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HomeMy WebLinkAboutTaylor SubdivisionMeridian Ci Agenda 5 Agenda 6 7ey � y Hall .3. July 2, 1979 CONSULTANT REPORT (Cont'd) Gary Smith and Jim Coleman, J -U -B Engineers, Inc. recommended payment to Rodd-ing Cleaning Machines Partial Payment #7 be paid and release retainage under that _ contract. Contract will be continued in order to get repair work done. This fs an eligible item. The cost to do the seven sewer line repairs is $10,850.00. A deduction for some work that the City did in repairing some service connections that they broke off is $645.15. The net amount on Change Order #5 is $10,204.85. This is an authorization to do this work under this contract. The State guarantee's that this is an eligible itme but cannot guarantee that funds will be available to reimburse. The Motion was made by Bodine and seconded by Kingsford to pay Rodding Cleanin Machines Pa Estimate #7 in the amount of $10 204 B5 and accept Change Order #5. Motion Carried: Kingsford, yea; Brewer, yeas Bodine, yea. Smith reported that i n Settlers Village Subdivision the compaction of the backfill of the sewer trench that runs down the right-of-way was in question. This was discussed. Smith stated that the contractor had complied with the requirements of the contract. DEPARTMENT REPORTS Public Works Supt. Stuart reported on water line trouble on East Carlton. Stuart was instructed to get cost estimates. Fire Chief Welker had nothing to report. Chief Sherwin was advised to get bids on the 1976 Ford Torino; apx. 98,000 miles. This vehicle has been replaced with a 1979 Dodge. Wastewater Supt. Ward reported that FutU r -Ida had been tying into sewer line without inspection. Williams instructed Ward to contact them. Bills were read: Gene Wright and Don Leavitt were present for input on Jensen -Lampe Annexation. There was discussion about the Piaster Plan of Cherry Lane Village Golf Course. The Jensen -Lampe Hearing is set for July 16, 1979. The Motion was made by Kingsford and seconded by Bodine that the meeting adjourn at 9:40 P.M. Motion Carried: All yea. ATTEST : �j� _ /./) AV;t i nq Mizyor r ° ru4 r ' ' t' r I F January 17. 19'77. M titin' called to orde byte Cha rman, Willard Rowley at :00 P b ri r' e Willard A c wle A et e H riche Jim Hoff i It was noted that th re wa3 novrum resent for the Co ssion. F o® a tending the m®stir; t 8t P.M. were; P` mol Zan and Madlyin Plani Vicki 'Sto t pr. Claude Brown Mr. E.'H. V, atson 4 ;. H k o t Vernon Ta 1 r H rd B Jenkins Aubre K' mith Theise lie oii -,were s rat i to a s ecial Zoninp, and I lamir g meeting � P M on slanmg= 2 in he rehearia mogtiM the nember Ei prest d lS s@ uture- da Co Silimision # I '' Ti1 s on,. 1md foz merly mmed by V l L I lorgan, and Marilyn P Last all, Lm4 on Overl,2nd 01 t Lt thejouth N t int, ol ZastUth S I �Xtp end g. East and South From the Rail r ad,; -' No action wad taken'bectuse t aere w 3Ls. no Quorums present. Thnext'regular meetingis s hedul d for February14th. hen hearing on A Inexat on will be heard* ttteS W4M { �il V� ity 03,erk PS � t eel & Z Commission;Mayo & Co cil; ruce;Chief; nrraiL Taylor sub;Plant Property;PleasanteValley► Sub;r, Aubreyr`',ft th;Locust Grove Industrial Park y ttest: Chairman _T Special Meeting called to jorder jby Chairman, Willard ovule Members present: A etteiHinri hs; Jack Barbee; Jim Ioffm n; Drl Lee Pulley Otyers present: Robert Ed or Aii__ Bob Mats Bro ar n ; Stanton Huffer; Ver on T ylor; Vicki Stott; o ie Ma son and yn an -its Denny; Future -Ida Company Subdivision A located in the Tayl r Su divas on which `was.:' -s i9cusse . The Motion was made y Jack Barbee and seconded by Aniette ULU pro Jec file= _ wp!e­&�-- �. — 1` o Fire e s —recomnen Hinrichs that a ons. All -yea eas e j --_t -- Morgan and Marilyn P ant gropert lying 1/4 mile East iVorth side eX "en ing �5 ane eeway kOver an can Zone change - parcel two (2) and three (3). of L-nder n Overland on Cern dyj r ques ; or — _ - The Motion - was made y Jack Barblee that the question a de erred -Motion die aof-sec n -d --to o ion. j SUZp-st-ed-t-h-at-rd-i--n-u-tels- note the Mountain View propert adj cent, s zoned _ ----- Commercial, also than County PlAnin and Zoningleav -t g s th City in a - -' -- -- - Z _ po5itiori, __..I - � --- -- ----- --- I TY�e- to o was ma3e j►�r- Lee -T ey thaaY_t_P 'anni - - an Zoni g Cormnission - -- - recommend to the Coumlty Planningiand Zoning that zone t�compl�ti`on "of l�Ieri�dari Compreiensive P not e changed subject by an, seconde il-yea:---Iul-otiori-pa� sed-�- im Ho furan. _--- Plea54n_t_i a_Ue *�Zub ' 104ted ius South cast Intersection wa$ discussed and presented b rove at the Vic i Stott. The Motion was made by Jac C Barbee and seconded byDr Lee Pulley that the _ Pleaean_t Valloy . Sauhdi visi=- be - d hi ed. annexation, 11 yea: Motion passed I Vicki Stott re uested a letter from q � � sour the Planning and City onin Commission -Clerk) stating, -reasons -for enia-1, j ub:�ey_ Smith _P.Ultiplek.._Prop'osal.-ziot--r"reFiented - I,Industrial- -- -- The__L-.ocust_Sarove. r Parks located -Beast --Of -leve}=- ---- -----•--- (extending East and South f*om thl Railroad, Prelimi di�aru]�.Gim y Plat was presented Tedication Hofmantmada the motd * that the PreliminaryPlat be -bo' a cepte with road t ; y Tines -in place and n paring o the street; I ion seconded by Jack Barbee, j j+ 11 yea: Motion passed. I _Next -regular mee tang_i-sehedu d-fsr February- nnexation will be -e & - j ttest: Chairman Mori Cl, an Planning and Zoning .2. Jin Stubblefield pro�entec� his 1�roposal Nor thgato Vil 7 I1d`JbhtliG�titi� � �ailil IJ �CYfSj)nE + ., U`i alyp q°h nam n type of c�om Y1 en V d�.=A1 _T11' `gyp I �pC: ��," or, 19apli,o a j) P31�OSaY- rOpO.Yl iiilai-n— the traffic. re', 3 ! 6 Su Lkrl ld? �1 If lc'; 'EI 12? Scl,� c 3 S Sc? `JU --app ove d by District He';. l0 -The c is ; addi r i oo1-1 . on W+K-r,c J d }y 1 .1i7 l) j u _ri :E11 g, a p Ou g -11-1 i fic =r.xeYZi=L,`I;CStf�.'—ixlt, I l� TWO O , o 19 units p� �-�� �, r� e c-csigr a - 1 0 5 ac ren in ih, _� —j- _ L,--nysn —�.— e ,l`! Go-ita� aier; O` Z I ir,1's N �51eje 1� Ii'� i15�1 tC4 CabZ aG�' - -chp9 n link n1 fence e rel to bq pa oYi Idod at s ltc gic plop end Ull be for the R(J�`3 Hr. Ho mon suggesteI� .hay �,he �evelopor should plan ('IS:o . -- I--+iaja 11it11 1�:�.ir� C�rll_E'� l.T +"._ Tian - �.. July 18, 1977 proposal 0. -y Voyielos 10 11 OPRORY along MOST-- _ � `_ 1 gC f [il(f 7-SU2O52 55 �F 7'i CO SIL /t' it C C I`Ey ( 3 I '% t i� } ' Cv l SiYai it 30 units to the yp __ �I��h,zjcv��sarxd paal��a�g lov SIS S101���ya c1 ��a�l� Lap 'i© UI�I L, in t �_l �, ;1ao z C I -- -1 3�,La1)F)I-efi cad i s '.o r 4°C�esigI n ,hA s pr opoGal aad oom back], a� tiimis- Lr+ th �l 1-0 "ni_ L -per a,�,v_ o d4- s ty for his proposal. I - — George Davis Subdivi h -on �ome up next, - --- - — - L r `"n' -j l4lotion was made Do r _ - � -- _ - recommend �y )_ aha axlcl ��oxid�3d by Ann «aro ir�r.i o��+�� �h� _ 1 I- ( OPl miso9 ori � to l,l` e (°i Q Co"nci l that at the C°C f'd s"i dC'rY' a L?. O.'Ifvl 1t� Ada Ca Ell Zoning iI d ` o GhC Conn i;5� Comm d ss ®� O �"dS r i,e o� t e Davis DLi13dw, kion Ye Oppalovod b�caLa � phis ap �ars t® be the o�� a�v�1 use iFor -Fnh;s lund, ---- - 146t ra c - - -- -- -- --- opac�.,cdo i X11 ank House—was-presebt to Chi scuo`i his Future lure Ida Subdivision A in Fig rv-� ialhf v2na� ,1�Lo j r.r'Irhi__:,��-E? �nlln�a�� Ilnr�o��o FaIlriChF and seconded_1j, e�I�ai F��s7ti �F3 U1� T ' � Notion was made 1 t _ x+ ra � i _����: mis ,SLvbd� c � �l ��, Pltar�� o the � x �; ®Lair , l lfl a� � I�4i _zar Copy as AM paissea; 1411 eao 1 ��, "e being "moo otFle bLas�.a,.oss Como b4� opo the Col'�inissic '�.��c ���� +vim I , i In11'itIan — r�9 Y Clerk I -- I-- ---- --- -- 1---- - -- -------------- --- ----- MAY. -22' 98 (FRI ) 10:15 HAWLEY TROXELL T.rw riga, TEL:208-344-6505 a 4 s 3 I P. 002 -n C CIA gn �• n�'i7°o�C '•°� w� m 0 a o k -vi goi N o Z x Roo �6 z 0 r xi+ 1 j l I I 9 f i i J 1 y -City 821 020 Septembe' LILL Roust 4 gall reser the gas �c sera ��e corner s&a >o� 6®� s° a le i star lII e 1 4des�,'� 1 6 �• ai'l COs L eisman questi®n ®n 3 0° tile for Five Mile Drain g would rail f er has70 -On pile for the installasion. p'he, motion was made b Jo Nav ro and secog�ded bar Ke eth Ras�a�xsen �,:`; �. the Leisman subdivisi n be allo.r d to rase 009 rile in ieu' f �6Q9��, to Written approval b the Nampa — Meridian Irrigation Dist ict eJ',th proper manholes in th cov rin f Eight Mile Drain. t-otion passed- John avar o9yea Kenneth Rasmussen 9� 4� '7, -afl �S] ��n � ���`� 0 �9cY �`'_� i, Rich d Wa liams , nea , �� of . letter from JUB was read conce ning the flood plain e,, T is ;! I — .pith these minutes. 7-77 irclo K on 522 fid. Ch, rr Iane r u est t0 haeme r ti®n in a "C" zoned '�°ea. { f Fern and Roger need t -afet�y loo at plans for set backs and c®nf rma c to. codes. No council ction taken, arman Fuller represented eridi Greens Thomas a and 0®tet. il mer Johnson discus, ed t e matter of annexation of these roper"Hies, tating that the City does not h ve a sewer area prob fflo rt is 1n .v afia djacent Overland are.. Manned area. – T is an --- exation is not in viclatio.8 - ¢•.cit' Qecr�r e motion was made b Ric and W llgams and seconded b_ Ke ; nth. R f"II4��"iSek3n ;hat Meridian Greens, Coun ray, ucd Thomas property be sexed In the notice of anne atio and oned "AP0 residenta�l .tion passed- Bodin ea° Nav - -- r® ea° Ramus e – ��. D_-- p n ea ° Ejilfl 3 ams v ° a. i, Sills were read �'be motion moved was made Mar in Bodine and second d by sennet Ea�s�, >hat the bills as rea be love o -----� Votion passed- Bodin ea — Nav ro ea° R m D� a as ussen e - ° tJil o i►a. ear �- --+Arestwood Industrial ex tion 2 has a � problem. Lr. Dale Fisher of F ties tee spoke to c� arif�r th road aitaaa ion. Lt was was noted that a p blic hearing is schelduled f®r eptem er 12D l97`� C o ®ad sit�aati®n was dg crass dD r. Fisher and is not t 's should be worked ®t b� teats ®d and i yyy a _ t of he annexation atter at th;a tim�o b y■ i` t ! y -i- 1o1 1 - -- - � +, Scpi;er+Iber� 12, 1977 �?h, _e 0021+1 Ci'�1l +1r t I i e };UC3(C G CY1 tI1G F j Z e DEjDLa, l C1C111 0 i ; are siLdiiva P)ci'n� t i 1 3e i u " i nd i`und; i u ull �rg e I the I�.ir c �ic�3'%i0i1 iritPl la scoonLl ,;l;ory o be _added -i CJ�1U1°e ?s -1urldinl; r�r�ol11 t�ecei�ll z�Uic1 �A 21 Yo Earshall -'L'ull c i 1110 s bciilg considei ed to beeir(-in G-; ' obci at ��i 0 1in_Zl Cl,} :,k3oa,oc, 1->uy i�1011lllo ile L L:L'c Marco poJji le f �nsld0 -'dolls IJ110 L.1 e Volun eet I it crilcYl acid EuLu ludC-cable os t'lh{ ar'ea The }EdUa',-.1 1'±r'e board arch epal^Gd tG� sl2ai'e th I e d°:j)G'i1s�'S Vitil a Veh1C 1e 'G C) t)x UV1 e Ilis 'G11mas—pur-k;Ll-clon 1'a'o �Jilli >,Is discus d the 21lodl� �rc��tioll o I cr rlspoY La+, o lalnir�g b do�t�� arieso 113 ) +Jl:�� -1_ 3 GO C�1,1'�Y'r,L�tbc T.- t:_CY? E,'Gucly bound 7r i <z 'Go �3I1Gli?Gt0 OZ Ida Gowl-L i118r;cad o1��F,enilly ai,ou11d Boise Gi ty � - tllei.r hope th 11 Lilo (! , iy i�I'_ll adopt a resolution to E��:t_alid �Oie tra3s-- + s to'Gi oa boulid ).cy, reed by 1"I 11id_la_ari L l 1 i s oil File frith �thesc � itlu$oso Lo notion 1, -as mad til I�c-11}lletll +.sisrilusscl3 old :econded�bf Jel7r1 Tdae�a_-lo •i;1aat 1-ila GiJily approve the o: q)Lui�IAon o the Trn�irl;iro_otatlon I111 nnj ng Dol.yl2ri_ ary to ludo all 0:, Ada Gclu 'GYo 1 14o'Cion passed.r�ocPi ll , yea; I��Ivarr�o., yea; Rasmul sl c_n I;�ea9 l� `A `i ares 9 yca� i 1 CJllliaids tras Eivez authority' i,o atterimti to gea thf. water 1.owr tcicen douu --- ,.:.-, nl -i-r �- 1 "- �zr r* i `l_�', 7 ter• -v�lr i vl r� `1 v ii_,r r.ha j dIr— exon 1,egional Planning 11 "enCy �-o list this tower as sur p1�usU �ffter the new C (Iy 'i n__. i 1 'a12Lj J _y nl_ —i ` rel nib r r I SGIYtti['i discus cP thc; 1,,te.r lines to p:11c Future La _j oplieil`; TiaL. �+ f 'moi ;�la+� Pi�•� al�li t� 'eCLdlAra¢.11d _ alrl 11 Jlt1i locaGioeis U1 hydlran. Ilotioll was made Ley John Kava} -1.0 LITIc1 seconded b f ��r>>1nctl� ltasra ssen 'LhaG - �i-�;,.tr�l I.).;�-_!. ' -+' �.®aka]L'K�.d-IjG-19 ®_� IB-?I-�Q_�_-,.�;1 y„�F.�� d F�iTe- ll i ne -1�ai c r� 1 lies +� 1 S it hydr alts lova doll in the vutu i da T avelo w)t,lcn i i e'1)� �i� ran+ ;iilir�i_3,F_I ? ��-vl —1-oca 'd -:-i11 GQ,ii Lotion ha,ssed., 3"Ain : ,- yea_; Pdavarro yea; ldasrnu°�sel1 yea; kil_1i� ns yea. �l� Cr�o�cs coil �1l r� c 11i c a co','- LLl at tach-ment t!lat sPiovld Lie acted upon c e ' . 2? of to al-lnc'it_l lid ai l)j'O1) '1 ty across 11-110I'r'eevray. -fills 1C� LAel ".s on file wi t1i - — '610SO 1112-tti-Ges UI a draft G iy oil,ir'ecoiimendatlon of t ' J -U -M ILag++neerso I � -- - ---- - - ---. - _. - - --- - --- --- -�—I ----- I ofcl voauL l,�)�� G0 I frac I r• in baci: yard o_f 51 �,o i; daho spamo up again, iiic, a uus ausocl -by l c Udi11-g Cle 1 1 L�1g P l lc;h.irlcs. wasd,h�u hl by thy! t gat this was in a worl-ing ,ase -rhe_ area Of the --1d s ci : lilac„ ---,r- }- - tl'co r°eierrcd to had k,, oun into the service line to the house as well as -- jcl10 SU00i' main and 11 eded ��o be '�°emovedo --- i!is master will be i esoly �d by the J -U -B Llgineerso � -� - - — ile Fioti on eras nasi P'y I i c ?ard L°J°J}; lliams a11d seconded )y IIa�°vin Food k�e that hat3� o Urdu, C oii r )c c F i n j�he anlou��t of ;S220or�0 for luaric;'_y ct services -- - o-.-c� Quinn F�obbi nU Cori Py �)e -1 -) -oved�- - - Hot -ion Passed. 130di113,, yoa� Navarro, yea; Rasrnu,l scl1., yea; Ifilliams, yea. - Counci1111,ul r'cm a kec that the E Iyor could f;i ve a r a -dr+ o. �'he Iiay o �naslced ai i his point- that he did not bell ev 1-r�I!l gave array Emy laor e f ?lee radios --- A.eridian City Ball • --- - -- — o�0 137dUU'Jti 1y ��(( Hank oust, represent -n" F tune da De relopment, came befor the Council to di sct s his development at 'Peri. °.an an es ran 1 zn. There e were 18 items to be a ,mnJn d,, T est; items ar:jeared be con list v�itl2 p prose Lng or. r.inanc an d as the developer p nee e opose to , Th's ve va.ri.a:�ces or spec ai�p rmiss on o list is an file h th tivi se ml utas, The d veloper, Lx, Foust, ss -are the ovl-icil that all itme rro• d be orrecteda The ?^T -ror recommended that when he o'nts have been clarif ed d cor ected, apnro hard e T e i'Tonsu o the Cites can tr .inv= nF,a.ne,rs an umner-<.00 nso o ��� �lgns e -� n .act pdevelopers ro .sal eth Rsmuss,n and seconded by RJ hard Willi that The Y tion was made by Ke ru ur Eng3x� Ida r1 be annrove ers and they have whenI the r�co;�raen a -.ons ave on a cep e y w signed tie har copy. Motion passed: Bod' e, yea; Nav rro, yea; Rasmussen, .yea; Will' s, yea. Bob H lgenberg, represents r APA, was resent to explain thAr estio in the ompr hensive Plan and the City Oo in i n ,, with Amembe . This atter is to come uV I ate I n the meeting• when iiTr, Be i eoso ® th County Commi - sioner, trail]_ arrived I e 1,I , or read a lettO n -- e! - - ,; — ----- -- J � r zr m they L1arlpaf i.er�dian Irrigation ?str cwt co cerning Cher i�arae Vi.11ageo�n the matted of_irrination water for t e Go . co so project the �T, pa AAeridian Irriga.t. on Is tlzrea ' Beni ng to hold u i un 1 ma r I so ve I o _t t_l.T _Ikon- zd_Leavitt dee el on r about the 1 th of August to disc ss so�e ch4i,ges in the land use ue resi ential st ly n g , n Size--1in -Q r _of Che=" _Lane VI I. A. - The C tY Clerk is to set u- a me- ti n� 7, near the 10th of A ipust as po sihleo _ I Wayne Crookston reported t' e pros;ress f the Sewer Basement . T ere e a few I� -fro 111 a �'ra -- he .: or stated that file I i. rice r�rod,c'c•s save a ;reed to Lel anne.:ed an t will --- pi�o:Ji e -easement of se re_r nd ^rater acfro s their nxonerty. _ The C t-, Attorney is to pr teed ritht [;'_n ; the r�amice Pro acts to re nest Anne_: t'_on and to nrcc_eecl �orrar�� Anne 1 to be m de -- - - _ - —_ � �ion�_._Cont�,ct i� h Louis Hoffman _ wi the o e that the �:ia;%or had `cone: cted this matter. Also, Lorr n San o might be - ._ con'ua to d.-- -- Uayor Storey discussed Che ry P aza S_ppsn- Center, They esir d to rovid __ easem nts for sett^re it .ter i a,.nc� __ eau -e- eii nPs a_s tne- The T,`_ for stated that the �e��Ter ;ras 1 id in a improper m- r an cowl cause l 91bb a tPr , ThP S�i_�_ 11_hf?l l P .�' th p n The �nnfo City tion was made by Kenrheth � a,smucs1en and seconded by '111vin Podine that the rm with the Engi*eery reco:m�ncia-ion_ and not si or a rov the easem nt for the placements of rr ter arld sewer lines for Ch rry aza opping Center and insist on the lints be laid a_t the spec:a—icatsan e Ci before _o accep ante. -- �,otion assed Bec1i e 'r i';a aro R�sm _ -� _ < y <� s mea° Will'ata8 ea,�, r � Meridian City Hall • 1 F/�wzo .2. February 7. 1977 the two factors even out in the long run. Somebody is bowid to suffer either way. The Mayor stated that there is not really a moratoriun but thgt development going. This area is nee s to be curtailel until certainly more Comme tial weind where the City is than -2. The Motion was made by Marvin Bodine and seconded by erne h Rasmussen that the recommendat ono by the Council in relatiori the eridian Planning and to the Pleasant Valleg Sub .7,oning e s stained ivis on an that the rezone request e e ie . m-0-ta`on passe :o a e9 ye ; avarro9 yea; asmu sena yea; lams9 yea. The Future Ida Compaly Proposed Development came up f r di cussi n. There was no one pre ent The Fire Chief stated that o rep esent this propos he felt there should be ad oust n the sponsor itio al access off Meridian Street into the proposed He felt that adequat firp development instead hydrants should be provide of o yon Taylor Ave. i, st eet nknes and numbers continue through the grid J -U -B Engineers have reviewed as is. the proposal and listed the �orrections they thought necessary. The Motion was made by Richard that the Engineers proposals Williams and seconded fo change be accepted f y Marvin B dine r the ght lack t the Planning r ch ges requested Future -Ida Company and that and Zoning Commission at their by the Fire Chief and Engineers. the tentative plat be bro next regular meetingf Motion passed: Bodin I e, yes; Navarro, yea; Rasm A parcel of land loca6ed sen, yea; lilliams, yea. between I-80 r, involving a request d ZoninR Commission The Plant matter was discussed. and Overland Road apjiroximately for rezone from D-2 to C-2 /4 mile East of Lind Commercial. The Planning had requested refusal, at is time, The Motion was made by Jo City Council sustain the r -request Navarro and seconded by Marvin for refusal to rezone Boditt that the at this time by the for rezon , in the of Linder road. sen ea• illiams mea.__ lat with the road to and no ark neon the John lavarro that - st Grove Industrial Park te City Council and tccept the tentative yea; lilliams, yea. Planning and Zoning Commission matter of the Moran Plan Motion passed: Bodi and refuse the request prop t3► on Overland. East e,_3e • Navarro ea• Rasmu — Locust Grove_ Industrial Park The Planning and Zon ng Commission to_the b 'und tentative Plat was Dreseited. had accepted this ,_wit _ drT lines. in place Bodine and seconded by __tent ive_ lat _ for the Loc ----extend _ __eas_t streets. The Motion was made by Marvin in the presentation of_ t -h _ ®cated east of Oaks Ruad, sustain the recommendation plat subject to the (hanges Motion passed: Bodi south of the railroad tracks, of the Planning and Zonin they recommended. e—,Yea; Navarro, yea; Rasmussen, 6 - Meridian City Hall ®20 i March 7. 1977 The time of public h arin� came for the Bovine Annexations of -ae Farmer's Club on =ardfxom t Fr klin Road. These was no objections those in attendance at The Mayor read Ordin ce #299 entitled: AN ORDINANCE ANNE AIN REAZ PROPERT WIfI FS IS LESCRIBED AS FOLLOWS: A PC NE 1/4 NE 1/11, SECTION 13 TOUN HIP 3 NORTH, RANGE 1 UEST ADA COUNTY, IDAHO, TO THE CITY CF MERIDTAN, WHICH PRO EWT1 CONTIGUOUS TO THE CITY OF MERIDIAN - ICDA COUNTY, IDAHO, The Motion was madey Ri �hard Villiams and seconded y Ke that the rules and provisions of 50-902 and all rules requ be read on three dif erentl days be dispensed with and that read be passu and a proved, ---- - - ----- i parc.1 of land West .e meting, NG A_TTD ZONING ION i)P THE N6°J 1 � THE BOISE MERIDIAN S AD ACJ�4 AND eth asmussen ing that Ordinances rdin ce #299 as Motion passed: Bodine, ye-; Navarro, yea; Rasmu sen,lyea; iams, yea, Pr`ro Kenneth Dye aloe with Dewe- l -fells and Virgil Ph' lips were oresent to represen ore art: i zrei 144ob e Home Subdivisionfl o dis uss t:ie replacement in the Subdivision easement are where A & C_is atta it to the City wate - -- Ines anf s u zng o erg` �e.v z� for latex^ connectiol-o They do not indicate that they are going to replace ences_ The Nayor will talk to th' s' con Tactor to get them to leav3 the and in the -- _ same condition it was_whe they_ cama-to--it-far-canne. tion The question was asked if this rould lower the volume or pressura by the -- - ----- InulLilex connecting . to tis live -,__----- The Mayor stated tha r the !wa--erl i;nprovement pro ject ould improve their pressure. Hank Houst was preset to discus the Future -Ida Development of the Taylor -- - - — �; s� � locate iso , Me -r iaa Street a�ad Taylor Aven e, -This proposal haSo�.e_be_ ore the Planning & Zoningommis ion a._d. the recommended approval oft e concept preliminary with �Stree is mov d and an _ -- access to Meridian -- --treat - an -- th- a,de -`A ira_-amu I�r_ ---- SJ', Roust showed that he as sat.'_sfind these request i The Motion was made by JoIn Navarro and seconded by Marvin Bodin3 that the _ Cit approve the-preilmin ry. conc-eo� p�� ®f eche F t m -d Prov sal and be accepted. - -- ---- --- - --Motion pa- }Bodi eg yea; Navarro., yea; Rasm �ssena yea; illia�rs� yez 0 Mr. Teare wants to sell the 1 are tracts with the sanitar restrictions o Fie mun_Yy n� This would mean itseemed that Pr. Teare wanted to sell th lots but the purc haser'-m-i-ghtin tat he co _d_n__oE wildon hem, These structures would be cnom built along a County mpproved roadway irithin the origin u ivision as J°mo y. Both L1r, Bodine and 2.r. William, stated that it was c earl stat ,d by the ----,--.,-Both n -y 5 c_cr_e tracts were desz Planning andZoning City Sewer is available. _ha ed an this area area u ti: Mr. Williams stated that the tlid course - City ompron o -- does not desire to king post ion -CRe- allowing further division Pign the short Plat for - -Mr-. Ieare- because o have not favored their origir�a_ j acre cone, y an anAin­­and onin of lands from the I The time of public h arin� came for the Bovine Annexations of -ae Farmer's Club on =ardfxom t Fr klin Road. These was no objections those in attendance at The Mayor read Ordin ce #299 entitled: AN ORDINANCE ANNE AIN REAZ PROPERT WIfI FS IS LESCRIBED AS FOLLOWS: A PC NE 1/4 NE 1/11, SECTION 13 TOUN HIP 3 NORTH, RANGE 1 UEST ADA COUNTY, IDAHO, TO THE CITY CF MERIDTAN, WHICH PRO EWT1 CONTIGUOUS TO THE CITY OF MERIDIAN - ICDA COUNTY, IDAHO, The Motion was madey Ri �hard Villiams and seconded y Ke that the rules and provisions of 50-902 and all rules requ be read on three dif erentl days be dispensed with and that read be passu and a proved, ---- - - ----- i parc.1 of land West .e meting, NG A_TTD ZONING ION i)P THE N6°J 1 � THE BOISE MERIDIAN S AD ACJ�4 AND eth asmussen ing that Ordinances rdin ce #299 as Motion passed: Bodine, ye-; Navarro, yea; Rasmu sen,lyea; iams, yea, Pr`ro Kenneth Dye aloe with Dewe- l -fells and Virgil Ph' lips were oresent to represen ore art: i zrei 144ob e Home Subdivisionfl o dis uss t:ie replacement in the Subdivision easement are where A & C_is atta it to the City wate - -- Ines anf s u zng o erg` �e.v z� for latex^ connectiol-o They do not indicate that they are going to replace ences_ The Nayor will talk to th' s' con Tactor to get them to leav3 the and in the -- _ same condition it was_whe they_ cama-to--it-far-canne. tion The question was asked if this rould lower the volume or pressura by the -- - ----- InulLilex connecting . to tis live -,__----- The Mayor stated tha r the !wa--erl i;nprovement pro ject ould improve their pressure. Hank Houst was preset to discus the Future -Ida Development of the Taylor -- - - — �; s� � locate iso , Me -r iaa Street a�ad Taylor Aven e, -This proposal haSo�.e_be_ ore the Planning & Zoningommis ion a._d. the recommended approval oft e concept preliminary with �Stree is mov d and an _ -- access to Meridian -- --treat - an -- th- a,de -`A ira_-amu I�r_ ---- SJ', Roust showed that he as sat.'_sfind these request i The Motion was made by JoIn Navarro and seconded by Marvin Bodin3 that the _ Cit approve the-preilmin ry. conc-eo� p�� ®f eche F t m -d Prov sal and be accepted. - -- ---- --- - --Motion pa- }Bodi eg yea; Navarro., yea; Rasm �ssena yea; illia�rs� yez 0 OF =117re .y JACK N,cMANN, Cit, Clwrr A. M KIEBERT, Treasurer BRUCE D STUART Water Works Supt WAYNE G CR,OOKSTON, JR., Attomey EARL WARD, Waste Water Supt. KENNY BOWERS FrreChief ROY PORTER, Ponce Chief GARY SMITH City E^gmeer October 5, 1987 • r�� B n� �'Wt',4SURE V, 11 LEY A Cr ,7)t,)d Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor Mr. J. Cornel Larson, A.I.A. Sundance Properties, Inc. 9520 Fairview Avenue Boise, Idaho 83704 re: Vacation of Futur-Ida Sub. # I: Dear Mr. Larson, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chairman Zoning & Planning The City of Meridian has received your request for the vacation Of Futur-Ida Subdivision # I. This request will be on theagenda for the Meridian Planning & Zoning Commission on October 13, 1987 at 7: 30 P.M. at the Meridian City Hall located at 33 East Idaho Avenue. After the Planning & Zoning Commission makes their rec- ommendation it will be published for a Public Hearing before the Meridian City Council which should be on November 3, 1987, ec- There is a filing fee due on this request in the amount of $240.0 which was not included with the application. If -you have an 0 questions, please contact me at 888-4433. y Sincerely, Clerj( & Aminstrator Meridian, ID s � .� AYE (Y September 23, 1987 Mr. Charles M. Smith Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Subject: Vacation of Public Right of Way FUTUR-IDA Subdivision #1 Meridian, Idaho Dear Mr. Smith: Please find enclosed an application to vacate public right of way in the above mentioned subdivision. We are also making application to the City of Meridian to vacate the subdivision and create one parcel. A list of adjacent property owners is attached for use. Also enclosed is the $600 application fee, your Please feel free to call if you have questions or concerns. Very truly yours, SUNDANCE PROPERTIES, INC. J. CORNEL CARSON, A.I.A. JCL:amm Enclosures (3) c.c. Jack Nieman/City of Meridian 9520 Fairview Avenue • Boise, Idaho 83704 •?' (208)322-7300 �µ sm g � A �µ sm g M 1x ,r n4 ' 4 Mr. Jack Niemann City of Meridian 728 Meridian Meridian, Idaho 83642 Subject: Vacation of Public Right of Way FUTUR-IDA Subdivision #1 Meridian, Idaho Dear Mr. Nieman: Please find enclosed an application to vacate the Futur- Ida Subdivision #1 and create one (1) Parcel Of two warehouse buildings. We havemade cansseparate application to the Ada County Highway District for public right of way vacation. P c We have enclosed a list of adjacent property owners for Your convienence. Please let us know when the hearing date is scheduled so someone from our office can be in attendance. Feel free to call if you have any questions. Very truly yours, SUNIDANCE PROPERTIES, INC. J. CORNEL LARSON, A.I.A. JCL:amm Enclosures: (2) �d 9520 Fairview Avenue • Boise, Idaho 83704 • 12081322-7300 '; I t; T 0 APPLICATION TO VACATE PUBLIC RIGHT OF WAY Applicant: Sundance Properties, Inc. 9520 Fairview Avenue Boise, Idaho 83706 (208) 322-7300 Representative: J. Cornel Larson e Subdivision Streets To Be Vacated: 1. Taylor Place between Taylor and Williams 2. West 1st Street between Taylor and Williams 3• West 2nd Street between Taylor and Williams 4. Williams between West 2nd and Meridian Road Subdivision: Futra-Ida Subdivision Subdivision located in the southeast re -subdivision of BM. a of Slor ection 12 T3NyR1W Reason For Vacation: To are foot gain additional land to allow for construction of beuconstruct drovera s' and a 36,000 square foot warehouse Period of'2 years. use to Consent To Vacate: Forms of adjacent land owners are attached who consent to Ri hc�t of Wav Reversion All right of ways will revert to Sundance Properties Fee.•Of $600.00 is attached. Inc. LegalDescription: See attached plat of Futra-Ida Subdivision U LIST OF ADJACENT PROPERTY OWNERS FUTUR-IDA Subdivision #1 / Meridian, Idaho Western Dairymen Cooperative P. O. Box 1228 Salt Lake City, Utah 84110 (801) 322-4672 Lot 21 Gordon H. Ford P• 0. Box 53 Meridian, Idaho 83642 (208) 888-1863 Lot 7 Ada County Farm Bureau P. O. Box 206 Meridian, Idaho 83642 (208) 888-1821 Lot 8 Ada County Soil Conservation 118 West Franklin Meridian, Idaho 83642 (208) 888-1890 Lot 9 Bill & Vern Rose Drawer B New Meadows, Idaho 83654 Phone Not Available Lot 10 and Portion of Lot 11 Ronald E. & Cheryl A. Byron 3800 Riva Ridge Boise, Idaho 83709 Business (208) 376-2171 / Residence 362-2358 Block 1 Davco Services, Inc. P• 0. Box 694 - Meridian, Idaho 83642 (208) 888-5166 Block 2 't}iv ism { 144' f ,1 14 P . r Ii L i. S N O 14 24 V i s .0-0 E /.!a � a 1 M v. o` ' 14.7 a n s 0 19 v 1L ti 14 ~ y 23 20 r M n C� :r O yI • V 0 //sc deo h I//6� � J/►•f/ /l!7 TAY LOQ., A V E . . s /2 c.fs..ts'S.._1 r/!'fI•E. r1Jl. .._ 14 60 -..� 1! W A \ �14 BO I!7• � � IS IS IZ ? 1z 11 W 1 Q W 1 ?; 10 9 ® U ' J e • e • Z.22 - � � 7 �l 2 f0 60 p 1 60 1 ��II��.� A 6 ST. iTV 2 3 4 5 G 7 ® 10 ; p 2 �O• RANK•I--Ii4--R D.- — -- �— S. E. CORNER SEC. l2 ADA COUNTY ASSESSOR'S OFFICE n•v 3-3so rn BOISE, IDAHO 1 ! INVESTMENTS r 4, 1987 r. Jack Nieman ity Clerk ity of Meridian 28 Meridian Street eridian, Idaho 83642 208) 888-4433 r Mr. Nieman: After our phone conversation today I am sending this ertified letter putting you on notice that we intend to pursue protecting our covenants and ownership rights on the southwest corner of Taylor and Meridian in the Futur - IDA Subdivision No. 1. As we also discussed, the owners of Davco Services, Inc. are pursuing some variences that we feel are jeopardizing the covenants that are filed of record and are asking for variences that would eliminate curb/gutter/sidewalks without doing the normal utility movements and expected requirements. We will be following this letter with the formal objections and protests that may be deemed reasonable or required through the City of Meridian. Please notify us if there is a specific protest or complaint method you would prefer us to follow in this action. Thank you. Regards, RLA INVASTMENTS ROGER L. ANDERSON �� RLA:amm Enclosures: Davco Services, Inc. letter John Thompson / ACHD Certified Article Number P708 787 386 9520 FAIRVIEW AVE. BOISE, IDAHO 83704 (208) 322-7300 n z w� ! INVESTMENTS r 4, 1987 r. Jack Nieman ity Clerk ity of Meridian 28 Meridian Street eridian, Idaho 83642 208) 888-4433 r Mr. Nieman: After our phone conversation today I am sending this ertified letter putting you on notice that we intend to pursue protecting our covenants and ownership rights on the southwest corner of Taylor and Meridian in the Futur - IDA Subdivision No. 1. As we also discussed, the owners of Davco Services, Inc. are pursuing some variences that we feel are jeopardizing the covenants that are filed of record and are asking for variences that would eliminate curb/gutter/sidewalks without doing the normal utility movements and expected requirements. We will be following this letter with the formal objections and protests that may be deemed reasonable or required through the City of Meridian. Please notify us if there is a specific protest or complaint method you would prefer us to follow in this action. Thank you. Regards, RLA INVASTMENTS ROGER L. ANDERSON �� RLA:amm Enclosures: Davco Services, Inc. letter John Thompson / ACHD Certified Article Number P708 787 386 9520 FAIRVIEW AVE. BOISE, IDAHO 83704 (208) 322-7300 =1 L INVESTMENTS September 4, 1987 Mr. D. A. Barkell President Davco Services, Inc. P. O. Box 694 Meridian, Idaho 83642 (208) 888-5166 Dear Mr. Barkell: I am requesting a meeting of owners of the subdivision consisting of yourself, Mr. R. E. Byron and myself on Thurdsay / September 17th, 1987 / 4:00 p.m., to be held in the office of Sundance Properties, Inc. located at 9520 Fairview Avenue, in the West Valley Business Center, Boise, Idaho. I have spoken with Mr. Byron and this date/place is acceptable with him. The purpose of the meeting is to address possible vacation or changes in the CC&R's or amendments needed to provide a process for Design Review Board. Please call me at 322-7300 if you have any more ideas or areas you wish to get on the agenda. This letter is to give you formal notice that as an owner of the: FUTUR-IDA SUBDIVISION NO. 1, as shown on the Official plat thereof recorded September 22, 1977 as Ada County Instrument No. 7745715, on the southwest corner of Meridian and Taylor road, we are unwilling to accept variances in the subdivision without first having the opportunity to review and approve any changes that your recent purchase and improvements might be requesting. Also, we are emphasizing as discussed when meeting in our office last week, it is important to us as property owners that we not cause any reduction in improvement costs that are not agreed to by a majority of owners as required (Recorded as Instrument Number 7745715). 95p0 FAIRVI(w AVS. (BOISE. IDAHO 83704 (208) 322-7300 t 41 E t �u "mss 3 t. type r Mr. D. A. Barkell Page 2 In addition, we are also putting you on notice that there may have been improper review by the Design Review Board. Especially where it appears plans were not reviewed and questionable board participation of non owners. At this meeting amendments will be addressed to resolve process of plans by non interested parties. Please contact me upon receipt of this letter if you have further questions. Thank you. Regards, RLA IS OGER L. ANDERSON RLA:amm C.C. City Clerk/City of Meridian ACHD Certified Letter Article Number P 708 787 384 Y 4' d .,,y...x„C y �,5 Ott 4t F c,. p 3 Y 4' d .,,y...x„C y t„ �V x�Ee i txt n2 ("Pj h 11 a c{ ILINVESTMENTS September 4, 1987 Mr. John Thompson Development Services Ada County Highway District 318 East 37th Boise, Idaho 83714 (208) 344-6111 Extension: 420 or 424 Dear Mr. Thompson: We are sending this certified letter which includes a copy of the certified letter that was sent to Davco Services, Inc. It is our understanding that Davco Services, Inc. is obtaining or in the process of obtaining a varience that will jeopardize the value of our property and not fulfill the county or city interests and wishes which eliminates curbs/gutters/sidewalks which are improvements that are normally expected in these developments. We intend to pursue legally through the covenants and also file protest or complaints as need be to start the formal process of objecting to ACHD offering any type variences in this area. Thank you for your time. Please contact myself or Cornel Larson at Sundance Properties, Inc. 322-7300. Regards, RLA I S -- ROGER ROGER L . ANDERSOI��' RLA:amm Enclosures: Davco Services Inc. Letter c.c. Jack Nieman/Meridian City Clerk Certified Article Number P 708 787 385 9520 FAIRVIEW AVE. BOISE, IDAHO 83704 (208) 322-7300 k i AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE -P. O. BOX 427 GRANT L. AMBROSB (1915-1968) MERIDIAN, IDAHO 83642 JOHN O. FITZOERALD. P.A. THIS FIRM INCLUDES TELEPHONE 888-4461 WAYNE O. CROOKSTON. JR.. P.A. PROFESSIONAL CORPORATIONS AREA CODE 208 September 9, 1987 Roger L. Anderson RLA Investments 9520 Fairview Avenue Boise, Idaho 83704 RE: Futur - IDA Subdivision No. 1 Covenants Dear Mr. Anderson: Your letter of September 4, 1987 directed to Jack Niemann,, City Clerk, of the City of Meridian and received by the City Clerk on September 8, 1987 has been forwarded to me for response in my capacity as City Attorney for the City of Meridian. Please be advised that Davco Services, Inc. has not applied to the City of Meridian for any variances from the ordinances of the City of Meridian. From your letter it appears as though you are referring to variances regarding curb, gutter and sidewalks which would fall within the jurisdiction of the Ada County Highway District. I believe your letter addressed to John Thompson, Development Services, Ada County Highway District, is probably your better avenue with which to air your concerns. Also, it appears as though some of your objections may relate to subdivision covenants which the City of Meridian does not enforce. Thank you for your concern in pointing this out to the City of Meridian but there is, at this juncture, no proceeding before the City Council to request a variance nor does the City get involved in enforcement of subdivision covenants. Very truly yours, WGC/mks Wayne G. Crookston, Jr. ' cc: Jack Niemann/City Clerk _ • iti w r • w � e4 n N • N 1� DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS of FUTUR-IDA SUBDIVISION N0. 1' Instrument No. 7745715 SAFECO TITLE INSURANCE CO. 300 No. 6th Boise, Idaho This Declaration made this 1st day of August 1977, by FUTUR-IDA NO. 2, an Idaho limited partnership (herein "Grantor."). RECITALS: Grantor is the owner of certain real property in the County of Ada, State of Idaho, more particularly described as follows: FUTUR-IDA SUBDIVISION NO. 1, including all lots of all blocks as shown on the official plat thereof recorded September 22, 1977 as Ada County Instrument No. 7745715. DECLARATION NOW, THEREFORE, Grantor hereby declares that all property within. Futur-Ida Subdivision No. 1 (hereinafter referred to as "Futur-Ida") is and shall be held, conveyed, encumbered, leased and used subject to the .following uniform covenants, conditions, restrictions and equitable servitudes in furtherance of a plan for the improvement anddevelopment of said property and to enhance the value, desirability and. attractiveness, Of such property. The restrictions set forth herein shall run with the real property included within Futur-Ida, shall be binding upon all persons having or acquiring any interest.therein, and shall inure to the. benefit of and be ginding upon Grantor, its successors in interest, each Owner and his respective successors in interest, and may .be enforced by Grantor, and by any owner or their successors in,interest. These Restrictions shall not be construed so as to -unreasonably interfere with Or prevent normal construction activities during•the constructioo n f Improvements by any Owner (including Grantor) upon property owned within Futur-Ida, provided that when completed, such Improvements will in all ways conform to these Restrictions. Specifically, no such construction activitiea shall be deemed to constitute a nuisance or violation of these Restrictions by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms"to usual construction practices in the area. dispute, .of any a temporary waiver of the applicable provision, including he ebut tnot limited to any provision prohibiting temporary structures may be granted by the Design Review Board, -provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or In recordable form. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words 6 t ;" wr " R� �r 4 of s k ar xa 03 M1Y xu r' _P 4 5001 k e r i .. �z'"d�s_ x �io-b ,_ ':�,� .Scs 5x, �"t35�i�#.�M1-�,�_. �.i`e .$�"n,°b.'%�• 1.�3.. ,., s 5 1 ht of L 3 4.. :r• Fh Instrument No. 7745715 Page 2 and phrases, when used in this Declaration, shall have the meanings hereinafter specified. BUILDING SITE shall mean an area of Futur-Ida developed and/or improved as an increment. A building site may consist of one or more Lots, or portions thereof, whether or not shown as such on any subdivision plat. BOARD shall mean Design Review Board. DESIGN REVIEW BOARD shall mean the body created pursuant to Article IVhereof. FUTUR-IDA shall mean all that certain real property described as Futur-Ida Subdivis No. 1, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as the same may be amended from time to time. Grantor shall mean Futur-Ida No. 2, an Idaho limited partnership, and any other legal business entity which may hereafter succeed to all of the assets and liabilities of Futur-Ida No. 2, an Idaho limited partnership; -but, Grantor shall not mean a transferee of less than all of tho rights and ownership of Futur-ida No. 2, a limited partnership, in Futur-Ida, measured at the time of such transfer. IMPROVM•XI shall mean all structures and appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, garages, driveways, parking areas, rences, screening walls, landscaping, hedges, planted trees and shrubs, p Signs, exterior airconditioning and water softener fixtures or equipment. LOT shall mean a portion of Futur-Ida which is designated as a lot on any recorded subdivision plat, whether or not improved. LOT LINE shall mean the boundary lines of a Lot. OWNER shall mean (1) the person or persons or ther legal entit or including Grantor, holdinge an a Y entities, or (2) the purcahser of a Lot or Site under fan executoryterest contract ofin aLot sale. Site, PERSON shall mean a natural individual or any other entity with the legal right to hold title to real property. SITE shall mean Building Site. SITE LINE shall.mean the external boundaries of a Building Site. SUBDIVISION shall mean a parcel of real property which has divided or separate into Lots, shown on a recorded subdivision plat. ARTICLE II DEVELOPMENT STANDARD and RESTRICTIONS All real property within Futur-Ida shall be held, used and enjoyed subject to the following limitations and restrictions: a.3t s" Instrument No. 7745715 Page 3 Section 2.01. NO FURTHER SUBDIVIDING:' No Lot may be further subdivided, nor may any interest in less than the whole of'a Lot'be conveyed by the Owner thereof (excluding Grantor) without the prior written approval of the Design view Board; Provided, however, that nothing herein shall be deemed to prevent the of any Lot to more than one person to be held by them as tenants transfer -in -common. joint transfer tenants, or as community property. Section 2. 02. APPROVAL OF BUILDING PLANS. There shall be no excavation or constructon or alteration which in any way alters the exterior appearance of Futur-Ida, or of any Improvement within Futur-Ida,without the prior approval of the Design Review Board pursuant to Article IV hereof. Section 2.03. SETBACKS. Unless otherwise specifically approved in writing by R janority of the Design Review Board, no building shall be placed nearer•than: A. Twenty feet (201) to the front Site Line, except for buildings situated on Sites fronting Meridian. Street, which shall not be nearer than forty feet (40') to the frr Site Line, B. Twenty feet (201) to the rear Site Line, C. No sideyard setback will be required, except that with regard to Building Sites bounded by public streets on two sides, the Design Review Board shall designate Which Site Lines shall be front, side and rear. Building Sites may be deemed to have more than one front Site Line. Section 2.04. PARKING. Off-street parking shall be provided b.the each Building Site. All parking areas shall be with a d _ e e all weather eon r surface, shall be graded and drained to allow disposal of all surface water ontthe Site, and shall be of a strength adequate for the traffic e directions of traffic shall be clearly marked on the paved surface. The specific expected. All parking stalls ar location, minimum number and configuration of approval by the Design Review Board based upon psubst ntialarking ecompliance.wits shall be hetheto following standards: A• One parking space for each 250 square feet of gross floor area used for offices, B• One parking space for each 12000 square feet of gross floor area used for warehouse purposes, C• One parking space for each 600 square feet of gross floor area used for light manufacturing purposes, and D. • One parking space for each 250 square feet of gross floor area used for other permitted purposes. Parking space shall•be defined as a rectangular paved area of approximately 9' x 221 Instrument No. 7745715 Page. 5 ARTICLE III PERMITTED USES AND GENERAL RESTRICTIONS Section 3.01. PERMITTED USES. All building Sites and Improvements thereon shall be used and occupied only for such uses as are permitted in "C" Commercial Zones as prescribed by the Meridian City Code on the date hereof and for such additional and/or expanded uses as may hereafter be permitted by the City of Meridian. In all events, all unlawful and criminal uses and purposes are prohibited. Section 3.02. NUISA1dC�. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any property within Futur-fda and no odors, fumes, smoke or other emissions shall be permitted to arise therefrom so. -as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in Futur-Ida or to its occupants,. No noise, vibration, heat, glare or other nuisance shall be permitted -to exist or operate upon any such property so as to be offensive. or detrimental to any other property in Futur-Ida or to its occupants. No liquid waste shall be discharged into adjacent drainage or irrigation ditches or otherwise except into the central sewer system; and the discharge of sewage and other wastes into'the.central sewer system shall conform to all applicable codes and ordinances. The storage, and use of dangerous and hazardous materials such as flammable liquids, compressed ndlinj gases and corrosive materials, shall be in accordance with all applicable Federal, State and local laws and regulations. Section 3.03. REPAIR AND MAINTENANCE. A. Buildings and Landscaped Areas. No Improvement upon any property within Futur-Idah shall be permi;.ted to fall into disrepair; and -each such Improvement shall at times be kept. in good condition and repair.and adequately painted or otherwise. finished by the Owner thereof. Broken windows, doors or other exterior members of structures shall be replaced promptly; and the temporary non-use of an Improvement shall not excuse compliance with these Covenants. All plants shall be maintained in a healthy, disease-free condition; and water and fertilizer shall be apr,?,ied as necessary to maintain their normal color or rate of growth. Weak or borkeu branches shall be removed b pruning; and dead foliage"and leaves shall. not be allowed to ac umulate.Plantobedslshall�beeedpods, maiat3ined in a weed and litter -free condition. Pools and fountains shall be kept fulll and in operating condition. Flag poles shall be painted and flags flown only at appropriate times. Damaged, broken -or rotten members of fencing and other a=rchitectural screens shall be repaired or replaced promptly. Materials that have paint or other chemical. r:res.trcents subject to weathering shall not be allowed to become cracked, chippa,,!, ::.;,ed or in any way seriously deteriorated. B. Paved Areas. e1:i.?. paved areas shall bemaintained in good condition and shall not be allowed to -c, in broken, cracked, or otherwise in need of repair. Dirt and litter shall no -1 o allowed to accumulate on paved surfaces weeds and other plants [sr: :;.tdin�; . Grass, through joints, etc., shall be removed. All Painted markings on pn ci E.;;r£aces shall be maintained in such a manner that they are clearly s a, Of rr, �r s .h� 'yam �sv 2 h YR V 4 Fq Err•. ��rf Instrument No. 774571.5 Page 7 and description or sampans of exterior material and colors. All structures must be designed by an arc11h_7° c.cc or engineer licensed by the State of Idaho. No plan or propos _'}�.a.1 tie deemed to have ben approved by the Board unless its approval i in vril girt executed by at least two (2) members of the Board, provided tfi [_ a;;provai shall be deemed given if the Board fails to approve or disapprove ;_.c,:;a_d plan or to made additional requirements or request additional inf .oz within forty-five (45) days after a full and complete descriptio., t_ne proposed plan or change in plan has been furnished in, writing to the Board. �v;.r_h a written and specific requiest for approval. The Board may from �i_ti,= to time, by resolution unanimously adopted in writing, designate on(-- of members to take any action or perform any duties for or on benaLf )C c.b.e Board, except the granting of variances pursuant to Section 4.05. In tn� ai),,ence of such designation, the vote of any two (2) members of the Board, or the writ.+,.,r.l consent of any two (2) members of the Board taken without a. meeting, shall cone r,.: ,.L2 act of. the Board. Section 4.04. In ;. :. nn of Work. Upon the completion of any work for which approved plans are rct a the Owner shall give written notice of completion to the Board. Within thirty ,. day;, thereafter, the Board or its duly authorized representati may inspect such Improt,.r,. If the Board finds that such work was not done in substantial compliant:,:, L[ie approved plans, it shall notify the Owner in writing of such noncompliance ;such thirty (30) day period, specifying the particulars of noncompliance, and i ".nard may require the Owner to remedy the same. If for any reason, the Board fail:; cc> notify the Owner of any noncompliance liance within thirty (30) days after receipt of said c;;: r.�u notice of completion from the Owner, the Improvement shall be deemed to be _--:r:c':ance with said approved plans. $ection 4.05. v;,.:.,:_,; The Board may authorize variances from compliance with any of the provis -, article II of this Declaration when circumstances such as topography, ni, obstructions, hardship, aesthetic or environmental considerat may require. Such va, raust be evidenced in writing, must be signed by at least two (2) members Board, and shall become effective upon recordation in the Office of the Co:;.. -der of Ada County. The granting of such a variance shall not operate to waive germs and provisions of this Declaration for any Purpose except as to u1.ax the varianee. property and particular provision hereof covered by tX,TICLE V i'ZSCELLANEOUS Section 5.01 Tsrt! Covenants, Conditions and Restrictons of this Declaration shall run until Dece,-:f:; M02, unless amended as herein provided. After December 31, 2002, such Cover.;':;;. ,rl4.t.i.orts and Restrictions shall be automatically extended for successive perk,,::." '10) years each, unless amended or extinguished by a written instrument o ,.t executed by at least three-fourths of the Owners in Futur-Ida, and suc; instrument or instruments are recorded with the Ada County Recorder. Cva Instrument No. 7745715 Page 8 Section 5.02 Amendment. THis Declaration may t;e Ian instrument or instruments executed by at least two-thirds of to i s:,:,;; ;;fatted Lots within Futur-Ida. Such amendment shall be.effec.tiv Upon recordation of said instrument or instruments with the Ada County R.ecor& Notwithstanding any other provision of this Declaratic no amendment of this Declaration shall operate to defeat or render invalid thL- r_( Ilts of a mortgagee or beneficiary under any recorded Deed of Trust a Lot, where said Mortgage or Deed of Trust was made in good faith and for v -;.:.c, provided that after the foreclosure of any such Mortgage or Deed of Trust such I,c+ shall remain subject to this Declaration, as amended. IN WITNESS WHEP.EOF, Grantor has executed this Declarar the day and year first above written. F= -IDA No. 2 an Idaho limit i partnership Henry E. floust., Sr, ; eneraZ Partner. Claude Brown, Jr. General Partner 2 ty S 2� G.r w L"'. Y' � a,p<ttx a L J, . . _ .. a 1 *Luer V r AD (V(DP? DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS OF FUTUR-IDA SUBDIVISION NO. 1 This Declaration made this day of , 1977, by FUTUR-IDA NO. 2, an Idaho limited partnership (herein "Grantor"). R E C I T A L S: Grantor is the owner of certain real property in the County of Ada, State of Idaho, more particularly described as follows: Futur-Ida Subdivision No. 1, including all lots of all blocks as shown on the official plat thereof recorded 1977, as Ada County Instrument No. r D E C L A R A T I O N NOW, THEREFORE, Grantor hereby declares that all property within Futur-Ida Subdivision No. 1 (hereinafter referred to as "Futur-Ida") is and shall be held, conveyed, encumbered, leased and used subject to the following uniform covenants, conditions, restrictions and equitable servitudes in furtherance of a plan for the improvement and development of said property and to enhance the value, desirability and attractiveness of such property. The restrictions set forth herein shall run with the real property included within Futur-Ida, shall be binding upon all persons having or acquiring any interest in such real property or any part thereof, shall inure to the benefit of any portion of such real property and any interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest, each Owner and his respective successors in interest, and may be enforced by Grantor, and by any owner or their successors in interest. MENOMONEE y� f Y � L k iib iTMx� iC�{H 4 These Restrictions shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by any Owner (including Grantor) upon property owned within Futur-Ida, provided that when completed, such Improvements will in all ways conform to these Restrictions. Specifically, no such con- struction activities shall be deemed to constitute a nuisance or violation of these Restrictions by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute, a temporary waiver of the applicable provision, including but not limited to any provision prohibiting temporary structures, may be'granted by the Design Review Board, provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or in recordable form. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases, when used in`this Declaration, shall have the meanings hereinafter specified. BUILDING SITE shall mean an area of Futur-Ida developed and/or improved as an increment. A building site may consist of one or more Lots, or portions thereof, whether or not shown as such on any subdivision plat. BOARD shall mean Design Review Board. DESIGN REVIEW BOARD shall mean the body created pursuant to Article IV hereof. FUTUR-IDA shall mean all that certain real property described as Futur-Ida Subdivision No. 1, according to the official Plat thereof on file in the office of the County Recorder of Ada County, State of Idaho, as the same may be amended from time to time. GRANTOR shall mean Futur-Ida No. 2, an Idaho limited partnership, and any other legal business entity which may here- after succeed to all of the assets and liabilities of Futur-Ida No. 2, an Idaho limited partnership; but, Grantor shall not mean a transferee of less than all of the rights and ownership of Futur-Ida No. 2, a limited partnership, in Futur-Ida, measured at the time.of such transfer. IMPROVEMENT shall mean all structures and appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, garages, driveways, parking areas, fences, p ;3 d s a a„ P a � �x "+ y�X ''� 79.& e tj-. ? _ AmfT��as�s� t 3 ,i7 u' '' qgft s�"�,+ •r .�. �. r^ ,fix i 3 i pg r f h sir b Ox— irgr 9 a, a•�a .a>a aw"-4 ' - r''-� '-� �y.3�» screening walls, landscaping, hedges, planted trees and shrubs, poles, signs, exterior airconditioning and water softener fixtures or equipment. LOT shall mean a portion of Futur-Ida which is designated as a lot on any recorded subdivision plat, whether or not improved. LOT LINE shall mean the boundary lines of a Lot. OWNER shall mean (1) the person or persons or other legal entity or entities, including Grantor, holding an aggregate fee simple interest in a Lot or Site, (2) the purchaser of a Lot or Site under an executory contract of sale. PERSON shall mean a natural individual or any other entity with the legal right to hold title to real property. SITE shall mean Building Site. SITE LINE shall mean the external boundaries of a Building Site. SUBIDIVISION shall mean a parcel of real property which has divided or separated into Lots, shown on a recorded subdivision plat. ARTICLE II DEVELOPMENT STANDARDS AND RESTRICTIONS All real property within Futur-Ida shall be held, used and enjoyed subject to the following limitations and restrictions: Section 2.01. No Further Subdividing. No Lot may be further subdivided, nor may any interest in less than the whole of a Lot be conveyed by the Owner thereof (excluding Grantor) without the prior written approval of the. Design Review Board; provided, however, that nothing herein shall be deemed to prevent the transfer of any Lot to more than one person to be held by them as tenants-in-common, joint tenants, or as community property. Section 2.02. Approval of Building Plans. There shall be no excavation or construction or alteration which in any way alters the exterior appearance of Futur-Ida, or of any Improvement within Futur-Ida, without the prior approval of the Design Review Board pursuant to Article IV hereof. + o_ TV -r J Y £ w + o_ TV -r J s M` F}Ae S, {S S }i .a r �yx � 'gam Section 2.03. Setbacks. Unless otherwise specifically approved in writing by a majority of the Design Review Board, no building shall be placed nearer than: A. Twenty feet (20') to the front Site Line, except for buildings situated on Sites fronting Meridian Street,"which shall not be nearer than forty feet (40') to the front Site Line, B. Twenty feet (201) to the rear Site Line, C. No sideyard setback will be required, except that with regard to Building Sites bounded by public streets on two sides, the Design Review Board shall designate which Site Lines shall be front, side and rear. Building Sites may be deemed to have more than one front Site Line. Section 2.04. Parking. Off-street parking shall be provided by the Owner on each Building Site. All parking areas shall be paved with a dust -free all-weather surface, shall be graded and drained to allow disposal of all surface water on the Site, and shall be of a strength adequate for the traffic expected. All parking stalls and directions of traffic shall be clearly marked on the paved surface. The specific location, minimum number and configuration of parking spaces shall be subject to approval by the Design Review Board based`upon substantial compliance with the following standards: A. One parking space for each 250 square feet of gross floor area used for offices, B. One parking space for each 1,000 square feet of gross floor area used for warehouse purposes, C. One parking space for each 600 square feet of gross floor,area used for light manufacturing purposes, and D. One parking space for each 250 square feet of gross floor area used for other permitted purposes. Parking space shall be defined as a rectangular paved area of approximately 9' x 22'. Section 2.05. Outdoor Loading and Storage. No outdoor loading or loading facility, storage or storage facility shall occur or be located to the front of any building. Aboveground storage of petroleum products shall be prohibited; and all flammable liquids shall be stored and handled only in strict compliance with all Federal, State and local laws and regulations. } S f � [ f 1• S .a. x s Section 2.06. Utilities. All service lines for the transmission of utility se;vices to buildings, including elec- tricity, natural gas, telephone, water and sewer, shall ibe underground. Pad -mounted electrical transformers and natural gas meters shall be located and screened so as to prevent viewing from Meridian Street and Taylor Place. No individual sewage disposal or water supply system shall be permitted on any Site. Each Owner shall be required to connect, at his expense, to the central sewer system and central water system of the City of Meridian. Section 2.07. Access. Curb cuts providing access to and from a Site shall be a minimum of five feet (5') from the adjacent Site Line and/or five feet (5') from the burb radius r; in the case of corner Lots. No more than two (2) curb cuts to a Site shall be permitted from any one street. Section 2.08. Landscaping. All landscaping included L; in plans approved by the Design Review Board shall be completed within sixty (60) days after the substantial completion of the , building, except in the event of adverse weather conditions, in µ which event such landscaping shall be completed as soon as weather conditions permit. Section 2.09. Building Materials and Temporary Structures. All buildings shall be of new materials and E. permanent -type construction. Roof areas must be fire resistant for a minimum of two (2) hours. No trailer, shack, garage, barn or other structure of a temporary character shall be erected, placed or used on any Lot at any time, except in con- nection with construction of Improvements as heretofore provided. Section 2.10. Signs. No sign of any kind shall be K displayed to the public view without the approval of the Design "i Review Board except such signs as may be used b Grantor in P g Y Y 4R. connection with the development and sale or lease of Lots and t i building Sites within Futur-Ida; provided, however, any "for sale" or "for lease" signs not more than 3' x 2' shall not require Board approval. Y Y Section 2.11. Improvement Required. The conveyance of any Site shall be subject to the following condition to } which the Grantee by accepting the conveyance agrees, to -wit: That within a period of eighteen: (18) months following the date ..: of the conveyance by Grantor, construction will be commenced ' upon the Site. The term "conveyance", as used herein, shall .t •f Sri W 001 i t:nz�,��+�seo- 5z # �h' sa 5a s''"y z s< Y r. a a 4 RSa in,a iia U n § 7s -t ..9 .� � � A Y 3i�� A• .' k C' Wx��`3T,+ a�.ttt S Y 111 ., i Au '17 ms F mean the delivery to, and acceptance by, the grantee of a deed (in recordable form) to saj-d Site. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon a structure upon said Site. In the event construction is not commenced within said period, or if construction is not completed in accordance with the following Section 2.12, the Grantor shall have the option to repurchase the Site from the then Owner thereof at a repurchase price equivalent to the price paid to Grantor. Section 2.12. Prosecution of Construction Work. All construction activities within Futur-Ida shall be prosecuted diligently, continuously and without delays from time of com- mencement thereof until such construction is fully completed. All structures shall be completed as to external appearance, including finish painting and landscaping, within nine (9). months from the date of commencement of construction, unless prevented by causes beyond the control of the grantee and only for such time as such cause continues. ARTICLE III PERMITTED USES AND GENERAL ~RESTRICTIONS Section 3.01.E Permitted Uses. All Building Sites and Improvements thereon shall be used and occupied only for such uses as are permitted in "C" Commercial Zones as prescribed by the Meridian City Code on the date heregf and for such additional and/or expanded uses as may hereafter be permitted by the City of Meridian. In all events, all unlawful and criminal uses and purposes are prohibited. Section 3.02. Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any property within Futur-Ida and no odors, fumes, smoke or other emissions shall be permitted to arise therefrom so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in Futur-Ida or to its occupants. No noise, vibration, heat, glare or other nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in Futur-Ida or to its occupants. No liquid waste shall be dis- charged into adjacent drainage or irrigation ditches or otherwise except into the central sewer system; and the discharge of sewage and other wastes into the central sewer system shall conform to all applicable codes and ordinances. The storage, handling and d, a ol 17� t N, u� s 9t ,� +� ,gr�n 4 z✓ � „„g�� `*5 s: r " . n yrs'�,�,�b ,�.+ a F n x° GHS. 7` i �* ib .a vi 3ry } 5¢. �• k -� RS gyp, - d .ro.i. yg i.' },, l t t u,y , 11, i' r S da. 's �'`�'a,dt y' r'A`'! Wy§�£�T4 aj .:4,, Axs°�f�xaSsh sae g u� sa w- use of dangerous and hazardous materials such as flammable liquids, compressed gases and corrosive materials, shall be in accordance with all applicable Federal, State and local laws and regulations. Section 3.03. Repair and Maintenance. A. Buildings and Landscaped Areas., No Improvement upon any property within Futur-Ida shall be permitted to fall into disrepair; and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished by the Owner thereof. Broken windows, doors or other exterior members of structures shall be replaced promptly; and the temporary non-use of an Improvement shall not excuse compliance with these Covenants. All plants shall be maintained in a healthy, disease- free condition; and water and fertilizer shall be applied as necessary to maintain their normal color or rate of growth. Weak or broken branches shall be removed by pruning; and old flowers, seedpods, dead foliage and leaves shall not be allowed to accumulate. Plant beds shall be maintained in a weed and litter -free condition-. Pools and fountains. shall be kept full and in operating condition. Flag poles sha11 be painted and flags flown only at appropriate times. Damaged, broken or rotten members of fencing and other architectural screens shall be repaired or replaced promptly. Materials that have paint or other chemical treatments subject to weathering shall not be allowed to become cracked, chipped, faded or in any way seriously deteriorated. B. Paved Areas. All paved areas shall be maintained in good condition and shall not be allowed to remain broken, cracked, or otherwise in need of repair. Dirt and litter shall. not be allowed to accumulate on paved surfaces. Grass, weeds and other plants protruding through joints, etc., shall be removed. All painted markings on paved surfaces shall be main- tained in such a manner that they are clearly visible. C. Signs and Lighting. Signs shall not be allowed to become faded or deterioriated; and burned -out bulbs and tubes shall be replaced promptly. All exterior lighting shall be main- tained at its designed level of illumination. Broken or burned- -out members shall be replaced promptly. ER F ` 1 i. C� t as • e y � n �a �e� rv�� . "�i' >,¢}a, �'�a �i g, "b ,u k ,-^,� �•�� t-�",v*�"��i�ii�° � 4A �'"'Yt, ¢.;,..e� raa ,�,�-, 41 *s 'mak � xr, kaaz � L �' ���c� 'i,+�3 ��'��,, ,#•.$�a "� � �`` x tt :� au`"' 3^�� � � y S -" b 5 y,>a s s mw`x'.. ffip . was a`','. �s cet i lig 9 +„ r Y .: d: -E. , rar y q&.. '"�`:' r' x a ¢fit}F - n 'S tt,�, i •a-���'sf �, � �s " r x t z pr a� : a Y'+ `,' ¢.a ,Y 'y .c ffirR „k"'�"..«nYr „ is • � t � . c �Kus�R's3?� r,.az + Ft r yfiz�aijYi {,�3�,yW+�t�d erSV21Vy, v a •ry^.v.6 . ARTICLE IV DESIGN REVIEW BOARD Section 4.01. Members of Board. The Design Review Board, sometimes herein referred to as "Design Board" or "Board", shall consist of three (3) members. The following persons are hereby designated as the initial members of the Board: Henry E. Houst, Sr. Ronald E. Byron Robert Mattson Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. At any time until December. 31, 1982, that Grantor is the Owner of at least ten percent (10%) of the aggregate of Lots within Futur-Ida, Grantor shall have' the right to appoint and remove all members of the Board. At all other times, in the event of death or resignation of a member, the remaining two (2) members shall have full authority to act and within a reasonable time after the occurrence of such vacancy, shall appoint a replacement member. Section 4.02. Non -Liability of Board Members. Neither the Board nor any membe'r thereof shall be liable to any Owner or occupant for any loss, damage or injury arising out of or in any way connected with the performance of the Board's duties hereunder, unless due to the willful mil3conduct or bad faith of the Board or Board member. The Board shall review and approve or disapprove all plans submitted to it for any proposed Improve- ment, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and Futur-Ida generally. The Board shall take into consideration the aesthetic aspects of the architectural design, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of -structural safety or conformance with building or other codes. Section 4.03. Review of Proposed Construction. The ,Board shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to Article II, Section 2.02 hereof. The Board shall approve proposals or plans and specifications only if it deems that the construction, alterations, or additions contemplated thereby will not be detrimental to the appearance of the surrounding area or Futur-Ida as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding 1 € o r ri o-, a R x » v xq,=z } a z. r y W_ structures. The Board may condition its approval of proposals or plans and specifications on such changes therein as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. The Board may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, Site use plans indicating building sizes and locations, parking areas, land- scaped areas, location of signs, utilities and exterior lighting, drainage plans, elevation drawings, architect's renderings, and description or samples of exterior material and colors. All structures must be designed by an architect or engineer licensed by the State of Idaho. No plan or proposal shall be deemed to have been approved by the Board unless its approval is in writing executed by at least two (2) members of the Board, provided that approval shall be deemed given if the Board fails to approve or disapprove a proposed plan or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed plan'or change in plan has been furnished in writing to the Board with a written and specific request for approval. The Board may,from time to time, by resolution unan- imously adopted in writing, designate one of its members to take any action or perform any duties for or on behalf of the Board, except the granting of variances pursuant to Section 4.05. In the absence of such designation, the vote of any two (2) members of the Board, or the written consent of any two (2) members of the Board taken without a meeting, shall constitute an act of the Board. , Section 4.04. Inspection of Work. Upon the completion of any work,for which approved plans are required, the Owner shall give written notice of completion to the Board. Within thirty (30) days thereafter, the Board or its duly authorized representative may.inspect such Improvement. If the Board finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and the Board may require the Owner to remedy the same. If for any reason, the Board fails -to notify the Owner of any noncompliance within thirty (30) days after receipt of said written notice of completion from the Owner, the Improvement shall be deemed to be in accordance with said approved plans. IN WITNESS WHEREOF, Grantor has executed this Declaration the day and year first above written. FUTUR-IDA NO. 2, an Idaho limited partnership By Henry E. Houst, Sr., General Partner By Claude Brown, Jr., General Partner STATE OF IDAHO ) ss County of Ada ) On this day of July, 1977, before me, the under- signed Notary Public in and for said State, ,personally appeared HENRY E. ROUST, SR. and CLAUDE BROWN, JR., known to me to be General Partners of FUTUR-IDA'NO. 2, an Idaho limited partner- ship, whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same on behalf of said Limited Partnership. , IN WITNESS WHEREOF, I have hereunto -set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho m from �� �- ®ATEI17 7 T,..e ADA COUNTY HIGHWAY DISTRI(OT KARL JEPPESEN, PRESIDENT LEON FAIRBANKS, VICE PRESIDENT MIKE SILVA, SECRETARY January 23, 1980 James V. Potter, L.S. Potter Land Surveying 40 W. Franklin Meridian, Idaho 83642 Re: Franklin Plaza Modification of Franklin Road Curb Line Gradient Dear Mr. Potter, 318 E. 37TH STREET BOISE, IDAHO 83704 PHONE: 384-8838 We believe the lowering of the Franklin Road curb line gradient to be in the best interest of the public and request the Futur-Ida Developer to accept the change. The approved Futur-Ida-Franklin Road design did not -consider the affects on adjacent properties. When the Futur- Ida Developer accepts the proposed change, this will only change the gutter grade, patch back slope; and will not require a Surety Agree- ment & Letter of Credit. As you agreed, you will provide the Franklin Road design to include the Futur-Ida frontage as well as the Franklin Plaza frontage for our approval and Futur-Ida Developer use. At this time, we do not an- ticipate any delays in approving the Franklin Road design. If you have any futher problems or questions please call me. Sincerely, Keith Jacobs, Jr., E.I.T. Design & Review Engineer KJ:sjl cc: John Joines Alta Construction Company City of Meridian, Department of Public Works Clyde Porter, Porter Land Surveying Hank Houst, Hank Houst Realty 0 IMPERIAL PLAZA, 200 N. 3RD, SUITE 8, BOISE, IDAHO 83702 - PHONE 345-3144 HAI K He I February 7, 1979 vu AvaLA Mayor Don Storey City Hall 728 Meridian Meridian, Idaho 83642 Dear Mayor Storey: I am concerned about the City Council's stand that homes of 1350 square feet or more are the only ones that will be allowed in forthcoming developments in understand that Meridian needs Meridian. I can to don't feel that this will be a raise its tax base. but solution; it will create more problems. the chances are, An average new home of 1350 $50,000 and $56,000. square feet costs between Below are today's market: some examples of homes on Sq. footage Price Location Builder 1,314 $50,950 Arrowhead Way Devco 1,396 52,600 Shamrock Dr. Fenix Const. 1,351 54,200 Millstone St. Marsh Const. 1,380 52,500 Annett St. Shalt These are just average homes which within two will cost $60,000 or more years. 3EPENDABLE SERVICE FOR BOTH BUYER AND SELLER • 40 Mayor Don Storey Page Two February 7, 1979 It does not seem fair that the people who can afford a $35,000 to $49,000 house cannot have the opportunity of a new home in Meridian. This is a very large section of the buying market, young people just starting out and older folks moving into smaller homes. Here is a hypothetical situation: What if older people who have lived in Meridian for years and have their friends and church there wanted to build a 900 square foot house on a lot they had owned for 15 years? Would this new ruling prevent that? As a long time member of the Meridian community, you know that the above situation could likely happen and what an uproar it would cause if the people were prevented from building. I feel that what we are talking about is equal housing Opportunity. And the City Council's ruling prevents that. I have some developers who are interested in the Meridian area but they are going to be discouraged from developing there with the 1350 square foot requirement. To increase your tax base, perhaps you could encourage more large companies to come in, and go through that route. I would certainly be interested in helping on an approach of that sort. Right now my broker and brother-in-law Hank Houst is developing the 72- acre commercial industrial park between Franklin and Taylor on Meridian Road. Surely this kind of project is going to help offset your expenses. Thank you for listenin g. another opinion. I have lived lin®Meridian pe you ofor the dlastring few years and think you do a great job as Mayor. CAH:vpw Sinc rely Carol A. Houst w 5 { "•WIP"P , y of iDAHo jyp ra DEPARTMENT OF HEALTH AND WJE116ARIE DIVISION OF ENVIRONMENT Statehouse Boise, Idaho 83720 801 Reserve Street November 15, 1979 Mr. Dave Roylance 4227 Emerald Boise, Idaho 83704 RE: As -Built Plans for Futur-Ida Subdivision, Meridian Dear Mr. Roylance: We have reviewed and approved the as -built engineers ng plans for the sewer and water lines which serve Futur-Ida Subdivision in Meridian. on We are retaining the one set of plans which was submitted to our department. inc rely H. David Sanders REGIONAL SUPERVISOR HDS/ds OFFICIALS .HERALD J. COX, CITY CLERK. F, 0. HELEN RYKER, TREASURER GARY L. GREEN. CHIEF OF POLICE BRUCE D. STUART, WORK SUPT. JOHN O. FiTZGERAL'D, ATTORNEY ROGER WELKER, FIRE CHIEF m Rick Fox, Cry Atz_;,ast 22, 197" deco Const CO-. t h d A ter test on tyle W'Iter ^;'sic: i to Future—� a. ..ail. Sub. The vdtnes:;ed t p� 8,sed 1'.11 91.1 e ",7 r. ..o .ree of the i `orks Dept. tinder IAae uperintendert's directinti, rind T,rnvr,1. rnfore t)f subdivi.s on I-Ilei_r 'r;,_t final. ir:s- ection fron t,�:.i. Dept. F;.:, /c s ��ii1Cc1'1.V� Bruce :3ttia.rt �pridian •ruir].Z c ' c,r'cs -)ter+_, Su; �erintc;nctr.>nt. f!,4 tL NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street COUNCILMEN MERIDIAN, IDAHO JOHN R. NAVARRO 83642 RICHARD C. WILLIAMS Phone 8118.4433 MARVIN R. BODINE DON M. S'PORF.Y KENNETH W. RASMUSSEN HERALD J. COX, TRAFFIC BUREAU, Mayor SF' ZONING & PLANNING WAYNE D. SKIVER CHAIRMAN ZONING $ PLANNING 1 . •I 1 07Q Rick Fox, Cry Atz_;,ast 22, 197" deco Const CO-. t h d A ter test on tyle W'Iter ^;'sic: i to Future—� a. ..ail. Sub. The vdtnes:;ed t p� 8,sed 1'.11 91.1 e ",7 r. ..o .ree of the i `orks Dept. tinder IAae uperintendert's directinti, rind T,rnvr,1. rnfore t)f subdivi.s on I-Ilei_r 'r;,_t final. ir:s- ection fron t,�:.i. Dept. F;.:, /c s ��ii1Cc1'1.V� Bruce :3ttia.rt �pridian •ruir].Z c ' c,r'cs -)ter+_, Su; �erintc;nctr.>nt. • 2061 TRAVERTINE WAY, BOISE, IDAHO 83706 • PHONE 377-1421 - 345-3144 City Council City of Meridian Meridian, Idaho. .I I - ® S T F 9 August 12, 1977 Re: Futur-Ida Sub. # 1 It has been requested by J.U.B. Engineers that the Meridian workCity Couthatncil authorize the followingthestats the Plat for R'utur-Ida Sub, # 1 may be 9 lgned as everything else is approved. JIU,B. Request R. Double ,frontage lots are prohibited by ordinance except is unusual conditions are encountered. This should be a City Council Decision on variance or not. Co, planation; As stated in the restrictive covenants, the Dots in Blocks 3 & 4 -face Taylor Place and rear on W. lst and 2nd Streets, and the Tilts in Block 2 face Meridian Street and rear on W. let street. 'Request #2, 1`t is recommended that a variance be granted for W. 2nd street without curb and gutter along the West side there -of and for Williams Street without curb and gutter along the South side thereof. Twelve feet of pavement on those sides is acceptable. I am an a' us to complete this portion of our development plan and to record Our Plat fog' Futur-Ida Sub. # 1 as soon as possible. If there is :fix they I do to expidite this action anything me at 377-x.421 and I shall � please do not hesitate to phone get right to it. Thanks again, for all of your help and MVbh cc; S. Johnson J, U, B, Engineers file Futur-Ida # 2 DEPENDABLE SERVICE FOR BOTH BUYER AND SELLER • { 3k r' { h 4 M s i Z k1l;X21 - %' n fig: '<�� s• , d 4X.5 �`S� Y �3� � a• ��,y k "� 3d 1W, 'M ol MMM --IDA SUBDIVISION NO. 1 Notatins as a result of reVieKing plat and Oeyel9pment pin on behalf of City of Meridian. 1. Double frontage lots are prohibited by ordinance except if unusual conditions are encountered. Should be City Council decision on variance or not. 2. With 60' and 80' street rights-of-way as shown the City does not require the additional 5' AN on each side as shown by note. 3. The "scale" of the drawing is not shoran. 4. All lot corners are required by Idaho Code to be monumented. - 5. Since C is indicated for Taylor Street, Meridian Street and Franklin Road on "arrow" to the actual drafted enter line should be shown. 6. What is current width for sanitary sewer easement thru block 2? If proof is submitted that easement is less than 16 feet, then I would rec nd a minimum of 16 feet. Be sure to dimension the ends of the easement to the corners of Block 2. 7. Justify why the "Public" should accept for maintenance all of the North & South Streets. If justified., then submit reasons why utilities are not provided in W. First Street and W. Second Street. 8. The water main on Taylor Place can be extended South, West and East and may be required to serve fire sprinklers in a building. Therefore, said water main is to be six (6) inch drain. 9. Need to show a bench mark on the sewer plans. 10. The Fire Chief needs to be datisfied as to fire hydrant "non -provision". 11. Even though sewer service lines and water service lines are not determinate at this time, it is still cost effective to estimate and project reasonable locations for installations of some before street construction to avoid pavement cuts and patching. Therefore an ab©olute minimum of four sewer services and four water services to each of Block 3 and Block 4, as part of the initial sewer and water is recommended for the development. 12. It is the project engineers responsibility to verify that the specification quoted for water system material and sewer system material are in accordance with current adopted standards of the City. 13. The Idaho Code required that the plans for the street construction be stamped and signed by the engineer responsible for their design and preparation. The approval by an approving agencies does not negate that requirement. 14. Gutter plate only on Meridian Street and Franklin Road as an initial improvement with scare kind of curbing being installed later (if ever) is absolutely unacceptable on arterial type streets. 15. If is recanrended that a variance be granted approve the design for W. 2nd St, without curb and gutter along the West side thereof and for Williams Street without curb and gutter along the South side thereof. 16. The 12" storm drain pipe on Taylor Street is designed on a grade considerably below minimum slope for normal scouring velocity. This must be justified by the design engineer. 17. A standard manhole is to be provided at the junction and at all angle points for storm drains. 18. No detail review has been made of the irrigation facility but a casual observation raised an -item of concern. The ditch on the West side of Meridian Street is being piped with a 12" diameter C.M.P. At it's North end it is being connected to an existing'8" diameter pipeline at an open box. This needs to be analysed. <f fi z " 01_! r t � & "} r 4 Y3� +i'Y3L�#'kti �'ki � Ml �"a1M' k d3�F'SR+Y le qN DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS OF FUTUR-IDA SUBDIVISION NO. 1 This Declaration made this day of 01 1977, by FUTUR-IDA NO. 2, an Idaho limited partnership (herein "Grantor"). R E C I T A L S: Grantor is the owner of certain real property in the County of Ada, State of Idaho, more particularly described as follows: Futur-Ida Subdivision No. 1, including all lots of all blocks as shown on the official plat thereof recorded 1977, as Ada County Instrument No. - D E C L A R A T I O N NOW, THEREFORE, Grantor hereby declares that all property within Futur-Ida Subdivision No. 1 (hereinafter referred to as "Futur-Ida") is and shall be held, conveyed, encumbered, leased and used subject to the following uniform covenants, conditions, restrictions and equitable servitudes in furtherance of a plan for the improvement and development of said property and to enhance the value, desirability and attractiveness of such property. The restrictions set forth herein shall run with the real property included within Futur-Ida, shall be binding upon all persons having or acquiring any interest in such real property or any part thereof, shall inure to the benefit of any portion of such real property and any interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest, each Owner and his respective successors in interest, and may be enforced by Grantor, and by any owner or their successors in interest. h' Y, } } i i, ' These Restrictions shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by any Owner (including Grantor) upon property owned within Futur-Ida, provided that when completed, such Improvements will in all ways conform to these Restrictions. Specifically, no such con- struction activities shall be deemed to constitute a nuisance or violation of these Restrictions by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute, a temporary waiver of the applicable provision, including but not limited to any provision prohibiting temporary structures, may be'granted by the Design Review Board, provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or in recordable form. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases, when used in`this Declaration, shall have the meanings hereinafter specified. BUILDING SITE shall mean an area of Futur-Ida developed and/or improved as an increment. A building site may consist of one or more Lots, or portions thereof, whether or not shown as such on any subdivision plat. BOARD shall mean Design Review Board. DESIGN REVIEW BOARD shall mean the body created pursuant to Article IV hereof. FUTUR-IDA shall mean all that certain real property described as Futur-Ida Subdivision No. 1, according to the official Plat thereof on file in the bffice of the County Recorder of Ada County, State of Idaho, as the same may be amended from time to time. X GRANTOR shall mean Futur-Ida No. 2, an Idaho limited partnership, and any other legal business entity which may here- after succeed to all of the assets and liabilities of Futur-Ida No. 2, an Idaho limited partnership; but, Grantor shall not mean a transferee of less than all of the rights and ownership of Futur-Ida No. 2, a limited partnership, in Futur-Ida, measured at the time.of such transfer. IMPROVEMENT shall mean all structures and a pur thereto of every type and kind, including but not limitedttoances buildings, outbuildings, garages, driveways, parking areas, fences In ;. �M to �.: screening walls, landscaping, hedges, planted trees and shrubs, poles, signs, exterior airconditioning and water softener fixtures or equipment. LOT shall mean'a portion of Futur-Ida which is designated as a lot on any recorded subdivision plat, whether or not improved. LOT LINE shall mean the boundary lines of a Lot. OWNER shall mean (1) the person or persons or other legal entity or entities, including Grantor, holding an aggregate fee simple interest in a Lot or Site, (2) the purchaser of a Lot or Site under an executory contract of sale. PERSON shall mean a natural individual or any other entity with the legal right to hold title to real property. SITE shall mean Building Site. SITE LINE shall mean the external boundaries of a Building Site. SUBIDIVISION shall mean a parcel'of real property which has divided or separated into Lots, shown on a recorded subdivision plat. ` ARTICLE II DEVELOPMENT STANDARDS AND RESTRICTIONS All real property within Futur-Ida shall be held, used and enjoyed subject to the following limitations and restrictions: Section 2.01. No Further Subdividing. No Lot may be further subdivided, nor may any interest in less than the whole of a Lot be conveyed by the Owner thereof (excluding Grantor) without the prior written approval of the Design Review Board; provided, however, that nothing herein shall be deemed to prevent the transfer of any Lot to more than one person to be held by them as tenants-in-common, joint tenants, or as community property. Section 2.02. Approval of Building Plans. There shall be no excavation or construction or alteration which in any way alters the exterior appearance of Futur-Ida, or of any Improvement within Futur-Ida, without the prior approval of the Design Review Board pursuant to Article IV hereof. P' �k i` 5 kY+x' Section 2.03. Setbacks. Unless otherwise specifically approved in writing by a majority of the Design Review Board, no building shall be placed nearer than: A. Twenty feet (201) to the front Site Line, except for buildings situated on Sites fronting Meridian Street, which shall not be nearer than forty feet (401)'to the front Site Line, B. Twenty feet (20' ) to the rear Site Line, C. No sideyard setback will be required, except that with regard to Building Sites bounded by public streets on two sides, the Design Review Board shall designate which Site Lines shall be front, side and rear. Building Sites may be deemed to have more than one front Site Line. Section 2.04. Parking. Off-street parking shall be provided by the Owner on each Building Site. All parking areas shall be paved with a dust -free all-weather surface, shall be graded and drained to allow disposal of all surface water on the Site, and shall be of a strength adequate for the traffic expected. All parking stalls and directions of traffic shall be clearly marked on the paved surface. The specific location, minimum number and configuration of parking spaces shall be subject to approval by the Design Review Board based`upon substantial compliance with the following standards: A. One parking space for each 250 square feet of gross floor area used for offices, B. One parking space for each 1,000 square feet of gross floor area used for warehouse purposes, C. One parking space for each 600 square feet of gross floor area used for light manufacturing purposes, and D. One parking space for each 250 square feet of gross floor area used for other permitted purposes. Parking space shall be defined as a rectangular paved area of approximately 9' x 22'. Section 2.05. Outdoor Loading and Storage. No outdoor loading or loading facility, storage or storage facility shall occur or be located to the front of any building. Aboveground storage of petroleum products shall be prohibited; and all flammable liquids shall be stored and handled only in strict compliance with all Federal, State and local laws and regulations. ..... 44 r 4`a &�. `a*r r� s ��� '� s ahs tt Gc �• J Section 2.06. Utilities. All service lines for the transmission of utility services to buildings, including elec- tricity, natural gas, telephone, water and sewer, shall ibe underground. Pad -mounted electrical transformers and natural gas meters shall be located and screened so as to prevent viewing from Meridian Street and Taylor Place. No individual sewage disposal or water supply system shall be permitted on any Site. Each Owner shall be required to connect, at his expense, to the central sewer system and central water system of the City of Meridian. Section 2.07. Access. Curb cuts providing access to and from a Site shall be a minimum of five feet (51) from the adjacent Site Line and/or five feet (51) from the curb radius in the case of corner Lots-. No more than two (2) curb cuts to a Site shall be permitted from any one street. Section 2.08. Landscaping. All laridscaping included in plans approved by the Design Review Board shall be completed within sixty (60) days after the substantial completion of the building, except in the event of adverse weather conditions, in which event such landscaping shall be completed as soon as weather conditions permit. Section 2.09. Building Materials and Temporary Structures. All buildings shall be of new materials and permanent -type construction. Roof areas must be fire resistant for a minimum of two (2) hours. No trailer, shack, garage, barn or other structure of a temporary character shall be erected, placed or used on any Lot at any time, except in con- nection with construction of Improvements as heretofore provided. Section 2.10. Signs. No sign of any kind shall be displayed to the public view without the approval of the Design Review Board, except such signs as may be used by Grantor in connection with the development and sale or lease of Lots and building Sites within Futur-Ida; provided, however, any "for sale" or "for lease" signs not more than 3' x 2' shall not require Board approval. 11 Section 2.11. Improvement Required. The conveyance of any Site shall be subject to the following condition to tivhich the Grantee by accepting the conveyance agrees, to -wit: That within a period of eighteen: (18) months following the date of the conveyance by Grantor, construction will be commenced upon the Site. The term "conveyance", as used herein, shall mean the delivery to, and acceptance by, the grantee of a deed (in recordable form) to said Site. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon a structure upon said Site. In the event construction is not commenced within said period, or if construction is not completed in accordance with the following Section 2.12, the Grantor shall have the option to repurchase the Site from the then Owner thereof at a repurchase price equivalent to the price paid to Grantor. Section 2.12. Prosecution of Construction Work. All construction activities within Futur-Ida shall be prosecuted diligently, continuously and without delays from time of com- mencement thereof until such construction is fully completed. All structures shall be completed as to external appearance, including finish painting and landscaping, within nine (9) months from the date of commencement of�construction, unless prevented by causes beyond the control of the grantee and only for such time as such cause continues. ARTICLE III PERMITTED USES AND GENERAL ~RESTRICTIONS Section 3.01., Permitted Uses. All Building Sites and Improvements thereon shall be used and occupied only for such uses as are permitted in "C" Commercial Zones as prescribed by the Meridian City Code on the date heregf and for such additional and/or expanded uses as may hereafter be permitted by the City of Meridian. In all events, all unlawful and criminal uses and purposes are prohibited. Section 3.02. Nuisances. No rubbish -or debris of any kind shall be placed or permitted to accumulate upon any property within Futur-Ida and no odors, fumes, smoke or other emissions shall be permitted to arise therefrom so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in Futur-Ida or to its occupants. No noise, vibration, heat, glare or other nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in Futur-Ida or to its occupants. No liquid waste shall be dis- charged into adjacent drainage or irrigation ditches or otherwise except into the central sewer system; and the discharge of sewage and other wastes into the central sewer system shall conform to all applicable codes and ordinances. The storage, handling and use of dangerous and hazardous materials such as flammable liquids, compressed gases and corrosive materials, shall be in accordance with all applicable Federal, State and local laws and regulations. Section 3.03. Repair and Maintenance. A. Buildings and Landscaped Areas. No Improvement upon any property within Futur-Ida shall be permitted to fall into disrepair; and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished by the Owner thereof. Broken windows, doors or other exterior members of structures shall be replaced promptly; and the temporary non-use of an Improvement shall not excuse compliance with these Covenants. All plants shall be maintained in a healthy, disease- free condition; and water and fertilizer shall be applied as necessary to maintain their normal color or rate of growth. Weak or broken branches shall be removed by pruning; and old flowers, seedpods, dead foliage and leaves shall not be allowed to accumulate. Plant beds shall be maintained in a weed and litter -free condition.. Pools and fountains, shall be kept full and in operating condition. Flag poles shall be painted and flags flown only at appropriate times. Damaged, broken or rotten members of fencing and other architectural screens shall be repaired or replaced promptly. Materials that have paint or other chemical treatments subject to weathering shall not be allowed to become cracked, chipped, faded or in any way seriously deteriorated. B. Paved Areas. All paved areas shall be maintained in good condition and shall not be allowed to remain broken, cracked, or otherwise in need of repair. Dirt and litter shall not be allowed to accumulate on paved surfaces. Grass, weeds and other plants protruding through joints, etc., shall be removed. All painted markings on paved surfaces shall be main- tained in such a manner that they are clearly visible. C. Signs and Lighting. Signs shall not be allowed to become faded or deterioriated; and burned -out bulbs and tubes shall be replaced promptly. All exterior lighting shall be main- tained at its designed level of illumination. Broken or burned - out members shall be replaced promptly. ri ARTICLE IV DESIGN REVIEW BOARD Section 4.01. Members of Board. The Design Review Board, sometimes herein referred to as "Design Board" or "Board", shall consist of three (3) members. The following persons are hereby designated as the initial members of the Board: Henry E. Houst, Sr. Ronald E. Byron Robert Mattson Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. At any time until December 31, 1982, that Grantor is the Owner of at least ten percent (10%) of the aggregate of Lots within Futur-Ida, Grantor shall have the right to appoint and remove all members of the Board. At all other times, in the event of death or resignation of a member, the remaining two (2) members shall have full authority to act and within a reasonable time after the occurrence of such vacancy, shall appoint a replacement member. Section 4.02. Non -Liability of Board Members. Neither the Board nor any member thereof shall be liable to any Owner or occupant for any loss, damage or injury arising out of or in any way connected with the performance of the Board's duties hereunder, unless due to the willful mi'sconduct or bad faith of the Board or Board member. The Board shall review and approve or disapprove all plans submitted to it for any proposed Improve- ment, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and Futur-Ida generally. The Board shall, take into consideration the aesthetic aspects of the architectural design, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. Section 4.03. Review of Proposed Construction. The .Board shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to Article II, Section 2.02 hereof. The Board shall approve proposals -or plans and specifications only if it deems that the construction, alterations, or additions contemplated thereby, - will not be detrimental to the appearance of the surrounding area or Futur-Ida as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures. The Board may condition its approval of proposals or plans and specifications on such changes therein as it deems appropriate, and.may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. The Board may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, Site use plans indicating building sizes and locations, parking areas, land- scaped areas, location of signs, utilities and exterior lighting, drainage plans, elevation drawings, architect's renderings, and description or samples of exterior material and colors. All structures must be designed by an architect or engineer licensed by the State of Idaho. No plan or proposal shall be deemed to have been approved by the Board unless its approval is in writing executed by at least two (2) members of the Board, provided that approval shall be deemed given if the Board fails to approve or disapprove a proposed plan or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed plan>or change in plan has been furnished in writing to the Board with a written and specific request for approval. The Board may,from time to time, by resolution unan- imously adopted in writing, designate one of its members to take any action or perform any duties for or on behalf of the Board, except the granting of variances pursuant to Section 4.05. In the absence of such designation, the vote of any two (2) members of the Board, or the written consent of any two (2) members of the Board taken without a meeting, shall constitute an act of the Board. Section 4.04. Inspection of Work. Upon the completion of any work.for which approved plans are required, the Owner shall give written notice of completion to the Board. Within thirty (30) days thereafter, the Board or its duly authorized representative may inspect such Improvement. If the Board finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and the Board may require the Owner to remedy the same. If for any reason, the Board fails to notify the Owner of any noncompliance within thirty (30.) days after receipt of said written notice of completion from the Owner, the Improvement shall be deemed to be in accordance with said approved plans. a Section 4.05. Variances. The Board may authorize variances from compliance with any of the provisions of Article II of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or:.environmental consideration may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Board, and shall become effective upon recordation in the Office of the County Recorder of Ada County. The granting of such a variance shall not operate to waive any of the terms and provi- sions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance. ARTICLE V MISCELLANEOUS Section 5.01. Term. The Covenants, Conditions and Restrictions of this Declaration shall run until December 31, 2002, unless amended as herein provided. After December 31, 2002, such Covenants, Conditions and Restrictions shall be automatically extended for auccessive.periods of ten (10) years each, unless amended or extinguished by a written instrument or instruments executed by at least three-fourths of the Owners in Futur-Ida, and such written instrument or`instruments are recorded with the Ada County Recorder. Section 5.02. Amendment. This Declaration may be amended by an instrument or instruments executed by at least two-thirds of the Owners of platted Lots within Futur-Ida. Such amendment shall be effective only upon recordation of said instrument or instruments with the Ada County Recorder. Notwithstanding any other provision of this Declara- tion, no amendment of this Declaration shall operate to defeat or render invalid the rights of a mortgagee or beneficiary under any recorded Deed of Trust upon a Lot, where said Mortgage or Deed of Trust was made in good faith and for value, provided that after the foreclosure of any such Mortgage or Deed of Trust such Lot shall remain subject to this Declaration,,as amended. , IN WITNESS WHEREOF, Grantor has executed this Declaration the day and year first above written. FUWUR-IDA NO. 2, an Idaho limited partnership By Henry E. Houst, Sr., General Partner By Claude Brown, Jr., General Partner STATE OF IDAHO ) ss County of Ada ) On this day of July, 1977, before me, the under- signed Notary Public in and for said State „personally appeared HENRY E. HOUST, SR. and CLAUDE BROWN, JR., known to me to be General Partners of FUTUR-IDA NO. 2, an Idaho limited partner- ship, whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same on behalf of said Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Mayor Don M. Storey city of Meridian 72S Meridian Street Iierdian, Idaho 83642 Dear mor Storey' 8utur____ Ida Cat►genv Pro sed �evslopmm t We have reviewed the conceptual site study for Futur-Ida Company development. Was have thei follOving cotmaents in rsg&rd to the proposed subdivisiotit lj The said development as Proposed ia3 a "subdivision" as defined by the City of Karidian's Subdivision Ordinance. There- fore,, the subdivision will used to comply with all applicable requiremmts of the said subdivision ordinance. .2) An a first step is subdividing the said property' the O developer will used to submit a tentative, plat to the Heridi an Zoning and Pla iming Commission, The tentative plat requirements are ear"d In "'red" on the attached copy of the appropriate sections of the said subdivision ordinance. 3) on the prallminary street layout plan as furnished to the City, a "If' street was designated vi.th a continuous name., Since the street configuration could gsrmilt extensions of the said street to,the South or West, the continuous nwa for the loop 4000 not seem deesireiialas We recommend that the Futur-Ida Company meet the require mute of the City' s Subdivision Ordinance is the development of their -property,. please contact us if you have any questions. Sincera7, J -U -B BNOINMESS Inc. J Carl B. Ellsworth, F.E. CBEtak 1 cet Y--iUridian Zoning and Planning 6o"e5111Dn Bach gust Realty (with copy of subdivision ordinance as referred to in teat of above batter) ENG INEER ING—PLANNI NG—SURVEYING -� rr IT s r 5"*�: yt',y fps "flKt Vi Lg 3*z£' OR z'g,�g g},z'ryi'r �� 'Pax f i z a Xn h 4AIr'3,� �a''.�•-� rx a ,w .>,; s a�,',_ t £ a VA A0 AB 10, sME � +,.' wzw z iz '4Y ,mY p i xd tiE 3+yY§ N i'6 i 5 3,11j'1 WX,x t has .4N.1 CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE 1455 NO. ORCHARD a �' Serving the BOISE, IDAHO 83704 counties of.. TELEPHONE .. 375-5211 Baa Pb [mom July 26, 1977 Pyr. Clarence Planting Ada County Recorder P. 0. Box 877 Boise, ID 83701 Re: Futur-Ida Subdivision #1 Dear Mr. Planting: This department has reviewed and approved the final plat for this subdivision for central water and central sewer. Sincerely, 4� Turco, E.H.S. Sr. Environmental Quality Specialist cc: Hank Houst Meridian City James J. Jenkins, Director of Environmental Health fh CITY OF MERIDIAN 728 MERIDIAN MERIDIAN, IDAHO Health Deft 1477 N. Orchard Boise, Idaho Dear Sirs: The water department of the City of Meridian is ready and able to supply service to Futur-Ida. Subdivision #1, located on Meridian Road, Nbridian, Idaho upon their request.' JUC 2 0. 1917 -9 'L fj CITY OF MERIDIAN 728 MERIDIAN MERIDIAN, IDAHO Health Deft 1477 N. Orchard Boise, Idaho Dear Sirs: The water department of the City of Meridian is ready and able to supply service to Futur-Ida. Subdivision #1, located on Meridian Road, Nbridian, Idaho upon their request.' JUC 2 0. 1917 Ii III s� I III +tA kbS Y3� 3k" I'lll III �s CITY OF MERIDIAN 728 MERIDIAN MERIDIAN, IDAHO Health Deft 1477 N. Orchard Boise, Idaho Dear Sirs: The water department of the City of Meridian is ready and able to supply service to Futur-Ida. Subdivision #1, located on Meridian Road, Nbridian, Idaho upon their request.' JUC 2 0. 1917 �g �+ I +.1 x• w rpt' rf `y 401 BROADWAY AVE. I BOISE, IDAHO 83706 j MIKE SILVA, PRESIDENT *77 LEON FAIRBANKS, VICE PRESIDENT DAVID A. WEEKS, SECRETARY March 28, 1977 A A I I aV. Building Inspector City of Meridian 728 Meridian Street Meridian, 'Idaho 83642 ...I I 7 Re: Right -Of -Way or Set Back: on Developments aP Recently I checked West Pine Avenue west of the new high school for a proposed development. I noticed the high school had built their parking lot to the 25 foot right-of-way line. If additional right -or - way is needed in the future, we will have to buy 5 feet of the psrkinc lot. A 5 foot set back requirement would have made this much cfeaper. In your Council minutes of March 7, 1977, there is an item on the Taylor Subdivision at Franklin Road and Meridian Street. Clyde " Porter, Land Surveyor was in m°y office toda with a +. I requested the present 30 feet h if h Y proposed repla� 40 feet with the possibility the a rig t -of -way be increased to intersection may require 5 lanes in the future. If there is to be a the additional right-of-way. replat now is the time to require 11. am requesting that you let the Highway District review plans for comment that are located on major Meridian streets. Sincerely, �I ADA COUNTY HIGHWAY DISTRICT Fu Elmer F. Soniville, F.E. Director EES:rp cc: Mayor, City of Meridian Meridian City Council<V',, e r �X P J -U -B ENGINEERS, INC. 212 Tenth Avenue South Nampa, Idaho 83651 Telephone: 467-5252-888-2321 February 7, 1977 Mayor Don M. Storey City of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Mayor Storey: Futur-Ida Company Proposed Development We have reviewed the conceptual site study for Futur-Ida Company development. We have the following comments in regard to the proposed subdivision: 1) The said development as proposed is a "subdivision" as defined by the City of Meridian's Subdivision Ordinance. There- fore, the subdivision will need to comply with all applicable requirements of the said subdivision ordinance. 2) As a first step in subdividing the said property, the developer will need to submit a tentative plat to the Meridian Zoning and Planning Commission. The tentative plat requirements are marked in "red" on the attached copy of the appropriate sections of the said subdivision ordinance. 3) On the preliminary street layout plan as furnished to the City, a "U" street was designated with a continuous name. Since the street configuration could permit extensions of the said street to the South or West, the continuous name for the loop does not seem desirable. We recommend that the Futur-Ida Company meet the require- ments of the City's Subdivision Ordinance in the development of their property. Please contact us if you have any questions. Sincerely, J -U -B ENGINEERS, Inc. Carl B. Ellsworth, P.E. CBE:ak cc: Meridian Zoning and Planning Commission Hank Houst Realty (with copy of subdivision ordinance as referred to in text of above letter) ENGINEERING—PLANNING—SURVEYING , 9-607 9-608 d. Dead-end alleys shall be avoided where possible, but if unavoidable shall be provided with adequate turn -around facilities at the dead- end as determined by the Mayor and Council. e. Crosswalk easements for pedestrians shall be provided where deemed essential to provide circulation or access to schools, play- grounds, shopping areas, transportation or any other community facilities. The said crosswalk easements shall have a minimum width of six feet (6') and shall be improved with a concrete walk over the full width of the easement with proper fencing on each side of the easement. 3. Blocks: a. The length, width and shape of blocks shall be determined with due regard to adequate building sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot - size and dimensions; the need for convenient access, circulation, control and safety of street traffic; and the limitations and opportun- ities of topography. b. Block lengths shall not exceed one thousand feet (10001). 4. Lots: a. All lots shown on the subdivision plat must conform to the mini- mum requirements of the zoning Code. (Chapter 4, Section 2-401-427) b. Side lines of lots shall be approximately at right angles or radial to the street lines unless a variation will give a better street and lot plan. All corner lots shall have a minimum radius of twenty feet (201) on the property line. c. Double frontage lots shall be prohibited except where unusual to- pography or other conditions makes it impossible to meet this re- quirement. d. All remnants of lots below minimum size left over after the sub- dividing of a larger tract must be added to adjacent lots rather than allowed to remain as unuseable parcels. 9-608: TENTATIVE PLAT REQUIREMENTS: In seeking to subdivide land into building lots and to dedicate streets aIle(22S) or other land for public use, the owner or owners shall submittwo copies of a tentative plot to the Zoning and Planning Commission for its approval. The tentative plat shall be submitted at least two (2) days before a Zon- MR 9-608 9-608 r Ing and Planning Commission meeting date. The Zoning and Planning Commission shall act on the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. The tentative plat so prepared by the subdivider and formally filed with the Zoning and Planning Commission shall contain the following informa- tion: :l. J77 665 1. The proposed name of the subdivision. . J 2. The location of the subdivision as forming a part of some larger tract - • or parcel of land referred to in the records of the County Recorder. 3. The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owner of the land immediately adjoining the land to be platted. 4. A contour map at appropriate contour intervals to show the general topography of the tract. 5. The boundary lines of the tract to be subdivided shall be accurate in scale and bearing. 6. The location, widths, and other dimensions of all existing or platted j streets and other important features such as railroad lines, water courses, easements, exceptional topography, etc., within and con- tiguous to the tract to be subdivided. 7. The approximate location of existing sanitary sewers, storm drains, water supply mains, fire hydrants, and culverts within the tract and immediately adjacent thereto. a 8. The location, widths, and other dimensions of proposed streets, alleys, easements, parks, lots, and other open spaces. I 9. The proposed lot and block numbers. r 10. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. 11. The proposed names of all the streets whether new or continuous. The new street names must not be the some or similar to any other street names used in the City. 12. North point, scale and date. 13. The zoning requested for each area if not already zoned. 14. The sewer lines showing location, size, and connections into existing lines. J77 665 I I Li 9-608 9-609 Where needed and upon the request of the Zoning and Planning Commission the following information shall be furnished: a. The cross section of proposed streets showing widths of road- ways and location of sidewalks, b. The proposed method of handling storm sewers within the tract. One tentative plat shall be drawn to a scale of one inch 0") to one hundred feet 0009 and another tentative plat shall be drawn to a scale of one inch 0 ") to three hundred feet (3001). One copy of the approved tentative plat will be kept on file for public examination at the office of the City Clerk, and one copy returned to the owner. Such approval of the tentative plat shall be valid for a period of two (2) calendar years unless an extension of time is applied for and granted by the Zoning and Planning Commission. 9-609 REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the Zoning and Planning Commission for final review within two (2) years after the approval of the tentative plat and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such a plat until said plat has been duly approved as indicated in Section 9-603 of this Chapter. Final approval of the plat shall be secured from the Zoning and Plan- ning Commission and from the Mayor and Council, otherwise the sub- divider will be duly notified of its rejection by said body. The Zoning and Planning Commission shall act on the application for approval of the final plat within ten (10) days from the first meeting at which the final Ewas formally presented unless an extension of time is agreed upon by all concerned. The double -mounted plat sheet and one linen tracing of that portion common- ly referred to as the front side of the plat must be prepared in accordance with Title 50, Chapter 25 of the Idaho Code. One duplicate tracing, such as a sepia, for both the front and back side of the plat must be prepared and filed with the office of the City Clerk. The original double -mounted plat sheet, the linen tracing and the ad- ditional duplicate tracings together with two (2) prints shall be submit- ted to the Zoning and Planning Commission for its review at least two (2) days before the Commission meeting at which the plat is to be considered. If approved, the tracings and the double -mounted plat sheet shall have endorsed thereon the required approvals. Upon final approval the sub- divider will .take the drawings to the County Recorder for recording and return the duplicate tracings for the City of the Office of the City Clerk and the Count yy Recorder shall have attested the content on the tracing for the City to be the some that has been recorded with the County. TPI <, t u fT w4a j 's c•'.3' 's t ±. r�` J rw»c' xr' a ter+ ��. o *fie ✓a� Y3f'r yY,i g� il d j yova,p 5 �"Y v vK2t'c 9^4wt� Y}✓W 3 P§ h t xY -V'§Y}F».. E$!t- ny/. x§$ ! k� qa e.a i i �' ✓ `.a`sr dry JI'M&A� ``� �$ v;< a�, �. t"''' m :x sus 011 +•w °.. F 'awl "#4dy sa„?-5;:'. • J ? I I Li 9-608 9-609 Where needed and upon the request of the Zoning and Planning Commission the following information shall be furnished: a. The cross section of proposed streets showing widths of road- ways and location of sidewalks, b. The proposed method of handling storm sewers within the tract. One tentative plat shall be drawn to a scale of one inch 0") to one hundred feet 0009 and another tentative plat shall be drawn to a scale of one inch 0 ") to three hundred feet (3001). One copy of the approved tentative plat will be kept on file for public examination at the office of the City Clerk, and one copy returned to the owner. Such approval of the tentative plat shall be valid for a period of two (2) calendar years unless an extension of time is applied for and granted by the Zoning and Planning Commission. 9-609 REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the Zoning and Planning Commission for final review within two (2) years after the approval of the tentative plat and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such a plat until said plat has been duly approved as indicated in Section 9-603 of this Chapter. Final approval of the plat shall be secured from the Zoning and Plan- ning Commission and from the Mayor and Council, otherwise the sub- divider will be duly notified of its rejection by said body. The Zoning and Planning Commission shall act on the application for approval of the final plat within ten (10) days from the first meeting at which the final Ewas formally presented unless an extension of time is agreed upon by all concerned. The double -mounted plat sheet and one linen tracing of that portion common- ly referred to as the front side of the plat must be prepared in accordance with Title 50, Chapter 25 of the Idaho Code. One duplicate tracing, such as a sepia, for both the front and back side of the plat must be prepared and filed with the office of the City Clerk. The original double -mounted plat sheet, the linen tracing and the ad- ditional duplicate tracings together with two (2) prints shall be submit- ted to the Zoning and Planning Commission for its review at least two (2) days before the Commission meeting at which the plat is to be considered. If approved, the tracings and the double -mounted plat sheet shall have endorsed thereon the required approvals. Upon final approval the sub- divider will .take the drawings to the County Recorder for recording and return the duplicate tracings for the City of the Office of the City Clerk and the Count yy Recorder shall have attested the content on the tracing for the City to be the some that has been recorded with the County. TPI <, t u fT w4a j 's c•'.3' 's t ±. r�` J rw»c' xr' a ter+ ��. o *fie ✓a� Y3f'r yY,i g� il d j yova,p 5 �"Y v vK2t'c 9^4wt� Y}✓W 3 P§ h t xY -V'§Y}F».. E$!t- ny/. x§$ ! k� qa e.a i i �' ✓ `.a`sr dry JI'M&A� ``� �$ v;< a�, �. t"''' m :x sus 011 +•w °.. F 'awl "#4dy sa„?-5;:'. 01 221 TRAVERTINE WAY. BOISE, IDAHO 83706 - PHONE 343-9260 - 385-7188 (9) February 25, 1977 City of Meridian Meridian, Idaho 83642 Dear Sir: I am herewith submitting for your inspection an Application for Subdivision Approval. I trust that all the requirements for this application are met, but if you desire any other information please notify my in¢nediately. (phones 377-1421 or 345-3144 or 343-9260) Thanks in advance for your help. HH/bh encls. cc: file Yours very truly, Hank Houst DEPENDABLE SERVICE FOR BOTH BUYER AND SELLER a.e �A i "' . 4• � 0 �r CITY OF MERIDIAN PRELIMINARY PLAT CHECKLIST The following information shall be shown on preliminary plats or on "pplementary material submitted with preliminary plats. Scale of preliminary plats shall not be lose than 111 = 1009. 1. X Name of subdivision and/or resubdivision. 2. X v Scale, date, North point. See Drawing 3., X Name and address of owner, subdividoP. engineer, surveyor. 4. X Approximate lot dimensions. See Drawing 5. X System for numbering lots and blocks. See Drawing 6. X Location and width of streets. 7. X Location and width of alleys. S. 0 •Location, width and purpose of easements. 9. 0 Location of -land for public easements,. 10. X Proposed street names. ll. X Location of existing buildings, indicate whether they will remain or be removed. 12. X Location of existing dedicated streets and their widths at the point where they are immediately adjacent. 13. Sidewalks, location and width: .14. NA Location of existing, proposed storm sewers. 15. 0 Location of existing, proposed sanitary sewers. M. 0 Proposed drainage plan, including method of disposing of run-off. 17. X Vicinity map (scale 1" = 300') showing items 1. 2. 4. 6. 7. 10 and all land subdivision lines within 6001 of the exterior boundaries of the plat (or, if none, reference to government section corners). IS. NA Contour Mads of Area. 19. Examination by City Engineer. . \ I. GENERAL INFORMATION (Proposed --Name of Location APPLICATION FOR SUBDMSION APPROVAL Meridian Plamdng & Zoning Commission APPlications must be Presented at City Hall by the Second Monday of the Month for Planning & Zoning vision Filing information 0 Legal Description'. Attach if Lengthy Lot 11 exce t the W. 75' of the S 150® thereof and all of Lots 17 & 18 of Ta for -Sub. Ada Coun , Idaho Vern H. & Ruth Taylor aer Omaer s Of Rocord P as Henry E. Houst, Sr. plicant (Name ame Address - w.`" 110 W. 31st, Garden City, Boise, Idaho Engineerp Sm-veyor or Planner Name Address Jurisdiction s TYP3 of Subdivi bys P %owjunerebab® i tz G 1 343-9260 345-3195 )IoPhone No. 377-1421 Telephone No. 345-8872 83704 Telephone No. I Vo RESTRICT-IMT`3 ARD D.E.SJC1V nilpORMATIOpT -1O AIloe-Terl Land Uncs 2* Mimes UM Lot Aram m 3o Mi.nimu.M lot Prontago . o Mid Lot Width C-Fronr'6 Botbae?? 5o Minimum Dot D6pth 6o Front Satbach 7o Sido ck 8® (Soto Sido Streit t So baclh 90' Roar Sotbncts goo Por --c Atnryo of Lot Covornso IoSchool Dictrict 2* nra Dia gist (or Daptoi 3® Sol -Tor pintrict (or city) 4o Xrricat-ion Dintrl,ct 5o I'later Company or District 6o Othor (F1 + i 31 polo) Ovdinanco Proposedyxmionc � (applicant) ( a?) 1�� under "C" Zone 25x150 = 3150 sq. ft. 25' - NA 195' or 225' 25' 0' 20' Various Marno Meridian Central. + Meridian -Nampa- Meridian Meridian Dr�li �a 7 Wto) 10 TeCh.nicnI Ro�ric ,r Carmen ttee 20 Couni,7 p1pr -;ng Ccr�issio�a �o C°•ity Plano Comm. 1!-o Count.7 Only) 5o C®nMt,7 HiClk mmy Dib"7ict (anal only) 63 pp City Counall -f 71�o.9 7o Plate OT Pda Ccs t7 COMUD Onaro QMnCA Only) 'v e nk t T y "A"�1'i K�5 4 b Ilk e Ilk ,.. .. yvI,.r . , ' e Ir,ll- RECORDING DATA (Staff go Data Olt Page_ InstrMent Mn ber 20 Covenanto Recordoda Pato I lnot-� Lmmt ITtm, DOT I 'i`'iA! ��� or=s ��� h � ,. or, r ..alp �i, �� ' � .� r4wL%w W.31111" CIA DED. ae- D-2 fly OR bEa — I A ° -ii NP ", R -Z AO 30? ire, PREIXCNARY FUPUR - IDA SUB. # 1 RESTRICITVE COVENANTS INTRODUCTION Futur - Ida Co. has designed these lots to fit the requirements of light manufacturing & camirercial users as generally defined "C" in the Meridian Zoning Restrictionsa These restrictive covenants have been prepared in order to provide control and guidance in the development of the park. Their implementation will improve the working efficiency and overall appearance of the area while providing considerable latitude in serving a wide range of commercial users. It is not the intent of these standards to impose undue hardships in the location of co wrcial activities, but, more properly, to provide Protection from undesirable development and correspondingly enhance Property values. In order to insure a reasonable degree of flexibility in this development, these covenants have been kept somewhat general in content. Futur - Ida Co., will rely on a plan review procedure to ensure that the invent of these covenants is net. The covenants are Presented hereafter and are grouped in three general categories: (1) Development Standards (2) Operational Standards (3) Maintenance Standards r d M¢x Sa n It zM x x" .V TA , 97 4g'= INV', , 3 N", fpq a 4 s s t ism . a r ;sx`''x.� .�"`, a.+e r ., + • fid' � vu,' �'� n 4,,_.. U o w V W54 Asa k jo�� ss r t aAAAes:tw.a ar i� u.., �.,.n6 d,,..6 .ze o':+a^sY,Sc;t"�'_x�,x�"xsrx✓�.Gfi .. (2) 1. DEVELOPMENT STANDARDS SITES - LOTS A. General Each Lot or combination of Lots, as set forth in planning, shall be limited to a single integrated unit and any subleasing of all or portions of such site shall be prohibited without the written approval of Futur-Ida. Co. No Lot shall remain vacant without approved construction for a period exceeding 12 months from date of purchase unless specifically approved by Futur - Ida Co, At such time Futur - Ida Co. shall have the right to reacquire such site at its original price, free of any accrued taxes, interest or other costs. BUILDINGS A. Design All structures must be designed by an architect or engineer registered in the State of Idaho. Design review by Futur -Ida Co. shall consist of two stages which shall include the following COn ponents e 1. Preliminary, -Detailed site use plan indicating building sizes and locations, Parking areas, landscaped areas, location of utilities and other pertinent factors, a' -Basic floor plans, elevations and sections, indicating type of construction, materials an,? colors. A rendering of all proposed in -prove vents . k rc u ��s� ns k vi Kg, 060* Ki z.dA'3'x�sr,.at`fis ,y:. tk ati G fj st,�t,� jai e x ^ r3 z r �.� ��i, .� z' v xa x , FR W t . Y 15 A ]� pry x1 ' 4"� ,a{lik ` r TI t Y ; � tt�, j 3-A I (5) All Parking areas shall be paved with a dust -free all weather surface, be graded and drained to provide for the disposal of all surface water on the site, and of a strength adequate for the traffic expected. All parking stalls and directions of traffic shall be clearly marked on the paved surface. LOADING A. Location No on -street loading or maneuvering will be permitted. Like- wise loading on the front side of buildings will be prohibited. Both truck and rail loading operations shall be permitted in the rear of buildings. (7) from the curb radius for corner lots. B. Distance apart All curbs shall be at least 37 feet apart, enter to center. There shall be no more than two curb cuts to the site from any one street. Additional curb cuts for corner lots and for sites with over 100 feet of frontage will be considered on a case-by-case basis. C. Driveway widths There shall be an unobstructed driveway not less than twelve feet in width for one-way traffic and twenty feet in width for two-way traffic® The edge of any driveway shall be a minimm of five feet. from the nearest adjacent property line. D. Rail spurs (8)• adacent to such Building Site, All landscaping shall be under- taken and cOnpleted in accordance with such approved plan and said plan may not be altered, amended or revised without sutmitting the revised landscaping plan for prior written approval by the F utur - r. -3a Co B. All landscaping required hereunder or otherwise to be provided (9) AIR POLLUTION A° Smoke and Particulate matter The emission of all smoke and particulate matter shall be of sufficiently small quantity so as to conform to all applicable standards and so as not to consitute a nuisance beyond the property limits of the site. No open burning shall be Permitted. B. Odors and fumes The emission of odors and/or fumes in such quantities so as to be readily detectable beyond the property lines is prohibited. Noxious, toxic and corrosive gas emissions shall be treated by full control measures. NOISE Noise level sufficient to cause a nuisance beyond the property lines shall be prohibited. VIBRATION No vibration detectable beyond the property limits, other than that caused by highway vehicles or trains, shall be permitted. HEAT AND GLAi� All operations producing heat and glare, including exterior lighting, shall be conducted so that they do not create a nuisance beyond the property lines. � r M zs» MIa � Oak ,,','r i� r`"S g "1i q ax x r t .s 'sem; �t zifi tis t wqw* �- mJ, ff Ork twilla itom, j „y i tsF s ,� sr•: e%, k stewu#'- `+ a t ,� t dz v' a rv� a j 3 3'�5 MN 4 L F §i y y y,. is'S '4 ? 1" r ri:`a k tr a ts, r r r,rZW �.. 5. M (10) WASTE mATERTAL All materials, including wastes, shall be stored and all Properties maintained in a manner which will not attract or aid the propagation of insects or rodents, or in any other way create a health hazard. WATER POLLUTION No liquid waste disposal will be allowed on the site or into adjacent drainage or irrigation ditches. The discharge of sewage or other wastes into the sanitary sewer system shall conform to all applicable codes and ordinances. HANDLING OF DANGEROUS MATERIALS The storage, handling and use of dangerous materials such as flazzfnable liquids, eozzPressed gases and corrosive materials shall be in accordance with all applicable Federal, State and local regulations. All buildings, facilities, paving and landscaping shall be continuously maintained according to the following standards. BUILDINGS Exterior walls which have been painted or otherwise chemically treated shall not be allowed to become cracked, chipped, faded or in anyway seriously deteriorated. Broken windows, doors or other exterior members of structures shall be replaced pronptly. Structures not in use shall be maintained as buildings in use or be removed from the premises. d z %iAll , fit. �+ - d'�' us�x 4�d 9 ���x Ml « t att 011 F a* r� �v3'T� , �<a;, xi'c z v kNnx y •t �.: �Y Mo 0.0 y sdr�rw°-'.yrsh fr I 014 ft q�5 "�5p ��� -&Y,+ b Y '� 5flC'�h s✓ei'�ck »d. �� r_ b itmr,3t�A,'� 3 a LANDSCAPED AREAS All Plants shall be maintained in a healthy, disease-free condition, Water and fertilizer shall be applied as necessary to maintain their normal color or rate of growth. Weak or broken branches shall be removed by pruning. Old flowers, seed Pods, dead foliage and leaves shall not be allowed to accumulate. Plant beds shall be maintained in a weed and litter -free condition. All landscape features shall be maintained in an attractive, effective manner at all times. Pools fountains shall be kept full and in operating condition. Flag Poles shall be painted and flags flown at appropriate times. Fencing and other architectural screens shall have damaged, broken or rotten members repaired or replaced. Materials that have Paint or other chemical treatment subject to weathering shall not be allowed to become cracked, chipped, faded or in any way seriously deteriorated. PAVED AREAS All paved areas shall be checked periodically to see that they are not broken, cracked, settled or otherwise in need of repair. Dirt and litter shall not be allowed to accLmulate on paved surfaces. Grass, weeds and other plant materials that grow through the cracks, joints, etc., shall be removed. All markings painted on paved surfaces shall be maintained in such a manner that they, are clearly visible. SIGNING Signs shall not be allowed to become faded or deteriorated. Lighting for signs shall be maintained and burned -out bulbs or tubes replaced pranptly. t Mm, ys ,q s40 04 0, T� rad a x 0 v�� J�_ .A x a � -•s a "fir fB 3 i)' -y '.�i5 `� t f+ - G ,3� h p 'v 6% s. YY6 ^! A`8 Yk > t x 4 � a `* ✓ - a�s 'x c" xt gr, s d`ar, z z �*`,✓ $pit ,� r � n � ra R 4� ,ry t r �`34 4 a a x" ,af>� - z•s '. yc w�� tt3", sem- s � � � _ i z � " tt F F ? 011 r �` e fF �= x r,. qtr -s f �iFr rC s t Y �v '3 3�, �?,t y a ll 7 ?- `t r + A. € w g2+sr. A °i,. a'K aYCa T c`rt t az V NZ�` (12) LIGHTING All exterior lighting, whether for area lighting or architectrual highlighting, shall be maintained as its designed level of illumination. replaced prcnptly. Broken or burned out members shall be CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-44Vlq R SOYINK„ 6LU it --------------------- I ISL CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-44Vlq R SOYINK„ 6LU it