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Home My WebLink AboutThe Willows SubdivisionwY5 tt DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF *1* THIS DECLARATION is made on the date hereinafter set forth by *2*, an Idaho *3*, hereafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the owner of certain real property in *4* County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: *1*, according to the official plat thereof, recorded in Book of Plats at pages and , as Instrument No. , recorded on the day of , 2001, records of *4* County, Idaho; and WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent Owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to the *1* Homeowners Association, Inc., a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon maintained by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of conveyance of the first Lot is described as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 04/20/01-15:51/jkr r y $ } DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF *1* THIS DECLARATION is made on the date hereinafter set forth by *2*, an Idaho *3*, hereafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the owner of certain real property in *4* County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: *1*, according to the official plat thereof, recorded in Book of Plats at pages and , as Instrument No. , recorded on the day of , 2001, records of *4* County, Idaho; and WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent Owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to the *1* Homeowners Association, Inc., a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon maintained by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of conveyance of the first Lot is described as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 04/20/01-15:51/jkr j r y $ } q T � j } n�w 3 y �3 gr iP i YM. � e.t wc�i Yin" J'Y follows: CI- follows: I 0 Lot , Block , *1*, according to the official plat thereof, recorded in Book of Plats at pages and , as Instrument No. , recorded on the day of , 2001, records of *4* County, Idaho. Section 4. "IRRIGATION WATER SUPPLY SYSTEM" shall man all real property and improvements thereon and all wells, pumps, pipes and any other conveyancing apparatus and all easement rights for the installation and maintenance of the system by which irrigation water is delivered to each Lot, owned by the Association for the purpose of providing an irrigation water supply to the Owners. Section 5. "LOT" or "LOTS" shall man and refer to any plot of land shown upon any recorded subdivision map of the Properties. Section 6. "OWNER" shall man and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "DECLARANT" shall mean and refer to *2*, an Idaho *3*, its successors, heirs and assigns, if such successors, heirs or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 8. "DECLARATION" shall man and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 9. "DWELLING UNIT" shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 10. "PLAT" shall man a final subdivision plat covering any real properly in *1*, as recorded in the office of the county recorder, *4* County, Idaho, as the same may be amended by duly recorded amendments thereto. Section 11. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 12. "MORTGAGEE" shall man any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any Mortgage, as Mortgage is defined in Section 11. Section 13. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 11, possessing alien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 11. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 04/20/01-15:51/jkr Section 14. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. ARTICLE II: PROPERTY RIGHTS Section 1. &jament of Common Area: Each owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to charge reasonable maintenance and other fees for the use and maintenance of any landscaping improvement or facility situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. C. The right of the Association to charge reasonable admission fees for the use of any recreational facilities situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short term use of such facility and who are willing to pay a special fee or assessment for such use. D. The right of the Association to promulgate reasonable rules and regulations governing such right of use, from time to time, in the interests of securing maximum safe use of any recreation facilities situated upon the common area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of the Properties, including without being limited to, rules restricting persons under or over designated ages from using certain portions of the Common Area during certain times and reasonable regulations and restrictions regarding vehicle parking. E. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3% of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. F. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated DELL ATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 i f. 04/20/01-15:51/jlw a fir `, #( , f� S � 4 3 4i ...': g t ae" d p&• fi. � .y o or otherwise encumbered without the written approval of all First Mortgagees and two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 r -.:.s .' ,4 �+e e1_rFN...'.kN.L a t.;�'+$t .•n , , F... ,n_e a . .. 04i20ro1-15:51/jlcr ARTICLE II: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Section 2. Voting Rights: The Association shall have two classes of voting membership: Class _A: Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Class A members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or B. On July 1, 2003. Section 3. Assessments: A. ['rection of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain alien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. B. P=se of Assessments: The assessments levied by the Association shall be used for the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 04/20/01-15:51/jkr purpose of promoting the recreation, health, safety and welfare of the residents in the Properties for the operation, maintenance, repair and improvement of the Common Areas and the facilities located thereon, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above, plus the percentage increase, if any, of the increase in annual costs for operation, maintenance and repair of the Irrigation Water Supply System over the annual costs for the system for the prior year. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D. Initiation Assessment: Upon the initial conveyance of each Lot, the purchaser thereof shall pay an initiation assessment in the amount of $ E. Special Assessments for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Greenbelt Area or for the Irrigation Water Supply System, including fixtures and personal property related thereto, Rrovithat any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. F. Notice and Quorum for Any Action Authorized Under Sections C and E: Written notice of any meeting called for the purpose of taking any action authorized under Section C or E, above, shall be sent to all members not less than thirty (30) days nor more than sixty DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 t.. 04/20/01-15:51/jkr r �z RY. � r P� purpose of promoting the recreation, health, safety and welfare of the residents in the Properties for the operation, maintenance, repair and improvement of the Common Areas and the facilities located thereon, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above, plus the percentage increase, if any, of the increase in annual costs for operation, maintenance and repair of the Irrigation Water Supply System over the annual costs for the system for the prior year. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D. Initiation Assessment: Upon the initial conveyance of each Lot, the purchaser thereof shall pay an initiation assessment in the amount of $ E. Special Assessments for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Greenbelt Area or for the Irrigation Water Supply System, including fixtures and personal property related thereto, Rrovithat any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. F. Notice and Quorum for Any Action Authorized Under Sections C and E: Written notice of any meeting called for the purpose of taking any action authorized under Section C or E, above, shall be sent to all members not less than thirty (30) days nor more than sixty DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 t.. 04/20/01-15:51/jkr r ,yy -f sx� 0 0 (60) days in advance of the meeting. At the first such meeting tailed, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. STniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots and may be collected on a monthly basis. H. Date of Commencement of Annual Assessments: Due Dates: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the initial conveyance of the said Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, fimush a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. I. Effect of Nonp�.vment of Assessments; Remedies of Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Greenbelt Area or Irrigation Water Supply System or abandonment of his Lot. J. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Pro KM: The following property, subject to this Declaration, shall be exempt from the assessments created herein: 1. All property expressly dedicated to and accepted by a local public authority; 2. All properties owned by the Declarant or an Association, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 04/20/01-15:51/jlw tv � am 3. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first; ARTICLE M. IRRIGATION WATER SUPPLY SYSTEM Section 1. Irrigation Water Supply: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Association. All Owners to which the system has been extended shall be required to pay the assessment therefore as provided for in Section 3, Article II, above, regardless of actual use or non-use of water from the irrigation system. Section 2. Operation of the Irrigation Water SMAY System: The Irrigation Water Supply System shall be operated in accordance with the laws of the State of Idaho and all rules and regulations as may be promulgated from time to time by the Association and any governmental entity having jurisdiction thereof. The right to receive water from the Irrigation Water Supply System is, in any event, subject to availability of water. The Association shall regulate the use of water to conserve its availability for Lots. The Association shall have no liability for any temporary interruptions in water supply service so long as necessary repairs are made in a reasonably prompt manner. The Association shall be permitted to enter into a contract with a qualified water system management and maintenance entity for the management and maintenance of the Irrigation Water Supply System. Section 3. Easement for Irrigation Water Supply System: The Declarant and the Association shall have a permanent easement for the construction, maintenance and repair of the Irrigation Water Supply System and related wells, pumps, pipes, and any other conveyancing apparatus in the Greenbelt Area as described herein, the Private Road Easements as depicted on the Plat, and in a fifty foot (501) by eighty foot (80') parcel located in the southeast corner of Lot 10, Block 2, as depicted on the Plat, together with the right of ingress to and egress from the easement premises over and across the privately owned property of Owners to perform maintenance upon the well, pump, pipes and other conveyancing apparatus comprising the Irrigation Water Supply System together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, over hanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. ARTICLE IV. DOMESTIC WATER Declarant a under no obligation to deliver domestic water or furnish rights of way in connection with the delivery of domestic water to any Lot in the subdivision. Each Owner is required to provide such domestic water by the drilling and installation of a domestic water well on the Lot owned. Each such domestic water well shall be located a minimum distance of one hundred feet from the private sewerage disposal facilities which is required to be installed on each Lot by the Owner and shall otherwise comply in all respects with the regulations and health standards of any governmental entity having jurisdiction thereof. ARTICLE V. GREENBELT AREA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 OU20/01-15:51yjkr �k v* � P a M 1 � F { �r ', s , rt h Each Lot fronting on the public right of way depicted on the Plat shall be subject to an easement for the benefit of the Declarant and the Association, in the location described in Article I, Section 3, above, for the purpose of installing, maintaining, replacing and restoring such landscaping and related improvements as may be deemed appropriate by the Declarant or Association which landscape improvements may include, but not be limited to, trees, shrubs, lawns, and fences. Any such landscaping and related improvements shall be owned by the Association. The Declarant reserves for the benefit of the Association the right to go upon the privately owned property of the Owners to perform such maintenance upon the easement premises as may be necessary from time to time, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the easement. Declarant further reserves the right, for the benefit of the Association, to install and maintain in the Greenbelt Area such portions of the Irrigation Water Supply System as the Declarant may deem appropriate. In such a case, the provisions of the above Article III shall be fully applicable. Except as is provided in Article IX, paragraph K and Article X, Section 6, below, no Owner shall place, install, or erect or permit to be placed, installed or erected any improvement in the Greenbelt Area except as may be specifically approved in writing by the Declarant or the board of directors of the Association. ARTICLE VI. EASEMENTS Section 1. Future Easements: The Association shall have the right to grant such easements across, upon and under the surface of the Common Area as may be reasonably necessary to serve the interests and convenience of the Owners for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of adjacent Dwelling Units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. Easement for Maintenance: The Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the Properties, the Greenbelt Area and the Irrigation Water Supply System, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or DECLARATION OF COVENANTS, CONDITIONS AND PMTRICTIONS, Page 9 04120101-15:511jkr pill. yy� 1 »S av^ t d 4„ . S. enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VII: PRIVATE ROAD EASEMENTS Lots 12, 13 and 14, Block 1, Lots 6, 7 and 8, Block 2, and Lots 9, 12 and 13, Block 2, as depicted on the Plat are subject to cross easements at the locations shown on the Plat providing perpetual and indefeasible access rights for ingress and egress to the Lots encumbered by the easements. It is the intent of the Declarant that the easements so created shall run with the land and not be sold or conveyed separately from the Lots taking access over them. No Owner or any person shall place or permit to be placed across the easement premises any obstruction or in any manner otherwise interfere with the use of the easement premises by the Owners of the said Lots without the mutual consent of all such Owners. Declarant has constructed or shall cause to be constructed across the easement premises a paved private drive for the benefit of the Owners of the said Lots. All Owners of the said Lots shall share equally the costs and expenses of maintaining the above-described easements and driveways in good repair, including but not limited to resurfacing from time to time as may be necessary or desirable. ARTICLE VIII; MAiNTNANCE RESPONSIBILITY [SEE STEINER #6 FOR ADD'LT LANGUAGE] The Association shall provide maintenance to and be responsible for the Greenbelt Area and improvements thereon, the Irrigation Water Supply System, and all drainage facilities. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Dwelling Unit and any private decks, fences, courtyards, landscaping and lawn contiguous to his Dwelling Unit, except the fence which may be constructed in the Greenbelt Area, the maintenance of which shall be performed by the Association. Each Owner shall further be responsible to cut or otherwise control the weeds and other noxious plants on his Lot so as to avoid any unsightly condition or hazard or nuisance to the neighborhood. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within ninety (90) days of the damage or destruction. ARTICLE IX: EROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lot Use: All Lots shall be used for single family residential purposes and such uses as are customarily incidental thereto. No Lot shall be used at any time for commercial or business purposes except for agricultural activities and for such commercial or business purposes as shall be conducted and maintained solely within a residential Dwelling Unit; provided that no signs relating to said commercial or business activities shall be displayed where visible from any public or private road within the subdivision; and further DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 04/20/01-15:51/jkr 0 0 provided that such commercial or business purposes shall not generate more than an average of three customer visits per day calculated over a five day work week; and further provided that such commercial or business purposes shall not cause or result in the parking of vehicles on any public or private road within the subdivision; and further provided that such business does not employ more than one person not living within the Dwelling Unit constructed on the said Lot. Notwithstanding the foregoing, the Declarant, or persons authorized by the Declarant, may use a Lot or Lots for development and sales activities relating to the subdivision, including but not limited to use of Lots for model homes or a real estate marketing and sales office. B. Animals: Any Owner may keep and maintain a maximum total number of animals of any kind or species equal to the number of acres contained within his Lot, rounded down to a whole number. Any animals not on an Owner's Lot must be accompanied by the Owner or other responsible person and must be on a leash or other appropriate tether, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. Each Owner shall be further responsible for any damage caused by any such Owner's animals. No animals whose habits or odors are deemed by the Architectural Control Committee to be a nuisance or offensive shall be permitted to be kept or maintained on any Lot. No kennel or other area intended to restrain or enclose animals shall be constructed without the approval of the Architectural Control Committee and, if approved, shall not be located on the Lot in such a fashion as to create a nuisance for any adjacent Lot Owner and shall at all times be kept in a clean and odor free condition. C. rat= and Refuse Disposal: No part of said property shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural. Control Committee and shall be kept in a clean and sanitary condition. D. Nuisance: No noxious, offensive or unsightly conditions (including but not necessarily limited to sights and sounds) shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed energy production devices, antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee, which approval may be withheld in its sole discretion. All exterior lighting shall be placed in such a manner to minimus glare and excessive light spillage onto neighboring Lots. E. Outbuilding,: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said F. Storage of Nehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or farm or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 04/20/01-15:51/r { �a IR 4 m, affil„: k 1 64 a s 4 ok As1' 3- S. 3 U �r � s 2 f L s Win L} k y, Y#L kS, d � x✓-� i ,q-� ail 0 0 provided that such commercial or business purposes shall not generate more than an average of three customer visits per day calculated over a five day work week; and further provided that such commercial or business purposes shall not cause or result in the parking of vehicles on any public or private road within the subdivision; and further provided that such business does not employ more than one person not living within the Dwelling Unit constructed on the said Lot. Notwithstanding the foregoing, the Declarant, or persons authorized by the Declarant, may use a Lot or Lots for development and sales activities relating to the subdivision, including but not limited to use of Lots for model homes or a real estate marketing and sales office. B. Animals: Any Owner may keep and maintain a maximum total number of animals of any kind or species equal to the number of acres contained within his Lot, rounded down to a whole number. Any animals not on an Owner's Lot must be accompanied by the Owner or other responsible person and must be on a leash or other appropriate tether, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. Each Owner shall be further responsible for any damage caused by any such Owner's animals. No animals whose habits or odors are deemed by the Architectural Control Committee to be a nuisance or offensive shall be permitted to be kept or maintained on any Lot. No kennel or other area intended to restrain or enclose animals shall be constructed without the approval of the Architectural Control Committee and, if approved, shall not be located on the Lot in such a fashion as to create a nuisance for any adjacent Lot Owner and shall at all times be kept in a clean and odor free condition. C. rat= and Refuse Disposal: No part of said property shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural. Control Committee and shall be kept in a clean and sanitary condition. D. Nuisance: No noxious, offensive or unsightly conditions (including but not necessarily limited to sights and sounds) shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed energy production devices, antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee, which approval may be withheld in its sole discretion. All exterior lighting shall be placed in such a manner to minimus glare and excessive light spillage onto neighboring Lots. E. Outbuilding,: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said F. Storage of Nehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or farm or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 04/20/01-15:51/r { �a IR 4 m, 1 s 4 As1' 3- S. 3 U �r � s 2 f L garden equipment, or junk cars or other unsightly vehicles, shall not be allowed on any Lot nor on public or private ways adjacent thereto, except in an enclosed structure or completely screened from all view from outside the Lot. All other parking of equipment shall be prohibited, except as approved in writing by the Board of Directions of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, any applicable Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit or any portion of a Lot ('including a month-to-month rental agreement); and all such leases shall be in writing. Leases of all or part of a Lot for agricultural purposes may be permitted so long as the agricultural use undertaken on that Lot does not conflict or interfere with the residential character of the subdivision. Other than the foregoing, there is no restriction on the right of any Owner to lase his Dwelling Unit. H. Sewer Restrictions: Until public sewer facilities are available to the subdivision, all sewage disposal for each Lot shall be in a private septic tank system which shall be designed, constructed and installed on each Lot in accordance with the requirements of the governmental entities having jurisdiction thereof. The Declarant shall have no obligation for the construction or approval of any sewage disposal system or the connection thereof. Drainage from a septic tank located on a Lot shall be kept within the boundaries of the Lot on which it is located. All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or other suitable appurtenant building. 1. Land ping: Within ninety days after occupancy of the Dwelling Unit located thereon, that portion of each Lot adjacent to the Dwelling Unit and visible from the public right of way in the subdivision shall be landscaped with fully automatic underground sprinklers, five (5) trees at last one and one-half inches in diameter measured twenty four inches above the ground plane, and twenty five (25), five (5) gallon shrubs or bushes, all as approved by the Architectural Control Committee. A landscape plan shall be submitted to and approved by the Architectural Control Committee, as provided in Article M, prior to commencement of any landscaping work. Any plantings that do not survive transplantmg or that do not present a healthy appearance shall be promptly replaced. J. Fences: No fence of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof have been approved in writing by the Architectural Control Committee prior to construction or installation. No fence or hedge located on a Lot shall have a height grater than six feet above the surface of the ground upon which it is located. The construction or maintenance of spite fences or spite trees or shrubs shall be prohibited upon all Lots. All fences shall be constructed in a substantial manner and shall be maintained at all times in good repair. All fences constructed within one hundred feet of the public right of way on a Lot shall be identical in appearance to that fence constructed by the Declarant along DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 04/20/01-15:51/* rMEMO= �'+ F s Y { t x 1 M 0 the public roadway. Except for the fence to be constructed by Declarant and such fences as may be constructed along the side boundary of each Lot, no fence shall be permitted within thirty feet of the public right of way. It is the intent of the Declarant that the Architectural Control Committee shall have the authority to regulate all fences within the subdivision to the end that the location, type and size of each fence and the materials used therein shall, to the extent reasonably possible, present a reasonably coordinated appearance and be appropriate in a rural atmosphere. In no event, however, shall a barbed wire fence be permitted or constructed within the subdivision. Nothing herein contained shall be construed to require the construction of any fences, nor shall any Lot owner have the right of contribution from any other Lot owner for the construction of a fence along a common boundary line. K. , Each Owner shall be permitted to construct one gate in the fence to be constructed by Declarant along the public right of way, which said gate shall be used for the purpose of ingress and egress to and from the said Lot. No such gate shall be constructed unless the plans and specifications therefore, including the location, design, material and color thereof have been approved in writing by the Architectural Control Committee prior to construction or installation. L. Drilling and Exploration: No oil or mining exploration or development of any kind or nature nor any structures in connection therewith shall be permitted to be erected, maintained or used on any Lot and no minerals shall be permitted to be extracted on any Lot. Nothing herein contained shall be construed to prohibit the drilling and use of a water well on a Lot. M. !=: : No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a Dwelling Unit and Lot for sale by displaying a single, neat and reasonably sized sign on a Lot. Other temporary signs advertising the name of the builder or the name of the institution providing financing may be displayed on a Lot during construction of improvements. One entry sign may be placed on each Lot naming the property or the owner thereof, provided the plans and specifications therefore, including the location, design, material and color thereof have been approved in writing by the Architectural Control Committee prior to installation. N. Subdividing: No Lot may be further subdivided, nor may any easement or other interests therein less than the whole be conveyed by the Owner thereof, provided, however, that nothing herein shall be deemed to prohibit an Owner from transferring and selling a Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety, or as community property. O. Discharge of Firearms: The discharge of firearms within the subdivision for recreational purposes is prohibited. P. Riding Arenas: No arena or other similar area designed for the riding of animals shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, materid and color thereof, have been approved in writing by the Architectural Control Committee prior to construction or installation. No such riding arena shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 04/20/01-15:51/jkr lk L r 4 91Ta k L .� E f 77 i a:•K w, Oxy tea' A x M i '� f f� [ 3 t s 5 -ref'° M`4 t,r P'. g:szcy 11 • permitted unless the ground surface thereof is completely covered m grass, is irrigated and is completely surrounded by a screen of natural evergreen vegetation at least eight feet high. In no event shall any such riding arena be lighted. Q. Perking Rights: Any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. R. Mail and Newspaper Boxes: No mail or newspaper boxes shall be placed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the Architectural Control Committee prior to installation, it ging the intent of the Declarant that all mail and newspaper boxes shall be of consistent design, material and coloration and shall be located adjacent to the access point for each Lot. ARTICLE X. BUII,DING RESTRICTIONS Section 1. Minimum Area/Cost: No building intended for use m a single family residence shall be erected, altered, placed or permitted to remain on any Lot which building has an initial cost to construct the same (including the cost of the domestic water well and septic system) of less than $100,000.00 based on 1992 construction costs, adjusted for subsequent years in accordance with reasonable increases in construction costs for residential Dwelling Units and which contains less than 2,000 square feet of living area; provided, however, that if the building intended for use as a single family residence contains more than one story, the minimum square footage of living area shall be 2,500 square feet. The square footage of living area, shall be based on the interior living space at or above the grade of the Lot, exclusive of basement, porches, patios and garages. No building or other structure shall be allowed within the subdivision which has more than two stories, unless the same is approved in writing by the Architectural Control Committee. In no event shall a manufactured or relocated home be erected, placed or permitted to remain on any Lot. Section 2. Setback: Subject to the right of the Architectural Control Committee to approve the site plan for any building to be constructed upon a Lot, (a) any building intended for use as a single family residence shall be set back at least thirty feet from the public right of way and twenty five feet from any other property line; and (b) any barn, shed or other building for the housing or care of animals shall be set back at least ninety feet from the public right of way and twenty five feet from any other Lot line. Notwithstanding the provisions herein regarding setbacks, if the applicable ordinances of the governmental entities having jurisdiction over the subdivision require setbacks different than those provided herein, the more restrictive shall control. Section 3. Obligation to Complete Construction: Following the date of commencement of construction, the Owner shall be obligated to diligently and continuously proceed therewith to completion of the entire exterior of the dwelling within nine months, except for incidental items which cannot be completed because of adverse weather, provided that such items shall be completed promptly when weather permits. Prior to the date of commencement of construction, the Owner shall maintain such Owner's Lot free of accumulation of trash or debris and vegetation that may create a fire hazard or which is unsightly. Section 4. Construction Requirements: Each Dwelling Unit may have wood siding DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 04/20/01-15:51ijkr aX 3Y '} � 3> { '. A', a' ;6,3 (redwood, cedar or spruce which may be stained or painted) or a combination of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite true lap siding with ten inch or less lap. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on the front elevation. All roofs shall be comprised of wood shake shingles, architectural asphalt shingles, metal (as may be approved by the Architectural Control Committee) or the with a minimum 6/12 pitch. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entryway(s). Section 5. Utilities: The connection to all utility facilities shall be under ground and shall be inspected and approved by the appropriate governmental entity having jurisdiction thereof and the company providing the utility service, if required. Utility meters shall be placed in an unobtrusive location where possible. Each Owner shall be responsible to pay for any extension of electrical service or facilities for the placement of a meter or a transformer beyond that provided for such Lot, and any credits or monies received by such Owner by Idaho Power Company offsetting any costs of such extension which would otherwise have been rebated directly by Idaho Power Company to the Declarant shall be promptly paid by such Owner to the Declarant. Section 6. Driveway and Driveway Culvert: Each Owner shall install a hard surface (e.g. asphalt, concrete, or compacted 3/4 inch minus gravel six inches thick and finished with a dust f public right of wa to the Dwelling Unit or abatement surface) driveway from the edge o the py g garage on the Lot in a location approved by the Architectural. Control Committee, and shall, if required by the Architectural Control Committee, install and maintain in the borrow ditch adjacent to the public right of way a culvert having a minimum diameter of twelve inches. No driveway or parking area shall be permitted which creates a dust nuisance. Section 7. Maintenance During Construction: The follow-ing requirements shall apply during the construction of improve-ments on a Lot: A. All debris shall be removed from the Lot prior to each weekend; B. No materials shall be placed or kept on any adjoining Lots; C. Vehicles belonging to workmen or used in the construction of the improvements shall not be parked in front of occupied Dwelling Units or interfere with traffic on public streets or private streets; D. Utilities, including water, shall not be taken from any other Lot without the approval of the Owner thereof; E. A receptacle for trash and debris shall be located on the subject Lot and shall not be over filled; F. Each Owner shall be responsible to repair any damage which may occur during the DECLARATION OF COVENANTS, COMMONS AND RESTRICTIONS, Page 15 04/20/01-15:51ijkr rk c2 ��tt �nC - n` � n, 3- t�t� , s ��w 0 e construction period to any road, mailbox, utility facility or other onsite or offsite improvement caused by the Owner or Owner's agents. ARTICLE M. ARCEaTECTLJRAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three or more members to be appointed by the Board of Directors of the Association. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. A_V_ As ReQuired: No building, fence, wall, patio cover, window awning or _Woother structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing in such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section 3. Submissions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural. CCMWd Oommium indudk4i Widmt llmltfitian, ON awints A. Site P . A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related to the improvements. B. Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east, and west sides, detailed exterior specifications for each building which shall indicate, by sample, if required by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 h 04/20/01-15:51/lw a$. Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbuildings to be located on a Lot shall be architecturally and visually compatible and harmonious with the principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on the Lot. C. Landscape Plan. A landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fences, free standing exterior lights, driveways, parking areas and walk ways. Section 4. Rules and R tions: The Architectural Control Committee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted Hiles, a fee schedule for an architectural review fee to be paid by each Owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. Section 6. Waivers: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. 'lit : Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural. Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 8. Califimtion bye The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 04/20/01-16:00/jkr ;G;�; Ute',. •." .. any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Association shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 9. Construction and Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all Dwelling Units; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. ARTICLE XI: INSURANCE AND BOND Section 1. Rquired Insurance: The Association shall obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. A. A multi -peril -type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). B. A comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 r,. f 'J d � F 'R ,...3 Y 04/20/01-16:00/jkr L'i h PJ S P av�n �. y'� W". 4. k �l a - . F� dab `,`+, .i ?� S '- { 1 ✓F' `. N fl la�i t � d r,. f 'J d � F 'R ,...3 Y 04/20/01-16:00/jkr L'i h PJ S P av�n W". 4. k �l N fl la�i ARTICLE XIII: CONDEMNATION Section 1. Conseauences of Condemnation: If at any time or times, all or any part of the Association owned property shall. be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 '.»..�u; r t�;x is ae R�8� r x 7 n ` s X34 rt$ r r s s 1X Y Y k F 'Al t '3g € 5 , Y? ..,,.t>. e,.,_,4,11A Axrall�'._ 04/20/01-16:00/j7cr F ,roRJ W f � F �rr}-p �d 4"A'TIM r d'xrt' { C. Workmen's compensation and employer's liability insurance and all other similar r % x insurance with respect to employees of the Association in the amounts and in the forms v now or hereafter required by law. `4?'v x Section 2. Qptional Insurance: The Association may obtain and keep in full force and effect moi# all times the following insurance coverage provided by companies duly authorized to do business ��.. at in Idaho. A. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the Premises. B. The Association may obtain bonds and insurance against such other risks, of a similar or dis nature, as it shall deem appropriate with respect to the protection of the isimilares including an property of the Association located thereon, its properti , g y Personal t directors, officers, agents, employees and association funds. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: L4 A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. B. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its servants, agents , that it cannot officers, the Owners and their respectiveents and guests. due to the conduct of any agent, offi be canceled, suspended or invalidatedcer or s" employee of the Association without a prior written demand that the defect be f* cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial rating by Best's Insurance Reports of Class VI or better. 'insurance D. Notwithstanding anything herein contained to the contrary, coverage must k t R be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. ARTICLE XIII: CONDEMNATION Section 1. Conseauences of Condemnation: If at any time or times, all or any part of the Association owned property shall. be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 '.»..�u; r t�;x is ae R�8� r x 7 n ` s X34 rt$ r r s s 1X Y Y k F 'Al t '3g € 5 , Y? ..,,.t>. e,.,_,4,11A Axrall�'._ 04/20/01-16:00/j7cr F ,roRJ W f � F �rr}-p �d 4"A'TIM r d'xrt' { a � 1 x N `4?'v x moi# ARTICLE XIII: CONDEMNATION Section 1. Conseauences of Condemnation: If at any time or times, all or any part of the Association owned property shall. be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 '.»..�u; r t�;x is ae R�8� r x 7 n ` s X34 rt$ r r s s 1X Y Y k F 'Al t '3g € 5 , Y? ..,,.t>. e,.,_,4,11A Axrall�'._ 04/20/01-16:00/j7cr F ,roRJ W f � F �rr}-p �d 4"A'TIM r { a � 1 x N which is hereinafter called the "condemnation award," shall be payable to the Association. Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned property equally on a per -lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each Lot. Each such account shall remain in the name of the Association and shall be further identified by Lot number and the name of the Owner thereof. From each separate account, the Association, as attorney -m - fact, shall use and disburse the total amount of such accounts, without contribution from account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE XIV: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of an Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. B. The holders of first Mortgages shan have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. Any management agreement for the properties or Irrigation Water Supply System, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the contracting Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agreement shall not exceed one (1) year. D. Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. Unless all institutional holders of first Mortgages have given their prior written approval, no Association shall: 1. By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Irrigation Water Supply System owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such common area property shall not be deemed a transfer within the meaning of this clause.) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 20 04/20/01-16:00/jkr g 'r rvro?y",M,q kf'� h fi-'3�ai Y4T•'x a 04/20/01-16:00/jkr g 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Greenbelt Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Greenbelt Area property on a Curren replacement cost basis in an amount not less than one hundred percent t (100%) of the insurable value (based on current replacement cost). 5. Use hazard insurance proceeds for losses to any Greenbelt Area property for other than the repair, replacement or reconstruction of such Greenbelt Area property. 6. Amend materially this Declaration, the Associa-tion's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self-management of the properties. ARTICLE XV: GME AL PROVISIONS Section 1. Enforcement: The Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by an Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3 %) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to an Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of DECLARATION OF COVENANTS, CONDMONS AND RESTRICTIONS, Page 21 04a0/01-16:00/* Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. IN WITNESS WHEREOF, the Declarant has caused its corporate name to be hereunto subscribed and its corporate seal affixed this _ day of $2001. DECLARANT: Willowbrook Development, Inc. LM STATE OF IDAHO ) ss. County of Ada ) President On this day of , 2001, before me, the undersigned Notary Public in and for said State, personally appeared ,known or identified to me to be the President of Willowbrook Development, Inc., the corporation that executed the within instrument, or the person who executed the instrument in behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC, State of Idaho Residing at Boise, Idaho My Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 22 n <1 04/20/01-16:00/,aca #b 04/20/01-16:00/,aca VON � n i 4 v ;a k7yd 839A 21, F4Y ls4 Alan GoIlZaI62 107,E�3 Hinsdali:, I.Jaho3370,4 jtjt rn,3ineers 3utIrlitte the revised draina and .jays for The VillOWS SVbJ1ViSiO'-n the T -,,a 19611 Wle, have "rev iOwc d thre ravis�d. 4rainage and irri5ation Plans a',114 fi`ld the'r-, acceptable to ti -)e District. Yoga truly, Richard W. -Haumang c`,istrict 'Mumager Fo�ritd"ian irrigation Dittrict cc Ea,cli Director Sec of toard .11-1',T Frjinenrs JOB En2i"c'-'rS C .1111.0. r,,lannir,,q and Zoning P Tes Em q1, k7yd 839A 21, F4Y ls4 Alan GoIlZaI62 107,E�3 Hinsdali:, I.Jaho3370,4 jtjt rn,3ineers 3utIrlitte the revised draina and .jays for The VillOWS SVbJ1ViSiO'-n the T -,,a 19611 Wle, have "rev iOwc d thre ravis�d. 4rainage and irri5ation Plans a',114 fi`ld the'r-, acceptable to ti -)e District. Yoga truly, Richard W. -Haumang c`,istrict 'Mumager Fo�ritd"ian irrigation Dittrict cc Ea,cli Director Sec of toard .11-1',T Frjinenrs JOB En2i"c'-'rS C .1111.0. r,,lannir,,q and Zoning P Tes Em 11M May 29, 1984 Mr. John Bastida Ada County Recorder 650 Main Street noise, Idaho 83702 Re: The Willows Dear Mr. Bastida: Valley Boise Ada Llmore Central District Health Department, Environmental Health Division, has reviewed and can approve Lhe final plat- on this subdivision for cenLrnl water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, Nancy Goo 1, E.H.S. Sr. Envir mental Health Specialist cc: U.S. Department of HUD Meridian City hall. Earl Ward J -U -B Engineers - Wayne Gibbs Tom Turco, Director of. Environmental 11calt.h hmo . u�, ..�, �i� r„_a �• ,� .. t.�,'�.�.��a+`x :�,�..,��a_., r < '.,.. ., a. �. .tea.. .'. ,a -e' -t ENVIRONMENTAL HEALTH DIVISION Ado County Boise County Elmore County Valley County 1455 N. Orchard 1455 N. Orchard Court House Annex P.O. Box 1448 Serving; the , Boise, ID 83706 Boise, ID 83706 190 S. 4th East McCall, ID 83638 counties ��• 375-5211 375-5211 Mountain Home, ID 83647 634-7194 587-9225 May 29, 1984 Mr. John Bastida Ada County Recorder 650 Main Street noise, Idaho 83702 Re: The Willows Dear Mr. Bastida: Valley Boise Ada Llmore Central District Health Department, Environmental Health Division, has reviewed and can approve Lhe final plat- on this subdivision for cenLrnl water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, Nancy Goo 1, E.H.S. Sr. Envir mental Health Specialist cc: U.S. Department of HUD Meridian City hall. Earl Ward J -U -B Engineers - Wayne Gibbs Tom Turco, Director of. Environmental 11calt.h hmo . u�, ..�, �i� r„_a �• ,� .. t.�,'�.�.��a+`x :�,�..,��a_., r < '.,.. ., a. �. .tea.. .'. ,a -e' -t p 4 °l 4 ! d' a , z s, y.r tN S Y kY "� Mr. Dean W. Briggs, P.E. J -U -B ENGINEERS, Inc 250 South Beechwood Avenue Boise, Idaho 83709 Dear Dean: Re: The Willows Subdivision Sanitary Sewer/Domestic Water Development Plans COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER 808 SPENCER Chairman Zoning & Planning We have reviewed your resubmittal of subject plans and find they contain our suggested revisions. Two minor items that need adjustment are: (1) Remove the word "Temp." from the blowoff assembly call -out in the hammerhead; and (2) Note that the "relocated blowoff" in East Willowbrook is "installed in pavement" (approximately 23' from west subdivision boundary). In accordance with City of Meridian standards, please provide three (3) copies of "Record Drawings" within 30 days after completion of the subdivision improvements. The record drawings shall show locations of sewer and water improvements in accordance with dimensioning or stationing shown on the design plans. Please have the .Contractor provide the required notice to the City Water and Wastewater Superintendents before commencing construction. GDS:mz CC: Mayor -Council Bruce Stuart Earl Ward Sincerely, CITY/OF MERIDIAN Gary D. SI ith, P.E. City Engineer O HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN A. M. KI EBERT, Treasurer RICHARD D. NICHOLS, Chlef of Police 728 Meridian Street BRUCE D. STUART, Water Works, Supt. WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water Supt. w 83842 KENNY BOWERS, Fire Chief Phone 888-4433 GRANT P. KINGSFORD May 21, 1984 A Mayor Mr. Dean W. Briggs, P.E. J -U -B ENGINEERS, Inc 250 South Beechwood Avenue Boise, Idaho 83709 Dear Dean: Re: The Willows Subdivision Sanitary Sewer/Domestic Water Development Plans COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER 808 SPENCER Chairman Zoning & Planning We have reviewed your resubmittal of subject plans and find they contain our suggested revisions. Two minor items that need adjustment are: (1) Remove the word "Temp." from the blowoff assembly call -out in the hammerhead; and (2) Note that the "relocated blowoff" in East Willowbrook is "installed in pavement" (approximately 23' from west subdivision boundary). In accordance with City of Meridian standards, please provide three (3) copies of "Record Drawings" within 30 days after completion of the subdivision improvements. The record drawings shall show locations of sewer and water improvements in accordance with dimensioning or stationing shown on the design plans. Please have the .Contractor provide the required notice to the City Water and Wastewater Superintendents before commencing construction. GDS:mz CC: Mayor -Council Bruce Stuart Earl Ward Sincerely, CITY/OF MERIDIAN Gary D. SI ith, P.E. City Engineer gfl�r�: kms' � +a. '� •, d`� G .{c� t¢ t Y w A JIT s w (ITEM#2)-UNITED CABLE T.V. RATE INCREASE. Councilman Myers asked the council why there was such a sudden increase in price. Mayor Kingsford explained the joint use of utilities, universal, and that Northern Idaho wants to increase the rate not just to gain back the money loss but so there will not be a loss of sub- scribers. _ The motion was made by Myers and seconded by Tolsma to approve of the rate increase requested by United Cable T.V. Motion Carried- All, yea. (ITEMJf3)-APPROVAL OF COVENANTS OF THE WILLOWS SUBDIVISION. / Councilman Tolsma asked if the new covenants were going to be changed. Councilman Geisler stated that the plans were drawn up very well. = Councilman Tolsma asked for an explanation of the article in paragraph 11 about no r.v. or boats, on the lot, and that they must be parked somewhere else. It was stated that there had been some problem with the Police Department in that people would live in an R.V. or driveway for months and that there were complaints from the neighbors. Motion made by Geisler and seconded by Myers to approve the cov- enants of the Willows Subdivision with the recommendations made by the City Attorney. Motion Carried- All, yea. (ITEMW4)-APPROVAL_0-" COVENANTS ON BY THE LAKE AT CHERRY LANE SUB. It was stated t: -a: Page 7-3.07, (FENCES) a grape stake fence. None of the fEncE_ at the golf course are Grape stake fences, (6ft. high), as compared to the original covinances. Keith Jacobs, s--a--ed that the covenants were the same as the ones from Cherry --ane Village. Councilman Brewer said it would be advisable to table until City Attorney could compare the Covenants. Mr. Kent Barney asked that they be approved as if tabled it would delay the project. There was some discussion and Mr. Jacobs produced a recorded copy of the covenants for Cherry Lane Village. The motion was made by Myers and seconded by Tolsma to approve the covenants of By The Lake at Cherry Lane if after comparison by the Mayor and City Attorney with the covinants of Cherry Lane a �4.y1 hxaf3 �k gt! Y. 2 ft'55T'�.� f� �4�d 1. Nampa -Meridian Irrigation: The Jackson Stub Drain crosses this property They must not build on the right -way which is 50 Foot. 2. Wastewater Dept: No Comments. 3. Police: Question whether there is sufficient room for safe manuvering of emergency vehicles at the dead end areas of North Lark Place. 4. Councilman Brewer: If City Departments can live with T Street Design No objections. Mr. David L. Curtis, P.E. J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Curtis: Re: The Willows Subdivision Preliminary/Final Plat Your submittal for the subject project has been reviewed for compliance with the appropriate sections of the City Ordinances. My comments to your submittal are as follows: 1. Since this is a preliminary/ final plat submittal, please submit a preliminary plat showing topographic data such as the large drainage ditch on the west side. Show the location of the drainage ditch in the easement shown and the location of the sewer interceptor in the sewer easement shown. 2, Unless a variance is requested and approved by the Council for a SO - foot -wide right-of-way in lieu of the Ordinance -required 60 -foot width, your note No. 1 must include language to the extent the 5 - foot -wide front lot easement is for public right-of-way. 3. Submit detailed development drawings for streets and drainage, sanitary sewer, and domestic water and irrigation routing, if any. 4. Submit evidence from the Jackson Drain maintaining agency documenting right-of-way width shown. S. Review Subdivision Ordinance 9-607(5), "Tiling or Fencing of Irriga- tion Ditches, Laterals or Canals". 6. In accordance with the City Subdivision Ordinance, Section 9-609, please provide the City Clerk with a tracing copy of the recorded final plat, front and back sides. 7. Designated percentage requirements for square footage of dwellings meets the requirements of City Ordinance #383. e e yA HUB OF TREASURE VALLEY ). A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk iy (` OF MERIDIAN COUNCILMEN BILL BREWER A. M. KIESERT, Treasurer f RONALD R. TOLSMA RICHARD D. NICHOLS, Chief of Police Mr. David L. Curtis, P.E. J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Curtis: Re: The Willows Subdivision Preliminary/Final Plat Your submittal for the subject project has been reviewed for compliance with the appropriate sections of the City Ordinances. My comments to your submittal are as follows: 1. Since this is a preliminary/ final plat submittal, please submit a preliminary plat showing topographic data such as the large drainage ditch on the west side. Show the location of the drainage ditch in the easement shown and the location of the sewer interceptor in the sewer easement shown. 2, Unless a variance is requested and approved by the Council for a SO - foot -wide right-of-way in lieu of the Ordinance -required 60 -foot width, your note No. 1 must include language to the extent the 5 - foot -wide front lot easement is for public right-of-way. 3. Submit detailed development drawings for streets and drainage, sanitary sewer, and domestic water and irrigation routing, if any. 4. Submit evidence from the Jackson Drain maintaining agency documenting right-of-way width shown. S. Review Subdivision Ordinance 9-607(5), "Tiling or Fencing of Irriga- tion Ditches, Laterals or Canals". 6. In accordance with the City Subdivision Ordinance, Section 9-609, please provide the City Clerk with a tracing copy of the recorded final plat, front and back sides. 7. Designated percentage requirements for square footage of dwellings meets the requirements of City Ordinance #383. e e HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN COUNCILMEN BILL BREWER A. M. KIESERT, Treasurer f RONALD R. TOLSMA RICHARD D. NICHOLS, Chief of Police G.x . 728 Meridian Street J. E. BERT MYERS BRUCE D. STUART, Water Works, Supt. ROBERT GIESLER WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water Supt. KSS. 83642 BOB SPENCER KENNY BOWERS, Fire Chief Phone 888403 Chairman Zoning & Planning kY. ; GRANT P. KINGSFORD April 9, 1984 Jq Mayor Mr. David L. Curtis, P.E. J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Curtis: Re: The Willows Subdivision Preliminary/Final Plat Your submittal for the subject project has been reviewed for compliance with the appropriate sections of the City Ordinances. My comments to your submittal are as follows: 1. Since this is a preliminary/ final plat submittal, please submit a preliminary plat showing topographic data such as the large drainage ditch on the west side. Show the location of the drainage ditch in the easement shown and the location of the sewer interceptor in the sewer easement shown. 2, Unless a variance is requested and approved by the Council for a SO - foot -wide right-of-way in lieu of the Ordinance -required 60 -foot width, your note No. 1 must include language to the extent the 5 - foot -wide front lot easement is for public right-of-way. 3. Submit detailed development drawings for streets and drainage, sanitary sewer, and domestic water and irrigation routing, if any. 4. Submit evidence from the Jackson Drain maintaining agency documenting right-of-way width shown. S. Review Subdivision Ordinance 9-607(5), "Tiling or Fencing of Irriga- tion Ditches, Laterals or Canals". 6. In accordance with the City Subdivision Ordinance, Section 9-609, please provide the City Clerk with a tracing copy of the recorded final plat, front and back sides. 7. Designated percentage requirements for square footage of dwellings meets the requirements of City Ordinance #383. f G.x . KSS. kY. ; Jq April 9, 1984 .yy q1 oil 'fro! £ S ,Y fES Sir. t its His 'F't Qa �� NN AFP # L ( QVI .4`' 189 TIQ .- �`: 040 SAO, A.. 4 1e' i "Yo u e e ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY April 10, 1984 Adan and Alice Gonzalez 10783 Hinsdale Boise,.Idaho 83704 Re: THE WILLOWS - PRELIMINARY PLAT Section 6; T3N; R1E; B.M., Ada County, Idaho Dear Mr. and Mrs. Gonzalez: 318 E. 37TH STREET BOISE, IDAHO 83714 PHONE 344-6111 On April 5, 1984, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: 1. All dedicated streets to be constructed to Ada County Highway District standards and specifications. 2. Obtain written approval from irrigation/drainage jurisdiction for storm run-off into irrigation/drainage system(s). 3. Submit street and drainage plans with hydraulic caluclations prepared by a Registered Engineer (Section 54, Chapter 12, Idaho Code) for review and approval by Ada County Highway District. 4. "T" turnaround to conform to District's design criteria. 5. Provide a terminus barricade on east Willow Brook Drive at the west boundary of the subdivision. 6. Make deposit to the public road trust fund for street improvements and piping for the Jackson drain at the west termination of East Willow Brook Drive. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable/standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If Public Street Improvements are Required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection/ testing services. 0 l f G� cif t � M1 ?x 4 ,+ Pi 0 It d 0 Adan and Alice Gonzalez April 10, 1964 Page 2 • c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to Guarantee the completion of construction of all street improvements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certification, and endorsement. The Final Plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. Please contact our Development Services Office at 344-6111, Extension #420, should you have any further questions. Sincerely, ADA COUNTY"IGHWAY DISTRICT athleen Yog Developmen Servic KY/ev cc; J -U -B Engineering Development Services P"heri Planning & Zoning k # I IN 11 2 W 9 i apsY.lif4� it orIL cn . 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N :;c d fT r+ ---4ti c V% .� r C ?t7j► r � g y�J c In M, F �-I 04� 1 or tc n R; o re rt a rt. o rD fD 3 Ln 7 -1 ' d .t --r rt o -s F- f rS N 7 tD c+ [A -Sv] y C J. 0 C+ n3 Ma Z N 3 D r v D M ro Q\ ? 6 I�il a F �-I 04� 1 or tc n R; o re rt a rt. o rD fD 3 Ln 7 -1 ' d .t --r rt o -s F- f rS N 7 tD c+ [A -Sv] y C J. 0 C+ n3 Ma Z N 3 D r v D M ro H � r �o t�O F� 00 %.0 0. 00 O • O m T - O OnO LA �n �6 -o C -n Z d ro D N -.Ln Tr o Ln 7 OJ. O _0 N H e ti z Cm') O m C. � En C H>H u? CD Poo H ?I�H>HnO m oo Z c z ° HCo o 0zK �. -- n n N 1 C) tii > jai �- cm J cn J H �J m IH p CL = Hp �N LA O ti :7 j 3 c C!j N N ro OC -00 1 H > �lD a C+El � = w Cra a ° I O I z ! N ---4ti V% r C ?t7j► �, ?. Vl Commission Meeting - March 1, 1984 Page 5 APPROVAL OF MINUTES - February 23, 1984 - Comm i e -d to approve the minutes of February 23, 19 en. Commissioner Board seconded. Motion carried unani R'S REPORT �CGC_'CMQJ�C�L.� Cy J Letter from J.U.B. Engineers - Gary Funkhouser presented the subject letter and stated that Mr. Wayne Gibbs is in the audience and would like to speak with the Commissioners regarding T -Turnarounds. Commissioner Winder asked about the cir- cumstances of the problem with regard to staff input. Wayne Gibbs, Land Development Section, J.U.B. Engineers, was present and intro- duced Gary Smith, Land Development Engineer for J.U.B. Engineers. Mr. Gibbs explained the problem they have had in representing that the T -turnarounds could be used to their clients and now they have a problem with the Commission not approving them until further study. He asked the Commission to grant an appeal -and allow the use of T turnarounds in three of their plats that will be dropped if. the T's are not allowed. The three subdivisions are: Cottonwood Subdivision, which the plat has been calculated and drafted, the street has been desiur,eo, the sewer has been designed; Lipton Village; and Wi l_l_otr__ Su5_di vi s_i_o_n. He ex- plained the reasons they proceeded with the T turnaround d the problems they now have with not being allowed their use. Mr. Gibbs stated that it was nt3v?r presented to him at any time that the T or hammerhead turnaround was an ado;;?. -ed design standard by Ada County Highway District. Much discussion held concer— ng the problems and the circumstances that have caused the problems. Keith Loveless was present and explained his problem with not having the use of T turnarounds. Commissioner Board stated that he believes the T turnaround that was originally approved was approved on a test basis to see if it would work effectively. Further discussion. Mr. Loveless was concerned about the staff not recommending alternatives to his design, and not presenting the pros and cons to the Com- mission. Much discussion held concerning the problem in general and the need to get the problem resolved as quickly as possible. Mr. Smith stated that they are willing to participate with staff in reviewing the standards. Commissioner Winder said he is willing to grant the appeal if the T turnarounds do meet the standard that was presented to the Developer on the proposed drawings, and that the staff concur that they do. But he wants the process stopped, and to get it reviewed as soon as possible. Commissioner Winder then moved to grant the appeal based upon the testimony presented by staff and the Commission, very reluctantly. Commissioner Board seconded. Discussion held concerning the motion and it was determined that the process stop as of last week but if there are other developers who find themselves in the same circumstance, they will have to be determined on an individual basis, and will have to be heard by the Commission in the next week or two. Commissioner Rhodes presented an alternative motion to postpone Mr. Gibbs' appeal and resolve the problem of whether or not to allow the T turnarounds within the next week or two. Much discussion held. No second received. Commissioner Winder then called for the vote on the first motion. Commissioner Winder - Aye. Commissioner Board - Aye. Commissioner Rhodes - No. Motion carried two to one. � ' ' r . i -§' '��,£�7,� , m° 'a � -sem• s` v t x � �+F �kX iMr ttp?i�4�� Maya .,ti. .. s ..,4 .. e• ,� ... P .,S' �a 3Lf;Y gay �s£1 �rw ,A "U n i Lis. p & z 5 � Xs a9 d•'�i r 5 r "X �A§',,-.', i i...; ` TV A # + 4, 1, WA W`11 u X - ya, s - f sari r Pt'x ' -� r 4 ,+ t m m.�R Wim• �S � ¢ �' J Y �" We Insurance corporation A Stock Company Office -- Richmond ,Virginia ad ARD COVERAGE POLICY C-26342 1 alice gonzalez SCHEDULE A EFFECTIVE DATE sales associate _- November 19, 1971 a r; INSURED 4 ARAN GONZALEZ and ALICE L. GONZALEZ, husband and wife 1. The title to the fee simple estate or interest in the land described below is at the date hereof vested in: Adan Gonzalez and Alice L. Gonzalez, husband and wife, presumptively as community property 2. The land referred to in this policy is described as follows: The West 5 acres of the Sj of the NJ of the SEJ of-`Seetion-6, Township 3 North, Range 1 East of the Boise Meridian, ..Ada County, State of Idaho. Countersi ned: CAPIT09L TITLE COMPANY B� �-) A6thoiized ORicerbr Agent ORIGINAL Issued at: Boise, Idaho Page 1 of Sched. A-Pol No. S 740891 POL. FORM -74 SCHEDULE A -LITHO IN U.S.A. STANDARD COVERAGE z Commission Meeting - March 1, 1984 Page 5 APPROVAL OF MINUTES - February 23, 1984 - Commela to approve the minutes of February 23, 19 en. Commissioner Board seconded. .:,.A Motion carried unani mTrTrR REPORT w Letter from J.U.B. Engineers - Gary Funkhouser presented the subject letter and stated that Mr. 'Mayne Gibbs is in the audience and would like to speak with the Commissioners regarding T -Turnarounds. Commissioner Winder asked about the cir- cumstances of the problem with regard to staff input. Wayne Gibbs, Land Development Section, J.U.B. Engineers, was present and intro- duced Gary Smith, Land Development Engineer for J.U.B. Engineers. Mr. GibSs explained the problem they have had in representing that the T -turnarounds culd be used to their clients and now 'they have a problem with the Commission not approving them until further study. He asked the Commission to grant an appeal and allow the use of T turnarounds in three of their plats that will be dropped if the T's are not allowed. The three subdivisions are: Cottonwood Subdivision, which the plat has been calculated and drafted, the street has been designed, the sewer has been designed; Lipton Village; and Willow Subdi-vision. He ex- plained the reasons they proceeded with the T turnarounds and the problems they K, now have with not being allowed their use. Mr. Gibbs stated that it was nevar h " presented to him at any time that the T or hammerhead turnaround was an ado;; -ed design standard by Ada County Highway District. Much discussion held concerr,ng the problems and the circumstances that have caused the problems. Keith Lovelzss Ows was present and explained his problem with not having the use of T turnarounds. Commissioner. Board stated that he believes the T turnaround that was originally ,..=s, approved was approved on a test basis t® see if it would work effectively. Eurther discussion. Mr. Loveless was concerned about the staff not recommending alternatives to his design, and not presenting the pros and cons to the Com- mission. Much discussion held concerning the problem in general and the need to get the problem resolved as quickly as possible. Mr. Smith stated that thev are willing to participate with staff in reviewing the standards. x Commissioner Winder said he is willing to grant the appeal if the T turnarounds do meet the standard that was presented to the Developer on the proposed drawings, and that the staff concur that they do. But he wants the process stopped, and to get it reviewed as soon as possible. Commissioner Winder then moved to grant the appeal based upon the testimony presented by staff and the Commission, very reluctantly. Commissioner Boards seconded. Discussion held concerning the motion and it was determined that the process stop as of last week but if there are other developers who find themselves in the same circumstance, they will have to be determined on an individual oasis, and will have to be heard by the Commission in the next week or two. Commissioner Rhodes presented an alternative motion to postpone Mr. Gibbs' appeal and resolve the problem of whether or not to allow the T turnarounds within the next week or two. Much discussion held. No second received. Commissioner Winder then called for the vote on the first motion. Commissioner Winder - Aye. Commissioner Board - Aye. Commissioner Rhodes - No. Motion carried two to one. r Al x. IWO Y 4� Commission Meeting - March 1, 1984 ;.. Page APPROVAL OF MINUTES - February 23, 1984 - C4en. ea to approve � z`A. the minutes of February 23, 19 Commissioner Board seconded. x Motion carried unani 6 3 R'S REPORT r� Letter from J.U.B. Engineers - Gary Funkhouser presented the subject letter and stated that Mr. Wayne Gibbs is in the audience and would like to speak with the Commissioners regarding T -Turnarounds. Commissioner Winder asked about the cir- cumstances of the problem with regard to staff input. fi Wayne Gibbs, Land Development Section, J.U.B. Engineers, was present and intro- duced Gary Smith, Land Development Engineer for J.U.B. Engineers. Mr. Gibbs explained the problem they have had in representing that the T -turnarounds could be used to their clients and now they have a problem with the Commission not approving them until further study. He asked the Commission to grant an appeal and allow the use of T turnarounds in three of their plats that will be dropped if the T's are not allowed. The three subdivisions are: Cottonwood Subdivision, which the plat has been calculated and drafted, the street has been designed, the sewer has been designed; Lipton Village; and Willow Subdivision. He ex- plained the reasons they proceeded with the T turnarounds—and—the problems they now have with not being allowed their use. Mr. Gibbs stated that it was n,3var presented to him at any time that the T or hammerhead turnaround was an adop_ed °- design standard by Ada County Highway District. Much discussion held concer^'ng the problems and the circumstances that have caused the problems. Keith Loveless was present and explained his problem with not having the use of T turnarounds. Commissioner Board stated that he believes the T turnaround that was originally approved was approved on a test basis to see if it would work effectively. Further discussion. Mr. Loveless was concerned about the staff not recommending alternatives to his design, and not presenting the pros and cons to the Com - ,r,:. mission. Much discussion held concerning the problem in general and the need to get the problem resolved as quickly as possible. Mr. Smith stated that they are f:r willing to participate with staff in reviewing the standards. Commissioner Winder said he is willing to grant the appeal if the T turnarounds s do meet the standard that was presented to the Developer on the proposed drawings, and that the staff concur that they do. But he wants the process stopped, and to c get it reviewed as soon as possible. Commissioner Winder then moved to grant the appeal based upon the testimony presented by staff and the Commission, very reluctantly. Commissioner Board seconded. Discussion held concerning the motion and it was determined that the process stop as of last week but if there are other developers who find themselves in the same circumstance, they will have to be determined on an individual oasis, and will have to be heard by the Commission in the next week or two. Commissioner Rhodes presented an alternative motion to postpone Mr. Gibbs' appeal and resolve the problem of whether or not to allow the T turnarounds within the next week or two. Much discussion held. No second received. Commissioner Winder then called for the vote on the first motion. Commissioner Winder - Aye. Commissioner Board - Aye. Commissioner Rhodes - No. Motion carried two to one. REQUEST FOR SUBDIVISION APPROVAL f Q PRELIMINARY PLAT l•�`��, ` PLANNING AND ZONING COMMISSION .TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, The Willows Subdivision 2. General location, West of Willowbrook Drive adjacent to Meridian Place Subdivision 3. Owners of record, Adan and Alice L. Gonzalez d Address 10783 Hinsdale , Zip Telephone 376-6957 4. Applicant, Same Address, 5. Engineer, David L. Curtis, P.E. Firm J -U -B Address 250 S. Beechwood Boise, Idaho Zip 83709 Telephone 376-7330 i 6. Name and address to receive City billings: Name Adan Gonzalez Address 10783 Hinsdale, Boise, ID Zip Telephone 376-6957 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 5 2. Number of lots 22 3. Lots per acre 4.4 4. Density per acre 4.4 5. Zoning classification(s) A Residential 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? NO Explain 7,( 1 ?, f y ,pk MW L d �^ .y +i fia "X 3 YR; rij p E w i ,pk MW L w n; a 12. Other proposed amenities to the City Water Supply Fire Department Hydrants as Require6other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination) , Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other 15. Proposed development features: a. Minimum square footage of lot(s), 6,000 b. Minimum square footage of structure(s), 1,040 c. Are garages provided for, yes square footage. d. Are other covering'.' pro%4ded for No e. Landscaping has been provided for No , Describe f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units. No , Type , remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for No , Explain k. value range of property $13,000-$15,000 Per Lot 1. Type of financing for development Bank m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Compliance with Ordinance #365. fi r (2) k t 9 t �a< sin 1 j ^> e e k 12. Other proposed amenities to the City Water Supply Fire Department Hydrants as Require6other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination) , Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other 15. Proposed development features: a. Minimum square footage of lot(s), 6,000 b. Minimum square footage of structure(s), 1,040 c. Are garages provided for, yes square footage. d. Are other covering'.' pro%4ded for No e. Landscaping has been provided for No , Describe f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units. No , Type , remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for No , Explain k. value range of property $13,000-$15,000 Per Lot 1. Type of financing for development Bank m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Compliance with Ordinance #365. fi r (2) k t 9 1 j ^> e e k --------------------------- Ad fi a t •. f+rx. E^ � tv i -"k^' s �g31 yly�a5 4WD" wo E �9 S; Ems:. 12. Other proposed amenities to the City Water Supply Fire Department Hydrants as Require6other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination) , Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other 15. Proposed development features: a. Minimum square footage of lot(s), 6,000 b. Minimum square footage of structure(s), 1,040 c. Are garages provided for, yes square footage. d. Are other covering'.' pro%4ded for No e. Landscaping has been provided for No , Describe f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units. No , Type , remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for No , Explain k. value range of property $13,000-$15,000 Per Lot 1. Type of financing for development Bank m. Protective covenants were submitted No Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Compliance with Ordinance #365. fi r (2) k t 9 1 j ^> e +f REQUEST FOR PRELIMINALAT Page 3 LJ STATEMENTS OF COMPLIANCE: Continued 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: I. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' ar, include a date, North point. 3. Location and width of streets, alleys and sidewalks. 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain c 7. Location of existing dedicated streets and their width at the poin they are immediately adjacent:P 8. Vicinity map (scale 1" equals 3001) showing the above items and al lines within 600' of the exterior boundaries of the plat, or if non to government section corners. 9. Any variance(s) requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. armrnwl Mfl 10V TTYvwT_ shall be removed. s where subdivision reference 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATION OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and technical review follows from City Departments; Wastewater Treatment, Public Works, Police, Fire and Engineering review. FEE SCHEDULE: 1. Application - see Ordinance No. 345. MERIDIAN CITY COUNCIL PRELIMINARY PLAT After approval by the Planning and Zoning Commission a letter will be sen to City Department Supervisors requesting technical review. Technical revie must be completed before the City Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Submission Requirements, Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. a REQUEST FOR PRELIMINALAT Page 3 LJ STATEMENTS OF COMPLIANCE: Continued 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: I. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' ar, include a date, North point. 3. Location and width of streets, alleys and sidewalks. 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain c 7. Location of existing dedicated streets and their width at the poin they are immediately adjacent:P 8. Vicinity map (scale 1" equals 3001) showing the above items and al lines within 600' of the exterior boundaries of the plat, or if non to government section corners. 9. Any variance(s) requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. armrnwl Mfl 10V TTYvwT_ shall be removed. s where subdivision reference 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATION OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and technical review follows from City Departments; Wastewater Treatment, Public Works, Police, Fire and Engineering review. FEE SCHEDULE: 1. Application - see Ordinance No. 345. MERIDIAN CITY COUNCIL PRELIMINARY PLAT After approval by the Planning and Zoning Commission a letter will be sen to City Department Supervisors requesting technical review. Technical revie must be completed before the City Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Submission Requirements, Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. t OLIMINARY .r 3RD MERIDIAN CITY COUNCIL PLAT Page 4 � TIMETABLE FOR SUBMISSION: continued 3. The City Council will hear the request at the first meeting of the month { following.the month the request was acted on by the Planning and Zoning Commission. 4. The City Council may require anImpact Statement. ft DOCU14ENTATION REQUIREMENTS: M 1. Information compiled from the Planning and Zoning Commission. 2. Seven (7) sets of plans detailing named or numbered streets, sewer lines, water lines and all existing and proposed easements. 3. Any variance(s) requested must be submitted in writing. {` ACTION TO BE TARN: 1. The City Council will accept, disapprove or accept with specific co tingencies. x � z DETERMINATION OF REVIEW BY CITY COUNCIL 1. City Council acts on recommendation from the Planning and Zoning Commission. 2. Amenities to the City are clarified and committed in writing by applicant prior to any approval. 3. Reviews all comments from agencies and the City Departments technical review. .r 3RD � x A 0 • APPENDIX I SUBMISSION REQUIREMENTS City Policy as relates to the submission and approval of Annexations, Preliminary Plats, Final Plats, -Rezones, Conditional Use Permits, Planned Use Developments and Design Reviews. PLANNING AND ZONING COMMISSION TIMETABLE: 1. A request for annexation, preliminary or final plat, rezone or conditional use permit approval, must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 2. Notice will be published in the Valley News, where applicable, at the expense of the requesting party at least one edition prior to the Planning and Zoning Commission meeting, giving a broad description of the request and the location. 3. The Planning and Zoning Commission at the next regular meeting will acknowledge the request or act on the request or both. 4. The City Clerk's office will request City Departments, other agencies and political bodies to submit comments no later than a date established by the City Clerks Office. 5. If the Planning and Zoning Commission disapproves the request they dill deter- mine when and if the request will be reheard. CITY COUNCIL TIMETABLE: 1. The City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. 2. The City Council will hear the request at the first meeting of the month following the month the request was acted on by the Planning and Zoning Commission. { t i e o - ORDINANCE NO. 365 AN ORDINANCE AMENDING TITLE 9, CHAPTER 6, OF THE REVISED AND COMPILED ORDINANCES . OF THE CITY OF MERIDIAN, TO INCLUDE SUBSECTION 9-603A ENTITLED "PUBLIC HEARING TO BE HELD PRIOR TO SUBDIVISION PLAT APPROVAL. WHEREAS, the City Council and the Mayor of the City of Meridian h ve con- cluded that it is in the best interest of said City to amend Title 9, hapter 6, to include a subsection 9-603A. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF TIE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 9-603 shall be hereby amended to include a sub- section 9-603A which shall read as follows: 9-603A PUBLIC HEARING TO BE HELD PRIOR TO SUBDIVISION PLAT APPROVAL: No final subdivision plat shall be approved or offered f r approval until one public hearing has been held for the purpose of allo ing public input on the proposed subdivision. This public hearing shall b held at the time of presentation of the tentative plat by the developer to he City Council. Notice of the public hearing shall be given by mailing, by C rtified Mail, notice of the hearing to all property owners within 300 feet of he pro- posed boundaries of the subdivision and by publishing notice of said hearing in the City's newspaper of record at least one time 15 days prior to the date of such hearing. The notice to be mailed to the adjacent property owners shall include a vicinity map of the area which map shall show the proposed subdivision and the property within 300 feet. Any subdivision plats presently pending approval or pending appro al at the time of passage of this Ordinance shall also meet the above public hea ing require- ment by having said hearing at some time prior to request for final approval. _ Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this ordinance shall take effect and be in force fro and after its passage, approval and publication as required by law. PASSED By the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho this 3rd day of March, 1980. ATTEST: SIM i lerk cc: AIC Sterling Codifiers Minutes APPROVED; 3U � C k f t�*ix?:. F � w t staff J -U -B ++wa South Beachwood Avenue, Suite 1 — Bolee, Idaho 8370 N NV DESCRIPTION FOR THE WILLOWS SUBDIVISION OF THE S 1/2 N 1/2 SE 1/4, SECTION 6, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY IDAHO A PARCEL OF LAND BEING A PORTION OF THE S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 60 T.3N.., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTI- CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTH ONE- QUARTER CORNER OF THE SAID SECTION 6; THENCE NORTH 0020'01" EAST 1,301.13 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SE 1/4 OF SECTION 6 TO AN ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 002010111 EAST 650.56 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6_ TO AN IRON PIN MARKING THE NORTHWEST CORNER OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6; THENCE NORTH 89054'21" EAST 334.68 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6 TO AN IRON.PIN ON THE WESTERLY BOUNDARY OF MERIDIAN PLACE SUBDIVISION NO. 1, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 47 OF PLATS AT PAGES 3837 AND 3838.; THENCE SOUTH 0017'46'" WEST 651.78 FEET ALONG THE SAID WESTERLY BOUNDARY -OF MERIDIAN PLACE SUBDIVISION NO. 1 TO AN IRON PIN MARKING THE SOUTHWEST CORNER OF THE SAID MERIDIAN PLACE SUBDIVISION NO. 1; THENCE NORTH 89053'09" WEST 335.10 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6 TO THE POINT OF BEGINNING, COMPRISING 5.01 ACRES, MORE OR LESS. P12-00 HWG%JTE/JDC GLR:DP PREPARED BY: J -U -B ENGINEERS, INC. JOHN T. EDDY, L.S. 4rud � v it ^1 N 4rud � v it ^1 5 ' rvj G £ t YY s� IX 9 S b b f ,� S '3. ¢¢� F § iZw'TX i } ; 'y d ;tAb'`ctS'k.� r ,a• K''18* Yid, _'C J9 .a" $4 £ �4 h h{ , q £iA 4rud � v it ^1 5 ' A ....L.. io aW � $4 £ �4 h h{ , q M.,ti#ea•.r>,amw'�;.. r..l a. ww •. *5,.. 5.<�,j�. -1,,50UTN § k r 4 kA I` eE s: r2 ...r +.m i+�e.Mxir9w .. -. .ix....mts: .0 .. .. V .. �,_.•&.dm. PRO POS E 1P �� 5• M.,ti#ea•.r>,amw'�;.. r..l a. ww •. *5,.. 5.<�,j�. -1,,50UTN § k r 4 kA I` s: vv t . r,';i .., ... ...r +.m i+�e.Mxir9w .. -. .ix....mts: .0 .. .. — .. �,_.•&.dm. PRO POS E `D 5 Acre SU�iVi3ien Willows CHATEAU DRIVE I r z S 2 O ; y CLAY BOURN I A ° y s 5 s 0 TORRI GTO COURT e = to Z a y e e3 0 B — \ G , i to 3 Z i2 m WILLOWBROOK 8 DRIVE G t I — — 20 5 �\ CLARENE STREET A 6 _ wI—VS . WHEEL INN \ � � 4... yo y Q 3 IIQI - 1IAMMy STREET 1 I\MOB1L I MANOR I I s 2 e a w ¢' R E II I I I. FAIRVIEW AVEN�c S. HIGHWAY 30_1---�� M.,ti#ea•.r>,amw'�;.. r..l a. ww •. *5,.. 5.<�,j�. § k r 4 kA k. s: vv t . r,';i .., ... ...r +.m i+�e.Mxir9w .. -. .ix....mts: .0 .. .. �._x. a� .. �,_.•&.dm. M.,ti#ea•.r>,amw'�;.. r..l a. ww •. *5,.. 5.<�,j�. OFFICIALS JACK NIEMANN, City Clerk A. M. KIESERT. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer Mr. Vic Johnson Systems Construction P.O. Box 49 Boise, Idaho 83707 Dear Mr. Johnson: HUB OF TREASURE. VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888.4433 GRANT P. KINGSFORD Mayor September 5, 1986 COUN(IILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER SOBSPENCER Chairmen Zoning 8 Planning Re: The Willows Subd. Sewer & Water Installation The City of Meridian Water and Wastewater Superintendents advise me that the installation of this subdivisions sanitary sewer and domestic water systems have been satisfactorily completed. These systems have passed the necessary tests, in accordance with City Standards, and are hereby accepted by the City of Meridian for ownership and maintenance. In accordance with City policy, the installation and materials of the sewer and water system are to be warranted against defect by your contractor for a period of one (1) year from the date of this letter. In order for us to maintain a record of cost for sewer and water improvements within the City, please submit a copy of your costs to install the systems in this development. We appreciate your diligence in constructing these systems to the specifications of the City of Meridian. c.c. City Clerk Stuart Ward Sin erely, /J�— Gary D. Smith, P.E. City Engineer M a' Vit. v Y�` s yr J� 4 MEMORANDUM To: Department Heads & Supervisors From: William G. Berg, Jr., City Clerk Date: December 17, 1996 RE., Department Head Meeting Ri MINDER Wednesday, December 18th, 1996 @ 4:00 PM @ City Hall Conference Room Christmas Turkeys will be ready sometime Wednesday, December 18th. I will let you know when. Holiday Dinner Party on Friday, December 27th beginning at 6:00 PM at Spurwing Country Club. i' tv� � C CP y.„ ��L 1996 HOLIDAY DINNER PARTY LIST Friday, December 27th, 1996 6:00 PM to 9:00 PM Dining Room No Host Bar Spurwing Country Club 6800 N. Spurwing Way Meridian, ID 83642 887-1800 fax 322-7307 Menu: Fried Chicken Ham (real bone -in ham) Fresh Baked Breads Baked Potato Bar Pasta Salad Swedish Meatballs Fruit Platters Green Salad w/Dressing Chocolate Torte Coffee, Tea, or Soda r� i 1996 HOLIDAY DINNER PARTY LIST Friday, December 27th, 1996 6:00 PM to 9:00 PM Dining Room No Host Bar Spurwing Country Club 6800 N. Spurwing Way Meridian, ID 83642 887-1800 fax 322-7307 Menu: Fried Chicken Ham (real bone -in ham) Fresh Baked Breads Baked Potato Bar Pasta Salad Swedish Meatballs Fruit Platters Green Salad w/Dressing Chocolate Torte Coffee, Tea, or Soda r� �t Fix �t{ June 12, 1986 Mr. Vic Johnson Systems Construction P. 0. Box 49 Boise, Idaho 83707 Dear Mr. Johnson: COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 3 Planning Re: The Willows Subd. Sewer & Water Final Inspection The City Water and Sewer Superintendents have made their final inspections of the subject project and have made the following comments. Sewer: 1. Manhole A.1-1- replace the manhole cover with one that has vent holes. 2. Clean debris from the floor and inlet and outlet pipe of each manhole. Water Most of these items relate to raising of meter lids and rings. It is my understanding concrete grade rings that fit the meter tile diameter can be purchased from Amcor in Nampa. 1. Lots 1-2, Blk.2- raise meter lid and ring 2 inches. 2. Lots 3-4, Blk.2- " " 11 H 3. Lots 5-6, Blk.2- " 3 inches. 4. Lots 11-12, Blk.2- Raise meter lid and ring 2 inches. 5. Blow off @ N. end of N. Lark Place- A cam-lok fitting needs to be installed at the end of the stand pipe. The blow -off will need to be flushed by the City after the Cam-lok is installed. 6. N. Lark Place - 2 inch gate valve- Remove dirt covering valve nut so we can check the operation of the valve. HUB OF TREASURE VALLEY O A Good Place to Live OFFICIALS JACK ANN.City CITY OF MERIDIAN asurerClark A. M. KIEBERT. Treasurer M.KIES Y � d 3 BRUCE D. STUART, Water Works Built. WAYNE O. CROOKSTON, JR., AttomeY 728 Meridian Street EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ?#=MIAN, IDAHO ROY PORTER, Police Chief 88842 GARY SMITH, City Engineer Phone OBB 4433 GRANT P. KINGSFORD M"_ June 12, 1986 Mr. Vic Johnson Systems Construction P. 0. Box 49 Boise, Idaho 83707 Dear Mr. Johnson: COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 3 Planning Re: The Willows Subd. Sewer & Water Final Inspection The City Water and Sewer Superintendents have made their final inspections of the subject project and have made the following comments. Sewer: 1. Manhole A.1-1- replace the manhole cover with one that has vent holes. 2. Clean debris from the floor and inlet and outlet pipe of each manhole. Water Most of these items relate to raising of meter lids and rings. It is my understanding concrete grade rings that fit the meter tile diameter can be purchased from Amcor in Nampa. 1. Lots 1-2, Blk.2- raise meter lid and ring 2 inches. 2. Lots 3-4, Blk.2- " " 11 H 3. Lots 5-6, Blk.2- " 3 inches. 4. Lots 11-12, Blk.2- Raise meter lid and ring 2 inches. 5. Blow off @ N. end of N. Lark Place- A cam-lok fitting needs to be installed at the end of the stand pipe. The blow -off will need to be flushed by the City after the Cam-lok is installed. 6. N. Lark Place - 2 inch gate valve- Remove dirt covering valve nut so we can check the operation of the valve. Y � d 3 6. � Y F 4 (2) 7. Lots 13-14, Blk.2- Raise meter lid and ring 2 inches. 8. Lots 15-16, Blk.2- " " 11 11 If 11 9. Lot 17, Blk.2- It 11 it 11 it 11 10. Blow -off @ West end of Willowbrook- Install a 4 inch drain valve. The blow -off flushes Ok. 11. Lots 4-3, Blk 1- Raise meter lid and ring 2 inches 12. At E. Willowbrook and N. Lark Place - Clean dirt out of westerly most valve riser and reconnect finder wire. 13. Lots 2-1, Blk. 1- Raise meter lid and ring 3 inches. Please notify us as soon as the above items have been completed and we will reinspect for. issuance of a letter of final completion and acceptance. If you have any questions please call. Lerely, Smith, P.E. City Engineer ,., C.C. City Clerk } ' Bruce Stuart Earl Bard v i W z O L � � cn a V) cr G C eo �-• � C ,7a+ E-1 C E-4 L E v 3 N 0 a I no L- w ' N ea c ..a w CH c� W r3 E i .. 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(A 4-3 O r— r0 C) A= Q r C 67 Cd L V1 = CT 4, r 7 4: It: C v o N C3 CT• C i - 41 C C 4� C ® O 4.3 � 3 C 9r C —� ea 41 eO ea :3 113 r _ c>% C O t = -n >%, _ C -0 -0 U 0- L 'a y Q 'r AJ Ods IU "L � i • C v t f C ! � •r er c �a k us Pad�•ya ®,�� 9� �� W it f �3 Mill .9, � m a if All F Q W ?W a OA N I I ,+ wO §' § 8 <W omoo N W 0 031U.V1dNn ,01.6££ "18 ° A 11601£6 °68 •N mMw u 8 � ,Dasa N X N° .:; g ,too, Je'4a N X X '•i 3AIWO >I00bleMO111M LGV3 R �asa»SmrS ,LO GQQ M.•RA .M oeXN !i asmnis3as °.�� 77 a��>rpda M R 418 ti� C ,A'!9 �•J ,Q tr M z p n ® R Xa ^ J 9ggg8>3S$$8 0 .O 6 8 R$ n n R da$xeu$g$o LJ $ Z $ U Y V V Y Y U m a U Y W ?W a OA N I I ,+ wO §' § 8 <W omoo N W 0 031U.V1dNn ,01.6££ "18 ° A 11601£6 °68 •N 1,3 ,Bi'1z ,00'z9 ,00 za J96L I$ n8 �a9 a-oo Zq �arze .00ze 31112146 AWN io 0 0 = O3" 1dNn Z 9 a �I L41 13 his ,,,a�as u 8 � ,Dasa l >100 ffi ,m Q4 S' Q .00cQl g ,too, Je'4a '•i 3AIWO >I00bleMO111M LGV3 R ,LO GQQ M.•RA .M oeXN !i °.�� R 418 ti� C ,A'!9 �•J 4ry ,Be'°R ® R Xa ^ J 0 .O ro LJ Z .tt sesll--i••eaei,aes--- ' J ,arae +•eQ��, a z m $ p 0 n O m 0 °I co to 0 ,i6'•Li a.ea.as eseQ ,00a1 ■.rm.ii. m N Y © Y N >3I a 0 U 3 ml wI 4Y, m 0 ` 1 J Uv--,LB'bLl—=)•84 Q to bao68aJ —.188t—� OpgB .T R 8x'8 m a ,00'011 1.ea.8ie IL 0 7 m rN O s UDQB I a' ,OOa1 .8984. 0 Ir I I I g QD 1,3 ,Bi'1z ,00'z9 ,00 za J96L I$ n8 �a9 a-oo Zq �arze .00ze 31112146 AWN io 0 0 = O3" 1dNn Z 9 a �I L41 13 his ,,,a�as I� ti� C O REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: K 1. Name of Annexation and Subdivision, The Willows Subdivision 2. General location, West of Willowbrook Drive adjacent to Meridian Place Subdivision 3. Owners of record, Adan and Alice L. Gonzalez Address 10783 Hinsdale Zip Telephone 376-6957 4. Applicant, Same Address, 5. Engineer, David L. Curtis, P.E. Firm J -U -B Address 250 S. Beechwood Boise, Idaho Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name Adan Gonzalez Address 10783 Hinsdale, Boise, ID Zip Telephone 376-6957 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 5 2. Number of lots 22 3. Lots per acre 4.4 4. Density per acre 4.4 5. Zoning classification(s) A Residential 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? NO Explain K ) } k �f t. W%sn M� 3r h l� t r ti r REQUEST FOR F-RELIMINAR#AT: Planning and Zoning Commi@on continued Page 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school (s) service the area Meridian Intermediate do you propose any agreements for future school sites NO Explain 12. Other proposed amenities to the City Water Supply Hydrants as Re uire Fire Department y q , �ther Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other S incl a Family 15. Proposed development features: a. Minimum square footage of lot(s), 6,000 b. Minimum square footage of structure(s), 1,040 c. Are garages provided for, Yes square footage d. Are other covering't pro%4ded for No e. Landscaping has been provided for No , Describe f. Trees will be provided for No , Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units No , Type , remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for No Explain k. Value range of property $13,000-$15,000 Per Lot 1. Type of financing for development Bank M. Protective covenants were submitted No , Date 16. Does the proposal land lock other property NO , Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Compliance with Ordinance #365. (2) '4 W W 0411 P- Wl- "j 41�si{ r r #'i p, .a..., s.: REQUEST FOR PRELIMINAROT Page 3 STATEMENTS OF COMPLIANCE: Continued 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. DOCUMENTATION REQUIREMENTS: 1. Name of Subdivision. 2. Scale of Preliminary Plat shall not be less than 1" equals 100' and shall include a date, North point. 3. Location and width of streets, alleys and sidewalks. 4. Location, width and purpose of all easements. 5. Lot dimensions. 6. Location of existing buildings indicate whether they will remain or be removed. 7. Location of existing dedicated streets and their width at the points where they are immediately adjacent.s 8. Vicinity map (scale 1" equals 300') showing the above items and all subdivision lines within 600' of the exterior boundaries of the plat, or if none, reference to government section corners. 9. Any variance(s) requested must be submitted in writing. 10. 27 copies of each item correlated. 11. Compliance with Ordinance #365. ACTION TO BE TAKEN: 1. Planning and Zoning accepts, disapproves or accepts with contingencies. DETERMINATION OF REVIEW: 1. Land use determinations are made. 2. Amenities to the City are outlined. 3. This form is completed and technical review follows from City Departments; Wastewater Treatment, Public Works, Police, Fire and Engineering review. FEE SCHEDULE: 1. Application - see Ordinance No. 345. MERIDIAN CITY COUNCIL PRELIMINARY PLAT After approval by the Planning and Zoning Commission a letter will be sent to City Department Supervisors requesting technical review. Technical review must be completed before the City Council will place the item on the agenda. TIMETABLE FOR SUBMISSION: 1. See City Policy Statement, Submission Requirements, Appendix I. 2. City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. (3) n d€ rcY { 1 MERIDIAN CITY COUNCIL AIMINARY PLAT Page 4 TIMETABLE FOR SUBMISSION: continued 3. The City Council will hear the request at the first meeting of the month following.the month the request was acted on by the Planning and Zoning Commission. 4. The City Council may require an Impact Statement. DOCU14ENTATION REQUIREMENTS: 1. Information compiled from the Planning and Zoning Commission. 2. Seven (7) sets of plans detailing named or numbered streets, sewer lines, water lines and all existing and proposed easements. 3. Any variance(s) requested must be submitted in writing. ACTION TO BE TAKEN: 1. The City Council will accept, disapprove or accept with specific contingencies. DETEP14INATION OF REVIEW BY CITY COUNCIL 1. City Council acts on recommendation from the Planning and Zoning Commission. 2. Amenities to the City are clarified and committed in writing by applicant prior to any approval. 3. Reviews all comments from agencies and the City Departments technical review. (4) APPENDIX I SUBMISSION REQUIREMENTS City Policy as relates to the submission and approval of Annexations, Preliminary Plats, Final Plats,, Rezones, Conditional Use Permits, Planned Use Developments and Design Reviews. PLANNING AND ZONING COMMISSION TIMETABLE: 1. A request for annexation, preliminary or final plat, rezone or conditional use permit approval, must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 2. Notice will be published in the Valley News, where applicable, at the expense of the requesting party at least one edition prior to the Planning and Zoning Commission meeting, giving a broad description of the request and the locatirn. 3. The Planning and Zoning Commission at the next regular meeting will acknowledge the request or,act on the request or both. 4. The City Clerks office will request City Departments, other agencies and political bodies to submit comments no later than a date established by the City Clerks Office. 5. If the Planning and Zoning Commission disapproves the request they will deter- mine when and if the request will be reheard. CITY COUNCIL TIMETABLE: 1. The City Council will hear the request only after it has been acted on by the Planning and Zoning Commission or through the appeal process. 2. The City Council will hear the request at the first meeting of the month following the month the request was acted on by the Planning and Zoning Commission. i r� t �1aH ,, ..., _ ' s, . q1z b i • ORDINANCE NO. 365 AN ORDINANCE AMENDING TITLE 9, CHAPTER 6, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, TO INCLUDE SUBSECTION 9-603A ENTITLED "PUBLIC HEARING TO BE HELD PRIOR TO SUBDIVISION PLAT APPROVAL. WHEREAS, the City Council and the Mayor of the City of Meridian have con- cluded that it is in the best interest of said City to amend Title 9, Chapter 6, to include a subsection 9-603A. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 9-603 shall be hereby amended to include a sub- section 9-603A which shall read as follows: 9-603A PUBLIC HEARING TO BE HELD PRIOR TO SUBDIVISION PLAT APPROVAL: No final subdivision plat shall be approved or offered for approval until one public hearing has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of presentation of the tentative plat by the developer to the City Council. Notice of the public hearing shall be given by mailing, by Certified Mail, notice of the hearing to all property owners within 300 feet of the pro- posed boundaries of the subdivision and by publishing notice of said hearing in the City's newspaper of record at least one time 15 days prior to the date of such hearing. The notice to be mailed to the adjacent property owners shall include a vicinity map of the area which map shall show the proposed subdivision and the property within 300 feet. Any subdivision plats presently pending approval or pending approval at the ktime of passage of this Ordinance shall also meet the above public hearing require- ment by having said hearing at some time prior to request for final approval. Section 2. WHEREAS, there is an'emergency therefor, which emergency is declared to exist, this ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED By the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho this 3rd day of March, 1980. i ATTEST: t y Clerk cc: AIC Sterling Codifiers Minutes i y k 01, ,I . S, fi fi a a. 1 t¥ x $. J -U -B 0 0 s 0 eechwood Avenue, Suite 1 — Bain. Idaho 93709 DESCRIPTION FOR THE WILLOWS SUBDIVISION F THE S 1/2 N 1/2 SE 1/4, SECTION 6, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING A PORTION OF THE S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTI- CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTH ONE- QUARTER CORNER OF THE SAID SECTION 6; THENCE NORTH 0020101" EAST 1,301.13 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SE 1/4 OF SECTION 6 TO AN ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 0020101" EAST 650.56 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6 TO AN IRON PIN MARKING THE NORTHWEST CORNER OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6; THENCE NORTH 89054'21" EAST 334.68 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6 TO AN IRON.PIN ON THE WESTERLY BOUNDARY OF MERIDIAN PLACE SUBDIVISION NO. 10 AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 47 OF PLATS AT PAGES 3837 AND 3838.; THELE SOUTH 00171466" WEST 651.78 FEET ALONG THE SAID WESTERLY BOUNDARY -OF MERIDIAN PLACE SUBDIVISION NO. 1 TO AN IRON PIN MARKING THE SOUTHWEST CORNER OF THE SAID MERIDIAN PLACE SUBDIVISION NO. 1; THENCE NORTH 89053'09" WEST 335.10 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID S 1/2 OF THE N 1/2 OF THE SE 1/4 OF SECTION 6 TO THE POINT OF BEGINNING, COMPRISING 5.01 ACRES, MORE OR LESS. N -Z -o -K HWG/JTE/JDC GLR:DP PREPARED BY: J -U -B ENGINEERS, INC. /�s_mO _ // JOHN T. EDDY, L.S. SOUTH SLOU61-1 N PROPOSED 5 A'G re sAd i visl an (The Willows COURT B 9 -.aR i V s- � � al J�N w 1< 9 w I CARCL, S E 3 � 2 I a9 j I E FAIRV'E`N 4v,E"lug b 13 10 Uj IO 3 2 12 I m 4 3 9 B WILLOW BROOK DRIVE B , 6 2 S 4 3 2 I CLARE NE20 STREET Lj WHEEL INN �� w 3 I 1 I( Iui 4 I� OBIL MANOR I TAMMY STREET TREET _ I I I _I L----. I I I I at , I I I I I g II II 2 ¢ -- _ (US HIGHWAY 30) COURT B 9 -.aR i V s- � � al J�N w 1< 9 w I CARCL, S E 3 � 2 I a9 j I E FAIRV'E`N 4v,E"lug e e Mav 7. 1984 MAri clian City Council Ma or Kingsford at Regular meeting of the Meridian City Council called to order by Y 7:30 p.m. Council Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler Others Present: Doug Nichols; Mr. & Mrs. Bruce Stuart; Kenny W. -Bowers; Gary Smith; Earl Ward; Bob Mitich; Wayne Crookston Jr.; Tom Cole; Jeff Stoffer; Steve Schaffer; Wayne Gibbs; Dennis Kinney; Jack Niemann; Minutes of the previous meeting held April 16, 1984 were approved as written. Item 1 Preliminary & Final Plat The Willows Subdivision Wayne Gibbs, JUB Engineers, was present representing the request. Kingsford questioned Gibbs as to if the restrictive covenants had been submitted. Gibbs said that they are in the process of being prepared at the present time. Fire Chief Bowers commented that he would still like to see the street go through to Chateau. Tolsma echoed those comments saying that he felt the T street design was a hazzard. City Engineer Gary Smith told the Council that all his comments had been taken care of. (Comments on File with City Clerk) Building Inspector Mitich said that they conform with all square footage requirements. Mayor Kingsford opened the Public Hearing. There was no response. Kingsford closed the Public Hearing. The Motion was made by Brewer and seconded by Giesler to approve of the Preliminary and Final Plat of The Willows Subdivision conditional upon the submittal and approval of the restrictive covenants. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; 11 P 0 HUB OF TREASURE VALLEY > a A Good Place to Live COUNCILMEN BILL OFFICIALS CITY OF MERIDIAN RONALD R. OLSMA JACK NIEMANN, City Clerk R E. BERT MYERS R A. M. KIESERT,Treaau'Or 728 Meridian Street OBEFiTG1ESLER RICHARD D. NICHOLS, Chlef of Police SOB SPENCER BRUCE D. STUART, Water Worke, SuPt• MERIDIAN, IDAHO WAYNE G. CROOKSTON, JR., Attorney 83842 Chairman Zoning & Planning EARL WARD, Waste Water Supt. Phone BB8403 May '] , 1984 KENNY BOWERS, Fire Chief GRANT P. KINGSFORD Mayor Mr. Dean W. Briggs, P.E. J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Dean: Re: The Willows Subdivision Sanitary Sewer/Domestic Water Plans Review The plans for the subject project have been Wastewater Superintendents wandb can be approved City of Meridian Water and W subject to the following conditions: 1. The double water serybe 1" in lieu of 11/2' in the legend and in the detail on Sheet 2 shall 2. The existing blowoff valve at the east end of East Willowbrook can be relocated to the west end of East Willowbrook. The ed at the end of the paved section of street blowoff assembly shall be located is sho 3. The double water service cationrLots shall be movedkto, the east side eoflihe the tee. The tap tee location. side of Lot 17, Block 2. 4. Remove the water se o thetnortheastthetcorner of Lot 178 Block 2, Install a single service at in lieu of the double service shown at that corner. 5. Install a "tee" in lieu of the 900 elbow at the north end of North Lark Place and attach a blowoff assembly to the north end of the tee. Connect a 2" line to the east side outlet and extend to serve Lots 7, 8, 9 and 10 . 6. During flush -cleaning of the sanitary sewer, do not allow flush water to enter the adjacent live sewer lines of the City. 7. Revise your "Typical Water Service Connection" detail on Sheet 2 to conform to the City Standard Details. 8. Make noted red -line changes on "Fire Hydrant" and "Valve Anchor" details. _2_ May 7,.1984 Mr. Dean W. Briggs, P.E. -� c" sealant or mortar in the manhole barrel section g. Utilize "elastomeri joints. All of the construction details for the water and sewer system materials and workmanship shall be in accordance with the City of Meridian Standard Specifications and Drawings. I am enclosing a red -lined set of the o r revised drawing If howing the remarks made above. Please return this red -lined set Y have any questions, please don't hesitate to call. Sincerely, CITY F MERIDIAN -Gary D:. S th,- R. E. City Engineer GDS:ss Enclosure CC: Monte Marchus, P.E. bcc:ta?fie+ri- Bruce`SSuart Earl Ward S vt W,4" % 14y'" .:; Psa'wru' Sft OR "W Y CY � �b '1' ..... " v Yk5 Y , 44 F <i. mm OO P o 939A 3 May 1904 Adan ronzalez 1073 ;4insdale Boise; Idaho 93704 sear !4rGonzalez". The Land use Change . Application for The lli l l Owws Subdivision was presented to the Board of.Directors orI May .,1933 . The sand and oil trap rest be re- li sed r A motion was passed unanint oust y tc accept t1le drainage designcontingent upon the revised sand and oil trap design. Sincerely David G. Overman Secretary of tree Board Ha4ipa & meridian Irrigati n district cc Each Director Manager Meridian Planning - ranine mc�art'ur & Tuner Dea:z gri ggs, j1j.R, Engineers File S s s AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Ordinances of the City of Meridian, and the laws of the State of Idaho, that a hearing will be held before the City Council of the City of Meridian, at the City Hall, 728 Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 7th day of May, 1984, for the purpose of reviewing and considering the Preliminary and Final Plats of the subdivision known as Willows Subdivision which is located west of Willowbrook Drive and adjacent to Meridian Place Subdivision and is more particularly described as follows: A portion of the S 1/2 N 1/2 SE 1/4, Section T. 3N., R. lE., B.M., Records of Ada County, Idaho. and NOTICE I5 FURTHER GIVEN, that a hearing will be held pursuant to 9=615 at the same place and time on said date to designate the minimum house sizes that may be constructed on each lot of the -=said Willow Subdivision. Any and all persons interested shall be heard at said meeting. DATED this 13th day of April, 1984. Mr. H. Wayne Gibbs J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Gibbs: March 22, 1984 Re: Water and Sewer Service The Willows Subdivision In accordance with your letter of request dated March 21, 1984, please be advised that your development, located adjacent to the west boundary of Meridian Place Subdivision and to the north and west of Settlers Village Subdivision is within our service area. As such, the City can provide sanitary sewer and domestic water service to this development. Sincerely, CITY F MERIDIAN Gay D. Smith, P.E. City Engineer GDS:dp bcc: Mayor & Council Earl Ward Bruce Stuart • HUB OF TREASURE VALLM' A Good Place to LiveCOUNCILMEN CITY OF MERIDIAN RONADR. OLSMAA. "'1,', 11 JACKNIEMANNFCityCark J. E. BERT MYERS M. KIEBERT, Trea$urer RICHARD D. NICHOLS, Chief of Police 728 Meridian Street ROBERTGIESLER BRUCE D. STUART, Water works, Shpt.MERIDIAN, G. CROOKSTON, JR., Attorney IDAHOWAYNE BOBSPENCER WARD, Waste Water Supt. 3642 8EARL Chairman Zoning & Planning KENNY BOWERS, Fire Chief P]lone 588.4433 GRANT P. KINGSFQRD MaYur . Mr. H. Wayne Gibbs J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Gibbs: March 22, 1984 Re: Water and Sewer Service The Willows Subdivision In accordance with your letter of request dated March 21, 1984, please be advised that your development, located adjacent to the west boundary of Meridian Place Subdivision and to the north and west of Settlers Village Subdivision is within our service area. As such, the City can provide sanitary sewer and domestic water service to this development. Sincerely, CITY F MERIDIAN Gay D. Smith, P.E. City Engineer GDS:dp bcc: Mayor & Council Earl Ward Bruce Stuart HUB Of TZEA. URE VALLEY O A Good Place to Live OFFICIALS JACK NIEMANN,City Clerk CITY OF MERIDIAN A. M. KIEBERT, Treepurer RICHARD D. NICH0LS, Chief of Police 728 Meridian Street BRUCE D. STUART, Water Works, Sgpt. WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water Sqpt. 642 KENNY BOWERS, Fire Chief Phone 888-4433 GRANT P. IKINGSFQRp Mayor Mr. H. Wayne Gibbs J -U -B ENGINEERS, Inc. 250 South Beechwood Avenue Boise, Idaho 83709 Dear Mr. Gibbs: March 22, 1984 Re: Water and Sewer Service The Willows Subdivision COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning In accordance with your letter of request dated March 21, 1984, please be advised that your development, located adjacent to the west boundary of Meridian Place Subdivision and to the north and west of Settlers Village Subdivision is within our service area. As such, the City can provide sanitary sewer and domestic water service to this development. GDS:dp bcc: Mayor & Council Earl Ward Bruce Stuart Sincerely, CIT OF MERIDIAN Gary D. mith, P.E. City Engineer Meridian Planning & 0 0 Regular meeting of the Meridian Planning & Zoning Commssion called to order by Chairman Bob Spencer at 7:30 p.m. Members Present: Marnell Chenowith; Jim Johnson; Walt Morrow; Jim Shearer; Members Absent: Moe Aldijani Others Present: Gordon Leishman; J.W. Gibbs; Max Steinbach; Wayne Crookston Jr.; Jack Niemann; Minutes of the 3-12-84 meeting; were approved with correction to Item #4, from At the Lake, Cherry Lane Village #2, corrected to read By the Lake at Cherry Lane. Minutes of the special meeting held 3-19-84 were approved as written. Item 1 Preliminary & Final Plat: The Willows Subdivision Wayne Gibbs, JUB, was present representing the request. Gibbs discussed the hammer -head turn -a -round, and told the Commission that the Fire Department and Sanitary Service had been contacted regarding the hammer -head turn -a -roux and had no problem with it. Gibbs also said that the hammer -head has ACRD approval. Gibbs said that he has gone over the City Engineer's comments (Gary Smith) with Smith, and that there is "no problem with them." Gibbs told the Commission that there have been provisions made for Willowbrook to continue to the North. There was discussion concerning the new Ordinances and Codes that may go into effect before the request is heard before the Council. (Tape on File - City Clerk's Office) Chenowith questioned as to if they would be willing to conform to the new Ordinances and Codes. Gibbs said that he is not familiar with the changes, but what he does know of them, the would be no problems. Spencer pointed out that the frontages do not comply with the changes. Gibbs commented that the sewer and water would be brought in from the North. The Motion was made by Jim Johnson and seconded by Walt Morrow to recommend to the City Council approval of the Preliminary & Final Plat for The Willows Subdivision. Motion Carried: Chenowith, yea; Johnson, yea; Morrow, yea; Shearer, yea; I Item 2 Max Steinbach: Input on Possible Annexation of Parcel on North 10 Mile Rd. Mr. Steinbach, 1625 W. Pine, told the Council that he is seeking input on the possibili of annexation of a 1.4 acre parcel on North 10 mile, just off of Cherry Lane. Steinbach said that he would like to build a single family dwelling on the parcel, and be zoned at Residential. The parcel is currently zoned agricultural. Steinbach told the Commission that he has contacted ACRD, and they will check for the i of a septic system. Steinbach said that he understands that he will be required to hookup to City Services when they are available. Spencer commented that this would create an even bigger enclave, and if the Church wou: come in with Steinbach he would have better feelings about annexation. {2 Li £ < iJ t �,r:• # L BUILDING RESTRICTIONS AND COVENANTS THE WILLOWS KNOW ALL MEN BY THESE PRESENTS: ADAM AND ALICE L. GONZALEZ, the owners of the property hereinafter de- scribed, does by this instrument impose upon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instrument. Said premises are described as follows: A parcel of land being a portion of the S 1/2 of the N 1/2 of the SE 1/4 of Section 6, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more parti- cularly described as follows: Beginning at a brass cap marking the South one- quarter corner of the said Section 6; thence North 0°20101" East 1,301.13 feet along the Westerly boundary of the said SE 1/4 of Section 6 to an aluminum cap marking the Southwest corner of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°20101" East 650.56 feet along the Westerly boundary of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6 to an iron pin marking the Northwest corner of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6; thence North 89054121" East 334.68 feet along the Northerly boundary of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6 to an iron pin on the Westerly boundary of Meridian Place Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 47 of Plats at pages 3837 and 3838; thence South 0017146" West 651.78 feet along the said Westerly boundary of Meridian Place Subdivision No. 1 to an iron pin marking the Southwest corner of the said Meridian Place Subdivision No. 1; thence North 89153'09" West 335.10 feet along the Southerly boundary of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6 to the point of beginning, comprising 5.01 acres, more or less. 1. Said land and the whole. thereof shall be used exclusively for residen- tial purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the original platting, without the written approval of the Architectural Control Committee. 2. 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 as to quality of workmanship and materials, harmony of external design with existing structures, as to locations with respect to topography and finish grade eleva- tion. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before construction or alteration is started, and such constructions or alteration shall not be commenced until written approval thereof is given by the Committee. As to all improvements, construction and alterations upon building sites, the Committee shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which isnot suitable or desirable in its opinion, for any reason, aesthestic or otherwise, and in BUILDING RESTRICTIONS AND COVENANTS - 1 z 3: �s t so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is 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 of the surrounding building sites, and any and all other factors which, in the com- mittee's opinion, shall affect the desirability or suitability of such proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. Should the Committee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been submitted to it, such approval will not be required and the provisions of this paragraph will be deemed to have been fully complied with. 3. No dwelling shall be permitted on any lot in said subdivision with less square feet than the City of Meridian ordinance allows, exclusive of attached open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Pro- vided, however, the total square feet of space to be occupied by all buildings and structures on any lot cannot exceed 35; of the total area of the lot upon which constructed. The final plat map of The Willows Subdivision, attached as Exhibit A, sets forth the minimum square footage for residential dwellings for each lot of said subdivision. 4. No building shall be erected, placed or altered on any lot nearer than twenty (20) feet from the front street lot line, twenty (20) feet to any side street lot line, five (5) feet from the side lot lines, nor five (5) feet from the rear lot line, for the purpose of this covenant, cornices, canopies, eaves, stairs, steps or open porches shall not be constructed upon nor encroach upon easements. 5. In connection with paragraph 4 above, the following structures or projections are permitted Within the setback areas therein described: A. Cornices, canopies, caves or ther projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. B. Exterior stairs of open design; provided that no such stairs shall project into a required front or side yard more than four (4) feet and into any rear yard more than eight (8) feet. BUILDING RESTRICTIONS AND COVENANTS - 2 6. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected in said tract or on any building site thereof shall be used at any time as a residence, temporary or permanent. No structure of a temporary character shall be used at any time as a residence. 7. All property will be serviced by public water and public sewer disposal systems. All residences must be connected to these utilities at the time of construction. All platted streets will be paved and provided with concrete curbs and gutters and sidewalks. 8. Each lot owner shall control the drainage and storm run-off from his lot so as to prevent damage or burden to adjoining property. 9. No nuisances or offensive activities shall be carried on in any building site or in any structure built thereon, nor shall anything be done thereon or therein which may be or may become an annoyance to the neighborhood. 10. No building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and disposed of as directed and authorized by municipal authority. 11. Each lot owner shall construct a garage for at least two cars and shall provide for offstreet parking for any unhoused motor vehicles, trailers and boats. No inoperative motor vehicle or any of its detached parts may be maintained or stored on any premises longer than seven (7) days except in an enclosed garage. No recreational vehicle or boat shall be parked on the street. On-site occupancy of any motor home, camper, trailer or other recrea- tion vehicle is prohibited. The use, storage and occupancy of any recreational vehicle must be in compliance with the ordinances of the City of Meridian. 12. Livestock and Poultry: No animals, livestock or poultry or any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. 13. Each of Lots 12 through 17 in Block 2 and Lot 5 in Block 1 have an easement across the rear or side thereof for drainage purposes. The easement across said Lots is of a sufficient width for the purpose of operating, main- taining and cleaning said drainage ditch. 14. Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupancy thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. 15. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty (30) years from BUILDING RESTRICTIONS AND COVENANTS - 3 the date these covenants are recorded; after said thirty (30) year period these covenants shall be automatically extended for successive period of ten years, unless an instrument signed by owners of a majority of the building sites within said tract has been recorded, agreeing to the change or cancella- tion of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial thirty (30) years as stated above, this may be done by an instrument signed by the owners of at least two-thirds (2/3) of the building sites. 16. Enforcement of these covenants may be prosecuted by any owner of any building site within said tract by proceedings at law or in equity against any corporation, firm, person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 17. The Architectural Control Committee is composed of: Alice Gonzalez Boise, Idaho Adan Gonzalez Boise, Idaho Larry Van Hees Runa, Idaho A majority of the Committee may designate a representative to act for it. In the event of death or resignation 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 representatives shall be entitled to any compensation for services performed pursuant to this cove- nant. No Committee member shall be responsible for any violation of the within covenants and restrictions. At any time the then record owners of two- thirds (2/3) of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its powers and duties. 18. Should any covenant contained herein be rendered invalid by judgement of any Court of competent jurisdiction, such invalidation shall in no way affect any of the other provisions herein contained. BUILDING RESTRICTIONS AND COVENANTS - 4 yYx y� 1 a Sr t i- �4 n 0 0 IN WITNESS WHEREOF, the undersigned, being the Declarants herein, have hereunto set their hand and seals this day of June, 1984. Adan Gonzalez STATE OF IDAHO ) )ss. COUNTY OF ADA ) Alice L. Gonzalez On this day of June, 1984, before me, the undersigned, a notary public in and for the State of Idaho, personally appeared Adan Gonzalez and Alice L. Gonzalez, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. BUILDING RESTRICTIONS AND COVENANTS - 5 Notary Public for Idaho Residing at Boise, Idaho NWi Ft .4...� >A ,F b Y y, 1 t •r r. YY c V-1 RPM, PARGEL R75MM305 NAM1.1 / AD1JRE.SS' EWING T101JOLA::.' M & FA`fF-. 3784 FARWOHT PL MER101AN 10 80642 LEGAL ORSCREPTION Lom 5 & 6 ELK 4 SETTLERS VELMOR SUB #1300 100 #84008W PROPERTY ADDRESS 01001 TEARE 0 0 GU,y,,e.�,� Gr%�z%�,. 300 00� 777e 617 ii 10 COM AREA - 0:3 TYI-*"[-. (-47Y MKT VhL. LIE too I LOW-) 17 -NT M rOTA1 ZONfNQ RJ 1 1000 ACUIVE ++ACTIVE++ DANK JR AWC CODES MINMTENT '1 AX YEARS GB FXEM HANDSHIP 2 O.L ICHANGE FLAG Roll? noel' A a SSE§ ......... ... --------------- Ethic cc 0 11 Y'v ®r',1101f'110111*1'�-, bv4 Tp * ilk Apsh I'M S. A-11110,�1, QMj 2 10Z too gV116"M 1101111"1111 'T WIN! 0 �noo m-svow I NOW'S 15V 01 V-1 RPM, PARGEL R75MM305 NAM1.1 / AD1JRE.SS' EWING T101JOLA::.' M & FA`fF-. 3784 FARWOHT PL MER101AN 10 80642 LEGAL ORSCREPTION Lom 5 & 6 ELK 4 SETTLERS VELMOR SUB #1300 100 #84008W PROPERTY ADDRESS 01001 TEARE 0 0 GU,y,,e.�,� Gr%�z%�,. 300 00� 777e 617 ii 10 COM AREA - 0:3 TYI-*"[-. (-47Y MKT VhL. LIE too I LOW-) 17 -NT M rOTA1 ZONfNQ RJ 1 1000 ACUIVE ++ACTIVE++ DANK JR AWC CODES MINMTENT '1 AX YEARS GB FXEM HANDSHIP 2 O.L ICHANGE FLAG A a SSE§ --------------- Ethic cc 0 ®r',1101f'110111*1'�-, bv4 Tp * I'M S. A-11110,�1, QMj 2 10Z too gV116"M 1101111"1111 'T WIN! 0 �noo m-svow I NOW'S 15V 01 5 N"psyn V",� JMWM&� 1 OWN- — - 017nMM 7 7� an r, MR. A M� 14 1 ASK , PH M Mdi Ili, pry". oil an- v 'M FRI 444 MP, QQ NO pit 8� -� EWINfj /)0U6| -AS M & FAYE � 37O4 FARLlSHT PL MER[DlAN [D 8361-12 LEGA. DE%CQ[PT{8N LOT 3 & 4 DLK 4 �ET7|FR� V[|1-0SF SUN #1280 1290 C #8�0A949 PROPE�TY ADDRF�� 01923 TEAiUE GOOE NRF -Y) 0 MA TYPE AlY VAi'A l\000 [OTk| 1J000 ++ACTIV[++ TR' CODE3 DLL]NAiiENT 7AX YEARC C8 EXEM H/�kDSY/IP 0110 Ar O4 RCFL S1i(»\3i18ii / ADDRE�� HAW7 RN.FTGH & Dl8OW 530 LILi|E HERON MERM(AN [D LEOA^. l)E�CR[PTl0N PAH ' NE4SW4 CEC (E PR0yE�TY ADORES.S' 00000 Dii|F HLGON 0 10. 0 TYPE QTY MKT VALUE 120 300 CNT N F(\lY\.L ACT7VF mm DANK TR �,EC C0DEC FL8 DEL}NQiU]q-[ [A% Y[ARC CD FXEM HAR8!-)'HIP Rl|1 /`7943 00 PROPMTY ADDI(ESS 00530 BLUE HLRUN MA TYTE MKT V0).UE 0i0 2C.)225 CNT N 100 0 1)500 i90 31A 3�400 320 i700 ++ACTJVE++ DANK TR SPEC CODE� FLB DELINQ(|FNT TA% YEARS T(TI AL 5y�25 Cl-'.. E%EM HARDSHIP DT|l 67942 84 ~ NAMF / ADDRESS TALBOfT LYKF W & ROMA B BOX 222 JO[lDON VAL}.i�Y 0R 979i0 PAR OF N-4.�:W4 SEC 6 3N iE PROPERTY ADDRFM' 00000 MA TYPE QTY MKl VN—UE i8A ,7i 1000 CNl N TOTAL +iACT }VE++ IR CCIDES CD EXEM HARDSHIP Rl|]. 67945 Ron - sly MA TYPE QTY MKl VN—UE i8A ,7i 1000 CNl N TOTAL +iACT }VE++ IR CCIDES CD EXEM HARDSHIP Rl|]. 67945 or All N- MER[DTAN [0 83642 LEGAL DES[R[PTT8N PAR 08900 0F 7;W4SE4 SEC 6 3N iE #8367104 PROPERTY ADORFSS 00O2,1 E FAIRVIEW 0 I.M. lYP[ 0TY MKT VALUE 0i0 24,01, i6472 CNl N 100 .5(/ 11500 3i0 27100 ZONY1\113 DJ +.: ACT ]VE++ l8TAi 72 CD E�EM HARr)JHIP B(i]' 67974 SIP All Z7 NIAME / G:IN7Ai.P.Z ADAN & AI.Ift�-E HYNSDALT. BOTSE TO LEGAL rtFSCRTPTTr)N PAI -4 "N-8100 (IF N144.1.4 -A SEC /.-, ::,i4 tE PRIDPFRTY Af)'rRRSS C)0000 L C I ID 1. 1.3 N 0 V E 0 MA. GFITIP. NREA - 0'.*3 TYPL VAL.JE �oo 5. 00 ciq,r t4 +-:ACTfVE++ L--'t-^)IqK *rR, -'I--'Er. CODES Dl-*L.fNi.'-'RIENT rAX YLARS 1 2 1. vo'- I TIDTAL --1000c) (.*.'J-*, I:: X EM HARE c.7H I P zo1q.*(I\I(; I VE 1-4. AG PARCEL t k 0 6 4 17 8 10 MERIDIAN q: CE ern BOX 1727 BOISE In 03/07 LEGAL DESCRM(ON PAR 17800 OF NWISF4 SEC 4 IN W PROPERTY ADDRESS 00000 CHATEAU 0 .MA CODE AREA - 0.":: TYPE QTy 11KY VAI -JE TOIAL 5450 +1 ACT I VE ++ BANK TR SPVC CODES HE DFUNQUENT TAX YEARS co MEM HAROSHIF BAKK 67969 ZONING DJ ACTIvi .C!«;Nq' 1-: L AG 0 2/l7/84 MA PAR[M =7267005 COPE ARRA - 0:3 ADDHE,;>< TYPE ATY MKT VALJE |HWFST [NT[RNAT[ONAL DEV 2;00 120 1800 ~� 44 SMERMAN KD (:NT N MERWAN TO 83642 LEOAK WCR[P7lON LOT 8 BLK 2 ' 'MER TDTAN P|'ACF NO i w/B PROPERTY AODRFSS 000(/0 T0l0U +,ACTIVE++ BANK TR SPEC CODES DF| }NQi|ENT TAX YEARS WEXBM HARDSHIP BT|). 38617 � = 5r{ .�s r�a a F'Ar�, R 7 77 L4:.!0 ADDRESR % FILILER NORMAN F. 1_ R -,LI -F -i I /F _I .IX I MERIDIAN ID LEC01. CIESGR(p*rjojq LOT I TULI-If 5, V(LLC)f*.iP SUR :0802'Ji29 PROPERTY ADTIRPSS' 009.." (.) C.I AIRENE 0 MA is TYPE OTY I"ii*..'*f VALJE .09 :-4000 CNT N ZONINO iill 'roi AL h C."Y f VE 4 .11 AC -11 I VE ++ BANK TR SPEC: C.'OLIES DI:Lfl'%Il*-'-RlFNT TAX YFAR� (.'*L. L X EM HAM.'03H I P C* I - I A Iq ci I -- F*L Af-i LEGAI. T-117SCRIPFI(ON LO F 9 OLK 4 SETTLERS PROPErvi-Y Altri"T-r-SS 0 104 I-EARE Z ON f 1\113 R J TI.-ITAL AC.,I WE 11 Al, 0 0 Fj ++A(*.*TIVE++ DANK TR' SZPEC' GODES Ell. L f rAX YEARS -, 1, CL -1 I X"17141 HA50"ISH I P 131.1.L !J0611 '51.-.'HAN1.;E F: L f-- 15 3 A `w -gllr qtr Z ON f 1\113 R J TI.-ITAL AC.,I WE 11 Al, 0 0 Fj ++A(*.*TIVE++ DANK TR' SZPEC' GODES Ell. L f rAX YEARS -, 1, CL -1 I X"17141 HA50"ISH I P 131.1.L !J0611 '51.-.'HAN1.;E F: L f-- 15 3