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HomeMy WebLinkAboutMisty Meadows #1 FP FINAL PLAT PHASE I MISTY MEADOWS SUBDIVISION C O M M E N T S 1: Ada County Highway district has evidently approved this as construction has started: 2: Central District Health: Can approve with central water & sewer: 3: Nampa Meridian Irrigation: All private laterals & waste ways must be protected: All drainage must be retained on site: 4: City Engineer: See Attached: 5: Sewer Depat: Sewer Plans reviewed; 6: Police Department: Concerned about one way in & out, need emergency access: 7: Fire Department: Need additional access for emergency vehicles, would suggest all weather road access from NW 8th Street. ~I S~IVISION EVALUATION ~EET Proposed Development Name MISTY MEADOWS SUB N0. 1 City MERIDIAN Date Reviewed 10L/90 Preliminary Stage Final XXXX Engineer/Developer BRIGGS ENGR./ALICE CULVER / ate Sent The following SUBDIVISION NAME is approved by the Ada unty Engineer or his designee per the requirements of the IDAHO E CODE. MISTY MEADOWS SUBDIVISION NO. 1 X. ~-- Date ~ 2`~ ~~ The Street name comments listed below ar de the members of the ADA COUNTY STREET NAME COMMITTEE (under direction o he Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin¢ existinV street names shall aopear on the plat as: "W. KINGSWOOD COURT" "N.W. 11TH AVENUE" "W. NEWPORT COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, CY REP S ATZVES OR DESIGNEES G Ada County Engineer John Priester Date ~0 ZS / d- Ada Planning Assoc. Terri Raynor Date ~ Local Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherw"se the plat will not be signed !!ff Sub Index ~treet~ndex Map NUMBERING OF LOTS AND BLOCKS i MERIDIAN CITY COUNCIL 1 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Pre;~ent: Kay Beumeler, Wayne Crookston, Bill Gordon,Jim Johnson, Bill Briggs, Gary Honeymiller, Moe Alidjani, Peter Covino: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held October 16, 1990 as written: Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Tolsma to approve the the minutes of the Special Meeting held October 30, 1990 as written: Motion Carried: All Yea: Item #1: Final PLat on Phase #I, Misty Meadows Subdivision: Mayor Kingsford: Do the Council Members have any questions in regards to this request? Tolsma: Have you reviewed the comments? Bill Briggs, Engineer on the project: Yes, we have: Tolsma: What about the all weather access for emergency vehicles , do you have any problems with that? Briggs: What we would like to do with the Council's permission is to, from the end of Mr. Noteboom's driveway, blade whatever width the Fire Chief would deem appropriate to the end of the paved street and then gravel that portion so it would meet the Chief's requirement. Mayor Kingsford: I think the Police Chief had the same concern, would this meet with your approval? Police Chief: Yes: Briggs: I think the critical thing is that we build something satis- factory that would hold up a fire engine and I assume that would hold up a police car: ACRD is requiring that we put a barricade at the end of that street but it could be a breakway barricade. The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat on Phase #I of Misty Meadows Subdivision with the provision of the additional access, all weather road from Northwest 8th Street. to the paved road be constructed that will carry Fire Engines and/or Police Units: Motion Carried: All Yea: Covenants on Misty Meadows Subdivision: Item #2~ ou reviewed those? Kingsford Counselor have y Mayor MERIDIAN CITY COUNCI~ • NOVEMBER 6, 1990 Page #2: Counselor: I think that I have but I did not take a close look at the agenda and if I have did not bring my comments with me tonite; Mayor Kingsford: Council Members do you have any questions about them? If you do not, I recommend maybe that we approve them conditioned upon Counsel's review, The Motion was made by Giesler and seconded by Myers to approve the covenants for Misty Meadows Subdivision conditioned upon the City Attorney review: Motion Carried: All Yea: Item #3: Pre-Termination Rearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to, you have the right to a pre-terminationhearing before the Mayor & Council to appear in person, to be judged on facts and defend the claim made by the City that your water/sewer & trash bill is delinquent. You may retain Councel: Is there anyone in the audience who wishes to have a pre-termination hearing? There was no response. Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on November, 14, 1990. In order to have their water turned back on, there will be an additional charge of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal their water shall be shut off: The Motion was made by Tolsma and seconded by Yerrington to approve_turn- off list as submitted: Motion Carried: All Yea: Amount of delinquencies this month: $12163.97: Item #4: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve the bills: Motion Carried: All Yea: Item #5: Resolution #135: Mayor Kingsford: A Resolution of the City of Meridian authorizing Mayor Grant Kingsford or City Clerk Jack Niemann to sign all applications, grant agreements and amendments and any other documents relating to the Wastewater Treatment and Sewerage System Facilities Plan, what we are proposing is to apply for a Grant that we will have a match on to update our facilities plan for sewer and water for our area of impact, last time that was done was in 1977 as we were working on the new sewer plant. The Motion was made by Myers and seconded by Tolsma to approve Resolution #135: Motion Carried: All Yea: DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS MISTY MEADOWS NO. 1 SUBDIVISION KNOW ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify and declare: I That G. L. Hunemiller Const., INC., an Idaho corporation, the Declarant, is the owner in fee simple of the following described real property, located in Ada County, Idaho, All of the lots in MISTY MEADOWS N0. 1 SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book of Plats at Pages and records of Ada County, Idaho. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of designations therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interest, the grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described or conveyed in or by such conveyance, as follows: (a} ANNEXATION: Where "annexation" is refered to in this document, it shall mean and refer to the process by which additional tracts or parcels of real property are made part of Misty Meadows Home Owner's Association, Inc. and this Declaration of Protective P.estrictions and Covenants. (b) ASSOCIATION: Where "Association" is refered to in this document, It shall mean and refer to the Misty Meadows Home Owner's Association, Inc. , an Idaho non- profit corporation, its successors and assigns. (c) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lots and be rostricted to single family dwellings which shall include, but not be limited to, any dwelling in which eight (8} or fewer unrelated mentally and%or physically handicapped persons reside; and which is supervised by no more than two (2) of such resident staff residing in the dwelling at any one time, provided State of Idaho approval has been obtained. No structure shall be erected upon any residential building site other than residential dwellings and accessory buildings, none cf which shall exceed two (2) stories in height. (d) TYPE OF BUILDING: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and MISTY MEADO`~NS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - I painted and Kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. Ail building plans shall be approved by the Architectural Control Committee. (e) MINIMUM BUILDING SIZE: Ali residential buildings erected upon said property shall have a minimum floor area as designated on the official plat (exclusive of garages, carports, patios, breezeways, storage rooms, porches and similar structures), and a minimum of a double-car garage is mandatory for each single- family unit. (f) BUILDING LOCATION: No dwelling house, garage, nor any part thereof, nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected with less than a five (5) foot side yard, per story, on either side of the house; except, buildings on corner lots shall be at least twenty (20) feet from both streets. For the purpose of this covenant, eaves, steps and gutters shall not be considered as a part of the building; PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Wh¢re it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. (g) BUILDING SITE: A building site shall consist of a minimum of: 1) One (1} of the residence tracts as platted in said plat, and as described in a deed or conveyance; or 2) a parcel composed of portions of one (1) or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, wfth the minimum dimensions and area being in conformance with the requirements of subdivision and zoning ordinances effective at that date. (h) MOVING OF BUILDINGS -CONSTRUCTION OF OUTBUILDINGS: No building or structure shall be moved onto said ro_al property from any land outside of said plat. No trailer houses shall be parked in any street or within building setback lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, not shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other similar small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (i) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall b2 prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including painting, within eight (8) months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder ~n~ ~n~Y f Qr SuCh time aS that cause continues. DIVISION DECLARATION OF PROTECTIVE C0~IENANT5 - 2 NIIST~: MEADOWS N0. 1 SUB - (j) OIL AND MINING OPERATIONS: No oil drilling, oii development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oii or natural gas shall be erected, maintained or permitted upon any lot. (k) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision. (1) REFUSE DISPOSAL -MATERIAL STORAGE: No machinery, appliance, or structure or unsightly material, or junked or dilapidated vehicles or automobile parts may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped or otherwise disposed of upon the real property. No building materials shalt be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. (m) FENCES - HEDGES: No fence, hedge, berm or boundary wall situated anywhere upon any buiiding site shall have a height greater than that allowed by the local controlling ordinance, but in no event shall it be greater than six (6) feet in height, behind the building front or side street setback lines, above the finished graded surface on street side sidewalks or the ground upon which such fence, hedge, berm, or wall is situated; except, if on a berm the height of the berm shall be deducted from the otherwise allowed height. No fence, hedge, berm, or wall shall be constructed in front of the front or side street setback lines greater than four (4) feet in height if open chain link fence or three (3) feet in height if solid fence; except, if on a berm the height of the berm shall be deducted from the allowed height of the fence. No fence, berm, wall, hedge, or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30} feet from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line, within the edge of a driveway, or alley pavement. No tree shall be permitted to remain within such distances ar .such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. (n) NOXIOUS USE OF PROPERTY - SPITE FENCES: No portion of the real property nor of a building site nor any structure thereon shall be used for the conduct of any Trade, business or professional activities. Noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. MISTY MEADOWS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 3 The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fenc¢, hedge, or tree falls within the latt¢r category shall be conclusive upon all parties. (o) GENERAL APPEARANCE AND NEATNESS OF PROPERTY: No recreational vehicles nor other vehicles larger than athree-quarter-ton pickup shall be parked on any lot in MISTY MEADOWS N0. 1 SUBDIVISION nearer the street than the front line of the dwelling, or in the street right-of-way. For the purposes of the Protective Restrictions and Covenants, recreational vehicles shall include, but not be limited to: boats, camp¢rs, motor homes, snowmobiles, motorcycles and .race cars. All maintenance work performed on the above vehicles or personal automobiles shall be done inside the garage with the doors closed. No vehicle shall be parked in the street for a period of time exceeding twenty-four (24) hours at a time. All Grantees in MISTY MEADOWS NO. 1 SUBDIVISION shall maintain their property in a neat and orderly fashion. Landscaping must be planted within three months from the time the dwelling is occupied and must be maintained and watered. Ali Grantees shall maintain the dwelling in good repair and appearance and shall not allow the buildings, fences, landscaping or any other part of the property to have a shoddy appearance as determined by the majority of Grantees (p} BILLBOARDS -SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property, during the construction and sales period. (q) ANIMALS: No livestock, excepting dogs and cats, shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such animals exceed in number that listed in the City of Meridian Ordinance. III That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, hereinafter designated, as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, as provided in Paragraph IV hereof. As to all improvements, construction, and alterations upon building sites, the Architectural Control Committee shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which is not suitable or desirable in the opinion of a majority of said Committee, for any reason, aesthetic or otherwise, and in so passing upon such designs the Committee shall have the right to take under consideration the suitability of the proposed building or other structures, and the material of which it is to be built and to the MISTY MEADOWS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 4 exterior color scrieme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall affect the desirability or suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval, by the Architectural Control Committee. IV The Architectural Control Committee is composed of Gary L. Hunemilier, 3955 Argonaut Avenue, Boise, Idaho 83709; Russell D. Hunemiller, 282 W. Parliment Court, Boise, Idaho 83706; and Dan Dixon, 4720 Emerald Street, Suite 116, Boise, Idaho 83706. A majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At the time one- hundred (100) percent of the building tracts, or lots, in MISTY MEADOWS N0. 1 SUBDIVISION have been initially occupied, the then owners of the building tracts, or lots, shall elect resident proper+.y owners as the members of the Architectural Control Committee, to replace those persons, or their replacements, named above. Such election may be by a general meeting or a written ballot circulated to all residents, with the three persons receiving the most votes deemed elected. A written instrument setting forth the results of the election shall be duly recorded in the office of the P.ecorder of Ada County, Idaho. At any time thereafter, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the power through a duly recorded instrument to change the membership of or to withdraw from the Committee or restore to it any of its powers and duties. No member of this Committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such Committee. V That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it approval will not be required of such Committee and the related covenants shall be deemed to have been fully complied with. VI (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assign, or for public dedication by the owner, its successors and assigns, a ten (10) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each said lots, MISTY MEADOWS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 5 for the purpose of constructing water mains and meters, electric distribution lines and appurtenances, drainage pipelines, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grant¢es and owners of said lots and parcels henceforth; this reservation being intended to provide an easement Twenty (20) feet wide centering on the rear lot line of each lot. The easement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure. planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of the Idaho Power Company, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements interfering with the location, construction and maintenance of said power lines on and across the following premises belonging to the said owner in Ada County, State of Idaho, in the following location, to wit: IN MISTY MEADOWS N0. 1 SUBDIVISION, Ada County, Idaho, a strip of land ten (10) feet wide, five (5) feet on each side of the boundary line of the actual building site, running from the street right-of-way or utility easements as shown of the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; thence, strips of land each ten (10) feet wide, one (1) on each building site running directly from said point or points of the boundary line to the corresponding opposite electrical service entrance facilities on the bufldings constructed on said building sites. The actual building site may be a lot as shown on MISTY MEADOWS N0. 1 SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. (c) The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Planning and Zoning Commissions having jurisdiction, to determine and designate the location upon such easements of all irrigation ditches, pole lines, sewer lines, and other public utilities' distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation or death, the remaining members of the Committee shall fill such vacancy by appointment of an owner of property within this subdivision to such Committee. MISTY MEADOWS NO. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 6 VII MISTY MEADOWS SUBDIVISION HOMEOWNER'S ASSOCIATION, INC.: The Association is formed to manage and operate the pressure irrigation system and the surface drainage disposal system in Misty Meadows Subdivision. The Association has duties and obligations not covered in this Declaration, and are set forth in the Articles and By-Laws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein all become part of this Declaration. The Association has the authority to assess the Lots for the operation and maintenance of the above mentioned systems; however, the Association does not have any powers to assess the residential Lots of the Subdivision for any other purpose whatsoever. VIII ANNEXATION: As set forth in the original documents on file in the Office of the Ada County Recorder, Boise, Idaho, additional property may be annexed to Misty Meadows Homeowner's Association, Inc. and brought within the provisions of the Association at any time, and from time-to-time without the approval of any Owner or the Association by recording a Supplemental Declaration of Protective Restrictions and Covenants with respect thereto, which shall annex such property to Misty Meadows Homeowner's Association, Inc. and which may supplement the original Declaration with additional or different covenants, conditions, restrictions, reservations and easements as the Grantor may deem appropriate therefor, and may delete or modify as to such annexed property such covenants, conditions, restrictions, reservations, and easements as are contained therein which the Grantor deems not appropriate for the annexed property, so long as the said quality of development is not materially adversely affected. IX That these Protective Restrictions and Covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part hereof, for a period of twenty (20) years from the date this document is recorded, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (SO) years unless the owner or owners of the legal title to not less and two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of the plat and the record of the Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. X That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and MISTY MEADOWS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 7 authority to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him, or her, or them from so doing or to recover damages sustained by reason of such violation. IX That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS WHEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this day of 1990. G. L. Hunemiller Const. , Inc. By: By: STATE OF IDAHO ) ss County of Ada ) Gary L. Hunemiller, President Lorraine Hunemiller, Secretary On this day of 1989, before me, the undersigned Notary Pubiic in and for the State of Idaho, personally appeared Gary L. Hunemiller and Lorraine Hunemiller, known to me to be the President and Secretary, respectively, of G. L. Hunemiller Const., Inc., the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Fublic for Idaho Residing at Boise, Idaho My Commission Expires MISTY MEADOWS N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS - 8 ARTICLES OF INCORPORATE MISTY MEADOWS HOMEOWNERS ASSOCIATION INC. WE, THE UNDERSIGNED, all being natural persons of full age, legally competent to enter into contracts, and citizens of the United States of America, do hereby voluntarily associate ourselves for the purpose of forming a nonprofit corporation under the provisions of Title 30, Chapter 3, Idaho Code, and do hereby adopt the following Articles of Incorporation: ARTICLE I -NAME The name of this corporation shall be: MISTY MEADOWS HOMEOWNERS ASSOCIATION, INC. ARTICLE II -REGISTERED OFFICE AND AGENT The street address of the initial registered office of this corporation, and the name of its initial registered agent at such address are as follows: 3955 Argonaut Avenue, Boise, Idaho 83709 Agent: G. L. Hunemiller ARTICLE III -PURPOSES The nature, objects, purposes, and powers of this corporation are as follows: A. This corporation is a nonprofit corporation, as such term is defined in §30- 305, Idaho Code. It does not contemplate pecuniary gain or profit, and no part of its income shall at any time be distributable to its members, directors, or officers (provided, however, this provision shall not be construed to prohibit the payment of reasonable compensation for services actually rendered for the benefit of the corporation, nor to prohibit the conferring of benefits upon the corporation's Members in conformity with its purposes). It is not intended, however, that this corporation be _ligible to qualify for tax-exempt status under the provisions of Section 501 (c) of the Internal Revenue Code, as amended from time to Lime. B. The objects and purposes of this corporation are to provide for the ownership, management, maintenance, and operation of the pressure irrigation system and the surface drainage disposal system shown of the official Plats and construction drawings of MISTY MEADOWS SUBDIVISION, according to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho, and the construction drawings to be furnished to the Association by the registered agent of the Corporation, in conformity with the requirements of the Declaration of Protective Restrictions and Covenants for the said MISTY MEADOWS SUBDIVISION. The initial subdivision filed for record will be MISTY MEADOWS NO. 1 SUBDIVISION, with additional property to be annexed to this Corporation by filing ARTICLES OF INCORPORATION - 1 10/22/90 for record of plats and~ditional Protective Restrictioi~and Covenants referencing this Corporation. C. This corporation shall have all of the powers and authority granted by th¢ Idaho Nonprofit Corporation Act and all other powers authorized or permitted to nonprofit corporations by the laws of the State of Idaho, as the same may be in effect from time to time. ARTICLES IV -MEMBERS A. This corporation shall have Members, whose rights, privileges, and voting rights shall be as provided in the By-Laws so long as not inconsistent with the following: 1. The record title owners of all or any portion of the lots in MISTY MEADOWS SUBDIVISIONS in Ada County, Idaho, according to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho, whose Declaration of Protective Restrictions and Covenants reference this Corporation, shall automatically be Members of this corporation, and membership in this corporation shall be appurtenant to ownership of said real property and shall run with the land thereof. 2. At all meetings of Members of this corporation, the maximum number of votes which may be cast shall be the total number of lots showing on the plats of said Subdivisions then of record in the Office of the Ada County Recorder. One (1) vote shall be allocated to each of the lots. The vote allocated with respect to each lot shall be cast in the manner determined by a majority in interest of the record title owners of such lot. Fractional votes shall not be permitted. B. There shall be no Certificates of Membership, and evidence of ownership of record title of all or any portion of said lots according to the Official Records of Ada County, Idaho, shall constitute proof of membership in this corporation. Membership shall automatically transfer to the transferee of the property concurrently with transfer of a Member's record title to all or any portion of the said lots. C. Meetings of the Members shall be held at such places and times as may be provided in the By-Laws, and may also be held in any manner prescribed or permitted by the corporation laws of the State of Idaho, as amended from time to time. The presence of Members entitled to cast fifty-one (51) percent of the total eligible votes shall be sufficient to constitute a quorum, and such quorum may transact any matter of business lawfully permitted to be transacted at a membership meeting of an Idaho nonprofit corporation. Except in th¢ case of a regular annual membership meeting held at the place and time provided in the By-Laws, written notice of each membership meeting shall be given to each Member at the most recent address for such Member shown on the corporation's books and records, and such written notice shall be deposited in the United States Mail, postage fully prepaid, not less than ten (10) nor more than fifty (50) days before the date of the meeting; provided, however, the necessity for such written notice may be waived by the unanimous written consent of all Members. D. Members of this corporation shall liabilities or obligations of the corporation. ARTICLES OF INCORPORATION - 2 not be personally liable for the debts, 10/22/90 •TICLE V -BOARD OF DIREC• RS A. The affairs of this corporation shall be managed by a Board of Directors, who need not be residents of the State of Idaho. The By-Laws may require additional qualifications for Directors. B. The number of Directors to be elected for any year shall be determined by majority vote of the Members at the membership meeting at which Directors are to be elected, but the number of Directors shall not be less than three (3) unless the number of Members at the time of election of Directors shall be less than three (3), in which event the number of Directors shall be the same as the number of Members of the corporation. C. The initial Board of Directors of the corporation, who shall serve until the first annual election of Directors, shall consist of the following persons, whose addresses are as set forth below: Gary. L. Hunemiller, 3955 Argonaut Avenue, Boise, Idaho 83709 Russell D. Hunemiller, 282 W. Parliment Court, Boise, Idaho 83706 ARTICLE VI -OFFICERS The officers of this corporation shall be elected by the Board of Directors and shall serve for such terms of office as may be designated by the Board of Directors. The officers of this corporation shall be a president, one or more vice- presidents, a secretary, a treasurer, and any other officers or assistant officers as may be elected or appointed by the Board of Directors. Except for the office of President, more than one office may be held by one person. The time and manner of election of officers, and their respective authority and duties, shall be as set forth in the By-Laws, or as may be determined by resolution of the Board of Directors not inconsistent with the bylaws. ARTICLE VII - BY-LAWS The Board of Directors is authorized to adopt, amend, and repeal By-Laws of the corporation, and to provide in such By-Laws for any matter which may lawfully be governed by the By-Laws of a nonprofit corporation under the laws of the State of Idaho. All provisions of the By-Laws relating to the election, qualification, and term of office of Directors may be adopted, amended, and repealed by vote of the Members at any annual membership meeting, or any special membership meeting called for such purpose. ARTICLE VIII -DURATION The duration of this corporation shall be perpetual. ARTICLE IX -DISSOLUTION A. This corporation may not be dissolved without the permission of the Ada County Highway Disirict. If such permission is obtained, the corporation may be dissolved upon unanimous affirmative vote of the Members present and voting at any membership meeting, provided written notice was given to each Member at ARTICLES OF INCORPORATION - 3 10/19/90 such Member's most •ent address as shown on t~books and records of the corporation, not less than ten (10) days before the e of the meeting, stating that the question of dissolution of the corporation was proposed to be voted upon at such meeting. B. In event of dissolution of the corporation, all of its property and assets, after payment of all debts and liabilities, shall be distributed or dedicated to a public body, or conveyed to anon-profit organization with similar purposes as this organization. ARTICLE X -ASSESSMENTS Assessments may be levied upon Members for the purposes specified in the By-Laws, and the same shall be allocated among the Members in the manner set forth in the By-Laws. The time of payment and manner of collection thereof shall be fixed by the Board of Directors from time to time in conformity with the provisions set forth in the By-Laws. Unpaid assessments shall constitute a lien upon any portion of the lots in said Subdivisions owned by a Member whose assessment is unpaid, and such lien upon any portion of the lots of said Subdivisions owned by a Member whose assessment is unpaid, and such lien may be enforced by this corporation in the same manner as provided by law in the State of Idaho for the foreclosure of Mortgages upon real property, except that all assessments are subordinate to the lien of the first mortgage. The failure to pay the assessments does not constitute a default under an insured first mortgage. ARTICLE XI -AMENDMENT These Articles of Incorporation may be amended by vote of seventy-five per cent (75~) in interest of the Members present and voting at any annual membership meeting, or any special membership meeting called for such purpose. ARTICLE XII -INCORPORATORS The name and post office address of the incorporator of this corporation is as follows: G. L. Hunemiller, 3955 Argonaut Avenue, Boise, Idaho 83709 IN WITNESS WHEREOF, the said Incorporator has hereunto set his hand on the . day of 1990. G. L. Hunemiller ARTICLES OF INCORPORATION - 4 10/22/90 e STATE OF IDAHO) ss. COUNTY OF ADA ) On this - day of 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared G. L. Hunemiller known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, on the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Comm. Expires ARTICLES OF INCORPORATION - 5 10/19/90 • CODE OF BY-LAWS • OF MISTY MEADOWS HOMEOWNERS ASSOCIATION, INC. Article I -PRINCIPAL BUSINESS OFFICE The principal business office of the corporation in the State of Idaho shall be located at 3955 Argonaut Avenue, in Boise, Ada County, Idaho. The corporation may have such other offices, either within or without the State of Idaho, as the Board of Directors may from time to time designate. Article II -MEMBERS A. Fi+aibility for Membership. The number of Members of this corporation, and the qualifications for their membership, shall be as set forth in the Articles of Incorporation. B. Annual MeetinRS. An annual membership meeting shall be held on the second Monday of the month of January during each calendar year, unless the Board of Directors shall fix a different date. The place of the meeting shall be at the principal business office of the corporation, unless the Board of Directors shall fix a different place. Written notice of the time and place of the annual membership meeting shall be given to each Member, by regular United States Mail, at the last address of such Member as shown on the books and records of the corporation, not less than ten (ten) days prior to the date of such meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all Members. C. Special Meetinsts. Special meetings of the membership may be held at any time upon request of the Board of Directors, any officer of the corporation, or by Members holding the right to cast not less than Ten (10) votes at membership meeting of the corporation. Any such request shall state the purpose for which the special membership meeting is desired to be held. Written notice of the time and place of a special membership meeting shall be given to each Member, by regular United States Mail, at the last address of such Member as shown on the books and records of the corporation, not less than ten (10) days prior to the date of such meeting. The notice of the meeting shall include a statement of the purpose of the meeting, as set forth in the request for the meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all Members. D. Other Provisions Relating to Meetins[s. Membership meetings may also be called and held in any manner prescribed or permitted by ~30-310, Idaho Code. E. Votinsz. Voting rights, and qualifications for voters, at any annual or special membership meeting, shall be as set forth in the Articles of Incorporation. Members may vote in person or by proxy executed in writing by the Member designating the proxy. All proxies must be filed with the Secretary of the corporation not later than the commencement of the meeting at which such proxy intends to vote for a Member. No proxy shall be valid more than eleven months CODE OF BY-LAWS - 1 10/19/90 after its date of execution. All co-owners of a single L~may collectively cast only one (1) vote, in the manner determined by a majority in interest of such co- owners. Article III -BOARD OF DIRECTORS A. Number and Qualifications. The number of Directors of this corporation shall be determined from time to time in the manner set forth in the Articles of Incorporation. B. Election: Term of Office. Directors shall be elected at each annual membership meeting. Directors shall serve a term of office of one (1) year from the date of their election, and upon expiration of their term of office shall continue to serve as Directors until their respective successors have been duly elected and qualified. Directors may by removed from office by not less than an 804b majority vote at any special membership meeting called for such purpose. C. MeetinAS. Regular meetings of the Board of Directors shall be held as determined from time to time by Resolution of the whol¢ Board of Directors. Special meetings of the Board of Directors may be called by any members thereof, upon not less than five (5) days' advance notice to each of the other members. Such notice shall be sufficiently given when mailed, postage fully prepaid, to the last known address of such director as the same shall appear upon the books and records of the corporation. The necessity for formal notice of any special meeting may be dispensed with by unanimous consent of the whole Board of Directors, and such waiver may be signified by the signatures of each Director at any time affixed to the Minutes of such special meeting. A simple majority of the directors shall constitute a quorum for the transaction of regular business at any meeting of the Board of Directors. D. Vacancies. Vacancies in the Board of Directors resulting from death, resignation, or removal from office of a Director, shall be filled by a majority vote of the remaining Directors. Any person so appointed to fill a vacancy shall serve until the next annual membership meeting, and until his or her successor has been duly elected and qualified. Article IV -OFFICERS OF TAE CORPORATION A. Election: Terms of Office. All officers of the corporation shall be elected by the Board of Directors, and their terms of office shall be prescribed by the Board of Directors. Officers shall be elected at the first regular or special meeting of the Board of Directors following each annual membership meeting. Any officer may be removed from office at any time by the Board of Directors. The vote of a simple majority of the Directors present and voting at any regular or special meeting of the Board of Directors shall be sufficient for election or removal of officers to be elected or removed. B. Duties and Responsibilities. The powers, duties and responsibilities of the officers of the corporation shall be as hereafter set forth, unless modified from timo to time by Pesolution of the Board of Directors. 1. The President. The President shall be the chief executive officer of the corporation, and shall 'nave general supervision of the other officers. The CCDE OF EY-LAWS - ~ 10/19/90 President shall p• ide at all meetings of the I~mbers and of the Board of Directors and see that all orders and resolutions of the Board are carried into effect; subject, however, to the right of the Board to delegate to any other officer or officers of the corporation any specific powers, other than those that may be by law conferred only upon the President. The President shall execute in the name of the company all deeds, bonds, mortgages, contracts and other documents authorized by the Board of Directors, except in cases where the execution thereof shall be expressly delegated by the Board to some other officer or agent of the corporation. The President shall have the general powers and duties of supervision and management usually vested in the office of President of corporation. 2. Vice President. A vice president shall perform the duties and exercise the powers of the President in case of the President's illness, disability or temporary absence from the office of the corporation and shall perform such other duties as may from time to time be granted or imposed by the Board of Directors or the President. 3. The Secretary. The secretary shall attend all sessions of the Board and all meeting of Members held at the office of the corporation and act as clerk thereof and record all votes and the minutes of all proceedings in a book to be kept for that purpose. The Secretary shall give, or cause to be given, notice of meetings of the Members and of the Board of Directors when notice is required to be given under these By-Laws or any Resolution of the Board. The Secretary shall have custody of the seal of the corporation and shall affix and attest the seal to all authorized documents requiring a seal and shall in general perform the duties usually incident to the office of secretary, and such further duties as shall from time to time be prescribed by the Board of Directors or the President. 4. The Treasurer. The treasurer shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation, and shall deposit all monies and other valuable effects in the name and to the credit of the corporation in such banks and depositories as may be designated by the Board of Directors. The Treasurer shall disburse the funds of the corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and directors at the regular meetings of the Board, and whenever they may require, accounts of all transactions as treasurer and of the financial condition of the company. The Treasurer shall perform the duties usually incident to the office of the treasurer and such other duties as may be prescribed from time to time by the Board of Directors or the President. The office of Treasurer may be filled by the same person as the person holding the office of Secretary. Article V -PRESSURE IRRIGATION AND SURFACE DRAINAGE FACILITIES A. Facilities To Be Owned. Operated and Maintained By Association. The facilities to be owned, operated and maintained shall comprise the pressure irrigation system and the surface drainage disposal system shown on the official Plats of MISTY MEADOWS SUBDIVISION, and the construction drawings for the said Subdivision, according to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho. The initial subdivision filed for record will be MISTY MEADOWS N0. 1 SUBDIVISION, with additional property to be CODE OF BY-LAWS - 3 10/19/90 annexed to this Corpor3'Cion by filing for record of pla~ and additional Declaration of Pratective Restrictions and Covenants referencing this Corporation. This corporation shall acquire ownership of said facilities from the Developer, and present owner, of said MISTY MEADOWS SUBDIVISIONS, whose Declaration of Protective Restrictions and Covenants reference this Corporation, and shall use, operate, and maintain the same in the following manner and for the following purposes, together with any other manners and purposes, from time to time deemed necessary or desirable by the Board of Directors: 1. This corporation shall maintain all pressure irrigation and surface drainage facilities, including pump house, access road, piping, valves, pumps, wells, electrical pump service, sand/grease drainage separation boxes, seepage beds for drainage, drainage overflow piping, storm drainage piping, manholes, and any other appurtenances for the systems, which are now or may hereafter be lawfully installed upon said Lots, and may add to or modify the same as the Board of Directors shall from time to time deem necessary or desirable for the use and benefit of its Members. This corporation shall also be responsible for scheduling the use of the pressure irrigation system by the members, as the system is not capable of serving all of the lots at one time with irrigation water of adequate pressure. 2. Representatives of the corporation shall have permanent access rights to the portions of all lots in the subdivision required for the purpose of maintaining and operating the pressure irrigation and surface drainage facilities. The representatives of the corporations shall also have the right to excavate over, and in the vicinity of, the facilities for the purposes of maintenance, repair, or improvement of the facilities. Public authorities shall also have access to the facilities .when deemed necessary for maintenance, inspections, observations, testing, or investigations of the facilities. 3. In the event excavation is required for the operation and maintenance of the facilities, representatives of the corporation shall take due care to disturb as small amount of land as possible and replace the soil excavated in a neat and workmanlike manner; however, the lot owner shall be responsible for the replacement of any and all landscape items that may be disturbed or destroyed. 4. This Corporation shall pay all taxes and assessments which may from time to time be levied upon or against the said pressure irrigation and surface drainage facilities. 5. This corporation may establish reasonable Rules and Regulations governing the operation of the pressure irrigation system and surface drainage system and may modify such Rules and Regulations from time to time. A copy of such Rules and Regulations, and all amendments thereto, shall be furnished to each Member promptly upon adoption thereof. Article VI - INSURANCE The corporation shall procure and make payment of premiums upon casualty and other types of insurance covering improvements to said pressure irrigation and surface drainage facilities owned by the corporation, and public liability insurance covering occurrences in, on, and about the areas and facilities owned by the CCDE OF BY-LAWS - 4 10/19/90 corporation, covering s~h risks and in such policy li~s as the Board of Directors shall from time to time deem appropriate. The Board of Directors is expressly authorized to decline to insure certain risks if in the discretion of the Board of Directors the procurement of insurance covering such risks is not economically feasible or practicable for the corporation. Article VII -ASSESSMENTS A. Purpose of Assessments. Members shall be subject to assessment for the purpose of Baying the costs of administration and operation of the corporation, and for the purpose of paying the costs of the services provided by the corporation to its Members. There shall be two types of assessments: (1) Maintenance and Operation Assessments; (2) Tax and Insurance Assessments. B. Maintenance and Operation Assessments. At least annually, the corporation's Board of Directors shall fix a Maintenance and Operation Budget, to provide funds for the payment of the estimated costs of operating and maintenance costs for the corporation's facilities, together with any administrative expenses of the corporation. The budget may be adjusted from time to time as necessary in consideration of actual cost experience. Reasonable reserves for future expenses may be included in the budgets. Each Lot shall be apportioned an equal share of the total annual assessment. The amount of monthly Maintenance and Operation assessment with respect to each Lot shall be 1/12th of the annual Maintenance and Operation assessment for such Lot. The Member or Members who own each Lot on the first day of each calendar month must pay the monthly Maintenance and Operation assessment with respect to such Lot for said calendar month. The Board of Directors, upon vote of the Members, may allow payments quarterly, rather than monthly. C. Tax and Insurance Assessments. Real estate and personal property taxes, and irrigation taxes, assessments, and charges payable by the corporation, and the costs of all casualty and public liability insurance carried by the corporation, shall be apportioned equally among the Lots as billings for such charges are received by the corporation. Tax and Insurance Assessments must be paid prior to the date the corporation is required to make payment of such expenses. The Board of Directors, upon vote of the Members, may allow these payments to be amortized in monthly or quarterly payments, as made for the Maintenance and Operation Assessments. D. Payments of Assessments. Initial Assessments shall be payable at the rate of Ten Dollars ($10.00) per month for each residential lot, beginning at the time the Lot is sold by the original Developer, and payable at such times and intervals as may be designated by the Board of Directors in its notification to Members of the amounts assessed. Any Assessment which shall not have been paid within fifteen (15) days following the due date thereof shall be deemed delinquent. For good cause the Board of Directors may extend the foregoing time limitation. Unpaid assessments constitute a lien upon any Lot or Lots owned by the Member whose assessments are unpaid, and may be enforced by foreclosure as provided in the Articles of Incorporation. In the event any such foreclosure proceeding is required, the corporation shall be entitled to recover its reasonable attorney fees and costs of suit in addition to the amount of the unpaid assessment or assessments. CODE OF BY-LAWS - 5 10/19/90 f • • DATED This day of 1990. CERTIFICATION We certify that the foregoing is a true and correct copy of the Code of By- Laws of MISTY MEADOWS HOMEOWNERS ASSOCIATION, INC. Gary. L. Hunemiller, President Secretary Russell D. Hunemiller, BOARD OF DIRECTORS ATTEST: Corporation Secretary STATE OF IDAHO ) ss County of Ada ) On this day of Notary Public in and for the State Hunemiller and Russell D. Hunemiller, Secretary, respectively, of Misty Mea corporation that executed the foregoing such corporation executed the same. 1990, before me, the undersigned of Idaho, personally appeared Gary L. known to me to be the President and doves Homeowner's Association, Inc. , the instrument and acknowledged to me that IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires CODE OF BY-LAWS - 6 10/19/90 i~llrllr ~~~ 1 4 I j I ~ _o v,o o. .o v i r' ~' o: I o'. r r I ~ . i .. ...~._. r _ ..... .mss.-M~ .: -- ~--~ -=' l- Sy V .. ~ .-r.-_.~ li 17j r' I~ ~"~i ijllrii}jj~' I iti4 ~m~~ _ ~ ' j ~ m9 !' ~ I• ! I''il Ij?~j ~I~:Ij j imni fi;' +YlYiiti~ , :I:r'"2 Il~ i f~ ~ l i ~~lli 117 i ; h +i;; I I %~ Iq~, ~ l I1 ~ ~ ~ •1 .I lii4 ~" C a R i HUB OFTREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN ralerk CEIGASS T l CITY OF MERIDIAN RJO EABERT MVERSA , r e su JAN BRUCE D. STUART, Water Works Supt. ROBERT GIESLER W AVNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MA%VERRINGTON EARL W ARO, weals water swl. IDAHO 83642 MERIDIAN KENNY BOWERS, Flre CKlel , CKalrman Zoning & Plenninp HILL GORDON, Police CKlef Phone888-4433 JIM JOHNSON GARY SMITH, Coy Engineer GRANT P. KINGSFORD Mayor July 13, 1990 MAYOR COUNCIL MEMBERS ATTACHID IS A REVISID PRELIb'IINAARY PLAT ON MISTP MEADOWS SHOWING THEE ACCESS EASI2~fAT TO HAL HATCH PROPERTY AND THE REVISID SIZES AS REQUESTID BY THE P & Z OF THE IIYPS AIANG THE SOUTH LINE: THERE SKIS TO BE ONE PROBLEM I,CJT # 1 IS NOT THE REQUFSTID 7500 SQUARE FEED AND IfJTS $10„11, 12,& 13 are not 7500 SQUARE FEET: ALSO TfiINK AiANG WITH THE CITY INGINEER THAT THEY SHOULD BE REQUIRID ~ PAVE & PUT SIDEWALKS ON THE STUB STREET' TO HATCH P1~PERT1', OTHERWISE IT COUiD END UP BEING A WIC PATCH: JACK NIIIyIANN CITY CLERK ENGINEERING BRIGGS ~ N C. Pdovernbzr 19, 1990 Mr Jack Niemann City of Meridian 33 East Idaho Ave. Meridian, Idaha 83642 Re: Misty Meadows Na. 1 Subdivisions Final Plat Signatures Dear Jack; Enclosed herev/ith is the original Sheet 2 of the P/listy Meadows No. 1 Subdivision plat for signature by you and the City Engineer. Also enclosed are two sets of Sheet 1 and Sheet 2 of the said plat. Upon recording of the plat with the Ada County Recorder, we will furnish you with additional prints and the recording data for the plat. Mr. Gary Hunemiller has consulted with the Fire Chief, and constructed a temporary access from NW 8th Street as requested. We believe all conditions have been met, except for the Record Drawings for the water and sewer, which will be_done as soon as submitted to us. - _ _- As Mr. Hunemiller is anxious to record the plat, your early consideration would be a~ipreciated. Thank you. Yours truly, BRIGGS ENGINEERING, inc. ..`f~ '' `~''~iv~- Wllllam W. Briggs, PE/LS WWB:wb Copy: Gary L. Hunemiller 11 11 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 Fax# (208) 345-2950 CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888.4433 ~ustolner's ~I~ pate ~~ - ~.j 1 V~UCI IV V. Vame Address CNSI, i - r~ f. G L CHARGE ' Phone 0~' ACCI !.^USI RI ID AID Q11T /G ' I I I ~e ~e~- ~ , lti. I I o~: I I I I I I I l I I I I I I I All calms and relu rnetl ROOFS MU51 be acc mpa nleC by Ifl~s bell. TAX 0 0 8 5 7 9 By~eived TOTAL 0~ ~i p ~_JG~LtnR~`~uu, PLaT PLaT COPY SURVEY I\STRU"L=?~T \0. -I V O ~dq BOOR~Ll~-PAGE ~7t..)IU THRU I SURVEY I:O._ ~~*1. OF SURVEY SURFETOR SL'3DIP Oid~EP.S :~T TEE REQUEST CO""~~ ~ S 9066009 ~. fOR~ ~9Q/12QQJ'1/ZQ 'SO CEC `I ~m i0 33 / Jar, c ~•;;,~, ~cc. ~,=~ t~~ SURVEY PLAT IrSTRUMEnT 10. y~~cp~0~ SURVEY N0. 1A:~fE OF SURVEY PLAT COPY BOOK~~PAGE ,'SG 7G THRU_ ,'S~~p ~ z _ SURVEYOR SL'BDZVISI01 \AJfE OF'?~ERS ~ ~. C n ~[,f~./1/j111t~ r AT THE REQUEST OF .,1 ,52!2 -":~- ~ RECOR~~~~r; gy /~ ~ '91 AUG 2i Aid 8 58 • ENTRAL DISTRICT HEALTH DEPARTM~T ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # _ Fagle Conditional Use # vMeridian Preliminar~Short Plat Kung / /~(jT'Y MPc/1-t10 N/S SdL ~i /r s i o.~ r- _ ACZ G. ~ . ~{v~,rn ((1..~ ~ 1. _ We have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. _ Specific Imowledge as to the exact type of use must be provided before we can ccxnrent on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can camient. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can cament 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 can approve this proposal for: ~ Central sewage _Interim sewage Individual sewage _ Camn<urity sewage system and Central water Individual water _ Community water well. 8. v Plans for Central sewage Camnuuty sewage systan Sewage dry lines, and `'Central water Camunity water must be suhrdtted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. `~ Street runoff is not to create a mrzsquito breeding problem. 10. _ This department would reccmirend deferral until high s~sonal ground water can be determined 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 sutmitted fora plan review for any (food establishment)(beverage establistment)(swirrming pools or spas)(grocery store). 13. 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L~ -ydyi H rs yz M M".$¢ r ro ~ r ~ Z ~q C N rmt ~ ''3 ~ K e y ~ ~ z D H n K t y ro ~ H ~ jr2°Si my ~ q r- ~ ~ Q [rT~ H C' ,Oil -~ ~ ~ ~ `N° ri a ~ ~ w .. ~ ~n ro ~ m o~~° ~ ~ y ~, ~ g y ~ -~ ~~ ~ ~ °~ ny ~ N rt O~ rr 7 w r• K ~' n N W K ~ ~ rt r 7 ~ 4 ~ ~ ~ pryy y~y y~y q ski! ~ ~ ~ ~ ~ ~ ~ ~ ay ~ ~ ~ a ~' ~ ~ r 7 ~ 7 7 K F~1 GR ~ r K O ~,y ~y ROy ro 77 (~1 O ~r :7 ~ ~ ~ ^ 01 r ~ rS O n 7 I~p K W N ~ rNt G~ W 7 ~ ~ " ~ ? g ~ o ~ "~ R H R = M K N ~~ n cmp K r ° ~ r* ~y' ~ ~ ~ v R~ v m Rp n R p. r 9 f0 F+ 7 ~ ;~ '~S R r Q+ ~ e. n ~ m q ~ ~rov ~ ~ r ~ rt r N 2 f.- Q' ~O H C1 L ~ N A ~ C rij l0 '3 H W~ r R r Ql 7 O H C'i m o a ~ rr r p ~ ~ K n ~ A `~ ro 'ro H m p ~ n C7 ~ 7 tiJ H A y z ~ O C H b ~ r, c ~ r m ~o m ~ n y o p ~ r G1 y ~ 't ~ W ro O W ~ ~ of :U O A ~ A' yC n f'r b W 'Z 7 H H ~ •~ C '[ p, H K Wk x y~py~ ~. y > ~ O n ~rpy y S pR fC t' L~ Ny H ~ '~ O fGD ~ ICn ~ Y' H N ^ ~r rt y ., .o r• n ~ m v£i ~ o ~ r x o ~. ~ c g ro t ~' ~ '_' m ro $, H r ~ ~ ~ ~ °~ ~ n ~ y ~ ~ ~ z ~ ~r ~ z z N ~~ r ..~H a no ~w o B.~ ~ ~ g H •• ~"~ K ~ R .~ o °~ ~ ~ ~~ ~~_~~iiiiii~iiiiiiL]irpi~i~1i 3 ppp,,, y n py, iD iD w ~i ~ 6 f" ro~~ ~ c ~ n~ ~ W ~ r w K Mr n A ~ ~~ K. 7. O nN fD r r 7 7 7 ~ ~ ~ N ~~ y ". m a ~ ~ n na m ~~ K ~ ~ ~ ~ ~ ~ ~ `~~ r. f. n y~ cr ~ x p~ N ~ O [] RR O r O t0 7 N• ~ ~ O K ~ ,".' ~ ~ a n ~ O r K ro rr rHrtt n E re r. F, ~r InD O ''4 T 'aG w d A K n Oo A 3 ~ ~ K ~ Npp W~y n r P N R+ ~ K O = 7 ~ ''4 K ~y N ~ ~ Q+ 7 Y• W R ,~a c ~• ~, m ~ ro ro ~ ~ P ~~ ~ a ~ m o a ~ rr ~ ro ~~ ~ ~ ~ ~ n 'J `~ O 7 A K a ~ -a- yv ~ o ^p~H I ~~ K d f]R9 kA WK CO ,~pR n ~ . ~• n ~~ N m R d O R O H x H b7 trJ H ~ Gf ~ ~ ~ rt g y ~ ~ r 8 y ~ ~ ~ e 4 ~ry ~g~p (gyp M ~G 7 7 '+. N d ID ° ~ nz x ~pQ~ k r ~ W t~fJ C 5 'C O H ~' m m ~ z .xc ~' cn ro R ~,",~ r ^w~ z~,~ [r N l0 H P ~ H O V: CA O J ro (~ ~~ z O H ['~ ~ ~ `~ z ~ ~ H 'sJ ro ~ o °c c ~ o o x z rn C G1 r C io ~ ~ H O A S M a d p~ L j +_, r x C z H r CJ O z H ~7 H z r ro H H g 0 H N m r 0 r~ u, ~_, M My Z H r W d W R 7 d S~DIVISION EVALUATION SET Proposed Development Name MISTY MEADOWS SUB City MERIDIAN Date Reviewed 10/11/90 Preliminary Stage XXXX Final Engineer/Developer BRIGGS ENGR./ALICE CULVER Date Sent The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. MISTY MEADOWS SUBDIVISION X. Date The Street name comments Iisted below are made 6y the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existinP street names shall appear on the plat as: "W. KINGSWDOD COURT" "N.W. 11TH AVENUE" "N.W. 10TH PLACE" "N.W. 9TN PLACE" "N.W. 8TH STREET" "W. NEWPORT STREET" "W. NEWPORT COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to 6e officially approve' ADA COUNTY STREET NAME COMMITTEE: Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor f~? ~-1~1.~ / /t n~ _Zoc~j Fire Dept. Representative iSIGNEES ///L~ /~ 9~ ~L~~ LGI.C NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS ~~7 t+T avvt:> v it~ ~i ~/v5 v E,r,PL/1i~/e~ ~~/"~ jd//~9~7 ~ ~ H N n h7 W ~ G7 H A 4 4 ro~~ ~~~~~~~~~~~~~~~~~~ ~~~~g~~~~ •~ ~ °' ~ m i a~ o °• °' b E m m ~ m~ ~ ~ rt m m~~ o rt ~ ~ ~ w ~ yr ~ ~ ~ ~ o ~ ~• ~ w n~ ~ ~ S~ 5 ~ ;v ~ u m o a `fi'r n n °~ rt w x~~~ ~ ~~~ n a 3 o n~ n ~• ~ "C ~ ~ ro_ n N rnr E M r w fl' o r ~' S ~. m~ K ~ m ~ rt o w ~• w ~n `~ a o m rt n rt n ~ r d w r rt r• n n (0 fD w w rt rt w W W ~• r r m w m ~ r~r O O~ 7 ~ ~i rnr q n ~ ~ a. ° N Sys rw- pg~p 4 N F"rJ+• fA K y ~ v h7 (7 £ 9 t~+• r ~ :Y Z a+ iiDD F+ r r z ~~. ~ a ro ~ ~ ~3 H c rar ro rt w ~ °z r w o a ~ rt ~ ~' ~ ~ o'~ 'Y K ~ N ~ ~ ~ ~b ~ ~ "C H O ~gg~ ~ ~ ~ ~ n ~ ro z C ~ d d m ,~ °z ~' o ~ ~ H C G~ r C ~o r m ~ ~ y 0 r 0 d (~ rt a~ co Z ° ~ ~ "] ~ o ~ ~" 'K x ro v z , m n cn x ~ ~ r ?• ~ N d ~ '~ ~r ~~ tx ° ~ r n y A ~ O H b ~ S ~ m• ~ ~ ~ ~ r n 7y ~ r C ~ 'ti C x n' C yr ~ m ~ r y ' ~ ~ ~ ~ ~ t~ n ~ t x r ~ y , , } f ' fi j r t'• r ~' ~' d ~` ~ .I ~ O ~ •i O V~ y ~ ~ y N K y P •• ppp ,,, ~ ~ I ~ EyGINEER/NG BRIGGS INC. Mr. Jack Niemann City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 October 17, 1990 Re: Misty Meadows No. 1 Subdivisions Final Plat Submission Dear Jack; Enclosed herewith are the exhibits for the processing of the final plat of Misty Meadows No. 1 Subdivision, as follows: • Application form • 27 copies of Sheet 1 of the final plat • 3 copies of Sheet 2 of the final plat • 10 copies of the 300 scale of the plat • Proof of ownership documents • Developer's check for the fee I have submitted two sets of prints of the sewer and water designs to Mr. Gary Smith, City Engineer, for his review and will provide the five final sets upon completion of his review. The final plat of the subdivision conforms to all of the requirements of the preliminary approval previously given by the City, including a minimum lot size of 7, 500 square feet for all lots along the southerly boundary. 1'o the best of our knowledge, the subdivision conforms to a.ll requirements of the City ordinances and with acceptable engineering and surveying practices and local standards. Please assign the plat for City Council review as early as the schedule will allow. Thank you. ~/.¢~~ ,/~/moo ~<y~~~,~j~d ~ rte- 7~1~t~0 ~~'~S d~~cv~°/ze.,~5~ Gam' W WB: wb Copy: Gary L. Hunemiller Yours truly, BRIGGS ENGINEERING, Inc. William W. Briggs, PE/ 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 Fax# (208) 345-2950 • REQUEST FOR SUBDIVISION APPAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regulaz meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the momh the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexatan rai Subdvision, MsN Meadavs No 1 S~+~~ion 2. General bcation, Approxinat6ly 1/4 mde north of Chenv Lane on west side 3. Owners of record, G L Hunemier rn~n, ~ Inc Address 3955 Ar~xvwi ~ Ave Boise Idaho ,Zip 63709 Telephone 362-9122 4. Appicant, Bartle Address, 5. Ettgiteer, Wiam W eriaas Fire BRIGGSSENGINEEPoNCInc Address 1111 S Orchard Suite 600 Boise Idaho ZQ 83705 Teleploene 345-2881 6. Name and address to receive CAy biNings: Name G L Htmerniler Ca>stn>Gtion Inc. Address 3955 Argonaut Ave Boise Idaho Zp 83709 Telephone 362-9122 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1 . Acres 646 2. Number of lots 29 3. Lots per acre 4.49 4. Density per acre 4.49 5. Zoning classification(s) R$ 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification WA 7. Does the plat border a poter>tial Been beh No 8. Have recreational easemerNS been provided far No 9. Are there proposed recreational amenities to the City No 10. Arethere proposed dedicatiorr, of cornrrron areas? No Forfiifireparks? No (1) REQUEST FOR PRELIMINARY PLAT: Planning and Zoning Commission continued Page 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 1 1. What school(s) service the area Meridian District , do you propose any agreements for future school skes No , E~knin 12. Other proposed amenkies to the City No Water Supply Merlon Fre Departrnent Meridian . Otlter , E>~ 13. Type of Building (Resider>bal, Comrnerdal, Industrial or combination), Residen6~ 14. Type of Dwelling(s) Single famiy, Dt411exes, Mukiplexes, other 15. Proposed development features: a Mininum square footage of bt(s), b. Minimum square footage of structure(s), c. Are garages provided for, Yes square footage 400 d. Are other covangs provided for No e. Landscaping has been provided for No , Desabe f. Trees wiN be provided for Front[ Yard , Trees w~ be mar~ained Home Owner g • Spmlder systems are provided for h. Arethese mt/tiple unks No ,Type i. Are there special set bads requiemerrts Yes , F_~lain On Cede-sac lots j. Has off sheet parking been provided for Yes , E~lain Double Aiveways k. Value range of property $65.000 to $90.000 I. Type d fraicixd for devebprrrent Privaze and Bank m. Prdecuve covenarxs were submitted Yes ,Date With Apdica6pn 16. Does the proposal land lock other property No Does tt create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five {5) feet in width. 2. Proposed use is in conformance wtth the City of Meridian Comprehensive Plan. (2) iU1CNASE AND SALE AGREEMENT AND RECEWT FOiI EARNEST MONEY lYw lmM to NlmN Dln.YerN.m+me orM pe0etlM AeeNp0on aReulDPS1 ., oNMNOp•nY PxpcnNUEy MIOneh/rbplY~MdnmlbnN rNmN4N). 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NrluCNPIbIrU Y.) - n i e. f1EY198PECFM:ALLY NCLIpED MT•S SALE IHFlV./VA MxNHg4edpnlex llmn tll•Nr•vrw •iOe): q 6. pEM38PECFICALLY BIICLWEDNMSeAtE.__NQn.~ q B. CO{T8 PAIp BY: Cxle NeXXXbn IoMweY4•p Mbm meYM pqunW DY BHYm •M SNm.lblxe Nndwi0e Ype W MrW.NNOyMIW bylxPrpuY•EpyMgN. BrrYm eMY purN•N 9WnLnewN ettdnl X ben eeeumplbn. Nr ^Yee L'lnb. PrNM•eM•E+ImNN CUerep•TIIp PONryrNWI•p. ARpilbnN NMUm InD SNF Y) eia. N v nywnN N mnom d dnwlee eptN Mr•b. IM Mlw Cul• wiE M Nlp N MMI•E. nq/CNm7 UeaaN/d ObnHO Lang Term LwIWd CND LNy, YIeU PunlpaMNCa CaM IneNDL Oaaemm A InIY E PW BY AaP•XN AgmnDl Hupecl. SpN pr4NWap Prp. F ~ Blf•P• IpRll a w• YR YX N iLLfl 61 ' NMI NLLYLY •a A Irue eopr of M• lorepoinp eoreem•nt elpnee Dy ms Seler ene conbinino lM luii ene compieu Np•i OseaiDnOn pl tM pnml•e•, 4 Muey rxeive on Ims n CNIdNrgwdceu rN•Ire nM lp eecNO{ )~A- .decWnl pdmem MpeMNepree0mwxp N490. SELLER LNErERSTA/OS m ,. fM/N.n.urtp/enycHyaewnryNNeelim•rENAYBFRE0UnE0IOMAlffREpApSrolMpapsrryNaWrroedryyMMM•MUeNpOpp. NtEtyEq OR/pIA m SAIEIG LPrWLE1E0 L!L`ER IIpS AOREEayENY m ). POSSESBN)N.Bwet NmxMxMmolopaxmsian on ocw•bp Oane, "CMir,p`memelM alexMYrmNJxumenu ve eXnw recmNpp•CaeplNDymelnx epmneMlM Nls procsN•enenilabNlpBMx.TNUaMxlw ueNMxmebeYglM pN axNNeumeenrNlu• er DeW),rNl•,NNrence p/mMxr•. Nlerael mErNSrven pre Yens. xeumbxcsedppNNlipne xewnN eM WBllise WNMno~nlNNd m Buyer eMN NY IOr Iul N lenh, emaun110 pe NlemYnN DY IM Nppfw el $eYY• enpaN• B. CLO{WO.On n Ide IM abtlnp Nm. Buyer enp Seller Nell Nppeil wlln Ins dOainp epanl ell IunOa enP NelrumNle eKxe•ry Ip pdnppN IM uls. TM m cMMOeI•WYMN41ertMn Oals~9s p_I S.On • p. AttEprApeE. ex«. on« ie m.e..,,M.n m me eee.pl.nce N sen.r en pr Mld. n'op o'awH mmdpm or a_t 9_9^ n sNer pp.e n NI¢uDllNxpeelMnlrllMnlM lime epecllisU.IM entire Eemsel MpneY NNIDS reIUMNIp Buyerenpemsn0.5•Ilefe counlx pnerlMxy)Nxusupjed lplM p xcpleM•NBUyeru de4d•14:00 o'dxn mbnipnr el 'Y-1'1-9D TNEniP TIE ESBENCE OE INS ALNEEMEHT. m Xl BPMTANT-AGENCY DI{CLOBURE. AIIM IImea4pNp tNe eprxmNl Me epxlwmHNp MM IM OUyer repr•••nIN $ollar N eM lM epmn wpNNp NIn IM Unw repemnle0_SQ11BT .feM pNYelpnlrp lMe EpcumenlCmRmelMl plu n4len yecbeun m ol•pmn, ~ WupruWe,l lonYn/Mr NMIe Innudlon. Eean DeMloMplrN•enionnee reaa.MxpersleMeXroculanmalM epmxyb•cbeWe40arwepre4mr4y er ~~ ~~ N LNnrq Ayer y: PArkarea RnalY31 $eXirp ANncY: PArkgr •A Rg~lf~ Y Br: ~T^ PMN: sS;_~t near: -tnp.k DryhrAaTA •.. 7 :pMr.flSi_1999 ~ ro : B„«' i} CAF=r'sLr. B.Y.:.Aear..: P o e~iyt r, . Buyer: BuYerl plpne: ReeManca pSl-i7tl BueMx ~;a.'~,~ ,t OnMNO4e.l/We MrNYeppaw enO ecup:IM eele eerlMninlM eDOVS eprsemenl enE epru re carry put e111na rermelMreerxlM p•ndIM bNNreM IM n r MMenynee lunnw eprNela peyerolel Drekerepe lee pl-~D~ (39) Io lne eDOre MmM&NMe)Id eeMGae &dureN IN ~ N peW N core unpn dnmWx eprse0 N •rninp. ~ vwe n,.,; 1 nmu em ebn•e Dr eem peniee ~ ~ • ~ ' i L// /!O k Sever: -y~'/ r pe ~-/L'- Ftssne,eAaareea: IC1? /4 ~-'-~ ~' Ti/ !T q ` B•p.r: Sv Mle~ scree.. Pnox-R..p.me FIf F'sc<4awywes ,e Nv or p_. enter. eer•.: M ppOVIB10N5 CONIAMEOON THE pEVERSE SIDE OF )MS ptGE SXPLI AL50 LrINStITUTF 1'ARi pi TIE A sRFEMENi M iNE PARi1E5 EALN OF iNE pA0tIE5 ACNn'OMM1 EDGES pEApWG MSyAREE4ENi NFVLL Bpnr. pXia sal«..»,~I„____ BOOKEWS COPY .. ,• ef., .... In relerencp to Purchase Agreement antl Deposit Receipt between ........ Clatter A. Culver or assigns r -._,. • ......:.................................................... .....................................the Purchaser, Renry Noteboom and ................................................................................................................. .......................................................................................................... ~ the Seller dated . '?arch 10, 1990 and July 26, 1990 „ coderlnp the real property cemmonty known as Mlaty Meadows Subdivision or metes and bounds legal, attached. .............................................. Copies of original Earnest Money Agreement plus addendum ; 1 and ; 2, are hereby attached and made a part~o£ t(iis~~agreeieent. the undersignetl Purchaser and Seller hereby agree to the following: ~/ ,,,halter„A., Culver .agrees to assign his interest and position in sAid ..................................................... . ~ 3arnest Money Agreement to G:i L Enterprizea,comprized of Gary L. 6 Lorrair ' Runnemiller ~~an~~~ltiiisell~~lY~ ~-5rid~~fia"ren ~Hurinel6iIleY"Par°ttre°following-~~~-~ .... canside;ati¢na ............................................................................................... ................................... _,_.G.,.L.. Hntexprizes agrees to reimburse all fees, expenses and Harnest Money that have been spent or incurred on the preliminary ~Subilvision "~?la'tt'tlT`Misty~~Meadows-:-9iils-and~~orcancelcd~obe¢ks.-to..be..~resented... ' .... at closinQt ........:....... .. ..~ •°°8a0~.OB°per °lot-to-be-secured by lien releases .oS..asigned..aq=eemP..f1t.. approved by Pioneer Title, Cole Office and payable tQ Nalt Culver upon release of each lot. ~ - An.Bxclusive listing agreement with Alice Culver, Packer`s Realty, setting up an exclusive right to set the Misty Meadowne Subdivison'lots ••~~~and~~an ~~3xclvsive~ ~geney~ ~ xigbt~ ~~to ~ ~aell~~any~-Mme..bniidt.by...ibe..8nmaeali.xler' s E i. .fora 38 (three)_ commi.asiotr. G i L Enterprizes guarantees said price of r ......__ ..................................... ..... homes to remain the same whether sold by realtAr or sold by builder. i '"'8y(afaple':""PY1Ce"'of ~~hCyme"not-to-be°~increased~-if~-a-Aeal~tor~~as..involared. ,,..,. in, the sale. AJ,;,.9gmes are to be_listed with Multiple :.fisting Service from beginning of construction until days after completietion. ................................... ......'l'his..liskigg.,agz'.eCme;r,t„to_be ,iq,full force and effect until the entire ,subdivision is built out and sold. ' . ....................................... _..._ _._........_..G_i..b..Bnk~Fp.Xlz.BS................................ .. .. .................................................... ' ALICR A. CQLVER. GARY L. NUNNEMILLER" ...................................................:.......................................................................... .................................................. TER. A. CIILVER RdSSELL D. 7DNNEMILLER The herein agreement, upon its execution by both parties, is herewillt made an integral part of the afore mentisnerl Agreement of Sale. DAZED :......................... TIME......................... MiEO:.....,.... _.........,... 11ME~.........:.,. ~. .:..... _.... ... _....... __.......... Purzluscr .__...._ ..........__ .. .... _ .... ......... SNkr ._. _.. . _... ........................... seMr J_wertss_....._....; ....__.._. _.__. _.. _. .. nw.m w.n... '~' REAL ESTATE PURGE AND SALE AGREEMENT AND RECEI~OR EARNEST MONEY a"~1~" - (Thla form to be used ONLY by membere o/ fM Nenonel Meoc4lbn of REALTORS) -~~ ~ ' Thle contract ellpuletea the terms of sale of the property. Reed cerelully belore algnlnp(including lnlormatlon on reverse side). This lealegellybindinq contraa.IF VOU NAPE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SHINING. - T.Tt949e . Idaho 3-10 tg 90 Hal#c±r A_ Culver ar Assicjns (hereinafter called "Buyer") agrees to purchase, end the undersigned Seller enreea to Bell the Iollowinp described reel estate hereinafter relerred to ae "premieee" commonly known ae Zo~7 $ atjy $t coy of Meridian county of Add ,Idaho legally deaaibed ae: jrBfi~-~+flgi~ ~ftwlCh6d (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TOE%EClJT10N BY SELLER. Buyer hereby authorizes broker to in6erl over hie signature the correct lapel description of the premieee II unavailable al the time of signing, a to corcect the lapel description previously entered II erroneous a Incomplete.) EARNEST MONEY. - (e) Buyer hereby depoelta ae earnest money end a receipt ie hereby acknowledged of - OIle Thousand Dollars Odlsn (S ~-) evidenced by:OCeelDppereonal Check ^Caehiers Check ^ Note Due ^or (b) Earnest Money to be deposited in truer account upon ecceplance by ell pontes and shell be held by (jCiellnq Broker ^Sellinq Broker ^Other - fa the benefit of the parties hereto, and ~}66-,~i3A C1i19®r (Broker) , Mall hold the completely executed broker's copy of this agreement and le responsible for the clueing. (c) Il ee condltlons have been met bysuyer, Buysr arM Seller agree that the aerosol money(Ieeneredltrsport lsea. erM any omar Buyer's cosls)ahellbe relunded to BUyar Mt. the swot the Ilnencin9 contemplstad herein by Buyer le not oblalneble. (d) TM genies spree that P ~ nnPer 7111e Company shall prwlde said title policy and preliminary report of cammiNSm end the "closing' agent"for tMa treneaclion ahsll be-jlja>nC~83i310jY .Ifelonp•lerm escrow/collection le bvohred, then the escrow hoWx shall bs a' s n T's-'e ,. n~..t ..P c 77 Yoh . , 1. TOTAL PURCHASE PRICE IS Hee--BTT~Ei~'ettrTTTCUSand DOLLARS (313(1 a 000 _ OO ~ ) IyeYebN N lollowa: _ a. S SR8 ].ILTDF.DTD[TM Caeh down, including above Eerneet Money (CbainO coats ere edAitionep. b. S SEE ADDErIDOM Balance o/the purcheee price (M.LP. not Included). ` - 2. FINANCING. This agreement is contingent upon Buyer qualifylnq loc ' ' ^FHA ^ VA ^Convenllonal ^IHA. purcheee loan balance ee noted ebwa fa a penotl of years at %per annum. (N FHA aVA ban is aough6 read IM eppllcable prwisione on Ihs reverse eIW barest.) Buyer shell pay no more then points glue orlplnation lee If soy. seler to pay only the Oiscoum points nocsesary in order to obtain above described Mancinq but not to exceed _%. - ' ~ ~ - ^Buyer to ASSUME and ^ will ^will not be required to queliry loran EXISTING LOAN(S) of approximately S et no mare then _%wilh rrtanlNY payments of approximatelyS P^I^T^Ip. This agreement^ie^ie not contingent upon Lender releasing Seger'a liability. Type of loan .Buyer shell apply for such loan a easumption within Three (S) Wanking days eRa Selle('s acceptance of Ihie apreempnl. OTFfR FINANCING, TERMS 8 CONDITIONS: _ 3. THIS AGREEMENT ^4 pia not CONTINGENT upon Bale and clueing of - on a bolas Ilaled with ' (n • conllrpency le noted please reed applicable conditions In Paragraph p 15 on rewr9e aide. NOTE: Any waiver by the Buyer antler this section wig be a waiver of ALL contingenclea, including rlnancingJ 4. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (II FHA/VA Ilnancinp le sought sea Item p 14 on reverse aide): -~FE~s}itiGA Pz•m1 ^ t j n vPl 7 6. ITEMS SPECIFICALLY E%CLUDED IN THIS 9ALE: ?jeaEe B. COSTS PAID BY: Coate in addition to those listed below may be Incurred by Buyer end Seller. Unless otherwise agreed herein,a proylded by lewarequired by lender, Buysr shall purchase Seller's reserve account II loan eeeumption. ^Yee 17 No. Pureheeer'a Erlend.d Crw.r.n. nn. o..u...........__._~ ..~:.:___: ____:.._ _ _..... - _ _ _.._.._~___.__...__..._.._. ,,. _...._... r...., ,,r II rep sled 6y lender a otherwise elated herein, the below costa will be paid ee Indicated. .age llemwl/ell reverse area. Costs Loan Ciry)Caunry Contract and/a Closlrlg Well Pump/Inspect Code inspect Document Agent's Lonp Term Lends a Escrow Cade - PaM By Appraisal AssumpL Inspect. SepOC II required Prep. Fee Fees fbpaka BAYER we 7LX XX SEVER SMBRE EBUALEY - z a 4 6 e r e 0 w n rz m H 16 to n to m a0 sr zz 2a 24 n 2• 21 2a ?o a0 ar 33 a6 M 3T sa w '. xo u Ia a ~~ re N 0 N xo e0 61 62 war yr renver or cove repmre not mexceed S -3{}1, . Dlacounl points to be paid as agreed online 2g and 30. SELLER UNDERSTANDS fhefeaereevltoreny cifywcounryinspdcfiona NEMAYBEREOUIREDTOMAKEREPAIRSf lh es o epropertyln orderfo compty w)/h fhehoueMpaoda N7EThERORNOTA SALE IS COMPLETED UNDER THIS AGREEMENT w . 7. POSSESSION. Buyer shall be entitled to poeaeeaion onjrl clueing ^ other . "Closing" means the date on which all documents ere either rscadetlaeccepled by an escrow agent end the ilEle proceeds ere available to Seller. Taxes and water eseesemenls(using the lest evallabls aeae t - re 6e semen ees bpele), rents, insaance premiums, interest antl reserves on liana, encumbrances or obllpeliona aaeumed and utilities shell De prorated as of eT se .Buyer shell pay for lust in lank, amount to be determined Dy the supplier el Seller's expense. B. CLOSING. On or afore the cloalnn data, Buyer end Seller shall deposit with the closing agent ell lunch end Inslrumanls peceasery to gomplele the sale The 6a eo . cloain9 tlele shell be no later than 0ara10x90 R T S G fl B. ACCEPTANCE. Buyer's oiler ie made aublecl to the acceptance of Seller on or belore 12:00 o crock midnight al 3-7 9-90 ~ II saner does 01 e2 . , not accept thlsapreemenl wlthintM time epecllied, the entire Eameel MOnay shell be relunded to Buyer on demand.Seller's couma otter (Sarry)ie made suhlect lolM ~ ea acceptance of Buyer on or before 12:00 o'clock midnight of 3-], 3-sQ ^. TIME IS OF THE ESSENCE OF THIS AITREEMENT. a 10. IMPORTANT-AGENCY DISCLOSURE. At IDs time of signing this agreement the agent working with the buyer represented ~gl] @X ~ , and the agent waking with the aella repreaenlad Geller ,Eech party sinning this document conlirme that prior written disclosure olepency waaprwided to hhn/her in thletreneactlon. Eech penyto lhietreneaction hea read end underetantla the content f th di ea ee s o e agancy ecbeurs brochure previousy received. er LlslinO Agency: Packer e>r RPalt e ~ :~~~•~~ - ~ ~ ~T Selling ApencY: Packer a 7treal V M BY. Phone: .. .. R~3-97II2BY: hack PritC.,,b~'d r~r PhaneR 53-7777 / ~ ~ w rp ,J ... f 8uya' ~-G~b~L Buyer's Addreea: _P O jjpsr 8971 n Buys' Buyer's Phone: Reaitlence RSA-Q767 Business RS4-9997 Y2 On thla 091s, I / We hereby approve and accept the sale set lonh in Ihs above agreement and agree to carry out ell the terms Ihereol on the part of the Seller and IDs Ts urWarsipned further sprees to pay a total Wrokerane lee of -~8$ Eye) to the ebwa nametl Broker(s) to ssMue. Brokerage tae will be geld in ceeh unless otherwise agreed In writing Ta . I/ We lu.I; r nowledpe recelp(~ Irnsreop of lhle~ en1 eignetl by bum parties. ~ ~ L ra Sanar:~t~ i f~~l(f bete: ~;'~//~1-~yL S l ' ~ 1 7 L/~ T ~ ! am rs el er s Atldreea: L ! ~ / j ,((~s ~-L~~ V~ seller: - ~, Dale: Seller's Phone: Residence ~~,~' 1 CS~~- Bueineas re A true copy of Ina foregoing agreement, signed by the Seller end conteinin0 the lull and complete legal description of the premieee, is hereby received on this re a dsY Of , 18 Baler: Buyer: eo THE PROV1910NS CONTAINED ON THE REVERSE SIDE OF THIS PAGE SHALL ALSO CONSTITUTE PART OF THE AGREEMENT OF T1tE PARTIES. EACH OF THE PARTIES ACKNOWLEDGES READING THIS AGREEMENT IN FULL. er ex Bayer'akdtul BROKER'S COPY Seller's Initial ~ ___ _. oe ~. a .. ..... °' _. ~, i;.. ~i.. In relerence to Purchase Agreement and Deposit Receipt between ............ , A. Culver or assigns ............... .......................................................................................................the Purchaser, and . , , , , • , IIenry *ioteboom ..........................................................................:................................the Seller, dated ,March ,10, 1990 and July 26, 1990 ,covering the real propeAy commonly known as ..................................... Misty Meadows Subdivision or mAtes and bounds 1e3a1, attached. Copies of original Earnest Money Agreement plus addendum # 1 and # 2, are hereby attached and made apart of ~ •t)iis• •acjreeaient. the undersigned Purchaser and Seller hereby agree to the following: ,,,Walter A. Culver agrees to assign his interest and position in said Earnest Mersey Agreement to Garr L Enterprizes,comprized of Gary L. 6 Lorrai • Flunnemller •~and ltussell'~1~':" aii3"YCa"ren'7iunn'eir5'i'li~Y"Ttlr••tho°f-o23owin .... cansidex'at.i.an ::..................................................... ,. G.._T,. Enter~rizes agrees to reimburse all fees, expenses and Earnest. ....................................................................:.. . Money that have .been spent or incurred on the preliminary Subdivision ""'Plae~:'dr"Mil;tY"Meadows~ 8i11s -and-or• eaneel'ecl••ohecks••to••be...present>ad... at closing. •••°$yt0(tc08••per°Sot-to-be~~secured~ by• 1-ion -releases..or..a.signed..agreemP..tit;,, approved by Pioneer Title, Cole Office and•payable tp Walt Culver upon ..............................................................:..... release of each lot. •-•••••••"""""'•"°•°•••°••••• ................................................................................ ,•,,,An,•Lxclusive listing agreement with Alice Culver, Packer's Realty, ..................................................... setting up an exclusive Yight to set the Misty Meadowns Subdivision lots .....an3••an••Mxclvsive*-~gencY:.rrght...to •sell•-•ar~y.-home..boil.dt.hy..,tlze..ltt7lutt~~ler's -fora 38 (three) commission. G >r L Enterprizes guarantees said price of- .. . owes to remain the same whether sold by realtor or sold by builder. "'-'EYC~ingil~'c-"'PY-iCe..asf. homu•no•C'~to..be...increased••-iF..a..Realt©r•••is.•involved. ......... ................ in thesale. ...................................................................... ..... ~.~.~..4Rmes;• are to be listed with Multiple Listing Service from. beginning of construction Until' ' days after complefetion. ••••••1'.his••a•istitag..;~•gxe~Tnent,•to„-be.;in,.fnll• force and effect until the entire .,.•• subdivision is built out and sold. ......................................................................... ............... 11,t.ICE A. CTTLVER. ....................................... • GARY L. IIUNNEMILLER" WALTER. A. CIILVER RQSSELL D. :iUNNEMILLER The herein agreement, upon its execution by both parties, is herewillr made an integral part of the afore• menticnerJ Agreement of Sale. ' ;' DATED :......................... TIME'......................... Purchaser DATED :......................... tIME .........:.~..... ...................................................... Seller ....................................................... SeNCr w~,r« i ~ENDUM TO PUF;CIiASE AGRE~iENT PTalter