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HomeMy WebLinkAboutCrestwood Estates #1 RZMERIDIAN CITY COUNCIL ~_ AUGUST 21, 1990 PAGE # 2 There was no response, the Public Hearing was closed. Item # 4: Ordiance #543: Annual Appropriation Ordinance for 1990-91 Fiscal Year: Mayor Kingsford: An Ordinance entitled the Annual Appropriation Ordinance for Fiscal Year Beginning October 1, 1990, Appropriating the sum of $4,853,207.00 to defray the expense and liabilities of the City of Meridian for said Fiscal Year, Authorizing a levy of a sufficient tax upon the taxable property and specifying the objects and purposes for which appropriation is made, is there anyone in the audience who wishes Ordinance # 543 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 543 as read be passed and approved: Motion Carried: Roll Call Vote: Yerrington,Yea: Myers,Yea: Tolsma, Yea: Item #5: Public Hearing: Request for rezone of portion of Lot 11 & Lot 12 Block 1, Crestwood Estates Subdivision #1: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone from the audience who wishes to testify on this issue? Keith Jacobs, 7025 Emerald, Boise: Jacobs was sworn by the Attorney: Jacobs: I am here tonite to answer any questions the Council might have on this particular request. Mayor Kingsford: Any questions of Mr. Jacobs, I think each of the Council Members have been apprised at some great length on this subject. We did receive the letter from the Architectural Control Committee. Tolsma: How about the sewer & water? Jacobs: We will put in a new service for each one of the lots and adjust the water to accomodate this. Mayor Kingsford: Anyone else from the Public who wishes to-offer test- imony on this request? There was no response, the. Public Hearing was closed. Councilmen you have the Findings. as prepared for the Planning & Zoning Commission, there has been no new testimony. The Motion was made by Myers and seconded by Yerrington to approve the Findings of Fact & Conclusions of Law as prepared for the Planning & Zoning Commission. Roll Call Vote: Yerrington, Yea: Myers, Yea: Tolsma, Yea: Item #6: Ordinance #544: Ordinance rezoning portion of Lot 11 & Lot 12, Crestwood Estates #1: Mayor Kingsford: An Ordinance amending and changing the zoning of certain real property in the City of Meridian which is generally described as Lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision MERIDIAN CITY COUNCIL. AUGUST 21, 1990 - PAGE # 3 No. 1, Meridian, Ada County, Idaho; and providing an effective date. Is there anyone in the audience who wishes Ordinance #544 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance #544 as read be passed and approved. Roll Call Vote: Yerrington, Yea: Myers, Yea: Tolsma, Yea: Item #7: Ellsworth Loveland: Proposed project at 785 West Franklin: Mr. Loveland: We would like to put in for a zone change at 875 West Franklin, what we intend to do there is put in a fish pond, I think it is zoned residential now and we would like to change that to commercial so we could be allowed~~to put the fish pond in. I have a drawing of what it would look like. Loveland showed the Mayor & Council the draw- ing. Mayor Kingsford: Your intention then is to stock this and charge for fishing? Loveland: Yes: It is something we do not have around here so I think it would do alright. Mayor Kingsford: Councilman Giesler who was not able to be here tonight expressed concern about the area being in a residential area and the potentialmosquito problem this could create, have you done any looking into that? Loveland: We could spray it as far as that is concerned.., but there is water now on both sides, I do not Mink there would be any mosquito problems. Mayor Kingsford: How about security, will it be fenced? Loveland: It will be fenced. Tolsma: How do water get in & out there? Loveland: We have water right and we intend to put in a well and where the back of the pond is we will be able to fill that up. Tolsma: Have you checked with the Irrigation District to see if they will allow discharge into that: Loveland: Yea: City Clerk: Where do you plan to discharge~n cold weather? Loveland: We intend to put a filter on the West side and discharge it into the field. Mayor Kingsford: Basically what you are asking for now is our opinions and you are going to have to rezone. ~• ORDINANCE N0._~~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 12 AND A PORTION OF LOT 11, BLOCK 1 OF CRESTWOOD ESTATES SUBDIVISION N0. 1, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Counci 1 and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (R-8) Residential, for the following parcel described in Exhibits "A" and "B" incorporated herein as if set forth in full hereat. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldtan, Idaho 83fl42 Telephone 8884187 Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described in Exhibits "A" and "B", incorporated herein as if set forth in full hereat, be, and the same is rezoned from (R-4) Residential to (R-8) Residential, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. • • • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this~~ day of S , 1990. AMBROSE, FITZGERAID dCROOKSTON Attorneys and Counselors P.O. Box 4Z7 Merldlan, Idaho 93842 Telephone 898.4481 APPRQVED: ~' ,~~, ~. -- RAN KIN R i • STATE OF IDAHO,) County of Ada, SS. I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 12 AND A PORTION OF LOT 11, BLOCK 1 OF CRESTWOOD ESTATES SUBDIVISION N0. 1, MERIDIAN, ADA COUNTY, IDAHO• AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. by the City Coun it and N~ayor of the City of Meridian, o t e day of ~ ' y J- 1990, as the same appears ~n my office. DATED this aa-~~ day of ,~ 1990. -- ~ ~, it ity o Mer> >an Ada County, Idaho AMBROSE, FITZGERALD 3CROOKSTON Attornsya and Counsebra P.O. Box 427 Msrldlan, Idaho 83842 Telephone BBB-4481 STATE OF IDAHO,) ss. County of Ada, ) On this ~~ day of ~` ~ ys 1990, before me, the undersign~a Notary u is in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,~spN~~~~re~p~~ . r _ o i ~~~F.~`~a~Z A d? Y a e a (SEAL) `" ~~_ ~; 6 0 ~ r~ ~ ary Pu is for Idaho ,iding at Meridian, Idaho commission expires 9/1/93 • • A parcel of land being in portions of Lots 11 and 1l or Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Hoise, Idaho in Book 36 of Plats at pages 3060 and 3061 lying in the NE 1/4 of the NW 1/4 of Section 13, T.3N., R.1W., B.M.,Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence North 14'00'00" West 68.80 feet along the Southwesterly boundary line of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 14.00'00" West 68.75 feet along the said Southwesterly boundary line of Lot 12 and the Southwesterly boundary line of the said Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin on the Southerly boundafry of a parcel of land described in Warranty Deed Instrument No. 8767224; thence North 88°56'55" East 116.12- feet (formerly described as North 89.00'00" East 116.14 feet) along the said Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224 to an iron pin on the Northeasterly boundary line of the said Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1; Exhibit "A" ~• r .. thence South 23°13'00" East 2.68 feet (formerly described as 2.65 feet) along the said Northeasterly boundary line of Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 9°10'00" East 53.27 feet along the said Northeasterly boundary line of Lot 11 and Northeasterly boundary line of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 82'47'39" West 109.88 feet to the point of beginning, comprising 0.160 acre (6,973.73 square feet), more or less, EXCEPT: A parcel of land being in portions of Lots 11 and 12 of. Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 26 of Plats at pages ,3060 and 3061 and a portion of land lying in Warranty Deed Instrument No. 7534512 lying in the' NE 1/4 of the NW 1/4 of Section 13, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence.-.North 14'00'00" West 68.80 feet along the Southt,,resterly boundary line of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence North 82°47'39" East 96.66 feet to a point on the Westerly boundary line of a parcel of land described in the said Warranty Deed No. 7534512, also said point .being the REAL POINT OF BEGINNING; thence continuing North 82°47'39" East 13.22 feet to an iron pin on the Northeasterly boundary line of -the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; . ,. ~` , • • • thence North 9'10'00" West 53.27 feet along the said Northeasterly boundary line of Lot 12 and the Northeasterly boundary line of the said Lot il'of Block 1 of Crest Wood Estates Subdivision No. l to an iron pin; thence North 23°.13'00" West 2.68 feet (formerly described as 2.65 feet) along the said Northeasterly boundary line of Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin on the Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224; thence South 88.56'55" West (formerly described as South 89'00'00" West) 14.26 feet along the said Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224 to a point on the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512; thence South 23°13'00" East 6.43 along the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512 to a point; thence South 9°10'00" East 51.19 feet along .the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512 to the point of beginning, comprising 0.017 acre (749.97 square feet), more or less, said parcel of land containing a net area of 0.143 acre (5,915.59 square feet), more or less, SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. i • A parcel of land being fn a portion of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 36 of Plats at pages 3060 and 3061 lying in the NE 1/4 of the NW 1/4 of Section 13, T.3N., R.iW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the Southwest corner of the said Lot 12 of Hlock 1 of Crest Wood Estates Subdivision No. 1, also said point being the REAL POINT OF BEGINNING; thenOe,, North 14°00'00" West 68.80, feet along the Southwesterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence North 82°47'39" East 109.88 feet to an iron pin on the Northeasterly bQUndary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence South 9'10'00" East 56.00 feet along the said Northeasterly boundary of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin marking the Southeast corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence South 76'00'00" West 104.39 feet along the Southeasterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to the point of beginning, comprising 0.153 acre (6,665.85 square feet), more or less, EXCEPT: A parcdl of land being in a portion of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 36 of Plats at pages 3060 and 3061 and a portion of land lying in Warranty Deed Instrument No. 7534512 lying in the NE 1/4 of the NW 1/4 of section 13, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence North 76'0000" East 91.13 feet along'~the Southeasterly boundary of 'the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to a point on the Westerly boundary line of a parcel of land described in the said Warranty Deed No. 7534512, also said paint being the REAL POINT OF BEGINNING; < :_~, Exhibit "B" . •, ', • thence continuing North 76.00'00" East 13.26 feet along the said Southeasterly boundary of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin marking the Southeast corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence North 9'10'00" West 56.00 feet along the Northeasterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 82°47'39" West 13.22 feet to a point on the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512; thence South 9°10'00" East 57.57 feet along the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512 to the point of beginping, comprising 0.017 acre (750.26 square feet), more or less, sa$d parcel of land containing a net area of 0.136 acre (5,915.59 ;square feet), more or less, SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. „# iiii iiiii ~i i R ~ c ~ ~ ~ ~ a ~ ~ r. ~ r. 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R CEN~ VALLEY HOMEOWNERS ASSOCIATION 1116 Crestwood Drive Meridian, Idaho 83642 August 17, 1990 City of Meridian Attention: Jack Nieman The Architectural Control Committee of the Centre Valley Homeowners Association has no objection to a reduction in the lot sizes of part of Lot 11 and Lot 12, Block 1, of Crestwood Estates Subdivision #1. Be advised that the Architectural Control Committee must still approve the individual house plans for final approval. Sincerely, /. Brian E. Henman Chairman, Architectural Control Committee Centre Valley Homeowners Association b L°c~^~~'J QC\ ~Chl, ~ '' ~;i ~~ AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m., Tuesday, August 21, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of HENDERSHOT CONSTRUCTION for a rezone of Lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision No. 1, B.M., Ada County, Idaho. The property is generally located East of Linder Road and South of Franklin Road in Crestwood Estates Subdivision No. 1. The Applicant is requesting a rezone from (R-4) Residential to (R-8) Residential. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this~~ ~~' day o 1990. ADA COU~TY HIGHWA DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 • Inter-Department Correspondence To: Ada County Highway District Commission Date: July 25, 1990 From: Development Services Subject: MERIDIAN - REZONE CREST'AOOD R-4 to R-8 FACTS & FINDINGS: 1. Hendershot Construction is requesting a rezone from R-4 to R-8 with a lot line adjustment to allow two single family building lots. 2. Crestwood Drive has 50-feet of right-of-way (which is adequate), and is fully improved. • Requirements are provided to Meridian Planning & Zoning as conditions for compliance. STANDARD REQUIREMENT: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: John R. Stolley, P.E. • DATE OF COMMISSION APPROVAL: MERIDIAN/ZTR. 8-02-90 i I/~ i 12 -- -- . .. -- - - • -- _ ~- -~ t--- f= R A N K L (N R D ~.¢ i ~ 13 ~ - C~EE.TJ .VYOOD EST~TESj No. ~~ 1 2 3 a } LOOC 2 • • ,o W CREffIIST wJOG DR fI 8 I 7 6 1 OS I • I 3 2 1 I c s~ wpo E . 9 t3 Ia is Is n I• :T7 OR. IO 'O PL. NQ 4 0 ~ ~ ~ ~ /'fi,Qq ~ 23 20 ~ ST ~ = ---- _ __ - _s -= --- ~ s ' 6 ' • 7 .~ • ~ -~ ,o 2 ~ „ .~ ,2 3 Q,Q o~ t3 14 • ~ ~ 15 s 1• 17 10 3 • ~ L 1• ~* _ / Ip•~®IOR 7-J// • 6 12 ~ ` • • -~ • • 10 11 2 Q, I I 1 f I i ! ~~ >> 3 4 b - - ~ O 2 -- .~ 4 i 5 6 7 ...--~ 8 9 I CREST WOOD I a ,p I (Z ~i12 ~ 14 I15 ~~7 ~ I N 2t ~~ ~ ~s5~ 30In II (f ~ I iz , i co ~ G+reT WOGD CiR. !' Z z 4 3 I }I 10 23 24 25 `25 ly 5_ J~ 9~ 6 W 8rj c~ 7 W T -- - -- ___ .- - -- -_ - -- -9- 1 -~ ,~ - Etiy. <~~ ~J _ ~-AdiALLARD " LANDING nn111, [ nA1 __ -- - -~ ~-1~ LJ-~ V I J I V E V . -- -_- `.~° = - • . ~i 1 T. • • SPECIAL MEETING OF THE MERIDIAN PLANNING & ZONING JULY 31,1990 Special Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Moe Alidjani, Jim Shearer, Charlie Rountree, Tim Hepper: Others Present: Carol Hendershot, Monte Ralstin, Kent Barney, Keith Jacobs, Wayne Crookston, Mr. & Mrs. Taylor, Jack Smith: Chairman Johnson: We have one-item on the agenda, that is a Public Hearing on a request for rezone by Hendershot Construction, at this time I will open the Public Hearing, is there anyone in the audience who wishes to offer testimony on the request? Keith Jacobs, Hubble Engineering,Jacobs was sworn by the Attorney: Jacobs: We are requesting a rezone on two lots so it is possible to two houses in the area, the reason for the rezone if this is not gr it will not be feasible to purchase the lots and develop bQth~parcel there will be one lot that will be unattended. Rountree: Is it your intention to build only a single family dwelli each lot, if it is rezoned and resubdivided? Jacobs: Yes: Rountree: What is the situation with respect to the existing covenants with what you are proposing to do? Jacobs: I do not know what the answer to that question is; I have not reviewed the covenants: Rountree: Have you seen the comments from the City Engineer? Jacobs: No, I have not: Chairman Johnson: Why don't you read those Mr. Rountree, they are not very long: Rountree: Sanitary Sewer: Construct new sewer service to Lot 11 from sewer main in Crestwood Drive, Water:Abandon existing water meter tiles located at the common lot line of the existing Lots 11 & 12; Dig up the existing service line connection to the main and plug the tap as required by the water department, retap the main and construct new service line to a double yoke meter the located at the lot corner common to the new Lot 11 & 12: Jacobs: I think that would be acceptable: Chairman Johnson: There is a question I have regarding the Covenants,it is my understanding that in order to reduce the size of the Lots, the Covenants require that the Architectural Committee approve this. Jacobs: I have not made contact but Mr. Barney. has, maybe he can address this issue. MERIDIAN P & Z: ~ ~- JULY 31, 1990 PAGE # 2 Chairman Johnson: Is there anyone else from the Public that wishes to offer testimony? Kent Barney, 2375 N. Ten Mile: Barney was sworn by the Attorney: Barney: The question of housing on these lots, our intention is to build single family residents, we have one lot that has a buyer for it, the house meets the City minimum square foot standards, this particular unit has 1336 square feet.We have shown those plans to the President of the Home Owners Association and his comment to me was, that the response to those plans was good and he did not forsee any problems. We do not have a purchaser for the other lot but our intention is to have it around the same size.. Chairman Johnson: At this time you do not have the written consent? Barney: No we don't, we have not had time, we just made contact yesterday. Alidjani: Do you forsee a problem asking him for a letter of some kind? Barney: The comments back from him have been postive, I can't say fo certain that he would give us that, I think he would have to probabl go back to the Homeowners Association and get their approval to give u an ok to do this. Chairman Johnson: .Can you give us a brief overview as to how this property got into this problem: Barney: As near as I can tell up on the corner they were building town house and they had comprimised some of the lot lines, I assume to build larger town houses and as they came around the corner there was more and, more land being used for the homes, they got down to the first single family residence that is there and apparently that house was given twenty five feet of Lot #11 to install a septic tank and also make the lot conform to the zoning requirements and the reason we are asking for a new zone is there is not enough land there to accomodate the present zoning for two houses: Chairman Johnson: It just does not sound like it was thought out very well you know it is a problem they have gotten themselves into and I wanted to hear your idea as to what really happened there. Is there anyone else from the Public who wishes to offer testimony? Monte Ralstin, Jr., 935 Crestwood, Ralstin was sworn by the Attorney: Ralstin: The 25 feet was deeded for the owners on Lot 10 to be able to install a septic system as they were unable to connect to the city sewer, since the sewer line has been completed they have now connected to the system, there was some discussion at one time with a prior contractor of buying a piece of that property from the owners of Lot #10, my under- standing is if they were to buy that property two problems would arise, one the mortage company may have a problem in giving up their interest in that property and secondly the septic system would have. to be removed to make it feasible to build on and then there is another consideration it would then make the Lot substandard. I am President of the Homeowners Association and on the Architectural Committee, the Chairman was unable r MERIDIAN P & Z ~ • JULY 31, 1990 PAGE # 3 to be here tonite, but our feeling pretty much as an Association and as neighbors that are within that 300 foot radius, we feel that we would like to see the development completed under Crestwood #1 & 2, that has been out there almost fourteen years now. So onr feeling is that what ever we can do to accomodate that to see these things built on we would be willing to go with that. City Clerk: The Commission can not actually approve this until the applicant obtains a letter from the Architectural Committee: Ralstin: I just became aware of that this afternoon when Mr. Barney called me and I did go back and look at the Covenants again and saw that paragraph and I do not think this will be a problem. Chairman Johnson: We can make a recommendation with contingencies: Rountree: Do you have minimum square footage in the covenants? Ralstin: Yes we do, this meets the City's, ours was actually less than the City's present requirements. We are happy to see this larger size. Chairman Johnson: Anyone else from the Public wish to testify? Ralstin: One other comment, Ithink our only concern that the other house that would be built would be similiar in size and that appropriate set- backs be met. Chariman Johnson: Being no one else wishes to offer testimony, I will now close the Public Hearing? The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Hepper, Yea: Rountree, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Alidjani & seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City Council of ,the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application upon the conditions staed therein & the comments of ACRD, City Engineer & Nampa Meridian Irrigation District contingent upon receiving a letter fron the Architectural Control Committe of Crestwood Estates giving consent to reduce the lot size to a lesser amount. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Rountree & seconded by Shearer to adjourn at 7:50 p.m.: Motion Carried: All Yea: TEST: v-~ J k iema City Clerk APPROVED: JIM JOHNSON, CHAIRMAN r i ~ENDERSHOT CONSTRUCTION REZONE REQUEST W/LOT LINE ADJUSTMENT CRESTWOOD #1: LOT #12 & PORTION. OF' LOT # 11: C 0 M M E N TS 1: Central District Health: Can Approve with central water & sewer: 2: City ,Engineer: See Attached Comments.: 3: Police Dept: No Problems: 4: Sewer Dept: Would be necessary to install new service line or obtain and easement for the crossing of Lot 10 to pickup existing Service Line: 5: ATTORNEY HAS PREPARED PRELIMINARX FINDING ON THIS REQUEST WHICH ARE ATTACHED: 6: PUBLIC HEARING HELD BEFORE THE P & Z COMMISSION ON JULY 31, 1990: P & Z COMMISSION RECOMMENDED THAT THIS BE APPROVE CONTINGENT UPON RECEIVING A LETTER FROM THE ARCHITECTURAL COMMITTEE OF CRESTWOOD ESTATES GIVING CONSENT TO REDUCE THE LOT SIZE TO A LESSOR AMOUNT: 7: COPY OF FINDINGS PREPARED FOR THE P & Z COMMISSION ATTACHED: 8: ADA COUNTY HIGHWAY DISTRICT HAS NO REQUIREMENTS ON THIS OTHER THAN PERMIT REQUIRED FOR ANY WORK IN THE STREET: g II Illll~~~~~ii~~~~~~~ III ~I i ~ ~~ ~? "~ ~ R~ ~~~ ro ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ a ~ a ~ S' ~i ~c ~ ~ ~ ~ ~ ~, . ~ ~ ~ '.. ~ 6 ~ "~ ~C -'• ~' rt R a ~ -~~ o ~ ~ ~ "•~ ~ ro ~ s PP r -+ ~ fi -~ ._ fL a _ L~ g ~ ~ ~ ~ ~ S ~' ~ I i~ +, A Q ~ ~ ~ N w ~ s o ~ S S~' SS N • ~ + ~ ~ p• -r- 9 ~ S - o * ~ ~ ~ ti ~ ~ ~ ~'' S to o s .~ S- s s ~~ ¢S"v o~ ~ ~ -r Q S sL -+ -a ~ ~ 4 n o ~ ~ ~ ~~ ~ N ~ s ~ ~ p ~ ~~~#-~. o ~ ~ ~ ~~ ~ ~ ~ 3~ ~ .. ~ °° n R'+ ~ M .. ~ ~ SRC py, ~ ~K ~ ~ ~ ~ r~ ~ H ~ ~ '~ ~~ ~ •• ~ ~ ~ a ~ F' F w r .. £g N g .. • S ~ ~j~ • • R -- BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HENDERSHOT CONSTRUCTION REZONE LOTS 11 AND 12, BLOCK 1, CRESTWOOD ESTATES #1 MERIDIAN, IDAHO AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counaelora P.O. Box 427 Meridlen, Idaho 83842 Telephone 88&4481 PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 31, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Preliminary Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 31, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 31, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of • • Meridian, the owner of record is Washington Federal Savings and '; Loan, and the Applicant has an Agreement to Purchase said property; the property is described in the Application which description is incorporated herein; the property is in Crestwood Estates Subdivision No. 1 which is South of Franklin Road and East of Linder Road. 3. That the Applicant requests that the property, which is now zoned R-4, be rezoned to R-8; the Applicant proposes to construct single family dwellings on the two lots even though the proposed R-8 zoning would allow duplexes; the reason for the rezone is to reduce the required lot size and street frontage requirements. 4. For single family dwellings the minimum lot size in the R-4 District is 8,000 square feet and the minimum street frontage is 70 feet; that in the R-8 zone the minimum lot size is 6,000 square feet and the minimum street frontage is 60.00 feet. 5. That the R-8 District is described in the Zoning AMBROSE, FITZGERALD aCROOKSTON Attorneys end Counselors P.O. Box 427 Merfdlan, Idaho 83642 Telephone 98&1461 Ordinance, 11-2-408 B 2 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: e purpose o the R- lstrict is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. i • 6. That Crestwood Estates Subdivision is an R-4 type subdivision which was developed prior to the adoption of R-4, R- 8 zones under the 1984 Zoning Ordinance. 7. That the property is contained in the CINDER ACRES NEIGHBORHOOD as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with uni orm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." AM BROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4461 8. That the use proposed by the Applicant is set forth above and the Applicant proposes to provide for two single family building lots. 9. That if the rezone is not. approved the remaining portion of Lot 11 could not be built on under the R-4 Zoning and would likely be neglected and weeds allowed to accumulate. 10. That the property can be connected to City sewer and water and those services are available. 11. That comments may be submitted by the City Engineer, Nampa & Meridian Irrigation District, and by the Ada County Highway District; if submitted those comments are incorporated herein. 12. That these findings of fact and conclusions of law have been prepared prior to hearing on the proposed rezone, and may have to be amended as a result of testimony at the public • • ,hearing. CONCLUSIONS ~ 1. That all the procedural requirements of the Local ~~ Planning Act and of the Ordinances of the City of Meridian have !, been met; including the mailing of notice to owners of property i within 300 feet of the external boundaries of the Applicant's i property. 2. That the City of Meridian has authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, ~, Idaho Code, and, pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and II ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place ~ , conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Com prehensive Plan of the City of Meridian, and !, the record submitte d to it and the things of which it can take judicial notice. That 11- 6 2-416 (K) of the Revised and Compiled i FTZGERALD • BCROOKSTON Ordinances of the City of Meridian sets forth the standards Attorneys end Counselors P.O. Box 427 i Merfdlen, Idaho 83642 Telephone BBB-4461 4 • • under which City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: a. The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. b. The area is in the CINDER ACRES neighborhood which is designed for residential uses and a mix of those uses and a rezone of the subject property is in 1 ine with that designation. c. The area included in the zoning amendment was intended to be developed in a neighborhood fashion which is the fashion proposed. d. There has not been a change in the area or adjacent areas which may dictate the parcels should be rezoned, but if it is not rezoned one of the lots will not be able to be built on and likely would accumulate weeds and detract from the neighborhood. e. That the property must be designed and constructed to be harmonious with the surrounding area, and such is a requirement and condition of the rezone. f. The proposed uses would not be hazardous or disturbing to the existing or future uses of the neighborhood. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelora P.O. Box 127 Meridian, Idaho 93842 Telephone 88&4461 g. The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. h. The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. • • i. The proposed uses will not involve any detrimental activity to any person's property or the general welfare. j. Development would not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. k. That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. 1. The proposed zoning amendment is in the best interest of the City of Meridian. 7. That the comments, if submitted, by the Nampa & Meridian Irrigation District, the Ada County Highway District, and the City Engineer as incorporated herein shall be a requirement for the rezone. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to any occupancy. 9. That even though the requested rezone is to R-8 which allows duplexes the use of the property shall be limited to single-family dwellings and such shall be a restriction in the rezone ordinance. 10. It is finally concluded that, provided the Applicant AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 888-4481 meets the conditions stated herein, the rezone will be in the best interest of the area and the City. v F. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL VOTED ~'~ COMMISSIONER HEPPER COMMISSIONER ROUNTREE VOTED ~~~- COMMISSIONER SHEARER VOTED =C1 COMMISSIONER ALIDJANI VOTED (;f~'~___ CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~_~-_ DECISION AND RECOMMENDATION AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Boa 427 Meridian, Idaho 83842 Telephone 88B-4481 The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application upon the conditions stated herein and the comments of Ada County, Highway District, City Engineer, and Nampa & Meridian Irrigation District, if comments are submitted,ALSO CONTINGENT UPON RECEIVING A LETTER FROM THE ARCHITECTURAL CONTROL COMMITTEE OF CREST~~OOD ESTATES GIVING CONSENT TO REDUCE THE LOT SIZE TO A LESSER AP•40UNT: MOTION: `` APPROVED: ~I f~( DISAPPROVED: ro ~I I I' I I~ I I I I I s ~~ ~ ~~ R f I I ~' b I m ~ ~ ~ ~ -c ~ g ~ C- ~ H ~ b R ~ N R ~i rr~ ~ ~ w ~ ~~ 8 N b~ R b~ ~ ~r R ~' " 4 v ~ ~ a ~ '" . i-+ ~ ~~ ~T ~ • ~, Y~ R ~ fa'- ~ ~ -~+- ~~ ~ ~ R R ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ v ~ R ~ ~ ~~v ~~ d ~~ b ~~ ~ ~ c ~~ A ~' '~ ~ u A N ~ S+ ~ ~ ~ ~ ~ b ~ ~ .. o Oq ~ q 3 AE A ~ A OI ~ O y A N _ y e N. A. ~ G/ y ~ ~ ~ ~ ~ ~r ~ N A, ~ H ~ O o O ]r o p y ~ A ~ 4 b ~ r o ~. :' ~ ~ ~ ~ C m 4 w to c~ ^ ~'~ ~~ ~ a~ WI W '2. ''~. m ~ ~ N !+~ y ~ c c" ~ ~ n F, .. A ~/ ~,~ ~ ~ O y ~ N ~ -O o~~ a a "~ Nrr~ ~ r^S M ~• o ,.,. .~ ~n 'K 67 C7' e~r A O N H m tCCU ~ x fro ~ • t-~ ~'' ^ Z H < ~'~.. - ~ y O H eh RL ~'~' ~ R f..~ ~ ~ W R' ~'~ `.i td pr ~„_:: CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIE~,1 SHEET Return to: q~ S.-iN ~~ /-~''p,Ly Boise Rezone # /V /L ZUj'y ~ ~ ~ - /~ ~ /~~ ~ ~~~~` ~N~~ / Fagl e _ Conditional Use # ~~Fieridian _ Preliminary/F' 1/Short Plat _ Kuna !/ /~l£7.oN~ Lvi ~n/~ ~9J IVSTIYR~- ACZ 1. _ We have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. _ _ _ Specific knowledge_as to_the e}cact type of__use must be_proyi__ded_before we_ean_corrme_nt ~n___ this proposal. 4. _ We will require more data concerning soil. conditions on this proposal before we can comnent. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual. sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. / We ~an approve this proposal for: Central sewage _Interim sewage _Individual sewage _ Community sewage system and //f',entral water Individual water _ Community water well. 8. f~ Plans forCentral sewage _Comrrnuiity sewage system _Sewage dry lanes, and !/C,entral water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. / Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water. can be deterrru_ned if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan review for any (food establi_shment)(beverage establishment)(swimming pools or spas)(grocery store). 13 . _ ,~_~~~ . ~NN~ <.J~-~°f.~-y /.11X!' /~CGd/~ar .~-~i 7~ fd /L~.l / /~n_ Z b Reviewed by Date ~~~ I ~~ ~~~~ ~~ .p $ ~ r• R 5 ~ O R ~ 00 ~ ~ ,~ ~ ~ N ~ ~i ~ ~ ~ ~ r m ~ •~~ S'v $ ~ ~ ~ ~ ~ b ~ ~ ho -4' ~ ~ ~ s • x o a `` D W~ •Q" f'' ~ n s' ,~ Cj ~° Vl ~ G1 ~ ~ v ~, ~ t0 ~ -~-- ~p O+ + S ~o ~ ~ ~ .t3.i .. ~ ~ ~ ~ ~ P s -- ~ ~ ~ a ~ + ~ p ~ ~ ~ ~ N ~ ~ o s s ~ ~c d r ~- 3 S 2 ~ ~ ,~, N S s, v- r o c A o- _ ~ t • ^ ~ S si s ~ o ~ ` `s ` F ~ ~ S ~ ~ s t ~ ~ ~ ~ '~ S si. -} ~ - ~ 4 n i ~1 ~ cn ~ ~ O ~ .S ' ~' ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~m ~ ~ ~ ~ N ~ .. "' ~ ~~ ~ m~ ~ ~ ~ ~~ ~ ~, S H ~ ~ ~ ~ ~~ ~ ~ .. ~ ~. ~ a ~ ~ ~-+ r• ' ~ K ~+ ~ ~ $g ~ g , s ~ • ~ e~ ~~ I I I I I I I I I I I I I ~I I I I I ro ~~"5 ~~ ~~~ ~~ ~ ~ 0r Fp~• N .~ R 5 ~` o R ~ a ~ ~ ~. ~~--~"R ~ ~ ~ ~ ° rt r- ~ ~' ~~ ~ K tip R' ~ ~ ~ v ~ ~. • a b ~ `'' ~R ~~~ ~ • ~• ~ Q .c 6 °~ ~ ~ ~ a ... K ~ Q ~j ... "' O ~ ~ H •C ~ ~' v H :~ t :: ~~~ ~ ~ ~ ~" f F~+ R o~ • W ~1 ~h rr ~µ S g R I--' N !~~ ~'S ~~ K ~~ r'~ ~~ a,~ ~~ r+ M N `.d M d g ~~ r e !d Z ~, N H~ Z ~~~ a G7 y~y th W I--' N O ~ g ~~ ~ .. ro ~~ ~~ J R A w ~~ iii 5 ~ ~ ~' a ~. .. g i-. 7 i-. "~~i-~o ~~ iii iii ~~~~~~ ~..• ~ ~ r* r M IA'- p M O ~ ~' c ~~T. R ~ _ ~'{ w ~ ~ ~ ~~~~~~w ~ss~~~ ~g~~~~ iiiiiiii N ~ ~ • ~ .r ~ • e• o ~• ~ r r* .~ `~ w ~ C '~' ~' s cT v ~ ~. f * C~ ~ ~ ~ .fi 9 ~/ -- ~- -r - ~ ~ - ~ ~~ ~- ~ ~ S i "Z5 A ~. t. ~ o~ s ~~. S O ~ N ~ ~ ~, ~- T s S ~ ~` s' ° o ~ ~ ~ o ~ ~ ~- N ~ S ~ ~ ~^~o~ 1 ` ~ ~ ~ 4 x? a_ ` ,~ ~ O T `t ~~~ n '~ N R+ ~_~ ~ ~ ~~ ~ ~ • H O r1 ~ ~ f.. ~S .. ~~ S ~R ^^ ~+A `J q N S -+- ~ -~ o ~ a `` ~ Q c ~, t~ ~ ~° Vl ~ G7 ~-~ ~ ro ~- ~ ~ .. ~- ~ ~ ~ K n ~ ~ ~ ~ (,~ l0 .. N ~ o ~t K R ~ n ~o ~~ o ~,~ ~~ ~ ~~ ~ ni r• ~ •• M ~~ o~ ~~ ~ ~' ~ ~ ~ ~. ~ Q'' ~r (rJ Q+ {~Y ~ ~~ g ~" .. . . ~~~ ~ g ~~ ~ .. ro ~~ • ~~ e• . „ ~~ ~~ ~~ ~~ iiiii i iiii~ ~i~ i~ ~~ r r /. v ~ ,~ ~ m H rrp,•, ~r p• n ~ ~ R ~C M K .. ~ r~ ~ ~ w ~ r ~o rt .~ r• . ~ ~ '"' ,~ .. ~ ~* ~ ~ ~ ~' ~ w ~ •o r* ~ ~ r ~~ ~~ .. ~ ... . ~~ n v ~ ~ ~ ~ ~ ~ n ~ ~ ca -~ '~ ~ ~ fi ~+ ~ ~. 0 R'~ N W I--' N O ~' F-' I--' I--' O r~ ~~~ I; r i; '< m ~ A z~ r ~ E~ tai ? ~ N b R'+ ~ ~ M p fr'' K a ~j ~ ~ ~rC ~ ~p t ~ H m bd ~ p ~ p ~~ ~ R'~ K i-' .. ~~ g Sil •. ~r .. d ro ~: W Q~pQ, per, W Z i+~ ~ ~ ~1 M ~ C~~' • • July 10, 1990 Meridian City Planning & Zoning Commission Dear Sirs: We are respectfully requesting a zone change on a portion of two lots within Crestwood Estates Subdivision #1, Lots 11 & 12 of Block #1. It would appear that the most practical zone for this property would be R8. The balance of this property would allow us to have two lots available with about 6600 square feet each for single family detached housing. The new zone designation compreshensive plan. would comply with Meridians G ~ ~- 2 Ed He dershot Park Pointe REALTY, Inc. P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 . • • APPLICATION FOR ANNEXATION APPROVAL ~ ZONING Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION G~Z~~7`wdb d of Subdivision) _ -T l i . /. _ ~/~ ~i S 7 ~ w~~ ~ - - -- (General Location) o ,~ o ~o~i/w~~lp~~~-ia - ~~~~ l Ce~s7w~~s Legal Desc iption - attach if lengthy) ~~ l (Owner(s) f Record) (Name) (Telephone No. ) (Address) (Applicant) (Name) 11elepjlUllC 1YV. ) (Address) J ~. 1v ~ ;~ Z - .. (Engineer, Survey r or Plann r) (Name) (Telephone No. ) S ~ 2 t-,a. i,Q, w r9 ~ (Address) i ~~.~/d/~4~ ~ fi (Jurisdiction(s) Requiring Approval) (Type of Subdivision-Residential, ConIInericial, Industrial) } 50 cepted By Acres of Lance in Contiguous Ownership. L^~PN 1Mi.~'. /~ ~~ (Fee) :., ., :' ~~ i M i M r ~ •i ~ ~ ~ A ~~ [ •~ o~~:. n ~ r •: !"MT. 4~~s~, " ?„ doPCe ~ -:g: ~ •~ nr ~F~-q: ~~~o^^ ~~°'x .~-:~ .,,~,.~ N N H • ~ A '~ ~„~g~ /~ ~ M !~ N ~~ ~ ~ ~ O 1 M O y r ~' II W ~, , • • • ~, ~ e~ M ;,. C' ~' I i..,,, , ,~ .. -~ i r ~.•~ SO'~~w ~,~, \ ~ ~000'~ ' 60V T 11 ~ e .• t ~ . ... ~ ~ QI 1~ ii I ~~ I~ i r - 81 ti T ~ =J -a ~~ I ~ ~ r - - - ~.I _r~~l_; ~~ ~ N ~i I C I I~ „ ~ '' ~.~ .( ( I M ~ ^ ~ p ~I I ~ ~ lOtlTll 2:'400' ~ ~..9^c0 _J • - .~-~ r ~ ~ ~ I IR ~y 3 ~ O ~ q\`~ n ~~! ~ w A ~j IN R ~ ~ C.. ~ 4 I ~ ~I ~ ~bb U z~~ ~ I i CIS i s ~ 1 p ~ ~" ~,. , ..... I 1 e I ' w I n '1 ~ ~ ~~f.' ^ I ..o I e Z~. n . a :~ ~ e1J .~ i w ~ „ • Y n~1,~ e;~ .. ~~ 2 `w ~~` ~e~erjiN~.V,e- ~ ~ p ~r~ ~ r~ * ` yt~t ~' '~ O il,+ t r2 ~ 4 •a. ~ •.~ ~. M t(..... .... ago; _; ~ ti ~c , ~ N.0^0 S' C. ~ I O aa.lo' - • II Q~O•. I r ~' ., •~ • ~ .;. I~~ ~~~ , . M~ c l7,) ~ a 2 ~ 4 N ~ i ~ ~ ~, ~~ .. ~~~~: ~ f 1~ ~ ~ E -~ ) ill J ~ /'1 ~r ~l: t fem. '~`~~,t. ~ J CD~:.ORtYEWAY K ;.~ , ~`".`•. .~ ~>> ~~?~~', D Ri MISTRUMF.NT ~~ ~:~,:•: ~ T~ 8947'224 ~ C~ Y._.`. ~ t S. ssroo'OU' w. 118.14`1 ~ ti`" ~ (S. 88`56'S5~ W: 116.12' ` ~• ~:~=,~~ . `~' ~ ' 89775 S4 FT. TOTAL: ~26a' ~ - ~ ~- i "1 e_ ~ ~ 8225.76 Sq. F!: rMEST ~ 28 1 ~ 1 ~ ,~ ~- ~_-. ~~ ~ t ~ 749.97' S4 FT. EAST' f ~ ~ ~, ~~ 1 Sl ~ I ~ U ~..~ ,,.. ~': ~ ~ w ~ n r~ .4'~ ~~ yep; ~.,N_~;; ^~;: =. '` ~h=-- ,~~ ~:~ ~; ~ - ^. y:• ~ - 1 6a6S.~lS s~ FT. TDTAL ~ N ?=~.. -.q:. ~ 5913.5' S4. Fl: NIEST. ~ "~- ~, ...;~.:...., _ ~~, 750.26 9Q. Fl: EAST ~ H! '~:.. `. ~ `~ ~ E 1059' 67 :-• • .. °~;~~` FAILS iN Uq~iT ROf.E B+RSE w _4 ~ .. f 7534512. C w~'~~7~~ VP~ ~ -`~ TVOLt1c 1[1~~~ WA • ~'1 -? . ~ '~1 , ~~ '. Yl~ p~51CFD~CE OVER,. T(iE. Ft~. ~~ FOOT WIDE f'UBLJC UTSW7~ ~ ~ ~, ~ ~ Q~ ~~1'~~. ANA DRApVAt~ EASEatf~IT AS S~fOMRrI UPON 7HE OUP ~ ~ A7 . (~) ~ aF E~-pf nor ~~ tS ~DJAC~NY ra-r~ Al~A PARUt~s. ~ ~ N , ~ ; ~ . ..: ;: ~. of Nt~rw Air srnrnEEr TMA7 ~9 oED~1m. ra ~ Puy ~ , , ~ _ :. , -.. - ? >..,,.. -. ~ ~ w'* a; TOTAL PAGE~.~~00'1 **.... ., PECTION. The.BuYSr.Itere Y ich ere not harem exp ion d the prern14es. me 20- INS b the Seller wh ation or pargonel inspect w representations t±a"s been r his rapresentefrresa Y investig roe knowledfls obtained Harr his own ing any wartamtY-Dt habitability, a9reenrer>=s the Derttes and no wartenlres, IncHrd n~nf~n lull. party unless herein set toAh., wa ea rs~ nil understanding tDis regree sallar6 inHial ~ Eabh olthe Parties ecknow{ed9 Buyer's inHiai 16~ ,es ,x Ma aver'I of detauH by aHhsr a ~bry tM ~ar4efauhinfl WrrY •'..' -- teseand costs srelMrad Esmest Monts daDoa11ed hsratrrrd!' D'' Il~ivrran ~ Psrlisa~T+a ~p ~ j~a Cda~~and • « II stlrxtreY tWuls ~~~ ~ psntas *Ite~rrt hsrsdction to rosdve MY w~ -'~ as InaY (w ~ der actroll Ipa boon dappelllo dHlze as rtVuch d ttre Earnse ~aes wtndoweaaafre. v . Marro' Nbhe fOr Wh?g Ot MY atwh ~~ ~. , patMOOm an0 tr{~rd'9 mind arrl Wee, sHadtsd M Ion antsrw, sttactrsd water ftsatng ~^'ar~s), t~yttl~s and w gs, ellsc~re'd takvip bass. Plante, a atxa~'• anent ,oo NI alteehed 11gor ~" eotlgrings• sxteAe( ill in and 'drop r. rarpes (but excePt^g s that are app INCLUDED ITEMS• vtindows• storndoMS and hsetin fl systems, ~ and aN, fl any. dhchae and ~m °' screen doors. slam ewnimgs• vsmilatinD. ter and water rights, and any seas raaess otherwise pz NrePlace equrpnre^ • M, and aM and all. N any. wa micas shall be included in the ~ dher agrees to make eD' iTgatton Hxturee end equrDms d m eamao1iO",srHh the I?re ' _ .. sROrl to DrDCUr° M^rs . b ~anpletsd, sddH'onBl 'a' I are now on a ups ~ er egress to make a beat . H VA a FFIA frran~'g 10" thereto the a'ved, the Buy N fx,encingm~ eher Seller's aaeDts"Ce o1 this agrarur+^t rotererrce. _ _ Gated Here' ~ endsrfl any Other prwi' wa FINANCING REOUIRhm three (~ ~ ~ nd ere thereby tncorp placation Merelae v+H De areched thereto a getter agree jfret. " ~ hse roceived a,Mnlen xw provisions peAeining thereto may nctnfl, BrrYer r ~so~bad Herein tM~a ts) eQual to a greeter t1`e" 'o' - urgent upon Buyer obtaining FHA u ~s~ t the propay'Y Y (excluding clos+'g prod ha shall spree to ,~ reement is cad H elect to complete the D eased value of ttre OoDart nl this agreement tad to peY 10r' FHA/VA.Il this ap fe~unpl De ob'0 roceed r~'~~'e tarots stance be oblWe Ionic "c lions of this contract. Buys a VA as aPPlicable setting lorh en appr r shall in either u ~ apprysad.valildt statement issued by the FHA a BuYSr rneY ^s1Brthelass, at hheretn end the PDreise0 value- Buys ' icehereiil.Th rice stated and other loan ~^ga~ incurs. MU4dOesnot war- „z the purchase Pr n the asking P in Dot not limited to credit reDDrt ~Urpan Dave_bp a and the eondltion o1 the 1 , pay in Dash the ditlererice betwee to Buyer Induct fl p M /herseH the- the~Dnc 11 normal closing costa attributable a o the Du ohasee shouldosetlstY 1W+a The D errlvsd sl to determina the maximum mo 9 ro arty ' rant the value or (hs~bi dHion o1 the Dr~r<Y' s may require that the p P e re h P 4 is of nominal valueless Man ytOC property are aeceD inducted M Pareg P irnl lender, those aflQfG'a require other insDecnons n FHA, VA or a corrvent sled, errd may n request of agent, It is agreed that any Hem n which H is loc ~ aGvance. upo „e r to finance throuflh is of the cHy or courct tar agrees to peY~ oral requir~ ~pliance inaD~"Y~ ~ Seller urrderalenda that in`• o~rda ^a dher flwar"Ue9l a City nt, "9 comply with the houainfl herein to reQ m Han ~ 3 0l this agree peen Seller authorizes the gellinfl agents s ocCUrrimg, as speat'sd ~ wnlin0amciea have ~ costs o1 any of the ebws inspect n certain specified dters urI$I wch urre as °° i days Miler' noncg 'a is offer contingent upo arty fa ~~ Apd to ~~tr shall d,re Buyer ~ ~ ~~A r~ nt ~ be ,aa ~4,~ ~~ ,~l~r ehaH CY CLAUSE. H B~ue tq offer tna he~9r^9rDD. ble off topurdtasa•. panod, ~ a tnenBuYa t5 CONTINGEN ~ raoeive a~tother accePre °~ Im ~,,,~ In the lnree•deY new oMer ,:• Sauer gtrelFhave the nght to gcoshould Sal a eatLshi t)+e can 9 ivied tlY BIIYsr•. waive a 6alisN M Bra coeete M the e.reK 9r!YSr fides ~rvtandpq th@t thetertne d the the earker d either personal delivery of ,as setistied gravr¢ t~ cwt BuYar does ^°I lass;cualoma ~~ one o11tis Agreement ,xc i of such off arts returner to BuY~r the,rerr~niog ~ nd~oondiEt, shell commence on ~an~g such notice. Notice 1z ' ~' ' ~ terminated end ell r~ctravs Hre.ProDeAYLnde~ teen and the three days stmerk on Hre er+v~ihe Fen papa of this eflrBement. ... shall proeesd to Du .Nonce shall be considered g need Dt>'-'¢ W ae ~meY ~ more a lass IavoreDle a tvro days lollowin9 the date d meilinfl avrde fptice to the Buyer a his efle third benkkW day aHer notice. All notices shell be saK~t-` ~° uC~nfl fi^a^~ ,:e sYCell expire et mrdni9hl on the will be a waiver of ALL comingen- in the amount of the Pur' ,>r r under this section er a title ~snd~detl ~ elsewhere eel out in this weever by the Bute fumis"~ the BuY mitmenl iw a title ,~' NOTE: AnY t l0 ih! Hans, encumbrances to the Buyer 0 COm r124 hpurs ,N Ile[ shell ,pHhin a reasonable time aHer doem9 receipt of the conmlHment a unt transecx°'~, the Seller shall fransh It the Buyer does not so ,a~ t6. TITL'E INSURANCE.re~ Se ehovnn6 mab the BuYStlPriorrto closimfl ihel~ bre,f5) (lays hen forth n ~ report. cheril= Price of the P or assumed Y emisea. BuYSr shall bare s is not marketable, or ~ ~fmant to be discherfled ~ of the irHe ea eet~ d ~~ prertase or H the Setter, hevm9 egfe in the condrtron of the tHle to wide t in wrHing to the condo d that H the Hvered to the Seller tort the ,~ insurance policy show fl r ~ the less, within which to obi d detects is de and Seller shall PeY led the conditions o~Be lB~atermenr to the (~Ysr "' prior to cbain9 •~ shell) be deemed to have excep ~ esmest reareY shell be returned d>;ecl the guy da s aHer notice contairrinfl a '~ cannot be made so within 1hiM (3D) y or risks such es liens (i.e.. approved said sale tails to consummate the same es herein a derma H they 1° el tees, it enY~ antiel P ~ ardn matters a of title insurance does not cover ceAain Det rosy trove ~~ legal obliflatton '•o cost of title insurance, esaaw end lap es. dawns DI easer'sn ' E POLICY. A standard DchcY errtai clerms against the Dr~yldetw ~,,, allows workdmo^ tl~e°~e „a t7. EXTENDED COVERAGE Tl err payrmant of some debt e(~elho law suchuDot ry ~t rcnasa. Fa example, last wake ,., e legal claim a9amat Droperhr vier, trod tic record octal after are W for a period of erne aMeFtt}eY to protect the ubHe record et time d dasin9. t~ not be of pub met the' DroPe Byd DY me ~r• ~t ~ ~~ by the BrrYer its to the ,« are not d D urcheae of the home and ye to file liens age tort ~ eddH I emium~ M add led the ~~= ro Y Haell and 7 not P tuna ~ tic may DrD . before thejrome or rep@Ned Dr remPdeled an exrstinp one coverage'' poky tees). Soon a po Y ,.e e e Hen or claim agemst the P Psrl fictional clos+rW emst ell UuiH a new anise may ~ eDle to issue an "exten~wrvey, ad. ~ sand will not insure afl ,n The debt in such cases volt becorn other costs involved (` a Itly oontair~ axclusiDm nY about what H offers in the ,~ equity m Me borne. THIe etsurenee ~rCY there may Leven am ^extended eoesre9 Dol __ comDB rtrcu~ rage tHle PDI nded that tneBuYSr ulk to stifle ~ ae title osuranca o°r"panY to pe ,~ premium la extended cove H Is recomme t type of oo+araga is offered. so Buyer against problems such es the above. OI c '• ~ potentrel problems or risks involved in buyin~e rH ~ ell exactly whs way of extended °overa9e Only the pd Y rg to De marketable end insurable except ','A otherwise Prwr~' ~ bons end ordinamcea of any tars. - adll deed, tallees erd zoning ~ ~char9ad by SeHsrmaY be~ oa dbYwsm rsslrictrons.burldi^g ratowhxittdle +s3 s buildinfl a ux l~s enwmbrances a fists ~ essunled by Buye t6. TITLE CONVEYANCE.THIeoISeHeristobecon ~mnareto r~ RMSBCON~~S' 'y in laderel parade; state a rei~oe s~ab I~ shed or d record OT}ER Fp,Ip,NCIttG, TE tort rights reserved hts of weY and sesame , dtt+rs egresr!I~n ma ~ by se' Qoramnlantel ~ ~~ et date of cwerng~ No I1ene, and ~ mss TM nt gaga the premises be meteriany de 9 ,se Her. M addition, rlrwutd ipsauke tt subject to. exists umless dhervnse aDecdied here , ell risk of bee shall remain ,garb R+e Saot the Buyer. the broker or w, Prior to cbainfl of this sale, t shall be voidable et the opbal to a representation by lion and ~~ 19. RISK OF LOSS. to dosing. this eflresrnen - ~ or relied upon any moment retying solely upon ~t between ,se hie a dher cause prior the has not rece'esd r sH0 qua le aflreeme b-~cknowled9e8-srthar~reased.TheBuyarnesenl9@d oonslHUteslhevAw This e9resrmer't da or shall be Drndmfl upon aHher "o e8 - '~ sorrelN ,e, STATE OF IDANO ~ C m'eitd for said Stara,bar ,ee Notary Pi1Wi betorf tee, the wdersigrred, a County of SV ~• ` ,19 ~~ _ executed the 'sD day DI _ nc On this ~ - an ecknowledfl~ to me that ~- art first above `Mitten. ,r, appeared nod the f 'n9 instrument as seal the day end Ys known to me to be the persm(s) wt'o ei9 and end aHixetl FY ESS VJHE 1 have here Residing et same IN VJffN Notary public for Idaho ocovrrmvn' 6o~ee 6oe,a or nEn~TOns•. n; All npnte reserveQ 1889 s re s REAL ESTATE PURCHASE AND SALE A(3REEME RECEIPT FOR EARNEST MONEY ~~ (Thb loan to M aced ONLY by member of Aasecbbon of REALTORS) Tnu conusct slipubtss lhs terms olNbollM progeny Rsad untully DSl«s sipnmp (bc t)on on ravarw awe) Tnisna bpauy binding convau iYpU HAVE ANY Ol1E5T1'0/N5. CONSULT YOUR ATTORNEY B-EFyO-RE SIGNING IdaM `~ ~ tp Ci /~l (nNeinaber C•Ibd "Buyer") epresa to purCMee. end tM underupnetl Sella epNS to N° the bnowxLp daacriD•O real Hlela Mremellar rHarrsd to ^s ~-Dremnea r- ~ tommony knownn - I . _ _' dim . _•~ . w_ ~ Ste, .~~.~ - ~ /, (A ULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED. ATTACHED OR WRfTT19. ON TFE REVERSE IFRE OF PRIOR TOE%ECUTION BY SELLER. Buyer Mreby eNnodzea broker to been over Me elpnetura Ma correct bpal dee«~tion of tM premw a aruwibDN at Ins lane oI apninp, or to a«racl IM legal deeaplwn q previously Ntsrsd N errrynsous «incomplele J . / ' ra EARNEST MONEY. ~.%e /7`4 ~L tr ~ f dollus d u o hereby depoeNS es earnest money wd • rewipl b MraDy wknowladps ~ (e) Buyer w (= 47 w )evidenced by: D CNn ~Pereonel Check p Ceehiars CnsW~ O N«e Dw D « " (b) Eemest Money Ia be dep06Ned in trust account upon acceptance by NI parties aM aLrM W LWO ey~]Lntinp Broker a(Selhnp Broker OOtMr rs 1« the Mnern or IM panes hereto. end '~ / .?SC (Broksq b shell hOltl IM compelBly saeculed broker's Copy or this agreement and is rosponsrWe f« M uwkq (cI Il all conditions Mve been met by Buyer, Buyer ehd Seller epreelMltne eemeet monsy(bsa oeddrporl lees. and any oUer Buyerl coste)aMII De rNunOed to Buyerb '~ u tM event lM tinancinp comemplaled Mrsin by Buyer n not obtainable. 1° ld) Tha parties eprN tMl ~ /CMS 1~i S ~ TNIe Company shell povwe Nid INI6 Do1icY eM preliminary repon of commitment and IM "cbemg ao spent" for thb Veneeetion shell M . N • k>"0-term saaow rcoaection a involved. roan the escrow nobler shall be +~ ~ ~~ 1 a7 ea ~ t. TOTAL PURCHASE PRICE IS DOLLARS (S WYebb es toBOwr. ev a. S Caen dam, eLCkrde'p above Esmeal Money (Cbsinp coals ere additionaD. n D S c~-ITJ.tST Babnce of tM pr,/rsN price (M.I.P. not MWded). ~ Z. FINA~INQ. nix agreement is contingent upon Buyer qualifying tor: zr pFHA p VA ^Convenlionel O WA. PureMae loan balance ee noUd above 1« • period o7 years el %per ermum. (II FHA or VA loan rs wupnl, ere reed IM apPlKaDle prwieione on Me reveres aitle Mreol.) Buyer shell pay no m«s roan points glue orpbalion tee Lf wy. Seusr b pay only the discount n points necessary b order to obtain above described linwcmp but not 1o exceed _% s° ^ Buyer to ASSUME antl O will ^ will not be required to gwlify 1« en E%ISTWG LOAN(S) a LLaprosimately S el no more IMn _% with montMy s~ payments of epproRimNSly S P O 1 O T p I Q This eproement O b O b na mnnpsm upon LeMSr rHeasbp Sellers kaDility. err deyf ahsr Sellei s ad ypp~ance of tole epr apnt~... kin g l eDPly for eu loan «eseumption .erW+ dues (0) baban l M a Type o11Nn . BuY« ~ ~m e y ~ Q ~~r jj M yy r' ~ t /1 ~ ~ ~' ~ «!~L ~ ^ ~~ ~ ~ `y s' • ~• OT~$ FIN~NpNG. TERMS B CONDRIONS /.o.VC's /~ /~ ~lr~ s i1 / ~ me ~.'o•.~ ..J.L .0~~ ~ .art a 3 TNIS AQREEIffNT ^ b b not CONTINGENT upon Nle end closing of on « peldre s dsle0 with ~ M a contingency b rLMed please read applicable conditions in Paragraph A t5 on reYlrN aide NOTE: My waiverby tM Buyer under Ihie swlbn will De • waiver of ALL . i contingencies, including linancinp.) /J~ ~~ e. LTEMS SPECIFICALLY BICWDED IN THIS SALE (il FHA/ VA finencinp Le sought Ne hem b to on reverse aide): ~ ~ '~~~ U S. ITEMS SPECIFICALLY E%CWDED W T}US SALE: ~ 6. COSTS PAW BY: COe1s b adddion to tNbse listed below may be Inverted by Buyer eM SeMr LarlNS aherwtee agreed Mrsin,« provided by 4w or required by bMer, Ae Buyer eMa pteW N Sslbr's roeerve eewunt N ben essumptbn. ~~ nve. t1TNn p«tluaer'a Estwrsed Coveraoe Titb Policv reduseletl. Addhionel «emiun belt or . SN Nem d 17 on reverse side ere N regwslstl M bndar or otMrwlee stated herein, tM DNow coats wig be paid N kMiwted Ciry/Counry aMl« Cbsinp loop Term LaMar or Casts Loan Well Pump/ILlspect Cade lnapecL Dsamenl Agent's Eauow Code Paid By Appraisal Assumpt. Inspect Septic' Nnquirad Prep. Fee Fees Repairs WYER A° N!A x X SELLER 61 SNARE EOUMLY SI Coat of lender or code repairs not to exceed E .Discern' comrs to De geld an spread on line 29 and 30. SELLER UNDERSTANDS m flLerase resud oleny cny«counfyinspectionslEMAYBE REQUIRED TOMAKE Ri?PAIRSrotnr prOpertyin«deylo comply with MShousinp code W/ffTF¢R OR NOTA s, SALE IS COMPLETED UI~ER 7WS AGREEMENT ~ ss 7. POSSESSION. Buyer shell be entitletl to posaeseion on~Cloeinp ^ other . "Closing' means the date on which all tlocuments ere 5e ei1Mr ree«ded «¢wptsd by en escrow agent end the Nle proceeds ere available to Ssoe- Tuss and water asaessmente (using the lest available aeseasmem as a 6r ran ns«ance re m , inters%1 and reserves on liana, eneumDrsnese «oDlipations assumed end utilities sMll be pro~raled ea of is b as ) se i - ~ ~ Buyer shall pay 1« Lee n lank, amount to M determined by the aupplbr et Seller's espense !I~ -~~~OS i JL/G °L . hell deposit with tpe cbsirq agent all lands end inatrumenls necessary to complete the sale. Tne 6 B. LOSING. On or Delore the closing d te, B er end Seller ec C 3 closing date Mall be no later IMn ~ ` ~~ ` ! ~ e' 9. ACCEPTANCE. Buyer's oiler is made subject to the eccaptance of Seller on «Del«e IP:00 c clock midniphl of . It Sellr does a] not accept this aprNmem within Ise time epecilie0, the enure Earnest Money shall M refundec c=Buyer on Demand. Seller's counter olfor (it any) ie matle subject to the w 5 AGREEMENT. ~ Fys acceptance or Buyer on or Delore 12:00 o'clock midniphl of TIME IS OF ME E ~" ` e S ~ t0 IMPORTANT -AGENCY DISCLOSURE. Al the time of ing fh/"e reement the agent workq wr^. Ina buyer represente0 e di i it l ~ Z " ~rL'~ ee en osure or wh sc -- EaM party aipnin9 thrs document Conlirma that pr e end tM spent working with the Geller represented of agency wee provided to him roar in tole irensaction.Ea panylo thiatransaction has reed erne moeratands lne contents ollM agency discosure brochure previously er received, ce ~ ti Selling 'Q Elating A ency: ec x P hone: Phone: y'. ey: Buyer. r'a Ao«ess ' r' Buyer uye~aPrure Resr ante ~-~~7«~ Business y~ On tole dale, I/ We hereby approve and accept the agile bet rth in IM e ~ vet reement arc a7•e to carry out ell the terms thereol on Ina part of the Seller antl Ina ra underaipned tunher epresa to pay a total brokerage fee of ~~ ~/ to Ise above named Broker(s) for services r. Brokerage lee will De paid m wan unlace oNerwise spread in writing. - ~ rs I/ We lusher acknowledge re Ipt of a true copy of this agreement eipned Dy Do1n pNiei•. r6 _. SeRdfi AOVess_- Sauer. •~ ~ Dale'. n q Seusr: Dale J ~y~ 9!) Seler~a Prue Reaioence - Business re A true co the lorepoinp apreemenl, eipnetl by the Seller antl conleininp the lyu and cos;,+ato legal de scrlpuon di Ise premises, ie Mreby received on Isis rv der of , tg ~ x' Buyer - ~ Buys-. TIE PROVISIONS ED ON THE REVERSE SIDE OF THIS PAGE SHALL ALSO CON~TRUTE aAF.' OF THE AGREEMENT OF THE PARTIES. EACH OF T/ff PARTIES °' a: ACKNOWLEDGE~G THIS AGREEMEN7IN FULL ~ AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldisn, Idaho 83842 Telephone 888.4481 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will, hold a public hearing at 7:30 o'clock p.m., Tuesday, July 31, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of MENDERSHOT CONSTRUCTION for a rezone of Lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision No. 1, B.M., Ada County, Idaho. The property is generally located West of Meridian and South of Franklin Road in Crestwood Estates Subdivision No. 1. The Applicant is requesting a rezone from (R-4) Residential to (R-8) Residential. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED this~~~ day o 1990. • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of ,Meridian will hold a special meeting at 7:30 o'clock p.m., Tuesday, July 31, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said meeting is to consider the application of HENDERSHOT CONSTRUCTION for a rezone of Lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision No. 1, B.M., Ada County, Idaho. The property is generally located West of Meridian and South of Franklin Road in Crestwood Estates Subdivision No. 1. The Applicant is requesting a rezone from (R-4) Residential to (R-8) Residential. The public is welcom ~ rt this is ~ a public hearing and ~ comments ~ testimony will be taken regarding the above matter. DATED this/Q~~1 day o 1990. a - _ K MAN L RK AM BROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlen, Idaho e3sa2 Telephone888-4481 Meridian Planning & Zoning • . July 10, 1990 Page #2 Chairman Johnson: One item which is not on the agenda, the City Attorney has prpeared a amended decision & recamnendation for the Findings of Fact & Conclusions of Law on Misty Meadows Subdivision which was the Notion made at the meeting held on June 12, 1990, this reflect that Notion, the Catinission should approve this recannendation. The Notion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Ccnmission hereby recannends to the City Council that the approve the Rezone & the Preliminary Plat requested by the Applicant for the property described in the application upon the condition that the lots on the south boundary be increased in size to a minimum of 7,500 square feet and access to the parcel owned by Hal Hatch be provided and shown on the plat. Notion Carried: All Yea: Chai.rnnan Johnson: I have tentatively scheduled a Special Meeting for July 31, 1990, if the Catn~ission has no objections and there will be a quorum present. The Carmission had no problem with the Special Meeting: Being no further business to cane before the CaYmission the Motion was made by Alidjani and seconded by Rountree to adjourn at 7:40 p.m.: Notion Carried: All Yea: (TAPE ON FILE OF THFSE PROCE®ING.S) Approved: JIM JOHNSON, CHAIRMAN ,~-,. N0T Cc~'m'ss ~ I CF I S NOTI CF OF ~; 30 on o f ~ y FR FE V yFgRlry yd l o ~ dock he ~, ~ t y GI VFN ~ ,~ 3~ p~m'! o f Mer ~ ~ that ~ ~~d ~~St j~`°Sd ~d~an w • ~~ pia r~n9 ' Iddh~ Str dye JU~y lj) ho,d npjng an CONSTRUCrI s to cons eet~ ~Pr'd 31~ 1990' a a pUbllc h d Zon'ng B l 0 ON ~ d ' do d t th edr ~n9 ck 1 o f for a r e r the ~ I oho, a der l a t Cn,._ r~ e2n.,_ a„_ _ Th~ d~a„ _ July 10, 1990 Meridian City Planning and Zoning Commission ATTENTION: Jim Johnson We are hereby- requesting a special zoning meeting to consider a zone change on a section of Lot 11 and all of Lot 12 Block #1 Crestwood Estates Subdivision #1 on July 31, 1990. Sincerel , ~~: ~` ~~. Ed Hendershot Hendershot Construction Park Pointe REALTY, Inc. P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 .. b~ s "~ ~~~~~~~ ~ ~- ~ ~ ~~ ~ ~~~ ~~ 10 ~ A p. p. .~ 1r ~ 10 v ~ ~ ~ ~ a ~ n ^. ~ ~ ~ .~ ~ H R d M v r. ~ ~ ~ v a ~ ~+ n ~ ~ ~ ~' ~ 'o ~ ~ •• ~ ~ °* a '~ M w ~ ~ ~ d `G Q ~ ~ G~ ~'p -~ Q ~ a d .., F rt ro ~ ~ ~. ~ ~ ~ ~~ ~~ ~ .. ~ v ~~ ~ ~~ ~v ~ ~ ~ °z °~ o cJ- 0 ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~~ o ~~ ~ ~ n ~' H-1 f'• ~ rt ~ 7~J C~j CJ ~ o ~~ ~ ~ ~ y ~ ~ ~'~ ~' a ~ ~ w ~* w ~ z ~~ ~ ~ ~~~ ~ ~~ • • ~ ~. • July 11, 1990 Meridian City ATTENTION: Jack Neiman Dear Sirs: The reason there is a need for this zone change is : in the past, the original plat was changed. To accomodate the houses to be built, lot lines were moved in a manner that has left about half of Lot 11--we are attempting to get the remainder of Lot 11 along with Lot 12 and make two marketable lots for single family homes. Sincerely Y Ed H ndershot Hendershot Construction Park Pointe REALTY, Inc. P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 • Sara Cludas 875 W Franklin Christopher J. Thomas 942 Crestwood Dr Eugene Ross 7125 Aspen Cove Ellen H. Vanslyke 934 Crestwood Dr Flocene M. Baker 932 Crestwood Dr Gene Mourey 958 Crestwood Dr Cheryl Post 948 Crestwood Dr Darrell & Tamara Taylor 938 Crestwood Dr Bernice Kaster P.O. Box 268 Monte & Ann Ralstin 935 Crestwood Dr Donald & Vickie Woods 1014 Crestwood Dr Mark & Annette Campbell 1000 Crestwood Dr Monte Rastin 1116 Crestwood Dr Stephen Southard 1009 Crestwood Dr William & Joan Ireland 939 Crestwood Dr T & R Construction 1226 W Crestwood Eric & Brenda Jensen 120 S. Crestwood Park Pointe REALTY, Inc. Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 ID Falls, ID 83403 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 • • July 10, 1990 Meridian City Planning & Zoning Commission Dear Sirs: We are respectfully requesting a zone change on a portion of two lots within Crestwood Estates Subdivision #1, Lots 11 & 12 of Block #1. It would appear that the most practical zone for this property would be R8. The balance of this property would allow us to have two lots available with about 6600 square feet each for single family detached housing. The new zone designation would comply with Meridians compreshensive plan. Ed He dershot P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 • APPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning & Zoning Commission Filing Information I. GEN/ER^AL INF-7O~R-NATION .y~ C~s~. Z~ l LcJ d o~ ~S ~,¢ / 2 S of Subdivision) (General Location) ` ou o ,~. o Lo7'i/.~~-l~o~Co~`-ia - ~l ~~ l CeEs7~~~s Legal Desc iption - attach if lengthy) .~ l ~~~ ~~L - o (Owner(s) f Record) (Name) (Telephone No. ) (Address) cant) (Name) (Address) sue-- 7!~(~ (Telephone No. ) !©~ ~~ .col ~ll~c, ~s.~~ .~~ - ~ 3 Ga S (Engineer, Survey r or Plann r) (Name) (Telephone No. ) (Address) ~~~/6/•4/V C.! /tf (Jurisdiction(s) Requiring Approval) ~~ 5 ~c~~?~: ¢ (Type of Subdivision-Residential, Commericial, Industrial) } 50 Acres of Land in Contiguous Ownership. By Lf~M1Yf,NMI~.~'. / °'"-. Q, (Fee ) v ~ ~ a ~ ~ ~ 'i :~ I ~~ w i N 2 C fi ~ ~ e r;~~ n 77yy11 - fib ~ V '+ ~ t • o~~_~~ r. ~+ ~ r Y mac;, daPCrt s . w o ;,~:y~~ ~~~xq: ~~~ a~ufk ,• o"''~ l A ~ n f • ~ N ^ t ~ ~ M ~ ~ ~ ~ Q C 1'h ~ M .. ^ ~~ • , ~ c $ a E ~ r t„ $, ~'~ ~ 1 ~ ~ ~~. ~. ~i• ~, ~ ,~ ~. ~''., , ~' r, .~ r. ~~ M ~< _( [!N01A Aao. ~:,.. Aix t:Gt •~ . '. ~ • ., rf n~ ~ I i so~rl ~0 00• f; ~ • Y ~ uiin w~ ~itni 14 •el !1 r1 ~ , ^i ~ M 81 i g ~~ i `'~ 1 O ^ O ~ {, I • .r r n ~ ~~ t ~c ? ~ ~ • M~ 2 ~ s ~ y• x~ , t ..T.,.t.yw. y ,; ~ C ~• r M , s ~ Z rT R, i ~ O ~ G; s 1 , s~'-~ a~~ ~~y °• b ~ h C ~ y O ~ P~ C ^, ~ ~` ..0.4 0 , w~ ~ Y. '^ ~ ~ C •~ ~ ~ x .~ 0 ~ ti '~ ~ e ~ I ~ '~ • . ~: ~ j .~ •~ ~~ . ~'•. In N ii A i ~ it f _ ` ~ ~, ~ :,,> . Cam:. DfttYEWA~Y ;'~'>.;~ .~:` i ! ~. i ``~ ~ ~ i~ r,~ I} r{. 7 1 `~ \~ ,.y ,.r~F ~~:rs'. ~;~~ ~ I :~::: Y ~ r ~};r~. ~•... . -~:; ., ~ ' . t ;r~ , Y'~~•. ~' r. &~?~= .~, ; `: ::;~ ~~'' ~: ~ ~ t .. ~t.~ ~ .. ~ ~` ~ ~ .G. ~ ' ... ~~ ~^t'w' ~C ~~:Y .. } ~ ~ ~ CMS;,{; ~r"~:... . .. . s~.r. .t .. .._ ... ~~' `~ •• 11 ~7r' ~, ~. Sc7lJ'~ifRLY 8Otlfti3AR't' ~.~~ tINE OF PARS. OF L.At~ • DtBfly fit. ~fSTitUTA~NT NQ: 88~t~4. (~ 89'O(l'O~'` V~. ~ 16.14' t S 8$`56`55" VV: 11 fi.12' ~r ,ar.ss• g.4~'4,x~• ~8~7~.7~ SGx: F'f: TOTAL: ~Z 623.7'6 S4 FY:. W~rT 74.97 S4 f7: FJ15T `•~~. r r a. ~ ~ ~x~s~-~5 ~ h-j'~~ t ~~ ~~~~-~ ~, 1 w , ~~ ~ .~ .. ~ .- - ~ ~~. 1 . ~~ ~~ `- ~ _-t~. ~r ~ Fw'ML ~~~ ~~ ~ ~ ..rte ~. a~ . {\ 1~ ~~ ~~~~ ~~ p 1. ~ ~ ~~ ;~~''" : FAL1S ~ U~iT Pt~CE SASE ~;.,,, :. ~t~', .. r~ ' ~ l{.' T7i~i':.I Sr 1[l~~K~ RA F ~' {~ jV- ,~LRl7~ff W+141/ VT Vrs~ MV ~'~ . Oar,. THE: FfVE, (S) FOQt 1MD~ PtiAL}C UfiJTiES.. .~ ANG DRAJNA(~ ~ASE1-1ENT AS ~iOWH t1PCH Yi~fE OtJT~ ..(~j FE~t aF~ EACN LOT 'fNA'E IS ADJAC£H1' 1N17H: ANA ~ARAl1F3: AMY 5i'REE~" THAI 1~ DEGiGATEO i~0 TiiE C A Mo A' !t 5 c I, u Rr Cs~ I, W~ - r~~i.Y A~ tom. aF ~ PANEL a~` uu~ ~ ~ ~ts~. YV/tRf{A~ti' ~ H ..J,, .°~~.` ~ ~'. r~; F ~ - ~ ~A1 . ~. t r arc r - ~ s~ 1:r.. AL PAGE.001 ** oneY as ,,,-._ artlesmmm, r~•• .. o•• hpl-, o• - feultingparty. e4theBroke1e8 ' geyerendthe.Selle( _ the event of default by either of the P osilad hereundetbeYb ~~ the par! 71+a II ettomeY fees and costs incurted by the n stothgEemest Money d pePlve any such dIaPY pe 9n the parkas 4 Sent luriadiction to ras pail as tray Cif nbceasery to advance the Coat and'. ~ dispute betw9 ' ljghyefil rpleaderediohiPecourtofcomps sans, m ~rg'Esrlleel Money depoZtio utilize ae much of the Earnest on holding, fixtures.windpwagr ~ ze the of any such eclwn. bing, bathroom end lighting rtks end ~ ees repaired for till{ip; ion antenna, attache water heating apparatus and fixtures, attrlached • r coveQnga, attached t9& a ~(t~s, Plants, or shrubbery, u anent ,~ INCLUDED ITEMS. All attached flgo s t4indowc m renpea (but excepting ell other ranges), fu t ,e+ r{ and heabnq sYStems.built in end "drop ~~ rovided herein. screen doers, storm ewnln68~ vntentileti~np coolmg ter end water n9hte, and any and all, H any, ditches and d+tch rights that ere epP roz fireplace equipmen , remises shall be Included in the sale unless otherwise p ~ rpcure same and further aflfeated, additional ,w irtigat+on fixtures end equipment, end any end ell, if any, t tt VA or FHA financing is conlemp thereto that are now on or used In connections eQuhaa'~e Buyer a9tance of thks a9~s~~ rt to P If financing orated herein by reference. .., ,. -.., - rovi- ,os FINANCING REQUIREMENTS. ,- ree that, notwithstanding any other p be attached thereto and are thereby incorp plication therefore within three (3) benkirrg days after Seller s as or VA financing. Buyer and Seller a9 ro arty described herein unless Buyer has received a wr a `.\ cbsingcosts)equaltoorgreaterthan +or provisions perteining.thereto may n Buyer obtaining FHA reeto +~ urchese of the p P +~ ,w roceedund0rthetermsotth+sagreementprovidedheahal ag 0 . FHA / VA• If this agreement is contingen u livable setting forth an appraised value of the property (excluding ~~~~ er shall not be obligated to complete the p valitptlon is sionsofthlscontrectlheFHAorVAasapP raised.. , statement issued by, may, nevertheless, al his sole d,scretion Praised value. Buyer shall in either cucumstance be °does of war- + nz the purchase price herein,The Buyer ripe stated herein and the app ort fees end other loan charges. The eDP + DeveloPrna^~ will Insure. HU , pay in cash the diftererice between the asking p the Department of Housing and,Urban urchaser should satisfy MimssN /herself that the'Price and the condlUon of t e , nortnel closing coats attributable to Buyer includtn9T„ P 1 limited to credo rep Gant thesvalue or the condRion of tthe Prp?e aye ro arty ++s re wire other inspections +le property are acceptable. It is agreed that any item included in paragraph tf 4 is of hominel value leas than $100• on request of agent, e tends that in order for a Buyer to finance through FHA. VA or a conventional lender, those agencies may require the or county irtwhich it is located, end may q Seller unders rnmental requireme n~mPthe city with the housing code end other Bova lience inspection. Seller agrees to pay, in advance, u 9 comply ant herein to request a City God +zo ~ ~ Seller authorizes the selling a9 ecified in ttem tf 9 °frtcies have bean d,ona occvrting, as sp 3ten notrcg ,z' costs of any of the above inspections. d to acpept offers enl4 such kmer fire 'be^k1^D~ Ys YK rzz CV CLAUSE. It Buyer's otter isi.COntingent upon certain specified con ro rtY for sale ~ r shell gNe Bute , . 15. CONTINGF.d t offer he herisinp ~ ble offs(topurche ~rt~~he_lhrea-day Period,?t+en this AEeir4~eesthenBoyer 'z' h to coattnue; 4 t i other accepts, - Seller $(ialFhave ilia fl9 1 tar race v@ ~ encie's In writing t theterms of the new offer ,zs satisfied W¢ivfrd dy Bu r• Should 5e,1 ~~ a satisfy the cooling. nt BuYar doss welye or eetsb the cooling t notwithstanding itt@ ersonal delivery of Qqrr less customary BuYer'6 coats. In the eve e containing such notice. No1,ce 1ze ~% otsuchof7ee dalldepos~8etutn~toBrrY@rthe'remainipgtarma'and,condi6onsofihlaAgrafsmen s shall commence on the earlier a e+ a of this agreement. ,zr . terminated maprppertYtmda{i ostmark on the envelop ~mey be more or less favorable. lypkce shell be considered given end the three day _:• ahallproceedtopar°heae 'ze tortwodaysfollowingthedateolmailingevidencedbytheP fnancin9~ hotice tothe Buyer orhis egan da after notice. All notices shell be sent to the addressee shown on the front Dag olicy in the amount of ilia par- 1T9 aFi'all expire et m,dnight on the third banking Y NOTE: AnY waiver by the Buyer under this section will be a waiver of ALL continflencies, including hall within a reasonable time alter closing famish to the BuYar a title insurance p 13, t marketable end insurable title sublect to the liens, encumbrances end detects elsewhere set out m + B. ,s . Prior to closing the transaction, the Seller shall furnish to the Buyer a commitment for a tole ~ ~ e s from receipt of the commitment or until 24 hours ,az TITLE INSURANCE. TheSelafi~ing er does not so cha pace of the Prem or assumed by the Buye ~ent to be discherflad remises. Buyer shell have tive.~,5) day _ remises is not marketable, or eflre olicy showing the condition of the title to said p ror the +~ insurance D within whit fed the condv'dmione o1 the title.lttis ep eed t~hlat if the title of s>t•d P Port III a „r written statement of defects is delivered to the Seller, or if the Seller, hevm da s aryer notice containing a shall be returned to the Buyer and Seller shall PeY prior to closin9•e slhell be deemed to have eccep oblect, the Buy tl, the earnest money _ cannot be made so within thirty (~) Y rcerteinpotent~elproblemsorriakssuchasliens(i.e., '~ approved setd sale fails to consummate the same as herein eq .3e dis urea, claims of easement, and other matters or claims if t eY cost of title insurance, escrow end legal fees, if enY~ have become legal obligation ant of some debt or obligation), boundary P 1., t7. EXTENDED COVERAGE TITLE POLI nY. A aH ?paren Bard policy of title insurance does no enod of lime arieFthey rotept the urchase. For ezemple, Idaho few allows workmen who have a for PaY^t. r upderldaho law, such poteM,al claims against the property may last worked on the home. ,•z e leflal claim a9ginat Prof ~' for e p the Buyer to p at may notbe of public record until after the p ~ ere not of publfe record at time of cbs 9 rotect the rs before the purchase of the home endeled an existing one to file liens eflainst that property ol+cy for an additional premioul c~Y m ydPwn to the home or repaired or rempd - ro arty flself and, if not Paid by the Seller, must be paid Y ,~ buik a new anise may be able to issue en "extended covera9a~ P ,~ The debt in such cases will become a ken or claim against the p articu- . ollcY ppnteins exclusions and will not ms` d Doses ntthe ~ equity in the home. Title insurance come there may be other costs involved (,.e., survey, additional closing tees). uc so contact a lilts insurance company for p ,~e premiumforextendedcoveregetitlepolrcY' ro rtY ttisrecommendedthattheBuyertelkioglklefnsurancacompanyabout gayer against Problems such as the above. OI course, even an 'extended coverage olicy itself can tell exactly what type o1 coverage is offered, potentielproblemsoefakBrOnythepbuYin9P pa _„ -, s+ weYOtextendedcov 9 rovided,andistobemerketableandinaurableexcept ,so tars. edbYwartenrydeed,unlessotherwtseP . ~sp~readbygagarmaybe• s~ ror to whichtdle ~ TITLE CONVEYANCE.TitIe1 fe ~~ ~ sleteeo ~ailroed deeds, building or use restnd+ons, budding and zoning regulations end ordinances o an tg ,ch ere to be discharg R F°FlNMICR'1G TERMS 8 CONDITIONS. for rights reserved in fade P and easements established or of record. Liens, ~eemeM under OTI~ ss governmental unit, end rights of way Np kapa, encumbrances or dae of this ag< money atdeteotclosmq'ecifiedherernonthefrontpag remises bemetedallYdamagedby ~ paid out of purchase , iatakensublectto,ex+stsunlessotherwiseap tionoftheBuyer. tg. RISK OF LOSS•9 rior to closing of this sale, all nsk of toss shall remain weC the Seller. In addition, sho reament relying so Y P ment shell be voidable et the op information and +sa eived or relied. upon any statements or representation by the broker or rior to closing. this agree _ let u on ment between se fire or other ce P r d m1q phis ag rob ~~ cknowledfles further that he has The BuYar has antf3 @• , u on eiher ,,eo rsonel rnspectton of the premises. This agreement constitutesthe w'hoe a 20. INSPECTION.The:BuYetlte Y~ investigation orpe reementsorrepresentetionshavebee"made or shallbebtnding P his representatives or by the Seller which ere not herein expressed: ' wertantY.OthabilabilitY,e9 .. mz knowledge obtained from his own _ , the parties end nowartanties, including any _ this agteemant In full. party unless herein set forth^, -•e ~ - .e3 es read and underatandfng Seller's initial ~ Eaeli of-the parties acknowled9 • Buyer's initial - 1e' ,65 1~ - s3 ~ ~ . ~ ' ~ ~ ' ~ bersonallY ,er STATE OF IDAHO ~ - ~ ) rae b, • ~, 19 ~• before me, the uodersi9~d• a Notary pLbkc m'and for said eta e, County o' n ~y pf ~ Y executed the 1Bo On this ~~ ~ t.J ~ an acknowledged to me that ~ he in9 instrument es and Year first above written. ,~, appeared arson(s) who signed the f end end affixed my seal the day known to me toESShWI'E I have hereu Residing at same. IN WtTN Notary public for Idaho mCopyri0~r Boise Board of REALTORS`. Mc. p0 ri0h,e reserved 1889. r ~ REAL ESTATE PURCHASE AND SALE A(3REEME~D RECEIPT FOR EARNEST MONEY ®~ (This lorm to Ds used ONLY Dy mamben of the 1 Aesoclatlon of REALTORS) This contract stipulates the terms Of sale oltha property. Reed cerelully belore eipninp (includin rmet~on on reverse aide). This iselepelly binding contract. IF VOU HAVE ANV QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. t ~'~ _ - ~ G-!~ Idaho ~~ S 1g (hereinafter called "Buyer") agrees to purchase, end the undereipned Seller apreee to sell t e lollowinp described reel e9tele hereinalter relerretl to as "premises" 1 ~~~ commonly known as- ~ _ _ _ , w ~ _ _ ~'_ ~_ f --.~ ./~ ~// -- (A ULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED. ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer a hereby authodzea broker to insert over his signature the Corcect legal deealption of the premi@ea it unavailable at the lime of signing, or to correct Ina legal description ro -\ previously entered if erroneous or Incomplete.) +~ EARNEST MONEY. '! '-/ ~/ `~~ (a) Buyer hereby deposits as earnest money and a receipt le hereby ecknowletlped of ~~~a ?k ~^~• ~ >P ~+ dollars 1z +d (y -~ )evidenced by: ^ Cash ~Peraonel Check ~Caehiere Check ^Note Due Oor +~ (b) Earnest Money to be deposited in Iruet account upon acceptance by all parties end shell be held b~••O~Lieting Broker )>i5ellinp Broker ^Olher +s - for the benelit of the ponies hereto, and ^~ L /~RS~ (Broker) re ' mall holtl ins completely executed broker's copy of this agreement and ie reaponsi le for the cloning. +> (c) Il all conditions have been met by Buyer, Buyer end Seller spree that the earnest money(lesa credit repon lees, entl any other Buyer's coats)ehell be refunded to Buyerin +e the event the linencing contem~leted herein Dy Buyer is not obtainable. +a (d) Tne ponies spree that ~~/~~6,Jkf ~ TUIe Company shall provide said title policy end preliminary repon of commitment end the "closing zo spent" for this innaeetion shall be . II a lonp~lerm escrow/collection ie involved, then the escrow holder shell be z+ zx t. TOTAL PURCHASE PRICE IS DOLLARS lS ~ ~ - ~~ ) xs payable ss lollowe: x' Cash down, Including above Eemeal Money (Closing costa are additioneD. a. S ' zs 7 ~ T ~/~ ~'~ b. S / r~ /-"/ vCS/ L/~s;~ Balance of the purchase price (M.I.P. not included). xs 2. FINAN ING. hie epreement is continpenl uDOn Buyer qualifying tor: x> OFHA ^VA ^Conventionel ^IHA. Purchase loan balance ea noted above for a period of years et %per annum. (11 FHA or VA loan is aoupnl, za reed the applicable provislona on the reveres aide hereof.) Buyer shell pay no more then points plus origination lee II any. Seller to pay only the discount za poinle necessary in order to obtain above described linencing but not to exceed _%. ~ ^ Buyer to ASSUME end O will ^ will not be required to qualify for en EXISTING LOAN(S) of approximately S al no more than -%with monthly s+ payments of approximelelyS P ^ 1 OT ^ I Q Thle epreement O ie O is not contingent upon Lender releasing Seller's Iiabllity. az nt ~p~ance of Ihie e geme gr q Type of loan .Buyer shall apply for eu loan or aeaumption within three (3) Denkinp days after Seller's ae as p ~. / [ e ~ ' ~ ~ ~~ ~~ G ~ ~ ~~' ~ ~ `~ ~ D - ~~ .~T O77F~~F FINA~NNCING, TERMS 8 CONDRTONS• :/'+CA/.B.t9c' S . /n /~ /]~[~ s it T' / f1-- ~~J~t/~' iPL~ i ~ .O.et~a. ~ asl a 3. THIS AGREEMENT Ole la not CONTINGENT upon eels and cloeing of on or before 3a listed with ~o (II a continDency is noted please reatl ePPlicable conditions In Paragraph A 15 on reverie eitle. NOTE: Any waiver by the Buyer antler this aeetion will be a waiver of ALL ~+ contingenclea, including Ilnancing.) /J// Ax 4. REMS SPECIFICALLY INCLUDED IN THIS SALE (il FHA/ VA finenCing is sought see Item N 14 on reverse aide): ~ ~ `°~~-' ~3 ~~ 5. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: ~s 8. COSTS PAID BY: Costa in addition to Ilbee listed below maybe Incurred by Buyer end Seller. Unleea otherwise agreed herein,or provided by law or required by IerWer, xe Buyer shell Purchase Seller's reserve account II loan aeaumplbn. ~> rive. ~INe. Pureheaer'e Extended Covereoe Title Policv repuealed. Addkionel premium paid by .See item aY 17 on reverse side. se II requested b y lender or oth erwlsa elated h erein, the belo w costs will be paid as Indicate d. City/County ConUact andlor Closing Long Term Lender or Costs Loan Well Pump/Inspect Code Inspect. Document Agent's Eurow Code Paid By Appraisal AssumDt. Inspect Septic ' Urequlred Prep. Fee Fees Repairs eurEa '° WA }'C ~ '~ SEIIEa ~ 61 SNAkE EQUALLY 52 Cost of lentler or cotle repairs not to exceed S ~ ~~ . Discount points to be paid es e9reed on line 29 and 30. SELLER UNDERSTANDS ss that eseresulloleny city orcounfyinapecfions HEMAYBEREOUIREO TOMAKER2PA)RSlofhepropenyin orderfo comply Wilh the housing code WHETHER OR NOTA sA SALE IS COMPLETED UNDER THIS AGREEMENT ss 7. POSSESSION. Buyer shell be entitled to possession on~rJOeinp pother . "Closing" means the dale on which all documents ere se either recorded or accepted by an escrow agent and the sale proceetla ere available to Seller. Texas end water assessments(using the Isar available assessment esa s> ran insurance re m , inlere/t entl reserves on liana, encumbrencea or obligations assumed end utilities shell be pro~reted es of asi b s) se ~ ~ ~ p~ ~tOS / It/Gi .Buyer shell pay for lust in tank, amount to be determined by the supplier el Seller's expense. se ~hell depoeil with the closing agent all lands end instruments necessary to complete the sale. The B. LOSING. On or belore the closing d le, S er entl Seller ee p closing date shall be no later then ~ ` ~~ ^ l ~ ~ 81 - 9. ACCEPTANCE. Buyer's oiler is made subject to the acceptance of Seller on w before 12:00 o'clock midnight of . II Seller does ez not accept this agreement within the time apecilied, the entire Earnest Money shall be refunded to Buyer on demand. Seller's counter oiler (if any) is made subject to the s3 IS AGREEMENT. ~ Fy acceptance of Buyer on or belore 12:00 o'clock midnight of . TIME IS OF~HE E < 85 S s~ ~ ent the agent working with the buyer represented ~~ g thja ~{I m e 10. IMPORTANT -AGENCY DISCLOSURE. At the time o~nin e Z £ ~ end the agent working with the seller represented `, ~/ .Each pony signing this document confirms that prior written disclosure es of agency wee providetl to him /herin Ihie transaction. Ee penyto this transaction has reatl and underatanda the contents of the agency disclosure brochure previously er received. ~ Listing A ency: ~ ~' Selling A n 'Q ea Pnone: y: Phone Z By: o Buyer: u er's Atldress: // >~ Buyer uyer's Phone: Rest ante a-~~~~~~ Bueineas >z On this date. I/ We hereby approve end accept the eels sat nh in the ebov(A~ reement and agree to carry out all the terms Ihereol on Ina pan of the Seller end the >u undersigned tunher sprees to pay a total brokerage tae of ~ ~l _ to the above named Broker(s) for services. rv Brokerage fee will be Daid in cash unless otherwise agreed in writing. ~ - ' . >s I/ We tunher acknowledge re ipt of a Irue copy of this agreement signed by both parties'. .. >s Seller: •L F Dele: 6 _. Seller _a Address:__ » Seller: Date: 7~/ ~ ~U Seller's Phonv,: Aesioence ~ Business >a A true co the lorepoing agreement, signed by Ina Seller end containing Ina tyll end complete lapel description of Ina premises, ishereby received on this >e tleY of . 19 ~ ~ Buyer: Buyer. - ~ ai THE PROVISIONS CONjA~IED ON THE REVERSE SIDE OF THIS PAGE SHALL ALSO CONuTITUTE PART OF TFIE AGREEMENT OF THE PARTIES. EACH OF THE PARTIES ez ACKNOWLEDGE , G THIS AGREEMENT IN FULL. u o REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY (This form to be used ONLY by members of the National Association of REALTORS) 11O°® This contract stipulates the terms of sale of the property. Read carefully before signing (includin rmation on reverse side). This is a legally binding contract. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. --7 ~-~ f >~ ~ ~ ,Idaho ~`~~ 19 (hereinafter calledN'Buyer") agrees to purchase, and the undersigned Seller agrees to sell t e following described real estate hereinafter referred to as "premises" commonly known as City of County of ,Idaho legally described as: O ~.o ~ (A ULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete.) EARNEST MONEY. ~ / (a) Buyer hereby deposits as earnest money and a receipt is hereby acknowledged of .f"/ /~ ~! ~[1~i1? s. dl dollars ($ ~ )evidenced by: ^ Cash Personal Check ^ Cashiers Check ^ Note Due ^ or (b) Earnest Money to be deposited intrust account upon acceptance by all parties and shall be held by ^Liating Broker Selling Broker ^Other for the benefit of the parties hereto, and ~" o? ~a.-~~SS (Broker) shall hold the completely executed broker's copy of this agreement and is responsible for the closing. (c) If all conditions have been met by Buyer, Buyer and Seller agree that the earnest money (less credit report fees, and any other Buyer's costs) shall be refunded to Buyer in the event the financing contemplated herein by Buyer is not obtainable. ' (d) The parties agree that Tf Gr1~,r$ ~ ~t~ Title Company shall provide said title policy and preliminary report of commitment and the "closing agent" for this transaction shall be . If a long-term escrow/collection is involved, then the escrow holder shall be 1. TOTAL PURCHASE PRICE IS G DOLLARS ($ ~ 5 • ~~ ) payable as follows: a. $ ~ Cash down, including above Earnest Money (Closing costs are additional). b. $ Balance of the purchase price (M.I.P. not included). 2. FINAN ING. his agreement is contingent upon Buyer qualifying for: ^ FHA ^ VA ^ Conventional ^ IHA. Purchase loan balance as noted above for a period of years at °k per annum. (If FHA or VA loan is sought, read the applicable provisions on the reverse side hereof.) Buyer shall pay no more than points plus origination fee it any. Seller to pay only the discount points necessary in order to obtain above described financing but not to exceed Wo. ^ Buyer to ASSUME and ^ will ^ will not be required to qualify for an EXISTING LOAN(S) of approximately $ at no more than % with monthly payments of approximately $ P ^ I ^ T ^ I ^. This agreement ^ is ^ is not contingent upon Lender releasing Seller's liability. Type of loan .Buyer shall apply for suc loan or assumption within three (3) banking days after Seller's ac/~ptance of this acgr~emegnt~. OTI~~l FINq~NCING, TERMS & CONDITIONS- ~y ~~.~ ~ ~~ ~ ~~ -~T ~~ " ~ ! ~ `L :/`S~1.Q~c' s /n /~ ~rJ s it / ~~ ~x~ .Dri~~ii~.~ ,D s.i~ 3. THIS AGREEMENT ^ is Is not CONTINGENT upon sale and closing of on or befoYe listed with (If a contingency is noted please read applicable conditions in Paragraph # 15 on reverse side. NOTE: Any waiver by the Buyer under this section will be a waiver of ALL contingencies, including financing.) ~~ 4. ITEMS. SPECIFICALLY INCLUDED IN THIS SALE (if FHA/ VA financing is sought see Item 3t 14 on reverse side): ~ u v~--J 5. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 6. COSTS PAID BY: Costs in addition to iHbae listed below may be incurred by Buyer and Seller. Unless otherwise agreed herein,or provided by law or required by lender, Buyer shall purchase Seller's reserve account if loan assumption. n v.,e bfe.i.. o,,...t,a~e.~e rwe...leA r ..e.e,.e r•1e o.,n~., .e..,,oato.t AAiiihinnul r, nirl by See itwm # 17 nn reverse side. If requested by lender or otherwise stated herein, the below costs will be paid as indicated. City/County Contract and/or Closing Costs Loan Well Pump/Inspect Code Inspect. Document Agent's Paid By Appraisal Assumpt. Inspect. Septic ' if required Prep. Fee Long Term Lenderar Escrow Code Fees Repairs BUYER N/A x, SELLER SHAREEOUALLY 1 2 3 a 5 s 7 e 9 10 n 12 13 14 15 1s n 1e 1a 20 z1 22 23 24 zs ze z7 2e 2B 30 31 32 33 34 36~_ ~ 3e 39 ao 41 42 43 44 45 as aT 48 49 50 61 52 Cost of lender or code repairs not to exceed $ ~'~ .Discount points to be paid as agreed on line 29 and 30. SELLER UNDERSTANDS 53 fhatasaresulto/anycityo~countyinspecfionsHEMAYBEREQU/REDTOMAKEREPAIRStothepropertyinoidertocomp/ywifhthehousingcodeWHETHERORNOTA s4 "" SALE /S COMPLETED UNDER THIS AGREEMENT. S5 7. POSSESSION. Buyer shall be entitled to possession on~rJosing ^ other . "Closing" means the date on which all documents are se either recorded or accepted by an escrow agent and the sale proceeds are available to Seller. Taxes and water assessments (using the last available assessment as a s7 ba~ nth, insuranc ~remjym~, interest and reserves on liens, encumbrances or obligations assumed and utilities shall be pro-rated as of 5e mot. C'~ Yr~'J/O .Buyer shall pay for fuel in tank, amount to be determined by the supplier at Seller's expense. 5s 8 G: On-or betoreyhe rtrsin$ , Bt and SsHargsKall deposiYwiitiThe ctosing-agahtatl farrds and irratrumenis-necessary to completaTh~-sete: Tn~- so- - -- closing date shall be no later than ~` l~ ` ! ~ E1 9. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of . If Seller does e2 not arrant this enreement within the time specified. the entire Earnest Monev shall be refunded to Buyer on demand. Seller's counter offer (if any) is made subject to the s3 oker, provleeuulo a"'~~" es does not con51~~~~~ ~ ' - - - e osit as liquidated damag artier in their pert nce of fhe terms an° cun~~•~"• ~ " g the Eamest Money a tho[; ones either.of the p u er, the Broker, l~ Buyer and thy-$elie( 1~ the event of default by the non-defaultin~y' n the pantie § fees and costs incurred by de osited hereuDd~~te f;at ea • ~ necessary to advance the Bost •and'. II attorney a artier as to tb~.Earnest Money solve any such disp, , en th P ... be` osit as-fiat t~eveM••Qf:a dispute betwe of comps{®nt furi$diction,to r@ • leader action} Ip8 opurt, window screens, day file an interp .#he~"Earlfest IdloneY depCS!t~o utilize as rrsuch of the Earnest Money fixtures, attached ze the Broker holding. of any such action. ~ attached plumbing, bathroom and light8retus and fixtures. ks and eel required for,filing, or shrubbery, water heating aPP urtenant lants, es (but excepting all other ranges). fuej teltt s attac~e~g~vision0 t eeg P, in" rang Q ova ext,ed uilt in and "drop ditches and ditch rights that are aPP stormtfp©Is, WindO`µe s stems,.b and all, if any, rovided herein. INCLUDED ITs orSm W nd~s ed flgor cove ng and heating Y hts, and any screen doors, awnings, ventilating. cooling water and water rig lace equipment, and all, if any, tees to make aP- firep lures and equipment, and any .. :remises Shall be included in the sale unless °otcu a same and further a9 lated, additional irrigation fix ,y financing Is oontemp veto that are now on or-used in connection with t e p... f this a9 ' ~ d the Buyer agrees to make a beeroe t ~ VA or FHA ' B4 g5 100 101 102 103 104 the 1s regwre lance o - If financing s after Seller's accep orated herein by reference. , , rovi- 1os 3 banking day incorp nofwithstandingsny other P, ~~ FINANCING REQUIREMENTS. er and Seller agree that, er has received a wntten placation therefore wi thereto maybe attached thereto and are thereby rester than ~~~ provisions pertaining.. ro erty described herein unlesco is) equal to or g tB8 to ,06 on Buyer obtaining FHA urchase of the PB P ro erty (excluding ofosing rovided he shall a9 lets the p f this agreement p 1os FHA/VA• If this agreement is contin9en u forth an appraised value of th undertheterms~ ion is 10 Bu er shall not be obi able setti 9 P roceed raisgd_vali~,at _ lions of this contractthe FHA or VA as app rtheless, at his sole discreei°npraised value. Buyer shall in either eS°The app be obligated to pay "1 D, doesnot war statement issued bY. er may, neve orf fees and other loan charg „z the purchase price herein,The BuY rice stated herein and th P and.Urban Developn7ent will insure. HU but not limited to credit feP rice and the condition of the 113 Pay in cash the difference between the asking p 114 costs attributable to Buyer including the Department of Housinf~ „im88lf /her'self that the p normal closing mortga9 The Purchaser should satisfy arrived at to determine the maximum ro erty. ro erty "s rant the value or th tabledition of the p P encies may require that the ecpons• 16 property are accep rah #4 is of nominal value less than $1~• and may require other insp u °n request of agent, ' 17 h FHA. VA or a cot county n wh ch it s located, ~ 16 It is agreed that any item included in Para er to finance ttiroug ction. Seller agrees to pay. in advance, p overnmental requirements of jlance inspa 19 Seller understands that iC0°de and other g reement, comply with the housing a east herein to request a City Code Comp as sp 120 actions, occVrring, ecified in Item #3 of this ag Seller. authorizes the selling 9 iifen noticg 12' costs of any of the above insp•, on certain specified conditions, ~ ,z2 ' offer i contingent up for sale ~d to ac>;ePt °ffers until such timer fhreelbank'in Ig days y~f have e CY CLAUSE. If Buyer s, ert urchase, $eUgrshall9ly®Buyeriod then the Agr~ement'shall be ,z3 t offer the~herem{troP, y ble offel,to~p. day P-. •, , '~ 15. CONTINGF,d Ve the r'tghEto coAtinue~ Q, other accepl'a, .. witfrin the.thrsf3- he contin9d~1es thenl3uy ,z4 Seller ahall•ha lved lay Buyer= Should $e~iiei' receiv@ aC fh t the terms of the new off of ,z5 satisiied or v~ , ., er does not WaNe or satisfy the contingencies in writing 126 Buyer's costs. in the evenf Bud 8~t otWithstand+,ng t ~ ersonal delivery r less custotnarY a containing such notice. Notice ~~ ofsuch•offer:IntheeveositsretufnedtoBuy~ nin9terms,and;eortdifiohsofiblsA9 reement. 127 terminated and all dap ertyynde'~the'i`eri'~81 iven and the three days shall commence on the earlier of sit er e of this ag '`' ? evidenced by the postmark on the envelop rviceedto purchase the:proP • n on the front pa9 ,26 ~r?:> .shall p s following the date of mailing .,~may,be more or less favors elnt o ~wo dayall be considers 9 including financing. 129 ' e to the Buyer or his a9 hard banking day after notice. All notices shall be seencieshe addresses show 'notes olicy in the amount of the pur- sh'allexpire at midnight on the t er a title insurance p the Buyer under this section will be a waiver of ALL co fu(gsh to the Buy ,31 a reasonable time after clo~b act to the liens, encumbrances and defects elsewhere set out in this 13 NOTE. Any waiver by er a commitment for a title 13z ithin 133 The Seller. shall ~ ort. If the Buyer does not so remises show~n9 b the. BuY a s from receipt of the commitment or until 24 ou tg. TITLE INSURANCE• `marketable and insurable titles I u 134 of the p d er. Prior to closi Buytse shall have five.) d{ a as slat forth'in°the ep ales is not marketable, or chaPrice ed or assume Y remises ,35 afire east to be discharg to the condition of the ti or if the Seller. having 136 olicy showing the condition of the title to said P reed that if the title of s9id prom a for the insurance P . whichever is the less, within which to object in writing er and Seller shall p Y ,3z riot to closing, led the conditions of the title. It is ag .shall be returned to the BuY P II be deemed to have ao~ notice containing a written statement of defects is delivered to the Sel er, object, the Buyer she 30) days after reed, the earnest money ,36 al fees, roblems or risks such as liens i.e., cannot be made so within thirty ( if any. otential p 139 approved said sale fail eSCu w a ~ Ieagte the same as herein a9 al obligation ,ao A b dis ales, claims of easement, and other mats wa kmenl who have cost of title insurance, standard policy of title insuroundaryeS P t cover certain P ert may have become leg 141 otential claims against the prole Idaho law alto ,az ro erty for payment of some debt or obligation such p urchase. For examp last worked on the home• 143 17. EXTENDED C OVrERP Gp TITLE POLICY• However, under Idaho law, eriod of time afteFtheY the Buyer to protect the a legal claim ag not be of public record until after the°p erty for a p aid by 144 are not of public record at time of closi e9•maY aid by the Seller, must be p remium. In addition to the 145 urchase of the home a doled an existing one to file liens a9aSelf andt f not p .. olicy for an additional P olicy may Protect the before the p aired or remA, ro erty fees). Such a p ainst all ,4e be able to issue an "extended coverage P ,47 built a new home or rep . , antes may The debt in such cases will become a lien or claim against t a me. Title insurance comp olicy~contains exclusions an aboutwhat t offer aRicu• 1a8 o be other, cost xtended aovera9e eP a~a1gt'dle assurance comp Y an for p eQuify in the h e title policy, there'maY even an ' e er talk to 1as premium for extended coverag a of coverage is offered, so contact's title insurance comp Y ainst p bu ing property. It is recommended that the BuY gayer ag roblems such as the above. Of course, what typ f ,50 roblems or risks involved in ol'~cy itself can tell exactly ~... potential p e, pasty the P 15' way of extended coverag rovided, and is to b e ulat onsl and o dinancles of any.. tars. warranty deed, unless otherwise building and zoning, g diischar9ed by Sellermay be 153 building or use restrictions, to,he Bu er or to which title Title of Seller is to be conveyed by encumbrances or defects' 1sa tg TITLE CONVEYANCE. atents; state or railroad deeds, TERMS & CONDITIONS. for rights reserved in federal p s encumbrances or detects, which are.to be discharged or assumed by Y and easements established or of record. Liens, damaged by ,55 governmental, unit, and rights of way No lien , a e of this agreement under'OTHER FINANCING, ,56 at date of closin9•ecifiedherein onthe front p 9 remises be materially paid out of purchase money is taken subject to, exists unless otherwise sP lion of the Buyer. the broker or ,57 f this sale, all risk of loss svoidable at t e °P Seiler. In addition, shout t e re resentation by n and 156 Pnor to closing o reement shall be on any statements or in solely upon informatlo 1ss 19. RISK OF LOSS. riot to closing. this ag his agreement rely 9 reement between fire or other cause p r d intq t u on either so tossed. The Buyer has entp @ reement constitutes the whole a9 e:Buyer fYerebY~cknowled9es further that he has not recei few ses`Th s ag 16' 20 INSpECT1ON. Th the getter which are not hoe gonapnspection of the p resentations have bean made or shall be binding P his representatives or by reements or rep - ; \ s2 e obtained from his own investigation or.p knowledg including any warrantY_of habitability, a9 -__ _,_ -thaPa~ies and no warranties -, ~ ,,mil __ --- -_ ----,53" Party unlessherem selfort~-. `=1- and understandin9~ Each of •ttie parties acknowled9e$ read Seller's initial ~~ • ... 1sa r ~~ ti..i ORDINANCE N0._~~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 12 AND A PORTION OF LOT 11, BLOCK 1 OF CRESTWOOD ESTATES SUBDIVISION N0. 1, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Counci 1 and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (R-8) Residential, for the following parcel described in Exhibits "A" and "B" incorporated herein as if set forth in full hereat. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described in Exhibits "A" and "B", incorporated herein as if set forth in full hereat, be, and the same is rezoned from (R-4) Residential to (R-8) Residential, and Section 11-2-425, official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Boz 127 Merldlan, Idaho 83812 Telephone BBB-1161 PASSEO by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this~~ day of C c , 1990. APPR VED: L ~/ ~.- ' f -- RAN K NG R AMBROSE, FITZGERAID 6CROOKSTON Attorneys and COUnaelOrB P.O. Box 427 Meridian, Idaho 93842 Telephone 899-4461 STATE OF IDAHO,) County of Ada, ss. I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOT 12 AND A PORTION OF LOT 11, BLOCK 1 OF CRESTWOOD ESTATES SUBDIVISION N0. 1, MERIDIAN, ADA COUNTY, IDAHO• AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. ~~, by the City Coun it and ayor of the City of Meridian, o the ~~ day of ~c~~l9C ~ 1990, as the same appears in my office. DATED this ~.~ day of ,~ 1990. ;' . -~ ~~ i~t i ty o Mer i ~ an Ada~County,%~Idaho j AMBROSE, FITZGERALD BCROOKSTON Attorneys and COUnseloro P.O. Box 427 Me~ldlan,ldaAo 83642 Telepllons 888.4181 STATE OF IDAHO,) ss. County of Ada, ) 1 On this ~~ day of ~ CJs 1990, before me, the undersigne a Notary Pu ~c in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~' ~' ., :~"R ~SA6~'y o (SEAL) ~ ~a ' _ _ '~ ~, G ° ~ e. F*~•~ ~~ :ary Public for ldano tiding at Meridian, Idaho commission expires 9/1/93 A parcel of land being in portions of Lots 11 and 1l or Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 36 of Plats at pages 3060 and 3061 lying in the NE 1/4 of the NW 1/4 of Section 13, T.3N., R.1W., B.M.,Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 0! Block 1 of Crest Wood Estates Subdivision No. 1; thence North 14'00'00" West 68.80 feet along the Southwesterly boundary line of the said Lot 12 of Block 1 0! Crest Wood Estates subdivision No. 1 to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 14.00'00" West 68.75 feet along the said Southwesterly boundary line of Lot 12 and the Southwesterly boundary line of the said Lot it of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin on the Southerly boundafry of a parcel of land described in Warranty Deed Instrument No. 8767224; thence North 88°56'55" East 116.12 feet (formerly described as North 89'00'00" East 116.14 feet) along the said Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224 to an iron pin on the Northeasterly boundary line of the said Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1; Exhibit "A" ,.M thence South 23'13'00" East 2.68 feet (formerly described as 2.65 feet) along the said Northeasterly boundary line of Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 9°10'00" East 53.27 feet along the said Northeasterly boundary line of Lot 11 and Northeasterly boundary line of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 82'47'39" West 109.88 feet to the point of beginning, comprising 0.160 acre (6,973.73 square feet), more or less, EXCEPT: A parcel of land being in portions of Lots 11 and 12 of Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 26 of Plats at pages 3060 and 3061 and a portion of land lying in Warranty Deed Instrument No. 7534512 lying in then NE 1/4 of the NW 1/4 of Section 13, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence :~-North 14°00'00" West 68.80 feet along the Southwesterly boundary line of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence North 82°47'39" East 96.66 feet to a point on the Westerly boundary line of a parcel of land described in the said Warranty Deed No. 7534512, also said point being the REAL POINT OF BEGINNING; thence continuing North 82°47'39" East 13.22 feet to an iron pin on the Northeasterly boundary line of -the said Lot 12 of Block 1 of .Crest Wood Estates Subdivision No. 1; thence Nortk~ 9°10'00" West 53.27 feet along the said Northeasterly boundary line of Lot 12 and the Northeasterly boundary line of the said Lot 11'of Block 1 of Crest Wood Estates ~• tSubdivision No. 1 to an iron pin; ~~.. '.r„ ' ,,;'~"~ thence North 23°.13'00" West 2.68 feet (formerly described as 2.65 feet) along the said Northeasterly boundary line of Lot 11 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin on the Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224; thence South 88'56'55" West (formerly described ae South 89'00'00" West) 14.26 feet along the said Southerly boundary line of a parcel of land described in Warranty Deed Instrument No. 8767224 to a point on the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512; thence South 23°13'00" East 6.43 along the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512 to a point; thence South 9°10'00" East 51.19 feet along the said Westerly boundary line of a parcel of land described in Warranty Deed No. 7534512 to the point of beginning, comprising 0.017 acre (749.97 square feet), more or less, said parcel of land containing a net area of 0.143 acre (5,915.59 square feet), more or less, SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. A parcel of land being in a portion of Lot 12 of Block 1 0! Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 36 of Plats at pages 3060 and 3061 lying in the NE 1/4 of the NW 1/4 of Section 13, T.3N., R.iW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1, also said point being the REAL POINT OF BEGINNING; thenoe,, North 14.00'00" West 68.80 feet along the Southwesterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence North 82°47'39" East 109.88 feet to an iron pin on the Northeasterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence South 9'1o'oU" East 56.00 feet along the said Northeasterly boundary of Lot 12 of Block l of Crest Wood Estates Subdivision No. 1 to an iron pin marking tt~e Southeast corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence South 76'00'00" West 104.39 feet along the Southeasterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to the point of beginning, comprising 0.153 acre (6,665.85 square feet), more or less, EXCEPT: A parcdl of land being in a portion of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Hook 36 of Plats at pages 3060 and 3061 and a portion of land lying in Warranty Deed Instrument No. 7534512 lying in the NE 1/4 of the NW 1/4 of section 13, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence North 76'0000" East 91.13 feet along°~the Southeasterly boundary of 'the said Lot 12 of Block 1 of Crest Wood Estate's Subdivision No. 1 to a point on the Westerly boundary line of a parcel of land described in the said Warranty Deed No. 7534512, also said paint being the REAL POINT OF BEGINNING; _, .... Exhibit "B" Y 1 r s .f thence continuing North 76'00'00" East 13.26 feet along the said Southeasterly boundary of Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin marking the Southeast corner of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1; thence North 9.10'00" West 56.00 feet along .the Northeasterly boundary of the said Lot 12 of Block 1 of Crest Wood Estates Subdivision No. 1 to an iron pin; thence South 82'47'39" West 13.22 feet to a point on the said Westerly boundary: line of a parcel of land described in Warranty Deed No. 7534512; thence South 9°10'00" East 57.57 feet along the said Westerly boundary line of a parcel of land described ~n Warranty Deed No. 7534512 to the point of beginning, comprising 0.017 acre (750.26 square feet), more or less, sa~;d parcel of land containing a net area of 0.136 acre (5,915.59 ;square feet), more or less, SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. t r ~'~ 5ar Cludas Christopher J. Thomas ~Eugen Ross len H. Vanslyke i cene M. Baker i en Mourey her~yl Post ~r 1 & Tamara Taylor /Ber ce Kaster ont & Ann Ralstin onald & Vickie Woods ~rk & Annette Campbell on Rastin te~lhen Southard ~llia ~& Joan Ireland ~--fi R Construction ric & Brenda Jensen 875 W Franklin 942 Crestwood Dr 7125 Aspen Cove 934 Crestwood Dr 932 Crestwood Dr 958 Crestwood Dr 948 Crestwood Dr 938 Crestwood Dr P.O. Box 268 935 Crestwood Dr 1014 Crestwood Dr 1000 Crestwood Dr 1116 Crestwood Dr 1009 Crestwood Dr 939 Crestwood Dr 1226 W Crestwood 120 S. Crestwood Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 ID Falls, ID 83403 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Park Pointe REALTI! Inc. P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062 AMBROSE, FIT2(iERALD 6CROOKSTON Attorneys end Counselors P.O. Boz 127 Merldlan, Idaho 83812 T6tephone 88&1181 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 o'clock p.m., Tuesday, July 31, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of HENDERSHOT CONSTRUCTION for a rezone of lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision No. 1, B.M., Ada County, Idaho. The property is generally located West of Meridian and South of Franklin Road in Crestwood Estates Subdivision No. 1. The Applicant is requesting a rezone from (R-4) Residential to (R-8) Residential. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. } DATED thi~~~n day of-~~G 1990. • NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m., Tuesday, August 21, 1990, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose of said hearing is to consider the application of HENDERSHOT CONSTRUCTION for a rezone of Lot 12 and a portion of Lot 11, Block 1 of Crestwood Estates Subdivision No. 1, B.M., Ada County, Idaho. The property is generally located East of Linder Road and South of Franklin Road in Crestwood Estates Subdivision, No. 1. The Applicant is requesting a rezone from (R-4) Residential to (R-8) Residential. A more particular legal description is on file at City Hall and may be inspected there. The public is welcome and testimony and comments will be taken. DATED th i sod day ,,~ ~ 1990. AMBROSE, FITZOERALD 8 CROOKSTON Attorneys and Covnseloro P.O. 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