason for not releasing the non-development agreement. h) Same as 4(g) above. i) Same as 4(g) above. j) Same as 4(g) above. k) This is not applicable to Phase 1 of Bedford Place. This focus on an amenity required for a subsequent phase of the subdivision when we are still in Phase 1 is incomprehensible. The statement attributed to Shari Stiles that there is some sort of sign restricting use is not true. We haven't built the facility yet. I don't know where this is coming from. Still, that is an issue for a subsequent phase of the development, not Phase 1. 1) Not applicable. This is a requirement of a future phase, not Phase 1.. m) Not applicable. Same comment as 4(1) above. n) The terms of the non-development agreement were complied through Gary Smith's office and as evidenced by the action of the City Council. Bonding for any uncompleted items is in place as required by Gary Smith and Will Berg. This condition has been met. o) Not applicable. Same comment as 4(1) above. p) Correct. What was a simple action taken by the City Council has become a 7 week mind numbing and fiustrating process resulting in great expense to the City, Brighton Corporation and its customers without producing a single benefit to the City or the general public I ask that the City Attorney be taken out of the equation, that the release of the non-development agreement be approved without any further qualification or condition, and that we be allowed to submit plans for building permits begmning September 4, 1996 and that those plans be processed as though they were submitted July 24, 1996 so that we are not subjected to any further delays in receiving permits. It is not just Brighton Corporation who is being harmed -there are many home buyers and builders who are waiting to get started on their homes. Thank you for your consideration. Sincerely, l David Turnbul DWT/hs AMBROSE,FITZCERALD4,C 208-898-3969 08-30-96 1a~50 P. 01 AMBROSE, FI7`ZGER,gLD ~ CROOKSTON A7TORNEY3 AND COUNSBtAR3 AT 1.AW 7>rlpl~o~ ~ ~M-IKI lAe~MHM ItNF pb~ly FACSIMILE COVER PAGE DATE: COMPANY/FIRM: FAX NO.: -. ~ W~ w. ~ult.'!1. to ,,,, us M.Mer.~ t~ a~ THIS FAX INCLUDES / / PAG L.._. ES (INCLUDING THE COVER PAG , receive ail of the pages, please call our office at (208) 888-4461. ~ If you do rwt SENT 81/:~ C ~ ~C~ ~Q=~r~'v`'l - This transmission is intended only for the use of the individual or entity to which it is addressed and contains informa~on tl~tt i ~ privileged and confidential. No person other than the addressee or his or her a9 autho~iZed to read co papers, or to disseminate any information cornained therein. If you have~received this transmission in error, please notify us immediately by a collect telephone call, and mail the facsimile to us at the above address. AMBR05E•FtTZGERALD~.C ZU8-888-3969 08-3U-96 1y~5U Mike Tnhner Facsimile No.377-8962 These are my notes on the requirements for Bedford Place Subdivision. I did not find anything that exactly stated the basketball court was to be full Court, but that it was to be a half-court. There are other r that will have to be met prior ~uimre Bents contained in these notes Non-Development Agreement. pf Y PProval of the release of the ss stated directly below, which requires that detail d epecifi seof the recreational facilities shall be submitted at the time of submission of the amended plat even though recreational facilities will be located in the second pbass of Bedford Place Subdivisions and this Development Agreement applies to the first Phase of Bedford Subdivision. You have not submitted any specifics on the basketball court or the tot-lot. O Development Agreement as follows: " That the amended plot shall encompass the land currently covered in the non-Bevel the time of submission, and Burin ~opement agreement= that at plat, Developer shall submit a requestpfor ea s' of the amended lot and basketball court or volleyball courtpr that detailed specifics of those recreational facilitie^ shall be submitted at the time of submission of the amended plat even though recreational facilities will be located in the second phase of Hedfvrd P1acs Subdivisions and this Development Agreement applies to the first Phas• of Bedford Subdivision; that a License Agreement with Nampa ~ Meridian Irrigation District will be in place prior to the expiration of the "non- developmeet" agreement for the first phase of Hedfvsd Place Subdivision." ~1 Does the License Agre~nt with Nampa & Meridian Irrigation District state that Finch Laternl Basement can be used for construction of ho~res ? ~3 Is plat for eight Iota recorded? 4C4a Aprii 12, 1994 P & Z annex hear will be putting in ~ ark like orridores that belt, and pathway. p . green 4(b~ May 10, 1994 Brighton FF & CL considered by P & Z ~.(~, May 31, 1994 P & z held prelimina on tot lot or basketbd111courtAring. Nothing P.02 AMBROSE.FITZGERALD&C 208-898-3969 08-30-96 id~51 P. 03 ~- (C(~ June 7, 1994 4 (e) July $, ~'~~ ugust ~~f-~9~ uguet h~ 2994 Annexation hearing by Council..Nvthing stated by Brighton on tot lot or basketball court (probably because is it was prior to the Finch Grain being tiled and agreement between Brighton and Fothergill people). Initial annexation F & CL approved by City Council with R-4 zoning 2, 199a Preliminary plat tabled by City Council until property annexed and initial FF ie CL approved. No mention of tot lot or basketball court. 16, 1994 Amended FF & CL on annexation approved with R- 8 zoning by City Council. gust 16, 1994 Preliminary plat approved by City Council. tober 18, 1994 Final plat was approved by City Council. riI 4, 1995 Non-Developmept Agreement was approved by Council. ~(K) y 25, 1995 ~t ~L~ ovsmber Agreement between Brighton Corporation and people from Fothergill Subdivision states: "Brighton Corporation develop the equivalent of a minimum of two subdivision lots as aornnon area ( tot lot and basketball or volleyball court) for the children and residents o! both Fothergill and Bedford Place subdivisions." Shari Stiles has indicated that there is a sign that states that they for the use of sedfvrd Place residents only. This mast be changed and reflect what is stated in th• Agreement. 14, 1995 P 6 Z public hearing for preliminary plat. (This is the amended plat regarding the eight lots.) Wardle presented a copy of the Brighton Fothergill Memorandum of Understanding. Wardle mentioned that Brighton could come back with eight residential lots where the Finch Lateral was tiled for nn preliminary plat. Ee stated that Brighton would the the lateral and th®re was going to be eleven lots. He stated as folloMS: "One of the 11 lots is designated for the tot lot area that would have some playground equipment and basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas." ' AMBR05E+FIT2GERALD&C 209-889-3969 08-30-96 1J~52 Charlie Rountree asked what a tot lot was. Mr. Wardle stated that, ". it appeals to younger children but it will have ayground equipment and there would also bs a basketball court facility." Mr. Rountree asked, "Is that a full Court, half court, 1!4 court?" Mr. Wardle stated, "Half court." There was then discussion nbout whether the court was to be a full court and whether the court was to be separate from the tot lot. Attached hereto is a copy o! those minutes. Dave Turnbull stated, "This is a typical tot lot neighborhood situation where you have a half court basketball situation. Like I said, I would prefer to provided some more greet areas as well, but that Ltke I said that is what we had envisioned and what we propose. I suppose you could talk to welt, or Councilman Morrow, and Mayor Ringrford as the two representatives of the City wore in the meeting with the neighbors. Hut that is what we had envisioned." 4 Crn December 19, 1995 At the City Coancil Brighton Corporation made some statements with regard to the tot lot. A copy of those minutes ie attached. Mr. Wardle stated that in the Agreement with the 8othergill people that, ". a tot lot would be acceptable to not only the property owners in Bedford Place but also without restriction to adjacent properties as well in the Fothergill Subdivision. showing a tot Iot area that would have some type of playground equipment in it. A half court basketball facility. ." I stated, after Mr. Wardle's presentation, as follows: "As I recall, it was to be a separate tot lot and a separnte basketball court, meaning a basket on each end. But what I do recall is that they were to be separnte lots." Irlr. Wardle then stated as follows: ". that Brighton Corporation develop the equivalent of a minimum of two Subdivs.si,ons as common area, tot lot and basketball court or volleyball court for children and residents o! both subdivisions." There then were comments made by Mr. Turnbull which in essence were that P.04 AMBR05E~FITZGERALDii.C Z09-888-3969 09-30-96 13~5Z P.OS • • manufactured tot lot equipment was going to be provided and that a full basketball court wes neither feasible or desireable beaeuse of the sun problems. The City Council then approved the preliminary plat subject to staff conditions, ACRD, and Nampa & Meridian conditions. ~. ~n~ March 4 (o) May 4 ~ h ~u1y 5, 1996 City Council stated that Non-Development Agreement shall be left in place and at time improvements are comppleted they can request release. NeceBgary improvements were stated as being $ 151,911.00. Are the improvements completed except !or what they are bonding for? Also, it was stinted that if the Developer desires to install any improvements, Developer shall submit written request which shall contain a detailed descriptions of the limited improvement• which are dewed and estimated time and cost to complete such improvements. City also reserved the right tv require irrevoeabl• letter of credit. 7, 1996 Redford Place No. 2 Final Plat was approved subject to staff conditions, notification to the Applicant by the staff as shat the compaction •pecifications will be (!or the tiled dxain area), ACRD and NMID specifications. Charlie Rountree questioned whether the 10 foot utility easement would affect the amount of building space. Gary Smith stated that it would not nffect the net lot area. His request wns to add the ten feet to the existing, or requested, 20 foot easeaent from NMID. The question wns whether the NHID easement was exclusive or if other utilities could be located in the easement. 16, 1996 Council approved the release of the Non- Develvpment Agreement, subject to City Attorney approval. AMBROSE•FITZCERALD?.C 208-888-3969 U9-30-96 1J~53 / • • ~- Meridian Planning 8 Zoning Commission November 14, 1995 Page 29 construct the Finch lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you a!i have then just in brief re-statement of the fact that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would the the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary ~C plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, a!I of which exceed 8,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply coma to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to file the lateral to put lots in and to also maiintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to aNow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch I believe that is correct yes. If it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: l would like to ask a question? What is the status of the ditch along the west boundary? P.O6 Wardle: t believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as 'ss. AMBRGSE•FITZGERALD~.C 208-888-3969 08-30-96 1353 p.pT ,% Meridian Planning & Zoning Commission November 14, 1995 Page 31 there without building righ! on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Hepper, may I see, illustrate what you are talking about on the original. Hepper: On the original, the width is ti0 feet right there but the ditch is almost dead center. Wardle: Mr. Hepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Hepper: But on the bottom plat where wilt it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property line. Johnson: Any other questions? ~ Rountree: What is a tot lot? X Wardle: Well wa assume it appeals to the younger generation. equipment and there would also be a basketball court facility. /~ Rountree: t a u a course, 114 court. ~ Wardle: Half court. __ Rountree: Would the lot be fenced? Wardle: The tot lot area? Rountree: Yes But it wil! have playground Wardle: I don't know that we actually have a detailed layout of that facility as Of yet whether it would be fenced or not I don't know. Rountree: Ard the care and maintenance of that facility would be the responsibility of the AMBROSE~FIT2GERALD~.C 208-886-3969 08-30-96 1.3 55 p,pg • Meridiar. Planning & Zoning Commission November 14, 1995 Page 32 homeowner. That is correct. Crookston: It was my understanding that was supposed to be an entire basketball court. I thought (inaudible) Wardle: Perhaps Mr. Turnbull would be more willing to come and address that particular subject. You can see form the list of attendees (was not there when the issue was .~ ~..._~_..-------~..1 discussed. --~~ _ ~~_ David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, ii includes a tot lot with, in fact believe we submitted a photograph of the type of playground equipment we intend to buy that is the same as provided in the Mill Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, I don't remember the exact locltio wiaer~-iau~putlL central Idaho. Fairly substantial with the timbers and so forth. The basketball court is a elf co _ we en arged it larger an you wo most - hese tot~~lot type situations, provide for a full 3 point arcle and some perimeter shooting. It is not a full court basketball court, I don'i.think we want to as alt the whole area but we did want to provide hat recreational opportunity. Pertaining to fencing, we eve si uated this in the mI a stretch o Comm area ass area that some 300 feet long, it would be appropriate to have fencing in the rear of the property. I don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Tu-nbull: Where did you receive that understanding? Crookston: pave l would have to go back and look at the record, but that is what I cal! excuse me that is what I reca11 was stated when v-re were discussing this I don't know back in (inaudible). ~ Turnbull: Well, that was, I don't even knew if that is desirable. This is a typical tot lot neighborhood situation that you find in many neighborfioods where you have a half court basketball court situation. Like 1 said I would prefer to provide same more green areas es well but that.- Like I said that is what we had envisioned and what we proposed. I suppose ' AMBROSE•FITZGERALDZC ~. Goe-898-3969 08-3u-96 1355 P.09 • Meridian Planning & Zoning Commission November 14, 1995 Page 33 you could talk to Walt or Councilman Morrow and Mayor Kingsford as the two representative of the City were in the meeting with the neighbors. But that is what we had envisioned. Craokston: (.don't recall that the basketball court was Supposed to bepart of the tat lot_a_t _. all. As l recall_they were two separate ideas_A basketball court and a tot iot,._ Turnbull: Thai is true in a common area. They were going to exist side by side. Crookston: i don't recall that, that could be the way it is, but !recall them being two basically separate facilities and a full basketball court. I will have to go back and look at my notes and what record I do have. Johnson: Okay, moving on, any other questions here? Thanks David, this is a public hearing, is there anyone else that would like to address the Commiission on this issue? Shearer: Jim, I would have a question of Shari on this bike path. Johnson: Let's see if someone else wants to address the Commission first. Amy Duenas, Fothergill Pointe, was swum by the City Attorney. Duenas: I live in Fothergill Pointe which is currently my property line is about five to 10 feet from where they have originally decided to relocate this Finch Lateral. I spoke on behalf earlier the last time we met on behalf of my neighborhood of our concerns of having an open lateral with so many small children around. Our neighborhood a lot of the surrounding neighbofioods primarily are for first time home buyers which means most of them are going to have small young children. Especially right in this area that we live in almost every house has at least one child. We went around to all the neighbors within blocks of there and talked to all of them about what was going on. That there was going to be this open ditch and our response to them or when we talked to them we asked for a response from them. What they would like to see done with the ditch and everyone wanted it to be tiled for the safety of their children. So that is our concern that it is tiled so that the children will be safe, that is our first and foremost important thing. With this water from what we have understood it would be pretty swift moving water if it was left open. Which causes a real hazard and 1 think we need to keep in mind the safety of our kids. So, that is all I have to say, thanks. Johnson: Thank you, is there anyone else that would like to come forward? Michelle Noil, 646 E. Hawk, was swum by the City Attorney. I~ LJ Meridian City COUnCIi December 19, 1995 Page 22 AMBROSE•F[TZCERALDYC 209-988-3 Mike Wardle, Hubble Engineering, Attorney. 09-30-96 1~1~56 P. 10 • 9550 Bethel Court, Boise, was sworn by the City Wardle: Approximately a year and half ago the Council approved a preliminary plat for Bedford Place Subdivision which a sentially a 40 acre parcel just south of Ustick Road lying north of the Fothergill Point Subsequently one half of this subd subdivision that had previously been approved. visions .has been final platted and construction has been under way for some time both on the improvements as well as the homes there in. One of the early points of the pro 1 was a greenbelt system along the re-aligned south slough at the south end of the prop rty. In the original proposal the south slough shown in this shaded area to the north wa going to be re-aligned along the common boundary with Fothergill Subdivision. In fac plans were approved by both the City and Nampa Meridian Irrigation District for that rel cation. One of the problems that occurred however was that when the construction com enced and the depth of that particular facility became evident to homeowners in the Fo hergill Subdivision they approached the City and concerns expressed led to a meeting the 9th of May, 1995 in the offices of the City with members of the City being present, a Mayor Grant Kingsford, Councilman Walt Morrow, City Engineer Gary Smith, represent fives of the developer and Hubble Engineering and the developers of the adjacent F hergill Subdivision and some neighbors who had expressed the concern. There was ne other factor that had come to ifie fore during the approval process for the rs-alignm nt of the South Slough or Finch Lateral and that a specific statement and I believe and I am aware that your Council packet has aN the items that have been presented to the Plan ing Commission a month ago. But one very specfic statement from the license agree nt agreed to between the developer the Brighton Corporation and Nampa Meridian I igation District states as follows, and this is coming from license agreement page 11, ite N, the construction plans identified in paragraph A of this exhibit state that the license intends to construct a bike path within the district's easment (inaudible}. The District d a not by entering this agreement of license approve authorize or acquiesce construction f said bike path or any bike path v~ithin the District's easement of the Finch Lateral, use two items taken together, the concern of the adjacent property owners and the s ' rc statement or reference by Nampa Meridian that they are not approving a bike path in the area lead to the diswssion and a memorandum of understanding and agreement b twaen the parties and those parties be specifically private parties the City gave the good offices for the discussion but did not specifically sign the agreement between Brighton or ad~eoent property owners or developer. But in that agreement the consensus was that righton could in fact amend its plat, to file the South Stough and gain approval for some additional lots along that area to off set the cost of constn~ction for that that had been p eviously approved. And yet with the maintaining of some common area facilities in the orm of a tot lot that would be acredabfe to not on~l t~e_DtpDertv owners in Bedford Place , ut also without rest c-"~'i_'on to adjacent property ese s has not been presented to x AMBR05E.FII'ZGERALD~.C 208-866- 08-3U-96 1J~57 P.il Meridian City Cvuncif December 19, 1995 Page 23 City for the approval but the idea. I ~ as showing a tot fat area that would might be possibi- e~ , i`~t is s~tfll fairly sm< talking about then instead of the s street, there will be eight additional li of a common area for tot lot half G a ropria I wilt represent this to tF Council, I don't think there is any poll situation. There is only one comma those adjacent to it and the develops Irrigation bistrict comments in the pe an interesting statement. And I jus comment sheet in your packet, the Nampa Meridian Irrigation District's is that they appear to be talking abo~ project and has already been appro pertains to the South Sbugh, what is i In fact it is not just a 15 foot easrr actually 25 feet. The plat shows that would be clarified in a license agreerr any questions specific to that wee wni i!i take this off and p~ it to ~ Council far the record eve some t e of pia roun~d~ e~q~u_i~ment in it. half Mme area on the sides of that o a tiyity' functions that I but nevertheless is a usable area. So, what we are yen lateral it will be piped along the frontage of the %s platted for construction and thin the rnaintenar~g„ urea basket bat! and pas ~ that ' ~ Clerk for the record. Mr. President, members of the in going further, I think it is a pretty straight forward it that we would make in as much as it seems that did come to an agreement that the Narnpa Meridian *et that we received for this particular meeting had want to clarify what transpired. The bottom of their have a bold note that says the 15 foot access to ~teral may not be acceptable. The interesting think the Onweiler which goes through the middle of the ed in both easement and access. If their comment sing proposed is precisely the same arrangement. mt unencumbered easement for their access it is :learly. If there is any mis conception on that part it mt wit them for the tiling of this lateral. If there are 'd try to respond to those. Morrow: Mr. Wardle, l have a questia P & z, a point that Mr. Crookston rat supposed to be a half course or a f4 his notes and records to see. Have yc 8 Z and this came to be an issues. have not found any record of this (ina<. of the meeting that were held on th discussions that talked about specifi, l sure if there is other information, discussion. It lead to a commitment t with respect to the minutes when this went through ed. In terms of whether the basket ball facility was l court. He indicates that he will have to go look at r researched any, after your presentation before P 1~at issues come up only from Mr. Crookston. We iible} he wee not involved according to the minutes ~ 9th of May. I am not aware of any subsequent s of those improvements. No, Mr. Turnbull is here but there is no record that !can find from that -r a full court basketball facilitate. Crookston: excuse me, I did intend to I ok at the record to find out what was done. 1 have not had the time to do that and I apolog a for that. ff the Council desires me to do that stilt certainly will do ii. I think I would like t sell m done or not. As I recall it, just in co ersations I don f know ~ ; wasthstated at that was hearing or not. As I recall it, it was to be separate tot lot and a separate basketball court I cannot recall specifically whether or of it was a full sized basketball court, meanin basket on each end. I just don't recall that specifically. But what J do recall is that thea Y 208-888 08-30-96 1a~58 P. 12 Meridian City Council December 19, 1995 Page 24 X were to be separate lots. But 1 nee that is just how I recall it. Wardle: Mr. president, the one item tl X the Brighton Corporation, this is item ; the equivalent of a minimum of two ; court or volleyball court for children a question is substantially more than President that is the end of my presE Tolsma: There was one question the believe there was supposed to be and the way through this (inaudible) Foth~ was apposed to be a green area all tl" street. to check the record on that. ft may not have been, is noted in the minutes of that meeting, it says that in the proposal, that Brighton Corporation develop divisions as common area, tot lot and basketball residents of both subdivisions. Now, the area in at wt~uld be two lots in that particular zone. Mr. ~tionrf there ere questions. ! had on the main street through this subdivision I our map doesn't show it (inaudible) green area all 'gill Subdivision. {Inaudible) in the entrance but it way through this subdivision as more or a corridor Wardle: Yes, Mr. President, in fact t re is a common area strip on the east sid street. There is ~ common area when ou pet into Fothergill Subdivision, you are s mhat back to existing lots. That street actual) is under ACRD standards now, 56 toot c ply no access by any lots. Those have that offer strip. 1 would believe that it shows that stryor along there. p Tolsma: It just wasn't colored on your Wardle: That was an earlier version, Morrow. Mr. president,) would like to h. Cowie: While they are doing that, Mr, W; David Turnbull to you it is part of the rec EGngsford and Councilman Morrow that satisfy the Fothergitl neighbors to cx neighborhood amenity. I guess was the Wardle: No, Mr. Prosident and Mr. Corri it shows both facilities, we just haven't d~ pia round for the children and a basks Tolsma: Any other questions of Mr. Wary Morrow. 1 would like to hear the staff Gaffs comments and then Short's comments e I had a question, on the faxed message from 'here, evidently your conversation with Mayor ID (inaudible} along the laterals (inaudible) to trc+ct a tot lot and a basketball court as a lot and the court together in ~ti~e ,,.._.~ in fact if you look at that little schematic again hied it particularly but it does show both. The Clli It is a half en~,rt ~---- and Mr. Wardle's rosponse to those AMBROSE . F I r7_GERALD~.C.~.08-888- Meridian City Counci! December 19, 1995 Page 25 cornmen;s please. Smithy Mr. President, Council memt public works deparirr~nt are pretty additionally than what had been sup pits. But that is a minor item. San lines that are presently serving th® Morrow. In your testimony to p g Z need to be sure that this is a Workabl transmitted to you from my departs. response to questions about the ea to your satifaction7 08-30-96 1J~59 P. 13 • ~ and Councilman Morrow, the staff comments from eight forvr.~rd, I think the only thing that wee asked for 'led was a map indicating the location of the soil test 3rY sewer and water will be provided off the existing umber one subdivision. That is all my comments, ou talked about the and I am quoting now, "we just easement for all parties concerned this hasn't been nt and !just wanted to have that of record." it is in ~ment for Nampa Meridian. Has that been resolved Smith: 1 think Mr. Wardle resolved It a the hearing that night Councilm similar situation to what exists with p an Morrow. It is a So the irrigation district easment is bas callyloveelappe bly the subl chase #1 subdivision. believe that is a concern now. (End Tape) p fight of way. I don't Stiles: (inaudible) final plat stage we v other changes would need to be mad Totsma: Any other questicns of staff? wants to offer testimony on this? David Turnbull, 12301 West Explorer Turnbull: In as much as Watt and 1 were referenced by Mr. Wardle I thought I wr brought up there particularly with rega, one of the Fother9ill nei®hbors is also and this is consistent with what you fii basket court w ti~-at we ian on uttin ~n ~ ~ MiN Craek Subdvision on ~ufactu peke of p verlan o81 equi mast I think it is manufactu intend to provide there, So it wilt be ver urt m point is that we are t in to well. My contention would be and Wal contention is that a full court bask tba Besicail if you are going to eve an Quid Auld get a copy of the license agreement and those . The rest 1 believe is self explanatory. 'his is a public hearing is there anybody else that give, Boise, was svwrn by the City Attorney. the only ones at the meeting on May 9th that was ald just address any issues that might have been t to the tot lot and the basketball court. I believe sere to testify. t3asicaNy what we had envisioned ~ in most neiahbnrnn~.~ ...~__ . ..~~ ~ ~~ ~n uie running and Zoning Commission ~d tot lot a uipment is the same one that did the ~ Bryoe Peterson did. It is a fairly substantial ~ out of south central Idaho and that is what we durable and long lasting. As for the baske_, tbsjil '_.~ some urrounding reen may be able to veri r at the intent was. COUIt Would noifhn~ ~.., r__:__. . facility you want the d s to AMBRUSE.FITZGERALDK.C 208-888 • Meridian City Council December 1 g, ~ 995 page 26 north oouth to lceep the gl~ir~ yr the 08- • sun out 15 00 The on P. 14 consider it a separate lot t suppose t could be platted as separaee trot lot and ~ er you court tot but 1 don't know that does an good. It is probably better off being platted as on Il common area lot. in any case that mire common ar®a lot there is roughly the len th of a football field, 300 feet long, 100 g questions I would be glad to addres them.bn9~ ~~y' ~ the Council has any other Momow: The lots will be maintained not anyway? Turnbull: The common area lot, yes. Morrow. So it does not matter if it is ~ Turnbull: Correct. Morrow. Thank you Turnbull: As you can see we have p Tolsma: Council members? Morrow. Mr. President, I would move conditions, ACRD conditions and Na Yerrineton: Second ovH'~ed by the homeowners association will they .lot or two Tots. a separation betwoaen (End of Tape) we approve the preliminary plat subject to staff Meridian conditions. Tolsma: Moved by Wit, second Subdivision subject to staff condbtion~a C Orcond t onse1iminary plat for Bedford Place District conditions, all those in favor? and Nampa Meridian Irrigation PP~ed? MOTION CARRIED: All Yea ITEM #16: pUB~IC HEARING: REQU CENTER MARKET PLACE BY W.H. M! Tolsma: Is there a representative here? FOR A PRELIMINARY Pf.AT FOR VALLEY E COMPANY: Becky 6owcutt, Briggs Engineering, 1111 South Orchard, 6oise, was swum b the ' Y Cdy DIVISION EVALUATIO~HEET Proposed Development Name BEDFORD P AGE B City MERIDIAN Date Reviewed 10/26,/95 Preliminary Stage XXXXX Final Engineer/Developer ~lubble Enar. / Briahto'n Gorneration The Street name comments Oisted below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance vorith the Boise City Street Name Ordinance. " USTIGK ROAD" "N ORTH ARROWWOOD WAY" " ADDESON STREET" - "N AN STON AVE N 1F" - DC EWIGK T REET" " " -- E E DGAR STREE T "E E D ,AR rn l iRr" "E BAL DWIN STR EET" -_ "E. W AICELY STREE T" "E W AKEI Y C OURT" The above street name cornn~-ents have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order fort a street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,/kt~E11~CY P SF,NTATIVES OR DESIGNEES Ada County Engineer John Priester ~i~ ~~~ Date ~~ Ada Planning Assoc. City of Meridian Meridian Fire District Terri Raynor l~E; L-f c-~-- Representat Representative - Date ~' Date /o ~ 4 sue' dL~-Date ° QS NOTE: A copy of this evaluation sheet must be presented to the Ar~ time of signing the "final plat', otherwise the plat will not be signs Sub Index Street Index 3N 1 E 06 Section NUMBERING OF LOTS AND BLOC a County Engineer at the d !!!! 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U.H~ O~ S pm~+Nl ~ O p C U~.1 0 M~ 'd O A , v ~ O a-ai~ ~~saa~~ b,~p ~A~°a'r~a .o.aa woF~ o u u u Y M M M Y ° 0 o u ~ u u x u e 00 4 - •.~ O C ~ M O d O ° m y u p e A C u V O e~- M O M P w v u v ax Y O '+ w u ~ -+ M Y M u Y .71 N M ~: •.~ O amb d x a O Y Y +~ Y N w q ..°~ aooga O a A ~ 'J 00 O O ~ ~ Y ~ • + A C1 y .y Y O Y V V 4 A O u~ N y u A M ~ :9Wm .n o •~i u>.uu a a y ~..~i~+.v u 00 4 oa ~ eZ n . i u u ~+ ° , N q . a q qq ~b r C C b w 9 pq w • • p.i •~av° p o ~ ~9•~~ 9vg ~5p ~ ~• ~ M~~~ ~~~~~~ ~~~~a~~.~ ~.1~~ bE~ ~'~~ ~g~ ~®~~~ o ~~~~ai .r$~~$~~p yaJ a~ t~ O~Y~'~~~4~ ~ar.~~j~l ~ C O ~O~~ay as ~y•~+o ~~y•aia ,py,~-,p'a~ p sb m a,~yMtlMO 60Op~Y~jm yJ 1J G O ~ R rl °ay mo~~.~°~, ro~ g w Avg . ~m~ov ao~"y$mb V n p iplp~H~Y~ ~p NA~~ ~ .ia~ `~.rio a :r+pp m e o .~ a ~ p~'~Mn^~ as M'o~.,a~A a py~N~a .~ 000 ,~R F O+OiYUQ/-1~0 ~~r~yyl~ a0~ QVON}~M 11r~'~ p •m~~Yi ~+~y va ~~',~aam aw• pyq,oi~~ AA•°~~eoo+~gw y ~..r1AO~m '.~~~pOM• U ~,~$og.°~ °o~oa~wa,~ ~ m id 0~1 .i b M H ~ ~ MEMORANDUM OF UNDERSTANDaYG ANO AGREEMENT A meeting was held on May 9, 1995 which was attended by the following individuals/representatives: Mayor Grant Kingsford Councilman Wah Morrow City Engineer Gary Smith Brighton Corporation President David Turnbull Brighton Corporation Secretary Mke Tanner Hubble Engineer Gene Smith Developer Sarah Ewing Developer John Ewing Neighbors Array Dumas, Michelle Noll, Todd Wooden The following background and discussion was rehearsed: Brighton Corporation has approved plans to construct and relocate the F"mch lateral (South Slough) is an open ditch along the south boundary of its property (Bedford Place Subdivision) which adjoins FotheargiII Subdivision developed by John and Sarah Ewing. Neighboring residents, unaware that the ditch wotild be moved, became alarmed upon witnessing the relocation. Their concerns were heightened by errors made dozing eonsuuction with respect to location and depth of construction. 'The residents protested the relocation at a City Council hearing held on May 2,1995. The Counetl directed Brighton Corporation, the developer, to backfiIl the ditch to a safe condition until all parties could meet to discuss and re~h+e the issue. The following discussion and resolution was agreed to by the parties at the meeting held on May 9, 1995, Brighton Corporation did indeed reduce the ditch to a safe condition prior to the meeting. This was done by dewateciag and partially backfilling the ditch. Brighton continues to maintain the ditch in a safe condition. Brighton Corporation represented that they could comply fully with approved plans to construct the open ditch across their property, Bedford Place Subdivision. The neighbors contended that thry preferred that the ditch be tiled for the long-term safety of their children. Brighton indicated that the cost to file the ditch would be exceedingly expensinre and had not budgeted for this tt1'ng in the project. Additionally, Mayor Kingsford and Couacihaan Morrow indicated that Nampa-Meridian Irrigation District would not allow the walkway/greenbelt as approved by the City Council and therefore supported an idea of increasing the number of tots, tiling the ditch and adding playground amenities. Therefore, in the best interest of all concerned, Brighton agreed to rile the ditch and construct common area amenities PKOYIDED the City of Meridian would approve an preliminary plat showing an increase of up to eight (8) additional cesideatial lots, This ia~;rease in lots would allow Brighton Corporation to recoup the cost of tiling the ditch. This solution was supported by all the parties. Neighborhood representatives indicated that they would enjoin the residents of Fothergill Subdivision to testify is favor of the amended preliminary plat at public hearings. The mayor, Chant Kingsford, sail Councilman Walt Morrow said that the proposal would have their support and voce. John and Sarah Ewing thought that this was a good sohuioa sail offered their support. PLtOPOSAL: All of the parties therefore did agree and do agree to support the following proposal: 1. That Brighton Corporation will be granted sn increase of up to eight (8) additional residential lots is an amended preliminary plat of Bedford Place Subdivision; 2. That Brighton Corporation ti7e the South Slough Ditch entirely across Bedford Place Subdivision; 3, that Brighton Co:pvration develop the equivalent of a minimum of two (2) subdivision lots as common ara (tot lot and ba~slcetbaII court or voIleybaII court) for tha chtldrm and residents of both Fotherg~l and Bedford Place Subdivisions; 4. That Propoesls #2 and #3 are contingent upon the approval of Proposal #l. Until such approval is granted Brighton Corporadon maintains approved plans as approved by the Meridian City Cotmcil Brighton Corporation shaIl have the right to proceod with platting of Phase 1 of Bedford Place Subdivision while revi.~ng the prebminaty plat to refloat the above agroentiaat. ~ ~ ~ Gene Sarah >yyving/Date !~~~9s. 1VGcheIIe No ate ,~ .~ 23=9 ~~ls -~~ Todd WoodelUDate ~",~~s-- :~ flay 26, 1995 RE: Background and Discussion I agree with the discussion, except for the fact that Brighton Corp. didn't give any number of lots that they needed in order to recoup financially for the tiling of the ditch. I personally don't care how many lots Chey have, any amount is o.k. with me, but no number vas mentioned to my recollection. Sara L. Ding • further agrees that, if such construction two years from the date of this agx resubmit construction plans to the Dj approval, subject to the standards ani District may at such time require. Sucr District shall be granted by execution agreement executed by the Licensee and th is not completed within Bement, Licensee shall strict for review and l specification as the future approval of the of an addendum to this ~ District. 1. Licensee shall construct a roadway !or access and maintonanca o! the Onweiler Lateral and related irrigation works within the section of the District's easement depicted in Exhibit D-1 and described in Exhibit D-2. ID. The location and specifications for the manhole covers depicted in the construction plans referenced in paragraph a of this Exhibit are hereby amended and shall be installed in accordancs,stit2~the o! t~A { n*'r{ ~, which ~~_ bo fed to t~ Licensee by n. Tho construction plane idantifiod in paragraph a o! this Exhibit indicate that the Licensee intends to construct a biko path within the District's easement !or the Finch Latoral. Tho District does not, by entering this agroomont with License approve, authorize, or acquiesce to the construction said bike path or any bike path within the District's oasgment for tlhe Finch Latoral. /~ ~\ sea s all plate n'o structures of any kind above ground on the Districts easement areas except as rotorred to in this agreement or exhibits thereto without the prior written consort o! the District. The District's right of way along the Onweiler Lateral is 50 teat, 15 lest to the left o! contorline looking downstream, 3S fret to the right, and along Finch Lateral is so feet, 40 font to aithor side of centerline. p. Construction shall be completed 30, 1995, with the exception of rho piping Onwailar lateral located to the oast o! Lot on the •ast side of North Arrowhead Kay. portion of the Onwailer Lateral shall n October is, 1995, shall be completed not from rho date of this agreement, and shall irrigation season, between March 15 and Oc the emsence. not later than IRarch of the ortion of th• 13, which is located Construction of said of commence prior to later than two years not occur during the tober 15. Time is of LICENSE AGREEliENT - Paqe li Brighton '' Yorodon FAX MESSAGE November 13,1995 TO: Mike Wardle FROM: David Turnbull FAX N0.208-377-8962 TEL N0.208-378-4000 NUMBER OF PAGES INCLUDING THIS SHEET: Mike: I'm not sure how much you have been kept abreast of the Bedford Place situation as it concerns the amended preliminary plat so I thought I would send the following update: The basics of the situation are outlined in the Memorandum of Understanding and Agreement attached. Basically, the Mayor stated in the May 9 meeting that, whether or not a variance was required, the preliminary plat was approved with the Finch Lateral being left open and a pathway constructed alongside in a greenbelt. ~Ie and Walt Morrow affirmed that was the intent of the Council and that as far as they were concerned, as long as we built it according to the original plans and approval that we were OK, even if a formal variance hearing were required. Even so, significant opposition from the neighbors in Fothergill was evident. They wanted the Finch piped. Also, we pointed out that the Nampa-Meridian Irrigation District refused ~ to allow a pedestrian path in our license agreement with them (see attached license agreement). Kingsford and Morrow conceded that N1V~ had rebuffed the City's efforts for approval of greenbelts along laterals (they do allow them along drains). I offered as a solution the idea that we pipe the ditch to satisfy the Fothergill neighbors, we construct a • s tot lot and a basketball court as a neighborhood amenity (which really is more conducive to the neighborhood's recreational needs and would be much better utilized), and that we add 8 lots approximately 100' wide x 80-85' deep to help defray the additional costs. Everyone in the meeting agreed that this was the best solution. The Fothergill neighbors were fully supportive and agreed to attend the hearings to testify. The Ewings, who developed Fothergill, also supported the plan and encouraged the neighbors to turn out. Kingsford and Morrow, while not certain a public hearing would be required, also supported the plan. lufike Tanner reviewed the irrigation plan (alignment, easements and encroachments) with John Anderson of NNIID and said he approved of the concept, subject to final construction plans. It is essentially the same thing we did with the Onweiller Lateral, nutting the pipe in the front lot line, taking.it between two lots on eiiher end with an encroachment agreement for those four lots. r -~~`~.~ NUBBLE ENGINEERING, INC. ~_ ~:~%I 950 Bethel Court • Boise. Idaho 83709 208/322-8992 • Fax 208/378-0329 l "/ Ivvv t I Pro~ecl Name ---- ~----- -- ~ ~~' ---- --- j Suh~esi --._ - Calc &i ----- ----- Dale ----- ~ { O --- ---- - -_ r Checked &r _ _ Date Sneer of s--- fio : rYL~rr~ ~, ~,v C.' ~ ~c~7.cr~- ~~ue ss IPA: ~~`b ~ '~,a e~ ~-c~--1- -tevu e,2f2t~w ,~~-- Guy- Guru ~vr ,~iv va~~ ~67~L~v- /~itY~j -~fF ~Zt~4-~IT'~ b~- /~J7~-iu.~J-.4-- ILlFi2~Diifi~U fit. u-tT,e~v ~~ ~~ ~-it,~`~ ~ ~ GU's ~~-t` ~};r4-~ -f ~ 7~F A~~ Gtr- A~'~+-r' tNf l~ir~-7~4~ --- e~ ~ i~cr~o . /2 . 1YUBOFTREASUREVAL . OFFICIALS LEY COU NCILMEMBERS WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Weter Works Supt. CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW JOHN T. SHAWCROFT, Wsete Water Supt. ~'° P 8 2 COMMISSION DENNIS J. SUMMERS, Parke supt. SHARIS STILES PfiZ 33 EAST IDAHO ~ L, ~j ~- r ~ ~ j ~ JIM JOHNSON, Chairman . , Adm. KENNETH W BOWERS Fl Chi f A A ~IAy~Ap~ oo F Irylp, ; MERIDIAN, IDAHO 83642 p ~~ ~ ('~~ ~~ • ~Ly MOEALIDJANI . , re e W. L. "BILL" GORDON, Police CAlef ~ ~ _. „1,,...._ .._, Phone (208) 888433 • FAX (208) 887.4813 JIM SHEARER ~ ..: ,'CHARLIE ROUNTREE ~ WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 _ TIM HEPPER ~ 4 GRANT P. KINGSFORD /~i~,a O C 1 ~~ ~~ Mayor I~ ny~ ~1 (~ 7 1 ~~~ l ~Y~ Y~I~G~i ~ ~.' c~ ; ~ '` TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to __ _-- -- Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Coruoration LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridan Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT)' INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Onweiler Lateral courses through the middle of the project. CITY ATTORNEY The_right-of-way of the Onweiler Lateral is 50 feet: 35 CITY ENGINEER feet to the right and 15 feet to the left of center facing CITY PLANNER downstream. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUB•1F~T 'rn AnVFR nSSFSSTnN The developer must contact John Anderson or Bill Henson at ]cam=s ~ MPY;rlian 7rr;gar;nn P;Srr;rr 466-0663 or 345-2431 for approval before any encroachment or chancre of right-of-way occurs. All laterals and waste ways must be protec.t_e_d. Municipal surface drainage must be retained on site. If any drainage leaves the_s_i_te_ Nampa & Meridian Irrigation District must review drainage plans It is reCnmmPndPd that ; ;get;nn water be made available to all developments within this District. Thies n;srr;r•r rpntt;rPS ha .and a hange/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. NOTE: THE 15 FOOT ACCESS TO NAMPA ~ MERIDIAN IRRIGATION D~I~RI~T: LATERAL MAY NOT BE ACCEPTABLE . ~ ~° ' t ~'"' ~ ""~I -~ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District rt:, r ~,.~'' j~a.~xd:..,<w~ EPARTMENT MAIN OFFICE • 101 N. ARMSTRONG Pl. • BCISE. ID. 83704-0825 • (Z08) 375.5211. F To prevent and treat disease and disabiit to romote health f i es Ies, ~: 327.850( hJ~ P y f ty • and to protect and promote the health and quality ojour environment STORMWATER IVIANAGE'1~NT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORI~IWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ado ! loos Caurp OIAes WIC lobs • INeridan Brtiors Caurlr Odles Boron Caur~r Oeies Valhi Court Oies m~ K Artn~ a Iboe aooerr sr. Sao E emsaea~. a fmian~rd Msaltt v.o. Bo•~ IUB Baes. D. 837015 Boas. m. B310S Mouton Home. d). 190 S. Jf1 Stre'f E MtCd D. B303B Fnvro. HeaIIL• >?7.1d99 Ri. ),141355 87611 PA SB7•td07 Mouton Moms. ~0. PR 6)4114/ F~+M Ptotm¢ J27.1~ J2d Hendon Ad. B36d) PA SB7-02T5 1t7.1d50 Wdabm 121.7dd0 Mer~dai. ~. B36d2 PR BBB-0SZS 'MC. ~1.7dBB CENTRAL •• DISTRICT I~EALTH D CENTRAL C •~~~DISTRICT i'if HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPAR~"Ir'IENT Environmental Health Division ~~ "" >ro: OCT CITY (~~ ~~~Barden city ~ Q 1995^ Boise Eagle ' al Use # ®Meridian Preliminary Final /Short Plat ~EG~ o/~ /~L~ ~fU~~~~//.S/~„_/ ^ Kuna ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~ central sewage ^ community sewage system ^ community water well ^ interim sewage ,~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines -central water ,~] 10. Street Runoff is not to create a mosquito breeding problem. ^ I I . Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ~G] 15 ^ beverage establishment ^ grocery store 1 ~ / ~$/ r/~ D t . a e: ~6iQiG1!'~/~. /L!/fT~~~i~J~NT ~J/z/T~"7''/~" Reviewed By: CDHD ID/91 rcE, rev. I/9S Review Sheet LUATION ~EET ~~~~ Sl s~IVISION EVA N O V 0 9 1995 i~~~~~r Proposed Development Name °`^~^Q^ ~~ erF SUB Cityj Date Reviewed 10/26/95 Preliminary Stage XXXXX Final Engineer/Developer The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. Street f Th existi i ll nam e Shall a ooPar on th e ol at a s: a py ng ow o „ " evv Street na ~ ll f me are anor oved a nd Sh all a ooP ar o n the plat as• ing~ o~ti o The " "N ORTH A RRnw WO OD WAY " N " /1 " "E SED GEW~ rK S TRE ET "E EDr nR STR EET" "E EDG AR COU RT" " " "E W AK FLY STR EET" "E WA KEL Y CO UR T" Please choose 2 more Street na mes to b e used in th is d evel opme at The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order fort a street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,~EI~CY P S~NTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Representat Representative Date ~~ Date ~ Date /o ~ 9 s -Date ~-5 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section _ .,~ , NUMBERING OF LOTS AND i OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Gty Engineer BRUCE D. STUART, Water Wanks Supt. JOHN T. 8HAWCROFT, Werote Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flro Chlsl W. L. "BILL" GORDON, Police Chlsf WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY COUNCIL MEMBERS, A GOOd Place t0 I.1VC MAX YERR NGTgONA CITY OF 1VIERIDIAN ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, cnalrman MERIDIAN, IDAHO 83642 MIM sHEARE I Phone (208) 888433 • FAX (208) 887813 CHARLIE ROUNTREE PUbI1C WO[ICS/BIIIIdIng DeP8rtInML (20Ii) 887-2211 TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: _ South of Ustick Road and West of 11l~eridan Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: f ~ ~ 02 3 `" ~sl YOUR CONCISE REMARKS: N~ r~~ s' N~~ o ~ ~ p w~ r.fz.- ct r r,,,t ` S ~ ,..- .c ~;l`CY ~~ ~vll~K~l~-t~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, CNy Treasurer GARY D. SMITH, P.E. Clty Enplnee- BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Wetsr Supt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 2 Adm. KENNETH W. BOWERS, Flro Chlet W. L. "BILL" GORDON, Pollce Chlaf WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ,~ ., U ~ ~ ~~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b 2 COMMI8310N JIM JOHNSON, Chalmten MOE ALIDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER ~ i ~8 Y L.`ofd li.J15 id 0i~~! TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary Plat for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridan Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM FINAL PLAT) BUREAU OF RECLAMATIO LIM 8~ FINAL PLAT) CITY FILES OTHER: ,~'~~~ c~ YOUR CONCISE REMARKS: S~DIVISION EVALUATION~HEET RECEiiTEi~ DEC 2 71995 Proposed Development Name BEDFORD PLoCE SUB City 1i d1b1~6' MERIDIAN Date Reviewed 12/14/95 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enor. /Brighton Corperaiion The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existin g street nam e shall ap,rzear on th e plat a s• - "E USTIC K ROA D" The followino new st reet na mes are apor oved a nd sh all appe ar o n the t ?lat as• " NORTH A RROW WOO D WAY " " AD DESO N STR EET" "N A NSTON AVE NUE" "E SED GEWI CK ST REET" - "E. EDG AR•STRE ET" "E E DGAR Cnl1 RT" "E BA LDWI N STR EET" "E. W AKE LY STRE ET" "E WAKELY CO URT" "N . LIVIN GST ON AV NUE" "E GAYLO RD STREE T" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representati,ra or ~~is designee in order fo° st:eet names to be of#icially approved. ADA COUNTY STREET NAME COMMITTE , A EN Y E ES NTATIVES OR DESIGNEES Ada County Engineer John Priester T Date / Z l Ada Planning Assoc. Terri Raynor ~-~-- Date l~' I~~ qS City of Meridian Representative Date ~~~- /~'9S Meridian Fire District Representative Date /~ -/~- 1~5 NOTE: A copy of this evaluation sheet must be presented to the Ada Gounty Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index _SN 1 E 06 Section NUMBERING OF LOTS AND BLOCKS ~/C ~L-c`~ /~/~d/~~ • ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 19, 1995, for the purpose of reviewing and considering the Application of Brighton Corporation for a Preliminary Plat for land located in Government Lot 3, Section 6, T,3N, R.1 E Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road and West of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 11 single family dwelling lots for Bedford Place Subdivision. Amore. particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 30th day of November, 1995. WILLIAM G. BERG, JR., ITY CLERK DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and BRIGHTON CORPORATION, an Idaho Corporation ,party of the second part, hereinafter called the "DEVELOPER", whose address is 12301 W. Explorer. Suite 200, Boise, Idaho 83713 . WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in attached Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single- family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned R-8 ,described in "Exhibit A", shall have lot sizes of at least Six Thousand Five Hundred ( 6.500 )square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein, except as may be approved by amended preliminary plat. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Plan shall show proposed location of pressurized irrigation. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standazd Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standazds and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepazed by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the vazious water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the vazious improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the vazious improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standazd Engineering Drawings and Standazd Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of OccupancX within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of OccupancX will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of OccupancX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a temporary perimeter fence around the entire parcel prior to any construction except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Brighton Corporation City of Meridian 12301 W. Explorer 33 East Idaho Suite 200 Meridian, ID 83642 Boise, Idaho 83713 BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 23. That DEVELOPER agrees that it is going to prepare and request approval of an amended plat the requirements of which shall be at the discretion of the Zoning Administrator; that the amended plat shall encompass the land currently covered in the non-development agreement; that at the time of submission, and during the process, of the amended plat, Developer shall submit a request for approval of a tot-lot and basketball court or volleyball court; that detailed specifics of those recreational facilities shall be submitted at the time of submission of the amended plat even though those recreational facilities will be located in the second phase of Bedford Place Subdivisions and this Development Agreement applies to the first Phase of Bedford Subdivision; that said amended plat will be limited to a maximum of eight additional single family lots adjacent to the Finch Lateral; that said lots will each be a minimum of 8,000 square feet; that upon approval of said amended plat and in conjunction with construction of the "non-development" portion of Bedford Place Subdivision and prior to or in conjunction with development of phase two of Bedford Place Subdivision, the Finch Lateral will be tiled; and that a license agreement with Nampa- Meridian Irrigation District will be in place prior to the expiration of the "non-development" agreement for the first phase of Bedford Place Subdivision. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: BRIGHTON CORPORATION By By CITY OF MERIDIAN B Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this day of ~.-.~~ 2.~ 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull and Michael H. Tanner , known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaar.io~>~~certificate first above written. ,•• ~"~ A M• T •••. i~ * = ~''~ ~ Notary Public Idaho pUBLTG ' r~ OF [9 ~~~`~~ STATE OF IDAHO ) ss. County of Ada ) Residing at: ~Jvsw~. o~ My Commission Expires: '~ ~ ~ B aboo On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 '`' ~"' RUBBLE ENGINEERING, INC. `9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 ~~ ~l ~,~i~~ ~ Project No. 94035 BEDFORD PLACE SUBDIVISION April 1, 1994 Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter corner common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: NUBBLE ENGINEERING, INC. J..., .. ~~~ 31 Q ~~~ ~~~ O F ~ F ~ ~~ TF~~~ Pti~ D. Terry Peugh, P.L.S. DTP/bh/879.des EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BRIGHTON CORPORATION This subdivision is for 78 single-family dwelling units with an overall density of 3.61 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, excluding Finch Lateral, except as may be modified by a subsequent amended preliminary plat approval. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks streets to and within the property. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of--way, including necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the CITY. 8. Provide temporary construction perimeter fencing except where such requirement has been waived in writing by the CITY. 9. Construct apedestrian/bike path and park-like corridor along the Finch Lateral Green Belt, except as may be modified by a subsequent amended preliminary plat approval. 10. Provide a 20'-wide common area landscape buffer along Ustick Road. BEDFORD PLACE SUBD. -EXHIBIT B MERIDIAN PLANNING & ZONING COMMISSION MEETING:. NOVEMBER 14.1995 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 7 REQUEST: PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED COMMENTS .~ "REVIEWED" ,~{~ 'I v SEE ATTACHED COMMENTS Ud`' d'~ ~~ l~. l~'' ~ ,,~ ~ . C ~ _ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS ~"J CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: III Materials presented at public meetings shall become property of the City of Meridian. COMMENTS MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995 _ __ APPLICANT: BRIGHTON CORPORATION ITEM NUMBER; ~ l/ REQUEST; PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBD. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: MINUTES FROM 11-14-95 P ~ Z MEETING SEE ATTACHED COMMENTS L~ SEE ATTACHED COMMENTS "REVIEWED" ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS ~,Q, ' - ~ S ~` ~ f.~' °~'~ c~ ~ ~~ ~~ - SEE ATTACHED COMMENTS /~ SEE ATTACHED COMMENTS ,~ / SEE ATTACHED COMMENTS V All Materials presented at public meetings shall become property of the City of Meridian. ~. • Meridian Planning & Zoning Commission November 14, 1995 Page 28 Shearer: Second Johnson: We have a motion and a second to pass a favorable recommendation onto the City Council regarding the preliminary/final plat for the playground subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, Commission members, I am here to discuss a modification of a plat that was approved about a year and a half ago. The first thing that I would like to do is pass out a little illustration of what we are discussing and then I will use the original concept map to discuss it with you. The original annexation and zoning of this 40 acre parcel was an R-8. The preliminary plat that was approved when I recounted I counted 152 it was either 152 or 153 lots., Basically a straight forward subdivision with the minimum 6500 square foot lots. As originally proposed there was a common area strip along the south boundary that was adjacent to the Fothergill subdivision in which it was proposed to realign the Finch Lateral and place a bicycle pathway system. This particular enlargement illustrated the concept. At the time that it was presented to Nampa Meridian they had no difficulty with the relocation but they made no commitment with respect to a pathway in that area. In fact, when the construction plans were designed for that relocation with the single crossing of Arrow Wood Way that connects this project to Fothergill the Nampa Meridian Irrigation District specifically disapproved any pathway system within their easement area. In addition when the construction actually began the adjacent property owners became concerned about the location and the depth of that particular facility. A meeting was held between property owners from Fothergill Subdivision and the developer and Mayor Kingsford, Councilman Walt Morrow, City Engineer Gary Smith. I would like to present to the Commission as well copies of the minutes and the memorandum of understanding an agreement that resulted from that. Johnson: Is that any different from this one. I think we all have that, I made copies for everyone. Wardle: During that particular discussion it was first noted -that the relocation plans to Meridian Planning & Zoning Commission November 14, 1995 Page 29 • construct the Finch Lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you all have then just in brief re-statement of the fact, that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would the the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and' basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, all of which exceed 8,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply come to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to the the lateral to put lots in and to also maintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would .respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to allow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch I believe that is correct yes. If it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: I would like to ask a question? What is the status of the ditch along the west boundary? Wardle: I believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as is. • Meridian Planning & Zoning Commission November 14, 1995 Page 30 Crookston: I believe that our ordinance indicates that if it is adjancent to the property that the tiling ordinance still applies. Wardle: Mr. Chairman, Mr. Crookston this is not a lateral, this is a drain that services that area and that was not a matter that was discussed or made part of the original consideration. That is a new action that you are raising and it is on the adjacent property. Hepper: If it is a drain ditch it wouldn't have to be? Crookston Yes, it is any waterway. Hepper: Except drains I thought. Crookston: It actually applies to all of them. We have not required the Nine Mile Drain, Five Mile Drain to be tiled. But it does apply to them. It is my understanding this is not of the nature of the Nine Mile Drain. Hepper: (Inaudible) Crookston: I believe it would, Gary you have had some dealings with this have you not? Smith: Yes, the applicant has applied for a variance from tiling that ditch, that is in the process right now. Wardle: Mr. Chairman and Mr. Crookston I was not aware of the status of that particular item. Crookston: How wide are these 9 or 10 lots on the southern portion? (Inaudible) Wardle: They range from approximately 83 feet in depth and it increases because the configuration of that property expands a little bit as you go to the west and they run from 100 feet in width up to 103 plus, I guess there is one that is 97 feet by roughly 87. Crookston: And you are tiling the Finch Lateral is that correct? Wardle: Yes, the Finch Lateral will be tiled right along the street right of way line in this location. I believe the preliminary plat identified that. Hepper: I have a question on this original version here on the Finch Lateral shows a depth of those lots approximately 80 feet and then it shows the Finch Lateral going just a little off center of right down the center of those lots. Does that leave room to build homes • • Meridian Planning & Zoning Commission November 14, 1995 Page 31 there without building right on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Hepper, may I see, illustrate what you are talking about on the original. Hepper: On the original, the width is 80 feet right there but the ditch is almost dead center. Wardle: Mr. Hepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Hepper: But on the bottom plat where will it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property line. Johnson: Any other questions? Rountree: What is a tot lot? Wardle: Well we assume it appeals to the younger generation. But it will have playground equipment and there would also be a basketball court facility. Rountree: Is that a full court, half course, 1/4 court. Wardle: Half court. Rountree: Would the lot be fenced? Wardle: The tot lot area? Rountree: Yes Wardle: I don't know that we actually have a detailed layout of that facility as of yet whether it would be fenced or not I don't know. Rountree: And the care and maintenance of that facility would be the responsibility of the Meridian Planning & Zoning Commission November 14, 1995 Page 32 homeowner. Wardle: That is correct. Crookston: It was my understanding that was supposed to be an entire basketball court. I thought (inaudible) Wardle: Perhaps Mr. Turnbull would be more willing to come and address that particular subject. You can see form the list of attendees I was not there when the issue was discussed. David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, it includes a tot lot with, in fact I believe we submitted a photograph of the type of playground equipment we intend to buy that is the same as provided in the Mill Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, I don't remember the exact location but somewhere in south central Idaho. Fairly substantial with the timbers and so forth. The basketball court is a half court, actually we enlarged it larger than you would find in most of these tot lot type situations, provide for a full 3 point circle and some perimeter shooting. It is not a full court basketball court, I don't think we want to asphalt the whole area but we did want to provide that recreational opportunity. Pertaining to fencing, we have situated this in the middle of a stretch of common area grass area that some 300 feet long, it would be appropriate to have fencing in the rear of the property. I don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Turnbull: Where did you receive that understanding? Crookston: Dave I would have to go back and look at the record, but that is what I call excuse me that is what I recall was stated when we were discussing this I don't know back in (inaudible). Turnbull: Well, that was, I don't even know if that is desirable. This is a typical tot lot neighborhood situation that you find in many neighborhoods where you have a half court basketball court situation. Like I said I would prefer to provide some more green areas as well but that. Like I said that is what we had envisioned and what we proposed. I suppose • Meridian Planning & Zoning Commission November 14, 1995 Page 28 Shearer: Second Johnson: We have a motion and a second to pass a favorable recommendation onto the City Council regarding the preliminarylfinal plat for the playground subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, Commission members, I am here to discuss a modification of a plat that was approved about a year and a half ago. The first thing that I would like to do is pass out a little illustration of what we are discussing and then I will use the original concept map to discuss it with you. The original annexation and zoning of this 40 acre parcel was an R-8. The preliminary plat that was approved when I recounted I counted 152 it was either 152 or 153 lots. Basically a straight forward subdivision with the minimum 6500 square foot lots. As originally proposed there was a common area strip along the south boundary that was adjacent to the Fothergill subdivision in which it was proposed to realign the Finch Lateral and place a bicycle pathway system. This particular enlargement illustrated the concept. At the time that it was presented to Nampa Meridian they had no difficulty with the relocation but they made no commitment with respect to a pathway in that area. In fact, when the construction plans were designed for that relocation with the single crossing of Arrow Wood Way that connects this project to Fothergill the Nampa Meridian Irrigation District specifically disapproved any pathway system within their easement area. In addition when the construction actually began the adjacent property owners became concerned about the location and the depth of that particular facility. A meeting was held between property owners from Fothergill Subdivision and the developer and Mayor Kingsford, Councilman Walt Morrow, City Engineer Gary Smith. I would like to present to the Commission as well copies of the minutes and the memorandum of understanding an agreement that resulted from that. Johnson: Is that any different from this one. I think we all have that, I made copies for everyone. Wardle: During that particular discussion it was first noted that the relocation plans to • !. Meridian Planning & Zoning Commission November 14,-1995 Page 29 construct the Finch Lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you all have then just in brief re-statement of the fact that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would the the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and, basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, all of which exceed 8,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply come to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to the the lateral to put lots in and to also maintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to allow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch I believe that is correct yes. If it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: I would like to ask a question? What is the status of the ditch along the west boundary? Wardle: I believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as is. • ! Meridian Planning & Zoning Commission November 14, 1995 Page 30 Crookston: I believe that our ordinance indicates that if it is adjancent to the property that the tiling ordinance still applies. Wardle: Mr. Chairman, Mr. Crookston this is not a lateral, this is a drain that services that area and that was not a matter that was discussed or made part of the original consideration. That is a new action that you are raising and it is on the adjacent property. Hepper: If it is a drain ditch it wouldn't have to be? Crookston Yes, it is any waterway. Hepper: Except drains I thought. Crookston: It actually applies. to all of them. We have not required the Nine Mile Drain, Five Mile Drain to be tiled. But it does apply to them. It is my understanding this is not of the nature of the Nine Mile Drain. Hepper: (Inaudible) Crookston: I believe it would, Gary you have had some dealings with this have you not? Smith: Yes, the applicant has applied for a variance from tiling that ditch, that is in the process right now. Wardle: Mr. Chairman and Mr. Crookston I was not aware of the status of that particular item. Crookston: How wide are these 9 or 10 lots on the southern portion? (Inaudible) Wardle: They range from approximately 83 feet in depth and it increases because the configuration of that property expands a little bit as you go to the west and they run from 100 feet in width up to 103 plus, I guess there is one that is 97 feet by roughly 87. Crookston: And you are tiling the Finch Lateral is that correct? Wardle: Yes, the Finch Lateral will be tiled right along the street right of way line in this location. I believe the preliminary plat identified that. Hepper: I have a question on this original version here on the Finch Lateral shows a depth of those lots approximately 80 feet and then it shows the Finch Lateral going just a little off center of right down the center of those lots. Does that leave room to build homes i Meridian Planning & Zoning Commission November 14, 1995 Page 31 there without building right on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Hepper, may I see, illustrate what you are talking about on the original. Hepper: On the original, the width is 80 feet right there but the ditch is almost dead center. Wardle: Mr. Hepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Hepper: But on the bottom plat where will it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property line. Johnson: Any other questions? Rountree: What is a tot lot? Wardle: Well we assume it appeals to the younger generation. But it will have playground equipment and there would also be a basketball court facility. Rountree: Is that a full court, half course, 1/4 court. Wardle: Half court. Rountree: Would the lot be fenced? Wardle: The tot lot area? Rountree: Yes Wardle: I don't know that we actually have a detailed layout of that facility as of yet whether it would be fenced or -not I don't know. Rountree: And the care and maintenance of that facility would be the responsibility of the ~ ~ Meridian Planning & Zoning Commission November 14, 1995 Page 32 homeowner. Wardle: That is correct. Crookston: It was my understanding that was supposed to be an entire basketball court. I thought (inaudible) Wardle: Perhaps Mr. Turnbull would be more willing to come and address that particular subject. You can see form the list of attendees I was not there when the issue was discussed. David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, it includes a tot lot with, in fact I believe we submitted a photograph of the type of playground equipment we intend to buy that is the same as provided in the Mil! Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, I don't remember the exact location but somewhere in south central Idaho. Fairly substantial with the timbers and so forth. The basketball court is a half court, actually we enlarged it larger than you would find in most of these tot lot type situations, provide for a full 3 point circle and some perimeter shooting. It is not a full court basketball court, I don't think we want to asphalt the whole area but we did want to provide that recreational opportunity. Pertaining to fencing, we have situated this in the middle of a stretch of common area grass area that some 300 feet long, it would be appropriate to have fencing in the rear of the property. I don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Turnbull: Where did you receive that understanding? Crookston: Dave I -would have to go back and look at the record, but that is what I call excuse me that is what I recall was stated when we were discussing this I don't know back in (inaudible). Turnbull: Well, that was, I don't even know if that is desirable. This is a typical tot lot neighborhood situation that you find in many neighborhoods where you have a half court basketball court situation. Like I said I would prefer to provide some more green areas as well but that. Like I said that is what we had envisioned and what we proposed. I suppose Meridian Planning & Zoning Commission November 14, 1995 Page 33 you could talk to Walt or Councilman Morrow and Mayor Kingsford as the two representative of the City were in the meeting with the neighbors. But that is what we had envisioned. Crookston: I don't recall that the baske#ball court was supposed to be part of the tot lot at alt. As I recall they were two separate ideas. A basketball court and a tot lot. Turnbull: That is true in a common area. They were going to exist side by side. Crookston: I don't recall that, that could be the way it is, but I recall them being two basically separate facilities and a full basketball court. I will have to go back and look at my notes and what record I do have. Johnson: Okay, moving on, any other questions here? Thanks David, this is a public hearing, is there anyone else that would like to address the Commission on this issue? Shearer: Jim, I would have a question of Shari on this bike path. Johnson: Let's see if someone else wants to address the Commission first. Amy Duenas, Fothergill Pointe, was sworn by the City Attorney. Duenas: I live in Fothergill Pointe which is currently my property line is about five to 10 feet from where they have originally decided to relocate this Finch Lateral. I spoke on behalf earlier the last time we met on behalf of my neighborhood of our concerns of having an open lateral with so many small children around. Our neighborhood a tot of the surrounding neighborhoods primarily are for first time home buyers which means most of them are going to have small young children. Especially right in this area that we live in almost every house has at least one child. We went around to all the neighbors within blocks of there and talked to all of them about what was going on. That there was going to be this open ditch and our response to them or when we talked to them we asked for a response from them. What they would like to see done with the ditch and everyone wanted it to be tiled for the safety of their children. So that is our concern that it is tiled so that the children will be safe, that is our first and foremost important thing. With this water from what we have understood it would be pretty swift moving water if it was left open. Which causes a real hazard and I think we need to keep in mind the safety of our kids. So, that is all I have to say, thanks. Johnson: Thank you, is there anyone else that would like to come forward? Michelle Noll, 648 E. Hawk, was sworn by the City Attorney. ~. Meridian City Council December 19, 1995 Page 21 Tolsma: It has been moved and seconded to Smith: Councilman Corrie, Council members, we received that letter and I believe Mr. Lindley was in maybe Monday I guess and talked to me about the ditch on the adjacent property of the transport, truck and trailer proposal that is before you tonight. So depending on which property it is on you are absolutely right that ditch will need to be piped and taken care of. Tolsma: Okay, we have had a motion by Walt, second by Max to approve the preliminary plat for the Playground Subdivision subject to Nampa Meridian Irrigation's, Ada County Highway District's and the City of Meridian's staff conditions being met and modification of the lots so they do not impact the neighbors on the north side of the freeway. These conditions have to be met before the final (inaudible) Morrow: That is correct, my motion was only for the preliminary plat. I realize the application if for a split preliminary/final, the motion is strictly for the preliminary. Tolsma: All those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: Wayne, would you table the final plat then until these other conditions are met? Crookston: Yes you would, if it is on the agenda, my agenda that I have which must be an earlier agenda only has the preliminary plat but I knew that they applied for both. So that should be tabled also. Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to table the final plat until January 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Tolsma: Is there a representative here? • Meridian City Council December 19, 1995 Page 22 Mike Wardle, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Approximately a year and a half ago the Council approved a preliminary plat for Bedford Place Subdivision which essentially a 40 acre parcel just south of Ustick Road lying north of the Fothergill Pointe subdivision that had previously been approved. Subsequently one half of this subdivisions has been final platted and construction has been under way for some time both on the improvements as well as the homes there in. One of the early points of the proposal was a greenbelt system along the re-aligned south slough at the south end of the property. In the original proposal the south slough shown in this shaded area to the north was going to be re-aligned along the common boundary with Fothergill Subdivision. In fact plans were approved by both the City and Nampa Meridian Irrigation District for that relocation. One of the problems that occurred however was that when the construction commenced and the depth of that particular facility became evident to homeowners in the Fothergill Subdivision they approached the City and concerns expressed led to a meeting on the 9th of May, 1995 in the offices of the City with members of the City being present, the Mayor Grant Kingsford, Councilman Walt Morrow, City Engineer Gary Smith, representatives of the developer and Hubble Engineering and the developers of the adjacent Fothergill Subdivision and some neighbors who had expressed the concern. There was one other factor that had come to the fore during the approval process for the re-alignment of the South Slough or Finch Lateral and that a specific statement and I believe and I am aware that your Council packet has all the items that have been presented to the Planning Commission a month ago. But one very specific statement from the license agreement agreed to between the developer the Brighton Corporation and Nampa Meridian Irrigation District states as follows, and this is coming from license agreement page 11, item N, the construction plans identified in paragraph A of this exhibit state that the licensee intends to construct a bike path within the district's easment (inaudible). The District does not by entering this agreement of license approve authorize or acquiesce construction of said bike path or any bike path within the District's easement of the Finch Lateral. Those two items taken together, the concern of the adjacent property owners and the specific statement or reference by Nampa Meridian that they are not approving a bike path in tha area lead to the discussion and a memorandum of understanding and agreement between the parties and those parties be specifically private parties the City gave the good offices for the discussion but did not specifically sign the agreement between Brighton or the adjacent property owners or developer. But in that agreement the consensus was that Brighton could in fact amend its plat, to the the South Slough and gain approval for some additional lots along that area to off set the cost of constnaction for that that had been previously approved. And yet with the maintaining of some common area facilities in the form of a tot lot that would be acceptable to not only the property owners in Bedford Place but also without restriction to adjacent properties as well in the Fothergill Subdivision. Now the specific concept has not been presented to the Meridian City Council December 19, 1995 Page 23 City for the approval but the idea. I will take this off and pass it to the Council for the record as showing a tot lot area that would have some type of playground equipment in it. A half course basket ball facility and then some area on the sides of that for activity functions that might be possible, it is still fairly small but nevertheless is a usable area. So, what we are talking about then instead of the open lateral it will be piped along the frontage of the street, there will be eight additional lots platted for construction and then the maintenance of a common area for tot lot, half course basket ball and passive activities that might be appropriate. I will represent this to the Clerk for the record. Mr. President, members of the Council, I don't think there is any point in going further, I think it is a pretty straight forward situation. There is only one comment that we would make in as much as it seems that those adjacent to it and the developer did come to an agreement that the Nampa Meridian Irrigation District comments in the packet that we received for this particular meeting had an interesting statement. And I just want to clarify what transpired. The bottom of their comment sheet in your packet, they have a bold note that says the 15 foot access to Nampa Meridian Irrigation District's lateral may not be acceptable. The interesting think is that they appear to be talking about the Onweiler which goes through the middle of the project and has already been approved in both easement and access. If their comment pertains to the South Slough, what is being proposed is precisely the same arrangement. I n fact it is not just a 15 foot easment unencumbered easement for their access it is actually 25 feet. The plat shows that clearly. If there is any mis conception on that part it would be clarified in a license agreement wit them for the tiling of this lateral. If there are any questions specific to that we would try to respond to those. Morrow. Mr. Wardle, I have a question with respect to the minutes when this went through P & Z, a point that Mr. Crookston raised. In terms of whether the basket ball facility was supposed to be a half course or a full court. He indicates that he will have to go look at his notes and records to see. Have you researched any, after your presentation before P & Z and this came to be an issues. That issues come up only from Mr. Crookston. We have not found any record of this (inaudible) he was not involved according to the minutes of the meeting that were held on the 9th of May. I am not aware of any subsequent discussions that talked about specifics of those improvements. No, Mr. Turnbull is here I sure if there is other information, but there is no record that I can find from that discussion. It lead to a commitment for a full court basketball facilitate. Crookston: Excuse me, I did intend to look at the record to find out what was done. I have not had the time to do that and I apologize for that. If the Council desires me to do that still I certainly will do it. I think I would like to satisfy my own mind as to whether or not that was done or not. As I recall it, just in conversations I don't know if it was stated at a public hearing or not. As I recall it, it was to be a separate tot lot and a separate basketball court. I cannot recall specifically whether or not it was a full sized basketball court, meaning a basket on each end. I just don't recall that specifically. But what I do recall is that they r Meridian City Council December 19, 1995 Page 24 were to be separate lots. But I need to check the record on that. It may not have been, that is just how I recall it. Wardle: Mr. President, the one item that is noted in the minutes of that meeting, it says that the Brighton Corporation, this is item #3 in the proposal, that Brighton Corporation develop the equivalent of a minimum of two subdivisions as common area, tot lot and basketball court or volleyball court for children and residents of both subdivisions. Now, the area in question is substantially more than what would be two lots in that particular zone. Mr. President that is the end of my presentation if there are questions. Tolsma: There was one question that I had on the main street through this subdivision I believe there was supposed to be and your map doesn't show it (inaudible) green area all the way through this (.inaudible) Fothergill Subdivision. (Inaudible) in the entrance but it was supposed to be a green area all the way through this subdivision as more or a corridor street. Wardle: Yes, Mr. President, in fact there is a common area strip on the east side of that street. There is no common area when you get into Fothergill Subdivision, you are simply back to existing lots. That street actually is under ACHD standards now, 56 foot collector no access by any lots. Those have that buffer strip. I would believe that it shows that strip along there. Tolsma: It just wasn't colored on your map. Wardle: That was an earlier version. Morrow. Mr. President, I would like to have Gary's comments and then Shari's comments. Corrie: While they are doing that, Mr. Wardle I had a question, on the faxed message from David Turnbull to you it is part of the record here, evidently your conversation with Mayor Kingsford and Councilman Morrow that NMID (inaudible) along the laterals (inaudible) to satisfy the Fothergill neighbors to construct a tot lot and a basketball court as a neighborhood amenity. I guess was the tot lot and the court together in this one? Wardle: No, Mr. President and Mr. Cowie, in fact if you look at that little schematic again it shows both facilities, we just haven't detailed it particularly but it does show both. The playground for the children and a basketball facility. It is a half court. Tolsma: Any other questions of Mr. Wardle. Morrow: I would like to hear the staff comments and Mr. Wardle's response to those Meridian City Council December 19, 1995 Page 26 north south to keep the glare of the afternoon, evening sun out of your eyes. The only way to do a full court basketball court in this situation would be to run it east-west and not to mention it would eat up a lot of the green space. I might note that entire area whether you consider it a separate lot I suppose it could be platted as separate tot lot and basketball court lot but I don't know that does any good. It is probably better off being platted as one common area lot. In any case that entire common area lot there is roughly the length of a football field, 300 feet long, 100 yards long. Anyway,. if the Council has any other questions I would be glad to address them. Morrow. The lots will be maintained and owned by the homeowners association will they not anyway? Turnbull: The common area lot, yes. Morrow: So it does not matter if it is one lot or two lots. Turnbull: Correct. Morrow: Thank you Turnbull: As you can see we have provided a separation between (End of Tape) Tolsma: Council members? Morrow. Mr. President, I would move that we approve the preliminary plat subject to staff conditions, ACRD conditions and Nampa Meridian conditions. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the preliminary plat for Bedford Place Subdivision subject to staff conditions, ACRD conditions and Nampa Meridian Irrigation District conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: Tolsma: Is there a representative here? Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live JANICE L. GASS, City Treasurer e ,E C l R R M CITY OF MERIDIAN r Engine P ity SM H GARY D BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief Phone (208) 888-0433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: ~~ ~" g9 ~ z- DATE COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning ~-- l~ ~.~ DELIVER T0: /~/~~it0~''' C.~~f~ • -"' ~G~v/~a~ /Gf ~-h bGL/~ TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: Gyi l~ TITLE/DEPARTMENT: COMMENTS: (/i ~~ ~e~e~ v ~~~~rl~ G~~reGz` ~ re - ~wb ~,i ~- PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 JAN 24 '95 13 54 NON pEVELOPMENT AGRE~MEN'~' PAGE.002 This AGiR~EEMENT, made and entered into this day of , 1994, by and between BRICIH.TON CORPORATION an Idaho Corporation, whose address is 12301 W. Explorer Dr., Suite 200, Boise, ID 83713 hereinafter referred to as "DEVELOPER," and the G"ITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereina8er referred to as "CITY". WTINESSETI~ ~j ~ p,,,~ ~~~ VVI~RIrAS, DEVELOPER is currently the Owner of all real pmpe::y and subdivision lots V,~~ L~'`'°T"' contained in BED _ RD PLACE SUB_DiVISION Ada Courny, Idaho recorded as rnstrumcnt _ -„ t- ~.~,` No.~, records of Ada County, Idaho; and, ,c~~ , ~,~,~ tea, ~,~ WHEREAS, DEVELOPER desires now to withhold development of stc~eet, utility amd lot ~`/ %lr""'I'" improvements and sale of LOTS 12 THROIIGH 25, BLOCK 4; LOTS l TffitOIIG)f~ 19, $LOCK 5; LOT X, BLOCK 9 ANA 1E.0'I' 1, BLOCI{ 14 in said Subdivision (hereeRer d~~ r ' ~ "Undeveloped Lots"): ~~%~~ ~y~o~iw~ NOW, THEREFORE, in consideration of the mutual cpvenants and agreements contained .Q,~~f ~~'-(~, herein, the parties of this agreemern agree as follows: (, ~~,, -~,,,~,~N„~ DEVELOPER ereby agrees that no improvements will be instail~ in said Subdivision ""_ f lots as required by the CffY, ~~out the prior written ' ~„ permission of the CITY. ff DEVELOP'ER desires to install any of the said improvements for Said lots, they DEVELOPER shall submit a written request to the CITY whiclf shall contain a detailed ~~~ ~~ ~ • .description of the limited improvemems which are desiured and estimated time and cost to ~ ~ G~iGtil complete such improvements. The CITY reserves the ~ to require: Surety Agreement in o~G amounts sufficierrt to secure the full attd adequate performance ofDEVELOFEIL upon such stated ~ ~yft improvements and detailed construction plans Such Surety deposits will be figured at the prevailing rgnstruction costs determined by the CI'T'Y. DEVELOPER further agrees not to sell a~ of the above referenced lots in sai~ ,Subdivision during the term of this agreement, or until a new. Surety Agreement executed by the parties to this Agreenterrt, or until the r aired im ovements of said Subdivision G%t~~/~ are completed in accordance with CITY standards an cations. OPER aclrnowiedges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide pubGe notice to prvspeetive purchasers of the temporary restraint on conveyance. At such time as this Agreement terminates, the City agrees io release DEVELOPER . from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. „~,~, ~72~,,~__ ! . """~~ / ~,,j,v'Q'l/I/'_ ~`° .~ ~ ~n.M 6n.e rt .ern-c't-~- , ~t7i~ZG~r, .~.GU~~-, G,~ ~t o~ ~ ~~~ au ~n,e~dC~ar ~ ~ ~n ~ , n ~~~ ~ ~ 1 r. i ~--~p ,,g~t,a~ ltrL~i-+'t ~~`~ ~ ~~ ' JRN 24 '95 13 55 PRGE.003 DEVELOPER and CITY specifically understand and agree that although for the purpose of this Agreement, the status of the Uadeveteped Lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not mended and does not affect CITY requirements heretofore compiled with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed So and contained in this Agreement. ~Thia AgreemmR shall be inure to the benefit o~ and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WTTIVFrSS W1~REOF, the DEVII,OPER azbd the CITY have executed this Agreement at Meridian, Idaho, the ,day of .1994. BRI(~fiTON. CORPORATION MERIDIAN CITY ~ ~ David Turnbull, President U ~ . ' P~~ ~~~ ~,, ~ ~ ~ ~~ ~ ~~ ~ ~ ~ y ~~ ~ -. , ~ ` ~ ~~- ~ ~j ~ ~~ ~ - ~ ~~ ~ - '~ ~~ TOTRL PRGE.003 W~ ~y ~ 8 ~~~ ~,~~~Q~ -u~i ~ ~, ,~..~~-~ .rte. -H~" ~~~ ~~ b ~., ~v ~~ ** TX CONFIRMATION REPORT ** AS OF FEH 02 '95 08 26 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 08 02/02 08 24 12083778962 MODE MIN/SEC PGS CMD# STATUS G3--S 02'28" 004 049 OK HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNOIL MEM6ER5 RONALDR.TOLSM4 I e e CITY OF MERIDIAN W GAR yD SMRN, P.E. CIt E np ^oo. WALT . MORROW BRUCE 0. STUART, Wprer Works Supt, 33 PA$T IDAHO SFIARI STILES JOHN T. SNA W CROFT. Waste W afar Supt. Pla^ner J-ZOnI^q 4dminletralor KENNY W. BOWERS. Fire Cnlel MERIDIAIV~ IDAHO 83642 L, "91LL" GORDON, POIICO Chief W JIM JONNSON , WAYNE O.OROOKSTON, JR., Allomey Phone (2lIB) 888-043 • FAX (208) 887813 C^auman • Planning 6 Zoning Publie W orks/Building Departrn¢n[ (Z08) 887-221 f G8',ANf P. KINGSFORD Mayor FACSIMILE COVER SHEET T0: FAX NUMBER: 37 7" $q ~ z DATE:' ~~ ~~ ~~ DELIVER TO: ~/Al~1iZ`'o~ C.-~D • - ~QyiGC ~ i-h bGC/l TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER• SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: Gyi l~ TI TL E/D E PA RTM E~N~T> COMMENTS: U~ a~ ~~~~~'~' ~~m~~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 MEMORANDUM OF UNDERSTANDING AND AGREEMENT A meeting was held on May 9, 1995 which was attended by the following individuals/representatives: Mayor Grant Kingsford Councilman Walt Morrow City Engineer Gary Smith Brighton Corporation President David Tomball Brighton Corporation Secretary Mike Tanner Hubble Engineer Gene Smith Developer Sarah Ewing Developer John Ewing Neighbors Amy Duenas, Michelle Noll, Todd Woodell The following background and discussion was rehearsed: Brighton Corporation has approved plans to construct and relocate the Finch lateral (South Slough) in an open ditch along the south boundary of its property (Bedford Place Subdivision) which adjoins Fothergill Subdivision developed by John and Sarah Ewing. Neighboring residents, unaware that the ditch would be moved, became alarmed upon witnessing the relocation. Their concerns were.heighteaed by errors made during construction with respect to location and depth of construction. The residents protested the relocation at a City Council hearing held on May 2, 1995. The Council directed Brighton Corporation, the developer, to backfill the ditch to a safe condition until all parties could meet to discuss and resolve the issue. The following discussion and resolution was agreed to by the parties at the meeting held on May 9, 1995. Brighton Corporation did indeed reduce the ditch to a safe condition prior to the meeting. This was done by dewatering and partially backfilling the ditch. Brighton continues to maintain the ditch in a safe condition. Brighton Corporation represented that they could comply fully with approved plans to construct the open ditch across their property, Bedford Place Subdivision. The neighbors contended that they preferred that the ditch be tiled for the long-term safety of their children. Brighton indicated that the cost to the the ditch would be exceedingly expensive and had not budgeted for this tiling in the project. Additionally, Mayor Kingsford and Councilman Morrow indicated that Nampa-Meridian Grigation District would not allow the wallcway/greenbelt as approved by the City Council and therefore supported an idea of increasing the number of lots, tiling the ditch and adding playground amenities. Therefore, in the best interest of all concerned, Brighton agreed to the the ditch and construct common area amenities PROVIDED the City of Meridian would approve an preliminary plat showing an increase of up to eight (8) additional residential lots. This increase in lots would allow Brighton Corporation to recoup the cost of tiling the ditch. This solution was supported by all the parties.. Neighborhood representatives indicated that they would enjoin the residents of Fothergill Subdivision to testify in favor of the amended preliminary plat at public hearings. The mayor, Grant Kingsford, and Councilman Walt Morrow said that the proposal would have their support and vote. John and Sarah Ewing thought that this was a good solution and offered their support. PROPOSAL: All of the parties therefore did agree and do agree to support the following proposal: 1. That Brighton Corporation will be granted an increase of up to eight (8) additional residential lots in an amended preliminary plat of Bedford Place Subdivision; 2. That Brighton Corporation file the South Slough Ditch entirely across Bedford Place Subdivision; 3. That Brighton Corporation develop the equivalent of a minimum of two (2) subdivision lots as common area (tot lot and basketball court or volleyball court) for the children and residents ofboth Fothergill and Bedford Place Subdivisions; 4. That Proposals #2 and #3 are contingent upon the approval of Proposal #1. Until such approval is granted Brighton Corporation maintains approved plans as approved by the Meridian City Council Brighton Corporation shall have the right to proceed with platting of Phase 1 of Bedford Place Subdivision while revising the preliminary plat to reflect the above agreement. s -9s .. _ Gene Smith/Da e Sarah Fwius/Date '' ~ 9s. Michelle Nol1/Date .~ S-2.~ 9 - ,~-ss -9~ ~ Todd Woodel]/Date "~-~7.~ May 26, 1995 RE: Background and Discussion I agree with the discussion, except for didn't give any number of lots that they financially for the tiling of the ditch. many lots they have, any amount is o.k. mentioned to my recollection. the fact that needed in I personally with me, but Brighton Corp. order to recoup don't care how no number was ara L. wing Meridian City Council April 4, 1995 Page 13 Stiles: I made the changes that you had put on that on your copy and then gave a copy to Tucker Johnson. That is what he just signed and sent back. That was the one that had a comment about 1400 square foot minimum for the entire plat. Crookston: With the difference in the lots and i:ili~ cgs like that and they agreed with that?' Stiles: We talked about some of this was previously platted and that this portion of the property that was in the old preliminary plat they would have that 1300 square foot minimum and the remainder of the lots would be 1400 minimum. Crookston: As tong as they have met my comments and Shari says they have that is fine with me. Kingsford: What is the Council's pleasure? Tolsma: (Inaudible) Kingsford: Well I think that wouldn't be inappropriate to condition upon Wayne's review and approval and approve me and Will to sign it conditioned upon the Counselor's positive review. Morrow: Okay, Mr. Mayor, I move that we approve the development agreement for the Landing Subdivision No. 7 subject to review and approval by the City Attorney; that we authorize the Mayor and the City Clerk to sign the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for the Landing Subdivision No. 7 conditioned upon the positive review of the City Attorney and authorizing the Mayor and the City Clerk to sign those documents after positive review, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: Kingsford: Questions or comments about that? Tolsma: (Inaudible) Kingsford: Yes Meridian City Council Apri 14, 1995 Page 14 Morrow: You are comfortable with this Wayne? Crookston: Yes I am Tolsma: Mr. Mayor I would move we approve the Non-Development Agreement with Brighton Corporation. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Non-Development Agreement with Brighton Corporation, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Did you have a comment Mr. Berg? Berg: Yes, just one, do we, I don't believe we have a rough draft of any development agreement for Bedford Place. Stiles: Mayor and Council we do have a development agreement that has been submitted, I don't know if Wayne has reviewed that. I know I had a couple of problems with it that I needed to sit down with you on. Crookston: I don't recall right now without looking at my file whether I have seen it or not. I don't know what the status of it is, but if Shari has some concerns. Stiles: It hasn't been before you the development agreement, yet. Kingsford: That doesn't affect the Non-Development Agreement status does it Wayne? Crookston: No ITEM #14: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a pre- determination hearing at 7:30 P.M. April 4, 1995 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on 4-12-95 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer, and trash delinquency? Seeing none I would entertain a motion to approve the tum off list. MASTER DECLARATION COVENANTS, CONDITIONS. RESTRICTION: FOR BEDFORD PLACE SUBDIVI: July 1, 1995 ARTICLE I. RE ITAL WHEREAS, the undersigned (hereaRer "Grantor's is the owner of described as follows (hereafter 'Property'): RECEIVED J UL - 5 tg95 ~mr of ~~inu-H Lot 1 of Block 1; Lots 1 through and including 26 of Block 2; Lots 1 ~ through and including 13 of Block 3; Lots 1 through and including 2B of Bloch 4; and Lots 1 through and including 19 of Block 5; BEDFORD PLACE SUBDMSION, axordtng to the otficlal plat thereof filed in Book of Plats at Pages through and including records of Ada County, ktaho. WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions, easements, reservations, UmitaUons and equitable servitudes herein set forth to (i) insure the enhancement and preservation of property values, (ii) provide for the proper design, development, Improvement and use of the Property by the Grantor and all other persons or entities who may subsequently soquire an interest to the Property and (iii) create a residential development of high quality; WHEREAS, as additional land owned by the Grantor adjacent to the Property is platted and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because Bedford Place Subdivision will be developed in several phases, each of which may have unique characteristics, noeds and requirements, the Grantor may, from Ume-to-time, promulgate further conditions, covenants, restrictions and easements as 'Supplomental Declarations' relating fo particular Vacte or parcels of real property within Bedford Place Subdivision; WHEREAS, >n order to achieve the objectives and desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to be created until such Ume as the Owners take over the management functions through the Association upon substantial completion of the development process. ARTICLE IL i~CLARATION The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called "Lot; unless specified to the contrary), is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, oxupied and Improved subject to the following covenants, conditions, restrictions, easements, reservations, limitations and equitable servitudes (hereafter collectively called "covenants and restrictions"), all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property or any Lot therein, and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, tide or interest in the Property or any Lot therein; shall inure to the benefit of every Lot in the Property and any interest therein; and shall inure to the benefit of and be binding upon the Grantor and each Owner, and the suocessore in interest of the Grantor and each Olwner, and may be enforced by the Grantor, any Owner or by the Owner's Association, as hereafter provided. Notwithstanding the foregoing, no provis(on of this Master Declaration shall be construed or enforced to prevent or limit the Grantor's right to complete development of the Property In axordance with the plan therefor as the same exists or may be modified from time to Ume by the Grantor nor prevent normal construction activities during the construction of Improvements upon any Lot in the Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of Holes, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shat) arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time and shall not be violative of the ordinances of the qty of Meridian, Idaho, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. In the event of a conflict between the provisions of this Master Declaration and the requirements of the ordinances of the City of Meridian, Idaho, applicable to the Property, the more restrictive shall control. ARTICLE III. DEFINITIONS As used in this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows: ~: Ths Architectural Control Committee for the Property. ACC Rules/ACC Standards: Such rules or standaMs promulgated by the Grantor and/or the ACC as authorized by Section 5.27, below. Annexation: The process by which additional tracts or parcels of land not inHially a part of the Property are made subject to this Master Declaration. Assessment: A payment required of Association members, Including Regular, Special or Limited Assessments as provided in this Master Declaration. MASTER DECLARATION • 1 Association: Bedford Place Owners Assodatlon, Inc., an klaho non-profit corporation Bedford Piece Owners Association Inc The Idaho non-profit corporation organized by the Grantor and compromised of Membere and existing for the purpose of providing selt~overnment for the Property. Bedford Place' ubdtWsfon: The whole of the Property and any additional land annexed thereto as provided herein (also sometimes referred to herein as "Property'). Board: The duly elected and qualified Board of Directors of the Association. Bulldino: A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall indude all other appurtenances and improvements thereto or used in connection therewith. By-Laws: The B~Laws of the AssodaUon, including any amendments thereto duly adopted. Common Area: Ail real property, or interest therein, located within or outside of the boundaries of the Property in which the Assodation owns an interest or controls or which the Association is obligated to maintain, and which is owned, held, oontroilod or maintained for the betterment of the Owners and Occupants of the Property. Development: The project to be undertaken by the Grantor resulting in the improvement of the Property, or any additional property annexed hereunder, induding landscaping, amenities, construction of roadways, utility services and other Improvements. raptor: The undersigned owner of the land comprising the Property, induding a successor of the undersigned Grantor, which suxessor suxeeds to the ownership of all of the Grantor's interest in the whole of the Property. Improvements: Ail structures and appurtenances thereto of all kinds and types, including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs and lighting. 4nprovements shall not include those items which are located totally on the interior of a Building and cannot bs readily observed when outside thereof. Initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and intended for residential oxupancy. Umked Assessment: An Assessment levied by the Assodation upon one or more lots, but not upon all Lots within the Property, for the purposo of securing payment by the Owner(s) thereof of amounts expended by the Association to correct a condition prohibited or to cure an Owner's breach hereunder. Lot: A portion of the Property which is a legally described tract or parcel of land within the Property or which is designated as a Lot on any recorded subdivision plat relating to the Property. Master Declaration: This Instrument as it may be amended from time to time. Master Plan: Ths overall master development plan prepared by the Grantor for the whole of the Property, as the same exists from time-to-time and which illustrates the proposed total development contemplated by the Grantor and the nature and location of each of the uses intended to be allowed within the Property. Provided, that no use shall bs allowed within the Property unless the same is in accordance with applicable zoning ordinances. Member: Any person(s) who Is an Owner of a Lot within the Property M a e: Any mortgage or deed of trust or other hypothecation of land located in the Property to secure the performance of an obligation. Unless otherwise specifically provided, the reference to a "Mortgage" In this Master Dsolaration shall bs limited to a 'first Mor~aga," including a 9(rst Deed of Trust; on a Lot within the Property. Mortstaaee: Ths holder of a Mortgage or the beneficiary under a Deed of Trust, Including an assignee(s) thereot, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise specifically provided, the reference to a 'Mortgagee' in this Master Dedaration shall be limited to a holder of a first Mortgage, induding a beneficiary under a first Dead of Trust on a Lot. cu Any person, asaodation, corporation or other entity who or which is an Owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any Building or Improvement on a Lot whether or not such right is exerdsed, induding their heirs, personal representatives, successors and assigns. f~v t--S: A person or persons or other legal entity or entities, including the Grantor, holding fee simple title to a lot within the Property, induding contract sellers, but excluding those having such interest merely as security for the performance of an obligation, but Including any Mortgagee (of any priority) or other security holder provided said Mortgagee or other security holder is in actual possession of a Lot as a result of foreclosure or otherwise, and any penion taking titb through such Mortgagee or other security holder by purchase at foreclosure sale or otherwise. Play A final subdivision plat covering any portion of the Property, as recorded in the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Pro Ths whole of the Property described in Article I, above, and any additional land annexed thereto under pursuant to Article XII, below. Reautar Assessment: An assessment levied by the Association to provide funds to pay the ordinary estimated expenses of the Association. lal Assessment: An assessment levied by the Association other than a Regular or Limited Assessment MASTER DECLARATION - 2 Sub-Association: An Idaho non-profit corporation or unincorporated Association organized by the Grantor or by any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantor for any specific Vast or parcel within Bedford Place Subdivision. Unless specifically provided to the contrary, or the context requires otherwise, a roference to 'Assodation' shall Indude "Sub-Association' ' Sub-Assodatton Board: The duty elected and qualified Board of Directors of a Sub-Assocation. Unless speditcaily provided ~ the contrary, or the context requires otherwise, reference to `Board" shall include Sub Assodation Board." $uDDlelllental Declaration; The additional or different conditions, covenants, conditions, restrictions and easements relating to a particular tract or parcel of real property within Bedford Place Subdivision promulgated by the Grantor and recorded in the official records of Ada County, Idaho. Unless specifically. provided to the contrary, or unless the context otherwise requires, a reference to "Master Declaration' .shall include `Supplemental DedaraNon ARTICLE IV. PURPOSE The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which shall be deemed to be imposed upon and run with the land and each and every l.ot and parcel thereof, and shall apply to each and every Owner and Occupant thereoi and their respective successors in interest, to insure proper design, development, improvement, use and maintenance of the Property for the purpose of: (a) Insuring Owners and Oxupants of Buildings of quality of design, development, improvement, use and maintenance as shall protect and enhance the investment and use of all Lots and Improvements. (b) The prevention of the erection within the Property of Improvements of improper design or construction with improper or unsuitable materials or with improper quality and method of construction. (c) Encouraging and insuring the erection of quality and attractive Improvements appropriately located within the Property to assure visual quality and harmonious appearance and function. {d) Securing and maintaining proper set-backs from streets and open areas within the Property and adequate free spaces between Improvements. (e) The integration of development of V-e different Lots by setting common general standards consistent with the ACC Rules/ACC Standards existing from time to time. (f) Insuring attractive landscaping and the conservation of existing natural features with minimum adverse Impact on the ecosystem. As used hereafter, 'Project Objectives` shall mean the foregoing specified purposes. ARTICLE V. PERMITTED USES ANO PERFORMANCE. STANDARDS SECTION 5.01. ~. Lots shall be used only for residential purposes and such uses as are customarily incldental thereto and Common Area. As used herein and elsewhere in this Master Declaration, `residential" shall mean the use of the Improvements on a Lot for living accommodations by not more than two (2) unrelated persons, excluding guests of the principal occupant(s), which guests may reside therein on a temporary basis. Notwithstanding the provisions of §f37-6530 et, seq,, Idaho de as used In this Master Dsdatatton, 'residential' is not Intended, nor shall the same be construed, to Indude the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant. SECTION 5.02. Buildinas. No Lot shall be Improved except with one (1) dwelling unit. F~ch dwelling unit shall have an attached or detached fatly enclosed garage adequate for a minimum of two (2) and a maximum of four (4) standard size automobiles. No carports shall bs allowed. The minimum square footage within a dwelling unit located on a Lot shall be 1,400 square feet. SECTION SA3. ADDroval of Use and Plans. No Improvements shall ba built, constructed, erected, placed or materially altered within the Property unless and until the plans, specifications and alts plan therefor have been reviewed in advance and approved by the ACC in accordance with the provisions of Article XI, below. SECTION 5.04. Prohibited Buildings/Uses. No Vailer or other vehicle, tent, shack, garage, axessory building or out building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an unreasonable annoyance - or nuisance to the Ocpupant(s) of the other Lots within the Property by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, goose, radiation, dust, liquid waste, smoke or noise. No split-entry Buildings or Buildings having more than two (2) stories shall be allowed. SECTION 5.05. acks. No' building or other structure (exclusive of fences and similar structures approved by the ACC) shall be located On a Lot nearer to a tat line than is permitted by the ordinances of the City of Meridian, kJaho, applicable to the Properly; provkded, however, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to minimize the negative visual appearance of a uniform building line. SECTION 5.05. Antennae. No exterior radio antennae, television antennae or other antennae, including a satellite dish, shall be srscMd or maintained on a Lot without the prior approval in writing by the ACC. SECTION 5.07. Easements. There is hereby reserved for the use and benefit of the Grantor and granted for the use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association, and theft sua~assors and assigns, for the purposes incident to such use, development and maintenance of the Property, the following easements: (a) For the installation and maintenance of public utility facilities of all kinds, including radio and television and transmission cables, the easements so designated on the recorded Plat(s) for any portion of the PropeAy. MASTER DECLARATION - 3 (bj For the purpose of permitting the Grantor or the Association, their ~ntractors and agents, to enter onto those portions of Lots contiguous to any Common Area to maintain, replace and restore landscaping and other kprovements within the Common Area. (c) Redprocal appurtenant easements of encroachment, not to exceed one foot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the knprovements constructed thereon, which easements of encroachment shall be valid so long as they exist and the rights and obligations of Owners shall not be altered 1n any way by said encroachments, settling or shifting; provided, however, that in no went shall a valid easement for encroachment oxur due to the willful act or acts of an Owner. (d) Any additional easements, ff any, as shown and designated on a recorded Plat(s) for any portion of the Property. The saserrront areas (excluding any equipment or appurtenances owned by the Grantor, the Association or a utility company located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they are situated. No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall intertere with the Intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and axesa Intended to be provided by such easement or the installation or maintenance of the utilities or other facilities, if any, located thereon or therein. SECTION 5.08. htln ff required by the ACC, each Owner shall install, and maintain in a operative condition such exterior I(ghting as shall be provided in the ACC Rules/ACC Standards. SECTION 5.09. Roofs. The type, pitch and roof covering material(s) which shall be required on Buildings within the Property shall bs as set forth in the ACC Rules/ACC Standards. No gravel roofs shall be permitted. SECTION 5.10. Animals. No animals, livestock, birds, insects or poultry of any kind shall be raised, brad, or kept on any Lot, except that not more than two (2) domesticated dogs and/or cats, or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. SECTION 5.11. Septic Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within the Property. SECTION 5.12. Grading and Drainage. Lot grading shall be kept to a minimum and Buildings are to bs located for preservation of the existing grade(s) and any grade(s), berme or swales should be an integral part of the grading design. Subject to the requirements of any govammental entity having jurisdiction thereof, water may drain or flow Into adjacent streets but shall not be allowed to drain or flow upon, across or under adjoining Lots or Common Area, unless an express written easement for such purpose exists. Tha Owner of a Lot which drains upon, across or under an adjoining Lot(s) or Common Area shall be liable for any damage caused thereby and shall promptly take all action and make all modifications necessary to correct such non-permitted drainage. SECTION' 5.13. Commercial Use Prohibited. No Lot shall be used at any time for commercial or business activity, provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities relating to-the Property, model homes or real estate sales. The rental by an Owner" of a Lot and the improvements thereon for residential purposes shall not be a use in violation of this Section. The use of a Lot for a shelter home, as the same is defined in §6`7-6530 et. seq., I~Q de whether or not operated for profit, shall, for the purposes of this Master Declaration, be a commercial or business use. SECTION 5.14. Maintenance. The folbwing provisions shall govern the maintenance of Lots and all Improvements thereon: (a) Each Owner of a Lot shall maintain all kprovements located thereon in good and suffiaent repair and shall keep the Improvements thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the same in a neat and aesthetically pleasing condition. (b) All damage to any Improvements shall be repaired as promptly as is reasonably possible. (c) A Building which is vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not be exempt from the provisions of this Master Declaration. (d) All structures, facilities, equipment, objects and conditions determined by the ACC, in its sole discretion, to be offensive, shall be enclosed within an approved structure or appropriately screened from public view. All trash, debris, garbage and refuse shall be kept at all times in a covered container and all such containers shall be kept on a Lot within an enclosed structure or screened from public view. (e) No articles, goods, machinery, materials or similar items shall be stored, kept or maintained on a Lot in the required set-back area along a public or private right-0f-way or otherwise kept in the open or exposed to public view. (f) Any event or condition on a Lot which, In the sde discretion of the ACC, creates an unsightly or btlghtinp influence, shall be corrected, removed or obsVucted from public view, as the case may be, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited in this Master Declaration. (g) In the event that any Owner shall permit any Improvement, Including any landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattracWe condition, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and Into any building or structure thereon, if necessary, for the purpose of correcting or repairing the same, and such Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot shall bs personally liable, and such Owner's Lot may be subject to a mechanic's Ilen for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be levied as a MASTER DECLARATION - 4 Umited Assessment against said Lot and shall be enforceable in the same manner as set forth in Article UC of this Master Declaration,. SECTION 5.15. Mlnina and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantor or the Asaodatton may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. SECTION 5.16. Boats. Camoere and Other Vehicles. Trailers, mobile homes, trucks larger than standard pickups, boats, traCtore, campers, garden or maintenance equipment and vehicles other than automobiles, when not fn actual use, shall be kept at all times in an enclosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked or stored on a public or private rightof-way within the Property. No operative vehicle shall be parked or stored for a period in excess of seventy-two (72) consecutive hours on any portion of a Lot between the front of a Building and the abutting public right-of-way. No tnoperatlve vehicle shall be parked or stored at any time on a Lot unless wholly within an enclosed structure. A minimum of two (2) off-street parking spaces for automobiles shall be provided on each Lot. The primary purpose of the garage required on each Lot Is for the parking and storage of automobiles and other vehicles (hereafter 'automobiles"). No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which it Is designed shall bs permitted. The Owner shall provide sufficient garage space or other enclosed parking approved by the ACC for all automobiles used by the Occupants of a Lot, which automobiles shall be kept within the garage, and the parking thereot in the driveway on the Lot or In a public right~of-way within the Subdivision, other than for temporary purposes (as determined by the ~), is prohibited. . SECTION 5.17. Garage Doors. Garage doors shall be closed except when open for a temporary purpose. SECTION 5.18. Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that ail such Buildings will present a unified and coordinated appearance. All exterior fin(shes and/or colors shall be approved by the ACC and shall bs in axordance with the ACC Rules/ACC Standards. SECTION 5.1g. Vehicles. The use of all vehicles, including but no! limited to automobiles, trucks, bicycles and motorcycles, shall be subject to ACC Rules/ACC Standards, which may prohibit or limit the use thereof within the Property, provide parking regulatbns and other rules regulating the same. SECTION 5.20. Exterior Enerav Devices. No energy production device including, but not limited to, generators of any kind and solar energy devices, shall bs constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.21. Mailboxes. No free-standing mailbox shall be constructed or installed on any Lot without the prior written approval of the plans therefor by the ACC. SECTION 5.22. 1 ns. No commercial billboard or advertising shall be displayed to the public view on or from any lAt. Owners may advertise a dwelling unit and Lot far rent or for sate by displaying a single, neat, reasonably sized vacancy sign or 'For Sale' sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefor may be displayed on a Lot during construction of the Improvements. Ughted, moving or flashing signs for any purposes are prohibltad. Directional signs may be used ~ give directions to traffic or pedestrians or give special instructions. Any directional or identification sign within the Property shall be permitted, provided the same is approved by the ACC prior to installation. Notwithstanding the foregoing, the ACC shall have the right to adopt ACC Rules/ACC Standards with respect to signs allowed within Bedford Plats Subdivision, which ACC Rules/ACC Standards, it adopted, shall regulate signs within Bedford Place Subdivision and shall control over the spedfic provisions of this Section. SECTION 5.23. Subdividlna. No Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor. ki addition, the conveyance of an inslgniflcant portion{s) of a Lot to the Owner of the LAt which abuts said conveyed portion for the purpose of correcting a common boundary or other similar purpose, shall not be deemed to be a subdividing of a Lot within the prohibition contained herein. SECTION 5.24. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and speclflcatlons therefor, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. The type, design, material and finish of all privacy fences shall be as speclfled in the ACC Rules/ACC Standards, it being the Intent of the Grantor that all such privacy iencing shall present, to the extent reasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be in compliance with the ordinances of fhe City of Meridian, klaho, applicable to the Property. In addition to the requirements of the ACC Rules/ACC Standards applicable to fences, fencing, all fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on the Common Area or any portion of a berm constructed by the Grantor within the Property; provided, that if the Grantor constructs or installs a fence in a Common Area or on a berm, the ACC may allow fences on the adjacent Lot(s) to be attached thereto so long as such attachment does not Q) impede the maintenance, repair or ropiacement of the Common Area or borm, (ii) alter the visual theme established by the fence constructed or installed by the Grantor, and (iii) does not project above the top of the fence constructed or Installed by the Grantor. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the front setback of fhe prlnclpal Building on the Lot. No fence higher than six feet (6') shall be allowed without the prior approval of the City of Meridian, kiaho, and the ACC. Notwithstanding the foregoing, on corner Lots no fence shall be located closer than the more restrictive of the following: (i) ten feet (10~ from the back (Heide edge) of the sidewalk on the side Lot Une, or (ii) such distance from such sidewalk 8a shall be required by the applicable ordinances of the City of Meridian, Idaho. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and wails shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. MASTER DECLARATION - 5 (d) No fence or wall shall Interfere with the use and enjoyment of any easement reserved in this Master Declaration or shown on the recorded Plat(s) of the Property. (e) No fence, waU, hedge, high planting, obstruction or barrier shall bo allowed which would unreasonably Interfere with Ufs use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same oonsdtute an undesirable, noxious or nuisance effect upon neighboring. Lots. SECTION 5.25. Landscaaina. The following provisions shall govern the landscaping of Lots within the Property: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided in Article XI, below. The ACC shall approve said landscape plan prior to the installation and/or construction of Iandscaptng on a Lot. The use of berms and sculptures planting areas is encouraged. Landscaping of a Lot shall be In accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within sixty (60) days after substantial completion of the Building on the Lot, with a t'easonable extension allowed for weather. (c) Ths ACC Rules/ACC Standards shall set forth the Initial minimum landscaping required on each Lot. SECTION 5.26. Irrigation Water. Each Owner, by the acceptance of a deed !o a Lot within the Property, acknowledges that the Grarttor has no obligation to deliver irrigation water to the individual Lots within the Property. Provided, that if the Grantor constructs or installs any tadllties for the delivery of irrigation water to the individual Lots, the maintenance, repair and replacement of such facilities shall be the responslbiNty of the Association, with the cost therefor to be included within the Regular Assessments described in Section 8.02, below. SECTION 5.27. Adoation of ACC Rules/ACC Standards. The Grantor, or in the event of the Grantor's failure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of kprovements within the Property deemed necessary or desirable by the Grantor, or the ACC, as the case may bs, to carry out the purposes of this Master Decaretion. Ali ACC Rules/ACC Standards shall be consistent with the provisions of this Master Declaration. SECTION 5.28. f_xemaUon of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re-subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-0f-way or easements wit( respect to the Common Area to utility companies, public agendas or others; or to complete excavation, grading and Development to or on any Lot or other portion of the Property owned or controlled by the Grantor, or to alter the foregoing and its Development plans and designs, or construct additions! Improvements as the Grantor deems advisable in the course of Development of the Property. This Master Declaration shall not limit the right of the Grantor at any Ume prior to acquisition of tkle to a Lot by an Owner to establish on that L.ot additional Ucenses, restrictions, reservations, rightsof-way and easements to itself, to uUlky companies and to others, as may from Ume to Ume bs reasonably necessary. The Grantor need not seek or obtain ACC approval of any knpravements constructed or placed within the Property by the Grantor in connection with the Development of the Property, but this exemption shall not apply to a Building{s) constructed by the Grantor on a Lot owned by the Grantor. The Grantor shall bs entitled to the non~xcluaive use, without charge, of any Common Area within tho Property in connection with the marketing of the Lots therein. In addition, the Gren~r shall have the right, in connection with the marketing of the Lots, to inslatl, place, display and exhibit such signs, banners and other similar Items on the Common Areas and the Lot(s) owned by the Grantor for such a period of Ume as is reasonably deemed by the Grantor to be necessary. ARTICLE VI. BEDFORD PLACE OWNERS ASSOCIATION INC SECTION 6A1. Organization of Assoclatlon. Bedford Place Owners Association, Inc, shall be organized by the Grantor as an Idaho non-profit oorporetion and shall bs charged with the duties and vested with the powers prescribed by law and set forth in its Articles of Incorporation, Its B~Laws and this Master Declaration. Neither said Articles nor said By-Laws shall, for any reason, be amended or otherwise changed or Interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02. Sub-Associatlon(s1. Until completion of the Development, the Grantor shall have the sole and absolute right to create one or more Sub-Associations for purposes not inconsistent with this Master Declaration including, but not limked to, the following which shall be provided for in a Supplemental Declaration: (a) Acquire and improve any Lot, tract, parcel or portion of Bedford Place Subdivision. (b) Promulgate rules and regulations governing Common Area owned by or under the control of the Sub-Association. (c) Determine the services, in addition to those famished by the Association, which are to be furnished to or for the benefi! of the Members of the Sub Assodation. (d) Assess and certify to the Association for collection the Regular, Special and Limited Assessments required to meet the estimated cash needs of the Sub-Association. The ArUdes of Incorporation, By-Laws, rules, regulations and the Supplemental Declaration relating to eSub-Association shall not bs inconsistent with the terms and provisions of this Master Declaration and any inconsistency shall be governed by this Master Declaration. Unless earlier consented to in writ(ng by the Grantor, after completion of Development of Bedford Place Subdivision, Sub-Associations may be formed by any Owner or group of Owners with the approval of the Board and by satisfying all necessary legal requirements including, but not limited to, the preparation, execution and recording of a Supplemental Declaration. Except ea provided to the contrary in this Master Declaration or unless specifically provided to the contrary in the Supplemental Declaration relating to a Sub-AssodaUon, the provisions of this Article shall be applicable to and shall regulate each Sub Asaodatlon. MASTER DECLARATION - 6 SECTION 8.03. Relatlonshlo Between Association and Sub-Associations. R is the purpose and intent of the provisions of this Master Dedaratbp that the Assocation shall be charged with and responsible for the management of all activities in Bedford Mace Subdivision including, 1n• addition to all other duties and responsibilities set forth herein, the following: (a) The approval of all rules acid ,regulations of each Sub-Association and providing of assistance to a Sub,Association in the enforcement thereof; and (b) The levy and collection of Assessments of each Sub,Association which have been certified by the Sub-Association Board to the Association. ' Nothing herein contained shall restrict or prohibit aSub-Assodation from owning, in its own name, Common Area or other property related thereto, the use of which shall be restricted to Members of that Sub-Association. However, it is the intent of this Master Declaration that any such Common Area owned by aSub-Association, the use and maintenance thereof and the activities of the Sub-Assodation, shelf be consistent with and in furtherance of the Project Objectives and the terms and provisions of this Master Decaretion to assure that the whole of Bedford Plato Subdivision is developed and approved as a quality residential community. SECTION 6.04. Members, Each Owner (including the Grantor) of a Lot. by virtue of being such an Owner and for so long as such ownership Is ma(ntained shall be a Member of the ,Association and no Owner shall have more than one membership in the Assocatian, but shall have such voting rights as hereafter set forth. A membership in the Assodation shall not be assignable, sxoept to the successor-In-Interest of the Owner and a membership in the Association shall be appurtenant to and inseparable from the Lot owned by such Owner. A membership in the Assoclation shall not be transferred, pledged or alienated in any way except upon the trensfor of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited transfer of a membership shall be void- and shall not be reflected on the books of the -Association. SECTION 6.05. VoUna, The Assodation (and each Sub-Association) shall have two (2) classes of voting membership: CLASS A. pass A Members shall be all Owners of Lots within the Property, with the exception of the Grantor, and shall be erttitied to one (1) vote for each Lot owned. CLASg B. Gass B Members shall be the Grantor, and its successor(s) in title to a Lot(s), which Lots(s) is held by such successor in an unimproved condition (i.e., without a residential dwelling thereon) for resale to a builder or other person for the purpose of constructing thereon a residential dwelling, and to which successor the Grantor has spedfically granted such Gass B voting rights in writing; provided, that if such voting rights are not so granted, such successor shall be entitled to the voting rights of a Gass A Member with respect to each Lot owned. Upon the first sale of a Lot to an Owner, the Grantor shall thereupon be .entitled to three (3) votes for each Lot owned by the Grantor. The Class B membership shall cease and be converted to Class A membership when (i) the total votes outstanding in the Class A membership exceeds the total votes outstanding in the Gass B membership, or (ii) January 1, 2010, whichever shall first occur. SECTION 6.06. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directore and such officers as the Directors may elect or appoint, in axordance with the Articles and By-Laws, as the same may bs amended from time to time. SECTION 6.07. Powers of Association. The Assoclation shall have all powers of a non-proTit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the By-Laws or this Master Declaration. k shall have the power to do any and all lawful things which may be authorized, required or permitted to be done. under the Articles, By-Laws or this Master Declaration, and to do and perform any and all acts which may be necessary or proper for, or inofdent ~, the proper management and operation of the Common Area and the pertormanoe of the duties of the Assodation and other responsibilities sot forth in this Master Declaration, including, but not limited to, the following: (a) Assessments. The power to determine the amount of and to levy Regular, Spedal and LJmited Assessments on the Owners and/or Lots and to enforce payment thereof in accordance with the provisions of this Master Declaration. (b) faloht of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By-Laws, Master Declaration or ACC Rules/ACC Standards, and to enforce by mandatory Injunction or otherwise, all provisions thereof. (c) Deceaation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to pay to such manager such compensation as shall be reasonable. (d) Uabtltty of Board Members and Officers. Neither any member of the Board nor any offioers of the Assodation shall be personally liable to any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, Its officer, a manager or any other representative or employee of the Association, or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such information as was available, acted in good faith without willful or intentional misconduct. (e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Assocation deems reasonable. Such rules studl govern the use by Owners and Oxupants or any other parson of Common Area and other property owned or controlled by the Association; provided, however, Assodation rules shall not discriminate.. among Owners and shall not be inconsistent with the Articles, By-Laws or tftis Master Declaration. A copy of Association rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and Occupant, Upon such mailings said Association rules shall have the same force and effect as if they were set forth in and were part of this Master Declaration. In the event of any conflict between an Association rule or any provision of the Articles, BY-Laws or this Master Declaration, the conflicting provisions of the Assocaton rules shall be deemed superseded to the extent of any such Inconsistency. (~ Emeraencv Powers. The Association, or any person authorized by the Association, may enter onto any Lot or into any Building or'other structure on a Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which h is responsible. Such entry shall be made with as little inconvenience to the Occupants as practicable and any damage caused thereby shall be repaired by the Association unless said entry was necessitated by a condition caused by the Owner or Occupant. MASTER DECLARATION - 7 (9) Lcenses. Easements and Rlahts-of-Wav. The power to grant and convey to any third party such licenses, easements, rights-of way or fee title in, on, through, under or of the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of oonatructlng, orectlng, operating or maintaining: Q) Underground lines, cables, wires, conduits and other devices for the transmission of any utility or other service. (ii) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes. (iii) Any similar public or quasi-public improvements or facilities. (h) Fiscal Year. The Board shall have the right to elect a fiscal year for the Association instead of a calendar year for budget, Assessment and arx;ounting purposes. SECTION 6.08. Duties of Association. In addition to the powers delegated to it by the Articles, ey-Laws and this Master Declaratlon, without Ilmitlng the generality thereof, the Association or Its authorized agents, if any, shall have the obligation to conduct all business affairs of common Interest to all Owners and to perform each of the following duties: (a) Operation and Maintenance of Common Area. Perform, or provide for the pertormance of, the operatlon, maintenance and management of the Common Area and landscape easement areas, If any, owned or controlled by the Association, including the repair and replacement of property or Improvements thereon damaged or destroyed by casualty loss, the maintenance, repair and replacement of any facilities, if any, installed by the Grantor and/or an irrigation district for the delivery of irrigation water to the Lacs, and the maintenance, management, repair or replacement all other property owned or controlled by the Association. (b) Taxes and Assessments. Pay all real and personal property taxes and assessments levied against the Common Area owned or controlled by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they arc paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. Qt addition, the Association shall pay all other taxes, federal, state or local, Including income or corporate taxes, levied against the Association to the event that the Association is denied the status of a tax exempt corporation. (c) tiU Iltles. Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and other necessary services for the Common Area owned or controlled by the Association. (d) Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: (i) Fire insurance, Including those risks embraced by coverage of the type now known as the broad form 'All Wsk" or special extended coverage endorsement on a blanket agreement amount basis for the full Insurable replacement value of all Improvements, equipment, fixtures and other property located within the Common Area owned or controlled by the Association, including such equipment, fixtures and other property not located in the Common Area, if the same are used or necessary for the use of the Common Area or easement areas under the control of the Association. Qi) Comprehensive public liability insurance insuring the Association, the Board, officers, the Grantor and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area owned by the Assodatlpn or easement areas under the control of the Association. The limits of liability of such coverage shall be as determined by the Board of Directors. (iii) ff elected by the Board, full coverage directors and officers liability insurance in an amount determined by the Board. (iv) Such other Insurance, including workmen's compensation insurance to the extent necessary to comply with all applicable laws and Indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property. (v) Ths Association shall be deemed a trustee of the interests of all Owners in any insurance proceeds paid to it under such policies, and shall have full power to receive their Interests in such proceeds and to deal therewith. (vi) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. (vii) Notwithstanding any other provision herein to the contrary, the Association shall contlnuously maintain in effect such casualty, liability and other insurance and a fidelity bond meeting the insurance and fidelity bond requirements for PUD projects established by Federal National Mor~age Association ('FNMA'), the Government National Mortgage Association ('GNMA') and the Federal Home Loan Mortgage Corporation ("FHLMC"), so long as any of which is a Mortgagee or Owner of a Lot within the Property, except to the extent such coverage Is not available or has been waived in writing by FNMA, GNMA or FHLMC, as applicable. (e) Adminlstratlon Fees - Costs. Pay to the Grantor, so long as the Grantor manages the Association, all actual outof-pocket costs paid or incurred by the Grantor in the management and administration of the affairs of the Association plus an administrative fee equal to six percent (6.096) of the total income received by the Association, which administrative fee shall be compensation to the Grantor for the services provided to the Association. MASTER DECLARATION - 8 m MsMiftcation Slane. Maintain, repair and replace all permanent entry and special identification signs for the Property, whether the same be located within or without the boundaries of the Property. (g) Rule Making. Make, establish, promulgate, amend and repeal Association rules. (h) Architectural Control Committee. Appoint and remove members of the Architectural Control Committee, all subject to the provisbns of this Master Dedaratton. (i) Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master DeGaration and the Association rules. SECTION 6.OSr. Budgets and Flnancial Statements. Flnancial statements for the Association shall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than thirty (30) days after the beginning of each fiscal year. (b) VYithin ninety (t10) days after the cbse of each fiscal year, the Association, or its agent, shall cause th be prepared and delivered to each Owner, a balance sheet as of the last day of the Assooiation's fiscal year and an annual operating statement reflecting the Income and expenditures of the Association for that fiscal year. ARTICLE VII. ASSOCIATION PROPERTIES SECTION 7.01. se. Each Owner of a Lot, his family, licensees, invitees, lessees and contract purchasers who reside on the Lot, shall bs entitled to use the Association properties and the properties of any Sub-Association of which the Owner is a Member, subject to the following: (a) Artlctes. Etc. The provisions of the Articles and By-Laws of the Association and any Sub-Asso~ation applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, regulations and standards promulgated thereunder. Each Owner, in using the Association or Sub-Association properties, shall comply with the same. (b) Suspension of Rlahts. The right of the Association or Sub-Association to suspend the rights to use properties owned by it (except roads and other means of access by an Owner) for any period during which any Assessment against that Owner's Lot remains unpaid; and for any infraction or published rules and regulations of the Association or Sub-Association. (c) Dedfcattons. Ths right of the Association or Sub-Association to dedicate or transfer all or any part of properties owned by it to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Board, so long as said transfer dose not diminish the security of the Mortgagees on any Lot or Common Area in Bedford Place Subdivision. (d) Mortgage or Conveyance of Common Area. Except as provided in subsection (c), above, no portion of the Common Area shall be mortgaged or conveyed by the Association without the prior approval of at least two-thirds (2/3rds) of the Class A Members, which approval may be obtained in writing or by a vote of the Class A Members at a meeting called for such purpose and, with respect to such meeting, the provisions concerning notice and quorum in Section 8.11, below, shall apply. SECTION 7.02. Damages. An Owner shall be' liable for any damages to the Common Area which may bs sustained by reason of the npligenco, reoklesa or intentional misconduct of said Owner or of his family, licensees, invitees, lessees or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall bs joint and several. The cost of correcting such damage shall be as a Limited Assessment against that Owner's Lot and may be collected as provided in Article IX, below. SECTION 7.03. Damage and Destruction. In the case of damage by fire or other casualty to property owned by the Association or any Sub-Association, insurance proceeds to compensate for damage and destruction shall be paid to the Association or the Sub Association, as the case may be, and the recipient thereof shall thereafter determine what repair or reconstruction shall be undertaken. SECTION 7.04. Condemnation. Nat any time any part of a Common Area or other property owned by the Association or any Sub-Association be taken or condemned by any public entity w sold or otherwise disposed of in Ifeu thereof, ail compensation, damages or other proceeds shall be paid to the Association or the Sub-Association, whlchevar entity owns Bald properly. The recipient of said payment shall then use all or a portion of the funds to pay obligations secured by any lien on the property taken and thereafter may determine to use the funds to (i) improve other properties of the Association or Sub Association; (iI) esquire and/or improve additional properties for the Association ar Sub-Association; or (iii) use such prooeeds to reduce future assessments. ARTICLE VIII. ASSESSMENTS SECTION 8.01. covenant to Pav Assessments. Each Owner hereby, and by acceptance of a deed to a Lot, covenants and agrees to pay when due all Regular, Special and Limited Assessments or charges made by the Association or aSub-Association of which the Owner is a Member. All such Assessments, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due and payable. The personal obligation for delinquent Assessments shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Area or by abandonment of his Lot. SECTION 8.02. Regular Assessments. Regular Assessments shall be made by the Association in such amounts and at times and intervals deemed appropriate by the Board. The Regular Assessments shall be based upon advance estimates of cash MASTER DECLARATION - 9 requirements as determined by the Board for the maintenance and operation of the Common Area and all easement areas, if any, owned or oorwoilsd by the Assodation and for the performance by the Associaton of Its other duties and responsibiiiUes. Such estimates may lnduda, but shall not be limited to, expenses of management, taxes and special assessments of local governmental units, premiums for ap Insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). Tho initial annual Regular Assessment shall be the amount of $100.00 per Lot, until changed by the Board. SECTION B.OS. Special Assessments, in addition to Regular Assessments, the Association may levy at any time a Specal Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reconstruction of Improvements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Assocation, the furnishing of a special service or services (other than those appropriate for a Limited Assessment), or for any other expenses incurred or to be incurred as provided in this Master Declaration. (b) To cure a deficit in the common and ordinary expenses of the Association for which Regular Assassmer>ts for a given calendar or fiscal year are or will be inadequate to pay, as determined by the Board. At the closing of the sale of each Lot by the Grantor, a special assessment of $100.00 shall be collected from the purchaser of the Lot as payment for the set-up tests and the maintenance of the Common Area and landscape easements to be maintained by the Association. SECTION 8,04. Umited Assessments. In addition to Regular and Special Assessments, Owners shall pay limited Assessments as, tolk~ws: (a) Maintenance and Repair. The Association shall have the power to Incur expenses for maintenance and repair of sny Lot or any improvements on a Loi, if such maintenance and repair is necessary, in the opinion of the Board, to protect the Common Area or any other portion of the Property, and if the Owner of said Lot'has failed or refused to perform said maintenance or repair within a reasonable Ume after written notice of tite necessity thereof has been delivered by the Board to said Owner. The Board shall kvy a Limited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, and any other cost or expense, including attorneys' fees, arising out of or incident to such maintenance and repair and the Assessment therefor. (b) Correction of Violations. In addition to maintenance and repair. the Board, upon certification from the ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any improvement on a Lot, and incur costs necessary in connection therewith. The cost of such corrective action, together with interest, related expenses and attorneys' fees shall be assessed and collected as set forth in Article VIII and Article tX of this Master Declaration. (c) Umfted Purpose. The Assocation shall have the power to levy a Limited Assessment against Owners and Lots for any Umtted special purpose which the ,.Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the Association. Such Limited Assessment shall not be made until the Owners of said Lots subject thereto have been given an opportunity, after notice, to participate in a hearing with respect to said Umited Assessment. SECTION B.OS. Sub-Association Assessments. Any Sub-Association of Bedford Place Subdivision Es hereby empowered to assess and certify for ~ and collection by the Association, Regular, Special and Limited Assessments on the Lots and Owners thereof who arc Members of the Sub-Association. The certification for levy by aSub-Association and the collection thereof by the Assocaton shall bs as follows: (a) The Sub-Association Board shall, following its ey-Laws, rules and regulations, meet and approve a Regular, Special or Limited Assessment. (b) A written certification signed by the President and Secretary of the Sub-Association that a Regular, Specal or limited Assessment has been approved by the Sub-Association Board shall be submitted to the Board. The certification shall contain the following: (i) a description of the type of Assessment to be levied and collected; (U) the name and address of the Owner and the legal description of each Lot to be assessed; Qii) the amount to be levied and collected from each Owner; and (iv) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be adjusted by the Board to conform the same to the due dates of the Assessments of the Association for the purpose of achieving efficiency and economy in preparing and mailing statements and notices and collection. (c) Upon oomplianoe with the foregoing, the Board shall levy the Assessment so certified in axordance with the terms of the certification in the same manner as levies for Assessments of the Association. Any levy made by the Association on behalf of aSub-Association pursuant to a proper certification shall have the same force and effect as a levy made by the Association. (d) Tha Association, upon receipt of funds paid pursuant to a levy certified by aSub-Association, shall deposit such funds as received in the separate amount of the Sub-Association, as designated by the Sub-Association. SECTION 8.06. Commencement of Regular Assessments. Regular Assessments of the Association against each Lot shall commence the date of the closing of the first sale of a Lot to an Owner. Provided, however, that any Lot owned by the Grantor shall be assessed a Regular Assessment not exceeding ~n percent (10%) of the amount assessed against Lots owned by other Owners. H the Grantor pays all or any portion of the expenses of the Association in excess of the amount assessed to Lots owned by the Grantor, such excess amounts so paid shall constitute either (i) a prepayment of Assessments (Regular and Special) to become due and payable on the Lots owned by the Grantor within the Property, or (ii) a loan by the Grantor to the Association, which loan, without Interest, shall be repaid bjr the Association to tho Grantor from the funds of the Association which are available to make such rspaymertL Nothing herein contained shall obligate the Grantor to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within the Property in which the Grantor owns all of the Lots. MASTER DECLARATION - 10 SECTION 8.07. Uniform Rate of Assessment F~ccept as expressly provided to the contrary in this Master Declaration, Regular and Specia! Assessments of the Association shall be fixed at a uniform rate for all Lots. SECTION 8A8. Assessment Due Date. The due dates for Regular, Special and Limited Assessments shall be the first day of the first month of each calendar quarter, unless some other due date is established by the Board, Each installment of an Assessment shalt be delinquent N not pa(d within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Speclal or tlmked Assessments be paid in a lump sum Instead of Installments. SECTION BAO. 1 test and Penalties. Any Regular, Special or Limited Assessment levied by the Association on Lots, N not paid when due, shall bear Interest at an annual rate as shall be set by the Board from time to time, or if none is so set, at an annual rate of twehre percent (12%). Such interest shall commence on the date the Assessment becomes due and payable. In addition to the Interest charge the Board may, in axordance with rules and regulations promulgated by 1t, Impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. The right of the Board to charge Interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non-payment of an Assessment. SECTION 8.10. Sstoooel Certificate. The Association, upon not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in wrking stating whether or not to the knowledge of the Association, a particular Owner is in defauk under the provisions of this Master Declaration and further stating the dates to which Assessments have been paid by said Owner, it being intended that any such certificate delivered pursuant to this Section may be rolled upon by any prospective purchaser or Mortgagee of said Lox, but reliance on such certif(cate may not extend ~ any default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable fee for the certification herein provided. SECTION 8.11. Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Articles or the By-Laws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment described in Section 8.03, above, or a Limited Assessment described in Section 8.04, above, shall be sent to each Owner whose Lot is subject to the levy of such Special or Limited Assessment not less than ten (10) nor more than fifty (50) days in advance of the meeting. The presence of Owners or of proxies entitled to cast sixty percent (6096) of the total votes of each class of Members of the Assodation subject to the Levy of such Spedal or Limited Assessment shall constitute a quorum. N the required quorum la not prossnt, the meeting may be rescheduled by the Board for a date not later than sixty (60) days after the date of initial meeting and at the rescheduled meeting the presence of Owners or of proxies entitled to cast ten percent (1096) of the total votes of each class of Members shall constitute a quorum. No written notoe of the rescheduled meeting shall be required. Notwithstanding the foregoing, in a case Involving the levying of a Limited Assessment on a Lot, as provided in Section 8.04, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum a! the initial meeting, and the Board may approve and levy such Limited Assessment even though the Owner of the Lot subject thereto is not present in person or by proxy. ARTICLE IX. ENFORCEMENT OF ASSESSMENTS SECTION 9.01. Right to Enforce. The right to collect and enforce payment of the Assessments made by the Association (including the Assessments made and ceNfied by a Sub-Assocation) is vested in the Association. F_ach Owner of a Lot heroby agrees to the enforcement of the payment of all AssessmenMs in the manner herein provided. in the event sn attorney is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master l~claration, the Owner against whom such enforcement is sought shall pay reasonable attorneys' fees In connection therewith. SECTION 9.02 Creation of Assessment Liens. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against any and all Lots within the Property pursuant to this Master Declaration, together with interest thereon and ail costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. Said lien shall be prior and superior to all other liens or claims created subsequent to the recordation of this Master Declaration except only for. (i) valid tax and special assessment liens on lots in favor of any governmental unit assessing authority; (ii) a lien for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded in Ada County, Idaho, including all unpaid obligatory advances to bs made pursuant thereto; and (ill) labor or matsrlalman's IJens, M the same are prior and superior by reason of applicable law. All other lien holders acquiring I(ens on any Lot after recordation of this Master Declaration shall be deemed to consent that such liens shall be inferior liens to the Ilan for Assessmerts levied by the Association, whether or net such consent be specifically set forth in the instruments creating such other liens. SECTION 9.03. Notice of Assessment Nan Owner fails to pay an Assessment within thirty (30) days of its due date, the Association shall prepare a written Notice of Assessment setting forth the type of Assessment, the amount of the Assessment, the due date thereof, including the amount and due date of installments (if the same are permitted), the amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall be signed by the President and Secretary of the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Recorder. At such time as a delinquent Assessment which is described in the Notice is paid, the Association shall prepare and record a Notios of Satisfaction with respect thereto. SECTION 9.04. Enforcement Upon the failuro of an Owner to pay an Assessment in axordance with its forms, the Ilan for Assessment herein created may be enforced by sale by the Assoclation, such sale to be conducted in the manner provided by taw in Idaho for the exerclse of the power of sale in Deeds of Trust or in any other manner permitted by law elected by the Board. In any such forecosure, the Owner shall be required to pay the costs and expenses of such proceedings, including all reasonable attorneys' fees. A!I such oosis and expenses shalt be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the Lot which shall become due during the per(od of foreclosure. The Assoclation shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, corney, lease, rent, encumber, use and otherwise deal with and in said tat as the Owner thereof. SECTION OAS. Notice Required. Notwithstanding anything to the contrary contained in this Master Declaration, no action may be brough! to foreclose the Ilen for any Assessment, whether by power of sale or otherwise, until the expiration of thirty (30) days after written Notice., of Default has bean deposited in the United States mail, certified or registered mall, postage prepaid, return receipt roqusstsd, addrossed to the Owner of the Lot described in such Notice at the last known address of the Owner as shown on the books and records of the Association. Said Notice shall specify the amount and due date of the unpaid Assessment(s) and the legal description of the Lot. SECTION 9.08. Reaortina. The Association shall provide a Mortgagee with a copy of a Notice of Default served on an Owner under Section 9.05, above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Assocation written notice of a Mortgage (or Deed of Trust) which shall contain the following: MASTER DECLARATION - 1 t {a) The name and address of said Mortgagee; ro) A legal description of the Lot subject to the Itsn of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; {d) The date the lien of the Mortgage was filed of record in Ada County, kiaho, and the instrument number thereof; (e) The maturity date of the obligation secured by said Mortgage lien; (f) A copy of a title tnsurence report evidendng thgt the Mortgagee is the holder of a first Mortgage or the beneflc[ary of a first Deed of Trust; (g) The signature of the Mortgagee or authorized agent !n the event the Association shall be required to notify a Mortgagee as herein provided, the Association shall assess the Owner who is delinquent the sum of 625.00 as a reasonable charge for .such notification and such charge shall bs a cost of collection secured by the Assessment Iten described in Section 9.02, above. The charge for such notification shall be subject to change by the Board. SECTION >iA7. Term of Assessment. Unless sooner satisfied and released or the eniorcement thereof initiated as provided in this Article, the Iten for any Assessment levied under this Master Declaration or any applicable Supplemental Declaration shall expire and be of no further force or effect after a period of flue (5) years from the later of (i) the date of said Assessment, or (ii) tho data the last installment thereof is due and payable. Provided that the expiration of the lien as provided herein shall not release an Owner from the personal obligation to pay any Assessment. SECTION 9.Ofi. Non-Exclusive Remedv. The remedies set forth in this Article or elsewhere in this Master Declaration shall not be deemed to bs an exduslve remedy and the Assocation may pursue all other remedies available at law or In equity. ARTICLE X. SU&ASSOCIATIONS SECTION 10.Ot. sation. The Grantor shall have the right to create Sub-Associations as kiaho non-profit corporations. Each such Sub Assocation shall have all power, rights, obligations, responsibilities and duties and be subject to all of the same limitations and restrictions as are spedfled In this Master Declaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out in this Master Declaration and/or the applicable Supplemental Declaration and such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub-Assocations, which changes shall bs set forth in a Supplemental Declaration. SECTION 10.02 Voting. Each Sub-Association shall have the two (2) classes of voting membership and the voting rights shall be as spedtled for the Association in Section 6.05, above. SECTION 10.03. f owars and Duties. Each Sub-Association shall be managed by a Board of Directors and officers in the same manner as speclfled in Section 6.06, above, for the Association and shall have the same powers and duties with respect to its Members and the Common Areas owned, managed or maintained by it, including any easement areas controilod by it, said powers and duties to include the levying of Assessments and certification thereof to the Association for collection, adopting rules and regulations, granting easements, licenses and rightsof-way, payment of expenses, taxes, assessments, utility charges, Insurance premiums and the preparation and distribution of budgets and financial statements as are provided in Article VI, above. SECTION 10.04. Me s. The Members of each Sub-Association shall be the Owners of Lots in the portion or phase of Bedford Place Subdivision described in the Supplemental Declaration relating thereto. Memberships may only be transferred In the same manner as speclfled in Section 6.04, above. ARTICLE XI. ARCHITECTURAL CONTROL COMMITTEE SECTION 11 A1. Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but N spy avert, until Bald Member's suxessor has been appointed. Members of the ACC may be removed at any time, with or without cause. SECTION 11.02 ApooiMment So long as the Grantor owns any Lot or parcel within or adjacent to the Property, the Grantor shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. Tha ACC shall have the right by a resolution in writing unanimously adopted, to designate one (t) of Its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. SECTION 11.03. Compensation. The members of the ACC shall not receive any compensation for services rendered, but shall be reimbursed for actual expenses incurred by them in the performance of their duties hereunder. Nothing herein shall prohibit or restrict the ACC from contracting with a member of the ACC who is professionally qualified as an architect, engineer or designer for the review of the plans and specifications described in Section 11.07, below. SECTION 11.04. Non-Uabitity. Neither the ACC, or any member thereof, or the Grantor or any partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any loss, damage or Injury arising out of or connected with the performance by the ACC of its duties and responsibilities by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the ACC for approval of plans and specifications agrees, by submission of such an application, and every Owner or Occupant of any Lot agrees, by acquiring title thereto or an interest therein, not to bring any action or suit against the Association, the ACC, or any member thereof, or the Grantor or any officer, partner, employee, agent, successor or assign thereof m recover such damages. MASTER DECLARATION - 12 SECTION 11AS. Approval Resulted. No construction, alteration, modification, removal or destruction of any Improvements of any naturo whatsoever, whether real, or personal in nature, shall qs initiated or be permitted to continue or exist within the Property without the prior express written approval of .the ACC. SECTION 11.06. Variances. The ACC may authorize variances from compliance with the requirements of any conditions and restrictions contained in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics, economic circumstances, or environmental considerations or hardship may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the ACC. K a variance is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval shall bs deemed to have occurred with respect to the matter for which the variance was granted. Tha granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereot and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC. pursuant to this Section shall not relieve the Owner from the obligation to Cully comply with the ordinances of the Gty of Meridian, kiaho, applicable to the Property. SECTION 11.07. lication. To request ACC approval for the construction, alteration, modification, removal or demolition of any Improvements within. the. Property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain ail information requested and be axompanied by all other material to be submitted as hereaf~r provided. AN applications must contain, or have submitted therewith, the following material (coitectively called 'plans and speclfications7 prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) ite Plan. A site plan showing the location of the Building(s) and all other structures and knprovemerits including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the Improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall indicate, by sample H required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the kx;aUon, type and size of trees, plants, ground cover, shrubs, harming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other Information as the ACC, in Its sole discretion reasonably exercised, shall deem necessary or convenient for the purpose of assisting the ACC in reviewing and• processing the application. SECTION 11.08. ~mpietlon Security Deposit. At the time of the submission of the application under Section 11.07, above, the Owner shall deposit with the ACC, as a completion security deposit (hereafter "Completion Deposit"), the amount of 51,000.00, or such other amount as shall bs determined by the ACC. The Completion DeposR shall be held by the ACC as security for the timely completion by the Owner of the improvements on the Lot as approved by the ACC, including, but not lim(ted to the landscaping on the Lot, and upon such timely completion shall be returned to the Owner wkhout interest. H the Owner fails to timely complete such improvements, the ACC shall have the right to deduct from such Completion Deposit the amount of any penalties, off"ssts and costs as set forth in this Master Declaration or the ACC Rules/ACC Standards, including any costs which may be paid or Incurred by the Association or a third party to complete such improvements. SECTION 11.09. talon. In reviewing the application and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain the Property as a quality residential development Unless extended by mutual consent of the Owner and the ACC, the ACC shall render its decision with respect to an application within fort~flve (45) days after the receipt of a properly submitted application. The derision of the ACC can be In the Corm of an approval, a conditional approval or denial. The decision of the ACC shall be in writing, signed by a member of the ACC, dated, and a copy thereof matted to the Owner at the address shown on the application. A conditional approval shall set forth with particularity the conditions upon which the application is approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the work to which said plans relate. A denial of an appUcation shall state with particularity the reasons for such denial. SECTION 11.10. Inspection and Complaints. The ACC is empowered to Inspect all work in progress on any Lot at any Ume. Such inspection shall be for the purpose of determining whether the Owner is proceeding in axordance with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC fs empowered to receive from other Owners ("Complainant) complaints in writing involving deviations from approved applicaUona or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC receives such a complaint from a Complainant, it shall first determine the validity of such complaint by inspection or otherwise. Should the ACC determine that theta has been a deviation or a violation, k shall promptly issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand that the Owner conform to either or both of the following directives: (a) Ths Owner shall immediately cease the activity which constitutes a deviation or violation. (b) Tha Owner shall adhere to the corrective measures set forth in the written notice. MASTER DECLARATION - 13 Should the ACC determine there has been no deviation or violation, It shall promptly issue a notice of such determination to the Owner and the Complainant. SECTION 11.11. rin An Owner submitting an application under Section .11.07, above, or served with a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting facts and information to the ACC, Such hearing must be requested by such party within ten (10) days from the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall issue a written opinion t0 the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with rospect to the matters at issue and shall affirm, modify or rescind Its previous deGsion as contained in the original written notice. ff the ACC incurs any costs or expenses in connection with the investigation, processing or hearing on a matter involving a deviation or violation, including the coats of retaining a consultant(s) to advise the ACC and legal fees, such costs shall be paid by the Complainant unless en Owner is found to be in violation, in which event such Owner shall pay all such coals. The payment of such costs shall be enforceable as provided in Section 11.13, below. SECTION 11.12 Aooeal. Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the ACC on an application with respect to the conditions imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11.11, above, provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal with respect to dev(ations or violations unless said Owner or Complainant has participated in the ACC hearing. A notice of appeal shall be In writing and shall be delivered by mail to the Secretary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, it any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant to appeal a decision of the ACC in the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal said decision and it shall be binding and enforceable. The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (t0) days from the data of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, B any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also be served by mail upon each member of the ACC. The Board may require the Owner or Complainant to provide additional information to facilitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the ACC shall bs considered final and not subject to further appeal. At the hearing the Owner, Complainant, if any, and the ACC, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the ACC shalt have the opportunity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the ACC wilt have the opportunity to present final argument consistent with rules adopted by the Board. for such hearing process. Any party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the Board shall cast its official ballot and the dectston shall be duly recorded in the minutes of the meeting. The Owner, the Complainant, (f any, and the ACC members shall be given written notice of the decision which shall be deemed given when deposited in the UnRed States mail, postage prepaid and properly addressed. if the Board incurs any costs or expenses In connection with the investigation, processing or hearing on an appeal, including the costs of retaining a consultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by tho Board constitutes a substantial reversal of the decision of the ACC, in which event such costs shall bs paid by ttw Association. M the party filing the appeal is obligated to pay such costs, payment of the same shall be enforasabls as provided in Section 11.13, below. A derision of the Board of an appeal shall be final and shall not be subject to reconsideration or further appeal. SECTION 11.13. Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and In the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and specifications. Ths ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. The authority of the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay tiling fees, deposition costs, witness fees and all other ordinary and necessary expenses Incurred in commencing and carrying out said legal or equitable proceedings, a!1 of which costs shall be paid by the Assocation. In the event the ACC and/or Association shall prevail in any such legal or equitable proceedings, all costs and expenses Incurred in connection therewith including, but not limited to, ariorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after written demand therefor is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner and the Lot owned by the Owner which Assessment shall be equal to said costs and expenses incurred plus any additional costs and expenses Incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time or in such Installments sa may be determined by the Board, in its sole discretion. The failure of the Owner to pay said assessments, or any installment thereof when due, shall be enforceable, in the manner provided in Article IX, above. SECTION 11.14. Additional Damages. In addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation or the costs and expenses incurred by the Association to correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned by said Owner, or the Complainant and the Lot awned by the Complainant, as the case may be, which Umited Assessment shall be due and payable at such time or in such installments as determined by the Board, in its sole discretion. The right of the Board to enforce said Limited Assessment shall be the same a provided in Article 0(, above. MASTER DECLARATION - 14 SECTION 11.15. Non-Exclusive Remedy. Tho right of the Assocation to levy a Umited Assessment as described in Sections 11.12 and 11.13, above, shall not bs deemed to be an exclusive remedy of the Assodation and it may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the Ilen of said Umited Assessment(s), proceed to collect any amount due direoUy from the Owner and/or pursue any other remedies available at law or in equity. SECTION 11.1& Private Richts. The Association shall not have the right to mediate or litigate private disputes between Ownere where there to a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the Interests of the Assodation or a substan8al number of the Ownere would not be beneTitted thereby. ARTICLE XII. ANNEXATION SECTION 12.01. vexation. Additional property may be annexed to Bedford Place Subdivision and brought within the provisions of this Master Declaration by the' Grantor, at any time, without the approval of any Owner or the Association, rovD ided. that such annexation Is first approved by the U.S. Department of Housing and Urban Development ('HUD's, if such approval by HUD is required as a condition for FHA/Vl4 finandng. To annex additional property to Bedford Place Subdivision, the Grantor shall record en amendment to this Master Declaration which shalt specify the annexation of the additional property to Bedford Place Subdivision and which may supplement this Master Declaration with addition or different covenants and restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Grantor deems not appropriate for the. annexed property, so long as the additional, different, deleted or modified covenants or restrctons are not prohibited by the regulations and requirements of HUD for residential subdivisions of the nature and type as Bedford Place Subdivision. Upon such annexation, the Owners of the Lots within the annexed property shall become members of the AssoclaUon with all rights, privileges and obligations as all other members. The amendment of this Master Declaretlon as authorized by this Section, to annex additional property to Bedford Place Subcllvlsion, shall be controlled by the provisions of this Section and shall be expressly excluded from the requirements of Section 14.02 of this Master Declaration. SECTION 12.02. De-Mnexatlon. The Grantor shall have the right to delete all or a portion of the Property from the gage of this Master Declaration and the Jurisdiction of the Association, so long as the Grantor is the Owner of all of the property to be de-annexed and, provided further, that an appropriate amendment to this Master Declaration is recorded in the office of the Ada County Recorder. ARTICLE XIII. PROTECTION OF MORTGAGEES SECTION 13.01. Purpose. Notwithstanding any and all provisions of this Master Declaration to the contrary, to induce the Federal Home Loan Mortgage Corporation ('FHLMC), the Government National Mortgage Assocation (`GNMA'), the Federal National Mortgage Aasoclatbn ("FNMA'), the Federal Housing Administration ("FHA') and the Veterans Administration ("VA's to participate in the flnanclng of the purchase of Lots within the Property,. the provisions of this Article are added thereto. To the extent the following Sections of this Article conflict with any other provisions of` this Master Declaration or the provisions of any Supplemental Declaration, thJs Article shall control. SECTION 13.02. Restrictions on Amendments. No amendment of this Master Declaration shall operate to defeat or render invalid the rights of a Mortgagee or beneficiary under any first Mortgage or first Deed of Trust upon a Lot made in good faith and for value and recorded prior to the recordation of such amendment, provided that after foreclosure of any such Mortgage or Deed of Trust such Lot shall remain subject to this Master Declaration, as amended. SECTION 13.03. Mortgagee Defined. For the purposes of this Article only, a "Mortgagee' shall refer only to FHLMC, GNMA, FNMA, FHA and VA, as described in Section 13.01, above. SECTION .13.00. Right to Notice. Each Mortgagee, upon filing a written request for notification with the Board in axordance with Section 9.0B, above, shall be given written notice by the Association of any default by the Owner of the Lot encumbered by the Mortgage held by said Mortgagee in the performance of such Owner's obligations under this Master Declaration and under any Supplemental Declaration applicable to the Lot, the Articles or the By-Laws of 'the Assocation (hereafter collectively referred th as 'Pro)sct Documents'), which default is not cured within thirty (30) days after the Association has notice of such defauR. SECTION 13.05. Exemption From Prior Assessments. Each Mortgagee which comes into possession of a Lot by virtue Of foreclosure or otherwise shall take ti21e to such Lot free from any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such Mortgagee comes into possession, except for claims for a share of such assessments or charges resulting from a reallocation thereof to all Lots, including the mortgaged Lot. SECTION 13.06. Chances Recuirinc Unanimous Approval. Without the prior unanimous approval of all Mortgagees of Lots within the Property, neither the Association nor the Ownere shall: (a) BY act or omission seek to abandon, partWon, subdivide, encumber, sell or transfer the Common Area which is owned, directly or Indirectly, by the Assocation, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the Intended use of the Common Area by the Association shat! not be deemed a transfer within the meaning of this Section. (b) Change the ratio of Assessments or method of determining the obligations, Assessments, dues or other chafgea which may be levied against any Owner or the method of allocating distributions of hazard insurance. proceeds or condemnation awards. SECTION 13.07. Restrictions on Other Chances. Without the prior written approval of at least seventy-flue percent (7596) of the Mortgagees holding Mortgages on Lots within the Property, neither the Association nor the Owners shall: (a) By act or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design of the exterior appearance of knprovemeirts on Lots within the Property, the exterior maintenance of said Improvements, or-the maintenance and upkeep of landscaping within the Property. (b) Fail to maintain fire and extended coverage insurance on insurable Improvements within the Common Area on a current roplacement cost basis in an amount not less than one hundred percent (10096) of the insurable value (based on currant replacement cost); (c) Use hazard Insurance proceeds for losses oxurring within the Common Area for any purpose other than the repair, replacement or reconstruction thereof. MASTER DECLARATION - 15 (d) Abandon or terminate the covenants, conditions, restrictions and easements of this Master Declaration or any Supplemental Dedaration. (e) Make any material amendment to this Master Declaration- or any Supplemental Declaration or to the Articles or By-laws of the Association or any Sub-Association. .SECTION 13.08. Rlaht to Inspect Books. Etc Mortgagees, upon written request, shall have the right to (i) examine the books and records of the Association during normal business hours; (II) require from the AssoclaUon the submission of sudlted annual ftnanclng reports and other financial data; (iii) receive written notice of all meetings of Owners; and (iv) designate in writing a representative to attend all such meetings. SECTION 13.OSi. Notification of Damage. Upon the Board receiving notice of any damage to the Common Area or any Lot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars (510,000.00) or notice of any condemnation or eminent domain proceedings or other similar involuntary acquisition of any portion of the Property, the Board shall give to each Mortgages which has filed with the Board a written request for notice, prompt written notice of said damage or condemnation. SECTION 13.10. RIaM to Pav Charces. Mortgagees may pay taxes or other charges which are in default and which may or have become a charge against any Common Aroa and may pay any overdue premiums on hazard insurance policies covering said Common Area and said Mortgagees making such payments shall be entitled to immediate reimbursement therefor from the Assodation. SECTION 13.11. Fidelity Bond Recuired. The Board shall secure and caused to be maintained in force at all times a fidelity bond for any person or entity handling funds of the Association. SECTION 13.12 Lessee's Obilaatlons. Any agreement for the leasing or rental of a Lot, including amonth-to-month rental agreement, shall provide that the terms of such agreement shall be subject to the provisions of the Project Documents. All such agreements shall be in writing and shall provide that any failure by the lessee to comply with the terms of the Project Documents shall be a default under the leasing or rental agreement. SECTION 13.13. Uability for Taxes. A[I taxes levied and assessed on the Common Area must be assessable against those Common Area only and the Association and/or any Sub-Association shall be solely responsible for the payment thereof. SECTION 13.14. Waiver of Uabllity and Subrocation. Any provision in this Master Declaration which requires Owners Zo indemnity the Association, a Sub-Assoclat(on, the Board or the Sub-Association Board, or other Owners against acts of the indemnitor is subject to the exception that if the liability, damage or injury is covered by any type of insurance and proceeds are actually paid to the Insured by reason thereof, the indemnitor is relieved of liability to the extent of insurance proceeds so paid. SECTION 13.15. FNMA and GNMA Insurance Recuirements. Notwithstanding any other provisions contained in this Master Declaration, the AssodaUon or aSub-Association shall continuously maintain in affect such casualty, flood and liability insurance and a fidelity bond mooting the Insurance and fidelity bond requirements for planned unit development projects established by FNMA and GNMA, so long as either is a Mortgagee or Owner of a Lot within the Property, except to the extent such coverage is not available or has been waived in writing by FNMA or GNfuIA. SECTION 13.16. Additional Contracts. M addition to the foregoing provisions of this Article, the Board may enter into such contracts and agreements on behalf of the Association as are required in order to satisfy the guidelines of FHLMC, FNMA, GNMA,FHA, VA or any similar entity, so as to allow for the, purchase, guaranty or insurance, as the case may be, by such entity of mortgages encumbering Lots within Improvements thereon. Each Owner hereby agrees that it will benefit the Association and each Owner, as a class of potential mortgage borrowers and potential sellers of theirs Lots, if such agencies approve the Property as a qualifying subdivision under applicable policies, rules and regulations as adopted from time-to-time. SECTION 13.17. Consent to Release of information by Mortaacee. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. SECTION 13.18. Restricted Application. K is expressly provided that the terms, conditions and provisions of this Article shall not be operative or in force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or insures a Mortgage on a Lot within the Property and then only to the extent the same are required by said purchaser, guarantor or Insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Property as a qualifying subdivision, the inclusion of one or more of the provisions of this Article, said non-required provisions shall be of no further force or effect. ARTICLE XIV. MISCELLANEOUS SECTION 14.01. Term. This Master Declaration and all covenants, conditions, restrictions and easements contained herein shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, said t~venants, conditions, restrictions and easements shall bs automatically extended for suxessive period of ten (10) years each, unless extinguished by a written instrument executed by the Owners of at least three-fourth (3/4) of the Lots covered by this Master Declaration and such written instrument is recorded with the Ada County Recorder. SECTION 14.02. Amendment. This Master Declaration may be amended as follows: (aj By Grantor. UnUI title to a Lot within the Property is conveyed by the Grantor to an Owner, this Master Declaration may be amended or terminated by the Grantor by recordation of a written instrument signed by the Grantor and acknowledged setting forth such ..amendment or termination. (b) By Owners. 6ccept where a greater percentage is required by an express provision in this Master Declaration, the provisions of this Master Dedaretion, other than this Section, may be amended by an Instrument in writing, signed and acknowledged by the President and Secretary of the Association, oertitying that such amendment has been approved by a vote or written consent of Owners, including the Grantor, owning at least two-thirds (2/3rds) of the Lots covered by this Master Declaration, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Section 14.02 shall require the vote or written consent of the Owners, including the Grantor, of two- thirds (2/3rds) of the Lots covered by this Master Declaration. MASTER DECLARATION - tt3 (c) Annexation Not Amendment. As provided in Section 12.01, above, the amendment of this Master Dsdaratlon by the Grantor to annex additional property to Bedford Place Subdivision shall not constltute and amendment of this Master Declaration requiring the approval. of the Owners. SECTION 14.03. Sewer Covenants. The following covenants shall run with each Lot and any Common Area affected thereby and shall be binding upon each Owner of a Lot and ail occupants of any Improvements constructed on a Lot: (a) No Lot may be used or oxupied" for any allowecJ use unless the same is connected to the public sewerago collection system constructed and installed within. the Property. (b) AU sewer hook-trp fees charged by the munidpality .having jurisdiction and control over the Lot shall be paid by the Owner at the time of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and in such amount as shall be required bx thew ordinances and regulations of the municipal entity having jurisdictlon thereof Y i (c) A. monthly sewerage charge shall be paid to the municipal entity having jurisdiction thereof, or its designee, after connection to the public sewerage collect(on system in accordance with the ordinances and regulations of said municipal entity. (d) All sewer service lines connected to the sewerage collection system constructed and installed by the Grantor in the Property shall be constructed in accordance with all applicable codes and regulations and shall be inspected as required by the govemmentai entity having jurisdiction thereof to assure a minimum .o! Inflitration from said service line Into the sewerage collection system. (e) The Grantor shall provide axess, satisfactory to the governmental entity having jurisdiction thereof, for sewer cleaning equipment to ail sanitary sewer manholes located outside of public right-of-way. (>7 The Grantor and each Owner of a Lot hereby authorizes the governmental entity having jurisdiction thereof, or its designee, to bring any action it deems necessary or required for the collection of any fees or charges due said entity for sewer service connected or monthly sewer charges and/or to o~erwiss enforce any of the obligations respecting the connection to the public sewerage collection system or use thereof as provided in this Section. (g) Unless the Property has been• previously annexed Into Ute corporate limits of the City of Meridian, Idaho, the recordation of a Plat for Bedford Place Subdivision by the Grantor shall be deemed and construed ss a request by the Grantor for the annexation of the property covered by said Plat into the corporate limits of the Ctty of Meridian, Idaho. Such request shall ~ be binding on all subsequent Owners of the Lots within the Property covered by said recorded Plat. SECTION 14.04. Books and Records. All books, records and minutes of the Board and all other books and records maintained by the Assodaflon shall be made available for inspection and copying by any Owner or by his duly authorized representative, at any reasonable tlrrie and for a purpose reasonabty.related to his interest as a member in the Assocation, or at such other place and time as the Board shall prescribe. SECTION 14.05. Non-Waiver. The failure of the Grantor, the Board or any Owner in any one or more instances to insist upon the strict performance of any of the covenants, conditions, restrictions, easements or other provisions of this Master Declaration or to exerdae any right or option contained herein, or to `serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect. SECTION 14.06. Acceptance. Each Owner of a •Lot, each purchaser of a Lot under a contract or agreement of sale and sash holder of an option to purchase a Lot, by axeptlng a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants, conditions, restrictions, easements, and other provisions set forth in this Master Declaration and agrees to be bound by the same. SECTION 14.07. Indemnfflcatton of Board Members. Each member of the Board and each member of the ACC shall be indemnified by the Owners against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be a pally or in which said member may become involved, by reason of being or having been a member of the Board or .the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expenses or ..liabilities are incurred, except, in such cases wherein said person is adjudged guilty of wNlful misfeasance br malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best interest of tho Association or Owners. This Section shall extend to and apply also for the Indemnification of the Grantor during the initial period of operation of the Association or prior thereto during the period the Grantor is exercising the powers of the Association. SECTION 14.06. Notices. Any notice permitted or required to be delivered as provided in this Master Declaration shall be in writing and shall be delivered either personally or by mail. N delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, properly addressed. SECTION 14.08. interpretation: The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth in Article N, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used to this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. SECTION 14.10. Severabi8ty. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shall be deemed independent and severable and the invalidity or unenforceabllity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. MASTER DECLARATION - 17 IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written. BRIGHTON CORPORATION BY DAVID W. TURNBULL, President STATE OF IDAHO ss: County of Ada On this day of 1995, betore me, the undersigned, a Notary Public in and for said State, personally appeared DAVID W. TURNBULL, known or identified to me to be the PRESIDENT of BRIGHTON CORPORATION, an kiaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing Instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for kiaho Residing at My Commission Expires: (SEAL) kiaho MASTER DECLARATION - 18 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor December 10,1995 Mr. David W. Turnbull Brighton Corporation 12301 W. Explorer Drive, Suite 200 Boise, ID 83713 378-4000 377-8962 fax COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMI ION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Re: Cash Bond Refund for Tiling of South Slough Stub in Bedford Subdivision Dear Mr. Turnbull Enclosed is a check for $27,830.00 being returned to you as per the decision of the City Council of November 21, 1995. This money was given to us the assurance of the tiling of this ditch. Since the City Council decided not to require this improvement, I am returning this money to you. Sincerely William G. Berg, Jr. City Clerk ~ d N O z ti y: ~ sv~ ~° goo- sr. :J 0 ~ 1 . ~ 3 Z Q Q ~ t G L, Z _Q ~ `.~ ~- r, :, Y =; h LL ~ L11 .eo. -- _ ~i O ~ v :i U _ i ice: e; ... ~.: li y :~ r- LJ t L J i 4° c~: ,v: v S :~. i w t .:1 :~ i its J... i- ~' r v N N ^ .~1' ~ u/Z ~ O ~ Z O ¢ .~ N ~ZO x wa- ~Wa ~~- z - ~~~ wNw ~ ~ LL e.1 W Q } W W J Q H~ W U¢ m~ ~ ~ = W Q H Z Q ~ v 0 ~ ~~~ a~ ~ ~ J W ~ ~ O N L U a Q ~Q~o ov o s- m Q ,•w~ ~m M V p Q Z 0 Q W J O} ¢_ ¢a ¢~ w 2 z ~r L !~7 c L a ~- ~ t :~~ ~J L'. l !"' 1 .~ i,J T H ~ h~-i J i,. U +j+ } H r^., U i T J..! '~ i~ J °"' L _: i^. ::~ 3 •L: v~ ~- v': f_^: r_~ y ~; " ~ .~! •~ I~• w :1.. ~x 3 ::: ~-: •.. ~. ~ YK W LL HO OO a0 W Q W W H 0 C~ 1 Lfl ~• ~~ L1l .-a a l 1'U .-i ~~ a to l O ru • CITY OF MERIDIAN Description Checked By Sheet Date Project Designed By Date Location Checked By Description Date Sheet of Project Designed By Date o~ D = m ~O D~ 0= ~O m z° v= z T Yi ~ Y!t ~ -=~ /~~ T 4i 3~? vi r ~ ~ j ~ ~ ~jj O G •~ L W L( '~ 1 W n~ ~ ;- -C m O r X :? r- - r t ! t a i ~~O ° U'7 , r `' C a ~ ~ D ~~i i `:~ ~ m~ ~ a . • : ~ i-F ~ .~ ~o~ {~( 0 au m • • • r iii v i~i ~ (a1 v fL ~! .L ~ ~ W N~~ r ° ~ Ti A A v ~-' ~ T W . O L ~' Z ~-! r L w -,. :. -i ~ ~ ~ m 2 O T D ~~ O r '~ 70 C7 ~ v .r, -: 31 C7 m ~ { -.] D n ~ ~' G < D O ~~+ O ~ j 31 ~ ~ -! ~ }.s re. ~ r /: --? i v \ >i ist ~ ~ m ~~_ D • (~: ~ ~ -~ myrn ~~~ p~N ` D m R° ~.e ~ ?m~ ~ ~ m x ~ ~ ~ x x No t~ xc z ~ O N r~ i u ~ ~ .s Z ~ iti V~3 ~ M ii.i i m N N K ° I ? U1 ~ ~ ~ T +~ i .'? _ ~. i i? i' :, L s ~ : ~ -: _ - --; _ ' O " -; f !° ~. ~ ~~ m t j ~ ~t i l1 V i v ~'./ v ' i :: .. t• .t .y w T ~'1 ..i ~~ ' f ~ Z ~ _ ~ ;_ i n„ s ! v .,=. s ~ m : ~ ~~ ~ ~ ~ ~ li ~; Li D i i r :; i ~ ~ ~ - - ~ D ! v i i ? _ i Ei '~ v 0 's «'~ ~ C i is i ? ~ ~ V n ~ ~. i j ii v i 1 ` i i =e ~ f ~ - i i ~; .s o +~- J ~ •• i ij :_ rt +..~-~ v C i i ~ ~ - M' ! _ r T :i t ~ :t J T. f ; ii i ' r V i i 1T, S i ..~ :. ii i i _; ii ii i i ii ii !~ \`: ii a .a i O ~j t .V, ~ ;: N R a s ;: ~.~.~ O ~ • • :~• ~ .. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 5, 1995 Mr. David Turnbull Brighton Corporation 12301 W. Explorer Dr. Boise, Idaho 83 713 HUB OF Ti2EASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 858-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 - Suite 200 GRANT P. KINGSFORD Mayor RE: BEDFORD PLACE SUBDIVISION South Slough Stub Ditch Dear David: COUNCIL ~~FtigERc RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z GOh~MICSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER RE~E~~E~ oc r - s ~sss CITY U~ Is~~~l~t a~ I have discussed the release of building permits for the lots in this subdivision that are adjacent to this drain ditch with our City Attorney and he advises me we can release permits subject to our receipt of the following: 1 • Written permission from Nampa & Meridian Irrigation District to install the pipe in this ditch, if required, from their existing maintenance road located adjacent to the west side of the ditch, and 2. Post a financial guarantee with the City of Meridian for installation of the pipe, if required, and 3. Submit the variance request application to City of Meridian Planning and Zoning Administrator. Sincerely, Gary D. Smith, PE City Engineer cc: File City Clerk Nub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 C~iictnmcr'c Order No Date 1 ~ ~ ~ ~ ~ 19 ~~~ Name ~,-v~ ~,~,~~ ~` Address \ Phone: SOLD BY ~ CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. ~ ~ PAID OUT ~~ 1 ~j j C /~ 2 l / " CJ O LJ O ~ ~ ~ 7 ~ ., C~ G.9 I +/ u ~ ~ I ~ ~ ~ ~ I I I I ~ I I I I ~ ~35o~S0(~Z I I All claims and returned goods MUST a acco an' d b bill. 0 0 4 7 41 TAX i Byceived TOTAL i `~ ~~ Ob -- -__ _ PRINTED IN O.S. A\ / ~J ~(r ,,, ~^--ate..-a~~' - __ _ - '-YV'I IIt ~~.'; ,.,.'. -. .: .. _. ,:~':' .' '.. :~:'' ': ::. "F:- ... ~. .: ;7U-86/220 fltfice'i~o Date' _ ;, .. , Pay totneorderot*'~*CITY OF MERIDIAN*** g ***27,830.00*** =first Se~tlrity Bank of Idaho, N.A. ~:0 2 2000868~:68~~' ~ 30 2 36 8 3 50 3 506 2 • ~ `~' ~ IN~~~~l~il b ®ff ~°~®~su~e 0!'a19~y 33 E. !dal~aa ~isl~~n, E~a~ta 83~4~ 8t3~-4~3~ ~a,~r~~a„ Meridian City Council November 21, 1995 Page 6 Crookston: Mr. Mayor, I had a request from Mr. Goldsmith to table those items 4 and 5. I just had delivered to me at 4:48 this afternoon some changes. I have not even looked at those. Mr. Goldsmith also requested that be tabled excuse me both items 4 and 5. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table items 4 and 5 Salmon Rapids issue, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING CONTINUED FROM THE NOVEMBER 8, 1995 MEETING: REQUEST FOR A VARIANCE FROM THE REQUIREMENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: At this time I will re-open that public hearing and invite anyone from the public that would wish to make comment on that. Mr. Turnbull, you did get a chance to speak before didn't you, you didn't? My apologies we always invite the owners or their designee to speak first. Dave Turnbull, 12301 W. Explorer Drive, Boise, was sworn by the City Attorney. Turnbull: Brighton Corporation here is on a variance application which actually we don't believe is necessary but it has been mandated by the City Staff. Brighton does not believe that a variance is required because because of the following reasons. Number 1 the drain in question the South Slough Stub does not fall on Brighton's property nor it is the border of Brighton property. The centerline of this ditch excuse me drain is some 20 feet from the western boundary of Brighton's Bedford Place project. The edge of the water is some 17 feet from the western boundary. Nampa Meridian Irrigation District does claim an easement running to the edge of the Brighton property. There is some, I guess there could be some discussion about where that easement actually runs because the legal description calls out an area 20 feet east of Centerline of the ditch and 30 feet west of centerline of the ditch. Now, that was done, I don't know when that drain was put in, it was many years ago and if that centerline should happen to move because of caving in on one side or the other I don't know that they can legally take additional ground just because the centerline of the ditch moves. But in any case neither Brighton Corporation nor any of the previous owners of the land in question every granted an easement to Nampa Meridian Irrigation District. It is pretty clear from the layout of the property that the irrigation district came in on the property to the west and with that owners consent installed the drain. Like Meridian City Council November 21, 1995 Page 7 said, in fact I had just point of clarification I will hand out a little bit of a graphic that can help you visualize what the situation is here. Kingsford: I have to tell you Dave, I looked at this and it confuses me. When I looked at the ditch I thought I knew what we were talking about. Turnbull: My drawing is not so good, is that what you are saying? Well, basically this shows the fence that we have installed on the western boundary of our property and it shows the easement 20 feet to centerline running east and then 30 feet from centerline running to the west. The maintenance access road for that drain is on the west side of the property. Also, regardless of whether the easement or where the easement exists, the easement is not the physical drain and those are not one in the same. Where as the claimed easement comprises a total of 50 feet the drain is obviously contained within a small portion of that easement. The second reason we don't believe that a variance is even necessary is this is a drain, it is not a ditch, lateral or canal as addressed in the ordinance. It serves the exclusive function of draining natural ground water from the surrounding areas. Such drains have been exempted from tiling ordinances in the past perhaps has natural waterways. But for whatever reason they have been exempted. The drain on the southern boundary of the neighboring Fothergill Subdivision is not piped although it carries significantly more water than the South Slough Stub that crosses Meridian Road in a 36 inch pipe which is less than the threshold of greater than 48 inches which has been adopted by Meridian City as a policy. Finally, if a variance were required we don't believe that tiling this drain, we believe that tiling this drain poses the threat of raising the ground water level in the area. There is at least one neighbor in the vicinity with the basement who would be impacted by a rising table. We do not believe it is sound public policy to jeopardize the surrounding property owners with the potential of raising the ground water. I understand that this is the same issue as raised on the Waterbury Subdivision with the South Slough. There I believe one of the adjacent farmers understanding the purpose of the drain threatened that if some sort of action with that drain were tiled and the water level came as a result. Finally, Brighton Corporation in the preliminary plat process to fence this boundary and we have done so. I believe that should satisfy any safety concerns, I know that Shari in her comments brings up safety as an issue. If safety were a sole criteria or even a primary criteria I think it is hard to justify that when the drain such as the Fothergill Subdivision was left open. I understand that has been landscaped but still by inviting people along that drain including little toddlers those are really the ones that you are trying to protect and if a little toddler went into that one I don't think they are going to come out any easier than any other drain. So, we think that what we have done by fencing off that area provides the safety that is needed and required obviously older kids are going to find water wherever it exists. Any kid that is big enough to vault a 6 foot fence is going to find water wherever he can. The South Slough Stub doesn't pose a danger to people of that ability. I would like to address any questions Meridian City Council November 21, 1995 Page 8 that the Council has. Kingsford: I would agree with you on most issues there Dave. I guess one of my major concerns is the long term maintenance of that ditch. How do you keep the weeds, they are virtually on your fence now. My concern is with fire hazard and so forth and transporting of weed seed and that sort of thing. Is there a vehicle through your covenants that might deal with keeping that ditch cleaned up a bit? Turnbull: I would be willing on that 3 or 4 foot strip there up against the fence to have a maintenance company as part of the common area maintenance agreement to go in and keep those weeds down if that eases your concern on that matter. I think that is a valid point. Kingsford: Any other questions of Mr. Turnbull? Morrow: I have a question with respect to that, maintenance, now who owns this ditch? Kingsford: Well, I would assume that the ditch is owned by Nampa Meridian, excuse me, they have an easement for it. It is their drain, am I right there Gary, it is their easement, so it has to be their ditch? It is not deeded so it actually belongs to the people on the west in terms of title. Morrow: Would it not be their responsibility to keep the weeds clean? Kingsford: Nampa Meridian's or the owner. Morrow: Well, in our ditch ordinance, which I recognize that the people to the west are not within the City of Meridian, in our ditch ordinance it is a requirement of the property owner to keep the ditch clean to and through the property. This ditch clearly falls on their property the entire length. But if Nampa Meridian has a maintenance easement to maintain the ditch they not also have an obligation to keep the weeds and the fire hazard down in conjunction with the fence. Kingsford: I would think that they probably would, but the reality is that I doubt that ditch has been cleaned for the last 10 years. Morrow: That is why I am asking, I understand that from a practical standpoint, it hasn't been cleaned in probably 10 years and it is not kept clean on an annual basis, but if Nampa Meridian is the one that is responsible to serve that function it would be in the City's best interest to see that they start doing those things. The same is true of the railroad right of way. You have a 200 foot right of way that goes down through the City of Meridian City Council November 21, 1995 Page 9 town and it nothing but a fire hazard year after year. Someday somebody is ultimately going to set the thing on fire and we have a one mile section of ground that burns because it is not kept in control in terms of the weeds. It looks to me like we need to be pressing forward with those issues even though they are public entities or semi or in the case of the rail road the private sector they need to be responsible citizens to the City of Meridian like our average citizens are. So, I can be sensitive to Mr. Turnbull having his maintenance company perform some maintenance and maybe that is ultimately what happens in the short term. It looks to me like we ought to start leaning on Nampa Meridian to accomplish that since it is their easement and apparently their ditch. Turnbull: Excuse me Mr. Mayor, Councilman Morrow, Nampa Meridian has acknowledged the need to come in there and do some maintenance work. They want to do that, this is a conversation they had with one of my fieldmen but, over where we are installing our pressurized imgation facility there is a crossing of the Onweileer Lateral and it is time that crossing is re-done. They want to come in and do some maintenance, but I think the reality of it is that they are not real meticulous on some of those issues. So if it solved the fire hazard problem I would be willing to go in a couple times a year and chop down weeds and keep them down. Morrow: What about soil sterilents for that 4 feet next to that fence? Turnbull: That could well be the right solution Kingsford: Well, regardless of which avenue you take I think it is probably prudent for the safety of your subdivision that it might be best done in that maintenance agreement. Turnbull: I agree, and I did speak previously with my field man about sterilents and that is one way of solving the problem long term. If that is not acceptable to the irrigation district we can go in and chop the weeds down if that is what it took. It is not that big of a deal. Corrie: Mr. Mayor, I have some questions of Dave, it looks like your 6 foot fence is right on your property line is that correct. The easement that you say they have, what happens if they come and clean this ditch out and they dig that out next to your fence and everything else starts falling into the ditch? If you are right up to that there is not a whole lot of land there. Is there a foot? Turnbull: No, there is 3 or 4 feet. Corrie: And then, if they do clean that out and they dig out of there and those fences aren't falling down then what are you going to do?