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Home My WebLink AboutMeridian Place Subdivision / New School Site t QUEST FOR SUBDIVISIJI+ AFPROV '"~ PRELIMINARY PLAT AND/OR F3NAL PLAT - PLANNING AND ZONING COMMISSION • fi ,, ;, - TIME TABLE FOR SUBMISSION: - A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. ~:-~~,:: The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided•the necessary procedures and documentation are received before 5:00 P.M., Thursday €ollowing the Planning and Zoning Commission action. '~_ ;~; GENERAL INFORMATION: ~ '~'°°~"~ 1. Name of Annexation and Subdivision, Meridian Place Subdivision No. 2 2. General iocation, North of Chateau Drive and Jericho Way - 3. Owners of record, Hannon Travel Service, Inc., Meridian Place, Ltd., Ada West roper ies nc. Address 1529 W. Washington (earl Harmon) . ziP 83702 Telephone 343-7915 - - _ '~` 4. Applicant,Meridian Place, Ltd. Address, 1529 W. Washington ~ , 5. Engineer, H. Wayne Gibbs, Planner Firm J-U-B" Address 250 South . Tt< : ~ ,, Beechwood Avenue, Boise, Idaho zip 83709 Telephone 376-7330 '• 6. Name and address to receive City billings: Name Meridian Place, Ltd. Address ~ 5•2g .W, Washington ziP_ 83702 - Telephone 343-7915 ;.:r_: PRELIMINARY PLAT CHECKLIST: Subdivision Features a ,~ . `~ 1. Acres Approx. 24 2. Number of lots 9 3 . Lots per acre ~ Lf. 4~. - Density per acre Aj/A .~.~ 5. zoning classification(s) R-4 Low Density Residential _ 6. If the proposed subdivision is outside the Meridian City limits but within the ~- ,~; jurisdictional mile, what is the existing. zoning classification N/A - N ,~, 7. Does the plat border a potential green belt NO 8. Have recreational easements been provided for NO 9. Are thrre proposed recreational amenities to the City Yes °;'p • • Expl ai.n_ School Park/Play~ro~d " '` 10. Are there proposed dedications of common areas? NO ~-Y _ '~' Explain ~ . For future parks? NO Explain _ (1) :~, ~' '' ~,~ '; REQUEST FOR P~LIMINARY T: Planning and Zoning Commission continued •Page 2 _; PRELIMINARY PLAT CHECKLIST: Subdivision features continued "'`' 11. What schoolO service the area , do you propose any agreements for future school sites N A Explain This Subdivision is ,. ~. to allow a new 10-acre elementary school site for Meridian School District. ~~w-~ 12. Other proposed amenities to the City Water Supply Fire Department , Other , Explain School. Playground -x: 13. Type of Building (Residential, Commercial, Industrial or combination), :~Nr`', Elementary Schoo Residential :,~~ 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s), 8,000 b. Minimum square footage of structure(s) 1 3Q® c. Are garages provided for, Yes square footage 480 _ d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Grass play area - and landscaped screen buffer aroun entire school site. - f. Trees will be provided for Yes , Trees will be maintained Yes g. Sprinkler systems are provided for Yes ^~_~ h. Are there multiple units N/p Type remarks _~^~~ i. Are there special set back requirements No Explain j. Has off street parking been provided for Yes , Explain For 83 cars plus Bus Loading Area. k. Value range of property N/A .~ 1. Type of financing for development School District for school. m. Protective covenants were submitted jyo , Date 16. Does the proposal land lock other property No , Does it create Enclaves No -• STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as E~''~~~- ~ required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. ~, ~; ~ ~~ (2) =,~, :, G..;: - ~ .~ ~„ . ,.. , f ~ ..; ... ~r~ti .. 'i _ ` fi.) ~.~ $~ J-U-B ENG/ NEERS. I N~ 250 South Beachwood Avenue, site i - emee, ideno PROJECT: 14471-06-1 DATE: SEPTEMBER 14, 1984 DESCRIPTION FOR PROPOSED MERIDIAN PLACE SUBDLVISION N0. II A PORTION OF THE N 1/2 SE 1/4, SECTION 6, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND LYING IN THE N 1/2 OF THE SE 1/4 OF SECTION 6, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS . FOLLOWS: BEGINNING AT THE BRASS CAP MARKING THE EAST ONE-QUARTER CORNER OF THE SAID SECTION 6; THENCE SOUTH 89°41'52" WEST 990.07 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID SE 1/4 OF SECTION 6 TO AN ALUMINUM CAP, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°41'52" WEST 1,656.16 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE SE 1/4 OF SECTION 6 TO A DRILL STEEL MARKING THE NORTHWEST CORNER OF THE SAID SE 1/4 OF SECTION 6, ALSO SAID POINT BEING THE CENTER ONE-QUARTER CORNER OF THE SAID SECTION 6; THENCE SOUTH 0°20'01" WEST 650..56 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SE 1/4 OF SECTION 6 TO AN IRON PIN MARKING THE NORTHWEST CORNER OF THE WILLOWS, A SUBDIVISION, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 52 OF PLATS AT PAGES 4559 AND 4560; THENCE NORTH 89°54'21" EAST (FORMERLY DESCRIBED AS NORTH 89°20'00" EAST) 864.38 FEET ALONG THE NORTH- ERLY BOUNDARY OF THE SAID THE WILLOWS AND THE NORTHERLY BOUNDARY OF MERIDIAN PLACE SUBDIVISION N0. i, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 47 OF PLATS AT PAGES 3837 AND 3838, TO AN IRON PIN; THENCE CONTINUING ALONG THE SAID NORTHERLY BOUNDARY OF MERIDIAN PLACE SUBDIVISION N0. I THE FOLLOWING COURSES AND DISTANCES TO IRON PINS: NORTH 7i°20'13" EAST (FORMERLY DESCRIBED AS NORTH 70°45'52" EAST) 153.12 FEET; THENCE NORTH 33°17'21" EAST CFORMERLY DESCRIBED AS NORTH 32°43'00" EAST) 60.00 FEET; THENCE SOUTH 56°42'39" EAST (FORMERLY DESCRIBED AS SOUTH 57°17'00" EAST) 110.10 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT 29.13 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 33°23'00", A RADIUS OF 50.00 FEET, TANGENTS OF 14.99 FEET AND A LONG CHORD OF 28.72 FEET BEARING SOUTH 73°24'09" EAST CFORMERLY DESCRIBED AS SOUTH 73°58'30" EAST) TO A POINT OF TANGENT; THENCE NORTH 89°54'21" EAST (FORMERLY DESCRIBED AS NORTH 89°20'00" EAST) 317.08 FEET; THENCE SOUTH 88°27'27" EAST (FORMERLY DESCRIBED AS SOUTH 89°01'48" EAST) 175.07 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SAID MERIDIAN PLACE SUBDIVISION N0. I; THENCE LEAVING THE SAID NORTHERLY BOUNDARY OF MERIDIAN PLACE SUBDIVISION N0. I NORTH 0°32'07" EAST 631.56 FEET CFORMERLY DESCRIBED AS NORTH 0°07'00" WEST 630.96 FEET) TO THE POINT OF BEGIN- NING, COMPRISING 24.20 ACRES, MORE OR LESS. PREPARED BY: J-U-B ENGINEERS, INC. HWG/JTE/GLR/JDC:SS ~~ ~~-. JOHN ~T. EDDY, L.S. '~~ y ANN Z J JUY ~ w\ O~ s z ~P CITY 0~ PROhsEO ~IERIOIAN P~~B Na ~ S~veOir~s~oN 1 ~.~. ME __ / h ~~T 6 : hi ~ a ,2i5 ;Q! V .. 0 r r ~t ~~ ~~ ~~ ~< <f f~. gE ~~ t f~ ~~ ! L(~ • ~~ t f i ,~ ~~Z ~~ ~A YIVII.~TTED 1 ---*_ ~ !o'er-rr. ":- ARM' f I ~ r t~ .I S a R' [[S ~ I ~ • ~ = I i 2, ~#~~ 0 ~ I ~ O ~ ~ ~~~ Z ~ I ~ saro ~ o t~~ ~ A ~ ~" ~1 . • ~+aa~ 8~8 Q s ,n ~ ~ ~g a. ~ ~~.~ ' ~~ w • ~~ ~~=~g~~~~ p~ ~e;wa {r'( .~ ip ~E! F ~1 i i R R ~~, ~~ S~ ~ii ;~ s ~~ ~ v ~_ ~ 3Z O •3~ ~ ~f~m- ~~^f6CI 'Q °v t ~ e m r0 x 0 • ~ S ~' ~ ~ t+ ~ w ~" 2 ~~' Z //~ 0 ~,_hs ~ M ~$ ~• r e i ~~ Amur ~ p ' ~ ~ _ --.,, d~ ~ a A + ~ ~ q ' ~ a. ~~~~ g YN-Lr1TTED J ,. ~,,,, -: :,~, . ~q. 1 a c' - '- ~.\ BUILDING RESTRICTIONS AND COVENANTS MERIDIAN PLACE, bnit'Z 1QJOW ALL MEN BY THESE PRESENTS: ADA-WEST PROPERTIES, INC, an Idaho corporation, the owner of the property hereinafter described, does by this instru- _ went impose upon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instru- ment. Said premises are described as follows: Meridian Place, Unit °t,, an addition to the City of Meridian, Idaho, according to the official plat thereof, of record in the Office of the Recorder of Ada County, Idaho, as the sang is shown in Book " =-Y o~'„Pla~,s at page ~~ _ ~, Instrument fvi-?- -- - - Said restrictions and covenants are as follows, too-wit: 1. Said land and the-whole thereof shall be used ~~EMd~~~ 1~1~~_ _ ~_ for residential purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the original platting, without the written approval of the Architectural Control Committee. 2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, as to locations with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set back line unless similarly approved. Cpmplete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before construction or alteration is started, and such constructions or alteration shall not be commenced until written approval thereof is given by the ' Committee. As to all improvements, construction and alterations upon building sites, the Committee shall have the right to refuse to approve any design, plan, floor area or color for such improve- ments, construction or alterations which is not suitable or desirable in its opinion, for any reason, aesthestic or otherwise, and in so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surround- ings, and the effect of the building or other structure or alterations therein as planned on the outlook'of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of the surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability or suitability of such proposed - 1 - fw='i,; ~1''-, ^ structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. Should the Committee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been submitted to it, such approval will not be required and the provisions of this paragraph will be deemed to have been fully complied with. 3. No dwelling shall be permitted on•any lot in said ._ subdivision with less than 1350 square feet of space for a single story bolding or 850 square feet on the ground floor for a two story building, exclusive of attached open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Provided, however, the total square feet of space to be occupied by all buildings and structures on any lot cannot exceed 35~ of the total area of the lot upon which constructed. Pre~rie~e~-f~nrt~:e: ,---~-R ~ c ., , , •..,. , c Tua~+o foot-c.~c~aa^w t~ian e„o; pfadrae~, ----- -- - ~ - --- ---~~~-;~ a L z 4. No building shall be erected, placed or altered on any lot nearer than twenty (20) feet from the front street lot line, twenty (20) feet to any side street lot line, six (6) feet from the side lot lines, nor six (6) feet from the rear lot line, for the purpose of this covenant, cornices, canopies, eaves, stairs, steps or open porches shall not be constructed upon nor encroach upon ' easements. 5. In connection with paragraph 4 above, the following structures or projections are permitted within the set back areas therein described: A. Cornices, canopies, eaves, or other pro- jections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. B. Exterior stairs of open design; provided that no such stairs shall project into a required front or side yard more than four (4) feet and into any rear yard more than eight (8) feet. 6. Not withstanding the provisions of paragraphs 3, 4, and 5 above, multiple housing by way of apartments, duplexes, condominiums, townhouses, or similar housing may be constructed and operated upon two (2) or more contiguous lots in this sub- divisimn so long as the set-back lines of said structures are observed from the front and rear thereof, and the outside side lines ffor the lot upon which each side of the structure is located. Provided, however, if multiple dwellings or buildings are constructed on one or more lots in said subdivision, the side lot line require- ments shall not apply to the newly created lot line if the multiple dwelling shall be divided and sold as a separate dwelling or dwell- ings such as townhouses, condominiums, duplexes or apartments. 7. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected in said tract or on any building site thereof shall be used at any time as a residence, - 2 - ~~. -- .. a~ i' temporary or permanent. No structure of a temporary character shall be used at any time as a residence. B. All property will be serviced by public water and public sewer disposal systems. All residences must be connected ' to these utilities at the time of construction. All platted streetfi will be paved and provided with concrete curbs and gutters. 9. Each lot owner shall control the drainage and storm run-of$ from his lot so as to prevent damage or burden to adjoin- ing property. _ 10. No nuisances or offensive activities shall be carried on on any builing site or in any structure built thereon, nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood. 11. No building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary cpntainers and disposed of as directed and authorized by municipal authority. 12. Each lot owner shall construct a garage for at least two cars and shall provide for offstreet parking for any unhoused motor vehicles, trailers, and boats. No inoperative motor vehicle or any of its detached parts may be maintained or stored on any premises longer than seven (7) days except in an enclosed garage. 13. Livestock and Poultry: ~No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept pro- .. vided that they are not kept, bred, or maintained for any commercial purpose. 14. Each of Lots 7 through 14 in Block 1, Lots 1 ~ 2 in Block ~, and all Lots in Block 5, except Lots 4, 7, 6, 9, and 10, have an easement across. the rear or side thereof for drainage purposes. The easement across said Lots is of a sufficient width for tine purpose of operating, maintaining, and cleaning said drain- age ditch. 15. Each lot owner shall promptly, after constructing-a dwelling and attached garage, and in no event later than five (5) months from oc=upancy thereof, seed the yard to lawn or place sod ' thereon and provide and maintain landscaping and trees aesthetically acceptable ror the neighborhood. 16. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty (30) years from the date these covenants are recorded; after said thirty (3C) year period these covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by owners of a majority of the build- .. ing sates within said tract has been recorded, agreeing to the change or cancellation of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial 30 years as stated above, this may be done by an instrument signed by the owners of at least two-thirds of the building sites. - 3 - ~ i s :; . . ~. 17. Enforcement of these covenants may be prosecuted by any owner of any building 'site within said tract by proceedings at law or in equity against any corporation, firm, person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 18. The Architectural Control Committee is composed of: EAr^.L ;,. H1~RMON Boise, Idaho ]?AVID ft'. ~P•f=Old. ~- Boise, Idaho ROBFR'F ~. HP,RMON Boise, Idaho A majority of the Committee may designate a represen- tative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. No Committee member shall be responsible for any violation of the within covenants and restrictions. At any time the then record owners of two-thirds of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its powers and duties. 19. Should any covenant contained herein be rendered invalid by judgment of any Court of competent jurisdict'_on, such invalidation shall in no way affect any of the other provisions herein contained. 2D. The above-described real property of Meridian Place, Unit Z, adjoins property which is or will be subdivided as units of Meridian Place. The roadways, easements and other common facilities covered by Unit 1 plat are subject to the burden of present and future subdivisions platted and approved by Grantor, both adjacent or contiguous to Unit 1. So far as is practicable, urantor will provide similar building restrictions and covenants for all other Meridian Place Units. DATED this 4 y'f day of :c~••c , 1979. ADA-WEST PROPERTIES, INC. • ~- - resident ' ATTEST: ~. } - i .is i ... '~ ~(~ -- Secretary STATE OF IDAHO ) ss. County of Ada ) _ On this %`i day of •> •= , 1979 , before me', the undersigned, a notary public in 'and for said State, personally - 4 - ^, appeared EARL L.~HARMON, and RANDALL WALLIS, known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and _ affixed my official seal, the day and year in this certificate first above written. ' ".' Notary ub is ror da o ~,-. Residing at Boise, Idaho s;a-e rv ,...., c. - . ~-.~. a F~r ,. .. ~~~ .." g y_.-. _y _ ' ~D~ -- UNYIV Br ~~''~ ./"' ' / -5- ~~~_ ~, F~~~, , ~~`_, ; ?>' , ~xs'-, ~_ • J- U-B El ~I G INFERS, I NC. 250 South Beachwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 376-7330 September 14, 1984 Mr. Jack Niemann, City Clerk City of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Mr. Niemann: Re: Preliminary/Final Subdivision Application for Meridian Place No. 2 Subdivision Enclosed is the application for Meridian Place No. 2 Subdivision. Since the subdivision exceeds four lots, we are requesting a variance from item 3.a. of Section 9-604 C of the Meridian Subdivision and Development Ordinance. This variance will allow the plat to be reviewed and approved as a preliminary/ .final. If you have questions or need additional information, please give us a call. Sincerely, J-U-B ENGINEERS, Inc. ~'%2~~~ ayne bs, Head Land De o ent Department H9dG : s s Enclosure ! ~ ~ ~ AFFIDAVIT CERTIFYING NAMES AND ADDRESSES OF PERSONS OWNING PROPERTY WITHIN 300 FEET OF MERIDIAN PLACE SUBDIVISION N0. 2 The undersigned hereby certifies that the attached list of names and addresses represents all persons owning property within 300 feet of Meridian -Place Subdivision No. 2. Names and addresses are as listed on the records of the Ada County Assessor. . Wayn Gib STATE OF IDAHO) County of Ada )ss On this ,%2 ~G day of S e y,~~/ , 1984, before me, the undersigned, a notary public in and for the State of Idaho, personally appeared H. Wayne Gibbs, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ~~.? d Not ry lic for Idaho _ iding at Boise, Idaho i~= i ;.~ p, o , PROPERTY OWNERS WITHIN 300' OF PROPOSED MERIDIAN PLACE N0. 2 SUBDIVISION Harmon Travel Service, Inc. Meridian Place Ltd. Raleigh Hawe Box 7727 Box 7727 530 Blue Heron Boise, ID 83707 Boise, ID 83707 Meridian, ID 83642 Thelma J. Fothergill Adan Gonzales Kelly Sutton 440 Blue Heron 10783 Hinsdale 1185 E. Chateau Dr. Meridian, ID 83642 Boise, ID 83702 Meridian, ID 83642 Thomas 0. Davis Tim Miller Duane Gregg 289 Thornwood 2189 Independence 422 Torrington Meridian, ID 83642 Boise;`ID 83706 Meridian, ID 83642 ~,ergory Dietz John J. Blackwell Kevin S. Gilbertson 1164 Torrington 1184 Torrington 1183 Torrington Ct. Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Michael B. Long Roger A. Dube Thomas O. Davis 1171 Torrington 1151 Torrington 289 Thornwood Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Northwest Inter. Devel. Gerald Varner Joseph G. Young 44 South Meridian Road 1413 Northgate 2095 Jericho Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Carlo Bonelli Leo Sevieri Thomas Davis 1004 Claybourne 7801 Preece Drive Box 686 Meridian, ID 83642 Boise, ID 83704 Meridian, ID 83642 ~' ~„ ~~~ ~~. ~I'.~, ~• ~ o LAW OFFICER GIVENS, MCDEYITT, PUaSLEY, WEHH & BUSES A PARTN6RSMIP INCLUDING PROFfiSSIONAL CORPORATIONS RAYMOND D. GIVENS SUITE SOI, HOFF BUILDING TELEPHONE CHAS. F. M~DEVITT 802 WEST BANNOCK STREET (208) 342-6671 KENNETH L PURSLEY JAY L. WEBS POST OFFICE BOX 2720 PAUL J. 8u8ER, RA. BOISE, IDA$O 83701 LEO EDWARD MILLER ' KENNETH L MALLEA CHRISTOPHER J. BEE90N CELESTE KIM VERNETTt MARK A. INGRAM TELE~PIER TERRY L• MYERS 208) 343-9492 October 9, 1984 Mr. Wayne Gibb JUB Engineering 250 South Beechwood Avenue Boise, ID 83709 Via Hand Deliver Dear Wayne: Enclosed please find a Supplemental Declaration of Convenants, Conditions and Restrictions for Sunnybrook Farms ~~4. For your information, I also enclose a copy of the Declaration of Covenants, Conditions and Restrictions for Sunnybrook Farms ~~3, Ada County Instrument No. 8421713. It is my understanding that you will submit this Supplemental Declaration to the appropriate governmental authorities for their review and approval. Please do not hesitate to call if you have any questions and please also advise the various reviewing authorities that I would be happy to talk to then about the Supplemental Declaration if they have questions. Very truly yours, ~~- G~~~~-~~. Leo Edward Miller .~~~ LEP4 : dk cc: Max Boesiger, Jr. _ Max Boesiger, Sr. Ruth Warfield ~_;~; ~: ~~;,; ; ` 10-09-84/6-3/D~4-1 .Q SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUNNYBROOK FARMS NO. 4 (Annexation of Sunnybrook Farms No. 4) This Supplemental Declaration ("Supplement") is made effec- tive as of the day of , 1984, by MAX A. BOESIGER, INC., an Idaho corporation, hereinafter sometimes referred to as "Grantor" or "Declarant", and shall be incorporated into and supplement that certain Declaration of Covenants, Conditions and Restrictions for Sunnybrook Farms No. 3, recorded as Instrument No. 8421713, in the office of the County Recorder of Ada County, Idaho ("Declaration"). ARTICLE 1 PROPERTY COVERED/ANNEXATION Grantor is the Owner of the real property in the County of Ada, State of Idaho, described as: Sunnybrook Farm No. 4, according to the official plat thereof, recorded as Instrument No. , records of Ada County, Idaho, ("Phase 4 Property ). Grantor, pursuant to the provisions of Article VII of the Declaration, does hereby annex the Phase 4 Property to the Property covered by the Declaration and said phase 4 Property hereby becomes subject to the Declaration and encompassed within the general plans and scheme of covenants, conditions, restric- tions, reservations of easements and equitable servitudes and other terms and conditions contained in the .Declaration, and the Phase 4 Property shall be considered Property as defined in the Declaration and subject to all of the terms therein. Unless - otherwise noted, all defined terms as contained in the Declara- tion shall have the same. meaning in this Supplement as are appli- cable to the Declaration. ARTICLE 2 DECLARATION Grantor hereby declares that the Phase 4 Property, and each lot, parcel, or portion thereof, is and shall be held, sold, con- veyed, encumbered, hypothecated, leased, used, occupied and improved subject to the Declaration and the restrictions, cove- nants, limitations, conditions and equitable servitudes contained therein, all of which are declared and agreed to be in further- . ance of a general plan for the protection, maintenance, sub- division, improvement and sale of the Phase 4 Property, or any y 10-09-84/6-3/De4-1 lot, parcel or portion thereof, and to enchance the value, desirability and attractiveness of the Property. The covenants, conditions and restrictions set forth in the Declaration shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee and his respective successors in interest, and may be enforced by Grantor, by any Grantee or Owner or his succesors in interest, or by the Association as described in the Declaration. ARTICLE 3 COMMON AREA This Supplement shall confirm that Lot 1, Block 14, . Sunnybrook Farms No. 4, is the Common Area described on Exhibit A of the Declaration. IN WITNESS WHEREOF, the Grantor has executed and acknowledged this Supplemental Declaration effective as of the day and year first written above. MAX A. BOESIGNER, INC., an Idaho corporation gy. Max. A. Boesiger, Sr., President SUPPLEMENTAL DECLARATION - 2 10-09-84/6-3/DC 4-1 ~;y ~~~; ,_ s~ STATE OF IDAHO ) ss. County of Ada ) On this day of , 1984, before me, the under- signed, a Notary Public in and for said State, personally appeared MAX A. BOESIGER, SR., known or identified to me to be the President of MAX A. BOESIGER, INC., an Idaho corporation, and who acknowledged to me that he executed the within and foregoing instrument for and on behalf of said Corporation, as the President of said Corporation, and in said Corporation's name. 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 My commission expires: SUPPLEMENTAL DECLARATION - 3 { ~` ~ HUB OF TREASURE L'ALLEI' A Good Place to Llve - OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAI~T A. M. KIEBERT, Treasurer FHCHARD 0. NICHOLS, Chlet of Police f2$ Meridla~ Street BRUCE D. STUART, Water Works, Supt. WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water$upt. 83642 KENNY BOWERS, Fire Chief phone 888-4433 GRANT P. KINGSFORD Mayor August 31, 1984 Mr. August Hein, Superintendent Joint Class School District #2 911 Meridian Street Meridian, Idaho 83642 Dear Mr. Hein, In reviewing your request for the City of Meridian's approval for a ten acre school site located on Chateau Drive in the Meridian Piace Annexation this area is zoned R-8, medium density residential in which a public school is a permitted use. Under the Zoning & Development Ordinance, the division of this property would have to be considered as a subdivision and be processed thru the Subdivision Procedure as outlined in 9-604 of the Subdivision and Development Ordinance, which requires a prelimin- ary and final plat be filed and approved by the City Planning & Zoning Commission and the City Council. If you have any questions, please contact me at City Hall. Sincere _ i C ty C 1 rk c: yor Council Attorney File ~;' COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER _ Chairman Zoning 6 Planning JOINT SCHOOL DISTRICT NO. 2 ADA AND CANYON COUNTIES, IDAHO MERIDIAN, IDAH^ 83642 August 14, 1984 Mr. Jack Niemann, City Clerk City Hall Meridian, Idaho 83642 Dear Jack, The Meridian School District has entered into an agreement to purchase a ten acre elementary school site, that is situated in the N'2 NW% SEZ in Section 6, T3N, RIE; primarily located in the Ei, but extending into the W%. This property adjoins Chateau Drive on the south, and is currently surrounded by farm land on all other sides.. Meridian Place Subdivision, Unit #1 adjoins this property south of Chateau Drive. Please refer to the enclosed area map. This purchase agreement has been entered into, subject to the Meridian School District receiving approval from the City Council (Meridian PF~Z) for us to build an elementary school on this property. You indicated in a previous conversation that this property is zoned residential and that elementary school buildings were permissible in residential zones. Please consider this a formal request to the City of Meridian, asking for approval to utilize the above described property for an elementary school building. If it is necessary to appear personally before the Planning and Zoning Commission, and/or the City Council, may I have the dates of these meetings? Sinc el, , / '~'e ~~ M. Hein ntendent of Schools AMH:cl Encl: Area map ~~:~; Pty; ~;Y, r ., A?:c y~t 6- -. ~~:; _ ~F:; p, ~- ~,~ ~~ r ~r - , -~ ;-, . l FJE ~ IOTHI CAVE • ~ - - • ~- --~ ~- ~® ~ .~ E-__~+~ + ~ ;BRIXTON ~ ~~ • ~"_"` ~-~~ i O -~~ - `~ i j ' ~ C • ~ _ - ~ '' ~ - -- ~ cn ~ - - - ~, ~ _. ~ <{ ~ :aim m: . ~,~ +-3 ~ - ------ -- - ~-- - -: mot"' - - - - - - -=~= . --„ ~.i Iij ~~~ ~ ~.~m g '~i ~1~~ I ~ ~ ~~ . ~ •- +` • ~®a 'r . .` J ~ . -~ • 1 t 'n - - D ~O j I f'" - ~ . i ~ _ ~~c~= ~-cap _---------~ - -~,L--- -- . -.. ---- -- - 0 ~ ~ ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY August 24, 1984 318 E. 37TH STREET BOISE, IDAHO 83714 PHONE 344-6111 August M. Hein, Superintendent -- Joint School District No. 2 Ada and Canyon Counties, Idaho Meridian ID 83642 Re: ELEMENTARY SCHOOL SITE CHATEAU DRIVE AND JERICHO WAY Dear Mr. Hein, This is in response to your letter requesting approval by the Ada County Highway District for the potential school site located north of the Chateau Drive and Jericho Way Intersection. The architect, Mr. D. Leatham and Mr. Harmon; contacted the District regarding the school site and indicated that Mr. Harmon would retain an approximate 120 strip of land along the north side of Chateau Drive and that the 10-acre school parcel would be located north of and abutting the 120' strip of land. The arch- itect also indicated the school would probably be taking access to the school site from Chateau approximately 200' east of the Jericho intersection. If the parcel location and access as described above is the intent, then the Ada County Highway District would recommend the following requirements to the Meridian Planning and Zoning Commission: 1. The access location to be submitted for review and approval by the Ada County Highway District. A 40' wide curb cut is recommended. 2. The access road to the parcel to be a private drive and will not be maintained by the District. 3. Work in the public right-of-way will require an Ada County Highway District permit. 4. Submit a site drainage plan for review and approval by the Ada County Highway District. Additional sidewalk improvements to Chateau Drive will become the responsibility of Mr. Harmon/the developer of 120' wide strip of land on the north side of Chateau. If there are any questions, please call me at 344-6111. Sincerely, ADA COUNTY HIGHWAY DISTRICT Gw~L Carol C. Kirby - Development Services cc: Meridian City Clerk Development Services AN EQUAL OPPORTUNITY EMPLOYER