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HomeMy WebLinkAboutFenway Park Subdivision PP• SOBDIVISION EVALOATION 868BT Proposed Development Name FENWAY PARK City MERIDIAN Date Reviewed 11/05/91 Preliminary Stage XXXXXXXX Finnl Engineer/Developer w++hhis Enar / Date Sent _ The following SUBDIVISION NAME is approved by the Ada ounty Engineer designee per the requirements of the IDAHO STAT COD The Street name comments listed below are STREET NAME COMMITTEE (under direction of 1 development in accordance with the Boise or hie Date ~~ ~ ~~ by the members of the A LINTY is County Engineer) regarding this Street Name Ordinance. The following exietinc street names shall aooear on the plat ass "S W 12TH AVENUE" "W CREST WOOD DRIVE" "W RIMRA STREET" ^W PENNWOOD STREET^ Thw f~>>owinc new street names are aooroved• "HOME PLATE" "OUTFIELD" "BUCRNER" "WEST RIMRA STREET" shall end at "W. CREST WOOD DR." and not have a eeoarate name. 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 hie a gnee in order for the street names to be officially approved. ADA COUNTY STREET NAMB OO2D[ITTSE, AG RESENTA IVE OR DESIGNEBS6 ~c/j- Ada County Engineer John Prieater ~~ Date _J1~~1 Ada Planning Assoc. Terri Raynor a e _~ ~' Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet moat be presented to the Ada County Engineer at the time of signing the "f nal plat", otherwise the plat will not be signed !!!! sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS O~)k ST~I~~ ~ ~ II/ ! I~rI ~~ e W. CREST WOOD DR. e i s s ~ e r W ~ e o a ie a ~~ u~ .o 'r P1.. N0. 4 „~ _o O ~- l ...,. F~ ay PArzK ~ ~ ---- - ._ U. S. N/GNW.4 Y - No. 30 - ~---~- 0 3t ' I_..1 -_2 3 a 5 6 7 8 9 ~ --~-_ ~r~ CREST WOOD ~ ~ ¢~ z ~ ID ~ 12 I 114 15 II ~ 1 3 0 8 1IN G 5~0 ~ $ 12 2 p 22 CRES' WDOD CIR, I 3 ; ~ IOZ 13 ~ 4 ~ 4 5 9 F ~ 24 2b 27 1 ® 3 s 8H ~ ~--~ 2 ~' ® b 7 w~ 2C 1G t° 17 1° 3 4 0 b _ 1 ° 7 ° ° ® ® b 1C 11 12 13 14 1b 27 7 © 1 2 b ° 1 32 31 30 ~ 10 11 24 i/ 12 3 4 7 2 3 4 i 13 22 I 10 s z ° b a u 11 v 11 ° ' 1b 0 I 12 I 12 1~ 13 14 1b 1° 17 1b 14 pROp SAD ~ ~ ,~ ~ 1s N _: -~ ~ 1e x/22 _8_, MERIDIAN CITY COUNCIL OCTOBER 1, 1991 PAGE #4 FORTH THE TERMS OF OFFICE FOR THE INITIAL TRUSTEES AND PROVIDING FOR SUCCESSORS; AUTHORIZING THE TRUSTEES TO SIGN ALL APPLICATIONS AND OTHER PLAN DOCUMENTS AND PAPERS; AND PROVIDING AN EFFECTIVE DATE. The Motion was made by Giesler and seconded by Tolsma to approve Resolution #142: Motion Carried: All Yea: ITEM #7: RESOLUTION #143: RESOLUTION ADOPTING FEE SCHEDULE FOR ZONING AND DEVELOPMENT APPLICATIONS: Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR A FEE SCHEDULE FOR THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE; AND PROVIDING AN EFFECTIVE DATE: Is there any discussion on this item? Giesler: Are we able to change these if we see that they are not in line? Kingsford: Yes by Resolution. Yerrington: What percentage increase is this over the old? Kingsford: Gave explanation. (TAPE ON FILE) Crookston: The big justification for the change is the court ruling that the City can no longer pass to the developers the actual costs incurred so Jack did a study of costs that had been incurred and these fees here are actually lower than the costs that had been incurred. They are lower than the City of Boise's fees. Giesler: if for example on a Conditional Use we do receive a substantial amount of testimony that requires a substantial amount of work in our office, let's say it was twice that, the City will have to bear the costs. Kingsford: Yes. The court stated that they have to be reasonable and aware that they are going in. The Motion was made by Myers and seconded by Tolsma to approve Resolution #143. Motin Carried: All Yea: ITEM U8: REQUEST. FYY7R FJON ON PRFLIMINi4RY PLAT ODi FAY {•¢'y CRF.S290.~Ob'S~A"1'ffi'8) 'B~' 8fii:~, ' Kingsford: Is there a representative here? Jerry Iverson: I think you all are aware of the controversy that we have had to solve out there due to some promises made by a previous developer req~rdfng_a recreation vehicle parking lot. Gave explanation on the R.V. parking problem. We have just obtained this evening a letter from the president of the homeowners association basically stating that they have come to an agreement with T & R Construction for the construction of the improvements and are accepting the new location that we are going to be transferring the T & R Construction for that R.V.P area and they are basically saying that they will hold the City Council and us harmless for the actual construction zone. The Fenway park subdivision will not have any interest in this facility. One • • MERIDIAN CITY COUNCIL OCTOBER 1, 1991 PAGE #5 other item that we were concerned about was the improvements to Franklin Road in front of this R.V. facility. T & R is saying they don't really have the money right now to improve that and we came to an agreement with them that Mr. Buckner would go ahead and improve that. Giesler: This R.V. Park is going to be put up against the homes that are already built in there? So what is the difference building up against those homes than up against your homes? Iverson: We are not taking part in that facility and the homeowners in 3,4 and 5 have decided that they would prefer to have the R.V. Park located in that area. Giesler: Mr. Buckner was not aware when he purchased the property that that is the way it was set up? Iverson: We were aware of an area of land set aside for that facility. It has always been our understanding that when a developer comes in and is going to buy property items such as a park, tennis court or something like this, those are subdivision amenities that are put in in order to help sell your lots. It was our feeling that nobody has an objection to a park if the homeowners want to support this thing but that should be left up to the homeowners in the area that it is intended for. Giesler: Is this R.V. parking going to go clear to the highway then? Iverson: Yes, there may be a small bu£far sof~e'Ieft The Motion was"made by Tol'acw'! by' Yerrington to approve liri~'~n Preliminary Plat for Fenway Park. Motion carried: All Yea: Kingsford: The neat Council meeting will be on November 6th because of the election. ITEM #9: DEPARTMENT REPORTS: Eng. Smith: The first item concerns Meridian Road sewer and water project. As part of our plans to put water and sewer in Meridian Road we were going to extend to each existing residence a water and a sewer service. Some of the property owners along there owning larger lots or larger areas of ground have requested that additional service lines be installed to the vacant land for possibility of future development. These requests have varied from a single sewer and water service, a four inch sewer and a 3/4 or 1" water service to an S" sewer and a 6" water service. I have told people there that we would provide a single sewer and water service to each existing residence. i would like Council guidance on how you would like to handle these requests for additional sewer and water services. I have three alternatives or well basically two alternatives. One wouldbe for the City to go ahead and install the services at this time and the City absorb the costs and at the future time when these properties did develop to connect to these spare services that we would recover our costs at that time with an additional increase for however many years it may be. Or that we tell the residence that the sewer and water services are available to them at this time if they so desire and that they would need to pick up the cost. MERIDIAN CITY COUNCIL OCTOBER 1, 1991 PAGE #4 FORTH THE TERMS OF OFFICE FOR THE INITIAL TRUSTEES AND PROVIDING FOR SUCCESSORS; AUTHORIZING THE TRUSTEES TO SIGN ALL APPLICATIONS AND OTHER PLAN DOCUMENTS AND PAPERS; AND PROVIDING AN EFFECTIVE DATE. The Motion was made by Giesler and seconded by Tolsma to approve Resolution #142: Motion Carried: All Yea: ITEM #7: RESOLUTION #143: RESOLUTION ADOPTING FEE SCHEDULE FOR ZONING AND DEVELOPMENT APPLICATIONS: Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR A FEE SCHEDULE FOR THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE; AND PROVIDING AN EFFECTIVE DATE: Is there any discussion on this item? Giesler: Are we able to change these if we see that they are not in line? Kingsford: Yes by Resolution. Yerrington: What percentage increase is this over the old? Kingsford: Gave explanation. (TAPE ON FILE) Crookston: The big justification for the change is the court ruling that the City can no longer pass to the developers the actual costs incurred so Jack did a study of costs that had been incurred and these fees here are actually lower than the costs that had been incurred. They are lower than the City of Boise's fees. Giesler: If for example on a Conditional Use we do receive a substantial amount of testimony that requires a substantial amount of work in our office, let's say it was twice that, the City will have to bear the costs. Kingsford: Yes. The court stated that they have to be reasonable and aware that they are going in. The Motion was made by Myers and seconded by Tolsma to approve Resolution #143. Motin Carried: All Yea: ITEM #8: Kingsford: Is there a representative here? Jerry Iverson: I think you all are aware of the controversy that we have had to solve out there due to some promises made by a previous developer req~rdfng_a- recreation vehicle parking lot. Gave explanation on the R.V. parking problem. We have just obtained this evening a letter from the president of the homeowners association basically stating that they have come to an agreement with T & R Construction for the construction of the improvements and-are accepting the new location that we are going to be transferring the T & R Construction for that R.V.P area and they are basically saying that they will hold the City Council and us harmless for the actual construction zone. The Fenway park subdivision will not have any interest in this facility. One MERIDIAN CITY COUNCIL OC20BER 1, 1991 PAGE #5 other item that we were concerned about was the improvements to Franklin Road in front of this R.V. facility. T & R is saying they don't really have the money right now to improve that and we came to an agreement with them that Mr. Buckner would go ahead and improve that. Giesler: This R.V. Park is going to be put up against the homes that are already built in there? So what is the difference building up against those homes than up against your homes? Iverson: We are not taking part in that facility and the homeowners in 3,4 and 5 have decided that they would prefer to have the R.V. Park located in that area. Giesler: Mr. Buckner was not aware when he purchased the property that that is the way it was set up? Iverson: We were aware of an area of land set aside for that facility. It has always been our understanding that when a developer comes in and is going to buy property items such as a park, tennis court or something like this, those are subdivision amenities that are put in in order to help sell your lots. It was our feeling that nobody has an objection to a park if the homeowners want to support this thing but that should be left up to the homeowners in the area that it is intended for. Giesler: Is this R.V. parking going to go clear to the highway then? Iverson: Yes, there may be a small buffer zone left. The Motion rat mal'~ bg ~ ~ °~~ `_'~"~~`~ ext~rstOn tln Preliminary Plat LsoC , '' ~' ."' Motion cae=tied: All Yea: Kingsford: The next Council meeting will be on November 6th because of the election. ITEM #9: DEPARTMENT REPORTS: Eng. Smith: The first item concerns Meridian Road sewer and water project. As part of our plans to put water and sewer in Meridian Road we were going to extend to each existing residence a water and a sewer service. Some of the property owners along there owning larger lots or larger areas of ground have requested that additional service lines be installed to the vacant land for possibility of future development. These requests have varied from a single sewer and water service, a four inch sewer and a 3/4 or 1" water service to an 8" sewer and a 6" water service. I have told people there that we would provide a single sewer and water service to each existing residence. i would like Council guidance on how you would like to handle these requests for additional sewer and water services. I have three alternatives or well basically two alternatives. One wouldbe for the City to go ahead and install the services at this time and the City absorb the costs and at the future time when these properties did develop to connect to these spare services that we would recover our costs at that time with an additional increase for however many years it may be. Or that we tell the residence that the sewer and water services are available to them at this time if they so desire and that they would need to pick up the cost. -'_a CT i i TUE 1 7 SS STAR CGMMUN I CAT IONS P.. 02 ' ~ `. -! ~). •.i I '^~2TTJ f : 17 tt'Vf'~ UL'NI_t 1 Prb ~ tNG ll•lt tk ~. ,: ,•? +; ,; ;; :~ b' Octob~c` 10, 1991 To: J ~~:k Niemann ~ridian City Clerk and Zoning Administrator ~afor and City Council 1~:~.nning and Zoning Members Afi3 CounCy Highw9y District ~1$ E. 37th 5t. ~iRe, Idaho 83714 Gentl<tr r): This Z:ctt:Fr 15 to acknowledge and confirm my intent to assu~~~ 3c~r.ponsibility for the improvements on Franklin Road ~r~~pt-inq tho 80' wide parcel being transferred to the Ce'c;'LwooQ Estates t3 Homeowner's Association. said parcel kill be used for recreational vehicle parking with c.°.ess to Franklin Road restricted by a security fencers ound the parkinq area. Access/curb cut wili be off W +Crestwood Drive. :: Sale rS~"development of the remaining paLCel of property at th~~ intersection of Linder kd. and Franklin will be cot.inyAnt upon improvement to the remaining unimproved front?';;:s of Linder and Franklin. i < Given'ljc_Gd market conditions, I will most likely plat 4 or 5 t+~sidentiai lots on the north side of Barrett Drive.~s'Thc? Crestwood Estates A3 Homeowner'q Association has ag~'~:~ed to incorporate these homes into their Assoc #i; t.#on. It would make sense to finish the improvements to Frcl~~lin Road at that time so that any landscaping in frV}'.E~ C)t the RV parking area can be maintained by the hc'~r?~wners. Sincc)'c~3y y r7~~~ Wil.liaf~i` J. ~ cknor t.; ,, To: Jack Niemann Meridian City Clerk and Zoning Administrator Mayor and City Council Planning and Zoning Members From: Board of Directors, Crestwood Estates #3 Homeowner's Association Regarding: Fenway Park Subdivision This letter is to inform the City of Meridian, Planning and Zoning and Council Members that an agreement has been accepted to satisfy the demands of the Homeowners in the Crestwood Estates #3,9,5, Subdivisons for the sports/RV parking facility originally designated on the preliminiary plat of what is now the proposed Fenway Park Subdivision. Mr. Buckner has signed an Earnest Money Agreement with T&R Construction agreeing to convey the property to them and/ or the Crestwood Estates Homeowner's Association. Said agreement is contingent upon the City granting approval of a request for extension of the Preliminary Plat and approval of the proposed Fenway Park Subdivision. A separate agreement between T&R Construction and the Homeowner's Association for the construction of the improvements has been agreed to. Since the developer and homeowners in Fenway Park subdivision will not be participating in the RVP/ Sport Court facility, the Crestwood Estates Homeowner's Association agrees to hold them and the City of Meridian harmless for the construction of the improvements. The Crestwood Estates Homeowner's Association requests a timely approval of the Developer's Plat so that the transfer of the Sport Court/RV Parking facility can be arranged as soon as possible. ~~~ Dated the ~~ ~ Day of Ll'L'`-j/J~~/F' 1991 President', Crestwood Es£~tes Homeowner's Association Secretary, Crestwood Estates Homeowner's Association RUBBLE ~CINEERING, INC. 7025 Emerald Suite 200 Boise, Idaho 83704 October 11, 1991 Jack Nlemann City Clerk and Zoning Administrator City of Meridian, Idaho 83642 (208) 322-8992 • Fax (208) 378-0329 Dear Jack, On behalf of William J• CLe~iewoo Estatesh Subdivision) nwwe Pare subdivision (formerly requesting that a time extension be granted for the preliminary plat of Crest Wood Estates Subdivision. We would like to have this request placed on the City Council agenda for consideration on October 15, 1991. Thank you for your assistance. Please call if you have any questions call at 322-8992• 6ince e , ~1 / d\.~I~ eith L. Jacobs RYJ/tlf {~tygn6rltiltalfr10r11O7671 posl-It brad ~ ^.\_ - *~ TO AL PRGE.001 ** ,' ~ ~ ~ , .~ ~ Elul I inP rrf I,r nl,r,p Prl arlr PPmPnI I,PI wPPU Wi I l iam .I. Ilurknnr , (1PVP I It11Pr /1~ Irr U(/(lq Pfl I''P IIWAy t'ar k Qilll ll~ 1 V 1 P 11111 1 I Allr? the Crctstwuud E:etotte 1.1 Ilunluwucc'u Asttuciatluu, representing all of the property owners in the Crestwood Estates !3, #4 and /5 Subdivisions. In order to resolve the current controversy regarding the Recreational Vehicle Parking site located on the developer's property adjacent to the Crestwood Fstnt es ;,4 ,i nd '> subdivisions, the developer nnrl hunu•uwnc r:+ ;r,lrr•c, t„ the lul lowinrl pruvitiions and r'r~nl imlenrir•r:. 1. 'Phe developer shall make available to 'I'xR construction a parcel of the developer's commercial property located in the southeast corner of the Franklin Road/Cinder Road intersection. Said parcel will be sold to TxR Construction and/or the Crestwood Estates #3 Homeowner's Association upon satisfactory negotiations with TxR Construction to buy said property. 2. TxR Construction and the Homeowners agree to develop at their expen:;e and satisfy all current demands now being made of TxR Construction or Mr. Buckner to provide Recreational Vehicle parking and a park or sport court. Said facilities to be constructed according to or similar to the design agreed to in Exhibit A. 3. 'Phis agreement is offered conditioned upon approval of the City of Meridian and a request to be made by the developer to extend the preliminary plat approval for his development. This request includes City approval to revise the use and subdivide, according to a design to be submitted, of the lot originally designated as RVP on the preliminary plat. 4. 'I'Irc c'reslwuod I•,ylull•v Ilumcuwncra orknuwleJ,lr~ I h,~l Mr. Buckner's property on the Southeast corner of Linder and Franklin Roads could be used for commercial or profes.~innnl ~fficc spnc•e development. I{y pnwi<linrl l lir I,r ,.pr-ily lu thr~ A':::ut~lnl ir)Ir, in Iln• •~r r'n n,li r•,',I t,~, the south portion oC said property along It;lrrrctl Urivr~ may be better suited, at developer's option, as a residential development including a zero lot line type development. If the the property should be used for residential development ( does not pertain to rental apartments ), the Crestwood Estates Homeowner's Association agrees to incorporate, upon developer's or his assigns etc. request the lots or individual owners into the Association with equal rights and responsibilities. Said lots/owners to be absorbed as the completed homes are sold. Likewise, the developer shall make such membership mandatory so that these homeowners are not taking advantage of facilities owned by and maintained by the Association. • • 5. Final design and dimensions to be provided by Hubble Engineering according to their recommendations. 6. This agreement is herein, in principal, agreed to by and on behalf of the Crestwood Estates Homeowner's, T&R Construction, Rob Prindle and Twayne Walker and William J. Buckner and or his subdivision representative, Jerome B. Iverson. This agreement shall be reviewed by and rewritten by the legal representives of the parti~~~in~olved. Crest ood Estates (Proms dept ) / f C~// Cr tw d Estates Wa ~fneowner's Association r- ~ ~ ~, ner's Associat ~l - ,"/ Date ~, ~ .~ ~~ Date -~, d-P' Date Dater (~ 6 D t ~b ~ J !. C t v I ~ I I V N ~~~-- _ `~' c ~ V ~ ~ ~ ~~ h ~ ~ °o 3 ~ I ~ ~ J ~~ ,~ ~ ,~ ~-- .~w ~ ~v ~~ ' ~ ~ ~~ ~ ~ ~ ~~ / / <~ 0 ~/ ~/ I r~ I C Ob'02~ b~aNl~ 'S VALLEY • • HUB OF TREASURE A Good Place to Live OFFICIALS COUNCILMEN JACKNIEMANN,C1ty Qera RIDI AN RO A A JANICE GABS, Treasurer CITY OF ME BERTMVERS E BRUCE D. STUART, Water Worka Supt. ROBERT GIESLER WAVNE G. CROOKSTON. JR_ Attorney 33 EAST IDAHO MAX YERRINGTON EARL W ARD, W esle W ebr Supt. m l MERIDIAN, IDAHO 63642 cnauman Zoning 8 Planning KENNY BowERS. F re c e BILL GORDON. Police Cnlel Phone 8884433 JIM JOHNSON GARY SMITH, City Engineer - GRANT P. KINGSPORD Mayor Sept~il~er 11, 1991 Mr. Keith Jacobs Hubble Engineering, Inc. 7025 IInerald Suite #200 Boise, Idaho 83704 re: Fenway Park: Dear Keith, We have reviewed the doctmlents that you sutmitted and the City of Meridian does not have any probllan with the new location of the RV Parking and Sport Court as long as it is agreeable with the Haneowners of Crestwood 3, 4 and 5. We believe there need to be some kind of agreement that after the property is transferred to T & R Construction thatthe RV Parking and Sport Court will be built and fenced as necessary. We do not have a problem with the lot layout of the prior RV Lot other than the width of the access to the flag lots. We feel that unless this is designated as a cannon access for the 2 Lots the access should be at least five wider to each lot. We have also noted you have picked uP an additional three lots in Block 4 over the orginal Preliminary Plat. On two of these lots the setback line is going to be approximately 30 to 35 feet fran the street to get the necessary 70 feet at the setback line. You might want to look at changing the design of lots 21, 22, & 23 in Block 2, as the setback line is going to be approximately 30' on lot #23, 35' on lot #22 and 46' on lot #21. Also there were no dimension of the lot sizes and they need to be a minimum of 8000 square feet. In conclusion, after the transfer takes place and the necessary agreements are signed, it will be necessary for you or the developer to cane before the City Council and request an extension of the Preliminary Plat. Clerrk Zoning Acfilinstrator of 3.tiian, ID. 83642 Mayor & Council City Engineer ,` fNG~NF f9 RUBBLE E• INEERING, INC. ~y 7025 Emerald • Suite 200 • Boise, Idaho 83704 ~O COQ SUPVE TRANSMITTAL LETTER To: City of Meridian Attn: Jack Niemann DATE: (208) 322-8992 • Fax (208) 378-0329 Job No.: 91-035 Project: Fenway Park WE ARE SENDING YOU: ^ As Requested ~ Attached ^ Under Separate Cover, Via FOR YOUR: ^ Use ^ Record ^ Bidding ^ Cost Estimating ^ Information ®Review and Comment ^ THE FOLLOWING: ~ Prints ^ Plans ^ Samples K7 Copy of Letter ^ Specifications ^ Shop Drawings ^ Copies Date Sheet No. Description 1 9-9-91 1~ 2 Outline of Pro osed A reement 1 9-9-91 1 Sketch of New RV Paarking & Sport Court 1 9-9-91 1 Earnest Money Agreement 2 9-9-91 1 Revised Site Plan for Fenway Park REMARKS: Jack, Here ar RV Park e the documents showing agreement and purchase of new ing and Sport Court area from William J. Euckner to T & R C onstruction and the existing homeowners. We are sub- mitting these documents, along with a site pian showing the new lot layout for Lots 1-5, Block 3, for preliminary Plat extensi on. Please review and comment back to us. Thank you. Copy To: ^ With Encl. ^ With Encl. ^ With Encl. By: Keith Jacobs Signed: ~ r ~-.~;~ i • ~~ ~/G" ( ~ /~/ Outline of proposed agreement between William J. Buckner, developer of proposed Fenway Park Subdivision #1 and the Crestwood Estates #3 Homowner's Association, representing all of the property owners in the Crestwood Estates #3, #9 and #5 Subdivisions. In order to resolve the current controversy regarding the Recreational Vehicle Parking site located on the developer's property adjacent to the Crestwood Estates 3,4 and 5 subdivisions, the developer and homeowners agree to the following provisions and contingencies. 1. The developer shall make available to T&R construction a parcel of the developer's commercial property located in the southeast corner of the Franklin Road/Cinder Road intersection. Said parcel will be sold to TaR Construction and/or the Crestwood Estates #3 Homeowner's Association upon satisfactory negotiations with T&R Construction to buy said property. 2. T&R Construction and the Homeowners agree to develop at their expen:;e and satisfy all current demands now being made of T&R Construction or Mr. Buckner to provide Recreational Vehicle parking and a park or sport court. Said facilities to be constructed according to or similar to the design agreed to in Exhibit A. 3. This agreement is offered conditioned upon approval of the City of Meridian and a request to be made by the developer to extend the preliminary plat approval for his development. This request includes City approval to revise the use and subdivide, according to a design to be submitted, of the lot originally designated as RVP on the preliminary plat. 4. The Crestwood Estates Homeowners acknowledge that Mr. Buckner's property on the Southeast corner of Linder and Franklin Roads could be used for commercial or professional office space development. By providing the property to the Association, in the area agreed to, the south portion of said property along Barrrett Drive may be better suited, at developer's option, as a residential development including a zero lot line type development. If the the property should be used for residential development ( does not pertain to rental apartments ), the Crestwood Estates Homeowner's Association agrees to incorporate, upon developer's or his assigns etc. request the lots or individual owners into the Association with equal rights and responsibilities. Said lots/owners to be absorbed as the completed homes are sold. Likewise, the developer shall make such membership mandatory so that these homeowners are not taking advantage of facilities owned by and maintained by the Association. - 1 - s 5. Final deasign and dimensions to be provided by Hubble Engineering according to their recommendations. 6. This agreement is herein, in principal, agreed to by and on behalf of the Crestwood Estates Homeowner's, TaR Construction, Rob Prindle and Twayne Walker and William J. Buckner and or his subdivision representative, Jerome B. Iverson. This agreement shall be reviewed by and rewritten by the legal representives of the parties involved. Crestwood Estates Homeowner's Association (President) Crestw d Estates Hom wner's Association (S cr a j ~~ T Wal er ate Date Date Date v D t - 2 - y • • ~.J-' / / / / O S. CINDER ROAD r 0 m \ I l I 0 O ~O '0' QV I ~ ~e~ H i ~ -~~ ~ ~~ ~ ~ , ~ ~a~ ~ > ~ I -~ o w 0 0 ~~ m ~ - ,~ -~,. ;, i - - - ~ _ W N a~ I ~~ ~ .• i v