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HomeMy WebLinkAboutMeridian Manor # 3,1� A Meridian Citv Hall I* 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 +"nis proposed location. The helicopters %,Xuld be flying in from any and all directions.and would have I-84 and the water tower for easy direction to the heli-oads. Councilman Orton questioned the flig!�-' traffic 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 outfitted 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:Kingsford; nay Brewer, yea; 0•ton, yea; Tolsma, yea There was discussion concerning the loophole in the ..ity'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 1st 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 wc,rk 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 Tolsma 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 Tntersector - it also crosses Rutledge Lateral, Smith recommended that Attorney Crookston examine the agreement - it is a standard type of an agreement that we have 'aad on all of our other crossings. Attorney Crookston recommended that no action be taken until a7l, documents have been reviewed and submitted. City Engineer Gary Smith stated that the developer of Meridian Manor #•3, Bedelco, has requested some type of documentation on the water/sewer system that was put in out there, for approval. Smith stated that he had n^; found a:ny record. The streets are in and usually the systems are tested and approved prior to paving. Smith: "Last meeting I recommended' that there not be any building permits issued until letter of acceptance of water and sewer systems. Since documents cannot be found Meridian Cit_v Hall .4. January 18, 1982 Agenda 5 (Cont'd) DEPARTMENT REPORTS........ I would recommend for your consideration that the Contractor furnish to the City �a statement that when the ground water raises, so we can see i -F there is any infil- tration in the lines, and 4�f there is at that point they would come back in and repair the 'eine. In the meantime Earl and I can go out and ?amp the sewer lines. That would be one remedy - short of having them go out the. -e and air test them." There was discussion concerning the length of time the streets have been paved, ground water was found to be above the water meters at one time and if the developer had been requested to raise the meters, flusVng of hydrants, performing a static test to see how long the pressure holds. It was the feeling of the Council that the meters should be raised before the system is approved. There being no other business to come before the Council the Motion was made by Kingsford and seconded by Brewer that the meeting be adjourned at 8:45 P.M. Motion Carried: All yea Meeting Adjourned. ATTEST: i City Clerk i '1 pc: Mayor & Council Planning & Zoning City Treasurer City Attorney Stuart;Ward;Nichols Schoen;Mo;Fire Chief AIC;ACHD;Central Health Ada Zoning Director Ada County Commissioners Statesman;Valley News Press Tribune;T1^easure Dempsey File;War -Eagle File Nampa Valley Helicopter Custom Wood;Gem Fabricators O.J.'s; Meridian Manor ;' Playor Joseph L. Glaisyer «, 0 5 Pinehurst Subdivision, Preliminary Plat: Comments that were made on Pinehurst Subdivision were discussed. P. Councilman Bodine moved to table Pinehurst Subdivision,seconded by Joseph Glaisyer, Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, yea. , Agenda ji 6 Meridian Manor No. 3, Vacation of Meridian Manor No. 2 (Preliminary Plat) The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine to vacate Meridian Manor No. 2 and accept Meridian Manor No. 3. Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, yea Agenda 7 Fire Department report by. Chief Roger Welker: Chief Welker stated that emergency 911 program should be in by the end of the year and that we have an interim agreement with Boise Fire in resolution form. The cost is'$50.00 per month for Boise to dispatch and $78.00 for two line per,month. .This cost will be City and Rural, Boise will be answering the phone and dispatching ' with Arden's as a back up. The Motion was made by Grant Kingsford and seconded by Marvin. Bodine to approve Resolution #237. , Motion passed: Bodine, yea; Kingsford, yea; Glaisyer, yea Agenda's 8 Public Work's Superintendent, Bruce Stuart, had nothing to report. • Agenda 9 Building Inspector, Vernon Schoen, had nothing to report. Agenda 10 Chief Welker stated that he had a application for a Bews Industrial Development that would leave enclaves in the City. ,Mayor Storey stated that he would discuss it with Wayne Crookston. Agenda 11 Councilman Joesph Glaisyer presented a policy statement. +" The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine that when Preliminary Plats are submitted that they should include restrictive covenants ' at the same time. 9' , Agenda 12" Pat Joy informed the Council that the application for an Tndustrial Site r. Select16n.wa.s successful. Agenda 13 Condominium Ordinance: Councilman Glaisyer stated that he would like to see more in the Ordinance. The matter was tabled. City Clerk, Herald Cox, informed the Council on what the Boise Policy was. The m:Ltter _ -:T,,,,,.,.•-rte.. ! tl, n- J a Merid an City Hill _ April 39 197 Unnt KA '( Jtt'r�Ylr!ta ) ir2?,;.:oud 1;aKe the Y7Uiiion and I.).'C"+1'l.n Bodine 4:econdeed that the City adopt LA o ad ian the 1St. - ,._::d of )•it{,ad.-Cl"! L1eY-it.Lrtfllk?na; tilli!>, lria.'iy& e9uZlJ®rt of `Gh*3 o 0...-1,l,r!11-; �t n 1,,: a r.,�nk -J.l_ h dry 1i:�us with thy, Ruo_vd o ffeallths app3aval,, .t• 1000a ;W-cd: 41110mu, , Benj Udine, ne, yon! 11ingnto` d, yea; GInisyev, yeao y ndi �! letter ?. om WI dl u Honor #3 was + �oad by T'!<Y` o-v ::a :oroy, C',A.! ding Final Plat. Y r t� tt, c.,, file h chl .N= irlanu-1 eQ +a Richard Williams s stated ih:_l he lundrnogtoDd that tho Limited Office and Retail LA act Leon approvud by !-'I Aning L_ad. lJt-all2ng; 1/? J'%it'eet proposal at Sauer 2 : C:_+.f;L. _ 'I; Irl 1.` 'AJ o f..., d.(. .:Uod ths City V vat:&r this Plant'?, 1?ike Free on,, X%1A Eapi ,f erc representing lrlt=r dinn Manor P3, stated that the . �^° - 1'1017n nr" and Zoning worn h !'l ltl..i_; al to aplaS'ove that nr en o ffadoption cc11YCL'i°.I be_oa°�' �.?.de2pk.L��`i S7d i.Ih0.1: Quit Cr-- ul,anni ve Plan, howcvwr An ciT ea 1]1ldor 4onnidernt9_ou is Meridian ',d'x,; DP ,c v& by tho Fl.c: _?l&E °iRd Zoning Committee, all they did 1rt_ TORO silt, .Jt:ao �. Smith and }.ells 6r7jutad o put some larger homes `n with1�"')1;C1.1� 7ZC J of ori _ M e r. d ..�, s t on r. l��'Ld,ed that ,.14, 01 t A.u(`-y wore a k ng for this meeting-is �,r`�� p r-r ,e al. ofd'.IIF'`iltitl 1 �.1'e;' Y:'i_nt that L;}tt)''vlies Meridian Manor 02g wrS a I"eE3olTa in dead' ' :'t cube as I'Ir I di. a 1i ,..fa } #3 SubdiviQuA. This has tlrI ,ou h Planning aqd Zoning .is '(.'fa(, only portion that they have approv o do T oy aretaking approval _ for that which is pl.att.o d as Meridian Manor 02 and i the City ./ at) 7Y'r ves they Gill submit Meridian i,c' ian HnnoA" Til) and with its approval they 1 `:'J_1.l vacate I CJ , this is L,c{fa't.ive approval. - A, ..r:,d on through ough streets, There �'�s �1.�.:.I.i?..�s:eo+� e;:�l thethe°�r c:��l around the Sc�tiebn Plant,Plant,vr, rgoA a r,.erl ned Qat r1_r,re one a couple of vavinnwos that they would request f: r loiter Tran Larry _.J. -. • These are 8Uf7e c?ra:C:f';>. iva block length& Blocks � , a.tcd 10 02 i l ;"P-• Vl ock ; 2 apd ,1i-) VarY in 1009th from 1.9050 to 19700 facto Walker, ,d't'.... -.d 'or?!�a.I; he has not soon the c1I:lo.liP dPlan. Nr lI es,1i Yla5n_Cthat the >tl„u�ta iia identical,.that iirn -hydrants mill remain_ -. =,!c and Apia, s made the motion and Gant Kingsford seconded that .the City accept a' PrellimArory Plat of hic idi on 1`It<nor Jj subject to approval of P.'1hlic Work's. s.w--Xa City 169inceno and Five UJ)Fi'✓_°r°It'!.;At, and Eva"t. Ytt7Y'icance in Block No ('2) ,a and Four (h) an reguaynd, 1:fr> r"iOn Xsr;e& ),1i1_'I zamn, ;yea; Bodine, yea; Ki r).isfob d, yea;C1aisyer y a.o , A.t'.' 'n d"a Opening of the phaze II_T. ewer Lima bid i City Engineqn, Carl Ulnuorth of ;3. i'.:i°i made C h following p °.i.l,Io.. _al.t:�e A-l�.s ZJufar ol!:'.nin✓n, l_r.l.(1.s.c', -Curvnntior= Ago h Ji JrtaALrl Lelrt that stata4; sod repair and replace 5co linear feet of a unit 7o. .J)Q linear ^, I.i 1 )Tl j. o"nitofl they will L.yue the 500 Tinuon feet as the Untension. Pa rj t;ypagrapll?.r.al- orr°or:°; .deductable alternate X, b deduct- 285 I,Sr: `+i Net of 18” d i,.11l o ar typo ..-a ccwarn pipe. Sgoul d be Type -F sewer pipe Acl u de>(d in bid typo110 PeFe 0, typour aphis al ('.a'r=3 dodll.o.tabl.e alternate .1" gh deduct Fl �f C,401 1.irf.r:s^ fact, +�a 1j, typeJ' :��,+.roc _la�y,��„ Should 901i11cr���° xe�:�� s0v the The total A& uare rendj� i %,'oast'"}wtiuYl. ;-I ), ,. r'i'r. �, - ":,IJ i': ., ,.. ., , ., ., ., ,, ,, ., ., n n ° °!i I � �la�) r•f t.i �.00 - - 17.1 rncl-iniB— ll'ii I i iv ct.uni C"N ion.,..... ...,. �n7n (:,;8,A) F'--I r„t, .i ! _.,_,..•ttc;"i.t+ct.. ��,>.�.�.,„.�.�. °,41;"a�.V.d�ia�-'��1.'j:�C�ii f�1 �a/ 'a pp����11 low '.11.i�d Yl wn ! nI ny COSH l.'�;'"atl_on with the bid oil' }) 19C_U99117.0Vo U,269,117.00. ............... .rtet.-_-a 1 k" tits Meridian;Cit Hall .2, February 20, 197Q Agenda Northwest Pillow (Cont'd) Storey Stated that you cannot condemn every building in town or you will run businesses Out. r rt,; Glasiyer inquired what would happen if there was a fire out there and they had been granted " a variance from the Code, res Crookston stated that the situation was worse than the Race Track They did not change M) the use, here you have a remodeling - a permit should have been obtained and the money that has been expended for remodeling could have been avoided. Storey felt the Council had bent on the Race Track, He clarified that he was not Y' here when a decision was made and he inquired if there was to be a strict interpretation ! or not, ` Crookston state the situation is different, The Race Track didn't involve remodeling, it had some Grandfather Rights in that type of situation. Here you have remodeling and �4pa you have the ability to bring it up to Code, The situation is worse than the Race Track,. '-ark Attorney Bill Donovan was present representing Mr, Nichols, lessee from Hansen. He suggested they go hack and try to put something in writing on suggested solutions for the Council to vote on, Hansen stated Chandler Corp, did not sprinkle and this is a precedent, The Motion was made by Joseph Glaisyer-and seconded by Richard Williams to table the request until a letter is received from the owner and lessee on possible solutions, Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea, Agenda Meridian Manor #2 Vacation Larry Sale, L.Q. sews and Pert Smith were present representing the request, Sale stated that they had worked Apt an agreement with home owners in the development, Smith and Sews will reduce the number of lots available for duplex dwellings, The lots available for duplex dwellings are lots 10 - 13- la- 24 - 25 - 26- 27- 28 29 and 30 of Block four (4). The Homeowners requested the covenants"be changed to include stronger language on timing of completion of improvements to property, specifically finish work on painting and trim, along with landscaping and lawn improvements. They found that their covenants meet will all FHA requirements, They put some language, together for the Homeowners consideration, They stressed the parking of recreational vehicles and general appearance and neatness of the property and landscaping completion ' timetable, The third compromise that was reached was that the developers would start processing Phase IV at the time they have completed 50% of the houses in this protect to aid access to the yeast, Lrik Gabrielson outlined the agreement to include access to the east was primarily to get traffic access and fire and insurance standards, They agree the covenant criteria has been met. Williams stated a thing to remember is that the covenants are enforced by people living in the development. ny Lots allowable for duplex development were clarified 10 - 13 through 15 and 24 through 36, Sharon North discussed duplex lots, Sale presented a Plat showing the dpplex lots. Kingsford stated that the cpldesac off Crestmont Circle is not named. Sale stated it didn't require a name because there are fewer than six dwellings. Kingsford stated that he hadidiscpssed access problems with Mr. Dews previously, Dews has stated whenever the adjacent property owners are willing to put in their half of the street, he would be willing to put in his half. Since then he spoke with the other owners and they indicated they were ready but they stated Mr. sews was not. Sews stated until the old plant is shoved, they cannot sell lots there. Williams stated that the old Plant may not be moved, 7 Meridian City Hall .3. February 20, 1979 Agenda Meridian Manor #2 Vacation (CoW d) Kingsford stated that there is a need for a name change to Delmar Drive that lines up with J' Willowbrook Drive. For continuity, one should be changed. i Sale wanted to study the issue and stated that they will work with City Staff, Kingsford stated that he would like to see another access preferably on 8th Street. b` wfi Glaisyer inquired what the developers would do with 8th Street lots if the sewer plant is not dismantled. Kingsford stated that the dirt piles are a nuisance because of Motorcycle riders. 4 F Sews explained that they will use the dirt when construction begins. t "+ Williams Stated that they need access even if it is a all weather surface to 8th Street, to make a connection from Delmar to Willowbrook. Sale discussed dirt piles. He inquired if the Council will accept a gravel surface for the connection to 8th Street. T Kingsford stated that he would like to see the developers get together and see if a finished street could be worked out. The Motion was made by Glaisyer and seconded by Williams to vacate Meridian Manor #2 and accept Meridian Manor #3 with contingencies that they connect to 8th Street and duplex lots specified as lots 10,13,14,15,24 through 30 of Block 4. Motion carried: Williams, yea; Glaisyer, yea; Kingsford, yea. Agenda 5 Boise Cascade requesting a.variance from set -back requirement for a warehouse. C.A, Thompson and Dennis Jackson were present representing the request. Thompson presented photographs. Jackson stated that they were requesting the Council to wave the 20.foot set -back on 3rd Street. The building will be identical to the one on. 3rd and Broadway. Schoen stated that they need a variance on record. Kingsford moved to grant Boise Cascade a Variance from the set -back requirement for a structure on 3rd Street, seconded by Glaisyer. Motion carried; Williams, yea; Glaisyer, yea; Kingsford, yea. Agenda G Sunny Brook Farms #2 Final Plat. Max soesiger was present representing the request. He outlined the development. He stated that Phase I is sold out; they want the builders to stay for Phase II. They are going with a construction phase of approximately 59 lots - there are 52 in Phase I. He outlined the park. They have amended the covenants in Phase I to institute a Homeowners Association for maintenance of the park. Ward, Waste Treatment Superintendent, cleared the plans; Stuart, Public Work's, stated that they have his changes. Smith stated that there were three areas where variances are needed. One is concerned with traffic, Todd Way appears to be a collector street. in the past the City has accepted ACRO standards. They meet AND requirements but need a variance from City Ordinances. The point was discussed. It was pointed out that in Phase I the width was 36 feet. Boesiger suggested that the -problem could be resolved if they incorporated the larger street as they approach Ustick, after Chateau Drive. Wright explained the layout. They designed Todd as a internal residential type street. A collector is planned east of Sunnybrook. There is a simular situation in Glennfield Manor. 45 rMeridian Planning & Zoning November 13 1976' Meeting called to order by Chairman, Dan Sharp at 8:00 P.M. aid k Members Present: Annette Hinrichs; Lee Mitchell; Burl Pipkin; Rick Orton', Kenneth Tewksbury Others Present: Ken Marema; Jerry Iverson; Gene Wright; Ray Wilder; Joe Simmich; Steve Smylic; Carol Houst; Bill Houst; Elmer Merle; C.L. Morgan; Norman fuller; Aldin Porter; Loran Peterson; Steven Mortensen; 4 Bruce Nelson; Tracy Wright; Clyde Webber; Steven Hosac; Bud Pearson; Michael Milhollin; Pat Joy 'AI %Jf Minutes of the previous meeting were approved as corrected. } item x 1 Hendren Annexation Number 2 There was no one present representing the request. The motion was made by Annette Hinrichs and seconded by Lee 'Mitchell that the request be tabled. Motion Passed: All yea Item 2 Linder Park Subldivison Ken Marema was present representing the request. Rick Orton questioned if they were aware of the City's requirements for water and sewer. Marema stated that this was in thei.r,.Rlans. Annette Hinrichs stated her concerruon only one access into the development. Sharp questioned Marema-on the type of housing planned for the area. Vi Marema stated that the housing would be between the 50,000 to 60,000 dollar price range,,,. Orton questioned if they had any plans for along the railroad tracks. Marema stated that there was a plan for fencing along the track and some additional barrier in front of ,the fence such as hedging. , Lee Mitchell question Marema on what the average size of the lots were. Marema stated that the average size of the lots was 8,500 sq. feet. Hinrichs stated that she felt the development was in with the Comprehensive Plan. The motion was made by Rick Orton and seconded by -Annette Hinrichs that Linder Park Subdivision annexation be accepted as requested with the understanding that the lot lay out has not been approved. Motion Passed: Hinrichs: yea; Orton: yea; Tewksbury: yea; Pipkin: yea; Mitchell: nay' Item -3 Vacate Meridian Manor #2 There was no one present representing the request, but Gene Wright of JUB Engineers stated that he would try to answer any questions the Commision might -have. The motion was made by Lee Mitchell and seconded by Burl Pipkin that the request to -- va ate MeridiM.n Manor #2 be al-1'6ared. Motion Passed: All yea. s i Meridian Planning and Zoning _ •2• June l2 Agendar 1978 2- Pi"huret Subdivision Proposal was next on the agenda. Dave Ro 1 , y mace, Civil Eche ,at representing Pinehurst Subdivision, located �/4 of a t411e Feet of the Intersection of Linder and about Before discussion was to begin, Don S Pine. as his home was aproaimately six (6) lots from this piece Sharp asked if there would be eonfliot of interest The feeling of the Commission was that there would be ec conflict Mr.-RoylanCie explained that this proposal is sin Eliot of interest. single family residence, Don Sharp questioned the need of a street next to the Na is a,large amount of property that can be divided Mr. Roylaanrcepropert see any need of It, at this time. y Since this' stated that they did not There was discussion on the naming of streets alignments vepiCles. iand access for emergency Don Sharp inquired about the type of homes that would Don Minegar stated that the homes will be aprox3matel be built in this Subdivision. to the homes on 11th Street, y�+7w000 to X57,000 Comment reports were read from Central D , equivalent Meridian Post Office Ada Count istrict Health,Nampa-Meridian Irrigation Dist. ' Y Highway Districts Meridian Fire Department. r The Motion was made by Burl pipkin and secgnded by Don Sharp Pinehurst 8ubdivis3on Proposal subject to to approve Motion pasaeds All yea h to and Checklist of comments da Meridian manor, located North of Cher I fi ry Lane and Mast of West 8th st eet� Extending , to Meridian Street at a place W. of James Court Annex. located-'o !**i n Meridian Street. {y rerreaen,ttng MeridlRn Manor In tris eecon�d in aeries of three 3 �+xrilRl,. ed to ithe acomias c A ot.vacaseco Meridian Manor three steps that mudt be taken to that this 4 _ d ecce Per!'eot the process r been a accepting PProved, Prelimin B Meridian Manor #3. The first.,tab - - o! Neridiaa Manor '3. _ Thelnum�ier of 1`otiin a eW =weeks they - - ssi they j` - "E'hewf11e red.0 ed pre - u P1�►t �# Motion was made by Don Sharp ' the City Council that they vace MQ secand onded b Y Annette Hinrichs to recommend to Meridien Manor #3„ an Manor #2,Subdivision and approve Notion passed: All yea Columbia Village, located North of East 5th at Washington' There was no representative attending, this proposal remains tabled. Meridian Place Subdivision, located North of Settler's Village on East Fairview limited to representing Meridian Place Subdivision stated that he was on , P 'trier®., They are asking for a Preliminary a of the coves In.' There are 125 acres but are' application until the sewer this time Called Phase I �Zt asking approval of the lower 20 acres at One of the lots has been deeded to theand one a the Wells has bstablished.on the South art o ere was discussion on the size and quality of the lots. City Willard Bowley read the Comments of Mer p f this Subdivision. Richard Williams C Health an Fire Department, Meridian Poet (iffio®� , Central District Hea1t1� and Ada .Count Ni Riad Jewell stated that they would build 'a ascend y Highway District, The Motion eras made by Don Sharp� Woad if it is needed. Plane Subdivision subject to the pprvalnofdthe ire y urs Pipkin to approve Phase I Meridian Public Works and the QRq„ and Police Departments, Motionpsssedi All yea. Pub),ia Heariiag is Adjourned,; , Agenda Pinehurst Subdivision Proposal was next of Dave Roylance, Civil Engineer representing 1/4 of a mile East of the Intersection of Before discussion was to begin, Don Sharp as his home was aproximately six (6) lots The feeling of the Commission was that the Mr. Roylance explained that this proposal Don Sharp questioned the need of a street is a large amount of property that can be see any need of it at this time. There was discussion on the naming of stre vehicles. i Don Sharp inquired about the type of homes Don Minegar stated that the homes will be to the homes on lith Street. Comment reports were read from Central Dir Meridian Pont Office, Ada County Highway ] The Motion was made by Hurl•Pipktn and sec Pinehurst Subdivision Proposal subject to Motion passed: All yea ;gda Meridian Manor, located North of Cherry Lc to Meridian Street at a place W. of James Lam Sale, representing Meridian_ Me -nor AA, ie the second in series of three steps thi of vacating Meridian Manor #2 and acceptii been approved, Preliminary Plat and in a of Meridian Manor #3. The number of los The Motion was made by Don Sharp and secoi the City Council that they vacate Meridian Meridian Manor #3. Motion passed: All yea Age4�d7 Columbia Village, Located North of East 5' There was no representative attending, the %genda Meridian Place Subdivision, located North 5 Verl d. King, representing Meridian Place limited partners. They are asking for a l comes.in. There are 125 acres but are aril this time called Phase I (sirleFhxr j. 0: d one -ol the Wells has been established Vere was discussion on the size and qual: Willard Rowley read -the Comments of Merid: Richard Williams, Central District Health Richard Jewell stated that they would bui: The Motion was made by Don Sharp and secoi Place Subdivision subject to the approval Public Works and the QRU. Motion passed: All yea. `f Public Hearing is Adjourned. 2. the agenda. June 129 1978 Pinehurst Subdivision, located about inder and Pine.. sked if there would be conflict of interest 'rom this piece of property. ,e would be no conflict of interest. v single family residence. next to the Navarro property. Since this livided Mr. Roylance stated that they did not , alignments and access for emergency that would be built in this Subdivision. $479000 to $57,0009 equivalent t Health, Nampa -Meridian Irrigation Dist., ict, Meridian Fire Department. d by Don Sharp to approve Engineering and Checklist of comments and Mast of West,8 h St eat, Extending urt Annex, located on Meridian Street. explained to the _mmiesiot+ that tr48 must be taken to perfect the process Meridian Manor #3. The first step has weeks they will present the Final Plat will be reduced. led by Annette Hinrichs to recommend to Manor #2 Subdivision and approve at Washington proposal remains tabled. Settler's Village on East Fairview bdivision stated that he was one of the liminary application until the sewer g approval of the lower 20 acres at of the lots has been deeded to the City the South part of this Subdivision. of the lots. Fire Department, Meridian Post Office, d Ada County Highway District. - --- a secondary road if it is needed. ,by Burl Pipkin to approve Phase I Meridian the Fire and Police Departments, September 15, 1982 J[JB Engineers Inc. 250 So. Beechwood Avenue Boise, Idaho 83706 Attn: Mr. Gary Smith Meridian City Engineer Subject: Meridian Manor Number 3 Sewer System Approval & Maintenance Dear Mr. Smith; Inspection has been completed on the sewer system in Meridian Manor Number 3 Subdivision. The two manholes located in Crestmont Drive, numbers A.3 -1A and A.1.3-4, have been repaired by the Developer as requested, and I feel the City can now accept the system for maintenance by the City of Meridian. Sincerely, Le WasteWater Trea Imo, f- int Plant City of Meridian, ID. HUB OF TREASURE VALLL}' A Good Place Live OFFICIALS �a (� 77" �t-ov C" ` � f1 TAN CILMEN LAWANA L. NI�MANN, City Clerk i9 ��1 �� 1� JSP ��ii GRANT P. KINGSFORD A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER RICHARD F. ORTON, JR. BRUCE D. STUART, Neater Works Supt. MERIDIAN, IDAI�O RONALD R. TOLSMA JOHN 0. FITZGERALD, Attorney WELKER, Fire Chief 83642 ANNETTEC. HINRICHS EARLROG EARL WARD,'A'aste bValerSupt. Phone 888-4433 Chairman Zoning & Planning JOSEPH L. GLAISYER Mayor September 15, 1982 J[JB Engineers Inc. 250 So. Beechwood Avenue Boise, Idaho 83706 Attn: Mr. Gary Smith Meridian City Engineer Subject: Meridian Manor Number 3 Sewer System Approval & Maintenance Dear Mr. Smith; Inspection has been completed on the sewer system in Meridian Manor Number 3 Subdivision. The two manholes located in Crestmont Drive, numbers A.3 -1A and A.1.3-4, have been repaired by the Developer as requested, and I feel the City can now accept the system for maintenance by the City of Meridian. Sincerely, Earl Ward, Supt. WasteWater Trea Imo, f- int Plant City of Meridian, ID. OFFICIALS LAWANA L. NIEMANN, City Clerk A. M. KIESERT, 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 VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 836a Phone 8884433 Mr. Ed Bews, Secretary Bedelco, Inc. 9530 Halstead Drive Boise, Idaho 83704 Dear Mr. Bews : JOSEPH L. GLAISYER Mayor July 21, 1982 Re: Meridian Manor No. 3 Subdivision Water and Sewer Facilities COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. RONALD R. TOLSMA ANN ETTE C. HINRICHS Chairman Zoning & Planning Mr. Bruce Stuart, Meridian Water Superintendent, has submitted a letter tome stating that all previously outlined repair items have been completed by Mr. Henske of LSR Construction and the system is acceptable for City ownership and future maintenance. A copy of Bruce Is letter is attached hereto for your files. I have spoken with Earl Ward, Meridian Wastewater Superintendent regarding his acceptance inspection of the sanitary sewer. Mr. Ward relates that the system has been inspected by him and is acceptable for City ownership and future maintenance after two manholes in Crestmont Drive are repaired. Earl has met with Mr. Henske and reviewed with him what work needs to be accom- plished. A separate letter will be sent to you when the manhole repairs have been completed and accepted. If you have any questions, please call. Sincerely, CITY OF MERIDIAN Gary D. Smith, P.E. City Engineer GDS: dM Attachment CC: Bruce Stuart Earl Ward Mayor & Council 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 VALLEY ®' A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888.4433 JOSEPH L. GLAISYER Mayor June 30, 1982 J -U -B ENGINEERS, INC. 250 South Beechwood Avenue Boise, ID 83709 Attention: Mr. Gary Smith Meridian City Engineer Re: Meridian Manor #3 Dear Gary: COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning & Planning The water supply system at Meridian Manor #3, Meridian, Idaho has been completed in its entirety. All repair items have been repaired to our approval. As of the above date the Meridian Public Works Department accepts all im- provements for continuous maintenance. It is also understood that the contractor, L.S.R. Construction has agreed to guarantee any repairs to the system for a period of one (1) year. Also, any damage to meter tiles and lids, etc. through building construction is the responsibility of the Developer. Sincerely, �] Bruce D. Stuart, Superintendent MERIDIAPI PUBLIC WORK'S DEPARTMENT CITY OF MERIDIAN, ID BDS:ln PC: City Clerk Meridian Manor #3 File J -U -B ENGINEERS, INC. 250 South Beechwood Avenue Boise, ID 83709 Attention: Mr. Gary Smith Meridian City Engineer Re: Meridian Manor #3 Dear Gary: The water supply system at Meridian Manor #3, Meridian, Idaho has been completed in its entirety. All repair items have been repaired to our approval. As of the above date the Meridian Public Works Department accepts all im- provements for continuous maintenance. It is also understood that the contractor, L.S.R. Construction has agreed to guarantee any repairs to the system for a period of one (1) year. Also, any damage to meter tiles and lids, etc. through building construction is the responsibility of the Developer. Sincerely, Bruce D. Stuart, Superintendent MERIDIAN PUBLIC WORK'S DEPARTMENT CITY OF MERIDIAN, ID BDS:ln pc: City Clerk Meridian Manor #3 File HUB OF TREASURE VALLEY A Good Place to Live CI'T'Y OF MERIDIAN COUNCILMEN LAWANAL.NEMANIN City Clerk GRANT P.KINGSFORD A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BILL BREWER RICHARD F. ORTON, JR. BRUCE D. STUART. Water Works Supt. JOHN O. FITZGERALD, Attorney MERIDIAN, AN, IDAHO AN,83642 RONALD R. TOLSMA ROGER,FireChief EARL WAARDRD,,Waste Water Supt. Phone 888-9933 ANNETTEC. HINRICHS Chairman Zoning& Planning JOSEPH L. GLAISYER Mayor June 30, 1982 J -U -B ENGINEERS, INC. 250 South Beechwood Avenue Boise, ID 83709 Attention: Mr. Gary Smith Meridian City Engineer Re: Meridian Manor #3 Dear Gary: The water supply system at Meridian Manor #3, Meridian, Idaho has been completed in its entirety. All repair items have been repaired to our approval. As of the above date the Meridian Public Works Department accepts all im- provements for continuous maintenance. It is also understood that the contractor, L.S.R. Construction has agreed to guarantee any repairs to the system for a period of one (1) year. Also, any damage to meter tiles and lids, etc. through building construction is the responsibility of the Developer. Sincerely, Bruce D. Stuart, Superintendent MERIDIAN PUBLIC WORK'S DEPARTMENT CITY OF MERIDIAN, ID BDS:ln pc: City Clerk Meridian Manor #3 File MERIDIAN MANOR #3 FINAL INSPECTION, • o MERIDIAN PUBLIC ORBS DEPT. - 11 WEST BOWER MERIDIAN, ID 846-0 888.5242 10-22-1979 Items to be fixed before approval; 3-15-82 (1) LT.7-8-9-10 BK 4 ; Water services do not compare with what is on the plans and what is installed in the field. Lt. 7 Bk 4, has two water services, Lt.10 Bk 4. has no water service. (2) LT.23 BK 2; Needs gravel cleaned out of tile. (3) Lt.22 Bk 2; Flan shows water service to lot 22 by lot 23, we could not locate water service here.Vle did locate two services at lots 22 & 21 BK 2. These are low will have to be raised. (4) Lt21 Bk 2 ; Plans show water service for this lot by lot 20, service is by lot 22, LT 20 Bk 2; Wecould only find one tale and lid at this location.This is low and will have to be raised. (5) Lt 19-18 Bk 2; These are low and will have to be raised. (6) Lt 16-15 Bk 2; dig dirt out of tiles.'and could not find meter lids,Replace lids. (7) Lt 14 Bk 2; dig dirt out of tile, low. (8) Lt 13 Bk'2; Could not locate tile, maybe low. (9) Lt 12-13 Bk 2; Tiles maybe low. (10) Lt 7 Bk 5; Tile to low. (11) Lt 10 Bk 6; Replace yoke. (12) Lt 11 Bk 6; Replace tile, could not find lid replace. (13) Lt 22 Bk 4; Straighten meter tile. (14) Lt 24 Bk 4; Straighten meter tile. (15) Lt 8 Bk 10; Replace tile. (16) WILLOWBROOK DR. & CRANMER DR.; Replace valve riser to gate valve does not meet City Specs. (17) Lt 8 Bk1M'0; Lead packing on 21" outlets of fire hydrant are loose replace. (18) WILLOWBROOK DR.;& LONGFORD DR.; 6" valve riser on Longford Or. is-low,raise. (19) KENX= DR. & TIFFANY DR.; Roci in fire hydrant. . h. 'x(20) WILLOWBROOK DR. & KENMERE DR.; Valve riser needs raised, south valve riser. (21) WILLOWBROOK DR. & KELSY DR.; Could not get valve wench on valve, clean cement out of riser lid. ( this valve is off) (22) Lt 2 Bk 7; Fire hydrant, valve riser -needs raised. (23) WILLOWBROOK DR. & GALWAY DR.; Could not get valve wench on valve. (24) Crestmont dr.; 61" gate valve riser between Lts. 11-10 Bk 4, Replace riser does not meet City Specs. If there are any questions please call 888-5242. Sincerely, Meridian Public Works Dept. Bruce D. Stuart Superintendent cc/Mike Preston, J.U.B. Gary Smith, J.U.B. Wes Henske, L.S.R. Const. City Clerk, City of Meridian r rr T,,8A, ConstructAms lynce and the developer- will accept _ILI the rasponslb=ty fer the vwkimiuMp and materig2s of the cf www 1rne Int. the rlght-cfmv at dim Ygnor.% Subftvl slon 0 •' 3.9 unt!a such a ti-Ime that :Lt is Inspected and accepted bV t I v opis' Cjt7 of _Pbr:ULUm. Hoeg vers, m of the C e el K:Inspectlan Lo So R. CI` S7RUCTEO, Nr NCo date vl—U be as soon ,,to possible and no later thm Aw:u 1,9 1982. 17 �a JILI 1 p, P. 0. B mskfc 49 8V ir PHONES SEWAGE TREATMENT 628-3386 666-3231 375-3940 S G U I P M E NT RIGGINS MERIDIAN BOISE 9 A'L_E S' & 24 SERVICE EXCAVATION 04-ty of ftri-Oan 728merid— Yb 8.1642 rl&t=p ld&o Febru=7 1501982 Attu s 3wl Ward SubJect: Merldim Mawr SUbdivislOn MD- # D 77, L f- T,,8A, ConstructAms lynce and the developer- will accept _ILI the rasponslb=ty fer the vwkimiuMp and materig2s of the cf www 1rne Int. the rlght-cfmv at dim Ygnor.% Subftvl slon 0 •' 3.9 unt!a such a ti-Ime that :Lt is Inspected and accepted bV t I v opis' Cjt7 of _Pbr:ULUm. Hoeg vers, m of the C e el K:Inspectlan mWesentatives &%a3Z be present dvring the Inspoction. Thl a b trb date vl—U be as soon ,,to possible and no later thm Aw:u 1,9 1982. 17 L f- lAb 8 FM" 0 -*e 1 Gonstrue L S R tlon& 3he. cf L f- CENTRAL DISTRICT HEALTH MAIN OFFICE 1455 NO. ORCHARD BOISE, IDAHO 83706 TELEPHONE 375-5211 Mr. John Rastida Aria County Recorder Ada County Courthouse Roise, ID 83702 near Mr, Rastida: DEPARTMENT Serving the counties of. . ti ,y r�. December 4, 1979 Re: Meridian Manor #3 This office has received verification from the city of Meridian that the above mentioned subdivision can now connect to the Meridian Sewane Treatment Plant. At this time, this office can release sanitary restrictions on this subdivision and approve it for central water and central sewer facilities. "Jr. lot size may he reduced without nrior approval of the health authority. Sincerely, Nancy Goodell, E.H.S. Sr. Environmental Quality Specialist cc: James J. Jenkins US Department of HUD Ada County Rui1dinq nepartment Farl 1Aard City of Meridian J -U•8 En-lineers II t T t- t I 'T 11 1 t r Gf 1 1 1.- 1 a1 � • °9 y t es_ 1,� t: s r I -. � y � � s,etR;, a -+,'n g2�5v' •S�r ia! 6a 3' •, tl•ei ex 'Ii is { �'s.. •t ji of Y,,`b, <p �IeAH 19 tLr.r ;z3} �•§ 1. 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Z^ g r4 V 13320' UNPLATTEO - . ........fi 15000' Y MERIDIAN STREET - �il�I.r TSN, RIW,BM u.a. ,•.� Sgr49'3SW 3725 _eia:� _ .. ____Z. --� .$• . .il pa TSN, RIE,BM ti DF.CLARA'1TON Or i'RMIX'I'M RESTRIC:HONS AND C(M:N/W'I'S JAN 2 2 1919 MERIDIAN MANOR NO. 3 SUBDIVISION DATED: DEC. —,1978 KNOW ALL AIEN BY 1TIESE PRESENTS, That the undersigned does hereby certify and declare: That BEDELCO, INC., an Idaho corporation, is the owner in fee simple of the following described real property, located in Ada County, Idaho, All of the lots in MERIDIAN MANOR N0. 3 SUBDMSION, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book , of Plats and Pages and , records of Ada County, Idaho. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of designation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein expressed and -set forth, and that by the acceptance of such conveyance, assignment, or transfer of interest the grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described or conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lots and be restricted to single-family dwellings, except that Lots 9 and 10 of Block 2; and Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 24, 25, 26, 27, 28, 29, and 30 of Block 4 are hereby designated for use as either single-family or two-family dwellings (duplexes). No structure shall be erected upon any residential building site other than residential dwellings and accessory buildings, none of which shall exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall -be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. (c) MINIMI BUILDING SIZE: All residential buildings erected upon said property shall have a floor area required by a majority of the committee established in accordance with the provisions of Section III, hereof, provided however, that in no event shall the required area be less than 1,350 square. feet of ground floor area exclusive of garages, carports, patios,.breezeways, storage rooms, porches, and similar structures and which shall cost not less than $35,000.00 excluding lot cost, based upon the prevailing building average costs as of the date hereof of a one-story house or 1,000 :,quare fee- of first floor area in the case of two story or split level house. (d) BUILDING LOCATION: Unless otherwise specifically approved in writing by a majority of the Architectural Control Committee, hereinafter provided for, no dwelling house, garage nor any part thereof nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected with less than a five (5) foot side yard on either side of the house, and upon corner lots all buildings shall be at least twenty (20) feet from the said street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this covenant, eaves, steps, chimneys, gutters, and open proches shall not be considered as a part of the building, PROVIDED IIO<<ZZ1:R, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Macre it is architecturally possible, it is ream that all garages be incorporated in and made a part of the dwelling hoose. (e) 'BUILDING SITE: A building site shall consist of a minimum of (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance; or (2) a parcel composed of portions of one or more such residence tracts, the depth and frontage,of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimensions and area being in conformance with the requirements of subdivision and zoning ordinances effective at that date. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No building or structure shall be moved onto said real property from'any land outside of said plat except a new prefabricated structure of a type and design approved by the Architectural Control Coiinittee. No trailer houses shall be parked in any street or within building setback lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are. fully completed and painted. All structures shall be completed as to external appearance, including finished painting, within eight months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells,.tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. (i) EXCAVATION, DEFACING OR LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be. permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, are to be carried at sufficient depth underground so as not to interfere with the use of.such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. :* (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights-of-way to any of, the lots in this subdivision. (j) IRRIGATION: The Grantor and Grantee understand and agree that the Grantor shall not be obligated to deliver irrigation water to any lot in MERIDIAN NRNOR NO. 3 SUBDIVISION; and further understand and agree: (1) that water deliveries will not be provided; and (2) that the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; and (3) that the individual purchaser shall be responsible to pay such legal, assessments; and assessments and ,e statement containing the representations will -be provided to the Grantee. (k) REFUSE DISPOSAL - MATERIAL STORINGE: No machinery, appliance, or structure or unsightly material may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. (1) FENCES - HEDGES: No fence, hedge or boundary wall situated anywhe upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event shall it be greater than six (6 feet in height above the finished graded surface of the ground upon which su fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between four (4) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty (20) feet from the intersection of the street property lines extended. The same sight -line limitations shall apply on any lot within ten (10) feet from the.intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances.or such intersections unless the foliage line is maintained*at sufficient height to prevent obstruction.of su sight -lines. (m) NOXIOUS USE OF PROPERTY property nor of a building site no the conduct of any trade, business undesirable acts, or undesirable u prohibited and shall not be permit undersigned owner that any activit conclusive upon all parties. SPITE FENCES: No portion -of the real any structure thereon shall be used for r professional activities. Noxious or of any portion of the real property is d or maintained. The determination of t or use is undesirable or noxious shall b The construction or maintenance of a spite fence prohibited upon any building site. The determination that any wall, fence, hedge, or tree falls within the conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any public view on any residential building site e five (5) square feet advertising the property by a builder to advertise the property, during period. :e tree shall be undersigned owner category shall be shall be displayed to the one sign of not more than ale or rent or signs used construction and: sales (o) ANIMALS: No livestock, excepting dogs.and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such small animals exceed in number those usually owned by 1 or tract owners. That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, hereinafter designated, as to quality or worloianship and materials, harmony external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street tlian the minimum building setback line tailess similarly approved, as provided in Paragraph IV hereof. As to all improvements, construction, and alterations upon building sites, the Architectural Control Connmittee shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which is not suitable or desirable in the opinion of a majority of said Committee, for any reason, aesthetic or otherwise, and in so passing upon such design the Cbmmittee shall have the right to take under consideration the suitability of the proposed building or other structures, and the material of which it is to be built and to the exterior color scheme, to the site upon which is it proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall affect the desirability on suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans 'and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the. granting of such approval, by the Architectural Control Committee. IV The Architectural Control Committee is composed of W. Burton Smith, 9530 Halstead Drive, Edward L. Bews, 5206 Sorrento Circle; and Arthur C. Davis, 7203 San Fernando Drive, all of Boise, Idaho. A majority of the Committee may designate a representative to act for it. In the event of the death or resig- nation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this convenant. At any time, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the power through a duly recorded written instrument to change the membership of or to withdraw from the committee or restore to it any of its powers and duties. No member of this committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. VA That -the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or.its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required of such committee and the related covenants shall be deemed to have been fully complied with. VI ka) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a six (6) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each of said lots, for the purpose of constructing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Gr,=tees and owners of said lots and parcels hence forth; this reservation being intended to provide an easement twenty (20) feet wide centering on the rear lot line of each lot. Me easement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which.a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the install and maintenance of utilities or which may change the direction of flow of water through drainage channel in the casements. AM (b) Ancasementis hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interferring with the location, construction and maintenance of said power lines on and across the following'premises, belonging to the said owner in Ada County, State of Idaho, in the following location, to -wit: IN MERIDIAN MANOR NO. 3 SUBDIVISION, Ada County, Idaho, a strip of land ten (10) feet wide, five (5) feet on each side of the boundary line of the actual building sites, running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; thence, strips of land each ten (10) feet wide, one on each building site running directly from said point or points on the boundary line to the corre- spondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shown on MERIDIAN MANOR NO. 3 SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical, system generally will consist of buried power wires, transformers, junction boxes and other equipment, part of which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. (c) The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Zoning and.Planning Commission having jurisdiction, to.determine and designate the location upon such pasements of all irrigation ditches, pole lines, sewer lines, and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation of death, the remaining members of the committee shall fill such vacancy by appointment of an owner of property within this subdivision to such committee. VII That these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part hereof, until May 1, 2009, at which time said Protective Restrictions and Covenants shall be auto- matically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Pro- tective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ment shall contain proper references by volume and.page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. VIII That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any 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. That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the sane shall be and remain in lull force and effect. IN WITNESS WHEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this / = day of December, 1978. BEDELCO, INC. C1 STATE OF IDAHO ) ss County of Ada ) On this )8day of DreEmser, , 1978, before me, the undersigned Notary Public in and for said State, personally appeared W. BURTON SMITH and E. L. BEVS, known to me to be the President and Secretary respectively of BEDELCO, Inc. that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. tart' blic for 4d Residing at Boise, Idaho Meridian Cil 11 Janua Regular meeting called to order by Playor Joseph L. Glaisyer at 7:32 P.M. 4, 1932 Councilmen Present: Richard C. Williams; Grant P. Kingsford; Rick Orton Jr.; Bill Brewer Others Attending: Bruce Stuart; Roger Welker; Vern Schoen; Doug Nichols; Earl Nfard; Gary Smith; Ron Tolsma; Wayne Crookston;John Krishnek; Kenneth Marler; Aaron L. Burtzoff; George R. Carey; William Carroll; Rick Potter; Mohammad Alidjani; Helen Alidjani; Mike & Cindy Hedge Erik & Carole Gabrielson; Larry Fortise; Cherol Williams; LaVon Kingsford; Coenraad Abas; P9arnell Chenowith; Sharon Morth Donna Day; Tom Marks Minutes of the previous meeting were approved as written. Agenda Meridian Manor #3 - Square Footage Requ-irements, Erik Gabrielsen was spokesman for neighboring residents in Meridian Manor #1. Gabrielsen's basic concern was the square footage of adjacent houses to be on Block 2 and Block 4. He felt that the designated square feet for housing on approximately eleven lots would effect the value of his property and requested that Blk 2, Lots 11 through 16 and Blk 4, Lots 7,8 & 9, and Lots 9 & 10 Blk 4 beupgraded. Gabrielsen stated that in the covenants the minimum dollar value was $35,000 and asked that a value be addressed for Meridian Manor #3. Homeowner Mike Hedge, residing at the corner of Crestmont and McGlinchey, stated that he had been assured that Meridian "lanor #3 would be developer' along the same line as Meridian Manor #1, and Meridian Manor #2 before it was vacated,was platted on the same line. Hedge stated that Bedelco had c re before the Council approximately 13 mos. previously to proposes" the down -size of lots and duplexes. The City Cougcil at that time granted Bedelco the downsize of the lots and w; :r, a compromise with the citizens granted only a dozen duplex lots. The citizens were ada­,an-lly against this change as it may effect the value of their property. Hedge expressed his feeling toward the new proposal and so many two bedroom homes as they are not selling, less property value, families outgrow and move on causing less home maintenance - all effecting the neighbor- hood. Hedge stated that they felt they were subsidizing Bedelco out of their pockets (Tape on file) Hedge: "I would strongly urge that the Council not to even pass this admendment to the covenants of.Meridian Manor Number 3." Bill Carroll, 1940 Crestmont; questioned Block 4, Lots 24, 25, 26, 27, 28, 29 and 30 and the square footage per dewelling, as these are duplex lots. Vern Schoen, Bldg. Inspector explained that the square footage designated is per dwelling - a lot designated as 1300 would be a 2600 sq. foot duplex. Carroll: "I think of everyone of the homeowners on Crestmont, McGlinchey, and adjacent within the 300 foot area are in,total agreement and against this. I strongly urge that the Council not pass this." Art Davis, representing Bedelco: "I would like to mention to the Council that if there are any of the square footage designated lots that the Council would like to change, feel free to change them. All we want to do is comply with the Ordinance. If the Ordinance doesn't exist then we have nothing to do. As far as the two bedroom homes.- Bedelco built 90% of the homes in Meridian Manor #1. On the east side of Crestmont there are two small homes and they are nice 1 poking units. We do not plan on building a dumpy two bedroom home - we dry not build that way, we build units that aro compatible with what is there. 60% of all housing in Meridian Manor #3 will be from 1200 to 1300 square feet or more. 10% will be the 1,000 and ?0% will be 1,100. If the square footage is offending anybody - there's one lot in Block 2 that is on the Culdesac and the setback is so that we must put the 1000 dispersed." Councilman Orton: "Do you intend on our Ordinance of smaller homes, change your covenants?" Art Davis: "If a buyer wishes to purchase or build a 1,000 sq. foot home we desire to designate 10 lots outof the 103 - and for them to be dispersed throughout." Orton: "Do you intend to change any other aspects of your covenants, for example the type of construction?" Davis: "As a mentioned on the 21st - our covenants do not s.y we require a two car garage - we feel that A two car garage is mandatory and will change our covenants." Meridian City Hall 2 January 4, 1982 da 1 (Cont'd) Meridian Manor #3........ Orton: "What about this business of s $35,000 home, are you going to lower that - or increase it?" Davis: "That was something that went along with the covenants of Meridian Manor #1 this will be dropped out as we can't even touch them." Orton: "Are you going to change any other part of your covenants that speaks to the type of construction?" Davis: "The homes that will go in there will range from $49,500 to $57,000. We have one plan that is 3 bedroom, two baths and you will see some of them in Meridian Manor #1, and are 1,423 square feet." Councilman Kingsford : "Wayne (Attorney) in terms of what we can and can't do - we have an Ordinance that allows for this type of dispersal now. As far as amending the restrictive covenants that can be done by %75 of the homeowners, right? Homeowners of this particular development is Bedelco. This is apparent that we can't do anything," unless we amend our current limitations in regard to the percentage." Attorney Crookston: "The most that you can do as far as changing the square footage sizes is to dovetail it with your present ordinance." Kingsford: "This means, Erik, what you have asked us to do we cannot do. Like Art said, they will put them where you want them - as I see it that is the most we can do." Erik Gabrielsen: "In alliance with that, in Ordinance 383, Sec. 9-615, Item 2 " all new residential housing developments in the City of Meridian shall be designed and'insure'capatibility with adjacent, existing and/or proposed developments'.' Those adjacent lots that I mentioned are not compatible with existing dwellings. I recognize the fact that Bedelco has been a quality builder developer in Meridian Manor No. 1 and possibly other subdivisions in Meridian and Boise, but what if Bedelco had an opportunity to relinquish their interest in this development - to another developer and another builder. I would assume if you moved on this tonight and approved of these square footages, that new developer could use that same platting and could downgrade the quality of homes that was intially intended to be built. Is this possible or not?" Kingsford: "Your-rsecond comment - there is no guarantee who is going to sell or,, who is going to move in." Attorney Crookston: "You have no way to control who is going to own a subdivision and you have no way to control who is going to move in. You have no control even now at 1,350 square feet. I understand what you mean because I live in the area also. But, I don't see how where the Council has any other function other than to decide whether or not.the application for the change fits into the ordinances. The reason the way the ordinance is structured the way it is, is so you do have the opportunity to give the homeowners the input and then structure the percentages so it fits in with the scheme of the entire area. As far as the Council, they don't have any other function than to try to fit the application into the existing ordinance." Councilman Brewer: I think it has been covered over and over again. We have got to remind ourselves exactly why Art came here. As I understand it he brought this plat in to adjust the square footage percentages and in so doing, some of the connecting property wanted it upgraded, which he has done. It seems like this should be left up to our Ordinance - if it's been accomplished, it has been accomplished - it's over . and done with. I think Art has been very kind in working with the people." Art Davis: "I would like to assure the neighbors of Meridian Manor that we do not build anything but quality - we may sell lots to other people but believe me, we police it - I will personally police it. Now, as far as Meridian Manor #3 is concerned, we vacated Meridian Manor #2 because those lots were small and designed for Farm Home which is what the people were buying. it ,post us $7,000 in Engineering costs alone to replat that to Meridian Manor #3 and get bigger lots - and I now that the people of Meridian Manor #1 have had problems to go through with this - but it's been going on for six years. When it first started we were ready to go but the Trailer Park went in and overloaded the sewer plant and we couldn't do a thing. Then we needed a well so we put $35,000 so the City of Meridian could build a well. We want that system to go and all we want to do now is comply with the Ordinance. Lord knows we want to do everything we can do to make this a viable situation for everybody. If it goes downhill, not only do you folks suffer, we suffer also only to a greater degree." (Cont'd) Meridian Manor #3...... Mayor Glaisyer: "All things have been covered in discussion and I think the Council should remind yourselves that all building codes are made up to FHA and HUD specs." Bldg. Inspector: "Yes, it doesn't specify that the material has to be "better than" it can be.common material - it's the minimum requirement - anything better than that is°up to the builder." Councilman. Orton: "He has obviously met our percentage requirements and taken the pains to adjust the distribution of the homes to have less impact than it originally had - I don't see anything personally that I would want to change on this distribution." Attorney Crookston: "You just have to approve, or dissapprove the amended plat to put those figures on the ammedded plat." Erik Gabrielsen: "I would like to read on that same Ordinance 383, Article 7 "prior to enactment of this Ordinance all residential developments approved by the City with minimum housing size of 1,350 square feet being contained in restrictive covenants of the subdivision, this section shall have an effect on removing the 1,350 sq. foot restriction. If an owner or owners of the subdivision desires to have this section apply to their subdivision they will come before the City Council with an amended plat showing the lot, the minimum size house that they can build thereon clearly shown. Said change of the Plat shall not be considered a new platting for purpose of platting procedure and only the City Council need act upon such request". So you can or you cannot act approving this request. "One hearing must be held upon such request 15 days prior to notice being published in the official City newspaper and a notice being forwarded to certified mail, registered receipt to individuals within 300 foot area". I still refer back to that one statement that it must be consistent with adjacent housing - a least a few of those lots are not." Mayor Glaisyer: "Does the Council wish to make a decision?" Orton: "The gentlemen has complied with our ordinance and distributed the housing to minimize the impact on surrounding neighborhoods" The Motion was made by Orton and seconded by Brewer that the Council adopt the amended plat conforming to the housing size requirements of the City as presented for Meridian Manor Number Three (0). Mayor Glaisyer called for vote. Brewer, yea; Orton, yea Kingsford, nay; bill iams, nay Mayor Glaisyer broke the tie by voting yea. Motion Carried. Gary Smith, City Engineer: "Before they proceed with building permits we need some input from the owner, or his contractor, a letter of acceptability of the sewer and water out there. We couldn't find anything in our records where it has been accepted. If there hasn't been a letter of acceptance, there should be before they put in a service." Custom Wood Products and Gem Fabricators - Progress Report (referred from 12.21.81) Building Inspector reported that he had gone to make an inspection on this day but there was no one around at Custom Wood Produc',:s. I John Krishnek: "The reason the building inspector did not find anyone there is because we have been closed most of the time since this situation has risen. We have been getting our things together, cleaning up and have been hampered a little by the weather. i The impact of the progress lies on the architect, by the tirne all the input, drawings and specifications, and may be the latter part of January. The electrical engineer would not be available for about 10 days. Upon acceptance of the plan it will then be presented to the City for approval whin woulc' put us up to about February 5th. In the meantime I could order the blower out but there is the possibility that this would �a not ,be a heavy enough unit when I received the architect's specifications." �` J Hal l 0 .2. December 21, 1981 Agenda l (Cont'd) Mortensen Rezone...... Orton: Have you agreed to comply with those Highway development program as it �� Y g. p Y 7 Y� p P 9 occurs?" Mortensen: "Yes,'as it occurs.. I wrote a letter to the Highway Department to that effect." Orton: "At times when improvements are repuiree they do take a bond - the bond covers the full ar: ount of the i��pr v_srent, thereby they control the timing and so - forth of that." Williams: "This stretch has already been !designated and planned for improvement - I think that the only concern at ACHD ;s because this is already!prccrammed unwi easements and purchases of right-of-way, der Urban "D" Funds - maybe we will never see that but we are programme) forjt. Mortensen. "I'm not understanding all that you're saying but I want a record to participate with the improvement when it happens. The Motion was made by Bill Brewer and seconded by Rick Orton that the Council approve the request of Jerry 0. Mortensen fcr- a rezone of 540 West Cf-,rry Lane from "A" Residential to "C: Commercial Limited Office; that the property hook up to City water and sewer, and that the owner participate in the expansion of Cherry Lane at the time of improvement with Ada County Highway District." Motion Carried: Williams, yea; Orton, yea; Brewer, yea Agenda PUBLIC HEARING - Mo'ridian Manor #3 'Square Footage Requirement for Housing i Player Glaisyer: "Tie Public Hearing for Meridian Manor #3 is now open." f Art Davis: "I represent Bedelco nor this request to change the restrictive covenants j Section 2, paragraph(c),to comply with the City Ordinance 383, dated January 5, 1981 recognizing the sizes of'the homes to be adjusted upon the percentage basis." 3 Cour,c,man Williams: ".The ordinance states that under the disbursement, they shall not be grouped - they 'shall be disbursed throughout the Subdivision. I noticed on Block 2, Lots12, 7 13, —and _14 altogether represent 40% of the homes 1000 -feet or r undeand T.,�n - t�,'rankly, don't think that i s dl i sbursement. " f Art Davis. "This is not a problem. Whatever Mr. Schoen's recommendation, and your 1 recommendation is we will c the regular sized lots." hange. We were 'trying to put the 1100 sq, ft. homes on Williams: "I live''in that area andI have had several people call me about this ?' because their homes are substantially larger than that and they are very concerned." Art Davis: "We will change this to comply with dispursal." We want to build a home economically, we can't put a 1300 sq. foot home on every lot but will put as big as house as we can. With the duplex lots along there we could have done a split and f got us another 1000 or two 1000 sq. foot homes - we left them at 1200. We want to build a home that people can economically get into. These same developers built the homes that you refer to in Meridian Manor No. 1." Councilman Orton: ";Now, currently you are under the old 1350 sq. foot requirement?" Davis: "That's cor`rect." Orton: "Have you made an active effort to sell a house that large in this market?" Davis: "We have sold homes and the homes we will be building in there, 1/',-23 sq. feet home will be build or a lot -that requires a 1300 sq. foot - that is what we will do as far as the Bedelco people are concerned. We want to change the restrictive covenants because it does not say double garage and it should - we want to do that. We want to build an energy effecient, small, two bedroom home that you can get finance for." Mayor Glaisyer: "This is a Public Hearing and I will now ask anyone from the public to please step forward and state yDur name." Erik Gabrielson: "Ply house is in a way that would be abutting against at least two of the lots in that circle of Block 2. First of all, which covenants are they amending - the covenants of 1979?" City Clerk: "That is the last covenants submitted." i Meridian City Hall 3 December 21, 1981 Agenda 2 (Cont'd) Meridian Nlanor No. 3.......... Gabriels^r: "They specify in that, as far as Number 2, Item (a) the lots for multi -family will be lots 10, 13, 15, 24, 25, 26, 27, 28, 29 and 30 of Block 4. I just want to make sure _I obtained a copy of the older covenants t,e other day. My understanding was that when this was last presented in the first part of 1979, that -there was tentatively 93 lots in that platting - has that been amended since that was first presented?" Vern Schoen: "I came lop w~th 103. I think these two were originally in the well lot." The Plat of Meridian Manor Number 3 was displayed. Gabrielson: "It was original 101 lots as Meridian Manor No. 2 and then they upgraded to Meridian Manor No. 3 and cut it to 93. Maybe I'm mistaken and going in the wrong direction." Councilman Williams: "When the original plat came in, if I remember right, they had Commercial on Meridian Street - some spotty Commercial - off of Willowbrook and Meridian Street.- I think that was changed from Commercial and that _I Clink was where they got the extra lots." Gabrielson: "All I have to go by,is what I picked up here last and from several accounts I come up with a total of 93 lots that- have been platted in this plat." Schoen: "I went oder this several times and I think this were to be"existing lots" I think would make .it 103. Now, maybe the difference would be that you have to figure a duplex as two units. That may be where you figured it different." Gabrielson: "O.K. that might be the difference there. I was going by total lots." Schoen: "When I look at a plat like this, I only figure the percentage to make sure he was right - I had nothing to do with the descr-'ption of lots." Gabrielson: "So, they are stating that on the duplex lots tha:, they will have two 1300 sq. foot duplexes, or two 1300 so. foot homes?" Schoen: "That's right." Gabrielson: "Then there will be 2600 sq. foot on thus 1300 sq. foot designated lots." I would like to 'point some items in Ordinance 382 which states that 9-615, Item 4 that all houses below 1300 square f°yet shall be interspersed uniformly throughout the entire development. And, under item 2 it says that"Ali new residential housing developments '„ the C_tysh�l.1. bedesignedto insure computability with adjacent existing developments." In Block 2 there are four (4) lots that are attached,.wh,ich are adjacent, abutting existing homes,that ,re at the lowest square footage size of ;,COO sq. feet. I feel that they should be interspersed without the full subdivision.' I feel that my property will be affected by only a 1000 sq. foot home in my backyard basically. These two points I brought up are not in compliance with Ordinance 383.11 Vern Schoen, Bldg.,'Inspector: "One thing I would like to point out - he could have had one more 1000°,5q. foot house to bring up to 10% but he moved up into the higher sq. footage." Mike Hedge: "I live on the corner of Crestmont and McGlinchey. The majority of the people that are affected by this, we weren,'t notified until just a few days ago. Since this hearing is held during the Holiday Season the -e are a lot of people that couldn't make it tonight. My biggest concern is when the gentlemen stated they will be willing to disperse the lots - 1 would like to see the Council not act upon this tonight and let the gentlemen put together, what he want's to do to coordinate this and then come back at a later date. Then at that time it would give --,e residents that are affected a'little more time so that 1 -hey can come in to find out what they are directly affected by. Those' of us that are here tonight would have a better chance to see if he is going to disperse the lots, where they are going to be and how it's going to affect us as each individual. I'm rea`ly° personally concerned, the last time we were down here they talked about changing some lot sizes and added some duplexes. When I bough-'- my property one of the things I was told was "yes, my subdivision would be extended and it would be basically the same as it was." Now, we are looking at them again and they say they want to-down-s-ize the homes and they still haven't built anything out thcre, or done anything since they put the streets in. We were concerned abou•c traffic and we have found out the Crestmont has turned into a Freeway - I'm just concerned what's going to happen after we grant this - are we going to wait another year and they will come back and want more? I am the owner of the home where I'm at and will probably live there forever because I can't afford to leave that house. I hope. that you w-11 take this into consideration." 147 r j 1 , Meridian City Miall_ .4. December 21, 1981 Agenda, 2 (Cont'd) Meridian Manor No. 3......... Mayor Glaisyer: "Anybody else that wishes to comment at this time?" No response. ;a "If not, I will close the public: hearing at this time." Agenda 3 Art Davis: "I would like to comment regarding the size (housing). In November I took this to Mr. Schoen and had it checked. if Mr. Schoen would like to put the square footage inithose lots we have no problem on this. What we want to do is build to make it more presentable to everybody." Orton "Vern, are'you the one that should be placing the dispersal on these lots?" Schoen: "I do not place them I just use the percentage basis to make sure we have,covered it -; I helped him on a large decision to make a boundary. I didn't even consider the situation." Williams: "I have been on the City Council for six years and this development has been in one stagp,or another in that six year time - I don't think two weeks would hurt us." The Motion was made by Williams and seconded by Orton that the Council table Meridian Manor Number 3 Square Footage Housing requirements until the January 4th, 1982 meeting so that Mr. Davis and Mr. Schoen could work together to resolve the situation on Block 2 so that' the!'residehts can feel comfortable with the designated square footage on housing,." Motion Carried: Williams, yea; Orton, yea, Brewer, yea Mayor Glaisyer: "I don't see any problems with this - redesign your plat and give it to Vern and we'wil' have it available for the residents to come and take a look." There was discussion'and Mr. Davis s,vated that the change of housing square footage on the plat would Lie ava lable at the City Hall within two days. Custom. Wood Prod!,, s----J-o-hn--G.--Kr,ishnek and Attorney Gary Lew Gary Lew': "I am here on behalf of Custom Wood Products. We recently received a letter from Vernor _➢:poen., Building Inspector,•who appa�-ently made an inspection of the facility and lister! viol'a.tjons. The letter states that with so many violations the business must be c'1 osed down until all violations are corrected. I have with me John Kr'shnek who 'is the,President and the sole owner of Custom Wood Products, Inc. We want an oppOrtunity to discuss, not so much as violations them- selves, but what we might be able, ,to do to set forth some guidelines for trying to correct any of the', vi of ati ons 9 wh-1 1 e the same not requiring Mr. Kr i shne4< to close his;operation. Basically his is a very young business - not quite a year now and was originally started in his home before moving but to the Meridian Storage Area. It certainly hasinot been his intent, or ever been his intent, to violate any of the ordinances, building codes or anything. This is apparently something that has happened. He has;;Itr ed to set down this last week, since he received this letter to get bids, quotations, architect, trying to set- out a scheme of plans which he could propose in'a way of a schedule as far as meeting all the requirements to correct these violations. I will tern tM s over to Mr. Krishnek so the,," he can explain his organization and what he is proposing on his time schedule." Krishnek: "I appreciate your time and sorry for the inconvenience of these problems." I started out very very small with the idea that this would be more of a home:, project and since,I,being a recovery victim of a State Industrial Accident I wanted something to do. ''This project grew and I couldn't handle it at home so I shoe to Meridian Storage and went ahead'moved in. And acain i had no idea. ';his was going to happen. At the time I had,expa+nded once and we �.re getting ready to expand the third time perhaps. I started out with my .c;, and myself -today we employ 21 people, Since there is a s' a.ck 'I laid my second shi off and hav,= been workilg with.a skeleton crew and practically the clock round` to get everything caught up. My clj entele is such as Hoff's, Garden Pacific, Boise Cascade, Huff's Lum�Der Wholesale and of course,we do some retail. We are being looked at by a large organization and this would a tremendous contract, bringing employment to the : 0 0 HUB OF TRFASURE VALLEY A Goorl Place to Uve OFFICIALS LAWANA L. NIEMANN, City Clerk r-1-7-%7 o -1,A-7 Y—", T7 � A 7,�, 1 1�7 AN COUNCILMEN A. M. KIEBERT, Treasurer RICHARD!). NICHOLS, Chief of Police -- %.L% 728 Meridian Street GRANT P P.KINGSFORD BILL BREWER RICHARD F. ORTON, JR. 13RUCE D. STUART, Water Works Supt. JOHN O. FITZGERALO, Attorney MERIDIAN, IDAHO RONALD R. TOLSMA ROGER WELKCR, Fire Chief 83"2 ANNETTE C. HINRICHS EARL WARD, Waste Water Supt, Phone 883-OA33 Chairman Zoning &Planning JOSEPH L. GLAISYER Mayor December 22, 1981 TO WHOM IT MAY,'CONCERN: During the regular City Council, meeting held December 21st, 1981 the following Motion was made and seconded: "That the Council table Meridian Manor #3 Square Footage 11 Housing:,requirements until the January 4th, 1982 meeting so that!Mr. Davis and Mr.' Schoen could work together to resolve the situation on Block 2 so that the residents can i: feel comfortable with the designated square footage on housing.;" Motion Carried. LaWana L. Niemann City Clerk City of Meridian, Idaho NOTICE OF SPECIAL 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 hour of 7:30 pm., onrthe,219t' day of December, 1981, for the purpose of setting the square footage requirements for each lot of MERIDIAN MANOR NUMBER 3, which is located within the City of Meridian, County of Ada, State of Idaho. Any and all parties interested shall be heard at the above scheduled hearing. DATED this 19th day of November, 1981. Cit Clerk COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L SHARP Chairman Zoning d Planning HUB OF TREASURE VALLEY A Good Place to Live OFFICIAS CITY OF MERIDIAN LAWANAL.NEMANNLCity Clerk A. M. KIESERT, Treasurer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney MERIDIAN, IDAHO ROGER WELKER, Fire Chief 83842 EARL WARD, Waste Water Supt. Phone 88841433 JOSEPH L. GLAISYER Mayor NOTICE OF SPECIAL 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 hour of 7:30 pm., onrthe,219t' day of December, 1981, for the purpose of setting the square footage requirements for each lot of MERIDIAN MANOR NUMBER 3, which is located within the City of Meridian, County of Ada, State of Idaho. Any and all parties interested shall be heard at the above scheduled hearing. DATED this 19th day of November, 1981. Cit Clerk COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALD L SHARP Chairman Zoning d Planning AMENDED DECLARATIO& PROTECTIVE RESTRICTIONS AND COVENANTS MERIDIAN MANOR NO. 3 SUBDIVISION THIS AMENDED DECLARATION is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "said property", more particularly described as follows: All of the lots in MERIDIAN MANOR N0. 3 SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book , of Plats and Pages and , records of Ada County, Idaho. This Amendment amends the original Declaration of Protective Restrictions and Covenants for Meridian Manor No. 3 Subdivision, recorded in the Ada County Recorders Office, Instrument No. 7923263, and amends said document as follows: Article II, Paragraph (c) is amended to read as follows: II (c) MINIMUM HOUSING SIZE: All residences constructed in this subdivision shall be in accordance with, and comply to Section 9-615 Title IX, Chapter 6, revised and compiled ordinances of the City of Meridian, Ada County, Idaho, as set forth in Ordinance #383 dated January 5th, 1981. Said Ordinance shall be Addendum "A" of these Restrictive Covenants. If at a future date this Ordinance is changed or replaced by the City of Meridian, these Restrictive Covenants may be ammended in accordance with said revised ordinance at the discretion of any lot owner in compliance with normal dictated procedure. These footages are exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures. IN WITNESS WfLa!EOF, the undersigned being the Declarant herein, has hereunto set its hand and seal this day of , 19 BEDELCO, INC. By— _ W. Burton Smith, President ATTEST: E. L. Bews, Secretary STATE OF IDAHO County of Ada )"s' . On this day of 19 , before me, a Notary Public for the said state, personally appeared before me, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. Notary Public for Idaho Residing at , Idaho _,aee �c 46 DECIJA%%TON Or PROT!''MVE RESTRI M'IONS lVND (:OWNANTS �MRIDIAN AVV'01: NO, 3 SLJ13J)IVISIO.\` DATED: DEC. , 1974 KNOW ALL AT.v BY u IESE I'FLS._,ti' 7 S, That the °andersigned does hereby certify and declare: That BEDELCO, INC., an Idaho corporation, is the owner in fee sample of the following described real property, located in Ada County, Idaho, All of the lots in MERIDIAN 1t1,,kNOR NO. 3 SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder of Ada Count;,, State of Idaho, as shown by Book , of Plats and Pages and , records of ,Ada County, Idaho. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of designation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein. expressed and seal forth, and that by the acceptance of such conveyance, assigr.nnt, or transfer of interest the grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other a, to the property so described or conveyed in, or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lots and be restricted to single-family dwellings, except that Lots 9 and 10 of Block 2; and Lots 7, 8, 9, 10, 11, 12, 13, 1t, 153, 24, 25, 26, 27, 28, 29, and 30 of Block 4 are hereby designated for use as either single-family or two-family dwellings (duplexes). No structure shall be erected upon any residential building site cher than residential dwellings and accessory buildings. none of which shall exceed two stories in height. (b) TYPE OF BTJZLDINGS: All buildings shall be of frame, stone, brick, eoncrete,.or block construction and, if other than brick or stone, shall. -be finished and painted and kept in good repair, and said property shall be used an such manner as to be inoffensive to any other property owners thereof. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area required by a majority of the committee established in accordance with the provisions of Section III, hereof, provided however, that in no event shall the required area be less than 1,350 square feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures and which shall cost not less than $35,000.00 excluding lot cost, based upon the prevailing building average costs as of the date hereof of a one-story house or 1,000 square feet of first floor area in the case of.two story or split level house. : (d) BUILDING LOCATION: Unless otherwise specifically approved in writing by a majority of the Architectural Control Committee, hereinafter provided for, no dwelling house, garage nor any part thereof nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected with less than a five (5) root side yard on either side of the house, and upon corner lots all buildings shall be at least twenty (20) feet from the said street line.; but this provision shall not apply to garages or other buildings locdlted on the rear quarter of any lot except corner lots. For the 1)1.1rpose of this covenant, caves, steps, chimneys, gutters, and open proches shall not be considorcd as a part of the building, PROVIDIM 110MA7:R, that this shall not be construcd to permit -MV portion of a building or any site to eaicroach upon any other site. Mlcrc it is architecturally possible, it .i.s a•c�:rn:nncncic�l that rill g:ira;; rs lir. ia1coa•1�oa dwelling house. ''ated in and made a part of the (e) BIJI,)ING SITE, !:)uj2ding. site shall consist of a minimiun of (1) _ A one of tile TOsidenco tracts as ill said plat, P1:1 '-ted and as described ill �! dOCLI _I f one or more. such rc-SiL1011cc or convcYanco;, or ('2) a parcel CO',111POsOd of 1)0-':t'olls 0 s1lall eq 1 or exceed the depth tracts, tllc depth and frontage Of SO., Ld parcelPa rcsidcnce tracts as platted in the same block, w1th and frontage of platted and area. being in conformance with the requirements Of the mininiimi d -,; 1ijens, ions �_L'lj effective at that date. subdivis-ioll ZQn4­_,1g ordinances N OF OUTBUILDINGS: No building or (f) MOVING OF BUILDINGS -CONSTRUCTION and outside of said structure shall be moved onto said real property from*any 1 t struc approved by the plat except a new prefabricated structure of a type and design No tyailer houses shall be parked in any Architectural Control ComTlitt0c. ck, ck lines. No trailer, basement, tent, sha street or within building setback _y time used utbuilding erected on a tract shall be at ap garage, barn or other o permanently, nor shall y anresidence of a as a residence, temporarily or of any kind shall be erected or temporary character be permitted. No building maintained oa building site prior to the erection of the dwelling house n thereon, except that a garage or other small building of permanentconstruction garage f storing tools and other articles prior to may be erected for the purpose o the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling prosecuted diligently and continuously from and associated structures shall be pros C, ociated structures are time of commencement thereof until such dwelling and ass es shall be completed as to external :Fully completed and painted. All structur ithin eight months.from, the date of appearance, including finished painting, w commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarryungy or mining operations of any kind shall be permitted upon or in any lot, nor shall oilwells, ts"IR's, tunnels, mineral excavations or shafts be -permitted upon or in any lot. No derrick or other struncture ned designed for use in boring for oil or natural gas shall other maitai or permitted upon any lot. (i) EXCAVATION, DEFACING OR LANDSCAPE, DITCHES- . No excavation for stone, sand, gravel, earth or riinerals shall be made upon a building site wthe an unless such excavation is necessary in connection ation drain or ith waste watererection shallof be improved structure thereon. No irrig permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, are to be carried at sufficient depth underground so as not to interfere with the use of.such ground. (2) Ditches, if any, are to be carried in sealed mderground conduit - (3) Ditches, if any, are to be located only within casement or street right-of-way lines as shown on theplatof said subdivision. (4) The cost of constructing such ditches, if any, shall be paid by the re under e. The parties installing sam owners of saidsubdivision ar furnish rights-of-way to any oE no obligation to deliver water o the lots in this subdivision. (j) IRRIGATION: The Grantor and Grantee understand and agree that the Grantor shall not be obligated to deliver irrigation water to any lot in , -. M- IDIM AMIOR NO. 3 SUBDJVTSIC )N- and further ulidorstand vend agree (1) that water deliveries will not be provided; and (2) that the purchaser of the lot must remain subject to all assessments levied by the irrigation clitity; and (3) that the illdividual purchaser shall be responsible to pay such legal assessments., and a (4) that the assessI,aonts .irc > ,men 0I1 taic lain"' within tele irrigation J elitity, Wild (S) that a disclosure statement co"tailling the representations set forth in this section will be provided to the Grantee. (k) REFUSE DISPOSAL - Nt%TEPJAI, STorv' GE: No machinery, appliance, or structure or tulsightly material may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes, or other refuse may be thrown, dwnped or othen�rise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of t";,F, building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. (1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a .`eight greater than that allowed by the local controlling ordinance, but in no event shall it be greater than. six (6) feet in height above the finished graded surface of the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between four (4) and eight (8) feet above the roadways.shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty (20) feet from the intersection of the street property lines extended. The same sight -line limitations shall apply on; any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight -lines. (m) NOXIOUS USE OF PROPERTY - SPITE FACES: No portion -of the real property nor of a building site nor any structure thereon shall be used for the conduct of any trade, business or professional activities. oxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property, during the construction and sales period. (o) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or cortnercial enterprises will be permitted where such small animals exceed in number those usually owned by lot or tract owners. III That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, hereinafter designated, as to duality or workmanship and materials, harmony of external design with existing structuros, and as to location with respcct to topography a11d fiIli.sh grade elevation. No fence or wall shill be erected, placed or all-cred on any lot tleal'er to any street thaI1 the IRII1171lLDll bu i lcl ing setback Lille Luiless similarly '-pproved, -is provided in Paragraph IV hereof. As ` 0 4111 im}�Y°ovc9nctlr5, ovls trricti Miction, -1114 al'��°rrltio;ls r,7cn building sitesa the11g'c}bLteitidflcbl (:odltd'ol Condmbt.tcc 5"16111 lllvc t}lc night to refuse to approve any design, }IMI, floor arM or color for smch improvements, constructionor alterations which is not suitable or desirable in the opinion of a majority of said Conuuittce, for any reasoil, aesthetic or othcrwisc, mid in. so passing; hall have the right to take under consideration upon such design the Cbnunittee S the suitability of the proposed building or other structures, and the material of which it is to be built and to the exterior color scheme, to the site upon which is it proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as Manned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Comdmlittee shall affect the desirability on suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans hnd specifications as approved and shall not coltcmence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval, by the Architectural Control Committee. IV The Architectural Control Committee is composed of Its. Burton Smith, 9530 Halstead Drive, Edward L. Bews, 5206 Sorrento Circle; and Arthur C. Davis, 7203 San Fernando Drive, all of Boise, Idaho. A majority of the Committee may designate a representat�-ve to act for it. In the event of the death or resig- natien of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this convenant. At any time, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the parer through a duly recorded written instrument to change the membership of or to withdraw from the committee or restore to it any of its powers and duties. No.member of this committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. V That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing, in the event the committee, or.its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required of such committee and the related covenants shall be deemed to have been fully complied with. VI (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner,.its successors and assigns, a six (6) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each of said lots, for the purpose of constructing water amain, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such otter public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels hence forth; this reservation being intended to provide an casement twenty (20) feet wide centering on the rear lot line of each lot. 1he casement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which 1nay ddunage or interfere with the install and maintenance of utilities or which may change the direction of flow of water through drainage climinel in the easements. .f (b) An casement is hereby granted to the Idaho Power Com}'any, a coil)oration, its 1.iccrlseCs, successors and,; 1,; , .l penrtancpzt and perpetuwl easement and Tight -of -way, ';11Mcicn'. in .4Jdth to install and meintli'lti ail undcrgrowiu electric power line, including the perpetual right --o'c:nter upon the real estate hereinafter described) at all reasonable times, to construct, maintain and repair underground power li.nc ; through, tinder and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trcnchcs for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interferring with the location, construction and maintenance of said power lines on and across the following'premiscs, belonging to the said owner in Ada County, State of Idaho, in the following location, to -wit: IN MERIDIAN MANOR NO. 3 SUBDIVISION, Ada County, Idaho, a strip of land ten (10; feet wide, five (S) feet on each side of tine boundary line of the actual building sites, running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; thence, strips of land each ten (10) feet wide, one on each building site running directly from said point or points on the boundary line to the corre- electrical service entrance facilities on the buildings spondingly opposite constructed on said building sites. The actual building site may be a lot as shown on MERIDIAN NIMOR NO. 3 SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part of which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. (c) The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Zoning and Planning Commission having jurisdiction, to determine and designate the location upon such easements of all irrigation ditches, pole lines, sewer lines, and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas.. This Committee shall exist in perpetuity, and in the event of vacancy by resignation of death, the remaining members of the committee shall fill such vacancy by appointment of an owner of property within this subdivision to such committee. Vil That these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part hereof, until May 1, 2009, at which time said Protective ::astrictions and Covenants shall be auto- matically extended for successive periods of ten (10) years unless the Owner or owners of the legal title to not less than two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and aclmowledged by them shall then terminate or amend said Pro- tective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ment shall contain proper references by volume and page numbers to the record of the plat and the record aeset forthand allam d rthis aation nwhich c amendments hereof these Protective Restrictions and Cove VIII That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions an;i Covenants, any other person or persons 01%7ainp; any real property embraced in the said stbbjivision plat shall have full power and authority to prosecute arty proceedings at law or in equity against t}re person or persons violating or attcmrt irtg to violaite anY of. t}ic :Mid Protective Restrictions and Covenants, rind either to prevent him or them :from so cloill o or to recover dramages sustailled by reason of such Violation. rovisioii, scntcncc, or Par ac;rapl� contained i,d Covcgz> its by :sULIgmLnt or court order That the invalid c�tion of any P ,_ n provisions, sentences, in these Prot�cvtive aTfc tsoriction'S invalidate any of the o,C r I but the see shall ill no w� or p aragg`aPlis of said ?'rotecti�L� and effect. and O,ovenan s, sl1all be and remain in Lull fo ItEOF, the undersigned has hereunto caused its Hartle to IN WITNESS IM- seal affi:ccd, pursuant to _' res�'�yn®�f ���� ��9a be subscribed and its this / � ®f Directors, by its Presadc�-. and Secretary 1978. l3EDELCO, INC. A P') STpTE OF IDAHO ) ss County of Ada the undersigned • �� da of �e�� s , 197, before me g On this )8 y ersonally appeared W* BURTON Sb1ITH Notary Pablic i1 a d for sa�t and 5,c'ate,i p -respectively a Ea La BOOS, 1<noti to me to be the P�esig instrument and c�owledged Isco that executed the boreboino of BEDELCO, oration executed the same - to me that such corp hand and affixed my official IN WITNESS RFOF, I have hereunto set my the day and year in this certificate first seals aboveti °itten, �o ta- y Public for dab Residing at Boise, Idaho 9 0 4 # Tlrtt the undersigned does hereby certify MM. rM ol ration, the owner in fee simple Of Idaho corpo ed prqXrty, -:ated in Uia County, Tdaho, �Iv 4,�Axed r joi, C-0 MIDLOW MWR ND- 3 SUPD1VlS10.N1 a rdiM to .the A%'I' Of the the County office o,' P. or c__,der of official on file in the tZe Of Idaho, as ;ho wn juoby 110,A Of Plats and pages AkU ic6rd,s of Ada County, That'all Of ' -,�_real property and all lots, parcels or tracts t;iercof. w-4 any conVevallt:Q ZD­cribinx all or an., - part thereof, either'by reforenCe to , the Official plat of said subdivision or by a timber ordesignation thti ns, or othe7vise, , SlIall',be subject to the restrictions, covenants, reservations, 0 mid conditions theroin expressed at -4 -set fOz th, and that by -the acceptance of cwwevw=, assigm, ent., or, transfer of interest the grantee or grantees administrators, suz.;cssors, and assigns, and each % wxt theiriwirs, executors. Q,- jqM each other as to the property so described or coil revel in of titem, agr�,, or by sud, cbnveya>; follows: (a) L I RI�SMCTI M: All lots in said subdivision shall be lmown BUW&C11111i's, t aj�', estricted to single-family and describ&_ jai lots arAl he r 15�, 14,. IS, 24, 23, 26, 27, 28,0 29. and. 30 of Block 4 arc except that lAts either single-r.uily or two-fa.IlY dwellings Wit- bereb� desigmted"fur. MW W - rusidencial building site 1 _qtn=,tVro shall be erected upon anN 0' &c1lings and accessory �ulldinV, none of which shall 4tfielr than Baal tw 'o sume$' in hc i ght. W L13JNCZ;: All buildings shall be of frame, stone, brick, W_ other s-han brick or storw, shall be i(M aNI, i f 0 0MVrote, or b1w. tv shall he used per ubj said pro :ural kept; in good repair. oth.-.r property owners thereof. iWffCWSiV'-- to MY agaer as to bu Ln sid"tial uuildings crected upon said (c, sl:F: All rc I bo' a TILliority of the cOm ;!ball }Lave a floor area requirf.% Property, rdanc -;cct on c wit,, thc,provisioL; :)f ll[, hereof, Provided establisbcd in awo sqttiro vc_.,1t -;M.11 the r,�N1tIJ.rcl ar -I be less t1gin I 35o that iSd carports, patio �go" floor a- 9.3 Cxc1LL"iVC Of P,=W'Us. jot. 1 -1 and rust not less -r structures - which sl4liL ;wrago rot=*. purclies, aml.qimila Qj upin til, prc�,ailing building avcrage excl"ng lot co,;tl, has �n- iiott.;e or l.out) :quare feet of first t;w Lite, hereof or a Ojlc-stf-� Cos split 1,.-.-0l eAVO gr or flwoor area iWthe apl ro riling bill U)1, I %ed it Unless Othcrwl�­ &d )Ivrelluifter provi , Vjlitectjr.il j.ontrol C­i,t11ittcQ, s Dy a ra)orit) CtUre. oragTc nor any part th rcof nor an%- other stru for, no 0".11inr ?MUSQ, g, lwla-ed ne rer t) in -Cal' 't to the1 ly (�71)) feet to the front rivr nearer than l'ifteell Nvn 1)ixilding ftnindation or wall thv ',d La: on whiL;h Lt )':!rd)':!rdr)n eitlir.r side L e cj with than (N) J1;01 lit �:i)raor lot'4 all �Iklild - 1AAL this pr,"i,ioll shall not ;Lpill" 1�,V� " fvva ttw id btrvn 11 iat ..,,cept corner luts. 1fA:AttA j��,j 11w rv;tr qtLtr tvl, .)t r ullwr 1)�AiWi$415 11.1 Open V(Itter,.4, a For of 440V t'lv Jorgi0a.,; AV -111 not b'Q considerk*d ,I :i part ot r any t1u#t tllj,,, -not bL, colj�itrijvd pc'"Ut othur sit,,. %itv to vilt'reach U I part of tix tiu-It all disc I I AJ 1g, lx)io; v q % d 7TS J r. d ' 7.- i'• , -.ice ;�',`a.'• ser} , firer E-^-r+^s"; y—w J T; 71 ' � k �� 5 e, ' 1 ta., ..L..a..S y, a�".F.v�1'i�•F .f •: w +`4'; _ 1 ' of �a min$c'of(ly i ' ` t 1�IYTdDY1� al'l"L: w i.id __ Consist :tc sia:: 1 �iDeai in sa (e) as descr k,• �. . ` o arra a 0 the res id=co :"8"C/ 7- �$a�81�9t1 1.°8 5a941 j1 L, a`� sons of Ong or t'X+ro smolt n*sidenc+: t I' or cone?'. 07 (21 a �1 ees�, w� gS`:�`6i :ua of said cc" Ott � `.:!' n c t B`6? tS, in Vae,s bletic, w9tls 4 tracts ?laa.;esl asci fTcareia ®: la resice trra Ctli£$1 i 'Iliti O f y > Q$64' CS3Ft1L¢d 9 �1it i ma C � l emg iii confornaMe cffwtive at that claw- x" subdivision and Z�i4 * fi't"tPil.ip—Cx u: .t$ibUILD=:Lj)TNnhas l]ttiidint� or ( t' Q cat id .: ;- �roTi'et .idv .+3 ` ll 2 - � i � s 3tSaai c.4. _ C UC0 A211 '60 od g b�, t se rY Ui iie°+Es"11 L9t blh k • p e y c�iY`ie �� s ►3�9iw �i C a r ill ly: •Paula `�1 l aoi > ;o twirler has q I. K h A1tii NO trailer. b .+hM:SLg t4ut )�i•k'si e l c►r � s�r•4Alliis. Cn a trsct shall be at' raj. t't� usal F A bzrn or oSiswir out&dldinp Crettea -.hall any resider r a a r a, e►�` t 'ly or pe t?w, nor e art, of a I,wistd tea or tt� tloe�i. Inc build bail,' irr. site prior to the crectu:Of t% citing :i rug=' ;, ° �I `. iUttaia�ead ops a amt a .<ae� or o4wr smil hj.,IdirG ;4f pe�C collstruetioa th�.rcc. .$Cle:, lOi to rot Pr ci;' ICS `°oz t11se O$ 5zoring totfls and outer a" y the ereetiwt of a t dscellink. of tl dlt�aa cons":tion oN U:TPwt� � G td%'�ous3v from m a P " . . shall be prosecuteddga�ly and cont associated stTUCttares are �• ut thereof unt i 3 such 3we11 ing anF trim' of letcxl ate �o +�xtern:zl r= P' . 1 fully c letd: l inted. All structures %hall be c Months from the date of soiA u.wwe, irvc]t�tn finishes painting, %!thin eight of bv� contiputfi f• 1 '�: •' f s.�tml cowerxex Mt of ttra�•ttot, or�such��ted r or bull "far � OM/ c$usc I , i io dr llitt oil devclopeaent operations, ap,lTlQiU: oi.i (i+1 �tl. R0 VPT�1di emitted any i ind shall he l -► I ,. oil refining, cy 7y°`inb or mining operations o; oil wells, tams, tunnels, mineral excavations upon or in Lot, nor sh�l elfin tis permitted tmaf o1 in any lot. `:o cleTria:k or other structure shall he erected, maintained designed£or use bot' for oil or Statural gets or permitted u stir/ lot- ; �� . , j, 1f i) 1:XCAVAl"l�'i:, nEFr'1CI15G OR L'v\W)CAPli, IlITt3iFS: No eacavati.on for b `� Shall he made upon a building ite r S s a stone, sand, gravel, earth or minerals with the erection of an ashless such eeCamation i• necessary to connection drain or waste water'sha11 tic bP.I r { E improved structure thereon. No irrigation ally '.or in said subdivision and rorty l errlitted to flog in open ditches tooron he trursmittccl only as follows: s to h carried at sufficient depth r:ndergYbugut f k i (1) Ditches, if any. are so as not to interfere with the use o'' noel: ground. r r if any. are to be carried in sealed underground conduit. a (p) Ditches, f �rr N.. to be lees e,l only within casement or street C 7 , (3) f►itcheG, if any, arc -0 lines as shown oar the plat of %aid sutxliei%ion. ! I j >^ s� right g lx paid Iry the 4t !a) The cost of constructing %uch �titch� s, if any, of said %ulxlivisiau are under attics in�tallinPy Tlx ensu r, no ohligation to deliver water or +urnish rights-of-uay to wry of p� ;1 t + ieF^yF` the lots in this, sulxlis•i,sloll. l P i {�) i1tK1C4Ci�tti: Che Grantor and Grantee aualcrtitand and a•,tce that. tln irriil:rtion water to any lot in r Grant shall not be ohliP;zted to deliver further wlderstand :utd agree: r I %jFR1DlAuN l+lhtt}R .d0. 3 5UP;Pt1VI5iC1N: and i . dl•o,•ided; arnl that water cliverir% will not liet (1)l s r that Oleputrhn•c•r cit' fisc toe nut�t rcMra$n subject 10 all asse»a:�•.rt� 0 levied by the irripitioll elltit�'; aar,l f't 1 � Such t fcha�cr Alai I h. reg lon�ii,lc to pa•• illilividu:al put i i r s ,.. that t1µ• • a: ,a�:..11'lil - , alld t l t t � 6 within the irrig"'o' re a lice on the land '7 that tile assessments a ju e entity; l arretns�iv set forth ntaiaing the represen,, that a disclosure Statenlon?, C, to the Grantee - in Tlais SMtion will ba.providod or .7 nvow, sm=: ijance, Ricci or h 'PQatcrial zav be stored Upon othcj- refuse M? Structure 01 �djvjsion. No trash, g.-jrbagas ashes, or uVon ti�,e real PrOPOM- NO M OC said SW r zantec - or. buil-10r portions r otherwise di-`VQsPd of site Until hz*ed c bf; th==, 'e=_ baalan s shall be tiv- Till 'o, n su;h M11 materials shall be Place� 'tia, the structure is ircajy and able to cCM3M= t1w buildiw, site upon ter upon any, p"Perty line of - -it to Ca placed within the Tne undersigwa Axll haven tjlj� rig was. brush. I to be crC%::C&-. 15 to for the AWPs* -,' Wm'ng or ri� vacant building SIL grydth or refuse- hly A! c or bou Mns allowed by ntcr thL that a� all jvve a ;night grl t Lv Freat-T than S';. (6) UV)n any building site Sh. r but in u� event shall 11 -r 01.L jjj1Q,% such cqntroliing 0rjiWaU:c- d gr'Idod surf&�c of the Wnd Lq ranting above the finish hedr feet i a t,+- 1 ght wall$ c, or shrub p" feet I is situated. (4� and eight (6) linci at 0 W corner. lot tte4 to rcmain on I whichoh!;t'FIxTs "ght PLW-40d Or parlat ticrtv lines arl a line Awvc t14- rW&3Y11 11h321 IV �a by the street P70. gect-ion of t1W area Cos= wjti,ia the trj,.%V-uLar Uf_ hall aPP1Y feet frm the inter, sigbt-linc, linCA CAMW sit p7c*crty .1trrwt tkic intersection Of a stm b tree slu'll be any jot wit6n ton (10) Joy pavautnt� the � O� a drivew."'Y'" `11 . Cr'sectiora unless M, W, i th i n a -C cdv.,( 'hin Such distances Or Ai, --h int, obstr=tiOn of such to Irewin Wit prelvent at Sufficient h0iot to to portion Of the real Splu; Fl; FS: OLE 11ST.. Of: rcon shall be Used for (mix0XI, V structure th-L, r" awl WIXIOUS or jperty nor of a building s il"s or professional activities- )erty is cor4wL of any trade, bus f the real PrOl of the W portion 0 irabic use of jl, jetermInation -able acts, ;ts, or unJL 0 patmitted Or maintained. shall be shall not b rabic or noxious jw­l ibited And activity or use is Ond0s' S i Ped Owner that any ac It, sive upon all parties --c shall be a spite fence 91, spite tree 'rhc construction or maintcrim" Of I atlon bV the Wuk-r-signod OV=r ng site. The determin- I. ter category shall be 1. rollibited upon any building at or trL fence, hedge, falls within the that any urall, conclusive upon all parties. TY: No recreatiOmAl vehicles -SS OF rROPER (;INr C -je Parked on any _4W, APPEVI�Na AND ,,&k ter ton pick-up shall I line of (n) larger than a three-quaT front C-' rect than the ' - or other vehicles Subdivision nearer the sV ;)ul_poses of these PrOtOc For tile lot in �lcridian �bnOy 'No' 3 t right-of-waY- shall inciuLic but not be ling, or in the street reational vehicles the dwcl . tions and Covenalitst rec All mall' - shall be tive Rcstric motorcycles and race cars rs, snou7wbilw 9 r,;on,Lj autombilc boats, c-IR)c ' above vchicles or pel - irked Oil d on limited to: ance work Pcrfonmcshall be pz ter, a !MC - doors ClOSL�J. No vdlicic inside the garage %'!,I' the doo -four hours at t time cxcccjin(, twenty L1011C 11S of t on shall maintAill them the street for a period ridiall �tmor No. 3 Sulylivisi planted within All Grantees in Me lAnd5caping must be -hion. int.-lillud ,I tnilst lie ma a neat anki 0"Lleriv f"" property in is OCL11: from tile .114011illp I Lod I-epair and appIN111, tjjI'LV Mollth mlintaill flic dIlciling Li tY Othe" part %ij rxxiteO� land�caping or ,,Ice and Sh"11 not alloy tile of the property to leave a shoddy be to the NO I more than sj�qj Of MIN, WIA t si),.11 01 1,o residollti-11 bulldill�-' or rent Or `;ign"' Wj)ji.; vjr.W c,2j alo the for s;il feet ;jd%,crt1: structi011 �Ilul tjw propel*LY. dt" I'll' tile wale l,uiltlsr :o advVi'tis Art stl gal 41S Tn.'s th till th 0 One or j t ria and the sub Art stl gal 41S Tn.'s th till th 0 1 t 1p, liy�9lt btv liviikc,xcopting dot, nJ :s la i3€'e� Ei 6 2c ►a :tt :ally time is�n the real proprty of the, 5001ivisie�ta, ilt�t;� ani u�t:: aver ttd-1 eTnly as g)ct�t, anal lao InTaralin}g, Or norl rlcPiiat3 oPlteYpri cs w 9 c3bb 'at pealtitted thesus:h small animal ,txt:eed Eta ntaihe,a' elroae Id3tlrllly 3' - or t i act ohmeni . Cllait no iTtlildill', s1lail be cructcd, placed, of h'►cYSAI un vrty lot until t the construction plans and slzocific:ations and 7a pian showint: the ffieutati itl of the stilDCYura� have Ix approved by the Architecttaral Control (40dttee, the it�'eftor elcsigtvetl.�l, as to eiu.�lity or W- rlan�nshsp and n�$ePzals, haDlutD}y of 1LtiOn with 3'd5pt: t to external desl;-n with existing structures, and as to tt t zography rinct finish grade elevatioru. �o Conce or.t ll slklll eree:t(A, , plz-ic ad or altered on any lot nearer to any str-et than the minitratDn building setback lino ullicss sinreilarly� approved, as provided in parabrap,� 1V hercoC. n bsui ldi nv to all improvements, COnst is ��.$ion, and altGi'dEions upon j the ,lrclliteztural Control r:o-imittee sl'lall b,tav® the r right tatsrecnnstroct►on �. ;i altt'i)\'C at►\' ch:sltll, plan, floor area or Color for stiCh iJPtp a :polity or aitcraticns Which is not suitable ol• d sirabio in the opirtioia of a { <. or :aaie ;,iterations Conn s wi:t, for any reason, aesthetic or otheii ise, and in so Ir.l yint i. ., ulwal such leeis;n the Conn, ittce 511.•111 have the right to take I, antider We P l cri :ttIn II' the slll tai)i l itv of the proposed bui :ding or other structures, :incl 2115 i etu nlrll } ni t•:ali.11 ie i• tel he 'bili It and to.tht. exterior color scheme, to the I ..l�h is it proposed to ho erected, the harmony tilei°s.oC with the surPu;uadings .ij lfi•.i tl►r effect oC the buildLig or other structure or alterations therein as � pla,in:.•d on the outlook of the adjacent or neighboring ca property, and the effect ol imlTairnient that saidstructures will have on the ulcer on surrowlding building it:•,, alny and all factors which ill the opinion of a innjch pr of edc ud any s1kt11 affect $hd desirabilityon suitability of staprol)osstructure, with the ;clans � f' impro ment or alteration. Actual construction shall oryto the relrcipt of ;' { and 'as approved and shall clot comitance p for the t lic written approval or expiration of the time Ix clod Provided herein granting of such approval, by the Aechitectural Control Committee. • I .' 1t ! �^ sed of 11. Burton Smith, '.+;s0 (' ` rhe Architectural Control Committee is c:cinpo: li:ti,tcncl itrivc, Karl! L. lads, 52ob sorrcnto Circle; and Arthur C. Davis, I, ! ari tiara icrrllndo Drive, all of Boise, 1dai>,1. A maiority of the Coral►ittrc r• Ir � Jc s igt°ato a rrpPcsentat ive to act for i t. in the event of the death or l nation of any mrmlxr of the donetti$tee, the reraininc; racnbers sl�tll kivd cull •l tthority to designate a Sliccessor. Neither the Inorntxls of •the cgymni -ir . n. r ► ! a eT <cr\ 1, it, rt,i lu►trd Pepresentativc hall be ent.d to ane coareltsation ft „ei jun:lwl pue,itant to this Gollvc:n:ult. At any Limo, t}ic then record ovncr� + :a inlomloJority of the lots as shr)wD1 on tilt Plat of the sulnlit'ision shall }i:ll� tile' { 'j lt,ncrr tl►rolYgh a duly recorded written irLstttoncrat to change the ttisrnbcrship of i ,r to withur:na front the cot+ilnittce or r,.store to it ally o: its po►a�crs { lutirs. �O menil>er of this ccumnittee duly altl>cinYed or elected siD.all liability by reason of any :pct or omission in exercising the duties herein } establi�lltvE for such Cotmnittee. l z , 1llcat the irelli:,caural control t.utmnittecas apIll-OVal Or tli5apprOvai :1• rcgiui red in t}tcsc ,\'c n:►nts 511111 he in wD'i t i, r;. Iii the event v�il�lchDD,Ijc'c. i ur it: dcsi�;natctil relurscntati\e, G,ils to :ip-rovo or u:: apt' day alter plan< .ui,l shcCifications ha\•c trcril .uhrnittcd tel 6t, OP Bn any c \'e•tlt , if Plea Suit ellie►ill tile constnictUrl► l,as lit-Oilc;a Ulunl ncL>l prior to tile iati'Ditl,'41e111 the`r�•a,l, :lhJTra)\al will not hC requiro,l of sllih C(R :iittee and re l.tteJ evr.Fuilit:: >h.11l he Jconiictl tci blue lteen i'uily r�nal,litvl with. �' n 1• •3 4 .i lialt t}IL tta'Ii@r of F;l lel 1'Cal llrUht•rt\, horeinalol,c lil``ec rl}h,.�l, 1'e'�e'1'\'+•� ` + i tlD11u 1151 11; its wfitie6$+f9t'S 310ati�1)'W;, ,tl' It l' ;�tthlle: JC.ile:atl�°il,b�' CIV i i lei, its atDlCl'�tiUl'`:�1!L'-Alt 115;ht ,H'way `1Cre>sS ;U:d i i it it Aont;. t -f I vv.t ing watvr real, 'Of I ill,'t ful 014.1Lt l*IC dist r 0 lit it'll lila' , 11.1 1) ipe I - a- . .111d .�;twh :it ' 1'.•r I +, 0 t 1, 1 � � s. w, :i I lic !&'k C, vs p%rceis hence and de ;It 1, tile forth; this reiervati('11 I'vitil'. ilil• nlul t'' n...enty 11!w of arca for e3::1, V the �:Owlnvr lot alki .11'. ill it cont.inirAisIN h j) rity Or, of the lot excel Col. v-;lich ;' Public nI ant iaV 11eq .Q �,j,;Ljljcjj,,s, nc -�rn�;ture, t.tilitv eonliujw is responsiblo. Withill t• 0' to or or otip'0I* Iftatc,rial shall by I)IM;ed M- P r1littOt' lan inter(ore With the instrill and iatintorMilit;v Of littlitics or "."'c)l lu}' c) the t1irc-tioU of flow of venter tbroagh drainago citannel in the casCMCnt';- 11.1hL, pcytt�er Ciiilpany: 'a corporAIM, ow4emem is hurebv grantol to the its lievilsees, sla:eugsors ruin nssigns, a rjoriranont wid pe"PctlJ31 eat !lent "ll'f right-of—ay. sufficient it, width to install and maintain In MdOt,',lrotind lit,le, 11wludirig the porpottal rt gilt to enter upon the'rl°.lil estate hereinafter described, at all reat4orw-ble ti'1105'# to constructlmaintain anlij repair undergrolmd power lines; through, LuWer a;4 across �ajd,lftmls, togother with the right, at tho 5010 QXPCnSO oC rtrantoo, to excavato and tho artl refill ditci%es and trenches for the 100.%tiolj or ;,,ai4 �ow(,.,r litlo, Ocher further right to rai-Dvo trovs, bushes, sod, ,, rand o 0 obstruction,; and improv interforring with &.Q locatiun, construction and ruintenance of said powvr lines on and :.cross the following proaises, belonging to the said owner In Ada County, State of -Idaho. in the C011014inf! location, to -wit: IN 11-EkIDULN MANDR W. 5 SUBDIVI.SION, Ada CotML>'. I Idaho, a strip of land tca (10) feet wide, five (5) feet on each side of the houridary line of the - aclasal building sites, runnhig froot the street right -or -way or utility casements as shain on the plat to a point or points on said boundary line which are from tile el,=trical service entrance facilities oil the directly opposites the bounoary. line; buildings constrccted on the building sites` on each side of thence, strips of lard each ten,(10) ,,00t,wide, one on each huildiA61 site -n=ing directly frog said w the boundary line to the corre- , isit or points on facilities on t'he buildings sporulimly opposite electrical service entramo L constructed on said'building sites. The actual building site may be to lot as shown on NEWDIAN DAWOR W. 3 SMMSIM, plat or a cmbination of portiow of jots,intonded. -to comprise ai.bx4lding site. &TgUy wjllcensLst of buried power wiras, Tim electrical system rICA ot1w equipwat, part of which r=.# extend t_,WZCOTwrsA uwtion b=aS`aR4' , , and above vounda "Say to, to.,these p7llis"! he Shall j rojlrabowte W "i es :'o flu) ordinances &.J- aid d haviAg jurisdicti, regulations .'Oi. thz to dutalvinq Sr4 4.�,JUIQ 4;pn: such eai,3MUV;s OC ir'Kkation Utilities dismt1ta, tril1,�:jUjo sjjch whia VeSt -jw.right.tp uVent of 'E"A:� CC,„,a4, P,shaii oz tM cow'= -- Vacancy by wil"N'' division -atdwr of pit fill sildi - W60 ha Platted % 0 ..... . . . . . . -i�� AK l ii I h ' ww- 1 � 's1'SM 3 rpt a ay y t A p tywlwn•i.p-r� Y 7 v t 1T1i.1' aYlO�l3t + al. Yl° # 1.4%if + r . `IUmi1E' of r b kG?&13Ci,iJ€ i+N 1441 w 4:010c a tm YyroI� v +vof t tine yY �r�s1s+, ': r 1 tu�+i1l1Lww silt tx b rcx�f. '�`+l%;t C xtq �i :.Ll1i'�71i`Yds"i�Fb :$ ` t Vitt fu - s of the`PrOvis'ons p or t8: 6 tt, @U v�tYi S9t`r30n f'7 f;omll; M: F c.x CovonrkntS� sra� o1ox'_� F C6$ � a.s " iy E � s":itl c3 s E 14tI w �L: s;Yitl 5 $Vd ;nailR fl9It 6 ll hive ft3:Y ' � law� M1 against r' _ tiL�b&ag `� viol ' ly `O a 53W � � o t V4 o ehe3' to prevent his Or s hen til' a' ��ti''t��"a�i ntS • z ewe r �t�`6�. & 'apt g s9 by reason of uCit vioiat�ort. e �SJ p t v . tQn'9;�`" �i'"",t1'�to MA"i"}�4'i:A1ntiY'.. c, F 11� 5071' CY cairt iJ�L n lz WA CovQ3nAPitS � �t i4eaa r t v Prot" y j.6 ions, wills h Er w « T8 in affect or i� $O mD9V ®� ghf: o �v@I6iia s but _ saphs od' � Protective h�t�ct�ons a ;tri bor erms man f1a�i i0' eEoct. y y�y ya Fs"�"bag 1P-p�� lf[9trt'i a 1�` f;b wl�z_%-- t.�ip�`�:t` ti �1�' 693 " �� a?p��ca SiGsi .-§aha aie�1 of �u �"¢ § S ` Lo %;rrb cs5s:: $�S eb B dna Q +4 cid" D1 'tovso by, its &a ty,' 1. r � t ��t wigg s � I 3 3 a � •• ) 'I".h \ ay„�"\a dTn r, t'11 7 t a IVx' 41 wa9 R prLNS,V6mvq F2/9�., C`1�41 it' ` J h6 NkaATrai.*ii� ' 9 +xg� C� �(i F 4 ! (t S1� 14 N, U�Y$*{. $r K '� � '� s s � 'v' ern d ° dr a ��"'w"y S �' ". ��l -t• � � - ti r, � .' t3 va '�}in a ✓t p ; +,� 9 '"7a ` k �") A a mak° p; 4, �raay