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MERIDIAN CITY COUNCIL
JULY 16, 1991
PAGE #4
ITEM #6: ORDINANCE #551: ORDINANCE ANNEXING HOOPER PROPERTY:
Kingsford: AN ORDINANCE ANNEXING AND ZANING CERTAIN REAL PROPERTY WHICH IS DESCRIBED
AS THE NE 1/4 OF NE 1/4 OF SE 1/4, SECTION 6, T. 3N., E. 1 E., BOISE MERIDIAN; ADA COUNTY,
IDAHO, GENERALLY LOCATED AT THE D1W CORNER OF LOCUST GROVE ROAD AND CHATEAU, MERIDIAN,
IDAHO; AAID PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #551 read
in its entirety? No response.
The Motion was made by Yerrington and seconded by Giesler that the rules and provisions
of 50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance Number 551 be passed and approved.
Ro11 Ca11 Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea:
MotionCarried: All Yea:
The Motionwas made by Tolsma and seconded by Giesler to approve the preliminary & final
plat for Gem Park #2.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #7: CONDITIONAL USE PERMIT FOR HEPPER HOMES:
Kingsford: Mr. Hepper could you explain for the Council what you are planning to do.
We are planning on building a three unit townhouse on King Street, and they will be
sold as individual units.
Yerrington: What's the square footage of the townhouse that you'd be bulding?
Hepper: Between 1000 and 1100 sq. ft..
Giesler: There are some recommendations from the County, what were those?
Clerk Miemann: They were curb, gutter and sidewalk and to pave the alley.
Tolsma: Is there any irrigation on that property?
Hepper: Yes there is. We do plan on tiling the ditch.
Kingsford: Would the ACHD even have a elevation for curb, gutter and sidewalk if they
were put.
Eng. Smith: Probably not.
The MotiRnwas made by Tolsma and seconded by Yerrington to approve the Findings of Fact
and Conclusions of Law for a Conditional Use Permit for Hepper Homes.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea:
Motion Carried: All yea:
.
MERIDIAN CITY COUNCIL
JULY 16, 1991
PAGE #5
The Motion was made by Yerrington and seconded by Giesler to approve the Conditional
Use Permit for Hepper Homes.
Motion Carried: All Yea:
ITEM #8: PUBLIC HEARING: 1990/91 FISCAL YEAR BUDGET AMENDMENT:
Kingsford: At this time i will open the Public Hearing. I will read for the public
the first paragraph. Due to the City receiving additional funds from an increase in
building, plumbing & electrical permits and additional funds from ACRD, The Idaho Department
of Transportation and an increase in the LID for the First Street Project it is recommended
both the general fund and the enterprise fund for 1990/91 fiscal budget be amended.
The City of Meridian has agreed to install new lights on this project and had planned
to do a lease on the lights over a ten day period but due to the revenue from the above
sources being available it would be in the best interests of the City t out right purchase
the lights. The City also has retained Wayne Forrey as a consultant on this project
and there is a need for some fencing at the park and other things that would be appropriate
that we are thinking about amending the budget to do. Any comments or questions from
the public?
Kingsford: Explained in detail the additional funds. Hearing no further questions
or co~nents I will now close the Public Hearing.
ITEM #552: BUDGET AMENDMENT ORDINANCE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE N0.543, THE
APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTt~BER 1, 1990 AND ENDING SEPTEMBER
30, 1991: APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN,
IDAHO, IN THE SUM OF $388,364.00 AND PROVIDING AN EFFECTIVE DATE: Is there anyone who
wishes Ordinance #552 read in its entirety? No response.
The Motion was made by Giesler and seconded by Tolsma that the rules and provisions
of 50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance Number 552 be passed and approved.
Roll Call Vote: Yerrington - Yea; Tolsma - Yea; Giesler - Yea;
MotionCarried: All Yea:
ITEM #10: DEPARTMENT REPORTS:
Eng. Smith: I've recently received a proposal from Forsgren ~ Associates for the
design on the s. slough sewer. I do have that proposal and will probably bring
it back to Council at the next meeting. We would proceed on that design in hopes
that we can start construction in fall of this year to work it in conjunction with
the Meridian Road project. On that subject, ACRD called me the other day and said
that they were anticipated to send out for bids on the Meridian Road Project in
October.
Kingsford: One thing, if there is any inclination to raise the Mayor or Councilmen's
salary you'd probably have to do that at the next meeting.
The Motion was made by Tolsma and seconded by Giesler to adjourn at 8:15 P.M.:
Motion Carried: All Yea:
MERIDIAN PLANNING 6 ZANING•
JULY 9, 1991
PAGE #15
Mack: The confusion there was that, there were never seventeen children on her property
throughout the day. With that number related when she had a roster of children that she
would care for sometimes on different days. It was never a throughout the day number,
it was simply a number of children on what she called an enrollment at different
times throughout the week.
Crookston: With that understanding how long have we been dealing with twelve throughout
any one day?
Mack: I think that since the school year has ended she has only five or six, but
even prior to that throughout the course of the court proceeding she only had twelve.
Johnson: Anyone else from the public?
Saxton: I was sworn in before and what I said was not purgering myself, I told the truth
to the best of my knowledge. I personally work for the Meridian School District which
is in my opinion maybe the second largest day care in the State of Idaho. What we
are saying is the community may need another day care but not at this facility. As far
as what Mary Navarro says I support everything she has said here tonight.
Johnson: Any other comments?
Aguirre-Navarro: I would just like to clarify a few inaccuracies and one that there
is no children, she's supposed to have twelve children on licensing. We want to show
you a video we got it, there's more on the property than that at the same time. So
we offer that at proof, we also offer when the Idaho Statesman came to take a picture
of you, did you not take three children off your property so you would not be over
the number?
Johnson: You have to be talking to us.
Aguirre-Navarro: She said Hadley does not have older children, that's an inaccurate
statement also. She does have older children, she's a day care and she has them from
very young to older. She's saying the testimony of a police officer, she forgot to
tell you this is a guy testifying for her, how about all the other police officers that
had to come down there?
Johnson: Thank you all for all your testimony. I'm going to close the Public Hearing
now.
The Motion was made by Shearer and seconded by Hepper to have the attorney prepare
the Findings of Fact and Conclusions of Law for the Perkins application.
Motion Carried: All Yea:
There was no recommendation to pass on to the City Council at this time.
ITEM 1i2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI-FAMILY
DWELLING BY HEPPER HOMES:
Hepper: Mr. Chairman, at this time I'd like to step down due to a conflict of interest.
MERIDIAN PLANNING & 7.ONING
JULY 9, 1991
PAGE #16
Johnson: I will now open the Public Hearing, is there anyone who would like to
testify?
Ted Hepper, 1440 E. Ustick, was sworn by the attorney.
Hepper: We would like to have a conditional use permit for a three unit townhouse on
a piece of property on King Street west of E. 1st. It's a three unit townhouse with
a two car garage for each unit. We'd like to ask for a variance from the ACRD
requirement.
Alidjani: Could you educate me as to what you mean when you say townhouse?
Hepper: A townhouse is a individual living quarters. They are a single family
dwelling and there is a two hour fire wall in between each unit but they are
connected.
Alidjani: Are they two story or one?
Hepper: We are planning on one story.
Rountree: You've indicated you want a variance for the 16' pavement of the alley and
also a variance on any improvement on King Street, in that regard would you be
willing to contribute to ACHD's fund for future improvements on that particular street
at such time they come in with an improvement situation or improvement district?
Hepper: Yes we'd be willing to at the time but right now it goes no place and ends
no place.
Shearer: What's Meridian Street got, are they turning the corner with the new plan?
Clerk Niemann: Yes.
Discussion Held. (Tape on File)
Shearer: How wide is that lot?
Hepper: 90x140.
Rountree: You've read the City Engineer's comments and you don't have a problem
with them?
Hepper: No problem.
Johnson: Anyone else from the public to testify?
Joan Hagon, 38 E. Ada, was sworn by the attorney.
Hagon: I represent my daughter and my father who both own property on Ada Street.
I have no objections to what your doing or anything but I want to know my daughter
or my father could do the same thing?
Clerk Niemann: If they want to file an application.
MERIDIAN PLANNING 5 ZONING
JULY 9, 1991
PAGE #17
Hagon: Is this a whole zoning change?
Clerk Niemann: No, this is just for this specific piece of property.
Hagon: This complex will upgrade the neighborhood.
Johnson: Anyone else to testify?
Mark Burnham, 42 E. King, was sworn by the attorney.
Burnham: I hope the members of the Com¢nission will grant the variance to Mr. Hepper.
We aren't going to stand in the way of progress at all. Our only request is that
Mr. Hepper save all of those trees. I think this project will really be an asset
to our community.
Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing.
The Motion was made by Rountree and seconded by Alidjani to amend the Findings of
Facts and Cohclusions of Law to allow the variance for not paving the alley and not
doing the street curb, gutter and sidewalk improvements as indicated by ACHD requirements.
Roll Call Vote: Alidjani - Yea; Shearer - Yea; Shearer - Yea; Rountree - Yea:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission recommends to the City Council that they approve the Conditional
Use Permit for Multi-Family Dwelling by Hepper Homes.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE:
Johnson: I will now open the Public Hearing, is there anyone present to testify?
Hearing no response I will close the Public Hearing.
Discussion Held: (TAPE ON FILE)
The Motion was made by Rountree and seconded by Alidjani to have the Findings of Fact
and Conclusions of Law prepared.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:20 P.M.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
4
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HEPPER HOMES, INC
CONDITIONAL USE PERMIT
LOTS 20, 21, AND 22, BLOCK 1
BOWER'S ADDITION TO MERIDIAN
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 9, 1991, at the hour of 7:30 o'clock p,m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for July 9, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 9, 1991, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and is owned by Clarets V. Smith and Shannon Smith and
the Applicant has an agreement to purchase said property which is
described in the application which description is incorporated
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herein.
3. That the property is zoned Old Town (OT), which requires
a conditional use permit for the construction, placement and
operation of R-15 Multi-family residential dwelling units which
the application requests; that in Old Town conditional uses are
generally required for any use where the property was not
previously used for that purpose.
4. .. That the 0-T District is described in the Zoning
Ordinance, 11-2-408 B. 10 as follows:
(0-T) OLD TOWN DISTRICT: The purpose of the
Z'~=1'}' -his ric1= info accommodate and
encourage further expansion of the historical
core of the community; to delineate a
centralized activity center and to encourage
its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and
recreational center of the City. A variety
of these uses integrated with general
business, medium-high to high density
residential, and other related uses is
encouraged in an effort to provide the
appropriate mix of activities necessary to
establish a truly urban City center. The
district shall be served by the Municipal
Water and Sewer systems of the City of
Meridian. Development in this district must
give attention to the handling of high
volumes of traffic, adequate parking, and
pedestrian movement, and to provide strip
commercial development, and must be approved
as a conditional use, unless otherwise
permitted.
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5. That the use proposed by Applicant is an allowed
conditional use in the 0-T district both under 11-2-408 B.10. and
under 11-2-409 A. Residential, Zoning Schedule of Use Control.
6. That the property in the area is used commercially and
residentially; that the properties to the south are a vacant lot
and a grocery store; the property to the east is a parking lot for
the grocery store; the property to the west is a residence which
has also been used commercially under a conditional use permit and
farther to the west across Meridian Street is industrial property;
the properties to the north are residential.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed.
8... That the property is presently vacant
9. That the area is a moderate traffic area fronting on
King Street but having East First Street and Meridian Street to
the East and West which are highly travelled.
10. That sewer and water is available to the property, but
-the use will require additional charges or fees to meet the
requirements of the water and sewer ordinances of the City of
Meridian.
11. That the City Engineer has not submitted comments as of
the preparation of these preliminary findings but if and when he
does they shall be incorporated herein as if set forth in full
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12. That the Ada County Highway District (ACRD) has not
submitted comments as of the preparation of these preliminary
findings but if and when they do they shall be incorporated herein
as if set forth in full herein.
13. That the Applicant did not need to submit petitions
signed by at least 75% of the people owning property within 300
feet of the property indicating their approval of the use of the
property as requested by Applicant since the property is in the
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14. That these Preliminary Findings have been prepared prior
to hearing and they may need to be .amended as a result of the
hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property; that obtaining the consent of 75% of the owners of
property within 300 feet of the external boundaries of the
Applicant's property is not required.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to i1-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use would be harmonious with and in
accord with the Comprehensive Plan but the
Zoning Ordinance requires a conditional use
permit to allow the use.
c. The use apparently would be designed and
constructed, to be harmonious in appearance
with the intended character of the general
vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or future
neighboring uses.
e. The property has sewer and water service
available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use would not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the property
and the proposed use will be required.
i. The development and uses will not result
in the destruction, loss or damage of a
natural or scenic feature of major
importance.
5. That the comments of the City Engineer and the Ada
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County Highway District if and when submitted must be met and
complied with.
6. That these Preliminary Conclusions have been prepared
prior to hearing and they may need to be amended as a result of
the hearing.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
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The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the property be
required to meet the water and sewer requirements, the fire and
life safety codes, and the Uniform Building Code, and other
Ordinances of the City of Meridian.
MOTION:
APPROVED: DISAPPROVED:
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C O M M E N T S
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CONDITIONAL USE. PERMIT
HEPPER HOMES
MULTI-FAMILY DEWELLING
1: ADA COUNTY HIGHNTAY DIST: SEE ATTACHED:
2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER:
3: NAMPA MERIDIAN IRRIGATION: ALL LATERALS & WASTEWAY MUST BE PRdPECTID: DRAINAGE MUST
BE RETAIIVID ON SITE:
4: CITY ENGINEER: SEE ATTACHED:
5: POLICE DEPT: NO OBJF~PIONS:
6: SEWER DEPT: SEWER AVAILABLE IN ALLEY:
7: FIRE DEPT:. DO NGT HAVE PROBLEM WITH THIS REQUEST:
8: Public Hearing held July 9, 1991 before the Planning & Zoning Carmission: Omission
recce~cnended that this request be approved and that the conditions of ACDH be waived:
9: .Copy of the Findings as prepared for the Planning & Zoning Car[nission are attached:
~ i
ADA COUNTY HIGHWAY DISTRICT
ats EwsT ants tsTwEEr
' BOISE. IDAHO Ba7t~
Inter-Department
Correspondence
To: Ada County Highway District Commission
Date: June 29, 1991
From: Development Services
Subject: 'MERIDIAN CU -KING W/O EAST FIRST APARTMENTS
(Hepper Homes, Inc., 43 E Fairview, Meridian ID 83642 - 888-6635)
FACTS & FINDINGS:
1. Hepper Homes, Inc. requests approval of a 3-unit apartment building
located on the north side of King Street, west of East 1st Street.
2. King Street has 60-feet of right-of-way (which is adequate), and is
improved with 24-feet of paving.
3. The alley has 16-feet of right-of-way and is improved with gravel.
Parking access to the alley is planned.
The following requirements are provided to Meridian Planning & Zoning as
conditions for approval.
SITE SPECIFIC REQUIREMENTS:
1. Curb, gutter, 4-foot sidewalk and match paving shall be constructed on
King abutting parcel. Improvements shall be constructed to a 36-foo*.
back-to-back street section.
2. Provide full width paving along the alley abutting parcel and to the
nearest paved street.
3. Provide for adequate vehicle backing maneuvers in the alley.
emeNnARD REQUIREMENTS:
I Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies. laps, design
s reports, plats, drawings, p d
shall be sealed, signed
]gnd survey ~ to ACRD or p~{essional Lan
re$ented Engineer
2 gpecifications, d calculations professional 54-12]5
information an a Registered Idaho Code, Section
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6 H7-31
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Meridian CU - King ~. East 1st Apartments •
June 29, 1991
Page 2
3. Written approval shall be obtained from the appropriate irriga-
tion/drainage district authorizing storm runoff into their system.
4. Obstructions (utility facilities, irrigation and drainage appurtenances,
etc.) shall be relocated outside of the proposed street improvements.
Authorization for relocations shall be obtained from the appropriate
entity.
5. Existing irrigation and drainage systems shall be continued across par-
cel .
6. Three sets of street construction plans shall be submitted to the Dis-
trict for review and appropriate action.
7. Site drainage plans and calculations shall be submitted for review and
appropriate action by ACRD. The proposed drainage system shall con-
form to the requirements of the City of Meridian and shall retain all
storm water on-site.
8. Design data for proposed access to public streets shall be provided for
review and appropriate action by ACHD.
9. Driveways shall be located a minimum of 5-feet from the side lot proper-
ty lines.
10. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Quality
Control at 345-7667 (with zoning file number) for details.
I1. A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commission
action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services section at 345-7662.
STAFF SUBMITTING:
DATE OF COMMISSION APPROVAL:
Pat Dobie. P.E.
JUN 2 7 1991
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HEPPER HOMES, INC
CONDITIONAL USE PERMIT
!OTS 20, 21, AND 22, BLOCK 1
BOWER'S ADDITION TO MERIDIAN
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 9, 1991, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter makes the following Findings of fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
AMBROSE.
FITZGE NALD
B CpoOKSTON
Attom~ye ~n0
Counwbro
P,O. BoK 127
MMWI~n, IOYq
B3M2
TsNpNOns OBiI-161
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for July 9, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 9, 1991, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and is owned by Clareta V. Smith and Shannon Smith and
the Applicant has an agreement to purchase said property which is
described in the application which description is incorporated
AMBROSE.
FIT3GERALD
B CROOKBTON
Attomw• •nE
Counxlon
P.0.8or 137
MNlal•n, IMrlo
B3E12
T•1•pftOM BBB./yt
herein.
3. That the property is zoned Old Town (OT), which r-equ~res
a conditional use permit for the construction, placement and
i
operation of R-15 Multi-family residential dwelling units which
the application requests; that in Old Town conditional uses are
generally required for any use where the property was not
previously used for that purpose.
4. That the 0-T District is described in the Zoning ~I
Ordinance, 11-2-408 B. 10 as follows: i
(0-T) OLD TOWN DISTRICT: The purpose of the
STS ~istrict~~o accommodate and
encourage further expansion of the historical
core of the community; to delineate a I
centralized activity center and to encourage i
its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and
recreational center of the City. A variety
of these uses integrated with general
business, medium-high to high density ~i
residential, and other related uses is I
encouraged in an effort to provide the
appropriate mix of activities necessary to
establish a truly urban City center. The
district shall be served by the Municipal I
Water and Sewer systems of the City of ~
Meridian. Development in this district must
give attention to the handling of high
volumes of traffic, adequate parking, and ~
pedestrian movement, and to provide strip
commercial development, and must be approved
as a conditional use, unless otherwise
permitted.
5. That the use proposed by Applicant is an allowed
conditional use in the 0-T district both under 11-2-408 B.10. and
under 11-2-409 A. Residential, Zoning Schedule of Use Control.
6. That the property in the area is used commercially and
residentially; that the properties to the south are a vacant lot
and a grocery store; the property to the east is a parking lot for
the grocery store; the property to the west is a residence which
has also been used commercially under a conditional use permit and
farther to the west across Meridian Street is industrial property;
the properties to the north are residential.
7. That proper notice has been given as required by law
and all procedures before the Planning and Zoning Commission have
been given and followed.
8. That the property is presently vacant
9. That the area is a moderate traffic area fronting on
King Street but having East First Street and Meridian Street to
the East and West which are highly travelled.
10. That sewer and water is available to the property, but
the use will require additional charges or fees to meet the
requirements of the water and sewer ordinances of the City of
Meridian.
11. That the City Engineer has not submitted comments as of
the preparation of these preliminary findings but if and when he
does they shall be incorporated herein as if set forth in full
herein.
12. That the Ada County Highway District (ACRD) has not
submitted comments as of the preparation of these preliminary
findings but if and when they do they shall be incorporated herein
as if set forth in full herein.
13. That the Applicant did not need to submit petitions
AMSROSE,
fITZGERALD
6 CROOKSTON
AtlomsY..nC
CpY1lNloro
R.o. eo. ~n
M.neun,lalw
x+Nz
r.Npnons msMet
signed by at least 75% of the people owning property within 300
feet of the property indicating their approval of the use of the
property as requested by Applicant since the property is in the
AMBROSE,
FITZGERALD
6CROOKSTON
AUOrn~ys A!M
GpunMbn
v.o. soa ~xT
MMEbn, IONo
l36~4
TNpMns BB&AM1
Old Town District.
14. That these Preliminary findings have been prepared prior
to hearing and they may need to be amended as a result of the
hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property I
within 300 feet of the external boundaries of the Applicant's
property; that obtaining the consent of 75% of the owners of
property within 300 feet of the external boundaries of the
Applicant's property is not required.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
it
I
I
concludes
as follows:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use would be harmonious with and in
accord with the Comprehensive Plan but the
Zoning Ordinance requires a conditional use
permit to allow the use.
c, The use apparently would be designed and
constructed, to be harmonious in appearance
with the intended character of the general
vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or future
neighboring uses.
e. The property has sewer and water service
available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use would not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the property
and the proposed use will be required.
i. The development and uses will not result
in the destruction, loss or damage of a
natural or scenic feature of major
importance.
5. That the comments of the City Engineer and the Ada
County H ighway District if and when submitted must be met and
AMBROSE,
FITZGERALD c o m l i e d
p w i t h.
80ROOKSTON '
AK,msT..ne 6. That these Preliminary Conclusions have been prepared
COYfINl01~
n.o.ao.m prior to
hearing and they may need to be amended as a
result of
M.nal.~, la.no
TNpllons B9}/~6t
the hearing.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
V 0 T E D~~A/n~ ~C-OYL r~'r ~~
VOTEDLJFA`_
VOTEDT~yt~-/~
VOTED yL'~
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AMBROSE,
FIRGERALD
B CROOKSTON
Anornsyt ~nE
touo.NOr.
P.O. Boa ~t7
MaMMn, wNo
83M2
T~4p~orro B06 M61
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the property be
required to meet the water and sewer requirements, the fire and
life safety codes, and the Uniform Building Code, and other
Ordinances of the City of Meridian.
MOTION:
APPROVE
DISAPPROVED:
;,,
ADA COUNTY HIGHWAY DISTRICT
318 BAST 37TH STRBBT
BOISB, IDAHO 83714
Inter-Department
Correspondence
To: Ada County Highway District Commission
Date: June 24, 1991
From: Development Services
Subject: CU -KING W/O EAST FIRST APARTMENTS
(Hepper Homes, Inc., 43 E Fairview, Meridian ID 83642 - 888-6635)
FACTS & FINDINGS:
1. Hepper Homes, Inc. requests approval of a 3-unit apartment building
located on the north side of King Street, west of East 1st Street.
2. King Street has 60-feet of right-of-way (which is adequate) , and is
improved with 24-feet of paving.
3. The alley has 16-feet of right-of-way and is improved with gravel.
Parking access to the alley is planned.
The following requirements are provided to Meridian Planning & Zoning as
conditions for approval.
SITE SPECIFIC REQUIREMENTS:
1. Curb, gutter, 4-foot sidewalk and match paving shall be constructed on
King abutting parcel. Improvements shall be constructed to a 36-foot
back-to-back street section.
2. Provide full width paving along the alley abutting parcel and to the
nearest paved street.
3. Provide for adequate vehicle backing maneuvers in the alley.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies.
• 2. Specifications, land surveys, reports, plats, drawings, plans, design
information and calculations presented to ACRD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215.
mt:x [x>cwN.c:u/vs~r e:c tc s-z~-si
Meridian CU -King W~ East 1st Apartments. •
June 24, 1991
Page 2
T.
•
3. Written approval shall be obtained from the appropriate irriga-
tion/drainage district authorizing storm runoff into their system.
4. Obstructions (utility facilities, irrigation. and drainage appurtenances,
etc.) shall be relocated outside of the proposed street improvements.
Authorization for relocations shall be obtained from the appropriate
entity .
5. Existing irrigation and drainage systems shall be continued across par-
cel .
6. Three sets of street construction plans shall be submitted to the Dis-
trict for review and appropriate action.
7. Site drainage plans and calculations shall be submitted for review and
appropriate action by ACHD. The proposed drainage system shall con-
form to the requirements of the City of Meridian and shall retain all
storm water on-site.
8. Design data for proposed access to public streets shall be provided for
review and appropriate action by ACRD.
9. Driveways shall be located a minimum of 5-feet from the side lot proper-
ty lines.
10. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Quality
Control at 345-7667 (with zoning file number) for details.
11. A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commission
action. The request shall include a statement explaining why such a
requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services section at 345-7662.
STAFF SUBMITTING:
Pat Dobie
DATE OF COMMISSION APPROVAL:
JUN 2 7 1991
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• NTRAL DISTRICT HEALTH DEPARTME~
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Rewne #
Lj Conditional Use #
1.
2. _
3.
4.
5.
6.
We have no objections to this proposal.
We recommend denial of this proposal.
F/dL~ i frr/~c5~
Return to:
Boise
Fagle
_~ Meridian
_ Kung
AC7
Specific knowledge as to the exact type of use must be provided before we can camnent on
this proposal.
We will require more data concerning soil conditions on this proposal before we can comment.
We will require more data concerning the depth of (high seasonal ground water)(solid lava)
fran original grade before we can comrent concerning individual sewage disposal.
We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava Tayers.
7. ~ We c approve this proposal for:
~tr sewage Interim sewage Individual sewage _ Community sewage systen
/ and ~/(zlntral water Individual water _ Conmunity water well.
8. !~ Plans for K,entral sewage Camunity se~ege systan _Sewage dry lines, and
f,GCzntral water _Caimuiity water oust be su6~dtted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. '~ Street runoff is not to create a mosquito brceding problan.
10. _ 'This departrnent would recommend deferral until high seasonal 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 mieet
Idaho State Se„age Regulations.
12. _ We will require plans be submitted fora plan review for any (food estabLisMient)(beverage
establishment)(swimning pools or spas)(grocery store).
13.
Reviewed by ~ / IAte
S. W. //4
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ADA COUNTY
GL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m. on July 9, 1991, for the
purpose of reviewing and considering the Application of HEPPER
HOMES, INC., for a conditional use permit for Lots 20, 21 and 22
in Block 1, BOWER'S ADDITION TO MERIDIAN, Meridian, Idaho, which
land is located on the north side of King Street between North
Meridian Road and East First Street, for the purpose of an R-15
Residential for a Multi-Family Dwelling Unit; the property is
zoned as Old Town and a conditional use permit is required for
development. Amore particular description of the above property
is on file in the City Clerk's office and is available for
inspection during regular business hours.
Public comment will be taken and is welcome.
DATED this/~ ~~ day of June, 1991.
AMSROSE,
PIT2GERALD
B CROOKSTCN
AROmays ono
Counsaloro
P.O. Soy 427
Meritllan, loaho
83862
TalsDhone 8884681
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CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Hepper Homes, Irc. PHONE 888-6035
ADDRESS; 43 ~' Fairvi<w Meridian. Idaho 83642
GENERAL LOCATION: North side of King St. between N.Meridian & P.^irst St.
DESCRIPTION OF PROPOSED CONDITIONAL USE: R-15 -
ZONING CLASSIFICATION: Old Town
PLAN: A plan of the proposed site for the conditional use showing the location of
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards.
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning ahd Zoning Commission will hold a Public Heacin in the Meridian City
Hall on a ~ [~jR ( at ~ ~ 4 ~~
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
Hepper Homes, Inc. for thz property generally described
as located at
SUBDIVISION B(]WFYQ Addition BLOCK 1 LOT NUMBERS ~n_~1_~~
TO
• •
• •
CONTENTS OF CONDITIONAL USE APPLICATION
An application for a Conditional Use Permit shall be filed
with the Administrator by at least one (1) owner or lessee
of property for which such conditional use is proposed. At
a minimum, the application shall contain the following information
where applicable. (Application available from Administrator):
1. Name, address and phone number of applicant; Hepper Homes,Inc.
43 E. Fairview, Meridian, Idaho 888-6635
2. Name, address and phone number of owner of subject property;
Clareta V.Smith, 300 N. Meridian, Meridian, Idaho 887-0944
3. Legal description of property; Lots 20.21, & 22, Block 1, Bowers
Addition to Meridian
4. Proof of ownership of subject property; copy o£ Warranty Deed
attachsd as exhibit"A"
5. Description of existing use; level vacant land.
6. Present use of subject property; ~Faeant-Lots
7. Proposed use of the subject property; R-15
8. Twenty-five (25) copies of a vicinity map of a scale of
one (1) inch equals three hundred (300) feet; Attached exhibit "B"
9. Characteristics of subject property which make a conditional
use desirable; Infill vacant property with attractive housing
to supply an existing need for additional dwelling units.
10. A listing of the mailing addresses of all property owners
(from authentic tax records of Ada County) who are within
three hundred (300) feet of the external boundaries of
the land being considered, and a list of all owners within
the area being considered for a Conditional Use; Attached
. In Residential Zoning a petition signed by three-fourths
(3/4) or seventy-five percent (75~) of all those persons
owning property within said three hundred (300) feet approving
of the Conditional Use, and a petition signed by one hundred
percent (100) of all landowners within the area being
considered showing their approval of the proposed Conditional
Use; Does not a 1 to Old Town Zonin ,Commercial or Industrial
Zoning
12. A fee established by the Council; (See 2-422 A) $160.00 Attached
A statement that the owner grants a lien against said property
for payment of all costs incurred by the City including engineer-
ing, publication and attorney fees.
CO OSed use does ordeedsrestrictions,any
Q, A statement covenantsporprestrictions °r they
SubdivisioCl hearing stating must
osted 1 week before There
erty will be P Use permit or Zoning• the
15. The prop been ~e as Part of
have applied for a Conditional
be a signed a~davit that this has -
application.
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OFADA~Y ;~ .'t ADA CGUR71`c ICAHO " ^
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`,~ 821 Weft Sttue Shat a 8o)ee, idols 83702 ~~ "' j .. ~'' .~
~- k u>~(208)336.6700` a> r~+,t,',-ii~ +,r •~ JOTiTi ." .~ ta.FE VE,
.888 North Cok Rod • Bo)u, Idaho 83704't ;'' ~, „ r . BY ~ ^-
~; (208) 377 2700 • c~ ~ ;_ ~ :
. ~. .. :`Yy~`~'''~ ,.~.~'•~! §Fv r- •`• .3.?<' i'SPAI~ABOVEPoNRECORDQJO DATA ~,~...
+ .; {
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"'~ `WARRANTY DEED'
a,~`` f .w.i.
FORVALl1ERECEIVEO;~DODGLA8.8. FRABER`ARD BARBARA J:.FRASER; Husband and Wifa.
GRAM'OR(a),dna(do) henUyORANT,BAROAIN,SELI;rmdCONVBYunro CLARETA V. 6MITH, An
Ottmarrled FenoD, aDd BHANBOH SHITH, AD Unmarried Person.
..,
GRANIEF<SI, whore cmresrt admen bi ~' "> -' -
the followin{ described real property In .ADA ~' z - Count State of Idahn,
- more putkuirrly daerlbed u followr, a wID .. ~' Y'
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I.arB 20, 21-A1ID P2~IR BLOCK 1,`BOIiERrB~ADDITION TO lSERIDIAN, ACCORDING
?' TO THB OFFICIAL PLAT THEREOF, BILED IH 800K 2a O8 PLAT9 AT PACB 69,
RECORDS OF ADA COUNTYa iDARO... .
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TO HAVH AND TO HOLD the uid prcmlrcr, with their apputteninrea unto the add Orontee(q, end Orrnteep) help and ud8nt ~f
forever. And the Wd Orentor(r) dxr(do) heroby eovenont a and with the uld Orantee(r), the Orentottr) lyorc rho owner(r) in fee
rimpleofroidprcmirea;Ihruldprcmiuruelroatromdlencumbnncea,HXCHP7'thoratowhlchthirconveyoncel,exprcsrlymode
rubJect end Chore mWe, tufferad ordone by tfw Onntee(a); and ~ub)oM to rcaervatlonr, rcnrlctlonr, dedlcationr, earemcnts, rlyhu of
way and eQreementr, (If any) of record, and Rertenl rasa and nreumenu, (Ineludes irtlaadon and utilhy arrexmonu, (Itany) for
the curnnt year, which ero tuft yet due turd payable, end Rut Orontor(r) witl wemnt and defend the tuna from oil lox~ful clelmr
Da ~ - ;
' ~'`~tVElIBER 26 19 0
DOVCLA3 B. +"RASER„t ,~.. »,r;,, ., ~ BARSAARA J, .81U.BER
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STATE OP4,• ~'T ., ~ ~ ~ ~p°my p~ //l~7 ~L~t:rs•+ ` ar. ,;
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On thH"'~x, ~~~ ay of k.,,,,,,r!~t`' '. , In the yea of 1990 , beforo me '''
,enoterypublic, ~"`
,personally agpeared_DOUCLAS B. PRABER AND BARBARA J FRABER `i
knov.•(f,(~7drni~'tjed to rtu ro be Oa person (r) whoa wne (q rubecAbed to the within
ins)rumenr, sad uknow) Bed to the shot T he Y executed the ame.
A, r,Gr ,^t,,,.,,
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U ~ REALESTATE PURCHASE AND SALE AGREEMENT AND pECEIET FOR EARNEST MONEY
(TN•AwNmbINN ONLYy rnex•e11MN•tlwW AYacN TOP81
N• Ip•w01MMpcOMr•a. V YOUINVE
Wb MaY 24, pp 91 ,
°S ~aar~ ~ ~=>~~=~• _e> , mnnkarwnwnY Eaet Kind St. _ _ _
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cwa Meridian CeunN Of Ada .M.M bp.w e.wlbe Y: trtw 1n ~t A. ~~ ;n nt nrk
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1,SOwere Addition to Meridian
~~
U F~L ANO COMPLETE (FOAL DESGIRTpN MUST BE NSERTEO. ATTACIED qI WPRTEN ON lyE REVERBE HEREOF PRgq TOEYECNICN BY BELLFA. Buw •
Mrtly •u81ab•• broker to N•M owr M• ekwlw• IM wmacl bpM b•Mp1iN of IM pnmbe• 11 uwnwbl• N IM Ym• a a0arlp, a l0 owYKl me NDa tl•xApUw n
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LARNEBT MONEY.
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REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT OR EARNEST MONEY ®~
- - . (This form t wd ONLY by members of the National Asaoelatlon of TORS)
. This Contract stipulates the farms of sale of the prope~ed carelully before aipninp(Ineludin0 inlormetion on revers). This lealegelly binding contract. IF VOU HAVE :
ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. Me rl CI1 an ,Idaho May 24 r /9 9 ~' a
Hepper Homes, Inc.
(herelnaltef called Buyer') apreea to purchase, and the underaipned Seller apreea to sell the lollowinp described reel estate harelneller relerred to ae "premises" s
commonly known as-- East King St. a
Olty pf M2 r1C118n. County or Ada ,Idaho lapallydeecribed aa: Lots 20. 2~ & 99 in Rl nnk ,
e
(A ULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BYSELLER. Buyer s
hereby aulhonzea broker to Insert over hie signature the correct lapel deacriptlon of the premises it unavailable at the time of signing, or to correct the lapel description ra
previously entered If erroneous or Incomplela.) n
EARNEST MONEY.
~. _
•-
(a) Buyer hereby deposits ae earnest money antl a recel t le hereb acknowled ed of _ - -----
:_ P Y 9 , -. : s:. -.. r __,^ ~-- dollars is
" (b- °""~~ )svidencetl by:OCaeh Personal Check ^Csshlars Check ^NoleDw ^or to
(b) Eamaat Money to be deposited in trust account upon acceptance by all ponies and shall ba held by O Llslinp Brokar~~elllnp Broker ^Othar cs
for the benefit of the parties hereto,and $Yll CE W1 riC11P at r (Broker) ce
shall hold the completely executed broker's copy of this apreemenl and Ie responsible for the closing. r,
(c) hall conditions have been met by Buyer, Buyer and Seller apreethet the earnest money(lesa credit report lees, and any other Buyer's costs)aheli bs refunded to BuyerN re
the went the financing eonlempletetl herein by Buyer fa not obtainable. rp
(d) Ths parties spree that Stewart Title Company shall provide eaitl title policy and preliminary report of tommi/msnt and the "cloainp zo
agent"lorihls transaction shell be RanA A[•lcP rman
_ ,y .If a long-term escrow/collection is involved, men the escrow holder shell be zi
•
i. TOTAL PURCNASE PRICE IS L ~ - ~ " ~ ~~~ ~ `s--
.. paYablaas,}QSpwa:.._ - -. _.._~ -._ _--------DOLLARS (E_ .. - ~ ) 22
zs
a' gl^ ---~.. _ -- Caah down, Inclutlinp above Eamaat Money (Cloclnp Doers are additioneB.
.~` za
zs
b. 8>`
_ Balance of the purchase pdca (M.LP. not included).
-2. FWANCINO. This apreemenl is condnpent upon Buyer qualilylnp /or. ~ za
- O FHA ^ VA ^COnventionel OIHA. Purchase loan balance as notetl above for a Dedod of years at % per annum. (11 FHA or VA loan Is sought er
ze
- read the applicable provisions on the reverse side hereol.) Buyer shell pay no more than points plus oriplnatbn Ise 11 any. Seller to pay only the discount zs
points necessary in order to obtain above described financing bm not to exceed
%
_
.
O Buyer to ASSUME and O will ^ will not be requiretl to qualiy loran EXISTING LOAN(S) of approximately S at no more tMn _%with monthly 30
sr
payments of approximately S P O 1 ^ T O I Q Thie apreemenl ^ is O Is not contingent upon Lender releasing SeQer'a liability. sz
Type of loan .Buyer shall apply for such loan or assumption within three (S) banking days alter Seller's acceptance of This aproemant.
i sa
.. OTHER FINANCING, TERMSBCONDITIONS: COnc~
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-: connnpenraee, mcmomg nnenany.z ""~"_-_'-~ az
4. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (il FHA/ VA Ilnancirtp le sought ass Item A td on reverse aide): NSA as
as
tL ITEMS SPECIFICALLY EXCLUDED IN TWSSALE: -. NT/A as
S. COSTS PAID BY: Coate in atldition to those listed below maybe incurred by Buyer antl Seller. Unless otherwise agreed herein,or provitlsd by iaw or required be' lentler, ae
'- Buyer shall purchase Seller's reserve account if loan assumption. ar
^Vea ^No. Pureha...'. cme..wew r...._____.u._..
as
se
50
6r
62
r- ~ Cost of lender or eotla repairs not to exceed E N~A . Olscounl points to be paid ae spread on Tine 2p and 30. SELLER UNDERSTANDS 6a
~: ., fhatasaresu/fo/enyclfyorcounfy)napecflonaF/EMAYSEREOUIREO TOMAKEREPA/RS ro fhspropertyMOMerro comprywlM rneAOUS/npcode WHE7NER ORNOTA 6a
fir,.-- .r..~ SALE/S COMPLETED UNDER TH)S AGREEMENT. ~
pa 7. POSSESSION. Buyer shall he entitled to poeseaalon on I~.cloain0 ^ other . "cloainp" means the tlate on which all doCUmwta are 6s
~.- abhor recorded oraccepted by an escrow agent and the vela proceeds ors available to Seller. Taxes antl water asaeasmwls (using theiwlavailabN aswssmenNae ar
_" bads), rwte, Insurance premiums, interest and reserves on Ilene, encumbrances or oblipatione asaumetl and utilities shall be pro•reted as of se
,. C1051nq .Bayer shall
pay for fuel in talc, amount to be determined by the supplier at Sslbr's expanse. :' sa
d CLOSING. On or before the cloainp date, Buyer and Seller shall deposit with the cloainp spent all lands and instruments necessary to eomplate the sale. The eo
z :.- cbsirtp data shell he no later than - a7U ~. V 2 • ]5~_ st
'.9. ACCEPTANCE. Buyer's olbr is made aublect to the acceptance of Seller on or before 12:00 o'clock midnight of 5 -74-91 , tt Seiler does ez
.W`.'. ". °" not accept this apreemenl within the time specified, the entire Eamaat Money shall be rerunded to Buyeron demand.Seller'e eounlsr oiler (if any)ia made suD)set to the es
u ~ r acgeplanee of Buyeron or before 72:00 o'clock midnight of 5 -2 ~'-91 .TIME IS OF THE ESSENCE OF THIS AGREEMENT. a
~r,,,.~111E.Q9TAlli-A(iENCY1l1SCLOSURE_ALmatimnd a:gNnp thiuasra.mant t+w+eo«+wor!,mgwantne ~...--'--'-°--'-' STar.r.r.'n w
E` 'and theegenPworkinpwiththesellerrepresented S^LLER
~~ ~ol age p .Each party signing this document confirms Ihal prior written disclosure se
~i ' ncywaa rovlded to him/her in this transaction. Each pertytolhiatrenaaction has reatland underetanda the contents of theapancy disclosure brochure Drwioualy er
•' roceiwd.
"-Lietinp Agency: Park Point r'dT y Selling Agency: Ada County I2 dl F. ato •Tnn
Br: Mi a Setv Pn'e: 32. -OOC~~ IIruce Winch phpp,;888-7300 ,p
__'~"/
Buyer:_ i ¢s ~fy+~Cl./
~inwti~
= ~)
'
_r
r
, Bayer:-.
~
Buyer
s Atltlresa: _
Buyer's Phone: Residence Buainese ~~~' ~L.4:K rr
On this date, I/ We hereby approve and accept the sale set fo//rt~~h in
~(pe~ abov
e agre
emrent and agree to carry out ell the terms theraol on the part of the Seller and the rs
z y
:.+- underaipned further apreea to pay a total brokerage fee of ~i c~ iCL /
ry
L Arbr~ TCT ~~/~ to the sho
d B
k
.?
Brokerage lea will be paid in cash unless otherwise agreed in writing. ve name
ro
er(s) for services. Ta
I/We tun rpc owled9e receipt of A lru %opy of tbl5'agrse~ant ai0ne by bosh parties. ~
/ Ye
18
FM _Sallar
/ ""'r jQefe: Seller's Address .~lll1.Q~I
~
P=R'y ~y~'NJ n
Seller ale: 9
/
Seller's Phone: Reaidenca~'~"~~~`! Buainese ve
A true copy of the f~e~np apreemenl, signed by the Seller nd con In ing the full and complete legal deacriptlon of the premises, la y received on this Ye
daY Of
Bu
er
.19
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THE PROVISIONS CONTAINED ON THE REVERSE SIDE OF THIS PAGE SHAL ALSO CONSTITUTE f~., OF THE AGREEMENT OF THE PARTIES. EAC HE PARTIES
~OWLEDGES ADI THIS
AGLREEMEjN7j
I~N ~F/U
~LL. ~/
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e3
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7 - "l
Sal(er~inhiel BROKER
S COPY
.
(„ RE 21 REV. 11/88 as
s+
_ _ _ _. _~_ . _._ . _.._~ ._.,..,,a,o,,, ,,,,,,,,,,,,,o. pu„uw„ yam vY
II requested by lender or otherwise stated herein, the below costa will be paid as indicated. .See Item # /7 on reverse aide.
_ Cush -
Loan Well Pump/Inspect Clry/County
Code Inspect. Contract arM/or
Document Closing
Agent's Long Term Lender or
Escrow Code
Paid By Appraisal Assumpl Inspect. Septic Il required Prep. Fee Fees Repairs
BUYER
WA
SELLER
SRRRE EQUALLY X
.:.cwrrear,,... .,....,...
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,e~+I~ more
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r~w
'e
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1'i°~
h yt~:'
STATE OF,
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On IhM'~
bennnilly
IAVB AND TO H
mr, And ON udd C
Ieotealdpromiwa;
:ct end thow made,
end aamemonu. (11
Da
CLAL PLAT THEREOPe PILED I11
ADA COUNtl~',IDAIiO.}yydyy~`'~,i{!
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{WTTAC7 ABOVa FOR RECORDaVO DATA .'A,'~.
PRASERi Husband and flits,
toCLARBTA~V. BMITR, An
Dnmarriad Perron.
r, }.:!
.;me _t .:
,' County, Sute of Idaho,
~'
i~TO MERIDIAN, ACCORDING
OP PLATS AT PACE 6R,
l
x f r`v , ~,x ^ ,'i'nal,(M1S ,Y,myd~., yx'
said pnmiwe, with their appunenanroa enlo the uld Onntaep), end Onnteep) halo and eulgro
dnee(do) heroby wvenent ro end with the uld Onntw(e), the Orontor(e) la/ara tha owner(s) In fce
promiwe ero froe from dl encumbnttcea,HXCHPT dww to which this wnveyenca ie axprcnly mado
trc done by the Orutee(e); end wb)aet to rowrvadane, roetrictlona, dedlcatione, euemenu, rlghte of
ncord, end genenl uxee end aaeeumanu, (Includes Irtlgetlon and utility uwwmonu, (If any) for
rot dw and payable, and diet OrantoKU will warrant and defend the wme hom all IawNl cleimti
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~~[`~~°` . In~lha year of 1990 . txforo me t
. a notary public,
1NU BARBARA J ~FRASEA
whow name (a) aubwribed to tha wlth(n
exaeuted me ama '
Notary II
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UNIONi PACIFIC R.R.
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