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HomeMy WebLinkAboutMeridian Place Deed Ordiannce Covenantsis , r • HUB OF TREASURE VALLEY • A Good Ptace to Live OFFICIALS JACK NIE MAN N, CIfy Clerk JANICE GASS. Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Weste Water SUpt. KENNY BOW ERS. Fue Cniel MERIDIAN, IDAHO 83642 BILL CORDON, Police Cnief Phone 8884433 GARY SMITH, Clty Engineer GRANT P. KINGSFORD Mayor August $, 1991 Mr. Gary Lee, PE/LS JUB Engineers, Inc. 250 South Beechwood Ave., Suite kl Boise, Idaho 83709 RE: Harmon Property Sewer Dear Gary, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON CKalrman 2onlnB d Planning JIM JOHNSON After reviewing your letter of July 26, 1991 regarding the sewer for the Harmon Property, basically it covers what was discussed and the decisions that were made. There are some items that you and Mr. Barnes should be aware of, one is that the payback would not necessarily be 25X of the Late Cover Fees. The percentage would be determined as to what percent the 550,000.00 was of the total cost of the project, in other words if the project cost (250,000.00 Mr. Barnes's share of the Latecomer Fees would be 20%, if less than 1200,000.00 his share could be more than 25X. Also, under the Ordinance the City has a 10X Administration Fee on the Latecomer's Fees collected. One other item that was mentioned is you will have to cross some other property with the 10th Avenue sewer which unless they helped construct the line would give them an advantage over Mr. Barnes property. The City of Meridian did include the construction of the South Slough Sewer Extension in the 1991/92 Fiscal Year Budget, and unless the bids come in over budget it should be constructed sometime in the early spring. If you have any questions or need additional information, please contact me at City Hall. Sincerely, e C ~ -Clerk C ty of/Meridian, ID. pc: Mayor Councilman Yerrington City Engineer <~ J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telepnone (208) 376-7330 July 26, 1991 Honorable Grant P. Kingsford, Mayor Councilman Max Yerrington City Clerk Jack H. Neimann City Engineer Gary D. Smith, P.E. City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Harmon Property Sewer Gentlemen: I wish to extend my appreciation and thanks to you for taking the time to meet with me on Monday, July 22, 1991, to review the proposed alternatives to provide sewer service to the Harmon property located on Locust Grove Road. on behalf of our client, Jon Barnes of Properties West, Inc., we wish to review some of the points discussed and hopefully agreed upon so that Properties West can proceed with the land acquisition and development. The items that were agreed to were as follows: Item No. 1: Sewer Service Area Based upon the calculations as submitted to the City in a letter dated July 19, 1491, from me to Properties West, it was determined that the 10th Avenue Sewer system is capable of handling an additional 58 acres of service area. These numbers were reviewed during our meeting and were deemed acceptable. It was agreed, however, that the City would allow only the southerly 40 acres of the Harmon property to be severed by the 10th Avenue Sewer. The northerly 40 acres should be serviced by the proposed South Slough Sewer Trunk Extension. Item No. 2: South Slough Funding Properties West has agreed to participate in funding the construction of the South Slough extension from Meridian Road to the northwest corner of the Harmon Property (approximately 1/2 mile of 21" sewer). Mr. Barnes has agreed to contribute $50,000 at the time a construction contract is awarded to begin constructing this portion of the sewer trunk. The balance of the cost of construction may be paid by the City of Meridian if funds can be appropriated in the next fiscal year (1991-1992). Item No. 3: Late Comers Agreement for South Slough Extension Properties West would be eligible to receive pay-back funds at a rate equal to 25X of the hook-up fee assessment as received by the City up to the $50,000 contributed. The amount of special hook-up fee assessment will be determined by the City when all costs can be accurately projected. However, an amount equal to S550 per single family hook-up was discussed. This amount was derived by J-U-B ENGINEERS. INC• z~5o~~~B«~~.a~..a^~a.BUi~e~-BOSe.~a.^o~ Honorable Grant P. Kingsford, Mayor Councilman Max Yerrington City Clerk Jack H. Niemann City Engineer Gary D. Smith, P.E. July 26, 1991 Page 2 evaluating preliminary construction cost estimates and total service area projections for the South Slough Extension. Item No. 4: South Slough Construction Schedule Depending upon budgeting for fiscal year 91-92, the construction of the South Slough could be completed next year. It is anticipated that the design of the sewer extension could be included with the sewer extension from Linder Street to Mitchell Street scheduled for January 1992 construction. we acknowledge that the City would prefer that al! of the Harmon Property be serviced by the South Slough Trunk Sewer but that the City would allow 40 acres of this development to be serviced through the 10th Avenue sewer. It is important to the developer, Properties West, that they be allowed to sewer the first phases of construction into the 10th Avenue sewer for two reasons: 1) the 10th Avenue sewer is available immediately, whereas the South Slough may not be constructed within the near future, and 2) the first phase lots of the Properties West development will be in direct competition with lots in the vicinity that are not required to pay the added $550 sewer trunk assessment for connecting to the South Slough. This extra expense puts this development at an unfair and uncontrollable disadvantage with its competition. Again, we appreciate the opportunity to meet with the City of Meridian to discuss the Harmon Property Development and to review the possibilities for providing sewer service to the property. It would be appreciated if the City could respond to this letter in writing to indicate concurrence with its contents or to further clarify the points discussed above. Please call if you have any questions. Sincerely, J-U-B ENGINEERS, Inc. -~ Lee, P.g,/.~- GAL:Is cc: Jon Barnes, Properties West, Inc. ~~ J-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I Boise, Idaho 83709 • Telephone (208) 376-7330 July 26, 1991 Honorable Grant P. Kingsford, Mayor Councilman Max Yerrington City Clerk Jack H. Neimann City Engineer Gary D. Smith, P.E. City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: Harmon Property Sewer Gentlemen: I wish to extend my appreciation and thanks to you For taking the time to meet with me on Monday, July 22, 1991, to review the proposed alternatives to provide sewer service to the Harmon property located on Locust Grove Road. On behalf of our client, Jon Barnes of Properties West, Inc., we wish to review some of the points discussed and hopefully agreed upon so that Properties West can proceed with the land acquisition and development. The items that were agreed to were as folloxs: Item No. 1: Sewer Service Area Based upon the calculations as submitted to the City in a letter dated July 19, 1991, from me to Properties West, it was determined that the 10th Avenue Sewer system is capable of handling an additional 58 acres of service area. These numbers were reviewed during our meeting and were deemed acceptable. It was agreed, however, that the City would allow only the southerly 40 acres of the Harmon property to be severed by the 10th Avenue Sewer. The northerly 40 acres should be serviced by the proposed South Slough Sewer Trunk Extension. Item No. 2: South Slough Funding Properties West has agreed to participate in funding the construction of the South Slough extension from Meridian Road to the northwest corner of the Harmon Property (approximately 1/2 mile of 21" sewer). Mr. Barnes has agreed to contribute $50,000 at the time a construction contract is awarded to begin constructing this portion of the sewer trunk. The balance of the cost of construction may be paid by the City of Meridian if funds can be appropriated in the next fiscal year (1991-1992). Item No. 3: Late Comers Agreement for South Slough Extension Properties West would be eligible to receive pay-back Funds at a rate equal to 25X of the hook-up fee assessment as received by the City up to the 550,000 contributed. The amount of special hook-up fee assessment will be determined by the City when all costs can be accurately projected. However, an amount equal to $550 per single family hook-up was discussed. This amount was derived by J-{J-B ENGI NEERS. 1 NC. 250 Boutn Beecnwood Avenue, Sure I - Boisa, loaho B~ Honorable Grant P. Kingsford, Mayor Councilman Max Yerrington City Clerk Jack H. Niemann City Engineer Gary D. Smith, P.E. July 26, 1991 Page 2 evaluating preliminary construction cost estimates and total service area projections for the South Slough Extension. Item No. 4: South Slough Construction Schedule Depending upon budgeting for fiscal year 91-92, the construction of the South Slough could be completed next year. It is anticipated that the design of the sewer extension could be included with the sewer extension from Linder Street to Mitchell Street scheduled for January 1992 construction. we acknowledge that the City would prefer that all of the Harmon Property be serviced by the South Slough Trunk Sewar but that the City would allow 40 acres of this development to be serviced through the 10th Avenue sewer. It is important to the developer, Properties West, that they be allowed to sewer the first phases of construction into the 10th Avenue sewer for two reasons: 1) the 10th Avenue sewer is available immediately, wheroas the South Slough may not be constructed within the near future, and 2) the first phase lots of the Properties West development will be in direct competition with lots in the vicinity that are not required to pay the added $550 sewer trunk assessment for connecting to the South Slough. This extra expense puts this development at an unfair and uncontrollable disadvantage with its competition. Again, we appreciate the opportunity to meet with the City of Meridian to discuss the Harmon Property Development and to review the possibilities for providing sewer service to the property. It would be appreciated if the City could respond to this letter in writing to indicate concurrence with its contents or to further clarify the points discussed above. Please call if you have any questions. Sincerely, J-U-B ENGINEERS, Inc. ~~ Lee, P.g,/.~/~. GAL:Is cc: Jon Barnes, Properties West, Inc. R . -- - . _ ~,~f~~//!!'''~ MaR si spa 7f?373i9 c~c--; /ygya.Y K - ~°auyrc.' BUILDING RESTRICTIONS AND COVENANTS MERIDIAN PLACE, Unit 1 KNOW ALL MEN BY THESE PRESENTS: ADA-WEST PROPERTIES, INC, an Idaho corporation, the owner of the property hereinafter described, does by this instru- ment impose upon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instru- ment. Said premises are described as follows: Meridian Place, Unit 1, an addition to the City of Meridian, Idaho, according to the official plat thereof, of record in the Office of the Recorder of Ada C unty, Idaho, as the sa e~ais shown in Book o~~p ays at page ~C,y ~ Instrument N ,~ ~JY Said restrictions and covenants are as follows, to-wit: 1. Said land and the whole thereof shall be used exclusively for residential purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the original platting, without the written approval of the Architectural Control Committee. 2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, as to locations with respect to topography and Finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set back line unless similarly approved. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before construction or alteration is started, and such constructions or alteration shall not be commenced until written approval thereof is given by the Committee. As to all improvements, construction and alterations upon building sites, the Committee shall have the right to refuse to approve any design, plan, floor area or color for such improve- ments, construction or alterations which is not suitable or desirable in its opinion, for any reason, aesthestic or otherwise, and in so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surround- ings, and the effect of the building or other structure or alterationstherein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of the surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability or suitability of such proposed - 1 - structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. Should the Committee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been submitted to it, such approval will not be required and the provisions of this paragraph wil lbe deemed to have been fully complied with. 3. No dwelling shall be permitted on any lot in said subdivision with less than 1350 square feet of space for a single story building or 850 square feet on the ground floor for a two story building, exclusive of attached open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Provided, however, the total square Feet of space to be occupied by all buildings and structures on any lot cannot exceed 358 of the total area of the lot upon which constructed. Provided further, if the City of Meridian should adopt an ordinance that permits the constru- ction of a dwelling with less square feet of space than herein provided, the amounts herein required shall automatically be reduced to the minimum requirements prescribed by any such ordinance. u. No building shall be erected, placed or altered on any lot nearer than twenty (20) feet from the front street lot line, twenty (20) feet to any side street lot line, six (6) feet from the side lot lines, nor six (6) feet from the rear lot line, for the purpose of this covenant, cornices, canopies, eaves, stairs, steps or open porches shall not be constructed upon nor encroach upon easements. 5. In connection with paragraph 4 above, the following structures or projections are permitted within the set back areas therein described: A. Cornices, canopies, eaves, or other pro- jections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. B. Exterior stairs of open design; provided that no such stairs shall project into a required front or side yard more than four (4) feet and into any rear yard more than eight (8) feet. 6. Not withstanding the provisions of paragraphs 3, 4, and 5 above, multiple housing by way of apartments, duplexes, condominiums, townhouses, or similar housing may be constructed and operated upon two (2) or more contiguous lots in this sub- division so long as the set-back lines of said structures are observed from the front and rear thereof, and the outside side lines for the lot upon which each side of the structure is located. Provided, however, if multiple dwellings or buildings are constructed on one or more lots in said subdivision, the side lot line require- ments shall not apply to the newly created lot line if the multiple Swelling shall be divided and sold as a separate dwelling or dwell- ings such as townhouses, condominiums, duplexes or apartments. 7. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected in said tract or on any building site thereof shall be used at any time as a residence, - 2 - temporary or permanent. No structure of a temporary character shall be used at any time as a residence. B. All property will be serviced by public water and public sewer disposal systems. All residences must be connected to these utilities at the time of construction. All platted streets will be paved and provided with concrete curbs-and gutters. 9. Each lot owner shall control the drainage and storm run-off from his lot so as to prevent damage or burden to adjoin- ing property. 10. No nuisances or offensive activities shall be carried on on any builing site or in any structure built thereon, nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood. 11. No building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and disposed of as directed and authorized by municipal authority. 12. Each lot owner shall construct a garage for at least two cars and shall provide for offstreet parking for any unhoused motor vehicles, trailers, and boats. No inoperative motor vehicle or any of its detached parts may be maintained or stored on any premises longer than seven (7) days except in an enclosed garage. 13. Livestock and Poultry: ~Mo animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept pro- vided that they are not kept, bred, or maintained for any commercial purpose. 14. Each of Lots 7 through 14 in Block 1, Lots 1 & 2 in Block 4, and all Lots in Block 5, except Lots 4, 7, 6, 9, and 10, have an easement across the rear or side thereof fcr drainage purposes. The easement across said Lots is of a sufficient width for the purpose of operating, maintaining, and cleaning said drain- age ditch. 15. Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupancy thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. 16. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty (30) years from the date these covenants are recorded; after said thirty (3C) year period these covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by owners of a majority of the build- ing sites within said tract has been recorded, agreeing to the change or cancellation of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial 30 years as stated above, this may be done by an instrument signed by the owners of at least two-thirds of the building sites. - 3 - 17. Enforcement of these covenants may be prosecuted by any owner of any building site within said tract by proceedings at law or in equity against any corporation, Firm, person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 18. The Architectural Control Committee is composed of: David A. Harmon Boise, Idaho Frank E. Youngstrom Boise, Idaho Toseph D. Litster Boise, Idaho A majority of the Committee may designate a represen- tative 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 representatives shall be entitled to any compensation for services performed pursuant to this covenant. No Committee member shall be responsible for any violation of the within covenants and restrictions. At any time the then record owners of two-thirds of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its Dowers and duties. 19. Should any covenant contained herein be rendered invalid by judgment of any Court of competent jurisdiction, such invalidation shall in no way affect any of the other provisions herein contained. 20. The above-described real property of Meridian Place, Unit 1, adjoins property which is or will be subdivided as units of Meridian Place. The roadways, easements and other common facilities covered by Unit 1 plat are subject to the burden of resent and future subdivisions platted and approved by Grantor, both adjacent or contiguous to Unit 1. So far as is practicable, grantor will provide similar building restrictions and covenants for all other Meridian Place Units. DATED this day of Jt..+E 1979. ADA-WEST PROPERTIES, INC. :- .\ I~ , Secretary of Ada OF IDAHO ss. r Press ent On this,'-( day of -r' `. .- 1979, before me, the igned, a notary public in ana o said State, personally - 4 - ~- • • appeared EARL L. HARMON, and RANDALL WALLIS, known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~. Notary ub is or da o Residing at Boise, Idaho sa rv +,_ ~,,. i ~- -'9~ a~_T~_ ~O~ Y ']~i` ~~--~LJU11 -rJ- '4 , . ROUGH DRAFT BUILDING RESTRICTIONS AND COVENANTS MERIDIAN PLACE, Unit 1 KNOW ALL MEN BY THESE PRESENTS: MERIDIAN PLACE LIMITED, a limited partnership, the owners of the property hereinafter described, does by this instru- ment impose upon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instru- ment. Said premises .are described as follows: Meridian Place, Unit 1, an addition to the City of Meridian, Idaho, according to the official plat thereof, of record in the Office of the Recorder of Ada County, Idaho, as the same is shown in Book of Plats at page , Instrument N0. __• Said restrictions and covenants are as follows, to-wit: 1. Said land and the whole thereof shall be used exclusively for residential purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the original platting, without the written approval of the Architectural Control Committee. 2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have beer; approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, as to locations with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set back line unless similarly approved. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before construction or alteration is started, and such constructions or alteration shall not be commenced until written approval thereof is given by the Committee. As to all improvements, construction and alterations upon building sites, the Committee shall have the right to refuse to approve any design, plan, floor area or color for such improve- ments, construction or alterations which is not suitable or desirable in its opinion, for any reason, aesthestic or otherwise, an in so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surround- ings, and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of the surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability or suitability of such proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. - 1 - 3, • • Should the Committee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been submitted to it, such approval will not be required and the provisions of this paragraph will be deemed to have been fully complied with. ~C,~.vc~r-~L Gp~~tCex~ ~=~-`~~"~ ~-~~~~ 3. No dwelling shall be permitted on any lot in said subdivision with less than 1050 square feet of space for a single story building or 850 square feet on the ground floor for a two story building, exclusive of attached open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Provided, however, the total square feet of space to be occupied by all buildings and structures on any lot cannot exceed 350 of the total area of the lot upon which constructed. 4. No building shall be erected, placed or altered on any lot nearer than twenty (20) feet from the front lot line, twenty (20) feet to any side street line, ten (10) feet from the side lot lines, nor twenty (20) feet from the rear lot line. For the purpose of this covenant, cornices, canopies, eaves, stairs, steps or open porches shall not be constructed upon nor encroach upon easements. 5. In connection with paragraph 4 above, the following structures or projections are permitted within the set back areas therein described: A. Cornices, canopies, eaves, or other pro- tections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. B. Exterior stairs of open design; provided that no such stairs shall project into a required front or side yard more than three (3) feet and into any rear yard more than six (6) feet. 6. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected in said tract or on any building site thereof shall be used at any time as a residence, temporary or permanent. No structure of a temporary character shall be used at any time as a residence. 7. All property will be serviced by public water and public sewer disposal systems. All residences must be connected to these utilities at the time of construction. All platted streets will be paved and provided with concrete curbs and gutters. 8. Each lot owner shall control the drainage and storm run-off from his lot so as to prevent damage or burden to adjoin- ing property. 9. No nuisances or offensive activities shall be carried on on any builing site or in any structure built thereon, nor shall anything be done thereon or therein which may be cr may become an annoyance or nuisance to the neighborhood. 10. No building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and disposed of as directed and authorized by municipal authority. - 2 - 11. Each lot owner shall provide for offstreet parking for any and all motor vehicles, trailers, and boats. No inopera- tive motor vehicle or any of its detached parts may be maintained or stored on any premises longer than seven C7) days. 12. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept pro- vided that they are not kept, bred, or maintained for any commercial purpose. 13. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty C30) years from the date these covenants are recorded; after said thirty (30) year period these covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by owners of a majority of the build- ing sites within said tract has been recorded, agreeing to the change or cancellation of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial 30 years as stated above, this may be done by an instrument signed by the owners of at least two-thirds of the building sites. 14. Enforcement of these covenants may be prosecuted by any owner of any building site within said tract by proceedings at law or in equity against any corporation, firm, person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 15. The Architectural Control Committee is composed of: v Earl L. Harmon Boise, Idaho Frank E. Yofdgstrom Boise, Idaho Joseph D. Litster Boise, Idaho A majority of the Committee may designate a represen- tative 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 representatives shall be entitled to any compensation for services performed pursuant to this covenant. No Committee member shall be responsible for any violation of the within covenants and restrictions. At any time the then record owners of two-thirds of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its powers and duties. 16. Should any covenant contained herein be rendered invalid by judgment of any Court of competent jurisdiction, such invalidation shall in no way affect any of the other provisions herein contained. 17. The above-described real property of Meridian Place, Unit 1, adjoins property which is or will be subdivided as units of Meridian Place. The roadways, easements and other commor. facilities covered by Unit 1 plat are subject to the burden of present and future subdivisions platted and approved by Grantor, - 3 - both adjacent or contiguous to Unit 1. So far as is practicable, Grantor will provide similar building restrictions and covenants for all other Meridian Place Units. DATED this day of June, 1978. MERIDIAN PLACE, LTD., a llimited partnership By ADA-WEST PROPERTIES, INC., the .General Partner By President ATTEST: ecretary STATE OF IDAHO ) ss. County of Ada ) On this day of 1978, before me, the undersigned, a notary public in and for said State, personally appeared , and known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation., and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho - 4 - ,. _: _. 6f ,+ E . ~r d '~`~A . . "a t ,, ~v~I ~l ~.. cr ~. ,~~ rvr:c ~~= ~.~ ~ ~,~Y~ -..,~~.,.~.r r q ~~~ U,........ dp 1 :1~~ ~ • ORDINANCE N0. 281 AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL,PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COIINTY, IDAHO, ~ THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS RO TAE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said City certain real property which is described as follows: MERIDIAN PLACE ANNEXATION A tract oY land located in Section 6, T. 3N., R. lE., B.M., in Ada County, Idaho, more fully described as follows: Beginning at the one-quarter corner common to Sections 5 and 6, T. 3N., R. lE., B.M., Ada County, Idaho, said point being the TRUE POINT OF BEGINNING; thence running S. 89°05~ W. a distance of 1,322.10 feet along the Eaet snd _ West one-quarter line of said Section 6 o the Northeast corner of the NW 1/4 ~ of the SE 1/4 of said Section 6; thence running S. 0°07~ E. a distance of 654.51 feet along the Easterly boundsry of the said NW 1/4 of the SE 1/4 of said Section 6 to the Southeast corner of the N 1/2 of the said NW 1/4 of the SE 1/4 of said Section 6; thence running S. 89°20~ W. a distance of 1,322.03 feet along the East and West centerline of the said NW 1/4 of the SE 1/4 of Section 6, to the Southwest corner of the N 1/2 of the said NW 1/4 of the SE 1/4 of Section 6; thence running N, O°1635" W, a distance of 1,966.94 feet along the North and South one-quarter line of said Section 6 to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 6; thence running N. 89°27' E. a distance of 2,647.45 feet along the North side of the S 1/2 of the said NE 1/4 of Section 6 to the Northeast corner of the said S 1/2 of the NE 1/4 of Section 6; thence running S. 0°12• E. a distance of 1,301.32 Peet along the Section line between Sections 5 and 6, T. 3N., R. lE., B.M., Ada County, Idaho, to the TRUE POINT OF BEGINNING. Containing 100.9 acres, more or less, and subject to easements and rlghts- oY-way in use and of record. HARMON PLACE ANNEXATION A parcel of property located in the SE 1/4, Section 6, T. 3N., R. ].E., B.M., Ada County, Idaho, more fully described as follows: Beginning at the ono-quarter corner eommon to Sections 5 and 6, T. 3N., R, lE., B.M., Ada County, Idaho; thence running S. 89°05' W., a distance of 990.0'/ feet along the East and West one-quarter line of said Section 6 to the NE corner of the W. 1/2 of the NW 1/4 of the NE 1/4 of the SE 1/4 of said Section 6, said point being the TRUE POINT OF BEGINNING; thence running S. 0°07' E. a distance of 655.96 feet along the North and South center line of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6; thence running S. 89°20~ W. a distance of 332.03 feet along the South side of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the SW corner of said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6; thence running N. O°07' W. a diatgnce of 654.51 feet along the West aide of the said NW 1/4 of the NS 1/4 of the SE 1/4 of Section 6 to the NW corner of the said NW 1/4 of the NE 1/4 of the SW 1/4 of Section 6; thence running N. 89°05~ E, a distance of 332.03 feat along the North side oY the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the TRUE POINT OF BEGINNING. Containing 5.0 acres, more or less, subject to easements of record or in use. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COIINTY, IDAHO: Section 1: That the aforementioned real property which is described as follows: MERIDIAN PLACE ANNEXATION A tract of land located in Section 6, T. 3N., R. lE., B.M., in Ada County, Idaho, more fully described as follows: Beginning at the one-quarter corner common to Sections $ and 6, T. 3N., R. lE., B.M., Ada County, Idaho, said point being the TRUE POINT OF BEGINNING; thence running S. 89°05' W, a distance of 1,322.10 feet along the East and West one-quarter line of said Section 6 to the Northeast corner of the NW 1/4 of• the SE 1/4 of said Section 6; thence +~~nn~ng S. 0°07~ E. a distance of 654.51 feet along the Easterly boundary. of the said NW 1/4 of the SE 1/4 of said Section 6 to the Southeast corner of the N 1/2 of the said NW 1/4 of the SE 1/4 of said Section 6; thence r,+nn~ng S. 89°20~ W. a distance of 1,322.03 feet along the East and West ceterline of the said NW 1/4 of the SE 1/4 of Section 6, to the Southwest corner of the N 1/2 of the said NW 1/4 1_~5 . ' • ORDINANCE N0. 281 of the SE 1/4 of Section 6; thence running N. 0°1635" W. s distance of 1,966.94 feet along the North and South one-quarter line of said Sectioa 6 to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 6; thence running N. 89°27~ E. a distance of 2,647.45 feet along the North side of the S 1/2 of the said NE 1/4 oY Section 6 to the Northeast corner o£ the said S 1/2 of the NE 1/4 of Section 6; thence running S. 0°12' E. a distance of 1,301.32 feet along the Section line between Sections 5 and 6, T. 3N,, R. lE., B.M., Ada County, Idaho, to the TRUE POINT OF BEGINNING. Containing 100.9 acres, more or less, and subject to easements and rights- of-way in use and of record. HARMON PLACE ANNEXATION A parcel of property located in the SE 1/4, Section 6, T. 3N., R. lE., B.M., Ada County, Idaho, more fully described as follows: Beginning at the one-quarter corner common to Sections 5 and 6, T. 3N., R, ].E., B.M., Ada County, Idaho; thence running S. 89°05~ W„ s distance oY 980.0'7 feet along the East and West one-quarter line of said Sectioa 6 to the NE corner of the W 1/2 of the NW 1/4 of the NE 1/4 of the SE 1/4 of said Section 6, said point being the TRUE POINT OF BEGINNING; thence running S. 0°07~ E. a distance of 655.96 feet along the North and South center line of the said NW 1/4 of the DIE 1/4 of the SE 1/4 of Section 6; thence running S. 89°20~ W. a distance of 332.03 feet along the South aide of the said NW 1/4 of the NE 1/4 oY the SE 1/4 of Section 6 to the SW corner of said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6; thence running N. 0°0?~ W, a distance of 654.51 feet along the West side of the said NW 1/4 of the NE l/4 of the SE 1/4 of Section 6 to the NW corner of the said NW 1/4 of the NE 1/4 of fhe SW 1/4 of Section 6; thence ru r5~o N. 89°05~ E. a distance of 332.03 feet along the North side of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the TRUE POINT OF BEGIPIIVII7G. Containing 5.0 acres, more or less, subject to easements of record or in use. be, and the same is hereby accepted, as requested by the owners, and made a part of the City of Meridian, Ada County, Idaho. Section 2. That the aforementioned real property 3s hereby zoned "A" Residen~ial. Section 3. That the City Clerk shall cause one (1) copq of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 4, This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Zad day of June, 1975. /may Clerk Vii' ~/ PR~ED:: YOR a NOTICE OF ANNEXATION AND zONING HEARING Notice is hereby given, pursuant to the Ordinances of the City of Meridian, that a hearing will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on Monday, June 2, 1975, for the purpose of annexing and zoning the follow- ing described property. Any and all interested parties shall be heard at said hearing. The following described property to be known and zoned as follows: MERIDIAN PLACE ANNEXATION and to be zoned "A" Residential A tract of land located in Section 6, T. 3N., R. lE., B.M., in Ada County, Idaho, more fully described as follows: Beginning at the one-quarter corner common to Sections 5 and 6, T. 3N., R. lE., B.M., Ada County, Idaho, said point being the TRUE POINT OF BEGINNING; thence running S. 89°05' W. a distance of 1,322.10 feet along the East and West one-quarter .line of said Section 6 to the Northeast corner of the NW 1/4 of the SE 1/4 of said Section 6; thence running S. 0°OZ' E, a di,~~a .~... of 654.51 feet along the Easterly boundary of the said NW 1.,,. of the SE 1/4 of said Section 6 to the Southeast corner of lthe N 1/2 of the said NW 1/4 of the SE 1/4 of said Section 6; thence running S. 89°20' W. a distance of 1,322.03 feet along the East and West centerline of the said NW 1/4 of the SE 1/4 of Section 6, to the Southwest corner of the N 1/2 of the said NW 1/4 of the SE 1/4 of Section 6; thence running N. 0°16'35" W, a distance of 1,966.94 feet along the North and South one- quarter line of said Section 6 to the Northwest corner of the SW 1/4 of the NE 1/4 of said Section 6; thence running N. 89° 27' E. a distance of 2,647.45 feet along the North side of the S 1/2 of the said NE 1/4 of Section 6 to the Northeast corner of the said S 1/2 of the NE 1/4 0~ Section 6; thence running S. 0°12' E. a distance of 1,301.32 feet along the Section line between Sections 5 and 6, T. 3N., R. lE., B.M., Ada County, Idaho, to the TRUE POINT OF BEGINNING. Containing 100.9 acres, more or less, and subject to easements and rights-of-way in use and of record. HARMON PLACE ANNEXATION and to be zoned "A" Residential"'°°- A parcel of property located in the SE 1/4, Section 6, T. 3N., R. lE., B.M., Ada County, Idaho, more fully described as follows: Beginning at the one-quarter corner common to Sections 5 and 6, T. 3N., R. lE., B.M., Ada County, Idaho; thence running S. 89°05' W., a distance of 990.07 feet along. the East and West one- quarter line of said Section 6 to the NE corner of the W 1/2 lROSE. RALD & STON r,r+o s ,461 • ~ -- h t of the NW 1/4 of the NE 1/4 of the SE 1/4 of said Section 6, said°point being the TRUE POINT OF BEGINNING; thence running S. 0 07 E. a distance of 655.96 feet along the North and South center line of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6; thence running S. 89°20' W. a distance of 332.03 feet along the South side of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the SW corner of said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6; thence running N. 0°07' W. a distance of 654.51 feet along the West side of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the NW corner of the said NW 1/4 of the NE 1/4 of the SW 1/4 of Section 6; thence running N. 89°05' E, a distance of 332.03 feet along the North side of the said NW 1/4 of the NE 1/4 of the SE 1/4 of Section 6 to the TRUE POINT OF BEGINNING. Containing 5.0 acres, more or less, subject to easements of record or in use. DATED This day of May, 1975. HERALD J. COX City Clerk MBROS E. :ERALD & `KSiON S NND SRS T 4461 ~~TAF~P.~N~'~ ~E~~~D r~:~ ~~.,,,, r.e~~,~„ I d ,i, L, nla^~JP ..,'. ' I r',ADiOk i~. H~RMON, husband and wire, and rlRi; r,. ~'_~ ~P}'~ n~ , ;l_i:,,:~ '.Z. I'i(1NARY, husband and wife, ,~~•,.~ ,~,nnturs du herehe p'ra nt. ha rgaill, Bell ;nu3 rnnc~ea onto '~~~ Cite orTc idi_a. a P°.,~i_cipal Corporation, whose address *a~.-, a tll,^,. ~7A _ County Idaho. to ~~~t tl ~ _ :"~'-r thn 1, ~i Ong r~ ~c rihed Prrmi: eS. - --- --- ', - lard l.oc~itc'd _.., cec. 6, '6;d, R1F., I3oi_se Me: Ldi_an -- i „ a _._~ ^.o ^~ .`.wily ci ~c_ i_bed a follows ., ,~,> the ]_/~~ corner e_.r_ion :_o z;ection S and 6, T3N, R1i,., ., ~ ..~ ... _ ~~~ - . ^' :_,. ,_~"n ~..-.one the Section line common to ~~~~ ; ~_ , ; -~ dista~lcc of 660.15 ft. 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