Loading...
HomeMy WebLinkAboutBethaven / Stucker AZ Project File0 ,a ■ ! � Pt P� a ♦ ♦ t tv" tlr O ` ♦� tq •�ty� baa ♦ - a Q '� P • t� w 6 Sn tl .0 $6 Jai ..S �'� .g S r• � z=� e•e �'" � a ��Y .V .F� Eiji E9 p! MERIDIAN CITY COUNCIL NOV. 19, 1991 PAGE Giesler: Do you have a price range for these square footages? Hunemi l l er: $75,000 to $90,000. The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Sunburst Subdivision #1. Yerrington withdrew his second of the motion. The Motion was made by Tolsma and seconded by Yerrington to approve of Sunburst Subdivision #1 conditioned upon approval of the covenants. 2 - Yea: - 2 Nea: Kingsford: Tie vote - Mayor votes Yea, this passes. Motion Carried: Kingsford: We need to get all of the jurisdictions involved that represent this school district and come up with some sort of a financing vehicle for future schools or building will be shut down. Myers: The reason I was opposed to this was not because of the 1200 sq. footage but because of the schools. I agree with the Mayor there has got to be something done to help the schools. Hunemiller: I agree. Kingsford: I think the reality is going to be that again we will have a bond issue fail, we will run a batch of students through there that have an inferior education. Lot fees were discussed. ITEM #3: LEE STUCKER: Stucker: We are doing some replanning on the subdivision out on Cherry Lane which was proposed Bethhaven. We are considering putting some of the larger barn building out there, putting it into a storage area if possible. We are not wanting to put in a large commercial storage or anything like that it's just a matter of utilizing the building that is there and incorporating a small area around that area for R.V. storage and this type of thing. It basically would be used by the local people, I don't want to say that it would be restricted to just the people there but that is what we are gearing for. Oee R. Stucker 2695 W. Cherry Lane ?Meridian, Id. 83642 'Ph. 888-3553 Neridian City Council Meridian, Id. 83642 Gentlemen: I would appreciate an informal meeting with the Council to discuss the possibility of developing the cement block barn into storage units, also have an open area for outside storage for RV*s and etc. The barn size is 38 x 104. I would anticipate an enclosed area with chainlink or wood fence. My main thought is to be avaliable more for the local area rather than a large commercial facility. However my intent for it to be private enterprise business. Enclosed is a rough sketch of what we are thinl�ing about in conjunction with proposed development around the site. Will try to; have a better area plan at time of meeting. Thank ,you. Lee R. Stucker Harold Cox, city clerk Planning and zoning commission City Council Members Gentlemen: k ey C, We, F. Mark Burnham and Lee R. Stucker, owners of property on Cherry Lane, request annexation to the City of Meridian. Attached legal descriptin and drawings prepared by Mr, Rick Orton of Tudor Engineering Co. Boise , Idaho. We,also,request zone change from R-4 and D-1 to "A" Residential. Yours Truly, Lee R. Stucker Le F. Mark Burnham A tract of land in Section 11, T.3 N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T.3 N., R.1 W., B.M., Ada County, Idaho, from which the northwest corner of said Section 11 bears N.89°03'40"W., 2653.48 feet, thence S.0°10'W. along the mid- section line of said Section 11, 25.00 feet to a steel pin on the southerly right-of-way line of Cherry Lane the real point of beginning; thence S.0010'W. along said mid-section line, 608.28 feet to a steel pin; thence S.31039'E. along the westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N.890201W. along the south boundary line of the N'h NE4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N.890201W. along the south boundary line of the NZ NWQ of said Section 11, 1923.37 feet to a steel pin; thence North, 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S.88055133"E. along said right-of-way line, 1089.07 feet to a point; thence along said right-of-way line on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10'53" and whose long chord bears S.89°31'E., 236.79 feet to a point; thence N.89053134"E. along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres more or less, subject to easements of record or in use. SEP 11_ i�78 Members of the meridian City Council a.nd Meridian Planning and Zoning Commission I want to take this oppertunity to resi)ond to some of the comments regarding Bethaven Sundivision,, IoBy copy of this letter I am requesting that the City Council and P & Z allow a varaince for the 50° right of way streets shown on the preliminary plat with a 5° utility easement on each side of the right of way,, I understand that such configurations meet with the Ada County Highway District,, 2.We will abide by the 5° sidewalk ordiance of the city 3, We have met with the Fire Marshall and will work with the Fire Dept and Ada County for street names that will be satisfactory with agencies concerned,, 41•Te intend to use city water for lawn and irrigation. Drainage will be submitted to proper author ies,, 5,, We will be willing to run another street to the west if needed but are some further circumstances that needs to be considered with the adjoinin^- property. The development of this portion will be in the latter phases of the project,, Sincerely, Lha, COHF'ORA N Lee R,, Stucker, Pres,, a' • ",This is a suggested draft of the most important factors to be in Bethaven Re!zArictive covenants 1. Type of Buildings Shall be of Frame, Stone, Brick, Concrete, Concrete Block or such other material approved by city of"Meridian. 2. Min Building Sizes 20% of homes may kxx be single level with Min. size of 1060 Sq. ft with 2 car attached garage. The remainining 75% may be as follows: Single family not less than 1350 Sq,, ft,,, dust have 2 car garage. Two Story min. of 900 Sq. Ft,, on each level with 2 car attached garage. Tri -level must total of 1040 on the two upper levels with 2. car garage. All of the above min. Sq. Ft. is exclusive of garage. All of the above refers to single family dwellings only Duplexes: Must have Min. of 960 Sq. ft. per unit with single garage. Location of Buildings Not nearer than t*x2t. 20 ft from front lot line. Not nearer than 15 ft, from side street or rear lot line. Not nearer than 5 ft,, from side lot line on one side and not nearer than 12 ft. on the other side lot line. This is for the purpose of access to the back yard. Storage of B.V.°s R.U., Boats and etc. must be not nearer than the set back of house. April Vv� 2695 Wont Oburr7 Late Nerldinn, Ids,* 11542 4gAr or. Meeker-, Me review of cam Kthaven subd1vialon ills revealMonat thl'', star. wirivan drainarc jealga plans wara wevar acceptafic te, the D16trict. irrila'tion system design 77ua v"rw not sub-, MCCOO Slucria. rely, Tichard W. Min= hyrijana Irrination District q `r aw Lich alrvecol M: coo and Ada county nl�vvay McrIct Ids County Plaunlaq File limp' R • Harold Cox. city clerk Planning and zoning commission City Council Members Gentlemen: • We, F. Mark Burnham and Lee R. Stucker, owners of property on Cherry Lane, request annexation to the City d fb Meridian. Attached legal descriptin and drawings rawing Boise P Idahoy Rick Orton of Tudor Engineering We,also,request zone change from R-4 and D-1 to "A" Residential. Yours Truly, Lee R. Stucker F. Mark Burnham T.3 N. R.1 W.,. B.M., Ada it/ Pa A tract of land in Section 11, follows: County, Idaho, more particularly described as Commencing at the one-quarter section corner common to Sections 2 and 11, T:3 N., R.1 W., B..M., Ada County, from which northwest corner of said Section 11 bears N.890 03 404' W., 2653.48 feet, thence S.0010.'W. along the mid- section line of said Section 11,. 25.00 feet to a steel. pin Cherry on the southerly right-of-way line of y Lane the real said mid-section point of beginning;_thence S.00101W. along line, 608.2$ feet to a steel drainthence ditchs•807349Efeet to . along the westerly side of a large -drain steel pin; thence N.89°201W. along the south boundary line of the Naz NEk of said Section 11, 425.73 feet to the north one-sixteenth•cornendar said lineSection the N2;Nw�thence said9Se0Ct on 11, along the south bou Y 1923.37 feet to a steel Pin; thence ht-ofNorth, way 1289.63 feet to Cherry Lane; a steel pin on said southerly right-of-way right-of-way line, 1089.07 . thence S.88°55'33"E, alongline on a curve feet to a point; thence along said right-of-way to the left with a radius hord1bears16 feet, a S.89°31'E.Ce236a79afeet of 1°10'53" and whose long c said right-of-way line, to a point; thence N.89053134"E. along Said tract contains 601.34 feet to the real point o1easements of record or 60.15 acres more or less, subject in use. COUNTY SUBDIVISION EVALUATION Proposed Subdivision Name i . APR 4 4.1978 DATE Y/2- //77 As a result of a meeting held this date, it. -is agreed that the approved subdivision name is��-t��� and that the approved street names are: I -. circ/ Ada Planning Association, by 17 Above read and approved: . Ada County Building Dept., by 711 ,lvat�— S-f Cole-Collister Fire Dept., by Ada Planning Association, by LD: sat 79/3/13 Yiembers of the meridian City Council and Meridian Planning; and Zoning Commission I want to take this on•ertunity to res-ond to some of the comments regarding 'Dethaven Subdivision. 1.:Dy co-py of this letter I am requesting; that the City Council and P & Z allow a varaince for the 50' right of way streets shown on the preliminary plat with a 5' utility easement on each side of the right of way. I understand that such configurations meet with the Ada County Highway District. 2.We will abide by the 5' sidewalk ordiance of the city 3• We have met with the Fire Marshall and will work with the Fire Dept and Ada County for street names that will be satisfactory with agencies concerned. 41-1e intend to use city water for lawn and irrigation. Drz4inage will be submitted to proper authorties. 5. We will be villin. to run another, street to the west if needed but are some further circumstances th-?t ne=eds to be considered with the adjoinin.7 property. The development of this portion will be in the latter phases of the project. Sincerely, Lh,S., CORPORA N f% Lee R. Stucker, Pres. r . Rezone # - - _ Conditional use r W Prelims nary/F:L— / , . L ' J -L C -1C 6 12 C-10 l U 15 B &Yl 1• We have no objections to this proposal. Return Boise 1 _ Eagle �Meridia Kuna ACZ 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. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: Cent 1 sewage _Interim sewage _ —Individual sewage — and �entral water Individual water Community water well. 8.f Plans for Community sewage _Sewage dry lines, and Central w ter _Community water must be submitted to and pproved by the Regional Health and Welfare Environmental Services Office. 9. _ Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. Reviewep/ b , ; MAN�� M 10 • ADA COUNTY HIGHWAY 4G! BRGAIDWANE AVE. MIKE SILVA, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT DAVID A. WEEKS, SECRETARY November 13, 1978 L R S Corporation 2695 West Cherry Lane Meridian, Idaho 83642 U 318 E. 37TH STREET BOISE. IDAHO 83704 PHONE: 384-8936 a Re: The Bethaven Subdivision Preliminary Plat - Comments & Recommendations Sec. 11; T3N, R1W Gentlemen: I have reviewed the Preliminary Plat of the proposed subdivision. This is not a letter of approval, but I do have some comments and recommendations as follows: 1. Provide all street improvements to Ada County Highway District's Standards, Specifications, and Policies. 2. Provide topographic drawing of the plat. Show proposed street grades and overall drain run-off disposal plan. 3. Cherry Lane currently has a 50' right-of-way. Cherry Lane is by function classified a major arterial requiring 80' of right-of-way. Provide by plat an additional 15' of right-of-way south of the section line. i 4. Note on plat lot access restriction for lots fronting onto Cherry Lane. 5. Provide temporary turn -around on the south end of Bethaven Way. 6. Street names shown are acceptable in length in accordance to Ada County Highway District street name signing policy. Preliminary Plat provides development of the subdivision into separate phases as units 1 and 4. If these units are to be developed and platted separately, the followinq additional comments are to be applied, 1. Development and platting of each phase and/or unit requires review and approval by Ada County Highway District as separate and/or individual subdivisions. The Bethaven Subsion • November 13, 1978 page 2 2. Development of a single access road in the first phase shall, in part, be considered as a development of a non -continuous road. The number of dwellings in the first phase should be limited to thirty dwellings. Subsequent development of the next phase contiguous to the first phase should provide second access road. I am unable, at this time, to proceed any further with the Subdivision Preliminary Plat Review, Before I may proceed you are required to comply with the following: 1. As of August 18, 1978, all Preliminary Subdivision Plat Reviews are subject to an Ada County Highway District Review Fee. Subdivisions having one hundred one lots or more are subject to a $150.00 review fee. Checks payable to the Ada County Highway District. Fees subject to change without notice. Within ten working days after you have complied with the above requirements, I shall proceed with the review and provide Preliminary Plat Conditional Approval. If you have any questions, don't hesitate to call me at 384-8447. Sincerely, Robert G. Sorcic, E.T. Subdivision Review Officer RGS:be cc: Tudor Engineering Meridian Planning & Zoning • DEPARTMENT OF HEALTIR AND WELISARE November 27, 1979 W. Neal Eagar Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 NOV 2 J 1979 DIVISION OF ENVIRONMENT Statehouse Boise, Idaho 83720 801 Reserve Street RE: Bethaven Subdivision, Unit #1, Sewer and Water, Meridian Dear Mr. Eagar: 00V 2 q 1979 Gam? s� G Glly ,exe_ We have reviewed and approved the plans for the Bethaven Subdivision, Unit #1, sewer and water. We are returning one copy of each to you. Within thirty days after completion of the project, the project engineer must furnish this office either a letter certifying that the project was completed according to the approved plans or a set of as -built plans. FK/ds enclosure cc: City of Meridian Central District HD Very truly yours, Frank Keller, P.E. Environmental Engineer EQUAL OPPORTUNITY EMPLOYER LOUIS W. RIGGS ROBERT N.JANOPAUL STANLEY H. FROID TUDOR ENGINEERING COMPANY DAVIS C. TOOTHMAN CONSULTING ENGINEERS AND PLANNERS PAUL E. POTTER KEITH D. BULL 1802 NORTH 33RD STREET DOUGLAS J. MANSFIELD BOISE, IDAHO 83703 WILLIAM W. DAVIS TELEPHONE (208) 342-5511 ORAL L CONYERS MICHAEL B. HARRINGTON THEODORE H. PURCELL Mrs. Lawana Nieman City Clerk City of Meridian 728 Meridian Street Meridjan;.=IP 83642 Dear Mrs. Nieman: RALPH A. TUDOR (1902-1963) CORPORATE OFFICE 149 NEW MONTGOMERY ST. SAN FRANCISCO, CALIFORNIA 94105 LESLIE L. ANKENMAN PAUL S. KUNZ RICHARD F. ORTON DAVID N. TORGESON October 29, 1979 664-77045 Bethaven Subdivision Transmitted herewith are six copies of construction draw- ings for the Bethaven Subdivision water and sewer systems. The preliminary plat for this subdivision was approved by the Meridian City Council January 29, 1979. The enclosed drawings cover the Phase I part of the subdivision for which final platting is in process. Drawings for storm drainage and streets will be sub- mitted soon. Copies of the water and sewer drawings have been submitted directly to Gary Smith of JUB Engineers, together with Earl Ward and Bruce Stewart°of the City of Meridian. We would greatly appreciate timely review and action from the various City depart- ments. Please feel free to contact me should there be any questions. Very truly yours, TUDOR ENGINEERING COMPANY W. Neal Eagar enclosures i HULA OF TREASURE VALLEY OFFICIALS LA WANA L NIEMANN, City Clerk A. M. KIESERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief CURL WARD, Waste Water Supt. October 20, 1980 A Good Place to Live CETT 0, IF MERTMAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 883.4433 JOSEPH L. GLAISYER Mayor Re: Bethaven Subdivision Amendments - File 664-7745 TO WHOM IT MAY CONCERN: During the regular City.Council meeting held October 6, 1980, the following Motion was made: "The Motion was made by Grant Kingsford and seconded by Richard Williams that the City accept the amended pre- liminary plat for Bethaven Subdivision and not require a complete preliminary plat, but a final plat hearing. MOTION CARRIED." For the Mayor and City Council aWana L. Niemann City Clerk LLN/mh c: Lee Stucker Enc: pc, minutes 10-6-80 COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L SHARP Chairman Zoning & Planning City of meridian Hub of. Treasure V811ey A Good Piace to Live 728Meridian Street Meridian, Idaho 83642 ) Tudor Engineering CompAny) W: Neal Eagar 1802 N. 33rd Boise, ID 83703 1 j1 i 1--P t J ti M � iRll * d" +� int '� , r g ,• , :r r N' r. ✓ e 4 a t V TUDOR ENGINEERING COMPANY MEMORANDUM To File Date August 1, 1980 From W. Neal Eagar File 664-7745 Subject: Meeting with Meridian City Council Relevant.to Approval of Proposed Amendments to the Bethaven Subdivision Preliminary P1 -at . On July 21, 1980 Lee Stucker.and myself attended the Meridian City Pre -Council meeting to ask the Council's approval of revisions to the preliminary plat for the Bethaven Subdivision. Our request was stated in a letter to the Mayor and Council dated July 17, 1980. Councilman Rick Orton excused himself since Tudor Engineering Company, his employer, is Lee Stucker's engineer. Those present were Mayor Glaisyer; Councilmen Williams, Kingford and Brewer. Gary Smith, the City Engineer, and Lawana Neiman, the City Clerk, were also.present along with Lee Stucker and myself. Mayor Glaisyer pointed out that this matter was before the Council unofficially since the City is without a subdivision ordi- nance until .the moratorium on land development is lifted. While in force the moratorium forbids official action by the Council on preliminary or final plats. This was felt to include our request for plat amendments. I pointed out that the detention pond for storm runoff had - been originally designed on a land parcel owned by LRS Corporation that lays East of the subdivision and South of Cherry Lane. The sale of this land to the First Church of Christ forced the pond to a location inside the subdivision and created:: a need to revise part of the subdivision layout. I pointed out that Sheryl Drive, between Beth Way and Leroy Way had been shifted South. A cul de sac to the interior.�of Block 15 now.enters from Beth Way instead of Sheryl Drive. I also pointed out that a stub street East of Beth. Way could be replaced by a sewer easement since the church now owned the property to which the stub street led. The Mayor asked if the proposed revision changed the subdivision density and it was pointed out that there would be no change. Gary Smith asked why the cul de sac bulb was to the right. I pointed out it worked out best for the arrangement of lots. Gary suggested holding the bulb to the left of future cul de sacs. Memo - Bethaven Sub Page 2 August 1, 1980 Replacement of the stub street was questioned by one of the Council members. He said they had trouble with sewer lines in yards. I pointed out that Earl Ward, the Treatment Plant Super- intendent, had said he could tolerate the easement if sewer man- holes were in public rights-of-way and not on private property. I pointed out that we proposed no manholes outside the right-of-way. There was not a positive "yes" or "no" from the council members on this point. The question of access to the land parcel owned by LRS Corporation, East of Bethaven and South of the church property, was discussed. It was suggested by Council members that the stub street remain for the sewer line and also for access -to this property. This plan received favorable comment from all Council members. After some discussion the Mayor and Council members agreed they could take no official action, but when the moratorium is lifted, they will offi:ci.ally approve the plat with the revisions we proposed if the stub street was not replaced.with a sewer easement. They said they would compare the plat we submit after the moratorium is lifted with the revised plat used for this meeting and if the plats compare as discussed, they will officially approve the amendments to the plat at that time. It was estimated by Lawanna Nieman that the moratorium could be lifted in about four months. OFFICIALS LA WANA L NIEMANN, City Clerk. A. M. KIEBERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. 0 HUB OF TREASURE VALLEY' 0 A Good Place to Live CITY OF MERIDIAN 4i 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888-4433 Mr. Leslie Ankenman, P.E. Tudor Engineering Co. 1802 North 33rd Street Boise, Idaho 83703 Dear Mr. Ankenman: JOSEPH L.GLAISYER Mayor April 30, 1980 Re: Street Plan/Profile Bethaven Subdivision Meridian, Idaho COUNCIL71S! RICHARD C. WiGLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L SHARP Chairman Zoning & Planning Attached is one set of your blueline prints for the subject project as submitted to the City for review. My comments as a result of this review are as follows: 1. Executed easements for all drainage pipes and ditches located outside the platted boundaries of the subdivision should be filed with the appropriate maintaining agency. 2. I understand from conversations with Neal Eagar that he is working with the Bureau of Reclamation to obtain permission to locate the retention pond within their creek right-of-way. Please forward a copy of their approval to the City. 3. The maintenance of the retention pond is a question that needs to be addressed and Neal and I have talked several times about how it could be handled. A Homeowner's Association is one vehicle that could be used, however, the bottom line is that maintenance needs to be done by someone to assure that the intent of the device is carried forward. 4. Please submit confirmation from ACHD that they will maintain those portions of the storm drain piping that are outside the dedicated road rights-of-way. 5. By ordinance, all streets within the City of Meridian are to have a 60 foot wide right-of-way. Beth Way is designated as a major collec- tor with a platted 60 foot wide right-of-way and a street section of 41 feet back-to-back of curb. Those streets connecting to Beth Way are considered "minor" streets with a street section of 37 feet back-to-back of curb. The 60 foot rightof-way for the minor streets can be addressed by showing a 50 foot wide right-of-way on the plat and adding the following plat note: 0 • Mr. Leslie Ankenman, P.E. -2- April 30, 1980 "All Lots are hereby designated as having a permanent public utilities, drainage, irrigation and public right-of-way easement over the outer five (5) feet of each lot that is adjacent and parallel to any street that is dedicated to the use of the public." 6. Possibly the retention pond could be considered an attractive nuisance and from that standpoint, particularly if it is to be maintained by a Homeowner's Association, consideration should be given to construc- ting a fence around it. 7. It appears to me that maintenance of one retention pond could present problems that will only be compounded by the construction of the second temporary pond at the intersection of the future "Stucker Way" and Cherry Lane. I feel it would be more acceptable to extend the storm drain pipe along Cherry Lane to pick up the drainage from Sheryl Drive, Leroy Way, and Elm Avenue and convey it to the retention pond at Nine Mile Creek. The remainder of my comments are minor and are shown on the attached plans in red pen. Please review my comments and return a revised set of plans to me with the necessary changes along with this red lined set. If you have any questions concerning my comments, please call. XYo s truly, Gar . Smith, P.E. City Engineer GDS: dm Attachment 0 6, M@ffmh (MffMH@M 99@ 0 REAL ESTATE :: COUNSELING & MARKETING REALTOR Mayor Jos Glaiyser Meridian City Council At city pre -council of July 21, 1980 Neal Eager of Tudor Eng. Oto. and myself met to discuss some changes in the preliminary Plat of Bethhave Sub. It is our understanding we could anticipate approval without submitting a replat of the Subdivision-- that the revised plat would be acceptd when the moratorium was lifted if it remained without further changes providing we did not remove the street to the parcel of gnplatted ground across Rutledge Lateral. The Highway District has indicated the would work on the old fee schedule providing the city would state they would accept the revised plat and not require a com plete replat of the project. This would save me considerable expense to the Highway Dist. for study of the road system. If you can help me out I would appreciate it. z:w y Lee R. Stucker P.S. the days Enclosed is a copy from conversation and outcome following said meeting. Neal Eager of how he felt of the meeting written just a few PHONE (208) 365-4495 PHONE (208) 888-4601 PHONE (208) 345-5677 1302 S. WASHINGTON 15 E. FAIRVIEW AVE. 1530 W. IDAHO P. 0. BOX 611 P. 0. BOX 236 P. 0. BOX 238 EMMETT. IDAHO 83617 MERIDIAN. IDAHO 83642 BOISE. IDAHO 83701 Mr. Leslie Ankenman, P.E. Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 Dear Mr. Ankenman: May 19, 1980 Re: Bethaven Subdivision Sanitary Sewer/Domestic Water Meridian, Idaho I have reviewed your resubmittal of the final plans for the subject development and find them to be in conformance with the City department heads and my comments previously made to you. It was not previously mentioned but care shall be taken in making the connection to the existing city manhole designated as E-23. This connection must maintain watertightness and provide good quality workmanship in con- struction of the flow channel in the manhole base. Sincerely, J -U -B GINEE01 ary D. RP Va h, P.E.City Engr GDS: cc eel & M,l a Wes • HUB OF TREASURE VALLEY 46 A Good Place to Live OFFICIALS CITY OF MERIDIAN RDCIWILLAMS LAWANA L NIEMANN, City Clerk. RICH A. M. KIEBERT, Treasurer 728 Meridian Street e GRANT P. KINGSFORD ROGER SHERWIN, Chief of Police BILL BREWER BRUCE D. STUART, Water works Supt. MERIDIAN, IDAHO RICHARD F. ORTON, JR. JOHN O. FITZGERALD, Attorney 83842 DONALD L SHARP ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. Phone 888-1433 Chairman Zoning & Planning JOSEPH L., GLAISYER Mayor Mr. Leslie Ankenman, P.E. Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 Dear Mr. Ankenman: May 19, 1980 Re: Bethaven Subdivision Sanitary Sewer/Domestic Water Meridian, Idaho I have reviewed your resubmittal of the final plans for the subject development and find them to be in conformance with the City department heads and my comments previously made to you. It was not previously mentioned but care shall be taken in making the connection to the existing city manhole designated as E-23. This connection must maintain watertightness and provide good quality workmanship in con- struction of the flow channel in the manhole base. Sincerely, J -U -B GINEE01 ary D. RP Va h, P.E.City Engr GDS: cc eel & M,l a Wes LOUIS W. RIGGS ROBERT N. JANOPAUL RALPH A. TUDOR (1902-1983 PAUL E. POTTER KEITH D. BULL TUDOR ENGINEERING COMPANY 149 NEWCORPORATE OFFICE MONTGOMERY ST. DOUGLAS J. MANSFIELD SAN FRANCISCO, CA 94108 ORAL L CONYERS CONSULTING ENGINEERS AND PLANNERS DAVID C. WILLER ASSOCIATED CONSULTANT MICHAEL B. HARRINGTON 1802 NORTH 33RD STREET DAVIS C. TOOTHMAN THEODORE H. PURCELL WALTER F. ANTON BOISE, IDAHO 83703 ROGER S. BRASSFIELD TEVIS T. THOMPSON TELEPHONE (208) 342-3511 PAUL S. KUNZ STAN L. MCHUTCHISON RICHARD F. ORTON JR. DON G. PAYNE March 29, 1982 File: 664-7745 Mrs. Lawana Nieman, City Clerk City of Meridian 728 Meridian St. Meridian, Idaho 83642 Re: Bethaven Subdivision Sewer Crossing Agreement Dear Lawana: Transmitted herewith is the original and one copy of a fully executed sewer crossing agreement. This agreement, between the U.S. Department of Interior and the City of Meridian, authorizes a sewer line from the Bethaven Subdivision to cross beneath the Nine Mile drain. Very truly yours, TUDOR ENGINEERING COMPANY W. Neal gar WNE:mh Enclosures cc: Lee Stucker STATIE 016 1DAH01 D E'PARTM ENT OF HEALTH AND WELFARE January 6, 1981 Mr. Neal Eagar Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 JAN � 1981 DIVISION OF ENVIRONMENT Statehouse Boise, Idaho 83720 801 Reserve Street RE: Sewer and Water Lines for, Bethaven Subdivision Meridian Dear Mr. Eagar: We have reviewed and approved the revised engineering plans for the sewer and water lines which will serve Bethaven Subdivision in Meridian. This approval is contingent upon the installation of a blow off device on the end of the water main in the cul-de-sac. Within thirty (30) days of the completion of this project as -built plans or certification from the engineer that the project was constructed in accordance with the approved plans must be submitted to our department. Of the two sets of plans submitted to our department, we are returning one set to you and retaining one set for our files. If you have any questions, please contact me. (inc� I rely, H. David Sanders SUPERVISOR HDS/ds enclosures cc: City of. Meridian Central District HD Reo �s / EQUAL OPPORTUNITY EMPLOYER LOUIS W. RIGGS ROBERT N.JANOPAUL STANLEY H, FROID DAVIS C. TOOTHMAN PAUL E. POTTER KEITH D, BULL DOUGLAS J. MANSFIELD WILLIAM W. DAVIS ORAL 1. CONYERS MICHAEL B. HARRINGTON THEODORE H, PURCELL TUDOR ENGINEERING COMPANY CONSULTING ENGINEERS AND PLANNERS 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-8811 Mrs. Lawana Nieman City Clerk City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Lawana: December 29, 1980 DEC 31 1.980 RALPH A. TUDOR (1902-1963) CORPORATE OFFICE 149 NEW MONTGOMERY ST. SAN FRANCISCO, CALIFORNIA 94108 LESLIE L. ANKENMAN PAUL S. KUNZ RICHARD F. ORTON DAVID N. TORGESON 401-7745 Bethaven Subdivision - Sanitary Sewer and Domestic Water This letter is accompanied by construction drawings for the revised Bethaven Subdivision street, drainage, water and sewer systems. The revised systems now conform to a plat amendment that was prompted by a shift in the location of the storm runoff detention pond. When it became necessary to shift the storm runoff detention pond the street, drainage, sewer and water systems were all affected. Before the pond shift, construction drawings for the water and sewer systems had been submit- ted to the City and approved by the City Engineer. Ten copies of the revised drawings for these systems are included for review and comment by the various City department heads. We had submitted construction drawings for the street and drainage sys- tems to the City and received comments from the City Engineer. These com- ments, where applicable, have been incorporated in the revised design for these systems. Ten copies of the revised construction drawings for these systems is also included for review and comment by the City. Specific comments relevant to the street and drainage system that were made by the City Engineer are addressed below. 1. Agreements for sewer and drainage easements in unplatted areas are being prepared. Landowners involved are LRS Corporation and the Bur- eau of Water and Power Resources. The sewer easement will be convey- ed to the City of Meridian and the drainage easement to the Highway District. 2. The revised drainage design does not propose to locate the detention pond on government property. Application to the Bureau of Water and Power Resources for a permit to discharge storm runoff to Nine Mile Creek is in progress. Relevant correspondence pertaining to this permit will be sent to the City. 3. The issue of detention pond maintenance has not been resolved. The developer does not care to be saddled with long-term pond mainten- ance. We understand from a recent conversation with ACHD that steps are underway with the State legislature to authorize pond maintenance by the Highway District. OFFICIALS LAWANA L. NIEMANN, City Clerk A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. HUB OF TREASURE VALL n - A Good Place to Live CITY OF MERIDIAN Meridian Street GRANT P. BILL BRREWEREWERKINGSFORD GRANT728 MERIDIAN ID AHO RICHARD F.ORTON, JR. RONALD R. TOLSMA 836+ Phone 888-4433 ANNETTE C. HINRICHS Chairman Zoning & Planning JOSEPH L. GLAISYER Mayor Mr. Neal Eagar Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 Dear Neal: February 18, 1982 Re: Bethaven Subdivision Sewer Line Crossing Agreement Attached are two sets of the sewer line crossing agreement for the subject project as prepared by the United States Department of the Interior, Water and Power Resources Service. Each set has been reviewed by the Meridian City Attorney, Wayne Crookston, and, upon his recommendation, signed by Mayor Glaisyer and City Clerk LaWana Niemann. It is my understanding that you must now process this agreement, with appropriate fees, to the Water and Power Resources Regional Director. When you receive a final executed copy from them, please forward it to City Clerk LaWana Niemann for her files. Sincerely, ?Gary Smith, F.E. tan City Engineer GDS: ss Attachments bcc: LaWana Niemann HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS CITY ®F MERIDIANU1 WANA L. NIEMANN, Ctty Clerk A. M. KIEBERT, Treasurer ROGER SHERWIN. Chief of Police 728 Meridian Street BRUCE D. STUART. Water Work, Suot. IDAHO MERIDIAN, JOHN O. FITZGERALD, Attorney AN. ROGER WELKER. Fire Chief 83642 EARL WARD. Waste Water Suot. Phone 888-4433 JOSEPH L. GLAISYER Mayor Mr. Neal Eagar Tudor Engineering Company 1082 North 33rd Street Boise, Idaho 83703 Dear Neal: January 11, 1982 Re: Bethaven Subdivision Final Devlopment Plans �c ;i f COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD) BILL BREWER RICHARD F.ORTON, JR. DONALD L SHARP Chairman Zoning S Planning The development plans and the Final Plat for the subject development, submitted to me for review on December 10, 1981, do contain all requested modifications and are acceptable to the City of Meridian. I will recommend to Mayor Glaisyer and City Clerk LaWana Niemann that the City accept and sign the agreement requested by the Bureau of Reclamation for the sanitary sewer crossing of Nine Mile Creek. Also, I will recommend City acceptance of the easement for the sewer line crossing of Mr. Stucker's property situated between this subdivision's easterly boundary and Nine Mile Creek. Pursuant to the City's acceptance of Mr. Stucker's proposal for maintenance of the drainage pond, the City can sign this subdivision's final plat. Please submit, for files, one set each of the final design drawings of the water installation to Mr. Bruce Stuart, Waterworks Superintendent and of the sanitary sewer installation to Mr. Earl Ward, Wastewater Superintendent. If you have any questions, please call. Sincerely, CI FMERIDIAN Gary .Smith, P.E. City Engineer GDS: dm bcc: City of Meridian /— / -9/- g� G S-��c crs2 f HUB OF TREASURE VALLEY • A Good Place to Live OFFICIALS CITY OF MERIDIAN RICHCOUNCLMEN ARD LA WAWILLIAMS NA L NIEMANN. City Clerk A. G RSHE T, Treasurer 728 Meridian Street GRANT P. ROGER SHERWIN, Chief of Police BRUCE D. STUART. Water works Supt. MERIDIAN, IDAHO RICHARD F. ORTON, JR. JOHN O. FITZGERALD, Attorney 83642 DONALD L SHARP EARL WARD. Waste a Water of Phone 888.4433 Chairman Zoning EARL WARD, Waate Water Supt. 0 6 Planning JOSEPH L. GLAISYER Mayor TO: File 8403 FROM: Gary D. Smith /6-j— DATE: June 11, 1981 SUBJECT: Meeting with Neal Eagar 8:00 a.m. - J -U -B Office Final Plat Approval of Bethaven Subdivision No. 1 1. Agreed that the turn -a -round at the south end of Beth Way could be deleted from my original requirements. 2. Maintenance of the storm drainage retention pond is still a question mark. 3. An easement has been written to allow ACRD access to the retention pond from the south side. (A half street width from Lee Roy Drive to the southwest corner of the lagoon- copy is coming.) 4. Discussed the back lot easement width of 10 feet (required by Ordinance). The plat shows 15' for the Rutledge lateral and Neal has shown 51 addi- tional. Normally, the telephone company requires 101 for installation of their equipment, but it is understood they sometimes will accept 51. Neal will investigate the possibility of the telephone company using part of the Rutledge lateral easement if they won It accept 51. The Rutledge is located outside this subdivision boundary. S. Lee Stucker is providing a Road Trust for construction of the street improvement for Cherry Lane Road. He will construct a tapered pavement section from Beth Way intersection eastward - no curb, gutter or sidewalk will be installed at this time along Cherry Lane Road (letter of April 24, 1981 to Tudor). b. Neal will send a copy of the Water Power and Resources access permit tc me for the sanitary sewer and storm drain pipe crossing. 7. Since no improvements are going to be made along Cherry Lane, I aske Neal to construct a gravel approach (with pipe) across the borrow ditf at the location of the gate into the storm drain retention pond. will do.) 8. What is the location of sewer and water service for Lot 7, Block 1 si this is now a duplex lot? Revised plans for water and sewer seri shown for Lot 1, Block 2 and Lots 1 and 2, Block 1 to show the new ser locations. GDS: dm SUN 1 1981 LOUIS W. RIGGS RALPH A. TUDOR (1902-1963) ROBERT N. JANOPAUL CORPORATE OFFICE STANLEY H. FROID TUDOR ENGINEERING COMPANY 149 NEW MONTGOMERY ST. DAVIS C. TOOTHMAN SAN FRANCISCO, PAUL E. POTTER CONSULTING ENGINEERS AND PLANNERS CALIFORNIA 94105 KEITH D. BULL 1802 NORTH 33RD STREET DOUGLAS J. MANSFIELD BOISE, IDAHO 83703 PAUL S. KUNZ WILLIAM W. DAVIS TELEPHONE (209) 342-6611 RICHARD F. ORTON ORAL 1, CONYERS 100-10 PI. ;PEIREW-0" MICHAEL B. HARRINGTON THEODORE H.PURCELL May 27, 1981 File: 664-7745 Mrs. Lawana Nieman City of Meridian 728 Meridian Street Meridian, Idaho 83642 Re: Bethaven Subdivision Dear Lawana: The water, sewer and street and drainage construction drawings for the Beth- aven Subdivision have been revised in accordance with comments by the City of Mer- idian and other reviewing agencies. One set of the drawings accompanies this let- ter and two sets were sent directly to the City Engineer, since he has been most active in the plan review process. The Water and Power Resources Services have revieled our proposal for cross- ing the Nine Mile Creek right-of-way with a sewer. The; have prepared an agree- ment that, when executed by the City of Meridian, will permit the crossing. En- closed are two copies of the agreement along with a coty of the cover letter that accompanied the agreements. We will appreciate your e -forts to expedite the ex- ecution of the agreement. The Water and Power Resources Services prepared a separate agreement for the stork drain crossing and discharge to Nine Mile Creek. This agreement is cur- rent'hy at the Ada County Highway District for execution. We have enclosed a draft easement agreement for c►ossing Lee Stucker's property east of the subdivision with the sewer. The Easement is 20 feet wide, as required by the City. Language in the agreement mai be revised as the City desires. When a final draft is worked out we can arrarge for execution. Feel free to contact me if there should be any qu(stions. Very truly yours, TUDOR ENGINEERING COMPANY W. Nea Eagar WNE enclosures cc: Gary Smith JUN DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS BETHAVEN SUBDIVISION, Meridian, Idaho DATED 1979 RECORDED 1979 INSTRUMENT NO. 1. The undersigned, being the owners of the property hereinafter described, hereby adopt the following Protective Restrictive Covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as BETHAVEN SUBDIVISION, a portion of the Nh, NWk, Section 11, T3N, R1W, B.M., Meridian, Ada County, Idaho. 2. BETHAVEN SUBDIVISION is divided into singleiFamily and/or two Family (duplex) residential lots in compliance with the local and state regulations and laws. The following covenaahts shall run with the land and be in force and effect for Twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless sooner terminated by agreement of the owners of seventy- five percent (75%) of the land in the subdivision and are as follows, to -wit: 3. DWELLING SIZE: The ground floor area of the one-story dwelling, exclusive of open porches and garage shall be not less than 1350 square feet. In the case of a two-story dwelling, the lower or ground floor level shall be not less than 900 square feet. In the event of a multi-level dwelling, the area of the one-story portion and the area of the upper level of the two- story portion shall constitute a minimum of 1040 square feet. A split entry or split foyer type home and a daylight basement home shall have a main floor area of not less than 1000 square feet. Each single family residence shall have a garage for not less than two (2) cars. With regard to duplex units, each side shall have not less than 900 square feet. Further, with regard to duplex units, each unit shall have con- structed a garage for not less than one (1) car. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose rmi of covenant, -eaves, steps, and open porches shall not be construed to pet any portion of a building, on a lot to encroachupon anyother lot. No residence shall be in excess of two stories. New fabricated residence shall have a HUD - FHA structural engeneering bulletin issued and is in current existence. 4. ARCHITECTUAL COMMITTEE: A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with detailed plans of an proposedbe located in said subdivision and shall be allowed fifteendays toireviewtsaid plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alteration thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of page 2. BETH4M SUBDIyISION e • 4• Architectual ConpaIttee(continued ttee shall have sole descretion to determine what®steal with said Covenants. original Covenants Said commi- without the No buildings shall Occupy1 be substantial compliance Without t prior approval of said co any portion of said subdivision Y may be empowered to act for�ittee. A represenative designated b Of the committee is unable to act or fails committee. In the event an y the malorcommittee members shall a ails or desires not to Y member on said committee appoint an owner of a lot in said subdivision to serveg such committee all of whom will serve without compensation. reason of nor its designated representative, shall incur ab NO member of such committee act or omission in exercising the duties herein established d for The Architectual Committee shall consist of: LEE R. STUCKER - 2695 W. Cherry Lane, Meridian, Idaho LEONARD A. STUCKER _ 2490 a CARL W• STUCKER - 334 plc, Meridian Idaho 5. OUT BUILDINGS: Only one outbuilding buildings shall be constructed n g per lot will be allowed. finished and painted on the Outside and ualitybeui din Ail out - that will be in harmon g material, completely approved b y with the other building on said property quality and character y the Architectural Committee. Pr®perry and must be 6• BUILDING LOCATION: No building shall be located on any lot the front lot line or nearer to the side and rear lot lines than t building setback distances as set forth in the Cit of nearer to however in an he minimum y event no building shall be located on any lot a Ordinance, (20) feet from the front lot line and Fifteen (15) feet yfrom nearer than Twenty nearer than Twelve (12) feet from one side lot line with access to not nearer than five rear line nor feet from an (5) feet on other side lines. Not nearer thanpFifteenublic t(15)s y side street line, 1. CONSTRUCTION: Construction of any dwelling shall be completed exterior decoration within eight (8) months from the date of the start of construction. All lots shall p including, be kept in a neat and orderly 'condor to the construction ofments such sufficient intervals to prevent creation of The nuisance eor fire haz mowed thereon, fire hazard. 8. LANDSCAPING: Each lot shall have in the front yard seeded and two trees at least 1'1" in diameter shall be in place within 90 days completion of construction of the residence on such lot. (sod) lawns not in place by said deadline, declarant may cause the same to be If lawn and trees are purchas y after the place on said lot and charge the cost thereof to the owner of said lot, and and charge shall be a lien on said lot enforceable in the manner of other mechanics' or contractors' liens under the laws of the State of Idaho. nd such 9• No shack, tent, trailerhouse, or basement only, shall be used within this subdivision for living quarters, permanent or temporary. Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said sub- division which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than 4 inches high. Page 3. BETHAVEN SUBDIVISION • 9. (continued) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and or cats or other pets may be kept at one time, except that a litter of young may be kept until 8 weeks old. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than 5 square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the Zoner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. The provisions of these covenants shall not be deemed to prohibit the use of any single fancily residences as a sales office or model home for the purposes of sales in BETHAVEN SUBDIVISION. 10. No trailer houses, mobile homes, boats, campers, motor homes or other recreation vehicles including trailers, shall be parked in any street or within building setback lines, and the areas for the storage thereof shall be screened` from view of the streets and neighboring properties with such screening materials as are approved by the Architecture Committee. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, whether temporarily or permanently, nor shall any residence of a temporary character be permitted. No junk or unused vehicles are to be stored on public streets or premises unless in the confines of an enclosed garage. 11. REFUSE DISPOSAL -MATERIAL STORAGE: No lot shall be used as a camping ground for rubbish or as a storage site for building or other materials, trash, garbage ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary container and shall not be thrown, dumped or otherwise dis- posed of upon the real estate. All incinerators or other equipment for the stor- age or disposition of such material shall be kept in a clean and sanitary con- dition with such material being periodically disposed of as required by appropriate local health -authorities. 12. FENCES: No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. In the case of corner lots the above restrictions will apply as well as the ordinance of City of Meridian. 13. IRRIGATION. The developer assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: (a) That irrigation water deliveries have not been provided by the Developer; Page 4. BETHAVEN SUBDIVISION • . 13. IRRIGATION(continued: (b) That the purchaser of the lot must remain subject to all assess- ments levied by the irrigation entity; (c) That the purchaser shall be responsible to pay such legal assess- ments; (d) That the assessments are a lien on the land within the purview of the irrigation entity and as provided by law; (e) That the Developer is not now, nor will it be in the future, responsible for the maintenance of any existing or future irriga- tion systems, canals, or pipe, either running through BETHAVEN SUBDIVISION or any individual lot. 14. Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improve- ments for which a public authority or utility is responsible. 15. ANTENNAS: Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot. 16. OIL AND MINING OPERATION: No oil exploration or development of any nature or kind of mining exploration, development shall be permitted upon the lots in this subdivision. 17. EXTERIOR FINISH: The exterior of all construction shall be designed and maintained in such a manner as to blend in with the existing structures. Exterior colors must be approved by the Architectural Control Committee in accordance with the provision of this Article. 18. Invalidation of any one of these covenants shall in no wise affect any of the other provisions which shall remain in full force and effect. 19. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relating to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these restrictive covenants. This limitation shall apply in particular to locations, public easements and ways where the same are particularly required by such ordinances but not set forth herein. 20. VIOLATIONS: That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, and other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. P4ge 5. BETHAVEN SUBDIVISION 21. AMENDMENTS: These Covenants or any provision therof, as from time to time in effect with respect to all or any part of BETHAVEN SUBDIVISION may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy-five (75%) percent of the Lots. Any amendments hereof, shall be first subject to the approval of the Veteran's Administration and the Federal Housing Administration. Any amendment must be recorded, and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. S41 W 0 �r �gg A, � x % {4 I 4 16ePLICATION. FOR SUBDIVISION APF AL Meridian Planning & Zoning Commission Applications must be presented at City Ball by the Second Monday of the Month for Planning & zoning Ming Inforamijon GRWL4.L IMEMATICH THE BETHAVEN SUBDIVISION Proposed Name of Subdivision) -(General LocationChem Lane East of -Ten Mile Road SOO attached (Legal Description - Attach if Lengthy IRS Cogo:ration 888-3553 %Owner T�TOr Record) (Name) Telephone No. Owner I (Ad ess ..... .I. kLY4rineer9 Surweyor or -- Planner -T-1 �A802- N. 33rd 5t.. Boise ID e883 ---Citv of Meridian- (Jurisdiotion(s) Requiring Appras —AResidential_ G-YPO Of SubdiviSion—Residential, Accepted bysT No. u ., II. I SUHDIITISION FEATURE* 1, 60 Acres. 182 Number of Lots 80 x 100 min. Dimensions of Lots 26 0 Acres of Land in Contiguous Ownership 36_ 8.000 sa. ft. Minimum Lot Sizes 46 Existing Zoning Classification A Residential 5• Has Request Been Made to Change.Zoning? x yA8 no 6.. Zoning Request & Under What Name? .X Ordinance I Proposed conformance ( applicant) ( staff) ' 1. Street Standard 60, Right of Way -Seth ay Other Request 501for all other streets 2. Curb and Gutter (Type) ACID Standards i 3. Sidewalks Location & Widths ACID Standards Alleys None 4* Street Names shown Must.not conflict with Grid system 59 Domestic Water Supply (a) (Individual) (well) (b) (Central) (City) (c) (Location of existing lines) (d) (Location of proposed lines) 6. Method of Sewage Disposal (a) (Individual) (b) (Central) (c) (Locations of existing linea) '(d) (Locations of proposed lines) 7. Method of Storm Water Disposal (a) (location of existing lines) (b) (Location of proposed lines) 8. Irrigation Water Supply Provided - (If irrigation water supply not provided, hasea been withdrawn from District?r 9. Poorer and Phone (a) (Underground) (b) (Overhead) 10. Natural Gas 11. Other Utility k Cherry LU @ Nine A9, t e Cr. Street R/W None x yes n. yes no LVO I 190 Existing Buildings. to remain or be removed? 20. 1" - 100' drawings showing general plan, and adjacent subdivision --2 copies® 21® Proposed protective covenants. 220 Examination by city Engineer. 3-V- BUIW33G PROGRAM (To be completed by applicant) ti to Type of buildings (Residentiais Commercial, Industrial, Combination) Residential 2e Type of dwellings (Single-family, duplexes, multi -family 0' y (rental),�multi- family (sale), combinationily 9 duplexes - multi. -family (sale) on - Lot 1 Block 1;6 Garages Attached x Detached�� Off street parking 2 space per unit 1 Story Building Material Basements Nater Table Study Driveway width Typical Building price Fangs �by III- Continued i 12a Are Easements for 5,6,798'9, , 10, 119 Provided and where located? Will be shown on 13. Are Fire Hydrants Provided, final plat. where located? -As required by City 3.4o Are Street Lights Provided, of Meridian where located?. No lg., Area to be dedicated to public or semi-public areas (a) School Site(s) None (b) Public park site(s) ' (o) Common area for residents (d) Water supply, pumphouse ' (e) Sewage disposal area (f) Other 160 Location of existing dedicated streets and their widths at the point in9�ediat�y. adjacent to proposed development, Cherry Lane along north.'boundary line. 170 Vicinity Map (scale 1" a 3001) -- 2 copies 18. Contour map of area. 190 Existing Buildings. to remain or be removed? 20. 1" - 100' drawings showing general plan, and adjacent subdivision --2 copies® 21® Proposed protective covenants. 220 Examination by city Engineer. 3-V- BUIW33G PROGRAM (To be completed by applicant) ti to Type of buildings (Residentiais Commercial, Industrial, Combination) Residential 2e Type of dwellings (Single-family, duplexes, multi -family 0' y (rental),�multi- family (sale), combinationily 9 duplexes - multi. -family (sale) on - Lot 1 Block 1;6 Garages Attached x Detached�� Off street parking 2 space per unit 1 Story Building Material Basements Nater Table Study Driveway width Typical Building price Fangs A tract of land in Section 11, T.3 N'., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T.3 N.i R.1 W., B.M., Ada County, -Idaho, from which the northwest corner of said Section 11 bears N.89°03'40"W., 2653.48 feet, thence S.0°10'W. along the mid- section line of said Section 11, 25.00 feet to a steel pin on the southerly right-of-way line of Cherry Lane the real point of beginning; thence S.O°10'W. along said mid-section. line, 608.28 feet to a steel pin; thence S.31°39'E. along the westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N.89°20'W. along the south boundary line of the N' NEa of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N.890201W. along the south boundary line of the Na NW; of said Section 11, 1923.37 feet to a steelin; thence ce North, 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S.88055133"E. along said right-of-way line, 1089.07 feet to aoint thence hence along said right-of-way lin e on a curve to the left with a radius of 11484.16 feet, a central angle of 1010'53" and whose long chord bears S.89°31'E., 236.79 feet to a point; thence N.89°53'34"E. along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres more or less, subject to easements of record or in use. • Ve RESTRICTIONS AND DESIGN INFORMATION toOrdinance Proposed conformance (applicant) (staff) le Allowed Land Uses _Residential 2, Minimum Lot Area 5,000 _ meq, ft. 3, Minimum Lot Frontage so ft_ 4. Minimum Lot Width Front Setback 60 ft. 50' Minimum I Lot Depth goo f _ 6, Front Setback 20 ft- .7. 7- Side Setback s ft_ 8. Side Street Setback 2-0—ft- -0ft_9. 9. Rear Setback 25 ft_ 10, Percentage of Lot Coverage �0 We SPECIAL DISTRIC'T'S (Staff) Name 1.School District Meridian c 2. Fire District (or Dept.) Meridian rural 3. Seger District (or City) Meridian $, Irrigation District N a --Meridian 5. Vater Company or District Meridian 6. Other (Names se) V11. RECORD OF APPROVAL ( Staff ) Pref (date) 1. Technical Review Committee 2, County Planning Commission 30 City Plan. Comm. Name 4. County, Surveyor (Final Only) 5, County Highway District (Pima Only) 6. City Council , Name 7. Board of Ada County Commissioners (Final Only) 20 Approval DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS BETHAVEN SUBDIVISION #1, Meridian, Idaho DATED , 1981 RECORDED INSTRUMENT NO. , 1981 1. The undersigned, being the owners of the property hereinafter described, hereby adopt the following Protective Restrictive Covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as BETHAVEN SUBDIVISION #1, a portion of the Nh, NW4, Section 11, T3N, R1W, B.M., Meridian, Ada County, Idaho. 2. BETHAVEN SUBDIVISION #1 is divided into single Family and/or two Family (duplex) residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for Twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless sooner terminated by agreement of the owners of seventy- five percent (75%) of the land in the subdivision and are as follows, to -wit: 3. DWELLING SIZE: Ground floor area of the one-story dwelling, exclusive of open porches and garage shall be as follows: Not more than 10% or four 64) homes may be between 1000 and 1099 -Sq. Ft., 20% or eight (8) homes between 110 and 1199.Sq. Ft. 40% or sixteen (16) between 1200 and 1299 Sq.,Ft. The remaindo-r.must be 1300 Sq. Ft. or more in BETHAVEN SUBDIDISION # 1 In the case of a two-story dwelling, the lower or ground floor level shall be not less than 800 square feet, total 1400. In the event of a multi-level dwelling, the area of the one-story portion and the area of the upper level of the two-story portion shall constitute a minimum of 1040 square feet. A split entry or split foyer type home and a daylight basement home shall have a main floor areaof not less than 860 square feet. Each single family residence shall have a garage for not less than two (2) cars. With regard to duplex units, each side shall have not less than 860 square feet. Further, with regard to duplex units, each unit shall have constructed a garage for not less than one (1) car. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of covenant, eaves, steps, and open porches shall not be construed to permit any portion of a building, on a lot to encroach upon any other lot. No residence shall be in excess of two stories. New fabricated residence shall have a HUD - FHA structural engeneering bulletin issued and is in current existence. 4. ARCHITECTUAL COMMITTEE: A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alteration thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Page 2. BETHAVEN SUBDIVISION #1 4. Architectual Committee(continued): the original Covenants, Said commi- ttee shall have sole descretion to determine what shall be substantial compliance with said Covenants. No buildings shall occupy any portion of said subdivision without the prior approval of said committee. A represenative designated by the majority may be empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom will serve without compensation. No member of such committee, nor its designated representative, shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. The Architectual Committee shall consist of: LEE R. STUCKER - 2695 W. Cherry Lane, Meridian, Idaho LEONARD A. STUCKER - 2490 N. Locust Grove Rd., Meridian, Idaho CARL W. STUCKER - 334 W. Maple, Meridian Idaho 5. OUT BUILDINGS: Only one outbuilding per lot will be allowed. All out- buildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. 6. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the City of Meridian Ordinance, however in any event no building shall be located on any lot nearer than Twenty (20) feet from the front lot line and Fifteen (15) feet from the rear line nor nearer than Twelve (12) feet from one side lot line with access to public street, not nearer than five (5) feet on other side lines. Not nearer than Fifteen (15) feet from any side street line. 7. CONSTRUCTION: Construction of any dwelling shall be completed including, exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition. The grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 8. LANDSCAPING: Each lot shall have in the front yard seeded (sod) lawns and two trees at least 11" in diameter shall be in place within 90 days after the home is occupied. If lawn and trees are not in place by said deadline, declarant may cause the same to be purchased and place on said lot and charge the cost thereof to the owner of said lot, and such charge shall be a lien on said lot enforceable in the manner of other mechanics` or contractors' liens under the laws of the State of Idaho. 9. No shack, tent, trailerhouse, or basement only, shall be used within this subdivision for living quarters, permanent or temporary. Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said sub- division which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than 8 inches high. • Page 3. BETHAVEN SUBDIVISION #1 9. (continued) Keeping or raising of farm animals or poultry shall be prohibited.' All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and or cats or other pets may be kept at one time, except that a litter of young may be kept until 8 weeks old. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than 5. square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. The provisions of these covenants shall not be deemed to prohibit the use of any single family residences as a sales office or model home for the purposes of sales in BETHAVEN SUBDIVISION. 10. No trailer houses, mobile homes, boats, campers, motor homes or other recreation vehicles including trailers, shall be parked in any street or within building setback lines, and the areas for the storage thereof shall be screened' from view of the streets and neighboring properties with such screening materials as are approved by the Architecture Committee. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, whether temporarily or permanently, nor shall any residence of a temporary character be permitted. No junk or unused vehicles are to be stored on public streets or premises unless in the confines of an enclosed garage. 11. REFUSE DISPOSAL -MATERIAL STORAGE: No lot shall be used as a camping ground for rubbish or as a storage site for building or other materials, trash, garbage ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary container and shall not be thrown, dumped or otherwise dis- posed of upon the real estate. All incinerators or other equipment for the stor- age or disposition of such material shall be kept in a clean and sanitary con- dition with such material being periodically disposed of as required by appropriate local health authorities. 12. FENCES: No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. In the case of corner lots the above restrictions will apply as well as the ordinance of City of Meridian. 13. IRRIGATION. The developer assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: (a) In the event irrigation water deliveries is not provided by the Developer; Page 4. BETHAVEN SUBDIVISION #1 13. IRRIGATION(continued: (b) That the purchaser of the lot must remain subject to all assess- ments levied by the irrigation entity; (c) That the purchaser shall be responsible to pay such legal assess- ments; (d) That the assessments are a lien on the land within the purview of the irrigation entity and as provided by law; (e) That the Developer is not now, nor will it be in the future, responsible for the maintenance of any existing or future irriga- tion systems, canals, or pipe, either running through BETHAVEN SUBDIVISION or any individual lot. 14. Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improve- ments for which a public authority or utility is responsible. 15. ANTENNAS: Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot without written consent from all property owners within 400 feet. 16. OIL AND MINING OPERATION: No oil exploration or development of any nature or kind of mining exploration, development shall be permitted upon the lots in this subdivision. 17. EXTERIOR FINISH: The exterior of all construction shall be designed and maintained in such a manner as to blend in with the existing structures. Exterior colors must be approved by the Architectural Control Committee in accordance with the provision of this Article. 18. Invalidation of any one of these covenants shall in no wise affect any of the other provisions which shall remain in full force and effect. 19. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relating to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these restrictive covenants. This limitation shall apply in particular to locations, public easements and .right-of-ways.where the same are particularly required by such ordinances but -not set forth herein. 20. VIOLATIONS: That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, and other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute by proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. Page 5. 1 BETHAVEN SUBDIVISION #1 21. AMENDMENTS: These Covenants or any provision therof, as from time to time in effect with respect to all or any part of BETHAVEN SUBDIVISION may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy-five (75%) percent of the Lots. Any amendments hereof, shall be first subject to the approval of the Veteran's Administration and the Federal Housing Administration. Any amendment must be recorded, and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. Council Hearing 2.17.81 ITEM: BETHAVEN SUBDIVISION FTNAI PI AT COMMENTS 1. Earl Ward: Sewer System Approved. Lee R. Stucker 888-3553 2695 W. Cherry Lane Meridian, ZD. 83642 2. ACHD: 1. The preliminary plat of the subdivision has been approved and street and drainage plans of phase 1 have been submitted for approval. 2. Developer will be required to make deposit of $6,980.00 to Public Road Trust Fund for future improvement of Cherry Lane fronting prior to certification of the plat. 3. Surety Bonding and Inspection fee requirements have been established. 3. Police Dept.: No Comment 4. Nampa & Meridian Irrigation District: If you have not already done so, please have developer file application with this District in accord- ance with resolution you have received. 5. APA: The following street names are approved: Beth Way; Leroy Way. Elm Av. should be designated "Drive". The small street that runs East West between Leroy Way should be named and designated Drive. 6. Central District Health Dept.: Approve for Central Sewage and Central Water. Plans for Community sewage and central water must be sub- mitted. Street runoff is not to create a mosquito breeding problem. - - - - - Council tabled 2-19-81, - - - - - 2.26.81 Council approved Bethaven Subdivision Final Plat proposal as presented. - - - - - 3.15.82 Council: The motion was made by Kingsford and seconded by Tolsma that Lee Stucker, Bethavin Subdivision, be granted a one year time extension. s' OFFICIALS LAWANA L. NIEMANN, City Clerk A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. February 7, 1983 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888.4433 JOSEPH L. GLAISYER Maroc RE: Correction of Ordinance Number 316A To Whom It May Concern; COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning & Punning On December 20, 1982, the Meridian City Council passed Ordinance Number 316A pertaining to the Second Stucker Annexation. When this Ordinance was submitted to the Idaho State Tax Commission, this number was not acceptable as it had already been used. On February 7, 1983, the Meridian City Council approved the change of this Ordinance to Ordinance Number 419. Please Correct your records to reflect the above. Yours truly, J c� H I C1 ` Clerk C'ty of Mer' ID M. . Q b a r r6 C V) Z C) Q D z w C) U W tY 0 Z Q N F - Z W 7-7c U a r� a ' r 0 +-) tb r d r tt3 C L.1_ U •r 4-3 eL S. 4) n. a r U a) N •r c c O U Cl. +-) O s •r •r N •r +-) •t--) r +-) r✓ b U d--) a) M M rti rn •r N r C N U _ ~ m 4- o S- 4- 4- 3 to 4-3 to r- Q s to U i O tT Q r C a) a O + S_ b i a) a) t to 2 Q. 4J r a) c c v O c to -0 Y •r i N d >> •r •r •r r cm -0 O +--) C� S N C i +•) G C C C :�C W rd 4-) RS rC = ttS r- :9 Q •r •r O r r0 1 S- m b U S_ rt3 (IJ 1.r. .,.._ 4..1 0. 0) =) S.. •N S- S- r17 b C E a) as •r r U OC r •r S- 3 O N C CO O •r •r to a--1 N rd •r 'C7 EC O O Ev E O om, U C a) •r. a '0 N S. C N (0-0 3 C to N b C 4-) fu N c i E •r O O C a U b r- a) i d > O rC3 O a) s s >' +--) a) 4-) 3 ss a -0 E ai Ci S- S- � 'O •r C •r U IiJ r N C O O O O :Fr - U U O) C `1 N to s S- E -0 U N b S- O C S- r to r- 4- +) a) C !` r i r r- to S i O + () a) ro ro _X-- i a. Z" U y s C n U a S. -n_ U C C'_3 N O •+) to -n ra a) r +� a) "O i 41 V) a) -C a--) 4 n_ ..0 i m i O •r V) 4-3V) n_ ro 4--) O a) O Y C C i O .n to UrU r U S_ C O C O Q) O O .r i i Q) C o¢ m -j m -D a' c^ m m Q a r� a ' r 0 +-) tb r d r tt3 C L.1_ U •r 4-3 eL S. 4) n. a r U a) N •r c c O U Cl. +-) O s •r •r N •r +-) •t--) r +-) r✓ b U d--) a) M M rti rn •r N r C N U _ ~ m 4- o S- 4- 4- 3 to 4-3 to r- Q s to U i O tT Q r C a) a O + S_ b i a) a) t to 2 Q. 4J r a) c c v O c to -0 Y •r i N d >> •r •r •r r cm -0 O +--) C� S N C i +•) G C C C :�C W rd 4-) RS rC = ttS r- :9 Q •r •r O r r0 1 S- m b U S_ rt3 (IJ 1.r. .,.._ 4..1 0. 0) =) S.. •N S- S- r17 b C E a) as •r r U OC r •r S- 3 O N C CO O •r •r to a--1 N rd •r 'C7 EC O O Ev E O om, U C a) •r. a '0 N S. C N (0-0 3 C to N b C 4-) fu N c i E •r O O C a U b r- a) i d > O rC3 O a) s s >' +--) a) 4-) 3 ss a -0 E ai Ci S- S- � 'O •r C •r U IiJ r N C O O O O :Fr - U U O) C `1 utpjdxaoN esgapd aangnj aoa UTPjdxH ON ZsPGIP UOMMOo To SUOT4POTpap pasodoad eaagq eat+ *OT utpjdxa ON A4TO aq4 04 SOT4Tuauip TPUOT4P92092 pasodoad aaagq aaV •6 ON ao,T paPTnoad uaaq s4u8u9SP9 TPuoT4Pa2099 OAPH •8 ON 4jaq uaaab TPTquagod P aapaoq gpjd aqq saoa -L UOT4P3TJTSSPT0 buTuoZ buT4STx9 aq4 ST 4pg14 'OTTul TPuoTgoTPST.znC aq4 UTg4Tm qnq s4TwTT 44TO uPTPTaayI age apTsqno ST uorsrnTpgris pasodoad aqq 3I '9 Ir ZpT'uepTsag (s)UOT'4p0TJTsspYO buTuoZ •5 5y c aaop aad A4TSU8U -V .17•e aaop aad sgol •£ 940j 30 aagmnN • Z 5,Tj •xoaddy saa0y •T saanqPa3 uoTSTnTpgnS=ZSI'IX09H0 Mrld AUVNINIU99d MF8qq—auoqdaT0I Z— 17 9dTZUeTPTa9 a vI a 9Z ssaxppv aaxon�s •g aa7� uozjsao ao0 SgZautPN :sbuTTTTq A4TD 9AT9092 04 ssaappP pup auMN •g —IIZ�auogdajay ------ COZr9 dTZ UPI w Tog '�S C� ON L081 ssaaPP�' aopnj, uraT,� aa� ZpeH 'aaauTbuH •5 uulpTaaw aupZ aaaga •M 9Z'ssaappv aaxonq.S •g earl '-4upoTjddV -{v _-- �95c-888 auogdajay Z-79C8dTZ #j 'upTpTaaW auprl Aaaagr) 'M 569Zssa.'PPV atupquaag az N pup xavN Id pup Isnay aaxonjS •W el,g Pup •g serl'Paaoaa go saeum0 •£ Pus as uLq uaemgaq uov�oas jjZeq J0 Is8m auprl Aza9qD epTs'OS 'uOTgpooj TpaauaD •Z UOTSTAlpgnS U9APgq.ag uoTgpxauuy ae%onjS'uoTsTATpgng.puP uoTgpxeuuV go eurpN 'j : NOIZvm03NI 'IimamaJ 'uOT40P uorssTunuoO buTuoZ PUP buTuupjd aqq buTmojjo3 Appsangy '•yj•d 00:5 aaojaq paATaoaa aaP UOTgPquaumoop pup seanpaooad Aapssaoau 9q4 papTnoad sbuT499ui Algquow quanbasgns qP uodn paqoP aq Apw qT ss000ad aqq sa94u9 TPsodoad P aegjv *v •appm spm gsanbaa 9q4 g4UOM 9q4 buTMOTTOJ buT499ui AjglUOtu aq4 qP qsanbea age aPaq TTTm UOTSSTUIMOD buTuoZ pup buTUUPjd aqs •£ •UOTSSTMMOD buTuoZ PUP bUTuuPjd 9q4 90 bUTq@aW aPjnbaa aq4 buTmojjo3 SAPP 9aag4 upq4 a94PT ou UOTssassod sXaaTD AgTO aqq UT ag gsnui TPnoaddP gpjd AaPUTMTjaad aoj qsanbea v •Z •I xTPUaddV 'squ0ut0JTnbag UOTssTuignS '4UaMaqP4s Aotjod AgTO aaS •j :NOIssiwu s wa Haavi aWIS NOISSIMOO JNINOZ aMV 9iSI'DINK'Id ZK'Id AHVNIWIgaHd 'IVAOHddV NOISIAIQHIIS HOa SSM6.R i i. •S9E# aoUPUTpJO ggTM aouQTZdmoo •£ • uPTd anrsu0il9adux00 uPTpTaats 3o AgTO ailg ggTM 90UPUIJOJUOD UT ST asn pasodoad • Z •ggpTM UT 4993 (S) aAT3 aq TTTM sNTPMapTs TTV -aaauTbuS AgTO aqq Aq pauTuraagap aq TTTM= SUOTSUGMTQ •90UPUTpao UPTpTa9W PUP gotagsTQ APMLIbTIJ Agunoo PpV Aq paaTnbaa SP spaPpUPgs og pagonagsuoo aq og alp SXTPMapTs pup saaggnb 'sgano 'sgaaagS •T ZON` Irldw00 3o SSNHWaIVSS SOAPTOUH agPaao gT S90Q OU ou Agaadoad aallgo HOOT puPT TPsodoad aq-4 saoQ •9T ilab T ifiT •ower agPQ SOS paggtuIgns aaOM sguPuanoo anTgoagoad •ui ajq eTjvAv seaAj 11v)dA I VM' •Ituoo guouxdoTanap ao3 buTOUPUT3 3o adAJ • T joj .zed T s%U 81 -es jo autTJ 11e anTuA avd 4@d se Agaadoad 3o abuPa anTPA •x •ole pup s,AH 10J RIPS Xeaa e2vatTIT(--uTPTdxa '�907203 papTnoad uaaq buTxaPd gaaags 33o SPH •C Van009# 68S) OU0 Toa j• l j a eaa I g-UOaj •j3 OZ UTPTdXH SOA SguaMOITnbaa xoPq gas TPToads aaailg aav •T • z pine 2 xoola jo z pine Z SLOT uo STUD SNIPuiaa � �adAy '� A s4Tun aTdT4Tniu aaagq aav -L; ' ou ao3 papTAOad eaP suzagsAs aaTNuTads •b .zasego.krrCt Xq-paUTPguTPM aq TTTM saaa 86euo XQ203 papTnoad aq TTTM saaay •9 •'eTp uT „QT, saaal z gq.TK SUMUT jU0aj pappos a(.j pepeas egTaosaQ ' SOS ao3 papTnoad uaaq svq bu-rdPOspupq •a OU a03 papTnoad sbuTaanoo aaLlgo 9 -TV •p xejdnp • ldv UoLea -nn7 STTviPj 9TSUIS.-09C 9bPgoo3 axenbs sa 'ao3 papTnoad sobPaPb aaV •o (s3uVuan00 aas) 4001 '(s)aangonags 3o abPgoo3 aaPnbs umulTuTW -q ZZ '(S)goT 3o 9bPgoo3 aaPnbs unuiTuTW •P :s9angP93 guawdOTanap pasodoad 'ST axaj na 17 AITWVJ aj UTS aail40 'SaxaTdTgTnw 'saxaTdna 'ATTmRJ aTbuTS (s)buTTTaMQ 30 adAy -VT IVTIuapTsaa '(u0T4PuTgUI00 ao TPTagsnpul 1TPT0a9unu00 'TPTguapTsag) buTpTTng 3o adAs -ET uTPTdxH ' aail40 ' guaUIgjPdaa asTJ ATddnS aagPI4 AgTO ailg og saTgTuauiP pasodoad aagg0 ' ZT UTPTdxH ON sagTs Toogos aangn3 ao3 sguouiaeabP AuP asodoad noA cmi as puvaar uaTpTaay� PaaP ailg aornaas (s)Tooilos gPLI�Vj 'TT • aPfi c i?OT s� iquag -GTSTATngnS :ZSIrI'X0HI 3 IVgd AdVNIWIgUHd Z abed panUTguoo UOTSSTUIUIOD bUTUOZ PUP buTUUPTd :lVgd ANVNTWT'T` 4 2103 ISMO RY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing will be held before the :City. Council of the City of Meridian at the City Hall in the City of Meridian, at the hour of 7:30 o'clock p.m. on the 17th day of February, 1981, for the purpose of approving the Preliminary and Final Plat of Bethaven Subdivision which would p be located, if approved, upon the following described premises: A tract of land in the NW 1/4 of Section 11, T. 3N., R. 1 W., B. M., Ada County, Idaho. C' A more particular description of said property is. on :file at the Office of the City Clerk, Meridian City Hall. Any and all parties interested shall be heard at the above scheduled hearing. a anaL. Niema�h, C ty Clerk Property Owner: Feb. 1, 1981 This is a general physical location of the property referred to in the enclosed " NOTICE OF PUBLIC HEARING" Yours Truly, LRS Corporation D 4eDe Topers of Be haven Sub. Lee R. Stucker, Pres. SUNNYBROOK FARM SUBDIVIDION4, t CHERRY LANE Mi. Linder Rd. kSec .. orner 0. • �,,�. o �aea .O �\ O • , ijj 7 �,� s O� (D C i »O ^t ^ ss ��~ � ! `J '��' ♦O l'1 l� •1 .sr�a •I.: amt • 1 ♦ /V - BETHAVEN SUB ®I VISION 'No I Mi. Linder Rd. kSec .. orner 0. • �,,�. o �aea .O �\ O • , ijj 7 �,� s O� (D C i »O ^t ^ ss ��~ � ! `J '��' ♦O l'1 l� •1 .sr�a •I.: amt • 1 ♦ /V - BETHAVEN SUB ®I VISION 'No I - - N, DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS ` BETHAVEN SUBDIVISION #1, Meridian, Idaho DATED RECORDED INSTRUMENT NO. 1981 1981 1. The undersigned, being the owners of the property hereinafter described, hereby adopt the following Protective Restrictive Covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as BETHAVEN SUBDIVISION #1, a portion of the N31, NW's, Section 11, T3N, R1W, B.M., Meridian, Ada County, Idaho. 2. BETHAVEN SUBDIVISION #1 is divided into single Family and/or two Family (duplex) residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for Twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless sooner terminated by agreement of the owners of seventy- five percent (75%) of the land in the subdivision and are as follows, to -wit: 3. DWELLING SIZE: Ground floor area of the one-story dwelling, exclusive of open porches and garage shall be as follows: Not more than 10% or four 4) homes may be between 1000 and 1099 Sq. Ft., 20% or eight (8) homes between 110 and 1199 Sq. Ft. 40% or sixteen (16) between 1200 and 1299 Sq..Ft. The remainddr must be 1300 Sq.. Ft. or more in BETHAVEN SUBDIDISION # 1 In the case of a two-story dwelling, the lower or ground floor level shall be not less than 800 square feet, total 1400. In the event of a multi-level dwelling, the area of the one-story portion and the area of the upper level of the two-story portion shall constitute a minimum of 1040 square feet. A split entry or split foyer type home and a daylight basement home shall have a main floor areaof not less than 860 square feet. Each single family residence shall have a garage for not less than two (2) cars. With regard to duplex units, each side shall have not less than 860 square feet. Further, with regard to duplex units, each unit shall have constructed a garage for not less than one (1) car. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of covenant, eaves, steps, and open porches shall not be construed to permit any portion of a building, on a lot to encroach upon any other lot. No residence shall be in excess of two stories. New fabricated residence shall have a HUD - FHA structural engeneering bulletin issued and is in current existence. 4. ARCHITECTUAL COMMITTEE: A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with detailed plans of any proposed building to be located -.in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alteration thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Page 2. BETHA,VEN SUBDIVISION #1 4. Architectual Committee(continued): the original Covenants, Said commi- ttee shall have sole descretion to determine what shall be substantial compliance with said Covenants. No buildings shall occupy any portion of said subdivision without the prior approval of said committee. A represenative designated by the majority may be empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom will serve without compensation. No member of such committee, nor its designated representative, shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. The Architectual Committee shall consist of: LEE R. STUCKER - 2695 W. Cherry Lane, Meridian, Idaho LEONARD A. STUCKER - 2490 N. Locust Grove Rd., Meridian, Idaho CARL W. STUCKER - 334 W. Maple, Meridian Idaho 5. OUT BUILDINGS: Only one outbuilding per lot will be allowed. All out- buildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. 6. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the City of Meridian Ordinance, however in any event no building shall be located on any lot nearer than Twenty (20) feet from the front lot line and Fifteen (15) feet from the rear line nor nearer than Twelve (12) feet from one side lot line with access to public street, not nearer than five (5) feet on other side lines. Not nearer than Fifteen (15) feet from any side street line. 7. CONSTRUCTION: Construction of any dwelling shall be completed including, exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition. The grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 8. LANDSCAPING: Each lot shall have in the front yard seeded (sod) lawns and two trees at least 1%" in diameter shall be in place within 90 days after the home is occupied. If lawn and trees are not in place by said deadline, declarant may cause the same to be purchased and place on said lot and charge the cost thereof to the owner of said lot, and such charge shall be a lien on said lot enforceable in the manner of other mechanics' or contractors' liens under the laws of the State of Idaho. 9. No shack, tent, trailerhouse, or basement only, shall be used within this subdivision for living quarters, permanent or temporary. Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said sub- division which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than 8 inches high. Page 3. BETHAVEN SUBDIVISION #1 9. (continued) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and or cats -or other pets may be kept at one time, except that a.litter of young may be kept until 8 weeks old. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than 5. square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. The provisions of these covenants shall not be deemed to prohibit the use of any single family residences as a sales office or model home for the purposes of sales in BETHAVEN SUBDIVISION. 10. No trailer houses, mobile homes, boats, campers, motor homes or other recreation vehicles including trailers, shall be parked in any street or within building setback lines, and the areas for the storage thereof shall be screened' from view of the streets and neighboring properties with such screening materials as are approved by the Architecture Committee. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, whether temporarily or permanently, nor shall any residence of a temporary character be permitted. No junk or unused vehicles are to be stored on public streets or premises unless in the confines of an enclosed garage. 11. REFUSE DISPOSAL -MATERIAL STORAGE: No lot shall be used as a camping ground for rubbish or as a storage site for building or other materials, trash, garbage ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary container and shall not be thrown, dumped or otherwise dis- posed of upon the real estate. All incinerators or other equipment for the stor- age or disposition of such material shall be kept in a clean and sanitary con- dition with such material being periodically disposed of as required by appropriate local health authorities. 12. FENCES: No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. In the case of corner lots the above restrictions will apply as well as the ordinance of City of Meridian. 13. IRRIGATION. The developer assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: (a) In the event irrigation water deliveries is not provided by the Developer; Page 4. BETHAVEN SUBDIVISION #1 lb 13. IRRIGATION(continued: (b) That the purchaser of the lot must remain subject to all assess- ments levied by the irrigation entity; (c) That the purchaser shall be responsible to pay such legal assess- ments; (d) That the assessments are a lien on the land within the purview of the irrigation entity and as provided by law; (e) That the Developer is not now, nor will it be in the future, responsible for the maintenance of any existing or future irriga- tion systems, canals, or pipe, either running through BETHAVEN SUBDIVISION or any individual lot. 14. Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improve- ments for which a public authority or utility is responsible. 15. ANTENNAS: Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot without written consent from all property owners within 400 feet. 16. OIL AND MINING OPERATION: No oil exploration or development of any nature or kind of mining exploration, development shall be permitted upon the lots in this subdivision. 17. EXTERIOR FINISH: The exterior of all construction shall be designed and Maintained in such a manner as to blend in with the existing structures. Exterior colors must be approved by the Architectural Control Committee in accordance with the provision of this Article. 18. Invalidation of any one of these covenants shall in no wise affect any of the other provisions which shall remain in full force and effect. 19. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relating to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these restrictive covenants. This limitation shall apply in particular to locations, public easements and ,right-of-ways where the same are particularly required by such ordinances but'not set forth herein. 20. VIOLATIONS: That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, and other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute by proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. Page 5. qP BETHAVEN SUBDIVISION #1 21. AMENDMENTS: These Covenants or any provision therof, as from time to time in effect with respect to all or any part of BETHAVEN SUBDIVISION may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy-five (75%) percent of the Lots. Any amendments hereof, shall be first subject to the approval of the Veteran's Administration and the Federal Housing Administration. Any amendment must be recorded, and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. 3--j3 (D N) (D 5 00 'i .J. J• C1 3 C1 J. (D J• CL i� J• LO 61 (n N W Ci 1. cc D aZ n. W Q a J• O W N s (D C-+ N W N (D n ID N N W i c< C-,) n -1 z O O O O O N m -+• Cl. N -J (D C rD n (D G C� O (D O W C < (D W (� -5 (D W c+ = W N N = :*: CL W n 'S N Cl O J. (D 7 n to 0 n-3 O (D J. W N C+ N J. O N J• J C-) J. t+ "< t (D z n D D 3 3 n m C� ;a n D -< W;o W m v W r W W (D Cl. Cl (D (D -+• W I O (D -5 J• -'. -5 -. O O (D C = W W 5 -5 (C+ 'S C= (0 -+• O i C n W n N 0- (D -5 W -0 n n_Cl cc W -5 -h 71, O (D O c+ W (n _ I W J O J. J. D L —. :3 'S co i —+ W C W W c+ W m :E: (n (D N ci• -5 71;z C1 (D c+ J. (D =3 n O c•+ i = (D O- O- (n c+ O (D m O n II 1 C7 O (c< + O n.. (n (D (D n C i i W (D fD J• J• V% --s% J• C7 -Is-5 =Y W (D LO Pi J J. (•+ (n S N =r (D (D i -'• (D c+ -h —� N W s J• l'+ O (< (D O p J. -�• D (a O ^S n N = O N 0 V Z ^S O (W --h C=) i = n �J J. (D J• n N cn W W O (D c+ (� QJ J Cl+ J. O (+ _0 n m(D c+ (D n —+ Q C+ J. N c+ RID n W .J J W C-+ C) C-) 0 3 3 m z N D z m C-) 0 3 3 m z 0 D C) z N -+• D J C-) n fD E3 J--0 (D N i = N (D c+ -+• N N O (D =3 =5 O • c+ Z (D CZ -5 (D c+ () 00 C -+a =- (D rD 0 n. 3 W (D c+ ..S J. J. O CL J. N W � W D - 'U O J C W c+ J• J. (n N W Z =5 (D 0--c c N (D O N O C+ (n +. O s• 1 N r (D C-) S (D 1 � I 'S l< r 0 -a W J --h N (D n C+ J• 0 CD •D c+ (D (D -i (D II 0 rD I C+ N J O n W r+ "(D CL r 0 CD V) C+ C n (D D rD X W c+ 0 REQUEST FOR SUBDIVISIO14 APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. Commission will hear the request at the monthly 3. The Planning and Zoning meeting following the month the request was made. 4. After a proposal enters the processit may be acted upon atnsaree�uent eceivednthly se meetings provided the necessary Procedures before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, Annexation Bethaven Subdivision and Inde Rd 2. General location, So. side Cherry I� ne, west �f half section between Lin er 3. Owners of record,Lee R. and Fae M. Stucker Trust and F. Mark and N ie Burnham Lane Meridian, Ids zip836� 2_ Telephone 88$-3553 W. Cherry Address2695 licant, Lee R. Stucker Address,2695 W. Cherry Lane Meridian 4. App 5. Engineer, Neal Eager Firm Tudor Address 3.802 No. 33 5t. zip 83703 Telephone 34.2-5511 Boi (Lee R. Stucker, 6. Name and address to receive City billings: NameLRS Corporation Address 2695 W Cherry Lane MeridianZTelephone 888355ip83642 p PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres AAprox. 11.5 40 2. Number of lots 3. Lots per acre 3.4 4. Density per acre 3.75 5. Zoning classification(s) Residential 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt No o 8. Have recreational easements been provided for 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain (1) If OFFICIALS LA WANA L. NIEMANN, City Clerk A. M. KIESERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART. Water Works Supt. JOHN O. FITZGERALD, Attomey ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. HUB OF TREASURE VALLEI' A Good Place to Lave CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888.4493 Mr. W. Neal Eagar Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 Dear Neal: JOSEPH L. GLAISYER Mayor January 19, 1981 Re: Bethaven Subdivision Meridian, Idaho COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. DONALD L. SHARP Chairman Zoning & Planning Attached is a set of review plans for the subject subdivision sanitary sewer and domestic water system design. This review set contains comments made by myself and Meridian City Water and Wastewater Department heads. I think in general the comments are of a minor nature. Because of the depth of the detention pond I have some real concerns about the ever present ground water and subsequent probable mosquito and pond weed growth. This situation (maintenance) needs to be addressed on a very positive level by the developer prior to plat approval. I have not received a large scale drawing of the subdivision plat but I do have some comments based on inspection of the 111=300' plat that I did receive. 1. The temporary turn -a -round at the South end of Beth Way needs to be shown on the plat just in case the unplatted adjacent property should change ownership prior to its development. 2. I don't understand the driveway restrictions placed on Lot 1 and 2 of Block 6. Should this be Lot 1 and 2 Block 1? 3. Easement Note: The Subdivision Ordinance, Section 9-607:2(b) par- tially states "where alleys are not provided, easements of not less than ten (10) feet in width shall be dedicated on each side of all rear lot lines, and five (5) feet on each side lot line where neces- sary for poles, wires, conduits, storm or sanitary sewers, gas and water lines." Additionally the following note needs to be added to include the additional five (5) feet required for a public right of way easement on each side of the dedicated right of way. "All lots are hereby designated as having a permanent public utilities, drainage, irriga- tion and public right of way easement over the outer five (5) feet of each lot that is adjacent and parallel to any street that is dedicated to the use of the public." Mr. W. Neal Eagar -2- January 19, 1981 4. I would assume that a lot access restriction from Cherry Lane needs to be placed on Lot 1, Block 1 and Lot 1, Block 2. 5. List "Duplex Lots" designation in notes. If you have any questions concerning these comments or those on the review set of plans, please call. Please return this review set to me with your resubmittal. Sincerely, CI OF MERI/D�^IAAN' / �11c1�^i'vW7= Gary Smith, P.E. City Engineer GDS: dm bcc: Mayor & Council Earl Ward Bruce Stuart Chief Welker ." ATTORNEY CROOKSTON JR.: BETHAVEN SUBDIVISION ` s PER Neal Eager, Engineer and documents on file; y*, •° Bethaven Sub, Y's located South of Cherry lane, the half section between Linder and Ten Mile It W. of Per your Notice of Public Heartng.for Annex (Nov. 77) and Corrected Ord. #316A (ani 6� 1978�� WA trach pf 1and fin tie NIS 114 of Section 11, ` Ada County, Idaho" Tt 3N`, R, iw,, �sMt Y tf •_ e t the a $cu r esC i;pt �An i s on f1 a A more p. rt 1a. r �:a Mer divan CitiHall 11 City' Clerks Offtce. ." A 4 .1 � • k 5 L _tJ it Y 1 •_ �:a F � y � f I d t A Chuck Kingston 2591 Rebecca Way Meridian, Id. 83642 John White 2587 Rebecca Way Meridian, Id. 83642 Fred Blackburn 2583 Rebecca Way Meridian, Id 83642 Jack A. Charters 2579 Rebecca Way Meridian, Id. 83642 Norman Williams 2575 Rebecca Way Meridian, Id. 83642 Kenneth Highley 2571 Rebecca Way Meridian, Id. 83642 Doug Jackson 2561 Rebecca Way Meridian, Id. 83642 Kevin Koomler 2541 Rebecca Way Meridian, Id. 83642 Remap P.O. Box 746 Boise, Id. 83701 Larry Leonardo 2481 Rebecca Way Meridian, Id. 83642 Dwight L. Potts 2461 Rebecca Way Meridian, Id. 83642 BETHAVEN SUBDIVISION Lee Stucker Developer Jim Hugo 1602 Todd Way Meridian, Id. 83642 Tom Freeland 1632 Todd Way Meridian, Id. 83642 Mike Vajda 1662 Todd Way Meridian, Id. 83642 Pat Weigel 2462 Rebecca Way Meridian, Id. 83642 Dorsey Archer 2482 Rebecca Way Meridian, Id. 83642 Stephen Mestas 2512 Rebecca,Way Meridian, Id. 83642 Randy Leighton 2542 Rebecca Way Meridian, Id. 83642 Hugh Hartman 2568 Rebecca Way Meridian, Id. 83642 Patty Vanshur 2578 Rebecca Way Meridian, Id. 83642 Sid R. Burgess 2567 Rebecca Way Meridian, Id. 83642 ■ • 3 v :.� n n ---i (D N (D O O O O 1 00 -5 c O --A IJ C) Glia n -'•O .. J. (D W a N a 'S s1 (D C rD V a Cl) 0 d 3 a (D rt U0 `<( ZY 0 (D -� S co rD rt W C07 --3 ON cO =Y' (D O -P. a C N Au < 5 C (D J a -Z a n n C< O O. n OC a- b S J. F3 :D i7 R] x J. J. (v C+ CO (D a N N C) � rye R � as = CD 5 N d a O -0 0- O_ CL (< J. (D W -S �n 7c O (D CD 3 a '0 n 3 _ O (D cn O C J O Q - D J. a N Ct J. Q CA -.0 -1 S 0 0 - N S O � a C J• J a C+ J J• m L N (D L<(D n d Q a ci a 0 a_ N (D 0 Ct N CL N (D n rD N N a Z C") n n 3 3 J "S IJ C) W ;)o W sv � rD .. Cl) (D d r1 (D (D w M:5k O O• 0 (D -� S O O (D C07 --3 O CL = a a ^s c+ S C LO -+• 0 -Z C n CL Qj n N a- (D S :D :D i7 C+ x J. J. C (D (D O C) � rye R O = (D — (D a 5 -0 M O_ CL J W -S -fi 7c O (D CD (rt a '0 (n _ C -t cn O a J O J• - D :c J. Q CA -1 S •O - C - t S —+ a C a a C+ a m L N (D C/) & 1-5 7\ CZ (D C+ (D CL (D O O O r+ -S O (D O' o- N r* O (D m O n O U O C+ O 0- LO (D (D n C 7 =s - — n ,r- • , i J. J. ..r. ,< -0 V) •'S J• 7r -1 > CL (D tl1 ^•• u1 (11 it, '"•' b N O O n O O O C+ O -S -1 N -+ • n D .7 J. (+ :O S N S (D (D i (D Ct •-h N -' a 5 J• C+ O (D O 0 -�• << J J. n c0 O 'S -5 W (D (l n N C) N d E3 Z 'S O a --h CD 'S S n J. (D J• n N C U a Di O (D r+ n a J C+ J. 5 C1• C+ -+. S O r+ -0 n -1 r+ (D n J _0 C+ J• J• r} C 5 J. PQ n ')1 C-+ J• C- a v3 C.+ C) W N co • • O �a t^'J V 0 rt o a ro to o ro �s o 2 rt LQ �-• cz F) 0 � AFl l O(t �M (D (D �N (D Pi rf fQD N N• 0 in o En rt N to rt (D°) F - En � rn (D (D m o �MO'j• y�yy N O cn CL A. � :E O _ c< 00-0 c�Jn (D S O (D N Z � N (D c+ J. N (A O (D 0 0 0 Ct -5 (D 0- -5 (D C+ n o 0 C+ 3 = (D (D 0- 79 a (D cti .5 J. J. O N a � (v 0- -0o J C Q% l+ J• CO N a -5 =3 (D Q -0 C N (D O N O C+ 1 N �O 1 N �rD C-) s r O -h P) fi N (D n C+ O •3 cr (D CF :E (D (D S (D 0 0 rD Z Ct Ln 0 n W C-+ YD n. r (D N C+ C n (D M x f1 C+ 0 • "S J C) sv (n rD .. M:5k a < (D Z CL C) CL X X x x � rye R r� (D X J C:):>< �. a x� i X Q �R y+G x D C^l l� w a. a J. rt O O w .J N s (D (D rt N w N (D N (A a C7 m z N D Z M 0 3 3 M z 0 D --i O z : D C-) —J n (rD a J."O (D N'i :3N (D C-+-+. N N O (D O O O i S (D a� (D c+ n O O M"rD (D Q 3 w (D rr s J. J. Q Q. J. N w � w o- o �c w rh (l' J. J. Lo N w Z CD a-0 c N (D O N O rr N � 0 a 70 (D (D I C'+ (D .r o � n I � w rr KD CL O s (D w -y+ N I c N n 0 m C+ J. O D 0* (D rD X C+ w G (D J. (D O :3 =3 D CD =5 o :3 :3 rt cn rfr O- CD w Z n N 0 N r%) (D 0 0 0 O 5 W "1 �. . Ln C1 3 CL n J. O ci O I=L LA O 0 g w -' ((D -s m a� Q N fD iJ ® ((DD c®6 -S O �• O -s o a w -s -s c w n N ar (D ct J. -p rD W Q - J. J. `rJr as -3 n -h 7C ci (i ® -� rh �- m _ -j .-+ a rt b C ) O C1 J. O.. J. D � 0 � a � _O J � = w 1 iT � I 0) J �� w c w w rt to m E N (D (n + ^S rl J. c< cu ::E rf 3 (D O � O c+ -s O (t! O' or to c+ a (® n n n (n 00J, � rt O (L (A .J (D (i 0 C � (1 c0 � W fD CD O O n O O n E c+ a � N"I1 cn to O' (D O sw O O. J. N C+O x N 5 (D (i h J. N J N N -S J. r+ O << (D O O w (D o. a n n (A =- o a E3 -s c+ N E -h o --h o �. 3 -mss x o l< J. (D n J. t� O w w c) (D rtr+ as J J. -1 �p w N rF C+ J. N ^ J N O J. S O ZE 4 w O J. (D O C3 I N C1 (D n J. CT "5 cam+ 3 l< J. (D N n rr J. C-) (D / 0 CZ a N J♦ J. O O O N O "L O + J 10 .J c'�� cr trt rD D C^l l� w a. a J. rt O O w .J N s (D (D rt N w N (D N (A a C7 m z N D Z M 0 3 3 M z 0 D --i O z : D C-) —J n (rD a J."O (D N'i :3N (D C-+-+. N N O (D O O O i S (D a� (D c+ n O O M"rD (D Q 3 w (D rr s J. J. Q Q. J. N w � w o- o �c w rh (l' J. J. Lo N w Z CD a-0 c N (D O N O rr N � 0 a 70 (D (D I C'+ (D .r o � n I � w rr KD CL O s (D w -y+ N I c N n 0 m C+ J. O D 0* (D rD X C+ w G (D J. (D O :3 =3 D CD =5 o :3 :3 rt cn rfr O- CD w Z n N s Q) E3 m -n O I` 1 00-1 O• O -i. O N a- 3i C L • J, ('D J, Jr in a ^s 0) -J m C z n b D 3 C) m Cr ;o t") D> -< w;a w o-) ;a C� m r w O J.O ^5 "5 QJ m C1 0- m m Cv + O =r rD 'S -- -- 'S -- O O m c m m m a O 0 w -5 -1 c+ ,5 C Lo -�• � -5 c n •J 0) n N O' m -5 J. -q a 'o c+ J. J. << - ( m (D O o — O S rD •-i Di —J Cu c+ CL -5 v n C1 0. (M -5 -h 71Z O m C, c+ CL -O V) s o s a l< a- s a — O J. J. D :E: O -s w -s S •a J• -o o c< a) 3 — a c a 0 c-+ a m:E: N m N c-+- -s 7, a rD c-+• -- V) O `G c+ m O O : c+ -5 O m S Cr N c..). O m J• C,7 O n "o 00 r!• J. m c+ 'S p O c -F O Ll to —+ m m n C O F n = w . O' c-< J. S. �. c< -p N S J 7r -S -5 a (D c0 -+• 2) (D )D ON Lr] =7 m O C1 !n O O n O 7 m `E c-+ O •'S -5 N �. S Ar c —. C+ LO 2 Ln ::rm rD 'S —. m c+ --h —� V) N W < -0 "5 IW••5 -�• c+ O << m O O O -�• << rD , O J• D co o -5 -5 CL m Cz a n n N = O u) Q -5 `+ a "' N o �' s o -h o b G J. F j 2 n (< O -5 :3 rD J• m J• n N O J. �a O cn 0 w p m c+ (� O Cu c+ a --+ c+ -S co :3 a cn c+ c+ J. to J. z C1 CL O�• C+ M O O O 'S N C1 (D n o v -o c+ J. O -5 -+• c-+ 3 (< J. rD (A O n ct J• C-) n -n O (D c+ J• � O C1 Cu J. CU V) C••+ (n J• J. O o w N C+ D `6 C) 00 C-) << cr m D n �•� D -i C1 O O --:3 O S Q m •.fl J` J Q (D Jr w m n n n p z O 0' O rD cn 5 aN mm3 S�. -0 J. y, -0 rD 0) m rD -h D O z +n m c+ C7 c-+ C7) O p J• (n V) =r �G O (D D 0 O O O J. �• m c+ -5 (A O v) n m � w < C) Ci -5 3 — m m 3 m r- o a rD 3 c+ n O n -p C+ m o o (D o, 'n CD a no c•+ -ro cam-+ pi b O- rD a 0- c V) m o . ►-+ m O C1 Z (DD rDc-+c+ ((DD DL n N -5 J• (D m •• J• O A) J • (A C1 O (/) O V) �• V) --h L C CL N n c� v o n rD -5 c-+ m ¢1 c+ J. J O y J. C+ J. =r J• J. cr m C:) LO to m x C+ SL C CN m O m rD J. • o --o m o w N m p, O N O c+ Q) E3 m -n O a . REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision,Stucker Annexation Bethaven Subdivision 2. 3. General location, So side Cherry Lane west -�f half section between Liner a.n�i len Owners of record,Lee R. and Fae M. Stucker Trust and F. Mark and N ie Burnham1le Address2695 W. Cherry Lane Meridian, Ids. Zip83642Telephone 888-3553 4. Applicant, Lee R. Stucker Address,2695 w. Cherry Lane Meridian 5. Engineer, Neal Eager Firm Tur?or Address i802 No. 33 St. BoisE, Tris Zipg Mpg Telephone 342-5511 6. Name and address to receive City billings: Name LRS Corporation (Lee R. Stuc Address 2695 w. Cherry Lane MeridianZ1P8364.2 Telephone 88g-3553 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres Approx. 11.5 2. Number of lots �'o 3. Lots per acre 3.4. 4. Density per acre 3.75 5. Zoning classificatiori(s) Residential A 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain (1) i REQUEST FOR Y_I L1M1NARY PLAT: Planning and Zoning Commission continued Page 2 PRRT.TMINARY PLAT CHECKLIST • Sub . ' 11. uivisiTirtTec �tIFAs 1MWei AMe What school(s) service the area Meridian Jr.and Sr., Wo you propose any agreements for future school sites No , Explain 12. Other proposed amenities to the City Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other 35 Single family 4 Duplexes 15. Proposed development features: _ a. Minimum square footage of lot($,), 7225 b. Minimum square footage of structure(s), 1000 (see covenants) C. Are garages provided for, yes quare footage 360—Single family d. Are other coverings provided for no - eac apt. duplex e. Landscaping has been provided for yes Describe seeded or so6ded front lawns with 2 trees 1�" in dia. f. Trees will be provided forby ,, purchaseiPrees will be maintained by ,,ser g. Sprinkler systems are provided for no h. Are there multiple units yes Type duplex , remarks only on lots 1 and 2 of Block 1 and 2. i. Are there special set back requirements yes , Explain 20 ft. front 1 rear, ft fromone-sidea #6covea j. Has off street parking been provided for yea Explain Dbl. garage rear yard for RV's and etc. k. Value range of property as per par value att time of saleper lot 1. Type of financing for development Conv.,FHA, VA(all types avaliable) m. Protective covenants were submitted yes , Date Jan. 14,1981 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. Compliance with Ordinance #365. CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Rezone # Conditional use # tsubdi 1215 I Preliminary/Final/Short Plat 1.' We have no objections to this proposal. 2. We recommend denial of this proposal. Return to: Boise _ Eagle 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. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: Central sewage _Interim sewage _Individual sewage nd NCentral water _Individual water _Community water well. 8. P ans for 'Community sewage _Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. Reviej'ed by : /bat PROPOSED SUBDIVISION NAME: DATE REVIEWED: 1/20/81 MERIDIAN CITY COUNTY CITY SUB # SUBDIVISION EVALUATION SHEET BETHAVEN SUBDIVISION NO. I XXXX PRELIM: FINAL: XXXX REVISED AI ENDED AS A RESULT OF A MEETING HELD THIS DATE BY THE SUBDIVISION EVALUATION CONDI rTTEE, IT IS AGREED THAT THE APPROVED SUBDIVISION NAME IS: BETHAVEN SUBDIVISION NO. 1 AND THAT THE FOLLOWING COMMENTS AND APPROVALS ARE MADE REGARDING THE SUBDIV_TSION, THE FOLLOWING STREET NAMES ARE APPROVED: BETH WAY LEROY WAY ELM AVENUE SHOULD BE DESIGNATED "DRIVE". THE SMALL STREET THAT RUNS EAST WEST BETWEEN L'EROY WAY SHOULD BE NAMED AND DESIGNATED DRIVE. THE ABOVE COkflI DENTS HAT' BEEN READ AND APPROVED BY /. ®v FOLLOWING AGENCY REL'RESENTATITIE'S': ADA PLANNING ASSOCIATION: � (®�--- BOISE FIRE DEPARTMENT: PUBLIC WORKS DEPARTMENT: ADA COUNTY ENGINEER: ******N 0 T E****** A COPY OF THIS EVALUATION SHEET MUST BE PRESENTED TO 1THE COUNTY ElilNEE: AT THE TIME OF SIGNING THE SUBDIVISION PLAT, OTHERWISE THE PLAT WILL A70T BE SIGNED. b9p W rD N (D -s 00 -s J. J. a: a w-sw a� vo w 00 W , O O) <a N w a A O CGI A CL CL w CL a C+ O w .J s O O C-+ W w rD n rD w c� nn0 --� 0 a m (A --+ rD C :z C-) A A 3 c') m L A m A¢ W ;a m C C� m r W "S i w rD Ci a rD (D -3• w O S O rD "S -• -• -S O O rD C OrD (D a = w w -S -5 LO -• c O -s C 0 w n o Cr rD -s O � a -0 M. t rD rD :3 40 =5 =- rD - rD w r+ � - o Cl+ 0i �+ cn ( 1 � Qr =r I w p J. J. A J. i 7' _0 •--�• C+ = << w 3 —� w c w w C+ w m X: N (D rn c-+ -5 ;lK CL rD c-+ rD cv :E r+ rD :3 O O c+ -5 =3 rD O- Cr cn c+ O (DM =3 -g - (D r+ s C) c-+ O CL la --� rD rD r) C :3 � O ri j- -n - = << J. J. J. r< 'U N '5 J• 7c- "S -1 .O' w CD to W rD cD O' rD O Q (n O n 3 = (D < C+ O -5 -j fn -1 O w C J• c+ L1 S (n =r fD rD -S J• (D c+ -+ C < -0 -S w -1 -+• c - O << rD p 7 O J. << J - (o J• s d � .S w rD r)• r Di C 0 (Ai o ci D -z S - << O r+ to :E -h rn V _ o -s o -r, v (w ..5 :3 rD J• rD J• r) to n:3 u] w Cu O CD r+ n C w C+ w - c-+ J. -S 3 � w N c+ c+ J. to . cn = -+• s O c+ 'v 0 n i a w O = -5 'S r+ . rD C) J• (D 1 N a (D C) —� O v 'O c+ - +• �. C-+ 3 (D L 0 c-+ J. n C) -n o rD r+ J. C a . Ap w j�s J .§• J;p O cr 'to z rD _ LO y A CD -h O •=3 r/) s o m :9 O < 7S .Q r< J p rD J ,;Z3 -v c+ w CD '<. m --�o A s n —� o - m (D 0 O C z o 0-0(D N W -1 si cn -i SZo -5 0-0 N 3 a -0 -. (( DD _ m 1j 3 0m-sw �' '�'-1� = -s � m O w < z W CD r ('7 C+ w ; :a "O ° h lDO rD CCD m D C �G C:7 (D =S m r+ Z :3 -S v) O O 3 ck C) J A fL ci -CJ w 3 m C I O O O O o, .-� c+ s -a zx s r -r o, n ;v r+ —c -5 O r+E x ;a w 'Z r. CD A = rD CL C x r -c 0 (D 0 w -i (D :3. _, x Z Q- w+ O ° X X (D O c+ �< (3D r+0) CCD p, �A I Q J J.' Vi -S J =- (D x c -� c O a J. p, _ x C) c+ � O :3 N z J. _a N _p C �• O i CD ru O w � (D INS �-+ c+ (n o p 0 rD C+ -I CD ,Ni o w r+ A x W i r+v cF O A �• -G 1-•4 s$ J• S _ n S J. � J. of (D + --i w v, m w cn cn (D x w x v < w g r+ << x CD v N rD O rD (D J. x 00 -u (D CL -a rD O w ><W N c+ lfl O N Cl.4x N n S w O rt 9t CD < G 1 x -c• 0 (D w x < c+ O CD a 00 DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS BETHAVEN SUBDIVISION #1, Meridian, Idaho DATED , 1981 RECORDED 1981 INSTRUMENT NO. 1. The undersigned, being the owners of the property hereinafter described, hereby adopt the following Protective Restrictive Covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as BETHAVEN SUBDIVISION til, a portion of the N', NW's, Section 11, T3N, R1W, B.M., Meridian, Ada County, Idaho. 2. BETHAVEN SUBDIVISION #1 is divided into single Family and/or two Family (duplex) residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for Twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless sooner terminated by agreement of the owners of seventy- five percent (75%) of the land in the subdivision and are as follows, to -wit: 3. DWELLING SIZE: Ground floor area of the one-story dwelling, exclusive of open porches and garage shall be as follows: Not more than 10% or four (4) homes may be between 1000 and 1099 -Sq. Ft., 20% or eight (8) homes between 1100 and 1199.Sq.,Ft. 40% or sixteen (16) between 1200 and 1299 Sq.,Ft. The remainder must be 1300 Sq. Ft. or more in BETHAVEN SUBDIDISION # 1 In the case of a two-story dwelling, the lower or ground floor level shall be not less than 800 square feet, total 1400. In the event of a multi-level dwelling, the area of the one-story portion and the area of the upper level of the two-story portion shall constitute a minimum of 1040 square feet. A split entry or split foyer type home and a daylight basement home shall have a main floor areaof not less than 860 square feet. Each single family residence shall have a garage for not less than two (2) cars. With regard to duplex units, each side shall have not less than 860 square feet. Further, with regard to duplex units, each unit shall have constructed a garage for not less than one (1) car. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of covenant, eaves, steps, and open porches shall not be construed to permit any portion of a building, on a lot to encroach upon any other lot. No residence shall be in excess of two stories. New fabricated residence shall have a HUD - FHA structural engeneering bulletin issued and is in current existence. 4. ARCHITECTUAL COMMITTEE: A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alteration thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Page 2. BETHAVEN SUBDIVISION #1 4. Architectual Committee(continued): the original Covenants, Said commi- ttee shall have sole descretion to determine what shall be substantial compliance with said Covenants. No buildings shall occupy any portion of said subdivision without the prior approval of said committee. A represenative designated by the majority may be empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom will serve without compensation. No member of such committee, nor its designated representative, shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. The Architectual Committee shall consist of: LEE R. STUCKER - 2695 W. Cherry Lane, Meridian, Idaho LEONARD A. STUCKER - 2490 N. Locust Grove Rd., Meridian, Idaho CARL W. STUCKER - 334 W. Maple, Meridian Idaho 5. OUT BUILDINGS: Only one outbuilding per lot will be allowed. All out- buildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. 6. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the City of Meridian Ordinance, however in any event no building shall be located on any lot nearer than Twenty (20) feet from the front lot line and Fifteen (15) feet from the rear line nor nearer than Twelve (12) feet from one side lot line with access to public street, not nearer than five (5) feet on other side lines. Not nearer than Fifteen (15) feet from any side street line. 7. CONSTRUCTION: Construction of any dwelling shall be completed including, exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition. The grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 8. LANDSCAPING: Each lot shall have in the front yard seeded (sod) lawns and two trees at least 11-2" in diameter shall be in place within 90 days after the home is occupied. If lawn and trees are not in place by said deadline, declarant may cause the same to be purchased and place on said lot and charge the cost thereof to the owner of said lot, and such charge shall be a lien on said lot enforceable in the manner of other mechanics' or contractors' liens under the laws of the State of Idaho. 9. No shack, tent, trailerhouse, or basement only, shall be used within this subdivision for living quarters, permanent or temporary. Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said sub- division which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than 8 inches high. Page 3. BETHAVEN SUBDIVISION #1 9. (continued) Keeping or raising of farm animals or poultry shall be prohibited." All dogs and cats or household pets kept on these premises shall.be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and or cats or other pets may be kept at one time, except that a.litter of young may be kept until 8 weeks old. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than 5. square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the ouiner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. The provisions of these covenants shall not be deemed to prohibit the use of any single family residences as a sales office or model home for the purposes of sales in BETHAVEN SUBDIVISION. 10. No trailer houses, mobile homes, boats, campers, motor homes or other recreation vehicles including trailers, shall be parked in any street or within building setback lines, and the areas for the storage thereof shall be screened` from view of the streets and neighboring properties with such screening materials as are approved by the Architecture Committee. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, whether temporarily or permanently, nor shall any residence of a temporary character be permitted. No junk or unused vehicles are to be stored on public streets or premises unless in the confines of an enclosed garage. 11. REFUSE DISPOSAL -MATERIAL STORAGE: No lot shall be used as a camping ground for rubbish or as a storage site for building or other materials, trash, garbage ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary container and shall not be thrown, dumped or otherwise dis- posed of upon the real estate. All incinerators or other equipment for the stor- age or disposition of such material shall be kept in a clean and sanitary con- dition with such material being periodically disposed of as required by appropriate local health authorities. 12. FENCES: No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. In the case of corner lots the above restrictions will apply as well as the ordinance of City of Meridian. 13. IRRIGATION. The developer assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: (a) Iin-the event irrigation water deliveries is not provided by the Developer; Page 4. • BETHAVEN SUBDIVISION #1 13. IRRIGATION(continued: (b) That the purchaser of the lot must remain subject to all assess- ments levied by the irrigation entity; (c) That the purchaser shall be responsible to pay such legal assess- ments; (d) That the assessments are a lien on the land within the purview of the irrigation entity and as provided by law; (e) That the Developer is not now, nor will it be in the future, responsible for the maintenance of any existing or future irriga- tion systems, canals, or pipe, either running through BETHAVEN SUBDIVISION or any individual lot. 14. Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improve- ments for which a public authority or utility is responsible. 15. ANTENNAS: Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot without written consent from all property owners within 400 feet. 16. OIL AND MINING OPERATION: No oil exploration or development of any nature or kind of mining exploration, development shall be permitted upon the lots in this subdivision. 17. EXTERIOR FINISH: The exterior of all construction shall be designed and maintained in such a manner as to blend in with the existing structures. Exterior colors must be approved by the Architectural Control Committee in accordance with the provision of this Article. 18. Invalidation of any one of these covenants shall in no wise affect any of the other provisions which shall remain in full force and effect. 19. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relating to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these restrictive covenants. This limitation shall apply in particular to locations, public easements and -right-of-ways. where the same are particularly required by such ordinances but'not set forth herein. 20. VIOLATIONS: That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, and other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute by proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. Page 5. BETHAVEN SUBDIVISION #1 21. AMENDMENTS: These Covenants or any provision therof, as from time to time in effect with respect to all or any part of BETHAVEN SUBDIVISION may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy-five (75%) percent of the Lots. Any amendments hereof, shall be first subject to the approval of the Veteran's Administration and the Federal Houaing Administration. Any amendment must be recorded, and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. Meridian Cit 1 Hall 7 i February 19. 1981 Williams: Are there any other comments regarding the hearing of Meridian Business ,and Industrial Park Final Plat?"' Albert Baer: "We live across the street and I would like to know where they are planning their streets, we live just east of the cemetery and wondered where they are coming out with their road onto Franklin." ' Dennis Burton (CH2M): "About 290 feet from the edge of the block factory" Burton pointed out entrances to the business park on map. Baer: "We do not wish to have some high rise building right in front of our house Williams:"They cannot put any high rise buildings in the business park" "There will be acceleration and deceleration lanes?" .,Burton: "Not as such, what it is is a widened curve - it is not an additional lane, The streets will be built: the 50 foo: right-of-way standard with a 5 foot easement °". on both sides inside the park." i The widening of Franklin was discussed and thought to be a 80 foot right-of-way. Brewer: "As I recall,you have gone through Ada County with the acceleration and deceleration and they didn't .think it was needed at all?" d Burton. (Nods agreements "That's where., this sweeping curve comesin s r Brewer:` "These people have been before,usnumerous times and'I4think very good° o t w work with and the additional seven'acres`is just going to be an.iTproVement -to., �w ad very good roject. . p: .....a�, l 1 t ams:"Any other publ`i c comments? Ashbaugh: . "I would like to �knw how many entrances off from Franklin Road tri l 1 be ; `,'.Burton:"There are two (2) main ones with three (3) additional proposed. The ;.,Ure.uirement we have is that all accesses be reviewed by Ada County Highway - they ".Dave been reviewed in concept form and final curb cut form." There will be at least As many shown on this plan, spaced at approximately 2'a0 feet. The'small one shown., will be private, 6t a public right-of-way." killiams: "With this plat we have design review -and landscape plans -to be submitted." 'i Williams: "Are there any other comments regarding l+e Meridian Business Industrial Park There were none...' "Hearing is hereby closed." ,& The Motion was -made by Orton ark+ s4conded by Brewer that the Preliminary and Final Plat, a of Meridian Business and Industria: Park subject to Ada County Highway District approval, design review, review of variances_bf lov lines , and comply with allCity Codes and New Ordinances, be approved. Motion Carried: Kingsford, yea;; Orton, yea; Brewer, yea, Williams, yea Agenda tl. 5 Bethaven Final Plai; Hearing ,, r, IZ� Orton: "I have a conflict of interest and abstain from decision as my firm does represent Bethaven Subdiv.ipion." { Williams- "Please Note"that "Tr. Orton has abstained from any decision and I now' 4, call the public hearing, for Bethaven Final Plat open for public comment i Lee Stucker, Developer and Neal, Eagar, Tudor Engineer, were present to request Final'`.,. 'j Plat approval of Bethaven Subdivision located West Cherry Lane, across from *4, $unnybrQok Farm Subdivision. :. Stucker: "We have presented most of our material to you and tal.ked,to you before, and have presented requested material to all of the different agencies. We have not'`'* ,k 'heard again from Nampa -Meridian Irrigation District but Eagar has had all necessary response from Ada County Highway District." n Williams:" You have ,changed the restrictive covenants in order to comply with the 4 t w�j. minimum square footage City Ordinance. There is one problem though and that is in regard to duplexes.. With regard to duplex units 'each side shall have not -less than 4r. ;8fO square feet'. The minimum that the ordinance requires goes back up to No. 1 f° '.no more than 10% may be between one thousand and one thousand and ninety-nine square feet' - this applies to all residentional units whether they are single family or multi -family dwellings." "Settler's Village sq. footage was before this transiti,t or before this minimum sq, footage Ordinance was ad.opted." t Uj ry alfytity Hall 0 • February 19, 1 3r ' Kingsford: "Isn't it also the case that you have to designate which lot and block these ,particular percentages fall into?'" Stucker: "I would have to .give that to you, there would be a slight adjustment." Kingston: "It would have to be desingated upon the plat approval." `{ a' Attorney Crookston confirmed the percentage square footage would have to be designated before approval. There was discussion concernirci the duplex lots and the dispersing the required 'w- r ", percentage through the Subdivision. lxaf�' Eagar: "In this particular case the reason for the duplex<.*development where it is, is to serve as a buffer from the high traffic area, or what might be a high traffic area on Cherry Lane." aw, Crookston: "There would have to be a variance from the Ordinance"(re: dispersing minimum percentage sq. footage throughout) Brewer: "Wouldn't that be a dangerous precedence?" Williams: "We are talking about the lower end of the spectrum of all four units - the 10% being up front and then the remainder being dispersed to the Subdivision too.. Kingsford: "Lee, all of your figures would have to be adjusted to include these duplex units" Stucker: "The duplex lots would take in4 alli of my 10%, or all of my smaller units." k rigsford "You �a, be sure where .w , 6`detigrate the percentages as any` h change would requinft;pl�at amendment." W lliams: '"Is there anyone in the ublic that wishes to comment on Bethaven Subdivision' Jackie Burgess: "I live 'in Sunnybrcok Farms,Subdivision and I have received a certified letter for this hearing. The term duplexes kind of made me boil, I am not " objecting to the land being developed, but I am concerned of the value of my property because of what. they are;putti,ng in there - and if it -could be kept up to the,same standards as `our_S-ubdivision." ;W11IJ ams "This"Ordinance that we have regarding minimum dwelling unit size with percentages we hope will address that situation, realizing there would be some smaller homes within the subdivision but limited the Number, and having them dispersed so that we don't. have a ' ' quote . Lcompl ete -1 ow cost ,housi ng subdivision,". ' y .%t gess: "Then '.they are plahn�ng some smaller houses than what we !ave in our .subdivision? Kingsford: ""It will be size -wise comparable." Williams: "There will, be `four (4) duplex lots out of a 40 lot subdivision." Burgess: "Will thes6 be on Cherry mane?." Stucker: "They will not open onto'herry Lane, one side of them will be adjacent to' Cherry Lane:" The new City Ordinance regarding policy of square footage percentage was explained to Ms. Burgess and the Public. Burgess thanked the Council for their consideration, Williams: "Any more comment regarding Bethaven?" - Barbara Williams:' "I altd live in Sunnybrook Farms and our home is adjacent to v;;fire the subdivision'zs going in. Wher- are the access roads going in, hopefully not at my back yard.°" Williams: "Westerly of Sunnybrook access" Stucker: "From Rutledge Lateral it will be roughly 130 feet to the center of the street. This would be west of Rutledge Lateral" Williams: "Where Todd Way comesonto Cherry Lane the access to Bethaven would be approximately 30 or 40 feet westerly." The location of the entrance street to Bethaven was pointed out -on the map. �... Norm Williams resident of Sunnybrook brought up the speed zone in this area needing ,. to be reduced. Councilman Williams agreed and suggested that the Police and Street Commissioner Brewer obtain the reduced speed limit, N. Williams sta?ed there was danger as it was now'just trying to turn into Sunnybrook. Subdivision." Williams: "Are there any more comments regarding Bethaven Final Plat?" .There was none "The Public Hearing is hereby closed." e � l &I IN� 5 v.f"ii 1 w,ke ti bran City Ha11 .9. February 19, 1981 Williams: There is a petition signed by residents of Sunnybrook Farms approving ,Sei:haven Subdivision as long as i.t is developed at or aboti ­ the standards of xr 5unnybrook Farms Subdivision (meaning no houses to be built below the average ome of their Subdivision" (On File with these minutes) he Council will take action on Bethaven Final Plat during a Special Meeting to be held February 26, 1981 at the City Hall." �q The Motion was made by Kingsford and seconded by Brewer that Bethaven Subdivision Final Plat be tabled until February 26, 1981." s, ..Motion Carried: Kingsford, yea; Brewer, yea; Williams, yea Orton, Abstain �Certified mailing as required for hearing was verified. �genaa 1981 City Hall Remodel Project }x.9.6 Williams: "Regarding the Remodel Project of City Hall, we did have two low bidders who were within $275.00 of each other. one (1) Barton Construction $24,137.30 and two (2 Roberts Construction with a bid of $24,400.00. The bids seem to be very, very close. and there are some other questions as to the responsiveness of the bidders, It as been suggested what we obtain financial statements from the companies and from the principals of the companies before making any,decision, The Motion was made "bduncilman Orton and seconded by Councilman Kingsford that the Council direct the City Clerk toyrequest financial statements.from the two (2) lowest bidder companies and all stogy kholders with more than ten percent (10;a) stock, and that the financial statements be,submitted to the City Clerk prior to a speca1 meeting at the Meridian CityHall Thursday, February 26, 1981, 7:30 p.m. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea ` Agenda 7 Engineer Report-.•- City Engineer of r Gary Smith, J -U -B Engineer, recommended payment/a project bill for s.crew pump bearings Wastewater Treatment,Plant in the amount of $61.6.87, Kaman Bearing & Supply Corp. The Motion was made by KingsfoM ard.seconded by Brewer that the ,bill from Kaman Bearing and Supply Corp., Wastewater Treatment Plant Project reir,burseable, be paid in the amount of :636.87 and that this amount be transfered to the Construction Account 4. ' 4 Motion Carried: Brewer, -yea; Orton, yea; Kingsford, yea; Williams, yea Smith recommended approval of Galey Construction, Change Order #4, stating that this was basically a clean-up paperwork item that officially adjusts the final pay + quantities on that contract. They were to adjust this in pay estimate #10 and Galey. was paid accordingly. All this does ;s make it official that the items have been adjusted to the actual quantities. Change Order #4 reflects the same contract amount that Pay Estimate'#10 rof�ected - this was for a net decrease of $33;482.65. The Motion was made by'Brewer and seconded by Orton that the Council approve Change Order #4, Galey Construction, Boise River Outfall. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, yea Smith: "Mr. Galey'will still have to sign but there should not be any problem as he has signed Pa Estimate #10 and it was a Final Pay y estimate, and he has been paid.' 'Agenda Other Business ' 8 Agenda 9 Brewer: "I would like to address our Acting Chief of Police with a problem that has been brought to our attention just this evening. Apparently with the linkup between N.W. 8th Street and Meadow View Subdivision, we have a race track going on N.W. 8th St.. There has been various comments from diff=erent people so our boys should start riding; it and hopefully the news media will pick it up." Pre -termination Hearing - Delinquent Water/Sewer/Trash Williams opened the Pre -termination Hearing for delinquent water, sewer and trash users by reading the Turn Off Notice: "This is to inform you in writine� of your �� • Meridian City Hall "=UVmver lJ, IjTt . Meeting called to o der br the ayor, Don M. Storey Members present: M vin musse ;Richard Williams ua : oda John Navarro; Kenneth R ham; . Brigham; Others present: Cail Ell worth Joe Glaisyer; Donal Bri Et el Ha ins • a , Wayne Crookston; is ar � � on, ay r; a Te ry Si dens; Lee R. Stucker; Jim ulle ; ren , Barney; Er est L mbke; Kent Wes on; ax . oesi er; ri c e, W W.Kn pp; J hn Ulam; Michael L. rost Bruce Stuart; a rtwe o an mi Roland Smith presen ed th Budg t out audit that has been compl ted and realy for review by the C5unci r. mi covers e a i y e ion was ma e y vin ine an secon a y o a a t tIM audit for 1977 ending Sep ember 30 be accepted and a prov d that the costs be. pa in a amoun , the audit. o mi , ai ey Hans n pe Motion passed: Bod" e, y a; Na arro, yea; Rasmussen yeal Williams, yea. �T A Conditional Use P it or 13 E. Pine to use a re iden a building as a Real Estate Office s re ueste . The Motion was made b Ke eth asmussen and seconde b)Arvin Bodine that the Conditional Use Permi be anted for 137 E. Pin for the p pose of a Real Estate office. Mot pn P ged.: _ . B -o e, -ye ; -.Navarro,-,r- -3'ea; -Rasm sen,, � yea; Williams, yea. The Mayor pointed out thaL Hal Hatch, two esidences in the property to be annexed, Ray Gmee and ilii omitted from the exati perties -U—IA -.189 be n of herry Lane Village. He f It that these annexad to the City. It was suggested that these properties be annexed in the near f ture. e ime o earing ame 8: p.m., concerning the annexa ion o e Stucker,Annexation; 3race Annexation; Cherry Creek exa ion; Cherry Lane Village Annexation; unny rook arms Annexation; Wes —Man5r Ann xa ion and the Hendren Ann atio , Commercial and Residential. There being no objec ions heard the ordinances of anexat on we a read. Ordinance Number 314 was ead a titled: AN ORDINANCE ANN NG JND ZONING CH IS DESCRIBED AS FO WS A OR ION THE SW 1/4 OF NE /4 OF SECTION 18, T. 3N., 1E41 B.M ,ADA COUNTY, -OF-M=I CAN, WHICH PROPERTY , TO THE CITY OF ERIDIkNj AD COUNTY, IDAHO. The Motion was made by Jo Naviarro and seconded b arvi Bodi e.that the rules ana provis on o read on three diffe ent days -9002 and all rules requir ng a or finances e be dispensed with and t at Ordinance Number 314 �e passe anappro ed. Motion _ Ordinance Number 31f was ead entitled: AN 0 NANC NG ZONING CERTAIN REAL PR PERTY WHICH IS DESCRIBED AS FOLLOWS: A POR ON OF THE _ N 112 OF THE NE 1/4 o. SECT ON AD COUNTY IDAHO, TO THE Ct. TY OF MERID AN, WHICH PROPERTY I ADJ CENT CONTIGUOU - _- _ _. _ __�-------------- TO _Z{,E; M" nr L*.*P TITa nn 0111" " T 11A Vn Meridian City Hall .2. December 19; 1977 The Motion was made by Marvin Bodine and seconded by John 6varthat the rules and provision of -9002 and al r es 'renuIri ng tqat or nanes e read on three different days be dispensed with and that 0 dinance Number 315 be passed and appro ed. REPEALING OF THE REVISED AND ANCES The Motion was made by RiLhardWilliams and seconded by K nneth Rasmussen ham -tom es an oviss o 50-9002 an alir s re uirin a Ordinances be read o thrdif Brent da s be dispen ad th an that r mance um er e De anDrove . Mr. Williams read a Tette from Dave Curtis of J -U -B Engir December 15. c on file with these inute . Th s letter contains thi itm rec the Insurance Liabi. itv c nnern rang guaranteed perfonce ed Motion passed: Bodine, ye , yea. ; Navarro, yea; Rasmussen,*NG7 Ordinance Number 31 was read entitled: AN ORDINANC ANG SECTIONS 3, 10 D 11, IN WNSHIP 3 NORTH, RAN(E 1 IS ADJACENT AND ONTI UOUS THE CITY OF MEPJDI AD . e Motion was made yM vinB dine and seconded by inn that the rules and provisions of 50-9002 and all rul s rec.uirinE that Ordinances be read thr e dif erent days be dispen a an a Ordinances Number 316 be assed and approved. Motion passed: Bodine, yea; Navarro, yea; Rasm ssen yea; Williams, yea. Ordinance Number 31 was read a ANN RING AND ZONING CERTAI titled: AN ORDINANC�ing R ROPERTY WHICH S CRIB AS FOLLOWS: A PART OF T E 2 OF T W /2 OF SECTION 21 T. 3N., R. 1W., B.M., ADA COUNTY, IDAH TO HE CI OF MERIDIAN, I'S JTIG 9 t Richard Williams mace som _ rem k a t Q ac tha are being annexed. He appreciated he developers putting thes parcels t gether. stated hath f t th t the e was some i bac goingon with these annexation to get t e Gol Course annexed; and that he is concerned about the C mmunit lan hat i5...beinR developed tha coti.d be 'ndered in its planning by these large eas o "A" Residential that mig t turn out to not be this zonng, ' Annexing large pare s sh uld b held up until the c mmun ty pl is developed. Mr. Williams also felt th t:�no evelo went should be allowed un it this plan is completed. The Mayor remarked that hL, felt that these proposals were good development _ and necessary for the ProDer r wth of the Cit _ The Motion was made by Ke neth lasmussen and seconded b ohn Navarro that the rules and rrovisions o 50-9002 and all rul s re uirin that ordinances be read a thr edi_f erent_days be dispensed th and that Ordinance Number 31 be p3zsed and approved. Motion passed: Bodi e, yea; Navarro, yea; Rasmussen yea; Williams, yea. REPEALING OF THE REVISED AND ANCES The Motion was made by RiLhardWilliams and seconded by K nneth Rasmussen ham -tom es an oviss o 50-9002 an alir s re uirin a Ordinances be read o thrdif Brent da s be dispen ad th an that r mance um er e De anDrove . Mr. Williams read a Tette from Dave Curtis of J -U -B Engir December 15. c on file with these inute . Th s letter contains thi itm rec the Insurance Liabi. itv c nnern rang guaranteed perfonce ed enda enda Williams read an opinion submitted by the City Attorney (see evidance), Interpertation of the letter was discussed and clairified by Crookston. Welker stated he would like to study the letter. Williams inquired if the racers had a rehabilitation plan. There was discussion on decisions to be reached, appeals possible and actions that could be instituted. No decision was reached. `=41; Bethaven (Preliminary.Plot), Lee Stucker was present representing the request he stated, it was approved by P&Z. It will be developed by stages not all at one time. Kingsford inquired if covanents were submitted, Stucker stated he had outlined a rough draft could be submitted. Ellsworth stated that possibly there should be another exit to the west. Stucker outlined the adjoining property to the west and didn't know what their plans were. Williams stated the City needs additional fire equipment and is concerned about fire protection. The proposal does not comply with minimum size for building. He didn't feel confortable approving it at this time. Stucker replied on building sizes he felt there should be some smaller than 1350 sq. ft. Some people do not need or want 1350 sq. ft house. He explained his position. Glaisyer stated the minimum square footage is an attempt to increase the quality of the housing. The community has a lot of houses that are 900 sq. feet or 1,000 sq. feet. The 1350 figure is to increase the quality of the housing. Stucker stated holding a small percent of their housing at, this size doesn't jeopardize the City. It was discussed. " Williams stated his concern for fire protection and the need for a station and trucks'. Re requested amenities before approval. He felt the citizens now in the City ,should ? not have to pay for fire protection for the new homes. Kingsford agreed. The Mayor requested a motion to table. It was discussed. Kingsford moved to table until a formula is developed to provide funds for fire protection =' seconded by Bodine. Stucker inquired if there was a time table for the study. Glaisyer stated it is being worked on. 4 Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea Williams Stated the restrictive covants should be submitted. Storey Storey stated it is mandatory. 4 - Taylor Subdivision, Bruce Stuart was present representing the request. Storey stated because of location he recommended the council approve it as C. Commercial. Glaisyer moved to rezone the parcel to -C- commercial with design review by council before and building permit is issued. Seconded by Bodine. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea e E Doxo Properties (Preliminary Plat) Wayne Forrey was present representing the request. 4 Fr The location was outlined. Access to other properties was discussed. GP Ellsworth inquired why they didn't go straight thru. Forrey explained because of P&Z recommendations. Meridian City Hall .4. Januar 29,>1979 «; Agenda Meridian Manor #2 Vacation (Cont'd) (Richard Williams) 3 Perhaps lots 8, 9 and 10 on Crestmont single family and the remaining lots multi -family. The point being you are not going to get an expensive home built there. The duplexes they have are good and perhaps expanding on the landscaping portion of the restrictions and covenants may be appropriate. Sale stated that he"felt that it could be worked out. Williams expanded on an unkept house. Sale stated that he did not see the reason for the Motion. Mr. Glaisyer has been a champion of larger dwellings in Meridian and questioned what good the denial to vacate would do. Glaisyer stated that he wears two hats - he has respect for developers but also a lot of respect for the residents of the community. The developers are in and out, these people live here. They are a viable force in the community - they presented facts and he stands with them. Sale concurred but felt a denial to vacate doesn't support their view. The point was discussed. E. Gabrielson stated that when he purchased the house which is adjacent to lots 9 and 10, he asked the developers, builders and realtors whether the lots vacant at the time would be single family, duplex or whatever. He stated that he.was assured they would be single family. He requested a conclusion from the Council. Kindred questioned the conclusion that,lots backing up to a Mobile Home Park were undesirable. Williams stated that if the Council does not deny the request the developer still has an alternative of going with #2 as. Platted, but stated that he would like to see a compromise worked out. w , Bodine felt it would be a better Subdivision if a compromise could be worked out. Glaisyer explained the alternatives. Williams stated that he would like to see compromise. Sale inquired if Williams would help in the process. Rick Potter stated that the situation of a go-between for Smith and Bews and felt the citizens were concerned enough to show up, the Council is concerned and cares about this, He felt the builders should be concerned enough to get their bottoms down here and not have a go-between. Williams stated a meeting would include all parties concerned, including the builders. Kingsford withdrew his second. Glaisyer withdrew his main Motion. Joseph Glaisyer made the Motion that the request that Meridian Manor #2 be Vacated be tabled until the February 20th meeting, seconded by Marvin Bodine. Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, .yea. Agenda Bethaven Subdivision, Preliminary Plat. 4 Lee Stucker was present representing the request. He stated 1) the covenants have been submitted 2) Concern on street exits. At this time im they are only on Phase #1, There are five duplex lots stated on the Plat. He outlined the streets and exits. There is only one exit to the West and owners of adjoining property were not receptive to developing a through street. They (Bethaven) have no objections to putting a street through. Williams questioned the length of the westerly block. Stucker stated 1,300 to 1,400 feet. This would come in with the last phase of the development. - Meridian City Hall 5 Agenda Bethaven Subdivision, Preliminary Plat (Cont'd) 4 Williams clarified that the request was for Phase I. January 29, 1979 Glaisyer inquired if the City Engineer has approved the Plat. Gary Smith stated that because of the transition he has not seen the Plat yet. Kingsford thought Ellsworth had some minor problems. The situation was discussed. they Kingsford addressed the covenants on the architectural committee. He requested / review all outbuildings and spelled out to cover outbuildings in Part 4 and 5. Page 3, Part 9 felt the paragraph should be stuck. Glaisyer did not feel Page 3, Part 9 should be struck. The Motion was made by Joseph Glaisyer and seconded by Margin Bodine to approve the Preliminary Plat of Bethaven Subdivision #1 subject to approval of City Engineering. Motion passed: Bodine, yea; Glaisyer, yea; Bodine, yea. Agenda 5 Meridian Race Track Del Gould and Ray Holaday were present representing the racers. Williams inquired if everyone had seen the letters from the S'Gate and Fire Chief. Williams read the letter from the Fire Chief. Williams stated that the City has received a letter of response from the Meridian Race Track promoters. Williams read the letter. Glaisyer inquired if the promoters can meet the Fire Chief's conditions. Del Gould stated that if the concession's function is closed they will lose their profit. Other alternatives for the concession was discussed. Williams pointed out it would have to meet health codes and suggested portable units Gould inquired if it would be acceptable to remove the bleachers over the concession. The possibility was discussed. Welker statedthat he did not think that would suffice. Exits were discussed. Williams inquired if,excluding the concessions, the promoters letter takes care of all other major defects. Welker stated two (2) fire guards are needed in the Dairy Show Barn because of the materials combustible nature. He explained the need for two persons on the fire patrol. Bodine inquired if the Grange building could be used for the concession. The possibilities were discussed. The Motion was made by Grant Kingsford and seconded by Joseph Glaisyer to accept the racing for one more season if the promoters can meet the Fire Chief's approval. Williams clarified the Motion as accepting the Speedway's three proposals plus personnel to control the barn and carry approved fire fighting equipment and the concessions be removed from under the grandstands and the City receive copies of the Insurance policies. . He stated the the City wants to be assured they have insurance and they are required to notify the City if they are canceled. Glaisyer requested legal Council to state if these actions satisfy City responsibilities. Crookston stated yes if they meet the requirements set forth in the recommendation set out by the state and City Fire Chief. Motion passed: Glaisyer, yea; Bodine, yea; Kingsford, yea. Meridian City Hall (3) 1� �T Agenda Bethaven, Preliminary Plat tabled 1.2.79 (Stucker) 4 Bethaven Preliminary Plat was considered Lee Stucker was present r epresenting he: request. He reviewed a submitted letter (see evidence) He explained the letter., Stucker stated on exits that they have future plans that exclude roads, but emphasiz4'g';' & they are flexable in this area. They have no objections to putting in an exit to the West. On the first phase they will have 37 lots, 5 duplex and 35 single family residents. He explained the situation with the School District. ,J Williams stated that they had'just received the restrictive covenants and did not' feel prepared to act. Stucker stated that it would not effect him to put the subject off. The Motion was made by Joseph Glaisyer and seconded by Richard Williams to table, Bethaven Preliminary Plat request. Motion passed Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Stucker stated that he was available for consultationand explained what out-buildings� irk were to Councilman. Agenda 5 Conditional Use Permit, Karen and Dale Babcock A Public Hearing was held on the request. Karen Babcock explained the request: The Mayor reiterated his objections to the request. Kingsford inquired how many children would be involved at any one time. Mrs. Babcock explained that the average was between 4.3 and.4.6. Dale Babcock stated what his counseling entailed— Karen Babcock pointed out the strong -neighbor support and the use by the'heighbors- of the service. She explained the history and stated that it was a neighborhood service. She clarified that the kitchen will not be used for a cooking area rather they stress child rearing and sawing. Williams inquired about signs. Babcock explained there will be no signs, also only three cars At one time can 'be, at the residence. Williams stated that the Conditional Use Permit concerns. K. Babcock stated that she had encountered concerns that the permit is necessary and requiring people to leave home for A money making activity is very restrictive for anyone that is a parent and wants someone home with their children. The Mayor stated there was a problem with precedents and explained. The concept was debated. Kingsford moved to approve a Conditional Use Permit for Mr. and Mrs. Babcock". 3021 N. W. 10th Street; and that they be reviewed annually, at that time the City should have a tee strufture that will be applicable to this' permit and contengient 'on the restrictions placed on the request by Planning and Z oning, seconded by �J. Richard Williams. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea, Meridian Citj Hall .13. October 6, 1980 ' provide. sewer service within the distance required by ordinance. -° l Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Agenda s. 7 Other Business: - The Motion was made by Kingsford and seconded by Williams that the bills be paid: Motion Carried: Williams, yea.; Kingsford, yea; Brewer, yea; Orton, yea. f, There was .discussion concerning letter of request from Lee Stucker regarding Bethaven replat. Letter on file with these minutes 1. The Motion was made by Kingsford and seconded by Williams that the City accept.the; amended preliminary plat for Bethaven Subdivision and not require a complete preliminary plat, but a final plat hearing. Motion Carried: Williams, yea, Kingsford, yea; Brewer, yea. Orton abstained,' Orton stated that it was time to allow or disallow the Race Track Association priviledge foir parking area behind race track. There have been no complaints in previous use. .The old.racing lease is out and there will be a different leasee this coming year, but with' same restrictions. Kingsford reported on weed problems. There was discussion about procedures. x. Chief Sherwin stated when.!le receives a complaint, the property owner is notified, after two weeks if the weeds have:nct been cut, he sends a private contractor out, the CityAs � billed and through legal process, the City has to bill the owner or place a lien.,' Fire Chief Welker stated that sending a man out to cut the weeds down does not alleviate. the.fire hazard problem on the ground. k� Crookston is to look into ordinance initiating a fine for obnoxious or hazardous,weeds, Williams reported that the effluent from the plant was 5 MG/L for the month of September .( This is . substanti'ally'below our discharge permit, He commended Earl Ward and his staff�'1 for doing a superior-job.:of operating the planta and announced that the plant is up for " The Plant of. the Year's .,award. 1: Williams also reported that a project 'to begin soon is the railroad crossing on E. lst.st,`.! Idaho StateTransportation would like,to make a portion of E. 1st St. four lanes, and . suggested they'be invited for a discussion session. r Brewer stated the Home Federal sign at.the corner of E. 1st St. and Franklin obstructs °traffic view. Chief Sherwin stated `that the sign is outside the sight triangle. f Brewer stated that through.,the courts, the cities are being held directly responsible for problems such as hazardous intersections such as'th.i.s. He, cautioned that this be sur?: veiled. �. Ward stated that the:;chu-rch on 2 1/2 St. and 3rd.St. sewer charges need to be f61,10wed°. -:through. The Motion was made by Williams and seconded by Kingsford to move into Executive'Session E by,request of Attorney Crookston.. Motion Carried: Williams, yea; Kingsford,.yea; Brewer, yea; Orton, yea. x Ik The;'Motion was made•by Williams and,seconded by Brewer to move from°":Executive Session and E adjourn regular meeting at 9;30.p.m, Motion Carried . Williams yea;, Kingsford, yea;` Brewer, yea; Orton, yea. Mayor r el ,Sharp staied"that question was `if they wanted to gothat high of density „this; pArticuiar proiect. :a Otton,'stated that. the Comprehensive plan that was adopted gave allowances ger Balt"hi h v% the depsity if some amenities are offered, Shax'p stntoc that rtt:_fkjlu Oot or .t,hoo 4ir would 1 i.kt, ter r4or' t.ho c'om 6s 01A d to the ati,er that was discussed the last tine, which was 4 tri--plex'ed and ple ses i to Uch Would lower.thedensity:to 10.2. This would btig 'it down to ,. ' t�atit °tota.;;. s tsppos.ed to.24 units total.'' ilPipY3n coihmented that this' praJect,'woteld improve the at.es. grsatly' ;bit y st l ] dve thedensity problevi to deet with. tJrtntt Hated the ;the prey iminary -tat did not; show any physical fagiiities k at weter,. sewer; fare hydrants: ;'Sharp stated that as this point the Commission has 3 choicest' approve it. eeen; ipquested, iriad .fy the density,' 'table oir dedlih it. tt; hsi.b motibtt teas molds' by flick Orton and weconded by Eninstte hinrichs that ;as it be deniedy for the density problems`' acid the plat not meting c rdittditce foi' tentative , plat. 146tidiassed7 All yea. 4 OVV. ew l nmer 2 1e00pray ptesent'represen.ting Meadowview.` ,y tt nril�e stated,' that ''Ae teas cnceec with_ the `t le rtrstie_ ar saw cartel was,disojussed as to location, feacinand ownership of praper.ty. °inr�t t' t© encs.' the canal, Was disctiesed, as it is not a part of the 4 1; pipkin in aired About a green" �e-1 d.own -the .� a.terdl. 'fhe pot', #ia' i of Gem heath te;Eutttre was dissussed� 104 p,.balled fcrt any questions or comnments concerning Me.dowview 2. tio"tI160 was, tivade;by Surf pipkin And: -seconded by Lee Miitheii that they , **end.. to the City council'`that Meadawrview Nutber 2 be; approved wit�t tha# g in the streets 11th to� _the North, and Chateau tb the fast,- sti�bed and4 the fetae� easement on _back cath tow of the' lots tgtien passed All yea. tdiai Matto 03 .wits discussed. at Jay stated that Meriaiet� Manor 3 is , seen 'the .City Attorney acid ::23ngineers `.are working it 'out.. y 5 1e was:present representing Meridian Manor #3,' :'U,16 stated, that 1. tt�ntiythere is ,a miaunderstariding. in the origin4i recjuest. k. ,. dr t taven subdi4ision ' r Otton' abstdined because of conflict of interest' , Ankenthatt with'tudor Engineering was present representing Lee Stuckert' the ar vf.j.thae 'proper, ' 1. 4 Y t 1 Meridian Planning and Zoning 4 September 10, 1979 Agenda 9 Lee Stucker, Shelter Home in Bethaven Subdivision. Stucker requested input from the Commission,stating that this would involve an ,. ambulatory shelter for less than 100, 7.5 acres. He questioned if the new ordinances would accomodate this type of use. Hinrichs stated that in the new ordinances, this would be listed as a Conditional Use in a Residential area.,R-3 medium density. The Motion was made by Orton and seconded by Tewksbury that the meeting be adjourned at 11:00. Motion Carried: All'yea. APPROVED: Chairman A TT r C T . .v •- • SErl- -rl w U J i~ TEN MILE 12o,'N.Lp � I o I rn� . z � m 7 o CP r 00 m ((P I U, -0 I a LP I Co�8.2S LINE So'low 25.00 z n ' z 0(p z Lp��®C� m to lu LP I Co�8.2S LINE So'low 25.00 z n ' z ' o Lp��®C� LP I Co�8.2S LINE So'low 25.00 ,a v Meridian City Mall - Special Meeting .2. Agenda Sheri Lynts`Subdivision - Square Footage Requirements Hearing 2 Mayor Glaisyer: "Hearing open for Sheri Lynn Subidivision" Februa 26, 1981 Phil Harper: "Mr. Mayor, Gentlemen of the Council, we are before you to change our restrictive covenants to exploit the 1350 sq. feet minimum of housing to comply with the new Ordinance Plumber 383, January 5, 1981. These square footages were proposed by Gordon Leishman who has given nye an offer on this Subdivision - if you will notice he has stayed well above the 1,000 sq. foot level. His smallest unit being 1048 sq. feet.." 40 Mayor: "Anyone: from the Public that would wish to comment on Sheri Lynn Subdivision located on North Linder?" Ray Kellogg: "I am curious as why this is being changed? What happened to the 1350?" Mayor Glaisyer: "We changed the 1350 sq. foot minimum to accomodate the people for economy. We have consistently said, until we get our ordinances completed, we were going to maintain that emergency ordinance. Our new ordinance is not complete and we don't expect to be until June , at which time the ordinances for subdivision and development hopefully will be able to address the residential sector of the community." It was explained to Mr. Kellogg, who is a property owner north of Sheri Lynn Subdivision, that the minimum square footage is 1000 feet and that the minimum amount of any Subdivision is 10%. Councilman Kingsford explained that it works out that they have more flexibility in the kind of housing they build, but as far as an average it still stays up there - at a high square foot area. Kingsford: "The square footage is spelled out upon the plat so you could find out which ones are which percentage." Kellogg: "Double Garage?" Harper: "I believe he is building double garage." Kellogg: "I work in construction and I see the garage is bigger than the house." Mayor: "Any more public comment?" Jim Tully : "I was wondering isn't Sheri Lynn Subdivision tied in with Meridian Park?" Harper: "Mr. Tully, we are not in any way legally tied in with them, or financially." There was discussion concerning the transaction of a re -plat and a trade of as many square feet as needed for configuration with Meridian Park Subdivision. Mr. Tully was concerned because of his property previously being a straight property line before the trade off between Sheri Lynn Subdivision and Meridian Park Subdivision. The Motion was made by Kingsford and seconded by Williams that Sheri Lynn Subdivision proposed square footage requirements as presented, two lots at 1,000; four lots at 1100 sq, feet; six at 1200 sq. feet and four at 1300 sq. feet be approved. Motion Carried: Williams, yea; Brewer, yea; Orton, yea; Kingsford, yea Agenda 3 Bethaven Subdivision - Tabled from 2.19.81 Regular meeting - Square Footage Requirements Lee Stucker, 2695 West Cherry Lane, presented the Final Plat of Bethaven Subdivision designating the percentage square footage for housing. Heal Eagar, Tudor Engineering, was also present. Stucker: "I feel that I have no problem at all with the size of houses - with the percentages, etc." Brewer: In regard to the complaint on the duplexes - you have changed the location of those?" Stucker: "Yes, we did have four (4) duplexes but with the percentage requirement have gone to two (2) duplexes. Only one will remain on the north side." Williams: "I assume that the duplex lots are 1,000 feet?" Stucker: "Yes" Mayor: "Are there any questions from the public regarding Bethaven Subdivision?" There were none. The Motion was made by Kingsford and seconded by Brewer that the Bethaven Subdivision Final Plat proposal as presented be approved. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea Orton, Abstain _Meridian City Hall - Special Meeting .3. February 26, 1981 Wil.liamsi "Mr. Mayor, I do have one question. We have approved three Subdivisions tonight and the way that these stand and are built, I realize this is a small item but they add up - the City has talked about this before, I would very much like to see that it be a policy of the City that the Developer be responsible completely for the installation of street lights within the Subdivision. I don't think that this is a cost that should be borne by the taxpayers as a whole. It is, under the PUC Schedules, quite a bit more expensive than it is if the Developer installs the street lights at his expense. The City spends $25,000 a year on street lights and as a major concern of our budget I think the City should change to this policy." Kingsford: "We should be looking at that in our new Ordinances."`+ Agenda 4 1981 City Hall Remodel and Addition - Bid Award Mayor: "Both low bidders have complied with all of the requests. Barton Construction Company. Inc. was the lowest bidder." The Motion was made by Orton and seconded by Brewer to authorize Mayor Joseph Glaisyer to award the contract to the lowest responsive bidder, Barton Construction Company Inc. $24,137.00 Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda 5 Amended Ordinance No. 377 - Locust Grove Industrial Park Annextion Mayor Glaisyer read Amended Ordinance ilo. 377 entitled: AN ORDINANCE ANNEXING AND 24NING',CERT1AIN REAL PROPERTY WHICH IS'DESCRIBED AS A PART OF THE SE 1/4, SW 1/4 AND THE %iJ 1/4:1SW'1/4, GF''SECTIOPI"'8., T 3N., R: 1E., B.M.,. Ada County, Idaho, and the S 1/2 OF THE NE 1/4 -OF THE SW 1/4 AND THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 8, T. 3N., R. 1E., B.M., Ada County, Idaho, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor: "Is there anyone in the audience that would wish to have Amended Ordinance 377 read in it's entirety?" There was no response. Mayor: "This Ordinance was brought about as this property was annexed earlier in the year and they later found out it had an improper legal, so we have come back to amend that with the proper legal description." The Motion was made by Williams and seconded by Kingsford that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Amended Ordinance Number 377 as read be passed and approved. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Agenda slater Line Project - Rick Orton, Water Commissioner 6 Orton: "Gentlemen I have one of the small water projects that I would really like to get underway. You have all had a little opportunity to look at the draft audit, we would use money that is surplus from last years revenues from the water department to fund this. This project is proposed on East Carlton, from 2 1/2 Street roughly one block and a half where we would install an 8 inch water line, one fire hydrant, 5 or 6 service connections in there. This is an area of town that right now is being served by 1" or 3/4" - you can see the existing lines down there by the alley and it is just absurb, these people are under a real hardsharp. I would like your authorization to go ahead and bid this project as outlined in this sketch. (Sketch on file with E. Carlton Water Line) I estimate that the cost now would be closer to $16,000.00. Council members discussed this project and were all in favor. The Motion was made by Orton and seconded by Brewer to advertise for bids on March 19, 1981, & reconstruction to be complete in approximately three weeks on East Carlton. Motion Carried: Williams, yea; Brewer, yea; Orton, yea; Kingsford, yea There being no other business to come before the Council the Motion was made by Brewer and seconded by Orton that the meeting be adjourned at 8:02 P.M. Motion Carried: Williams, yea; Kingsford, yea; Orton, yea; Kingsford, yea ATTEST: Mayor 0 L24141� �1� Meridien City Hall Agenda 3 (Cont'd) Helicopter...... .3. Janua 18, 1982 Councilman Tolsma questioned if they are testing at their present location on Overland. The answer was yes and that they would be testing at this proposed location. The helicopters would be flying in from any and all directions.and would have I-84 and the water tower for easy direction to the heli -pads. Councilman Orton questioned the flight tra'-Fic rules. The answer was that they were sure they would. Mayor Glaisyer questioned the safety factor in concern with the Regional Mall. Neilsen stated that they (helicopters) are outfitter' in big cities to go from building to building. Councilman Tolsma questioned the fuel storage. Neilsen stated that they do not plan on fuel storage at this time. Councilman Kingsford again stated he wishes to witness the noise factor. Kroll stated that they would go ahead and approach Ada County for approval to build the shop and thanked the Mayor and Council. Agenda 4 O.J.'s Restaurant Beer and Wine License 1982 Renewal Chief Doug Nichols stated that he had checked the application of O.J.'s Restaurant and had no objection to the renewal. .The Motion was made by Bill Brewer and seconded by Rick Orton to renew the 1982 Beer and Wine License for O.J.'s Restaurant. Motion Carried: Brewer, yea; Orton, yea; Tolsma, yea Kingsford; nay There was discussion concerning the.loophole in the City's beer and wine ordinance. There is now a clause in the ordinance that allows $100.00 renewal fee instead of $200.00 if the licensee waits until sometime after January lst to renew their license. Attorney Crookston was directed to review this clause in Ordinance 392 and 393. Agenda DEPARTMENT.REPORTS: 5 Building Inspector Vern Schoen: "Custom Wood Products have shut down, moved out. Gem Fabricator's are in the same status that they were the last meeting - very little change and still operating. They (Gem Fab.) still have until February 16th. I have found out about a spray painting shop on West Taylor over by Huico. With the Council's approval I will see if I can';t work out something and then report back." City Engineer, Gary Smith recommended payment of $826.40 to C.Wright Construction Co., Inc. for.building an access road for the sewer treatment plant to facilitate getting samples for effluent in Five Mile Creek. This was a Sewer Plant construction item. The Motion was made by Kingsford and seconded by Tol;ma to transfer to and pay from the Construction Account, WasteWater Treatment Plant Project, $826.40 to C. Wright Construction Co., Inc. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Tolsma, yea Engineer Smith presented an agreement from the U.S. Dept. of Water and Power Resources that concerns the agreement for a sewer line crossing for Bethavin Subdivision, from their Subdivision across Nine Mile Creek to our Intersector - it also crosses Rutledge Lateral. Smith recommended that Attorney Crookston examine the agreement - it is a standard type of an agreement that we have had on all of our other crossings. Attorney,Crookston recommended that no action be taken until all documents have been reviewed and submitted. City Engineer Gary Smith stated that the developer cF Meridian Manor #,3, Bedelco, has requested some type of documentation on the water/sever system that was put in out there, for approval. Smith stated that he had not fund any record. The streets are in and usually the systems are tested ane' approved--iaor to paving. Smith'"Last meeting I recommended that there not b� any building permits issued until letteof-acceptance of water and sewer systems. Siice documents cannot be found Aeri.dian City Hall 4. February 1, 1982 Agenda 5,(Cont'd) Vern Schoen, Bldg. Inspector....... Council should read these so they can understand what they are answering. That is ,all. I have`to say." (Letter on file with these minutes) 'Mayos Glaisyer: "Thank. you, Vern." Earl Ward,'WasteWater Supt.: "I have a reward'I would like to present. Dan Grogg, would'you please come,forward? Dan Grogg is one of my operators and he has been selected by his peers and the Southwestern State of Idaho as Operator of the Year." War& presented a p'.aque to Grogg and there was applaud of appreciation. Sewer Commissioner Grant Kingsford: "Dan, ;it gives me great pleasure to present your C3;ass II Operators Certificate. I know you have spent a great deal of time and effort arid'a;t the same .time the Chairman of Idahb's Chairman - Earl Ward - is in our audience :tonight ,the City of Meridian is honored to have this man's certification alp ." Eery Smith, City Engi,neer,, presented a bill for Council's approval for a measuring ;;device purchased'by.Earl Ward for the WasteWater Treatment Plant in regard to the ;,HUD';'G,rant, Sewe.r;Rehabilitation Program. Smith stated that this is used for field ,measurements,for `locations of service stubs for Engineer preparation of contract 'doc,uments The r4otion wasmade by,Kingsford and seconded by Tolsma that the Council approve the 'bill from Idaho:'Bluepr'int & Supply Co., in the amount of $73.95, HUD Grant eligible °Sewer Rehabilitation Project No. B -81 -DN -16-0001. i Motion,Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea ;''City Engineer, Smith presented a form from the United States Department of Interior ilfor:an easement across their property in order to get sewer line from Bethavin Sub. "into 'the Interceptor along Nine Mile Creek. These form have been reviewed by City Attorney Crookston and there did not seem to,be any problem with them. The.Motion was made by Kingsford and seconded by Tolsma that the Mayor be autiliGrized to sign the documents of -,.the United States Department of Interior for an easement across their property for sewer line from Bethavin Subdivision into the Interceptor along Nine Mine Creek. Motion..arr. ed: Kingsford, yea; Brewer, yea; Tolsma, yea Orton, abstained City Engineer reported on a letter received by the City from the State of Idaho Highway Department concerning fa,y possible participation of the City for ,Federal -aid Urban Highway Funds. Smith reported that"in the same letter the City 1!has a'project, designed and approved,'for Cherry Lane Road. The City receives $63.'000 ,'from the' State for Fiscal Yec:r° Apportionment -; if the City has a project. The Cherry Lane project is scheduled for the later part of 1982' - Fiscal Year 1983. Smith'stated that part'of the project would have to do with storm drain construction. ,'About:$270,000'. The local share would be $24,000'. "If the City doesn't participate ,,the project most probably will go back`on the shelf and re -distribute the money ;again. The $2'0,000 cost is more than the Federal Aid:amount that the City will have accamu{1a.ted by that time and what it does is put the City as a deficit - the City cannot enter into another Federal Aid; program until that deficit is cleared up." It- would take.until 1986 to erase that deficit on this particular part of the program. iMayo°r, Gl;aisyer,stated,that Mr. Sacht had stated that Meridian could expect no more fundspof this type, because of the "north curve improvement, until the City came out of defic'i't, s',Qur pc>rtion goes directly to the Ada County Highway District, 'so it ', woul di, be their, (ACRD.) contribution '- not the City of Meridian's." Smith stated tha',t the State of Idaho Highway Department should have addressed this +lei;ter to the Ada.County;Highway,District and would contact Gary Funkhouser, ACRD. Reg4lar:Meeting called to, order by Mayor Joseph L. Glaisyer at 7:30 P.M. Councilmen Presents Grant Kingsford; Bill Brewer; Rick Orton Jr.; Ronald Tolsma others Present:'; Danny Green; John Bielenberg; A. Bruce Cleveland; Vern Schoen; Wally,Lovan; Doug Nichols; Bruce Stuart; Larry Chetwood; Kenneth Marler; Dorothy L. Rule; Dean Rule; Tom Marks; Nadine Miller; e, Gary Smith; earl Ward; Keith Boyd; Roger Welker; Coenraad Abs; Ray Sotero; Reynold Schenck; J. J. Howard Mihutes.of,th.e previous meeting were approved as written, Agenda,, 1` Lee;;Stucker Bethavin Subdivision Lee Stucker was present to request a time extension before construction of Bethavin Subdivision. Final Plat was approved one year ago. The motion wa's made by -Kingsford and seconded by Tolsma that Lee Stucker, Bethavin Subdivision, be granted a one year time extension. Motion Carried: Tolsma, yea; Orton, yea; Brewer, yea; Kingsford, yea Agenda' 2 Hearing -Catherine Park Subdivision Danny Green was present representing Potter & Associates for developer Tom Marks. Green: m representing the preliminary plat for Catherine Park an area off the end of E. State and E. Washington, between Five Mile and the proposed 6th Street extension. This is the third or forth proposal for that area, and due to the shape of the area it is pretty hard to come up with a feasible plan. We think that this J A,Igood plan for that area. Mayor Glaisyer: "Have you seen the recommendations by Ada County Highway District?" Green stated that Mr. Potter had reviewed these recommendations and would be :handing them. Mayor Claisyer: "Can.you comply with all these requests?" Green: "1"m not sure." Torn Marks,:.. "We can't comply with all thu requests by the Ada County Highway District. Weare going to negotiate with them and come up with a reasonable solution agreeable w1.th them and with the developer. Basically the reason we can not comply is that we don' have control of the proper y that they want us to put streets through." Orton: "Of'the conditions in the Ada Cotnty Highway District requirements which ones particular do you have trouble with a1 this point?" ' Marks: '"One is the Northern half of Catherine Lane the easement that shows on the mai is:actua]ly .not a designated easement." "The other half is not m ", y property". ;Green The ownership of.the,property is actually deeded to the unplatted portion'. Orton: "There is no recorded ingress egress?" Marks: "Right "The other thing that we are going to talk to them about is the eX$ension of State Street to th6 canal, barcades at the canal." "I believe that any e,xtens.ion'-would be on Washington Street." Marks displayed position of proposed A` ,cgldesac. He stated that he does rr'control the South half of State Street either and ACRD had a requirement on this also. "We will be putting in an easement for P ashington, and we will be a road to half road standards." "At the point where the road does '` go all the way thrpu h then they will develop the other half. . Tolsma-questioned the private lane. Mark e, '":'ACND stated that this section could stay as a private lane, but there on ' k:v„the wanted a r Y ,half street•.”'. 7 '"What; if they (ACRO)would ask you for the dedication of that half road?" Marks: "1 have no prob'l'em with -that at all." 4 M . F.. t AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS opo CAgl ri.-T "IE KJOIAN Ilr Atlrr "1'41. TELEPHONE, 088 4461 r ei► CORRECTED ORDINANCE NO. 316A AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF SECTIONS 3, 10 AND 11, IN TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that ,it is in the best interest of said City to annex to said city certain real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: '. Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from which the northwest corner of said Section 11 bears N. 89003140" W.,. 2653.48 feet, thence S. 0010' W., along the mid-section lime of said Section 11, 25.00 feet toga steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0010' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31039' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89°20' W., along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89020' W., along the south boundary line of the N,1/ NW 1/4 of said Section 11, 1923.37 feet to a st4 yel,, pi.n, ':;theca e>. North 1289.63 feet to a steel pin on said southerly'r1cFit-�c '^way line of Cherry Lane; thence S. 88°55'33" E., along said right- of-way line, 1089.07 feet to a point; thence along said right- of-way line -on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10153" and whose long chord bears S. 89°31' E., 236.79 feet to a point; thence N. 89°53134" E., along said right-of-way line, 601.34'.feet to the real point of beginning. Said tract contains 60.15. -acres, more or less, subject to ease- ments of record or in use. CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the SE 1/4 of the SW'1/4, the E 1/2 of the NE 1/4 of the said SW 1/4, the SW 1/4 of he NE 1/4, the,S 1/2 of the NW 1/4, the South 712.5 feet, more or less, of the N 1/2 of the said NW 1/4 lying Southwest of the cente line of the Eightmile Lateral, all lying in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Acta County, Idaho, EXCEPT: A parcel of land lying in the SE 1/4 of Section 3,i T. 3N. R. 1W., B.M., Ada County, Idaho, and more particularly des ribed as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0°19'11" East 1,125.32 feet along he Easterly boundary of said SE 1/4 of Section 3 to a point, lso said point being the REAL POINT OF BEGINNING; thence South'.. 89158'55" West 255.90 feet; thence North 0°19'11" East 170.11 feet; thence North 89058155" East 255.90 feet; thence South A AMBROSE FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS .ao cAov rm.i M EN�I�I AN I{.Allll tl i 64A TELLPHONE 686 448 1 is CORRECTED ORDINANCE NO. 316A AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF SECTIONS 3, 10 AND 11, IN` TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENTIAND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said city certain real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from whic� the northwest corner of said Section 11 bears N. 89°03140" W.,, 2653.48 feet, thence S. 0°10' W., along the mid-section lime of said Section 11, 25.00 feet to" a steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0010' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31°39' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89°20' W. along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89°20' W., along the south boundary line of the N_11 NW 1/4 of said Section 11, 1923.37 feet to ,a stop 1 then e p�.n, ._ North 1289.63 feet to a steel pin on saidsoutYierly'riiht-1w$y line of Cherry Lane; thence S. 88°55'33" E., along said ri4ht of -way line, 1089.07 feet to a point; thence along said right- of-way line -on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10'53" and whose long chord bears S. 89°31' E., 236.79 feet to a point; thence N. 89°53134" E., along said right-of-way line, 601.34 -,,.feet to the real point of beginn'ng. Said tract contains 60.15'. -acres, more or less, subject to ase- ments of record or in use. i CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the S the E 1/2 of the NE 1/4 of the said SW 1/4, NE 1/4, the S 1/2 of the NW 1/4, the South less, of the N 1/2 of the said NW 1/4 lying line of the Eightmile Lateral, all lying in E 1/4 of the SW 1/4, the SW 1/4 of �he 712.5 feet, more or Southwest of the ce Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Acta County, Idaho, EXCEPT: A parcel of land lying in the SE 1/4 of Section 3, T. 3N. R. 1W., B.M., Ada County, Idaho, and more particularly des ribed ,as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0019'11" East 1,125.32 feet along the Easterly boundary of said SE 1/4 of Section 3 to a point, lso said point being the REAL POINT OF BEGINNING; thence South, 89058'55" West 255.90 feet; thence North 0°19'11" East 170.11 feet; thence North 89058'55" East 255.90 feet; thence South AMBROSE. FITZGERALD & CROOKSTON ^� GL'1�SC�LciihS" 92'a FAST FIRST Mt -MAN hl Alll� d3b42 TELEPHONE 888.4461 40 16 0°19'11" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section 3, T; 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of 1the said Section 3; thence North 88055129" West 1,051.00 feet alo g the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0019' 1" W., 208.75 feet; thence N. 88°16'49" W., 181.64 feet; thence'! N. 5022149" W., 187.88 feet; thence N. 88055129" W., 90.42 feet; thence N. 0026104" E., 87.02 feet; thence N. 89033156" W�, 74.59 feet; thence N. 0026104" E., 202.46 feet; thence S. 89°3 156" E., 94.59 feet; thence S. 0°26104" W., 269.70 feet; thence S, 88° 55129" E., 270.64 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0°19111" E., 1,412.75 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point, also said point,beingthe REAL POINT OF BEGINNING; thence continuing North 0°19'11" East 155.26 feet; thence North 89040149" W., 487.61 feet; thence S. 71°15'16" E., 63.15 feet; thence S. 70135151" E., 357.24 feet to a point of curve; thence Southeasterly along a curve to the left 18.41 feet, said curve having a central angle of 8°18120", a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing South 74045101" East to a point of tangent; thence S. 78°54'11" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N'1/2 of the SW 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuir North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89024' East 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. i ALSO: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. CHERRY CREEK ANNEXATION The NE 1/4 of the Ada County, Idaho, Eightmile Lateral. NE 1/4 of Section 10, T. 3N., R. 1W., B,. M., lying Northeasterly of the centerline'of the ALSO: The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and the Easterly 10 acres of the NE 1/4 of the NW 1/4, the N 1/2 of the SE 1/4 of the said NW 1/4 and the N 1/2 of the SW 1/4 of the said NE 1/4 all in Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying North and East of the Tenmile Creek. ALSO, Beginning at the NW corner of Section 10, T. 3N., R;. 1W., B.M., Ada County, Idaho; thence East 1,653 feet; thence South 662.5 feet to a point; also said point being the REAL POIOT OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the NE 1/4 of the NW 1/4 of said Section 10; -thence East 666 feet, more or less, along the said Southerly boundary of the NE 1/4 of the NW 1/4 to the SE corner 1� A e AMBROSE. FITZGERALD & CROOKSTON .. ii 1�IlSe.iCi itS � 924 FAST FIRST MkR—fAN I"A" 43642 TELEPHONE 888-4461 0°19'11" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section �, T, 3N., R. 1W., B.M., Ada County, Idaho, and more particularly d scribed as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 88055129" West 1,051.00 feet alog the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0°19':1" W., 208.75 feet; thence N. 88016149" W., 181:64 feet; thence'iN. 5022149" W., 187.88 feet; thence N.88°55'29" W., 90.42 feet; thence N. 0026104" E., 87.02 feet; thence N. 89033'56" W�, 74.59 feet; thence N. 0026104" E., 202.46 feet; thence S. 89°3'56" E., 94.59 feet; thence S. 0026104" W., 269.70 feet; thence S 880 55129" E., 270.64 feet to the point of beginning. ALSO EXCEPT:. A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE orner of the said SE 1/4 of Section 3; thence North 0°19111" E., 1,412.75 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point, also said point,being'the REAL d SE OF BEGINNING; thence continuing North 0°19'11" East 155.26 feet; thence North 89040149" W., 487.61 feet; thence S. 71115'16" E., 63.15 feet; thence S. 70035151" E., 357.24 feet to a point of curve; thence Southeasterly along a curve to the left 18.41 feet, said curve having a central angle of 8°1812011, a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing' South 74°45'01" East to a point of tangent; thence S. 78°54'11" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N'1/2 of the SW 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continu North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89024' East 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. - i ALSO: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. CHERRY CREEK ANNEXATION The NE 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Northeasterly of the centerline'of the Eightmile Lateral. ALSO: i The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and th'e Easterl 10 acres of the NE 1/4 of the NW 1/4, the N 1/2 of the SE 1/4 of the said NW 1/4 and the N 1/2 of the SW 1/4 of the said NE 1/4 all in Section 10, T. 3N., R. 1W., B.M., Ada County, 'Idaho, lying North and East of the Tenmile Creek. ALSO, Beginning at the NW corner of Section 10, T. 3N., B.M., Ada County, Idaho; thence East 1,653 feet; thence S�outh•, 662.5 feet to a point, also said point being the REAL POINT OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the NE 1/4 of the NW 1/4 of said Section 10; thence East 666 feet, more or less, along the said Southerly boundary of the PIE 1/4 of the NW 1/4 to the SE corner A AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS opo [A4t ri—i AIE N�l11AN It�Aii�� tl iKd2 TELEFIHONV 888.4461 0 • CORRECTED ORDINANCE NO. 316A AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF SECTIONS 3, 10 AND 11, IN` TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROP-ERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said city certain real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11., T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: , Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from whic� the northwest corner of said Section 11 bears N. 89003140" W.,; 2653.48 feet, thence S. 0010' W., along the mid-section line of said Section 11, 25.00 feet tc- a steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0010' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31°39' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89020' W. along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89020' W., along the south boundary line of the NJ/ NW 1/4 of said Section 11, 1923.37 feet to -a steel pin, t,hen0e North 1289.63 feet to a steel pin'on said soutYerly'ri0t� _1way line of Cherry Lane; thence S. 88°55133" E., along said richt of -way line, 1089.07 feet to a point; thence along said right- of-way line -on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10'53" and whose long chord bears S. 89°31' E., 236.79 feet to a point; thence N. 89°53134" E., along said right-of-way line, 601.34 -,.feet to the real point of beginning. Said tract contains 60.15.•acres, more or less, subject to 'ase- ments of record or in use. i CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the S the E 1/2 of the NE 1/4 of the said SW 1/4, NE 1/4, the.S 1/2 of the NW 1/4, the South less, of the N 1/2 of the said NW 1/4 lying line of the Eightmile Lateral, all lying in R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of SE 1/4 of the SE 1/4 of Section 3, County Idaho E 1/4 of the SW�1/41 the SW 1/4 of he 712.5 feet, more or Southwest of the cen Section 3, T. 3N., ! the East 210.00 feet of the T. 3N., R. 1W., B.M., Acta EXCEPT: A parcel of land lying in the SE 1/4 of Section 3,1 T. 3N. R. 1W., B.M., Ada County, Idaho, and more particularly des ribed ,as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0°19'11" East 1,125.32 feet along he Easterly boundary of said SE 1/4 of Section 3 to a point, lso said point being the REAL POINT OF BEGINNING; thence South! 89158'55" West 255.90 feet; thence North 0°19'11" East 170.11 feet; thence North 89058'55" East 255.90 feet; thence South AMBROSE. FITZGERALD & CROOKSTON 92u FAST FIRST Mt—IIAN MAW, d 3042 TELEPHONE 888-4461 0°19'11" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section , T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 88155129" West 1,051.00 feet along the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0°19' 1" W., 208.75 feet; thence N. 88°16'49" W., 181.64 feet; thence!'eN. 5022149" W., 187.88 feet; thence N. 88°55129" W., 90.42 feet; thence N. 0°26'04" E., 87.02 feet; thence N. 89°33156" W, 74.59 feet; thence N. 0°26104" E., 202.46 feet; thence S. 89°3'56" E., 94.59 feet; thence S. 0026104" W., 269.70 feet; thence SM 88° 55'29" E., 270.64 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE orner of the said SE 1/4 of Section 3; thence North 0°19'11" E., 1,412.75 feet along the Easterly boundary of the sai SE 1/4 of Section 3 to a point, also said point-being"the REAL POINT OF BEGINNING; thence continuing North 0°19'11" East 155.26 feet; thence North 89040'49" W., 487.61 feet; thence S. 71115'16" E., 63.15 feet; thence S. 70035151" E., 357.24 feet to a point of curve; thence Southeasterly along a curve to the left 18.41 feet, said curve having a central angle of 8°18120", a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing South 74045'01" East to a point of tangent; thence S. 78°54111" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. i ALSO: The North 30.00 acres of a parcel of land lying in the N 1/2 of the SW 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuil North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89024' East 1,980.1 feet; thence South 1,2081.6 feet thence West 1,980.6 feet to the point of beginning. - I ALSO: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. CHERRY CREEK ANNEXATION The NE 1/4 of the Ada County, Idaho, Eightmile Lateral. NE 1/4 of Section 10, T. 3N., R. 1W., S.M., lying Northeasterly of the centerline'of the ALSO: The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 and the Easter13 10 acres of the NE 1/4 of the NW 1/4, the N 1/2 of the SE 1/4 of the said NW 1/4 and the N 1/2 of the SW 1/4 of the said NE 1/4 all in Section 10, T. 3N., R. 1W., B.M., Ada County, iIdaho, lying North and East of the Tenmile Creek. ALSO, Beginning at the NW corner of Section 10, T. 3N., 1W., B.M., Ada County, Idaho; thence East 1,653 feet; thence S uth 662.5 feet to a point, also said point being the REAL POI T OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the NE 1/4 of the NW 1/4 of said Section 10; thence East 666 feet, more or less, along the said Southerly boundary of the ATE 1/4 of the NW 1/4 to the SE corner A 9 AMBROSE FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MFRInInN 1['nV!n l -ON. UOD 44.1 of the West 30 acres of the said NE 1/4 of the NW 1/4 of Section 10; thence North 662.5 feet, more or less, to the South- easterly corner of that tract of land described in Book 106 of Deeds at page 123, filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho; thence West 666 feet, more or less, to the point of beginning, comprising a net area of 52 acres, more or less. ALSO: The NE 1/4 of the NE 1/4 and the E 3/4 of the NW 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Southwesterly of the Eightmile Lateral, comprising 60.3 acres, more or less. BRACE ANNEXATION A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly'des- cribed as follows: Beginning at the NW corner of the said NW 1/4 of the NW 1/4 of Section 11; thence Southerly 300.00 feet along the Westerly boundary of the said NW 1/4 of the NW 1/4 of Section 11; thence South 89003140" East 726.15 feet; thence North 298.29 feet'to a point on the Northerly boundary of the said NW 1/4 of the NTW 1/4 of Section 11; thence North 88°53134" West 726.18 feet along the said Northerly boundary of the NW 1/4 of the NW 1/4 of Section 11 to the point of beginning, comprising a net area of 16.3 acres, more or less. NOW THEREFORE, PE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Section 1. That the aforementioned real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from which the northwest corner of said Section 11 bears N. 89°03140" W., 2653.48 feet, thence S. 0010' W., along the mid-section li a of said Section 11, 25.00 feet to a steel pin on the Southerl right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0010' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31°39' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. ° 8 20' W. along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89°20' W., along the south boundary line of the N 1/ NW 1/4 of said Section 11, 1923.37 feet to a steel pin; thonce North 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S. 88°55133" E., along said right- of-way line, 1039.07 feet to a point; thence along said right- of-way line on a curve to the left with a radius of 11484.16 feet, a central angle of 1110'53" and whose long chord bears S. 89°31' AMBROSE. FITZGERALD & CROOKSTON ir.�nr.lc vc nrrn . unrr,cl. na 'r L4 kA1�I V I H I,I MEHICIIAN 11'"(J87tl42. TELEPHONE 888-4461 i n E., 236.79 feet to a point; thence N. 89053134" E., along said right-of-way line, 601.34 feet to the real point of beginning; Said tract contains 60.15 acres, more or less, subject to ease- ments of record or in use. CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4, the E 1/2 of the NE 1/4 of the said SW 1/4, the SW 1/4 of the NE 1/4, the S 1/2 of the NW 1/4, the South 712.5 feet, more or less, of the N 1/2 of the said NW 1/4 lying Southwest of the cente line of the Eightmile Lateral, all lying in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of the East 210.00 feet of Lhe SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: A parcel of land lying in the SE 1/4 of Section 31, T. 3N. R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0°19111" East 1,125.32 feet along the Easterly boundary of said SE 1/4 of Section 3 to a point,lso said point being the REAL POINT OF BEGINNING; thence South 89°58'55" West 255.90 feet; thence North 0019111" East 1701.11 feet; thence North 89058155" East 255.90 feet; thence South 0°19'11" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 88°55'29" West 1,051.00 feet along the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0°19'11" W., 208.75 feet; thence N. 8801614911 W., 181.64 feet; thence N. 5°22'4900 W., 187.88 feet; thence N. 88°55129" W., 90.42 fe;t; thence N. 0026104" E., 87.02 feet; thence N. 89033156" W.,'74.59 feet; thence N. 0026104" E., 202.46 feet; thence S. 89°33'56" E., 94.59 feet;,thence S. 0°26104" W., 269.70 feet; thence S. 88° 55129" E., 270.64 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4, of Section 3, T. 3N., R. -1W., B.M., Ada County, Idaho, and more particularly described as -follows: Beginning at the SE corner of' the said SE 1/4 of Section 3; thence North 0°19'11" E., 1,412.75 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°19'11" East 155.26 feet; thence North 89040149" W., 487.61 feet; thence S. 71015116" E., 63.15 feet; thence S. 70035151" E., 357.24 feet to a pointjof curve; thence Southeasterly along a curve to the left 18.41 feet, said curve having a central angle of 8°1820", a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing South 74045'01" East to a point of tangent; thence S. 78°54'11" E., 73.61 feet to the point of beginning, comprising a net!area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N 1/2 of the SW 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County,'Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continu. North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89°24' East 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. a T AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AN COUNSELORS 929 EAST: - T MRRIDIAN. IDAHO 83642 TELEPHONE 888-4461 designate the boundaries as altered, to be filed with the da County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6th day of January, 1978° 4 APPROVED: ATTEST: CITY CLERK i� AMBROSE FITZGERALD & CROOKS7'ON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 888-4461 i ORDINANCE NO. AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF SECTIONS 3, 10 AND 11, IN TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CON- TIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said city certain real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from which the northwest corner of said Section 11 bears N. 89°03140 W., 2653.48 feet, thence S. 0°10' W., along the mid-section line of said Section 11, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0010' W., along said mid-section line, 608:`28 feet to a steel pin; thence S. 31039' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89°20' W., along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89020' W., along the south boundary line of the N 1/; NW 1/4 of said Section 11, 1923.37 feet to a steel pin; thence North 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S. 88055133" E., along said right- of-way line, 1089.07 feet to a point; thence along said right- of-way line on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10153" and whose long chord bears S. 89031' E., 236.79 feet to a point; thence N. 89°53'34" E., along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres, more or less, subject to ease- ments of record or in use. CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4, the E 1/2 of the NW 1/4 of the said SW 1/4, the SW 1/4 of the NE 1/4, the S 1/2 of the NW 1/4, the South 712-.5 feet, more or less, of the N 1/2 of the NW 1/4 lying Southwest of the center- line of the Eightmile Lateral, all lying in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: A parcel of 1a:d lying in the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0°19'11" East 1,125.32 feet along the Easterly boundary of said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence North 89°58'55" East 255.90 feet; thence North 0°19'11" East 170.11 feet; thence South 89°58'55" West 255.90 feet; thence South 0°19'11" West 170.11 feet to the point of beginning. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888.4461 • EXCEPT: A parcel of land lying in the E 1/2 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 88055129" West 1,051.00 feet along the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0019111" W., 208.75 feet; thence N. 88016'49" W., 181.64 feet; thence N. 5022149" W., 188.88 feet; thence N. 88°55129" W., 90.42 feet; thence N. 0°26104" E., 87.02 feet; thence N. 89033156" W., 74.59 feet; thence N. 0°26104" E., 202.46 feet; thence S. 89033156" E., 94.59 feet; thence S. 0026104" W., 270.70 feet; thence S. 889 55129" E., 270.74 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said N 1/2 of the SE 1/4 of Section 3; thence North 0019111" E., 1,412.75 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0019'11" East 155.26 feet; thence North 89040'49" W., 487.61 feet; thence S. 71015116" E., 63.15 feet; thence S. 70035151" E., 357.24 feet to a point of curve; thence Southeasterly along a curve to the left 18.41 feet, said curve having a central angle of 8018120", a radius of 127.00 feet, tangents of 9.22 feet and'a long chord of 18.39 feet bearing South 74°45101" East to a point of tangent; thence S. 78954111" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N 1/2 of the SW 1/4 of Section 3, T. 314., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continL North 11187.9 feet along the said Westerly boundary of Section 3; thence North 89924' East 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. CHERRY CREEK ANNEXATION The NE 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Northeasterly of the centerline of the Eightmile Lateral. The W 1/2 of the NW 1/4 of the NE 1/4 and the Easterly 10 acres of the NE 1/4 of the NW 1/4, the N 1/2 of the SE 1/4 of the said NW 1/4 and the N 1/2 of the SW 1/4 of the said NE 1/4 all in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, lying North and East of the Tenmile Creek. ALSO, Beginning at the N -W corner of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho; thence East 1,653 feet; thence South 662.5 feet to a point, also said point being the REAL POINT OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the NE 1/4 of the NW 1/4 of said Section 10; thence East 666 feet, more or less, along the said Southerly boundary of the NE 1/4 of the NW 1/4 to the SE corner of the West 30 acres of the said NE 1/4 of the NW 1/4 of Section '10; thence North 662.5 feet, more or less, to the South - easterly corner of that tract of land described in Book 106 of Deeds at page 123, filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho; thence West 666 feet, more or less, to the point of beginning, comprising a net area of 52 acres, more or less. The NE 1/4 of the NE 1/4 and the E 3/4 of the NW 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Southwesterly of the Eightmile Lateral, comprising 60.3 acres, more or less. BRACE ANNEXATION A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly des- cribed as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11; thence Southerly 300.00 feet along the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence South 89903'40" East 726.15 feet; thence North 298.29 feet to a point on the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence North 88°53'34" West 726.18 feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11 to the point of beginning, comprising a net area of 16.3 acres, more or less. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Section 1. That the aforementioned real property which is described as follows: STUCKER ANNEXATION A tract of land in Section 11, T. 3N., R. 1W., B.M.,-Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, from which the northwest corner of said Section 11 bears N. 89°03140" W., 2653.48 feet, thence S. 0'10' W., along the mid-section line of said Section 11, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0°10' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31039' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89020' W., along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89020' W., along the south boundary line of the N 1/2 NW 1/4 of said Section 11, 1923.37 feet to a steel pin; thence North 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S. 88°55133" E., along said right- of-way line, 1089.07 feet to a point; thence along said right- of-way line on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10153" and whose long chord bears S. 89°31' E., 236.79 feet to a point; thence N.-$9. 53134" E., along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres, more or less, subject to ease- ments of record or in use. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461 1 • CHERRY LANE VILLAGE ANNEXATION The SE 1/4, the E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4, the E 1/2 of the NW 1/4 of the said SW 1/4, the SW 1/4 of the NE 1/4, the S 1/2 of the NW 1/4, the South 712.5 feet, more or less, of the N 1/2 of the NW 1/4 lying Southwest of the center- line of the Eightmile Lateral, all lying in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. lW., B.M., Ada County, Idaho, EXCEPT: A parcel of land lying in the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0019'11" East 1,125.32 feet along the Easterly boundary of said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence North 89°58'55" East 255.90 feet; thence North 0°19'11" East 170.11 feet; thence South 89058155" West 255.90 feet; thence South 0919'11" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 880551291 West 1,051.00 feet along the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0°19'11" W., 208.75 feet; thence N. 88°16149" W., 181.64 feet; thence N. 5922149" W., 188.88 feet; thence N. 88055129" W., 90.42 feet; thence N. 0026104" E., 87.02 feet; thence N. 89°33156" W., 74.59 feet; thence N. 0026104" E., 202.46 feet; thence S. 89033156" E., 94.59 feet; thence S. 0°26104" W., 270.70 feet; thence S. 88° 55129" E., 270.74 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows.: Beginning at the SE corner of the said N 1/2 of the SE 1/4 of Section 3; thence North 0019'11" E., 1,412.75 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North '0°19'11" East 155.26 feet; thence North 89°40149" W., 487.61 feet; thence S. 71°15116" E., 63.15 feet; thence S. 70035151" E., 357.24 feet to a point of curve; thence Southeasterly along a curve to the left 18.41 feet, said -curve having a central angle of 8°18120", a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing South 74045101" East to a point of tangent; thence S. 78054111" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N 1/2 of the SW 1/4 of Section 3,,T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner of Section 3; thence North 1,487.55 feet along the `Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continu North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89024' East 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN IDAHO 83642 TELEPHONE888-4461 CHERRY CREEK ANNEXATION The NE 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Northeasterly of the centerline of the Eightmile Lateral. The W 1/2 of the NW 1/4 of the NE 1/4 and the Easterly 10 acres of the NE 1/4 of the NW 1/4, the N 1/2 of the SE 1/4 of the said NW 1/4 and the N 1/2 of the SW 1/4 of the said NE 1/4 all in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, lying North and East of the Tenmile Creek. ALSO, Beginning at the NW corner of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho; thence East 1,653 feet; thence South 662.5 feet to a point, also said point being the REAL POINT OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the NE 1/4 of the NW 1/4 of said Section 10; thence East 666 feet, more or less, along the said Southerly boundary of the NE 1/4 of the NW 1/4 to the SE corner of the West 30 acres of the said NE 1/4 of the NW 1/4 of Section 10.; thence North 662.5 feet, more or less, to the South- easterly corner of that tract of land described in Book 106 of Deeds at page 123, filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho; thence West 666 feet, more or less, to the point of beginning, comprising a net area of 52 acres, more or less. The NE 1/4 of the NE 1/4 and the E 3/4 of the NW 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Southwesterly of the Eightmile Lateral, comprising 60.3 acres, more or less. BRACE ANNEXATION A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly des- cribed as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11; thence Southerly 300.00 feet along the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence South 89003140" East 726.15 feet; thence North 298.29 feet to a point on the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence North 88°53'34" West 726.18 feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11 to the point of beginning, comprising a net area of 16.3 acres, more or less. be and the same is hereby accepted, as requested by the owners, and made a part of the City of Meridian, Ada County, Idaho, and said real property is hereby zoned "A" Residential. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 888-4461 Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this -- -,9Z- day of December, 1977. APPROVED: MA OR ATTEST: CITY En AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83842 TELEPHONE 888-4461 q AMBROSE. FITZGERALD & '�"OOKS TON AIIONNt V� Aldi COUNSELORS 929 EAST FIRST M FRI—AN. In AHO ftLEPyONE 888-4461 \ I NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN; pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hear- ing before the Planning and Zoning Commission will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on December 12, 1977 for the purpose of annexing and zoning the following described property. shall be heard at said hearing. Any and all interested parties The following described property to be ]mown as STUCKER ANNEXATION and to be zon d "A" Residential: A(W 14 A tract of land in Sec ior. 11 ''' R. 1W., B.M., Ada County, Idaho, more particularly descxibedJasfollows: Commencing at the one-quarter section corner common to Sections'2 and 11, T. 3TJ., R. 1W.1 B.111., Ada County, Idaho, from which the) northwest corner of said Section 11 bears N. 89°03'40" W., 2653.48 feet, thence S. 0°10' W., along the mid-section line of said Section 11, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry lane, THE REAL POINT OF BEGINNING; thence S_ 0°10' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31°39' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89°201 W., along the south boundary line of the 'J 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence L4,. 891201 W., along the south boundary line of the N 1/2 NW 1/4 of said Section 11, 1923.37 feet to a steel pin; thence North 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Laney thence S. 88°55'33" E., along said right- of-way line, 1089.07 feet 'to a point; thence along said right- of-way line on a curve to 'the left with a radius of 11484,16 feet, a central angle of 1°10'53" and whose long chord bears S. 89°31' E., 236.79 feet to a pointy 'Thence N. 89°53134" E., along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres,, more or less, subject to ease- ments of record or in use. The following described property to be known as CHERRY LANE VILLAGE ANNEXATION and to be zoned "A" Residential: The SE 1/4, the E 1/2 of the 1/2 of the SE 1/4 of the SW 1/4, the E 1/2 of the ',W 1/4 of the said SW 1/4, the SW 1/4 of the NE 1/4, the S 1/2 of the NW 1/4, the South 712.5 feet, more or less, of the N 1/_. of the IvW 1/4 lying Southwest of the center- line of the Eightmile 7 ateral, a12 lying in Section 3, T. 3N., R. 1W., B.M., Ada County, I(aho, EXCEPT: The South 320.00 feet of the East 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 31J., R. 1W., B.M., Ada County, Idaho, EXCEPT: A parcel of land ly?.rig in the SE 1/4 of Section 3, T. 3N,, R. M, B.M., Ada +: ounty, Idaho, and r:iore -articularly described w AMBROSE FITZGERALD & CROOKSTON ATTORNEYS AND f_OUNSELORS -- K—. 1—I MERIDIAN. ILJAHU a 3642 TELEPHONE 888-4461 as follows: Beginning at the SE corner of the said SE 1/4 of Section 3; thence North 0119111" East 1,125.32 feet along the Easterly boundary of said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence North 89°58'55" East 255.90 feet; thence North 0019'11" East 170.11 feet; thence South 89°58'55" West 255.90 feet; thence South 0119111" West 170.11 feet to the point of beginning. EXCEPT: A parcel of land lying in the E 1/2 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the NE corner of the SE 1/4 of the said Section 3; thence North 88155129" West 1,051.00 feet along the Northerly boundary of the said SE 1/4 of Section 3, also said point being the REAL POINT OF BEGINNING; thence S. 0°19'11" W., 208.75 feet; thence N. 88016149" W., 181.64 feet; thence N. 5°22'49" W., 188.88 feet; thence N. 88055'29" W., 90.42 feet; thence N. 0°26104" E., 87.02 feet; thence N. 89033'56" W., 74.59 feet; thence N. 0°26'04" E., 202.46 feet; thence S. 89133156" E., 94.59 feet; thence S. 7°26'04" W., 270.70 feet; thence S. 88° 55129" E., 270.74 feet to the point of beginning. ALSO EXCEPT: A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 3, T. 3N., R. lw., B.M., Ma County, Idaho, and more particularly described as follows: Beginning at the SE corner of the said N 1/2 of the SE 1/4 of Section 3; thence North 0°19'11" E., 1,412.75 feet along the easterly boundary of the said SE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°19'11" East 155.26 feet; thence North 89°40'49" W., 487.61 feet; thence S. 71°15'16" E., 63.15 feet; thence S. 70°35'51" E., 357.24 feet to a point of curve; thence Southeasterly ,Tong a curve to the left 18.41 feet, said curve having a central angle of 8°18'20", a radius of 127.00 feet, tangents of 9.22 feet and a long chord of 18.39 feet bearing South 74145'01" Fast to a point of tangent; thence S. 78°54'11" E., 73.61 feet to the point of beginning, comprising a net area of 330.19 acres, more or less. ALSO: The North 30.00 acres of a parcel of land lying in the N 1/2 of the SW 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the SW corner. -of Section 3; thence North 1,487.55 feet along the Westerly boundary of said Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence continu North 1,187.9 feet along the said Westerly boundary of Section 3; thence North 89124' Fast 1,980.1 feet; thence South 1,208.6 feet; thence West 1,980.6 feet to the point of beginning. The South 320.00 feet of the east 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, If. 3r_a., a. 1W.,, B.M., Ada County, Idaho. The following described property to be }mown as CHERRY CREEK ANNEXATION and to be zoned "A" Residential: The NE 1/4 of the NE 1/4 of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho, lying Northeasterly of the centerline of the Eightmile Lateral. The W 1/2 of the N"K 1/4 of the NE 1/4 and the Easterly 10 acres of the NE 1/4 of the 7L^ 1/4, the N 1./2 of the SE 1/4 of the said NW 1/4 and the iv 1/2 of the STI 1/4 of the said NE 1/4 all in Section 3, T. 3N.e R. 1W., B.M., Ada County, Idaho, lying North and East of the Tenmile Creed. n AMBROSE FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461 ALSO, Beginning at the NW corner of Section 10, T. 3N., R. 1W., B.M., Ada County, Idaho; thence East 1,653 feet; thence South 662.5 feet to a point, also said point being the REAL POINT OF BEGINNING: thence South 662.5 feet, more or less, to a point on the Southerly boundary of the 17E 1/4 of the NW 1/4 of said Section 10; thence East 666 feet, more or less, along the said Southerly boundary of the NE 1/4 of the NW 1/4 to the SE corner of the West 30 acres of the said NE 1/4 of the NW 1/4 of Section 10; thence North 662.5 feet, more or less, to the South- easterly corner of that tract of land described in Book 106 of Deeds at page 123, filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho; thence West 666 feet, more or less, to the point of beginning, comprising a net area of 52 acres, more or less, The NE 1/4 of the NE 1/4 and the E 3/4 of the NW 1/4 of the NE 1/4 of Section 10, T. 3U., JR. lW., B.4., Ada County, Idaho, lying Southwesterly of the Eight'nileiateral, comprising 60.3 acres, more or less. The following described property to be known as BRACE ANNEXATION and to be zoned "A" Residential: A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly des- cribed as follows: Beginning at the NE corner of the said NE 1/4 of the NE 1/4 of Section 11; thence Southerly,,300.00 feet along the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence South 89103'40" East 726.15 feet; thence North 298.29 feet to a point on the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 11; thence North 88153'34" West 726.18 feet along the said Northerly boundary of the NE 1/4 of the NE 1/4 of Section 11 to the point of beginning, comprising a net area of 16.3 acres, more or less: DATED This u� day of November, 1977. � l 'City Clerk STATE OF IDAHO ) ss. County of Ada ) I, HERALD J. COX, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF SECTIONS 3, 10 AND 11, IN TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CON- TIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO," passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the day of December, 1977, as the same appears in my office. DATED This day of December, 1977. City Clerk of the City of Meridian, Ada County, Idaho. STATE OF IDAHO } ss. County of Ada ) On this day of December, 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared HERALD J. COX, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) AMBROSE FITZGERALD & CROOKSTON ATTORNEY5 AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461( Notary PuElic for Idaho Residence: Meridian, Idaho. t L40TICE OF ANIaEXATION AND ZONING HEARING NOTICE IS HEREBY GIVEN!, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing before the City Council will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on Monday, December 19, 1977 for the purpose of annexing and zoning the following described property. Any and all persons interested shall be heard at said hearing. The following descrited property to be known.as STUCKER ANNEXATION and to be zoned "A" Residential: A tract of land in Section 11, T. 31NI., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the one-quarter section corner common to Sections 2 and 11, T. 3N., R. 1W., B.., Ada County, Idaho, from which the northwest corner of said Section 11 bears `1. 89103140" W., 2653.48 feet, thence S. 0°10' W., along the mid-section line of said Section 11, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry Lane, THE REAL POINT OF BEGINNING; thence S. 0°10' W., along said mid-section line, 608.28 feet to a steel pin; thence S. 31139' E., along the Westerly side of a large drain ditch, 807.49 feet to a steel pin; thence N. 89°20' W., along the south boundary line of the N 1/2 NE 1/4 of said Section 11, 425.73 feet to the north one -sixteenth corner of said Section 11; thence N. 89020' W., along the south boundary line of the N 1/2 NW 1/4 of said Section 11, 1923.37 feet to a steel pin; thence North 1289.63 feet to a steel pin on said southerly right-of-way line of Cherry Lane; thence S. 88°55'33" E., along said right- of-way line, 1089.07 feet to a point; thence along said right- of-way line on a curve to the left with a radius of 11484.16 feet, a central angle of 1°10'53" anO, whose long chord bears S. 89131' E., 236.79 feet to a point; thence N. 89°53'34" E., along said right-of-way line, 601.34 feet to the real point of beginning. Said tract contains 60.15 acres, more or less, subject to ease- ments of record or in use. The following described property to be known as CHERRY LANE VILLAGE ANNEXATION and to be zoned "A" Residential: The SE 1/4, the E 1/2 of the`, 1/2 of the SE 1/4 of the SW 1/4, the E 1/2 of the NW 1/4 of the said SW 1,/4, the SW 1/4 of the NE 1/4, the S 1/2 of the aW 1/ 4, the South 712.5 feet, more or less, of the N 1/2 of the NW 1/4 lying Southwest of the center- line of the Eightmile Lateral, all lying in Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, EXCEPT: The South 320.00 feet, of the ?;ast 210.00 feet of the SE 1/4 of the SE 1/4 of Section 3, T. 37., R. 1W., B.M., Ada County, Idaho, AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 888.44611 , r.� Before P & Z December 11, 1978 Before City Council January 2, 1979 �. Comment Item 401- - r v Preliminary PlatV'Revievi BebA on Subdivision in Stucker Annexation Located on West Cherry Lane West of Linder on the South side 10 . Richard Williams: 1) Recommend denial - no amenities or open spaces provided 2) Define what lots will be duplex 3) Densities too ill-defined until Item #1 is complete 4) Need restrictive convenants. 11F. Joseph Glaisyer: Recommend approval after review of restrictions I am concerned with the property East of the project next to Nine Mile Creek - what are the intentions for this? 12.= Meridian Post Office: (Map enclosed) 13, 14, 15 . 16. See RED DOTS on Plat�4ap. Recommend these be the minimum for Cut Outs for Box Receptical - supports for curb side delive�ry�� Central Dist. Health Dept.: Preliminary Plat can be approved for Central Sewage and Central Water 2) Plans for Community Sewage & Central Water must be submitted to and approved by the Regional Health & Welfare Environmental Services Office 3) Street runoff is not to create a mosquito breeding problem. Ada County Highway Dist: Not a letter of approval - Recommendations as follows: 1) Provide all street improvements to ACHD Standards, Spec's and Policies. 2) Provide topographic drawing of plat. -show proposed street grades & overall drain run-off disposal plan. 3) Cherry Lane currently has 50' right-of-wqy - requirs 80' right-of-wqy. Provide by plat an additional 15' of right-ofpway south of the section line. 4) Note on plat lot access restriction for lots fronting onto Cherry Lane. 5) Provide temp. turn-arouhd on the south end of Bethaven Way, 6) Street names shown are acceptable in length in accordance to ACED street name signing policy. Important: See Original Letter from ACED with file for additional comments be applied if units are to be developed and platted se ately. Also list of fees and time limit. Fire Chief: Same as previous comment (Page 1) Also: Density of population growth compromises ability of Fire Department as now constituted to provide complete and adequate protection. Future Development should be Conditional on the amount of services to be provided and to what extent the developers will supply financing or aid to these services. Grant Kingsford: 1) It looks like a person could easily get lost in this Sub. It looks like a maze. 2) Need restrictive covenants. 3) Lacks access - can only enter or leave from Cherry Lane. 17. Planning and Zoning: Recommend approval of the Preliminary Platt with provisions for access to the West 1.2.79: TABLED BY CITY COUNCIL Meridian Citv Council 4. May 2, 1983 Item 8 Claim by Roy Haney for Water Heater Cont'd . . . . . . Councilman Brewer said that he "didn't feel right about it," and would "like to be -able -to wholly understand what took place, if I have to vote on it." Brewer said that he felt the information presented before was "very professional". The Motion was made by Brewer and seconded by Kingsford to table the approval or denial of Mr. Haney's request for reimbursement for his water heater. Motion Carried: Kingsford, yea; T6lsmd#,1j-Veaf Orton, yea; Brewer, yea Item 9 Request by Lee Stucker Developer of Bethaven Subdivision for Extension on Development Mayor Glaisyer reported to the Council that Lee Stucker the Developer for Bethaven Subdivision had submitted a written request for an extension of time to proceed with the development of Bethaven Subdivision. Stucker cited "continued depressed economic conditions" as the reason for the request, and stated it is "not feasible to proceed with the development of Bethaven Subdivision at this time." The Motion was made by Kingsford and seconded by Brewer to grant an extension on the development of Bethaven Subdivison for six months. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea Orton, Obstain Being there no other business to come before the Council this evening . . . . The Motion was made by Kingsford and seconded by Brewer to adjourn at 8:20 p.m. Motion Carried: Kingsford, yea; Tolsma, yea; Brewer, yea; Orton, yea ATTEST: H. Niemann, /City Clerk pc: Mayor & Council (5) P&Z Comm. (6) City Atty; Stuart Ward; JUB; Schoen City Treasurer Police; Fire; Ada County Comm; ACHD: Ada County Zoning Dir.; APA Central Dist. Health; Nampa -Meridian Irr. Hein; Valley News; Statesman; Press Trib. APPROVED: JOSEPH GLAISYER, MAYOR File: Farmers Club Elixir Ind. (Club Wholesale) Crandlemire Annexation Roy Haney Bethaven Sub. Mail: Crandlemire (Al Marsden) Farmers Club (Don Bennett) Club Wholesale (Elixir Ind.) Roy Haney Bethaven Sub. (Lee Stucker) Meridian City Council 2. Feb. 07, 1983 Agenda 4 Appointment of Walt Morrow to Planning & Zoning Commission Mayor Glaisyer appointed Walt Morrow to the Meridian Planning & Zoning Commission for a 6 year term. The Motion was made by Kingsford and seconded by Brewer to approve of the appointment of Walt Morrow to the Meridian Planning & Zoning Commission for a 6 year term. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Agenda 5 Ordinance #419 - - Agenda 6 Agenda 7 Mayor Glaisyer read: "Ordinance No. 419, AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO." Mayor Glaisyer: "Is there anyone present that wishes Ordinance #419 read in its entirety?" There was no response. The Motion was made by Kingsford and seconded by Tolsma that the rules and provisions 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 419 as read be passes and approved. ' Motion Carried: Kingsford, yea; Tolsma, yea; Br6w!er,;yea;,; Orton, Abstain Ordinance #420 Mayor Glaisyer read: "Ordiannce No. 420, AN ORDINANCE ESTABLISHING AND FIXING RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN, STATE OF IDAHO: AND PROVIDING AN EFFECTIVE DATE HEREOF. Mayor Glaisyer: "This Ordinance sets the procedures for holding Public Hearings." "Is there anyone present that wishes Ordinance No. #420 read in its entirety?" - There was no response. Kingsford: (Addressing City Attorney Wayne Crookston) "Is this basically the same as the Association of Idaho Cities draft?" Crookston: "It is basically the'same with a few of my changes I think appropriate to for the way we have been operating." Councilman Orton questioned Crookston on the changes. Crookston explained that he would have to look at both documents and compare the two. There was discussion. (Tape on File, City Clerk's Office) The Motion was made by Kingsford and seconded by Orton to table Ordinance Number 426 until the next regular meeting of the City Council, February 22, 1983. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Bills The bills were read. The Motion was made by Kingsford and seconded by Tolsma to approve the bills. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea /v q7Y OF qpE RI D T AN ADA COUNTY, IDAHO x h fd hit z5ti SEWER EASEMENT Sd THIS NDE�TTURE, made this ?ay of Fe , 1982, between nr t Roy and, ,Fae. Marie Stucker as trustees of the Lee Roy and Fae s a Stucker .Trust, and F. Marls Burnham a., 7Net ie M. Burnham, of.:. the first part, hereinafter called Grantors, sand of Meridian, State of Idaho, a municipal corporation, arty P.f the second part, hereinafter called Grantee; W I T N E S S E T H: a4- k 3 s AS, .'Gx'aY tors desire to provide a sanitary sewer right - P{ t fi •y' A i Jt v? across i'the -premises and property hereinafter particularly i�detf�d,; described; and the sanitary sewer is to be provided for through an d h 1 F3 p , 4; p,pel,ane to be constructed by Grantor; and R4AS, :it will be necessary to maintain and service said a Eam time .to time by Grantee; S� 4 - - z ^* a HEREFORE, Grantors do hereby give, grant and convey '' c, a�t the `right-of-way for an easement for the operation 0dAW 4,`* da- d - onance,- of a sanitary sewer line over and across the fol- f � ,n4,'�kd�scribedproperty° r f iAent being located in the NE3NW 4 of Section 11, T-3 N . , Oyyras. H®M®:, Aida .County, Idaho, more particularly described as encing at the one-quarter section corner common to Sec- ' X77 T-� T, Ap 7� n��',1 ls, .3 Nm g R. IpV'e g Bm1'd• g Ada County, IdahOB from y a �r h tie northwest corner of said Section 11 bears N.89003'40''Wo °> " X48 ,'fee,,, thence N ®89 °03' 4Q "W a along the section line common r ` "; t '.S,eq.,`A+Ca s 2 and 11, 418-23 feet to a point; thence 1° i, e 0W�..8-4,E1.00 feet to a point; thence c .15 °05' E. g 286.46 a r tiy0 %� point, thence S.27"15'-.., 231.135 feet t0 a nOint; 2 21 E., 32.77 feet to the real po"�nt of beginning; 30011 feet to a'rr2 '''' •`b8�' t 3 ,..:,:.. "hence e 8 2 ° 40'E a po`nt; to' a1nt; thence N.0°10'E., o g 30.26 -feet to a point; . tene82°40;°Wa a 166085 feet to the real Point of beginning. tThe" `easement hereby granted is for the purpose of construc- �ti+ k 4dt`.ant. operation of a sanitary sewer line and allied facili- . re tegether'.with" their maintenance, repair, and replacement at 1f , 5 rc+QnVenke4gq.,of:.G:rantee, with the free richt of access to such �a.1t es : at any and all times �i kFJ ''O TAi1E AND TO HOLD, the said easement and right-of-way unto , S udt0�,: its. successors and: assigns forever° �X ! a° moi'''EXF + .`,�INDERSTOOD AND AGREED, by and ' between the t � � _-pan making repairs and replacements, th.e i X� �, restore thepedlently premises to a condition O1dlySob vv 0 ; ' e "Y ® � 'exxstent 'prior to undertaking such repairs and «t'Y qr � , 1 f � 1 BE'iHAVEN SUBDIVISION /v q7Y OF qpE RI D T AN ADA COUNTY, IDAHO x h fd hit z5ti SEWER EASEMENT Sd THIS NDE�TTURE, made this ?ay of Fe , 1982, between nr t Roy and, ,Fae. Marie Stucker as trustees of the Lee Roy and Fae s a Stucker .Trust, and F. Marls Burnham a., 7Net ie M. Burnham, of.:. the first part, hereinafter called Grantors, sand of Meridian, State of Idaho, a municipal corporation, arty P.f the second part, hereinafter called Grantee; W I T N E S S E T H: a4- k 3 s AS, .'Gx'aY tors desire to provide a sanitary sewer right - P{ t fi •y' A i Jt v? across i'the -premises and property hereinafter particularly i�detf�d,; described; and the sanitary sewer is to be provided for through an d h 1 F3 p , 4; p,pel,ane to be constructed by Grantor; and R4AS, :it will be necessary to maintain and service said a Eam time .to time by Grantee; S� 4 - - z ^* a HEREFORE, Grantors do hereby give, grant and convey '' c, a�t the `right-of-way for an easement for the operation 0dAW 4,`* da- d - onance,- of a sanitary sewer line over and across the fol- f � ,n4,'�kd�scribedproperty° r f iAent being located in the NE3NW 4 of Section 11, T-3 N . , Oyyras. H®M®:, Aida .County, Idaho, more particularly described as encing at the one-quarter section corner common to Sec- ' X77 T-� T, Ap 7� n��',1 ls, .3 Nm g R. IpV'e g Bm1'd• g Ada County, IdahOB from y a �r h tie northwest corner of said Section 11 bears N.89003'40''Wo °> " X48 ,'fee,,, thence N ®89 °03' 4Q "W a along the section line common r ` "; t '.S,eq.,`A+Ca s 2 and 11, 418-23 feet to a point; thence 1° i, e 0W�..8-4,E1.00 feet to a point; thence c .15 °05' E. g 286.46 a r tiy0 %� point, thence S.27"15'-.., 231.135 feet t0 a nOint; 2 21 E., 32.77 feet to the real po"�nt of beginning; 30011 feet to a'rr2 '''' •`b8�' t 3 ,..:,:.. "hence e 8 2 ° 40'E a po`nt; to' a1nt; thence N.0°10'E., o g 30.26 -feet to a point; . tene82°40;°Wa a 166085 feet to the real Point of beginning. tThe" `easement hereby granted is for the purpose of construc- �ti+ k 4dt`.ant. operation of a sanitary sewer line and allied facili- . re tegether'.with" their maintenance, repair, and replacement at 1f , 5 rc+QnVenke4gq.,of:.G:rantee, with the free richt of access to such �a.1t es : at any and all times �i kFJ ''O TAi1E AND TO HOLD, the said easement and right-of-way unto , S udt0�,: its. successors and: assigns forever° �X ! a° moi'''EXF + .`,�INDERSTOOD AND AGREED, by and ' between the t � � _-pan making repairs and replacements, th.e i X� �, restore thepedlently premises to a condition O1dlySob vv 0 ; ' e "Y ® � 'exxstent 'prior to undertaking such repairs and «t'Y qr r ' Meridian City Hall - Agenda 2 3ecial Meetini .2. February 26, 1981 Sheri Lo -h -Subdivision - Square Footage Requirements Hearing Mayor Glaisyer: "Hearing open for Sheri Lynn Subidivision" Phil Harper: "Mr. Mayor, Gentlemen of the Council, we are before you to change our restrictive covenants to exploit the 1350 sq. feet minimum of housing to comply with the new Ordinance Plumber 383; January 5, 1981. These square footages were proposed by Gordon'Leishman who has given nye an offer on this Subdivision - if you will notice he has stayed well above the 1,000 sq. foot level. His smallest unit being 1048 sq. feet.." Mayor: "Anyone- from the Public that would wish to comment on Sheri Lynn Subdivision located on North Linder?" Ray Kellogg: "I an, curious as why this is being changed? What happened to the 1350?" Mayor Glaisyer: "We changed the 1350 sq. foot minimum to accomodate the people for economy. We have consistently said, until we get our ordinances completed, we were going to maintain that emergency ordinance. Our new ordinance is not complete and we don't expect to be until June , at which time the ordinances for subdivision and development hopefully will be able to address the residential sector of the community." It was explained to Mr. Kellogg, who is a property owner north of Sheri Lynn Subdivision, that the minimum square footage is 1000 feet and that the minimum amount of any Subdivision is 10%. Councilman Kingsford explained that it works out that they have more flexibility in the kind of housing they build, but as far as an average it still stays up there - at a high square foot area. Kingsford: "The square footage is spelled out upon the plat so you could find out which ones are which percentage." Kellogg: "Double Garage?" Harper: "I believe he is building double garage." Kellogg: "I work in construction and I see the garage is bigger than the house." Mayor: "Any more public comment?" Jim Tully : "I was wondering isn't Sheri Lynn Subdivision tied in with Meridian Park?" Harper: "Mr. Tully, we are not in any way legally tied in with them, or financially." There was discussion concerning the transaction of a re -plat and a trade of as many square feet as needed for configuration with Meridian Park Subdivision. Mr. Tully was concerned because of hispro ert propert line before the trade off between Sheri Lynn SubdivisionlandeinMeridianraiParktSubdivision. The Motion was made by Kingsford and seconded by Williams that Sheri Lynn Subdivision proposed square footage requirements as presented, two lots at 1,000; four.lots at 1100 sq. feet; six at 1200 sq. feet and four at 1300 sq. feet be approved. Motion Carried: Williams, yea; Brewer, yea; Orton, yea; Kingsford, yea Agenda 3 Bethaven Subdivision - Tabled from 2.19.81 Regular meeting - Square Footage Requiremehts Lee Stucker, 2695 West Cherry Lane, presented the Final Plat of Bethaven Subdivision designating the percentage square footage for housing. Neal Eagar, Tudor Engineering, was also present. Stucker: "I feel that I have no problem at all with the size of houses - with the percentages, etc." Brewer: In regard to the complaint on the duplexes - you have changed the location of those?" Stucker: "Yes, we did have four (4) duplexes but with the percentage requirement have gone to two (2) duplexes. Only one will remain on the north side." Williams: "I assume that the duplex lots are 1,000 feet?" Stucker: "Yes" Mayor: "Are there any questions from the public regarding Bethaven Subdivision?" There were none. The Motion was made by Kingsford and seconded by Brewer that the Bethaven Subdivision Final Plat proposal as presented be approved. Motion Carried: Williams. yea; Brewer, yea; Kingsford, yea Orton, Abstain Meridian City Hall _ Special Meetin .3. February 26 1981 Williams: "Mr. Mayor, I do have one question. We have approved three Subdivisions tonight and the way that these stand and are built, I realize this is a small item but they add up - the City has talked about this before, I would very much like to see that it be a policy of the City that the Developer be responsible completely for the installation of street lights within the Subdivision. I don't think that this is a cost that should be borne by the taxpayers as a whole. It is, under the PUC Schedules, quite a bit more expensive than it is if the Developer installs the street lights at his expense. The City spends $25,000 a year on street lights and as a major concern of our budget I think the City should change to this policy." Kingsford: "We should be looking at that in our new Ordinances." fo, Agenda 1981 City Hall Remodel and Addition - Bid Award 4 Mayor: "Both low bidders have complied with all of the requests. Barton Construction Company Inc..was the lowest bidder." The Motion was made by Orton and seconded by Brewer to authorize Mayor Joseph Glaisyer to award the contract to the lowest responsive bidder, Barton Construction Company Inc. $24,137.00 Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda 5 Amended Ordinance No. 377 - Locust Grove Industrial Park Annextion Mayor Glaisyer read Amended Ordinance No. 377 entitled: AN ORDINANCE ZQNTNG CERTAIN REAL -PROPERTY WHICH TS'DESCRIBED AS A PART OFTHESE1/4, SWI1/4AAND ND THE SCJ J/4z,`Skh'1/4` OF SECTIOPa'.8., T. 3N., R 1E.', B.M. ,. Ada County, Idaho, and the S 1/2 OF THE.NE 1/4 OF THE SW 1/4 AND THE SE 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 8, T. 3N., R. 1E., B.M., Ada County, Idaho, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Mayor: "Is there anyone in the audience that would wish to have Amended Ordinance 377 read in it's entirety?" There was no response. Mayor: "This Ordinance was brought about as this property was annexed earlier in the year and they later found out it had an improper legal, so we have come back to amend that with the proper legal description." The Motion was made by Williams and seconded by Kingsford that the rules and provisions Of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Amended Ordinance Number 377 as read be passed and approved. Motion Carried: Williams, yea; Brewer, yea; Kingsford, yea; Orton, yea Igenda dater Line Project - Rick Orton, Water Commissioner 6 Orton: "Gentlemen I have one of the small water projects that I would really like to get underway. You have all had a little opportunity to look at the draft audit, we would use money that is surplus from last years revenues from the water department to fund this. This project is proposed on East Carlton, from 2 1/2 Street roughly one block and a half where we would install an 8 inch water line, one fire hydrant, 5 or 6 service connections in there. This is an area of town that right now is being served by 1" or 3/4" - you can see the existing lines down there by the alley and it is just absurb, these people are under a real hardsharp. I would likeyour authorization to go ahead and bid this project as outlined in this sketch. (Sketch on file with E. Carlton Water Line) I estimate that the cost now would be closer to $16,000.00. Council members discussed this project and were all in favor. The Motion was made by Orton and seconded by Brewer to advertise for bids on March 19, 1981, & reconstruction to be complete in approximately three weeks on East Carlton. Motion Carried: Williams, yea; Brewer; yea; Orton, yea; Kingsford, yea There being no other business to come before the Council the Motion was made by Brewer and seconded by Orton that the meeting be adjourned at 8:02 P.M. Motion Carried: Williams, yea; Kingsford, yea; Orton, yea; Kingsford, yea ATTEST: Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the ;it of Meridian and the laws of the State of Idaho, that a hearing Y City of Meridian at the Till be held before the City Council of the at the hour of 7:30 0, clock p 'ity Hall in the City of Meridian, •n►• :)n the 17th day of February, 1981, for the purpose of approving the Preliminary and Final Plat of Bethaven Subdivision which would be located, if approved, upon the following described premises. A tract of land in the NW 1/4 of Section 11, T. 3N., R. 1 W . , B. M., Ada County, Idaho. A more particular description of said property is. on .file at the Office of the City Clerk, Meridian City Hall. Any and all parties interested shall be heard at the above scheduled hearing. AMBROSE, FITZGERALD. OROOKSTON 6 McLAM Attomeys and Oounselom 1 P.O. Box 427 Mwidlan, Idaho &9842 Telephone 88840, I 4. , a PaL'.zN<izre-drm�man, C ty Clerk AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 lephons 888.1451 ORDINANCE NO. 316A AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 11, T. 3N., R.1W. , B.M., ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN WHICH PROPERTY IS ADJA- CENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described; an d WHEREAS, the said property described below was inadvertently excluded from the right-of-way description for Cherry Lane in Meridian Ordinance No. 316: COND STUCKER ANNEXATION: A tract of land located in Section 11, T. 3N., R. -1W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at the one-quarter corner common to Sections 2 and 11, T. 3N., R. 1TA7. , B.M., Ada County, Idaho, said corner being THE REAL POINT OF BEGINNING of this description, from which the Northwest corner of said Section 11 bears N. 89° 03140" W., 2653.48 feet; thence S. 0010' W., along the mid-section line of. said Section 11, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry Lane Road; thence along said right-of-way line S. 89153134" W. a distance of 601.34 feet to a point; thence along said right-of-way line on a curve to the right, having a radius of 11,484.16 feet, a central angle of 1010' 53" and a long chord bearing N. 89031' W. a distance of 236.79 feet to a point; thence along said right-of-way line N. 88055133" W. a distance of 1089.07 feet to a steel pin; thence North 25.0 feet to a point on the section line common to Section 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho; thence S. 89055133" E. along said section line a distance of 1089.54 feet to a point; thence along said section line on a curve to the left, having a radius of 11,459.16 feet, a central angle of 1°10'53" and a long chord bearing S. 89031' E. a distance of 236.28 feet to a point; 9 AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83812 itepho" 8884487 thence N. 89053134" E. along said section line a distance of 601.46 feet to the REAL POINT OF BEGINNING, comprising an area of 1.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE T AYOR AND CITY COUNCIL OF THE CITY OF 1HERIDIAN, ADA COUNTY IDP.HO: Section.l. That the aforementioned real property, which is described as follows, is hereby annexed tb the City of Meridian: A tract of land located in Section 11, T. 3N., R. 1W., B.M.; Ada County, Idaho and more particularly described as follows: Commencing at the one-quarter corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County., Idaho, said corner being THE REAL POINT OF BEGINNING of this description, from which the Northwest corner of said Section 11 bears N. 89103140" W., 2653.48 feet; thence S. 0010' W., along the mid-section line of said Section 11, 25.00 feet to a steel pin on the Southerly right - of way line of Cherry Lane Road; thence along said right-of-way line S. 89°5334" W. a distance of 601.34 feet to a point; thence along said right-of-way line on a curve to the right, having a radius of 11,484.16 feet, a central angle of 1110' 53" and a long chord bearing N. 890311 W., a distance of 236. 79 feet to a point; thence along said right-of-way line N. 8805513311 W. a distance of 1089.07 feet to a steel pin; thence North 25.0 feet to a point on the section line common to Section 2 -and 11, T. 3N., R. 1W., B.M., Ada County, Idaho; thence S. 89°55'33" E. along said section line a distance of 1089.54 feet to a point; thence along said section line on a curve to the left, having a radius of 11,459.16 feet, a central angle of 1010153" and a long chord bearing S. 89031' E., a distance of 236.28 feet to a point; thence N. 89°53'34" E. along said section line a distance of 601.46 feet to the REAL POINT OF BEGINNING, comprising an area of 1.10 acres, more or less. Section 2. That the City Clerk shall cause one (1) copy of thel legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 MerMian, Idaho 83842 lephone 8891181 Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this:ZOi'k day ofD-Ce"" e�. 19 82 . TTEST: �(E OF IDAHO, ) ) ss. County of ADa, ) I, JACK NIEMANN, City Clerk of the City of Meridien, Ada County Idaho, do hereby certify that the above and foregoing is a true, ful: and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY; IDAHO, TO THE CITY OF MERIDIAN WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF bTT'RIDIAN, ADA COUNTY, IDAHO", passed as Ordinance No. 316A by the ;City Council and Mayor of the City of Meridian, on the.7, , day of Tech beR . 1982=, as the same appears in my office. DATED this;ZV4*k day of&Cenh,bc0, , 1987. STATE OF IDAHO, ) ) ss. County of Ada, ) On thisaplk .day of DtteMIl.e­ , 1982T , before me, the under- signed, a Notary Public in and for said State, personally appeared JACK NIEMANN, known to me to be the person whose name is subscribe to the foregoing instrument, and acknowledged to me that he execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m_y official seal the day and year in this certificate first written. ( SEAL) Notary Public fofIdaho Residing at Meridian, Idaho h� Y✓ ORDINANCE NO. 419 AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING -LOCATED IN SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS AD- JACENT AND CONTIGUOUS TO THE'CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex"to the said City real property which is hereinbelow._ described; and WHEREAS, the said property described below was inadvertently excluded from the right-of-way description for Cherry Lane in Meridian Ordinance No. 316; and WHEREAS, the City of Meridian previously enacted an Ordinance numbered 316A which dealt with the exact same property, but there was objection to the number being placed on the said ordinance by the State Tax Commission, making it now necessary to• redo the ordinance under a different number: SECOND STUCKER ANNEXATION: A tract of land located in Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly describeel---- as follows: Commencing at the one-quarter corner common to Sections 2 and 11, T. 3N., R. 1W., B.M., Ada County, Idaho, said corner being THE REAL POINT OF BEGINNING of this description, from which the Northwest corner of said Section 11 bears N. 89-1- 0314011 W., 2653.48 feet; thence S. 1°10'W., along the mid-section line of said Section -ll, 25.00 feet to a steel pin on the Southerly right-of-way line of Cherry Lane Road; thence alona said right-of-way line S. 89°53134" W. a dis- tance of 601.34 feet to a point; thence along said right-of-way line on a curve to the - right, having a radius of 11,484.16 feet, a central angle of 1°10'53" and a long chord bearing N. 89031' W., a distance of 236.79 feet to a point; AMBROSE, thence along said right-of-way line N. 88055133" W. a FITZCROOKSTON O ERMD Q CRdistance of 1089.07 -feet-to a steel pin; STO' Atla en ab Counaekm P.O. Box 121 WAdWf,ld�lw _ - 43012 - WePhon*8881101 r: " r thence North 25.0 feet to a point on the section line common to Section 2 and 11, T. 3N. , R. 1W. , B.M. , Ada County, Idaho; thence S. 89055133" E. along said section line a distance of 1089.54 feet to a point; thence along said section line on a curve to the left, having a radius of 11,459.16 feet, a central angle of 1°10153" and a long chord bearing S. 89031' E. a distance of 236.28 feet to a point; thence N. 89053'34" E. along said section line a distance _ of 601.46 feet to the REAL POINT OF BEGINNING, comprising . an area of 1.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the =above-mentioned and described real property is hereby annexed to the City of Meridian. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State•Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required - by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this `%� day of Fc MK -a r- , 1983. ATTEST: AMBROSE, FITZGERALD RCROOKSTON Attorneys and Counselors PM. Box 427 Wrldisr�,Ideho 4 relephon*804461 ty APPROVED: YOR 10 ;A I LW _ _ - - ------ - — TEN M i i1 jl i D IIS 2 o Jt— CIO 1C * . N W N V v m lD J 01 ' U d N _ Ol s O O W N U) O - n N��� REBECCAY WA .o....-FEr lose*WA CMD w Jico (n D( W N / t0 A Of 0) W A_ p W O% 1T1V r_ N inCID � ro� U C / _ � m N m _ w E A N W N O Ch - N SW V NNYBROOK - - W m N W A VN o Jt— CIO 1C * . N J v f .t. ian City Hall .7. February 19, 1981 Williams: Are there any other comments regarding the hearing of Meridian Business and Industrial Park Final Plat?" Albert Baer: "We live across the street and I would like to know where they are planning their streets, we live just east of the cemetery and wondered where they are coming out with their road onto Franklin." Dennis Burton (CH2M): "About 290 feet from the edge of the block factory" Burton pointed out entrances to the business park on map. Baer: "We do not wish to have some high rise building right in front of our house" Williams:"They cannot put any high rise buildings in the business park" "There will be acceleration and deceleration lanes?" . Burton: "Not as such, what it is is a widened curve - it is not an additional lane. The.streets will be built the 50 foot right-of-way standard with � 5 foot easement on both sides inside the park." The widening of Franklin was discussed and thought to be a 80 foot right-of-way. Brewer: "As I recall,you have gone through Ada�County with the acceleration and deceleration and they didn't thift it was needed at all?" Burton: (Nods agreement) "That's where this sweeping curve comesin" Brewer: "These people have been before us numerous times and I think very good to work with and the additional seven acres is just going to be an improvement to an already very good project." Williams: "Any other public comments?" Phil Ashbaugh: "I would like to know how many entrances off from Franklin Road there will be" Burton: "There are two (2) main ones with three (3) additional proposed. The requirement we have is that all accesses be reviewed by Ada County Highway - they have been reviewed in concept form and final curb cut form. There will be at least as many shown on this plan, spaced at approximately 200 feet. The small one shown will be private, not a public right-of-way.." Williams: "With this plat we have.design review and landscape plans to be submitted." Williams: "Are there any other comments regarding the Meridian Business Industrial Park?" There were none. "Hearing is hereby closed." The Motion was made by Orton and seconded by Brewer that the Preliminary and Final Plat of Meridian Business and Industrial Park subject to Ada County Highway District approval, design review, review of variances of lot lines , and comply with all City Codes and New Ordinances. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea Agenda 5 Bethaven Final Plat Hearing Orton: "I have a conflict of interest and abstain from decision as my firm does represent Bethaven Subdivision." - ,Williams: "Please dote that Mr. Orton has abstained from any decision and I now call the public hearing for Bethaven Final Plat open for public comment" Lee Stucker, Developer and Neal Eagar, Tudor Engineer, were present to request Final Plat approval of Bethaven Subdivision located West Cherry Lane, across from Sunnybrook Farm Subdivision. Stucker: "We have presented most of our material to you and talked to you before, and have presented requested material to all of the different agencies. We have not heard again from Nampa -Meridian Irrigation District but Eagar has had all necessary response from Ada County Highway District." Williams: "You have changed the restrictive covenants in order to comply with the minimum square footage City Ordinance. There is one problem though and that is in regard to duplexes. With regard to duplex units 'each side shall have not less than 860 square feet' The minimum that the ordinance requires goes back up to No. 1 'no more than 10% may be between one thousand and one thousand and ninety-nine square feet' - this applies to all residentional units whether they are single family or multi -family dwellings." "Settler's Village sq. footage was before this transition; or before this minimum sq. footage Ordinance was adopted." 11 eridian City Hall .8. February 19, 1981 Kingsford: "Isn't it also the case that you have to designate which lot and block these particular percentages fall into?" Stucker: "I would have to give that to you, there would be a slight adjustment." Kingston: "It would have to be desingated upon the plat approval." Attorney Crookston confirmed the percentage square footage would have to be designated before approval. There was discussion concerning the duplex lots and the dispersing the required percentage through the Subdivision. Eagar: In this particular case the reason for the duplex development where it is, is to serve as a buffer from the high traffic area, or what might be a high traffic area on Cherry Lane." Crookston: "There would have to be a variance from the Ordinance"(re: dispersing minimum percentage sq. footage throughout) Brewer: "Wouldn't that be a dangerous precedence?" Williams: "We are talking about toe lower end of"the spectrum of all four units - the 10% being up front and then th°e remainder being dispersed to the Subdivision too." Kingsford: "Lee, all of your figures would have to be adjusted to include these duplex units" Stucker: "The duplex lots would take in all of my 10%, or all of my smaller units." Kingsford: "You want to be sure where you want to designate the percentages as any change would require a plat amendment." Williams: "Is there anyone in the public that wishes to comment on Bethaven Subdivision?" Jackie Burgess: I live in Sunnybrook Farms Subdivision and I have received a certified letter for this hearing. The term duplexes kind of made me boil, I am not objecting to the land being developed, but I am concerned of the value of my property because of what they are putting in there - and if it could be kept up to the same standards as our subdivision." Williams: "This Ordinance that we have regarding minimum dwelling unit size with percentages we hope will address that situation, realizing there would be some smaller homes within the subdivision but limited the number, and having them dispersed so that we don't -have a 'quote' complete low cost housing subdivision." Burgess: "Then they are planning some smaller houses than what we have in our subdivision?" Kingsford: "It will be size -wise comparable." Williams: "There will be four (4) duplex lots out of a 40 lot subdivision." Burgess: "Will these be on Cherry Lane?" Stucker: "They will not open onto Cherry Lane, one side of them will be adjacent to Cherry Lane." The new City Ordinance regarding policy of square footage percentage was explained to Ms. Burgess and the Public. Burgess thanked the Council for their consideration. Williams: "Any more comment regarding Bethaven?" Barbara Williams: "I also live in Sunnybrook Farms and our home is adjacent to where the subdivision is going in. Where are the access roads going in, hopefully not at my backyard." Williams: "Westerly of Sunnybrook access"' Stucker: "From Rutledge Lateral it will be roughly 130 feet to the center of the street. This would be west of Rutledge Lateral" Williams: "Where Todd Way comesonto Cherry Lane the access to Bethaven would be approximately 30 or 40 feet westerly." The location of the entrance street to Bethaven was pointed out on the map. Norm Williams resident of Sunnybrook brought up the speed zone in this area needing to be reduced. Councilman Williams agreed and suggested that the Police and Street Commissioner Brewer obtain the reduced speed limit.N. Williams stated there was danger as it was now just trying to turn into Sunnybrook Subdivision." Williams: "Are there any more comments regarding Bethaven Final Plat?" There was none "The Public Hearing is hereby closed." 0 Meridian City Hall 9. February 19, 1981 Williams: "There is a petition signed by residents of Sunnybrook Farms approving Bethaven Subdivision as long as it is developed at or above the standards of Sunnybrook Farms Subdivision (meaning no houses to be built below the average home of their Subdivision!' (On File with these minutes) "The Council will take action on Bethaven Final Plat during a Special Meeting to be held February 26, 1981 at the City Hall." The Motion was made by Kingsford and seconded by Brewer that Bethaven Subdivision Final Plat be tabled until February 26, 1981:' Motion.Carried: 'Kingsford, yea; Brewer, yea; Williams, yea Orton, Abstain Certified mailing as required for nearing was: verified. Agenda 1981 City Hall Remodel Project 6 Williams: "Regarding the Remodel.Project of Cite Hall, we did have two low bidders who were within $275.00 of each dther. one (1) Barton Construction $24,137.30 and two (2) Roberts Construction with a bid of $24,400.00. The bids seem to be very, very close and there are some other questions as to the responsiveness of the bidders. It has been suggested that we obtain•financial statements from the companies and from the principals of the companies before making any,decision." The Motion was made by Councilman Orton and seconded by Councilman Kingsford that the Council direct the City Clerk to request financial statements from the two (2) lowest bidder companies and all stockholders with more than ten percent (10%) stock, and that the financial statements be'submitted to the City Clerk prior to a special meeting at the Meridian City Hall Thursday, February 26, 1981, 7:30 p.m. Motion Carried: Kingsford, yea; Orton, yea; Brewer, yea; Williams, yea Agenda 7 Engineer Report.- City Engineer of Gary Smith, J -U -B Engineer, recommended payment/a project bill for screw pump bearings Wastewater Treatment Plant in the amount of $636.87, Kaman Bearing & Supply Corp. The Motion was made by Kingsford and seconded by Brewer that the bill from Kaman Bearing and Supply Corp., Wastewater Treatment Plant Project reimburseable, be paid in the amount of $636.87 and that this amount be transfered to the Construction Account Motion Carried: Brewer, yea; Orton, yea; Kingsford, yea; Williams, yea Smith recommended approval of Galey Construction, Change Order #4, stating that this was basically a clean-up paperwork item that officially adjusts the final pay quantities on that contract. They were to adjust this in pay estimate #10 and Galey was paid accordingly. All this does is make it official that the items have been adjusted to the actual quantities. Change Order #4 reflects the same contract amount that Pay Estimate #10 reflected - this was for a net decrease of $33,482.65. The Motion was made by Brewer and seconded by Orton that the Council approve Change Order #4, Galey Construction, Boise River Outfall. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, yea Smith: "Mr. Galey will still have to sign but there should not be any problem as he has signed Pay Estimate #10 and it was a Final Pay Estimate, and he has been paid." Agenda Other Business 8. Brewer:_ "I would like to address our Acting Chief of Police with a problem that has been brought to our attention just this evening. Apparently with the linkup between N.W. 8th Street and Meadow View Subdivision, we have a race track going on N.W. 8th St.. There has been various comments -from, different people so our boys should start riding it and hopefully the news media will pick it up." Agenda pre -termination Hearing Delinquent Water/Sewer/Trash 9 Williams opened the Pre -termination Hearing for delinquent water, sewer and trash users by reading the Turn Off Notice: "This is to inform you in writing of your