HomeMy WebLinkAboutMeadow View Sub #1 AUP~ ~
HUBOFTREASUREVALLEY
I A Good Place to Live
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JACKNIEMANN .t,. ~
JANICE GASS.T eu ' CITY OF MERIDIAN
BRUCE D. STUA afar Wada SUpt.
WAYNE O. CROOKSTON, JR., Attorney 33 EAST IDAHO
EARL WARD, Waite Water SUpt.
KENNY BOWERS. Fire Cftlef
MERIDIAN, IDAHO 83642
BILL GORDON, Police Chef Phone 888-4433
GARY SMITH, Clty Engineer
GRANT P. K(NGSFORD
Mayor
June 7, 1991
Mr. Kevin Thompson
1509 Kingswood
Meridian, Idaho 83642
RE: Accessory Use Permit
The fifteen day period for objections to your request for an
Accessory Use Permit for the operation of a part time bakery
in your home has expired. The City of Meridian did not receive
any objection to this request, therefore as Zoning Administrator
for the City of Meridian your Accessory Use Permit is granted.
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MVERS
ROBERTGIESLER
MAX YERRINGTON
CKalrman Zaninp 8 Wanninp
JIM JOHNSON
pc: File
Sincerely,
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that KEVIN J.
THOMPSON, has filed with the Zoning Administrator of the City of
Meridian an Application for an Accessory Use Permit for the
operation of a part time bakery out of his home at 1509 Kingswood,
Meridian, Idaho; said part time bakery would be for specialty
cakes. Comments, either objecting or approving, said Application
must be filed with the Zoning Administrator within fifteen (15)
days after the publication of this notice and shall be addressed
to Jack Niemann, Zoning Administrator, City of Meridian, 33 East
Idaho Street, Meridian, Idaho. If there are no objections to the
Application the Zoning Administrator may grant the Application.
If there are objections filed within the time allowed the Planning
and Zoning Commission shall hold a public hearing on the
Application, after proper notice, and may grant or deny the
Application after making and adopting findings of fact and
conclusions of law.
The property at 1509 Kingswood is more particularly described
as Lot 3, Block 1, Amended Plat of Meadow View Subdivision No. 1,
Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to
AMBROSE.
FIT2GERpLD
B CROOKSTON
Attomeye Ntl
Counseloro
P.O. Boa 1Y7
Meritllu~, Itl~ho
B7Bt2
TMapiwne BBB~N1
submit comments.
DATED this~j f~ day of May, 1991.
f
:CESSORY USE APPLICATION
1). Applicant's name and address:Kevin J ThoylFGOn :509 xingawnnd Ave
Meridian, idaho 83642
2). Owner's name and address:Kevin J Thompson 1509 Kingswood Ave_
Meridian, Idaho 83642
3). Address of subject property: 1509 Kinaswood Ave. Meridian, Idaho
83642
4). Legal description of subject property: (Attach description
if lengthy)T OT 3 BLOCx t of the ~.mandr+d Ria+ F M .a v' ~ tea:=•'~.i`~:1.
according to the plat thr+ranF f;:pd ;n h r zs nP p~atc-~+.^~^°e-.?008/
5). Attach a copy of proof of ownership deed: ~~o~ttachmoet 3
6) Size of parcel or lot: ~s nn x in: a~
7). Present zone of parcel or lot: R-4
8). Principal permitted use: Raaidon+.iwl Simla/MLlt;n7r+ nwall;nn
9). Use made of all abutting lots or parcels: Raa;dentia:
10). Accessory Use requested and describe the use: Hnma nrnn ~+inn +n
bake specialty cakes on a part time bas;G ;n a sana rata lri trhan_
11). Are there other accessory uses of A similar nature in the
area? If so state the location and the accessory use:
12). Names and address of owners of all abuttinq,land owners: (If
lengthy attach a lot
include those across
including kitty corner
property and the other
of owners and address*) (Abutting land
the street on alley ands betweenoyour
where a street or alley
property): PP Att-rhmant ~
13). Do the covenants or deed restrictions applicable to the
c9 *h arc nn _nnnrant
property allow the accessory use?
14). Attach a copy of your covenants and restrictions or any deed
restrictions.
15). State any possible adverse impacts on adjacent property such
as noise, traffic, excess light, odor, etc.: No known or anticipated
adverse im acts.
16). Do you consent to a lien against the property to insure
payment of costs?
17). Do you agree to pay increased sewer, water or trash fees if
such are required due to increased use? vP~
18). Has the fee of $80.00 been attached hereto? Yes -
19). If the accessory use includes construction of a building on
the lot or parcel complete the following:
a. Will all parts of the accessory building be
located within the lot or parcel? Yes
b. Is the primary building already constructed? amiss
c. Is the accessory building to be attached to the
primary building?
d. Will the accessory building be constructed in the
rear yard of the primary building? yes
e. Will the accessory building occupy less than 408
of the required rear yard for the primary
structure? yes
f. If the answer to a above is no, will the accessory
structure be connected to the primary structure
and will both the primary and accessory structure
then meet all yard and court requirements?
g. Does the heighth of the accessory building exceed
15 feet? No
h. if the lot or parcel is zoned commercial, is any
abutting property zoned residential and if so,
will the accessory use occupy any of the front
yard? N/A
20). If the accessory use is for a Family Child Care Home,
complete the following:
a. is a State of Idaho basic day care license
required for this type of facility? if so,
attach a copy of your license.
b. Have you applied for or received an occupancy
permit? If so attach a copy of your application
or permit.
c. Is one off street parking space per employee
provided?
d. If the home is located on an arterial or collector
street is an off street child pick-up area
provided?
e. Is screening of adjacent properties provided?
f. Is the play area for the children fenced from
streets and neighbors? If so what is the fence
height .and type of construction?
21). if the accessory use is for a home occupation, complete the
following:
a. Are only family members residing in the
principal residence? ~~
b. Is the use of the residence as a home occupation
incidental and subordinate to its use as a
residence? Yes
c. Will the home occupation use more than 258 of the
floor area of the dwelling? No
d. Will any item be offered for sale that is not
produced by the dwelling occupants of the
premises? No
e. Will electrical or mechancial equipment be
installed other than such as is customarily
incidental to domestic use? No, Only intended eauipment
includes oven, refri qp ratnr anA Franacr
f. How much traffic will be generated by the home
occupation? None anticipated. Product Witt he ~tet;.,ered
t0 CUStOmer anon rnm~lotinn_
g. Will off street parking requirements be met? N#~
h. Will equipment or processing create noise,
vibrations, glare, fumes, odor or electrical
interference detectable to normal senses off the
lot or parcel? No
i. will the dwelling be altered or the occupation
conducted which would cause the premises to
differ from its residential character? If so, how?
No
•
C1
J
22. Regardless of the type of accessory use applied for, please
attach a drawing showing the boundaries of the property,
structures located on the property and the proposed location of
the use. in case of Family Child Care Home include location:
DATED THIS 5th DAY OF May, 1991 , 1988.
Joseph Thompson
STATE OF IDAHO,)
ss.
COUNTY OF ADA, )
On this day of r 1988, before me,
the undersigned, a Notary Public in and for said State,
personally appeared
known to me to be the person(s) whose names
are subscribed to the within instrument and acknowledged to me
that (he, she, they), 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.
SEAL Notary Pu 1c or I a o
Residing at Meridian, Idaho
_. +
~..
.__.__
S 200 80830-5
ATTACHMENT 1
Order gp-93123
THIS DEED OF
19.89.... The gronloris
..S.0.p e.x.a.te... R.x.Rpg
.._R€....Aa ~...G.R1l0.ty.
kt a eh. i a a t an... F.e.d
undtt the Isws of.. The,
Isar. Assn tiss tsa. Tw a.raaa trsbl
DEED OF TRUST
mmrnt'71a made OII ..... ~ an
„ThpmP.§.3.O.e...R, ...W.0.x.A
("Borrower"). The trustee is
is
The beneficiary ie
nixed and existing
Borrower owes Lendtt the principal BUm of'. ~.F.QR.TY....TIiAU.SJIwu...C.+.va±..n.uuuuu...u..+.........r.+ ..................
•~aaaat •s::at+++::aa•:s Donau(u.s.saa..S.0.0..ilA:.........}This debt is evidenced by Borrowtth note
dated the same date as this Security Instrument Note 7, which provide for monthly psymenu, with the full debt, if rrot
paid earlier, due and payable on .+;./<.hF.KA.xY.... a...~.Q.~.9 ......................................................... This Security instrument
secures to Lender. (e) the repayment of the debt evidensd by the Nole, with Interest, end ell renewals, extensions end
modifications; (b) the payment of all other sums, with interest, advenad under paragraph 7 to protect the esurity of this
Security instrument; and (c) the performance of Borrower's tovenanu end egrcanrnu under this Security Instrument and
the Note. For this purpose. Borrower irrevocably grrnu end conveys t0 Trusts, intrust, with power of ule, the following
described property located in.......... Ada ....................................................................................................... County. Idaho:
The Land Referred to in this commitment ie located Sn the county Of
Ada State of Idaho and described ae follows:
Lot 3 in clock 1 of the amended plat showing Meadow View Subdivision,
according to the plat thereof filed in book 35 of Plata at Pages 3008-
3009, Records of Ada County, Idaho.
which has the address of ...,>,5.Q.4...Ki P,9 a wpod,,, Ave n ve„t,,. Me,r i d i am .............................~ ,,,,,,,,,,,,,,,.,,.,,,,,,,,,,~
IStrwil 1 bl
Idaho ......83642 ........................................ („Properly Address");
Iziv teal
TocetxER WITH all the improvements now or hereaBtt erceted on the property, end ell easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stsk end all fixtures now or
hereafter a part of the property. All replacements end additions shall also be covered by this Security instrument. All of the
foregoing is referred to in this Ssurity Instrument es the "Property."
BORROWER COVENANTS that Borrower IS 18wfully 3elSGd Of the Wbte hereby conveyed end has the right 10 grant
end convey the Property end that the Property is unrncumbered, except for rncumbrances of record. Borrower warcants
and will defend generally the title to the Property against all claims end demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use end non-uniform covenants with
limited variations byjurisdiction to constitute a uniform security instrument covering rsl property.
IDAHO-SlnRle Family-iNMA/FHLMC UNIFORM INSTRUMENT Form 3013 12/83
UNIFORM COVENAa1'14. Borrower and Lertder txevmant and agrceufollows:
1. Payment of Principal end Interet Prcpayaseat and late ~rge0. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Texe and luurance. Subject W applicable law or m a written waiver by Lmdtt, Borrower shall pay
to Lender on the day monthly payments ere due under the Note, until the Note is paid in full, a sum ("Funds") equal to
one•twelRh oC (a) yearly lees and assessment which may attain priority over this Security Instrument (b) yearly
leasehold payment or ground rent on the Property, if any; (c) yerly hazard imurence premiums; and (d) yeuly
mortgage insurence premiums, if any. Thee items are called "escrow items." Lmdtt may admale the Funds due on the
buffs of current data and reasonable estimate of future escrow items.
The Funds shall beheld in an institution the depositor aceount of which arc insured or guarenleed by a &deral or
sere agency (including Lender if Lender is such an iutitullon). Linder shall apply the Funds to pay the escrow items.
Lender may not charge for holding end applying the Fund0. analyzing the aceount m verifying the escrow items, unless
Lender pays Borrower interest on the Funds and applicable law permit Lmdtt to make such a charge. Borrower and
Lender may agree in writing that interest shall be paid on the Funds. Udess an agrcemml is made or applicable law
requires interest to h paid, Lender shag not be required to pay Bortower any interest or eminga on the Funds. Lender
shell give to Borrower, without charge, an annual aceounting ofthe Funds showing credit and debit to the Funds and the
purpose for which ech debit to the Funds was made. The Funds are pledged u additional security for the sums secured by
this Security InsWment.
If the amount of the Funds held by Lender, together with the future monthly payment of Funds payable prior to
the due dates of the eurow items, shall execed the amount required to pay the escrow items when due, the excess shall be,
at Borrower's option, either promptly repaid to Borrowtt or credited to Borrower on monthly payment of Funds. If the
amount of the Funds held by Lender is not sufiicimt to pay the escrow items when due, Borrowtt shall pay to Lender any
amount necessary to make up thedeficiency in one or more payment u required by Lender.
Upon payment in full of all sums secured by this Security Iustrommt, Lender shall promptly refund to Borrower
any Funds held by Linder. If under paregreph 19 the Property is sold or acquired by Lender, Lender shall apply, no later
than immediately prior to the ale of the Property or it acquisition by Lender, any Punch held by Lender at the lime of
application u a credit against the some secured by this Security Inatroment.
3. ApplleaBoa of Payments. Unless spplitwbk law provide ONerwise, eU payment received by Lender under
paregraphs 1 and 2 shall be applied: firaq to late charges due order the Notu; second, to prepayment charges due under the
Notr, third, to amount payable under pangreph 2; fourth, to interet dug and tut, to principal due.
4. Charges; Liana. Borrower shall pay all toes, asseastnenb, charge, Srw and impositions attributable m the
Property which may attain priority over this Security Inatromm0. and leasehold payment ar ground rent, if any.
Hortower shall pay rhea obligation in the manner provided in paragraph 2, a if not paid in that manner, Borrower ahUi
pay them on time directly to the person owed payment. Borrower shall promptly famish to Linder all notices of amouns
to be paid under this psregreph. If Borrowtt makes these payment dircUly, Borrower shell promptly furoiah to Lender
receipts evidencing the payments.
Borrower shall,promptly diuharge any lien which hu priority over the Security Instrument unless Borrower. (a)
agrees in writing to the payment of the obligation secured by the Bm N a manner acceptable m Lender; (b) coolest in good
faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to
prevent the enforcement of the lien or forfeiture of any pert of the Property; or (c)secures from the holder of the Iim en
agreement satisfactory to Lender subordinating the lien to this Security Intrommt. If Lendu dUermines that any part of
the Property is subjttt to a lien which may ettin priority ovtt this Security Imttummt, Lender may give Borrower a
notice identifying the lien. Bortowtt shall utisfy the Iim or take one or more of the actions oat forth above within Ill days
of the giving of notice.
S. Hmrd insurance. Borrowu shall keep the improvement now existing or herelter erected on the Property
insured against loo by fire, haurda included within the term "extended coverage" and any other hazards for which Lender
requires insurence. This inurance shall be maintained in the amount end for the periods that Lender requires. The
insurance carrier providing the insurance shall be chosen by Bortower aubjeM to Lender's approval whkh shall not be
unreasonably withheld.
All insurance policies and renewals shall be aceeptble to Lettdtt and shell include a Uendard mortgage claux.
Lender shall have the right to hold the policies and renewals. If Lmdtt requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the iuurence
carrier and Lender. Linder may make proof oFlou if not made promptly by Borrower.
Unless Lendtt and Borrower otherwise agree in writing, insurence proceeds shell be applied to restoration or repair
of the Property damaged, if the restoration or repair is econamicdly feasible and Lender's security is not lessened. It the
restoretion or repair is not economically feaiible or Lender's security would be lessened, the irmurmce proceeds shall be
applied to the sums secured by this Security Instromenq whether or not then due, with any excess paid to Borrower. if
Borrower abandons the Property, or does not answer within 30 days a notice from [.ender that the inurence certitt hu
offered to settle a claim, then Lender may collect the insurance proceeds. Lendtt may ne the proceeds to repair or rotors
the Property or to pay sums severed by this Security Insiromm4 whether or not then due. The 30-dsy period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application ofproceeds to principal shell not extend or
postpone the due dale of the monthly payments referred m in psregrapls 1 and 2 or chmge the amount of the payments. If
undtt paregreph 19 the Property is acquired by Lender, 8orrowtt's right m any insurance polcies and proceeds resulting
from damage to the Properly prior ro the acquisition ehaB pee m Lender to the extort of the Bums semred by this Security
Instrument immediately prior to the acquisition.
6. Preaervadon aed Malntenaoce of Property; Leaseholds. Bortowtt shall not destroy, damage or substantially
change the Property, allow the Property to deteriorate or commit wets If this Security Instrument u on a leasehold,
Borrower shall comply with the provisions of the leax, and if Borrower acquires fce title to the Property, the Imsehold and
fce title shall not merge unleu Lender agrees to the merger in writing.
7. ProteUlon of Lender's Right in the Properly; Mortga~ Ineoranee. If Borrowtt fails to perform the
covenants and agreements runtined in this Security Inalroment or there is a legal proceeding Thal may significantly e1feU
Lender's rights in the Properly (such u a proceeding in bankruptcy, probate, for condemnation or to enforce two or
regulations), Ihm Lender may do and pay for whatever is nceesaery to proteU the value of the Property and Lender's rights
in the Property. Lender's actions may include paying my soma secured by a lien which hu priority over this Security
Instrument, eppuring in court, paying resonble attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 7, Lender dos nor have to do so.
Any amounts disbursed by Lender under this paragreph 7 shall become additional debt of Borrower secured by this
Semrity Instrument. Unless Borrowtt and Lender agree to other terms of payment, these amount shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, open notice from Lender to Borrower
requesting payment.
If Lender required mortgage innrence v a condition of making the ksmt secured by thb Security Imtrumm6
Borrower shall pay the premiums required to maintain the imsurenm in asset until ouch time as the requhement far the
insuren« terminate in ecmrdan« with Borrower's sod Lerrder'a written agroemart or applimble law.
g. InspeMim. Lender or its agent may make rmaonabk entries upon and inapationa of the Property. Lendtt
shall give Borrower notice et the time ofor prior to en inapatioa specifying reasonable cause for the inspection.
9. Comdemnatloe.. The proceeds of my award or claim fw dsmagea, direm or mnaequmtiel, in connation with
eny cmdemnation or other taking of auy part of the Property, or for conveysnce in lieu of condemnation, ere hereby
assigred end shall be paid to Lender.
In the event of a total taking of the Property, the proc«da ahaB be applied to the sums secured by this Security
Instrument, whether or not then due, with any exams paid to Borrower. In the event of a partial taking of the Property,
unless Borrower end Linder otherwise agree in writing, the auras secured by this Semrity Instnment shall bt reduced by
the amount of the proceeds multiplied by the fallowing ftactim: (a) the total mnonnt of the aumn secured immediately
before the taking, divided by (b) the fair market value of the PropMy immediakly before the faking. My belm« shell be
paid to Borrower
if the Property u abandoned by Borrower, or if, arttt noti« by Linder to Borrower that the condemnor ofitta to
make an award or settle a claim for damages, Borrowtt fails to respond to Lendtt within 30 days eRer the date the roles is
given, Lender is aulhonzed m mBat and apply the procends, at id option, eithtt to «atontimt or repair of the Property or
to the sums secured by this Security Instnment, whethtt or ram then due.
Unless Lender end Borrower otherwise agr« in wAting, any applimtion of proceeds to principal shall not extend or
postpone the due date of the monthly peymenb referred to in peregnpha 1 end 2 or chenge the amount of such payments.
10. Borrower Not Released; Forhearance By Linder Not • Waiver, Falension of the time for payment or
modifimtion of amortization of the sums soured by this Security Imtnment granted by Lender m any successor in
interest of Borrowtt shall not operate to release the liability of the original Borrower or Borower's successor in interest.
Lender shall not be required to commrn« proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Seenrity instrument by rmeon of any demand made
by the original Borrowtt or Borrower's successor in interest. My forbmnnce by lender in exercising any right or remedy
shall not be a walverof or preclude the exercise ofeny right or ranedy.
11. Suc«eson and Assigns Booed; Joint sad Seven) Lability; Co-algeen, The covrnants and agreements of
this Security Instrument shall bind end benefit the succesaon and assigns of Lendttand Borrowtt, subject to the pmvisiona
of paragraph t 7. Borrower's mvrnants and agreemrnro shall bt joint and several. My Borrower who co-signs this Security
Instnment but does not execole the Note: (s) if co-signing this Saurity Instrument only m mortgrge, Brent and convey
that Borrower's interest in the Property under [he tertns of this Seenrity Instnment; (b) is not personally obligated m pay
the sums secured by this Security Instnmenq end (c) egrep that Lender and any mher Borrower may agr« to mtrnd,
modify, forbear or make any eccommadations with regard to the terms of this Security Instnment or the Note without
that Borrower's mount.
12. Linn l;hugm. If the loan secured by this Saurity Instnment is subjat ro a law which seta muimum loan
charges, end that law is finally interpreted so that the intermt or other tom charge collated or to be collected in
connection with the loan exceed the permitted limiu, then: (a) any such loan charge shall be «duced by the amount
necessary to redo« the charge to the permitted limit; and (b) any sums already collated from Borrower which mceeded
permitted IimN;`will be ief•.reded to Borowtt. Lrndtt may choose to melee this ttPond by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund redttcm principal, the reduction will be trmted as e
partial prepayment without my prcpaymrnt charge under the Note.
13. I.egisletion AReMing Lender's Rights. If enamment or expintim of applicable laws has the eRat of
rendering any provision of the Note or this Saurity Instrument unmforcmble according m its terms, Lender, at iu option,
may require immediate payment in full of all sums seenred by this Security Instnment and may invoke my remedies
permitted by paragraph 19. If Lendtt exercises this optim, Lender shall take the steps specified in the second peregreph of
paragraph t7.
14, Noti«s. Any notice to Borower provided for in this Security Instroment shell be givrn by delivering it or by
mailing it by first class mail unless appBmble law rcquirm uu of anothu method. The notice shall be diraled m the
Property Address or any other address Borrowtt designates by noti« to Lendtt. My notice to Lendtt shell be given by
first class mail to Lrndtt's address stated herein or my other address Lrndtt dmigralm by noti« to Borrower. Any noti«
provided for in this Security Instnment shall6e d«medla have been given to Borrower or Linder when given as provided
in this paragraph.
15. Governing Iaw; Sevenbility. This Saurity Imwmrnt shell be governed by federal laa and the Isw of the
jurisdiction in which the Property is limted. In the evrnt that any provision or dauu of this Saudty Imtnmrnt or the
Note conflicts with applimble law, such conflict shell not Mat othtt provisions df this Saurity Instnment or the Nok
which can be givrn eflat without the conflicting provision. To this and the provisions of this Saurity Instnment and the
Note arc dalared to be severable.
16. Borrower's Copy. Borrowtt shall be given one conformed copy of the Note sod of this Saurity Instnment.
17. Transfer of Ne Property or • Benefleial Interest is Bortowtt. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natant
person) without Lender's prior written mount, Lender may, at its option, require immediate payment in full of all soma
secured by this Security Instnment. liowevtt, this option shall not be exercised by Linder if exerciu is prohibited by
federal law as of the dale of this Security Instnment.
If Lender exercises this option, Lender shell give Borrower noti« ofecmlentim. The nmi« shell provide a period
of not less than 70 days from the dale the noti« ie delivered or mailed within which Borrower must pay ell sums semred by
this Saurity Instnment. If Borrower fails to pay then sums prior ro the expiration of thin period, Lendtt may invoke any
remedies permitted by this Saurity Instnment without further noti« or demand on Borrower.
18. Borrower's Right to Rehutate. If Borrowtt metta certain conditimta, Borrower shell hsve the right to have
enfor«ment of this Saurity Instnment discontinued at any time prior to the mrlitt oC (a) S days (or ouch othtt period ea
applimble law may spaify for reinstetemmt) before sale of the Property pursumt to eny power of nle contained in this
Saurity Instrument; or (b) miry of ejudgment enforcing this Security Instnment. Thou conditions ere that Borrower:
(a) pays Lrnder all sums which then would be due under this Security Instnment and the Note had no acoeleretion
oaurted; (b) cures any default of any other covenants or agreemrnts; (c) pays all exprnsm incurred in enforcing thin
Saurity Instrument, incWding, but not limited to, reasonable attorneys' fee; and (d) tales such action ea Linder cosy
reasonably require to essur: that the lien of this Security Inatnmenp Lender's rights in the Property end Borrower's
obligation to pay the sums seared by this Saurity Instnment shall continue unchanged. Upm reinatatemmt by
Borrower, this Security Instnment and the obligations enured hereby shall rcmeia Nlly eRective u if no u«lention had
a«urred. However, this right to reinstate shall na apply in the au of eccelentien under puagnphs I7 or 17.
NON-UNIFORM COVENANTS. BDROWer and Linder furthercovmanl and agrce a follows:
19, Accelentloa; Remedies. Leader shall gire aotke ro Borrower prior ro aceelendon following BorrowerY
breaeb of any mrmnt or agreement h Mb SeenNty Ilmlretheat (but sot pNor ro aecelentlos ceder pangnphs 1J and 17
neless appligble law proride otherwise). The nodes ahW sped: (U the tkholq (b) Me acNoo regnired to cure the
default; (c) ^ date, trot les thq 70 days from the desk the sodce b ghee ro Borrower, by which the default most be cured;
and {d) that failure to enre the dehult on or beferc the desk epceifled ie the eotlce may rewlt ie aceelendoR of dre scam
scenred by this Seenrity Iwirummt red sak of the Property. The eofke Shall further inform Borrower of the Nght ro
reinstate aftce aceNention and the Nght to 6Nag • rouN aedon ro amen tbe eoem:btence of a defanlt ce Soy other
defense of Borrowce ro aece!enNm red axle. If tbe deholt b sot cued on ar before We date apce{fled is the Rotlce, Lender
at ih option may require Ieuoediak payment le full of W wen tetitrW by thb Scenrity Inatnment witbout Portbce
demand and may invoke th! power of axle and my other rmeedks permitted by appllg6le law. Lender shall be endtled to
mllert all expereea incurred In pnnulag the remedie provided h fhb parcgnph 19, including, but not limited to,
reasonable attorneys' fees and roan of tlde eridgce.
If Lender invoke the power of We, Lender shall e:eente or pose Trustce to ezeente wNttm eotlce of the
eecumnrc of en event ofdefault and of I.coder's eleMloa to pose die Property ro be sold, and shall pees Such notice to be
recorded iR Bch Bounty iR which qy part of the Property b logted. Lender or Trwfce shall malt copies of the: ootiee e
prescribed 6y appllgbk bw to Borrower and to other person prescribed 6y appligble bw. TnNce ahNi sire public
notice of sale to the persona and in the manner prescribed by appdgble law. After We limo required by appligble law,
Tnetee, without demand on Borrower, shall kd the Property et public anetloe to the highert bidder et the time and plea
and under the terms designated in ebe RoNce of sale b one or more parcels arM to any order Trustee determine. Trostq
may postpone role of ail or any parcel of the Property 6y pe6lic gnouecemeot at the time sad place of any previowly.
scheduled sale. Lender or its designee may purchase the PrdpeRy at any wie.
Trustee shall delher to the purcheer Troatce's deed conveylog the Property without any grenaet or warranty,
expremed or impded. The recitals in the Troetee's deed shall be pNma facie evidence of the tnth of die ebtementa made
therein. Trustee shall apply the proceeds of the role in the following orders (U ro all ezltenaee of the sale, tncinding, but not
limited to, reasooable Trustee's qd attorneys' fees; (b) to all raw eetured by this Security InslrumeRfl and (c) qy excee
to the person or persona legally entitled ro it.
20. Lender in Possession. Upon acceleretion under paragraph 19 or abandonment of the Property, Lendce (in
person, by agent or by judicially appointed receiver) shell be entitled to inter upon, take possession of and manage the
Properly and to collect the rmta of the Properly including those peat duE. Any renn rnllceted by Lender or the receiver
shall be applied first to payment of the cwu of management of the Property and mllcetion of renn, including, but not
limited to, receiver's fees, premiums on receiver's Gonda and rcnonable attorneys' fees, and [hen to the sums secured by
this Security Instrument.
2t. Reronreygce, Upon payment of all Soma secured by thin Security Instrument, Lender shall request Tnstce to
rcconvey the Property end shall surrender this Security Inalrommt and all notes evidencing debt secured by this Security
Instrument to Trustce. Trustee skull reconvey the Properly without wsmnty and without charge to the person or persons
legally entitled to it. Such person or persons shall pay any «coNation awn.
22. Sobsdtuk Trnstce. Linder may, for any region w quaq from time ro dine remove Trwtce and appoint a
successor tnstce to any Tnutce appointed hereunder. Without emtvryance of the Property, the successor trwtce shall
succeed to all [he title, power and duties conferred upm Truatce herein and by applicabk law.
23, Area and I.oglion of Property, Either the Property )s ow more than tweety acres in arq or the Property b
logted within an inmrporeted city or village.
24. Bidets ro this SeeuNty IeshvmgL (tone or more Ndm arc executed by Borrower and recorded together with
this Security Indtrument;'fhe covenants and agreemmn of each Such Nder Shat) be incorporated into and ahNl amend end
supplement the'covenants'and agrcements of Ihis Sceurity lwtroment a if the Nder(s) were a part of this Security
Inswmen[. (Check applicable box(es)]
^ Adjustable Rate Rider ^ Condominium Rider ^ 2~ Family Rider
^ Greduetcd Payment Rider ^ planned Veit Development Rider
Other(s) (specify] ADDENDUM
BY SIGNING BELOW, lorrower eCCepl6 end agree 10 the term6 end covenants connived in this SecuNl
Instrument and in any rider(s) executed by 1orrower and rceord t it. Y
-Sarrowar
...(Seel)
7ATE OF IDAHO,....... (~ arias Tlar Uitr ~ a4naawdeaantl
.................. .. .. .... .. .. .. .. .000nIy Sf:
Onthis .........................day of....................... ............ 19....,
before me........... ...........
......................................... a Nwsry Public in avid for said county and
state. Personally appeared ....................................... .............................
known or proved to me to be [hc person(s) who executed the foregoing instnmenl, and acknowledged to me that
.. he.. executed the same.
In witness whereof I have hereunto set my hand and alflxed my oll)cial sql the day and yqr in this certitigte
firs) above wNlten.
......................................................
trwwr Belk 1rWlaa ah
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is Ihe. holder of the note or notes secured by Ihis Deed of Ttvst. SSW norc a notes, together
with all other indebtedness secured by this Deed of Trost, have been paW in full. You arc hereby directed ro cancel
said note or notes and this Deed of Trust, which arc delivered hettby, and to «tronvey, witlwu[ mrranty, all the
estate now held by you under this Dced of Trust to the person or persons leplly entitled thereto.
Aare :... ........ .. .... ...... .......
~DDENDUM TO UNIFORM DEED OF ~ST
Loan NO. 98 200 80830-6
Addendum attached to and forming part of Deed of Trust of even date by and between
+.+ Kevin Joaeph Thompson, a married person as sole and as Grantor;
Seperate Property
Pioneer Title Company of Ada County as Trustee;
and WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION, as Beneficiary.
Uniform Covenant Number 2, the third paragraph is amended to read as follows
If the amount oT the Funds held by Lender, together with the future monthly
payments of Funds payable prior to the due dates of the escrow items, shall
exceed the amount required to pay the escrow items when due, the excess shall
be, at Lender's option, either promptly repaid to Borrower or credited to
Borrower on monthly payments of funds. If the amount of the Funds held by
Lender is not sufficient to pay the escrow Rems when due, Borrower shall pay
to Lender any amount necessary to make up the deficiency in one or more
payments as required by Lender.
Uniform Covenant Number 18 is amended by changing the final period to a comma
and adding:
or if acceleration is made by Lender and a judicial foreclosure has been commenced.
Non-Uniform Covenant 21 is revised to read as follows:
21. Reconveyance. Upon payment of all sums secured by this Security
Instrument, Lender shall request Trustee to reconvey the Property and shall
surrender this Security Instrument and all notes evidencing debt secured by this
Security Instrument to Trustee. Trustee shall reconvey the Property without
warranty to the person or persons legally entitled to it. Such person or persons
shall pay any recordation costs, and reasonable trustee fee for reconveyance.
Non-Uniform Covenant Number 25 is added if the box herein is checked:
~ OCCUPATION OF PROPERTY. The following actions constitute a default:
1. Failure by borrower to occupy said premises within (10) ten days of closing.
2. Failure by borrower to continuously occupy the said premises for 180 days after
the first occupancy.
3. Providing any false, inaccurate, or misleading certifications, whether
deliberate or unintentional, and whether made by vendor or borrower, which
lender relies upon for the granting of this loan.
lender may waive, in writing, Items 1 or 2 above upon application by borrower.
Defauk as herein provided will resuR in acceleration per Uniform Covenant 19 above.
Date: January 26 19 69
S
STATE OF
Idaho
COUNTY OF Ada
( )
On this 26th day of January 19 es before me, the undersigned, a Notary Public
in and for the State of Idaho ,duly commissioned and sworn, personally appeared
Kevin Joseph Thompson
to me known to be the individual No described in and who executed the foregoing
Instrument, and acknowledged to me that signed and sealed the said Instrument
as hie free and voluntary act and deed, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed the day and year in this certificate above
written.
Notary Public for the State of
LO-41 1/88 Residing al
a!~
PROTECTIVE COVENANTS •
RUNNING WITH IAND
MEADOW VIEW NOil
Dated: August 6, 1974
Recorded: November 5, 1974
Instrument No. 904930
ATTACHMENT 3 •
This indenture and declaration of covenants running with the land, made
this 6th day of Au ust, 1974, by Meridian Associates and N.A.N. Inc.
General Partner
WITNESSETH:
WHEREAS, said parties are the owners in fee of Meadow View No: 1
an addition to Ada County, Idaho , as recorded in Volume
33 of plats, page 2001 ~ 2002 records of Ada County, which property
is located in Ada County, Idaho , and
WHEREAS, it is the desire of said parties that said covenants be recorded and
th tefore
s I~ IS HEREBY MADE IINOWN TNAT,gaid parties do by these presents make,
,•..'
establish, confirm and hereby impress upon Meadow Vtnw N~ i
an addition to Ada County, Idaho , according to the plat
thereof recorded in Volume ~'3~, of plats, page 3007 6 3008--records of
Ada County, Idaho , the which property is all located in Ada County,
Idaho the following protective covenants to run with said land, and do
hereby bind said parties and all of their future grantee,assignees, and
successors to said covenants for the term hereinafter stated and as follows:
1. The area covered by these covenants in the entire area described
above.
~' No lot shall be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain on any lot other
than one detached single-family dwe111ng not to exceed two stories in height
and a private garage for not more than two cars.
3. No dwelling shall be permitted on any lot at a cost of less than
$10,000.00 based upon cost levels prevailing on the date these covenants
are recorded, it being the intention and purpose of the covenant to
S ~ Instrument No. 9.30 •
Page 2
z
.assure that all dwellings shall be ofa quality of workmanship and
materials substantially the same or better than that which can be produced
on the date these covenants are recorded et the minimum cost stated herein
for the minimum permitted dwelling size. The ground floor area of the
main structure, exclusive of one-story open porches and garages, shall
be not less than 780 square feet for a one-story dwelling, nor less than
700 square feet for a dwell'
in of mor a
e th n on stor
8 e ofa t
y wo stor build in .
Y
No building shall be erected g
placed, or altered on any lot until the
construction plans and specifications and a plan showing the location of the
structure have been approved bg the Architectural Control Committee as to
quality of worlmanship and materials, harmony of external design with existing
structures, and as to location with respect to topography and finish grade
elevation, No fence or well shall be erected, placed or altered on any lot
nearer to any street than the minimum building setback line unless similarly
~ approved. Approval shall be as provided in Paragraphs 4 & 5. The Architec-
tnral Control Committee is composed of:
Name Address
Merton N. Gribble _ 3901 120th P1 N E Marysville Wash
Nancy B. Gribble 3901 120th PI N E Marysville Wash
r~ Stanley L. McHonald 10099 Saaramore Ave Boise Idaho
Acanajority of the committee may designate a representative to act for it.
In the event of death or resignation of any member of the committee,
the remaining members shall have full authority to designate a successor.
Neither the members of the committee, nor its designated representative
shall be entitled to any compensation for services performed pursuant to
this covenant. At any time, the then record owners o: a majority o~ the
lots shall have the power through a duly recorded written instrument to change
the membership of the committee or to with draw from the committee or to
restore to it any of its powers and duties.
4. The Committee's approval or disapproval as required in these covenants
shall be in writing. In the event the committee, or its designated repre-
sentative, fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to
enjoin the construction Chas been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be deemed to
have been fully complied with.
5. These covenants are to run with the land and shall be binding on all
parties and all persons claiming under them, unless an instrument signed
by a majority of the owners of the lots has been recorded, agreeing
to change said covenants in whole or in part, for a period of thfrty (30)
,~
Instrument No. 904930
Page 3
years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of ten
(10) years.
6. No building shall be located on any lot nearer to the front lot line
or nearer to the side street than the minimum building setback lines
shown on the recorded plat. In any event no building shall be located
on any lot nearer than 20 feet to the front lot line, nor nearer
than 20 feet to any side street line. No building shall be located
nearer than 5 feet to an interior lot sine. No dwelling shall be located
on any interior lot nearer than ZO feet to the rear lot line. For..the purposes
of this covenant, eaves, steps and open porches shall not be considered
as a part of a building, provided however, that this shall not be construed
to permit any portion ouabuilding on a lot to encroach upon another lot.
7. Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat and over •the-rear
seven and one-half feet and five feet wide along all lot frontages adjacent
to streets. 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 maiatenance of utilities, or which may change the
,r,~~i~ption of flops of draiq~g~ 4~lypaels in the easements, or which may obstrucc
rt~,,.$r"{etard the flaw of wat~F Fhrou~h drainage channels in the easements. The
easement area of each lot and a;l 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.
8. No noxious or offensive activity shall be carried on upon any lot nor
shall anything be done thereon which may be or may become annoyance or
nuisance to the neighborhood.
9. No structure of a temporary character, trailer, basement, tent, shack,
garage, barn or any other outbuilding shall be used on any lot at any time
as a residence, either temporarily or permanently.
10. Any dwelling or structure erected or placed on any lot in this sub-
division >~hall be completed as to external ap erance, including finish
painting, within nine (9) months from date of start on construction except
for the reasons beyond control in which case a longer period may be
permitted.
11. No sign of any kind shall be displayed to the public view on any lot ex-
cept one professional sign of not more than one square foot, one sign of not
more than five square feet advertising the property for sale or for rent,
or signs used by a builder Co advertise the property during the construction
and sales period.
-12, No lot shall be used pr maintained as a dumping ground for rubbish,
trash, garbage or other waste shall not be kept except in sanitary containers.
All incinerators or other equipment for the storage or disposal of such
~ material shall be kept in a clean and sanitary condition.
13. No individual water supply system shall be permitted on any lot.
14. No oil drilling, oil development operations, oil refining, quarrying
or mining 8perations of any kind shall be permitted upoa or in any Lot,
nor shall oil tanks;:~ wells, tunnels, mineral etcavations or shafts
be permitted upon or in any lot. No derrick or other structures designed
for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any lot.
15. No individual sewage disposal system shall be permitted on any lot.
16. No fence, wall, hedge, or mass planting, other than foundation planting,
shall be permitted to extend nearer to any street than the minimum setback
r.' 7'. }ins, except that aoth~.ng shall prevent the erection of a necessary
,~ „r r, retaining wall, thg top 9f Tfhl9h`does not extend more than two Beet above
;' the 'finished grade at the back of said retaining wall, provided however,
that no fence,wall, hedge, or mass planting shall at any time, where
permitted, extend higher than five feet above ground.
17. Lot area and width. No dwelling shall be erected or placed on any lot
having a width of less than 60 feet at the minimum building setback line
nor shall any dwelling be erected or placed on any lot having an area of
less than G000 square feet.
18,•• Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any covenant either
to restrain violation or to recover damage,
19. Invalidation of any one of these covenants by judgment or court order
shall in no wise affect any of the other provisions which shall remain in
full force and effect.
IN WITNESS WHEREOF, the undersigned have affixed their signatures.
r~
ATTACHMENT 2
ADJACENT PROPERTY OWNERS:
Raymond Boozel, 1441 Kinswood Ave. Meridian
Robert Miller, 1521 Kingswood Ave. Meridian
Sybil Withrow, 1442 Kingswood Ave. Meridian
Sheryl Shephers~d~71 Fox Hollow Irvin, CA. 92714
Micheal & Luann Losh, 1522 Kingswood Ave. Meridian
Glenn Holladay, 2662 W. King Rd., Kuna 83634
Joyce Taketa, 11993 Jody, Boise 83704
James & Lois Bussey, 7201 Valley Hghts, Boise 83705
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