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MERIDIAN CITY COUNCIL MARCH 19, 1991 PAGE #3 Motion Carried: All Yea: The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for John Jacobs: Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRINGS SUBDIVISION, BOESIGER, INC.: Kingsford: I will now open the Public Hearing, is there anyone from the public who would like to offer testimony. Hearing no response I will close the Public Hearing. Giesler: There is a question here about a ditch, do we know if that has been taken care of yet? Mike Preston, with Hubble Engineering representing Mr. Bcesiger. At the Planning and Zoning Hearing the Settlers Canal issued a statement that, they would approve one of two things, either to pipe the ditch or to grant an easement on our side of the ditch for the settlers canal.Along those existing lots in Glennfield #2 that abutt it there are seven or eight lots there that we would grant an easement to the settlers canal company on our side, just through that part. Then whoever develops the remaining property they should be required to give an easement. Kingsford: Eng. Smith have we made any progress with getting that portion piped through Glennfield #2? It is my understanding that there is some controversy between the residents there, some wanted pipe, some don't want pipe. Eng. Smith: Don Smitchger mentioned that he may, they were thinking about piping the portion at least on the north side of Sandalwood Drive, he didn't say anything about the south side. Kingsford: If we got that portion piped that's been in question would it be in our best interest to have this portion piped? Preston: i might mention that the portion just to the north of Crystalsprings is open and gains access the same way that we are proposing. Eng. Smith: Then what you are saying is that you will continue the access easement on Crystalsprings property to a point at the southwest corner of Glennfield #2. Preston: That's correct. Eng. Smith: And then there would have to be a crossing of the ditch so that they could get to the access road on the east side of the ditch. Preston: Yes, we would go a little bit south of the southwest corner of #2 so that they could then put some sort of a crossing structure in. Myers: We never got an answer on whether or not that should all be tiled. What's the chances of getting it all tiled? Eng. Smith: I'm not sure where we stand from a standpoint of having anyone involved with tiling the ditch besides Settlers Irrigation District. Along the east side of MERIDIAN CITY OOUNCIL MARCH 19, 1991 PAGE #4 Glennfield #3 which is of course beyond the boundaries of Crystalsprings Subdivision. They have mentioned that they would like to pipe it but they don't have the funds to do this. Unless some kind of a deal could be worked between Settlers and other parties that were involved in that subdivision, I don't know of any other method to get the pipe installed. The developer of #3 I've heard is not interested in participating in piping of the ditch, now I haven't talked to him specifically. He did have to give up 18 ft. of ground there for easement that basically is going to be a line of weeds. Myers: It looks to me like if we had that piped from where it goes into where #3 is on the north side of Sandalwood all the way back to Cherry Lane probably is where it should be done. Maybe if we could get these folks all together maybe we could get that all tiled down as far as to where you folks are. Preston: That was very much in our interest. We didn't want to pay for the entire cost of that pipe. We would certainly welcome the City's participation all that you can to help us there. The thing we don't want to happen is to hold up our entire plat until someone else agrees to do something. We would very happy to work with the City or someone else to get that tiled. Tolsma: What's the plan for that drainage ditch on the west side of that property? Preston: It will remain open and fenced out. Tolsma: Is there an easement or right of way on that? Preston: Yes the Bureau of Reclamation has a easement. Giesler: There is a number of comments that came from the City Engineer about the number of lots. Preston: These were addressed at the Planning & Zoning Meeting and we concur with Mr. Smith's comments. We are going to drop one lot in one area to make certain that we get our 70 ft. frontage around the culdesac. Trie Motion was made by Tolsma and Seconded by Myers to approve the preliminary plat subject to preparing an 18 foot easement and hopefully working out arrangements to the that prior to building. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PUD GENERAL BY GEMTOI~, INC. Kingsford: At this time I will open the Public Hearing, hearing no response I will close the Public Hearing. The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law for Gemtone, Inc. for a conditional use permit. Roll Call Vote: Yerrington - Yea; Myers - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Meridian City Council 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 7:3® o'clock p.^., on March 19, 1991, for the purpose of reviewing and considering the Replication of MRX BOESIGER, INC., for a preliwinary plat of 121 single fawily lots in Crystalsprings Subdivision which land is 1/4 wile west of Linder and North of Cherry Lane, and adjacent to Sunnybrook Fares on the west and adjacent to Glennfield Manor #3 and #4 on the east; the land is described as a portion of the Southwest 1/4 Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Rda County, Idaho. R wore particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public cowwent will be taken and is welcowe. DATED this~~ day ofi2~-~, 1991. N NOTICE OF 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 February 12, 1991, for the purpose of reviewing and considering the Application of MAX BOESIGER, INC., for a preliminary plat of 121 single family lots in Crystalsprings Subdivision which land is 1/4 mile west of Linder and North of Cherry Lane, and adjacent to Sunnybrook Farms on the west and adjacent to Glennfield Manor #3 and #4 on the east; ttre land is described as a portion of the Southwest 1/4 Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. A more particular legal description of the above property is on file in the office of the City Clerk of .the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this~_~~~j day of January, 1991, AMBROBE, FITZGERALO d CROOKSTON AllorneYa Nd CounsNOn P.O. Boy 12] Marl0lan, IdMo B9N2 TslaDlane 8B8-~M1 ADA COUNTY HIGHWA S16 EAST a7TH BTREET BOIBE. IOAMO BS71f4 Ada County Highway District Commission To: Date: Development Services From: Subject: Y DISTRICT Inter-Department Correspondence February 8, 1991 PRELIMINARY PLAT -CRYSTAL SPRINGS SUBDIVISION (Max A. Boesiger Inc. , 6479 Glenwood, Suite A, Boise ID 83703) FACTS & FINDINGS: 1. Crystal Springs is a 121-lot single family residential subdivision located on the north side of Cherry Lane, west of Linder road; 5,493-feet of new public streets are planned. 2. Cherry Lane is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes . Cherry Lane has 50-feet of right-of-way (66-feet is required), and is improved with 24-feet of paving. 3. Nyborg Way, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 4. The unnamed stub street, abutting parcel, from Sunnybrook Farms No. 2 has 50-feet of right-of-way (which is adequate), and is fully im- proved. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 33-feet of right-of-way from the centerline of Cherry Lane abutting parcel. 2. Curb, gutter, 5-foot sidewalk and match paving shall be constructed on Cherry Lane abutting parcel. Improvements shall be constructed to a 52-foot back-to-back street section. 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. C RYSTAL..3/DST ECH 2-14-91 PRELIMINARY PLAT -CRYSTAL SPRINGS February 8, 1991 Page 2 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. 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. 9. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. 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 . 6. Existing irrigation and drainage systems shall be continued across par- cel 7. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 10. A right-of-way permit must be obtained from ACRD 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: DATE OF COMMISSION APPROVAL: Pat Dobie, P.E. CKYS'I'AL. t /I)ti'I'k]C l1 2- 14-BI S~IVISION EVALUATION ~ET Proposed Development Name CRYSTAL SPRINGS City MERIDIAN Date Reviewed 2/7/91 Preliminary Stage XXXXX Final Engineer/Developer XUBBLE ENGR /MAX BOESZGER INC. Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHOy~~SvT'!A/CODE. choose another name not continuous X a cFM ~ P/1-1~1~ Date 2 -?'~/~ The Street name comments listed below are ma a by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followinn existing street names shall appear on the olat as: _ "W. CHERRY LANE "N. NYBORG WAY" "N NYBORG PLACE" cannot be used because intersecting streets cannot have the "N WATERFALL PLACE" cannot be used because intersectinY streets cannot have the same names. The followingnew street names are aooroved and shall apoear on the plat as: "N. WATERFALL AVENUE" "N. SPARKLING PLACE" "W. RAINWATER COURT" "W STORMCREEK COURT" and "W ST~ORMCREEK DRIVE" cannot be used because thev (~ It t~' J have them divide at the deeo culdesac~and have them approved by the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. , ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representative Dw ~`J. P2l- ~L Date ~ q atec/~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1f!! Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS Piee~,°. vr:oaia' s cart ~ - ` ~ 1.~.z g~ MERIDIAN P & Z FEBRUARY 12, 1991 PAGE #3 specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian; Limiting to four the number of access points off of Fairview Avenue East of North Hickory Avenue, access points to be on the commn lot lines. That any Conditional Use granted by conditioned on compliance with the conditions herein and that the Conditional Use be revoked for failure to comply with the conditions. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON CRYSTALSPRING SUBDIVISION: Johnson: I will now open the Public Hearing, is there anyone present who wishes to address the Commission, if so please come forward and be sxorn. Duane Gugin, 1692 Todd Way, was sworn by the attorney. Gugin: I have a few questions. I live in the subdivision to the west of this proposed subdivision. What are the prices ranges of these homes? Johnson: We don't have prices, we have lot sizes. Minimum footage is 1400 sq. feet, so your probably looking at around $80,000. to $90,000. price range. Gugin: Question number two, I believe that Mr. Boesiger proposed to build another subdivision on the southwest corner of Linder and Cherry Lane approximately six months ago. Did that pass may I ask? Johnson: Zt passed, but he dropped it. Gugin: 120 Units is not a great deal and yet I have one question, in Sunnybrook Farms at the present times, during the summer especially we have a water pressure situation out there where it is very low, what is this going to do to our subdivision? Johnson: That's a good question, I don't think anyone here is able to answer that. The City Engineer is the one to answer that. You could contact him concerning this water pressure problem. Hoesiger: We are looking at between $95,000. and $125,000. price range. Gugin: With only one access into this what is this going to do to the traffic pattern? Cherry Lane is already congested. Also this 120 homes is not going to help our schools. Are they going to offer help or prorate help in pursuant to their subdivision to our schools? Johnson: That's something that you need to ask the schools. Johnson: At this time we'd like a representative to come forward so we can ask some questions please? Mike Preston, with Hubble Engineering, 420 Bitteroot Drive, was sworn by the attorney. Preston: In relation to Mr. Smith's comments, we can concur with the conditions put on us in relation to the various technical issues. Explained on one of the culdesacs they will be taking one home out as to meet the width requirements. We are proposing to install eight street lights. We are also proposing to complete MERIDIAN P & Z FEBRUARY 12, 1991 PAGE #4 the irrigation system in the same format that we understand the City required of the Cherry Lane Project. In relation to the traffic situation, I concur that the traffic on Cherry Lane certainly will handle this amount of traffic, it does add a little over 1,000 cars per day. Up in our northeast corner of our subdivision the Settlers Canal runs through there and next to the Glennfield No. 2 Subdivision because of the way that was constructed there is a problem with access. Read letter from Settlers and read the two alternatives stated by Settlers'. The canal company has never gained access from this property they have always been able to get into it from the other side. We don't feel like we should be penalized for something that wasn't built correct. We have expressed this to Settlers', and have stated that we would be in agreement to work with them. I would encourage that maybe a condition be put on the plat that at least Settlers' work with us on this to get the problem resolved. Alidjani: Asked about some of the Engineer's comments. Preston: Essentially what we are saying is that we can concur with all the Engineer's comments. The lots will all be 8,000 sq. foot, they will all have 70 foot minimum width. The technical specifications on sewer and such we concur with Mr. Smith and we have no problem with getting those resolved. ACHD did approve this subdivision with two site specific requirements. One being, dedicate 33 feet of right of way from the center line of Cherry Lane, and two is curb, gutter and a five foot side- walk and match paving constructed on Cherry Lane, improvements shall be constructed to a 52 foot back to back street section. We will concur with both of these. Rountree: What are you proposing as far as landscaping or harms along Cherry Lane? Preston: At our entry we will have an island which will be landscaped. It doesn't show it on the preliminary plat but it will be there. There will be a harm along Cherry Lane which will be maintained by the property owners. Rountree: On your preliminary plat it talks about any storm water drainage thats greater than that that can be handled by the existing drain, it says its going to be handled in detention basins, I don't see detention basins shown on the plat. Preston: They are along the drainage, they are hard to see. We've modified our thinking since then and will probably have some pond systems right next to the drain. There will be a detention system. Rountree: You show a tie in to a street in Sunnybrook which would require some type of structure accross Nine Mile, is that going to be culvert, bridge, or do you know at this point? Preston: We're certain that we can get by with a culvert at that point. Hepper: Are you going to be doing this in phases? Preston: Yes probably at least four phases. First Phase will be about 32 or 33 lots. Hepper: You stated you'd have similar irrigation system as Cherry Lane, is that to have the dry lines first and then later on hook up the system? Preston: We weren't involved in that, but that is our understanding, yes. MERIDIAN P & Z FEBRUARY 12, 1991 PAGE #5 Hepper: Is that what you have in mind for this is dry lines for the first phase? Preston: if that meets the City Standards, yes. Crookston: Are you planning on a mandatory property owners association? Preston: Yes. Johnson: For the record, what is your understanding of the average value of a home? Preston: Mr. Boesiger indicated $90,000 to $125,000. in that ball park. Johnson: Did you have any discussions at all with Engineer Smith about water pressure? Preston: No. Johnson: Anyone else to testify? Debbie Moss, 1890 Kristen Way, was sworn by the attorney. Moss: Explained concerns about traffic problems on Cherry Lane. Johnson: Anyone else to testify, hearing no response I will close the Public Hearing. Rountree: As I understand it the comments from ACRD state that they are to improve Cherry Lane at this access point, is that right? Clerk Niemann: Yes, they have approved it. Johnson: I think that the traffic speeds on Cherry Lane should be something that is referred to the City Council and maybe the TransportationCommittee. Johnson: I will Open the Public Hearing again to enter into the record a letter received from Mark W. Crane asking that the Settler's ditch that runs along the east boundary be tiled. The Public Hearing is again closed. The Motion was made by Hepper and seconded by Shearer to recommend approval of the Preliminary Plat on Crystalspring Subdivision provided that the issue of the ditch is resolved with Settlers irrigation and the comaenta of all other agencies and staff. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY JOHN JACOBS FOR ONE CHAIR BARBER SHOP: Johnson: Is there any one present who wishes to testify, the Public Hearing is noa open. I will enter .into the record a letter received from Don 6 Nancy. Brigham in opposition to this request. John Jacobs, 1432 E. 2Z Street, was sworn by the attorney. Jacobs: I'm proposing a one chair barber shop for my wife, she has had a business in town since 79 and this is just a relocation. We will have off-street parking for two cars. All customers are by appointment only, she has four to five days a week with customers. ~ r Max Boesiger, Inc. Preliminary Plat Crystalsprings Subdivision C O M M E N T S l: Ada County Highway District: Nothing received as yet: 2: Central District Health: Can approve with central water & sewer: 3: Nampa Meridian Irrigation: All laterals & wasteways must be protected, _ drainage must be retained on site, Nine Mile Drain is a Federal Drain. 4: U.S. West: request 10 ft. easement along all front & rear property lines and 5 ft. easement along all side lot lines: 5; City Engineer: See comments attached. 6. Police Department: No problems; 7: Sewer Department: Sewer line indicated between Lots 12 & 13 Blk 1, should be reviewed, can this line run to the North end of project. 8. Letter from resident of the Area. 9. Settlers Irrigation; See Attached Letter; 10: Public Hearing held February 12, 1991 before the Planning & Zoning Commission Commission recommended this be approved provided that the issue of the ditch be resolved with Settlers Irrigation and that the comments of all other agencies and staff be adherred to. 000 a ~_ ~a C J 096v~"~c.,-~.a,c,a- ~o~. 97Zet,~.e~,.,., , Z.D 8~v6 yZ .owy,. $ I~ 1 9 g l ~~ ~~. ~ ~ i72e~u.oLaaw~. , ZO 83 G ~l02 ~A.2. . ~~ 5~~ ~ .tea/ 4. ~~. ~ .a~-~,~:.~ ~'~" ~."~' ~.~ ~ ~ ter.. ~ rn~ ~.~,, , cti a~ ,A~ .~e.a..~G~ ~,.,.,.~.~ .tea. ~ rte.. ~ ~ ~ ~ ~ ~- ~. -~ ~e.?w~~^a -Vie.-~.. ~u.~.e. .,~:a., . ,tee ~'~'~,a--~:.~- ~.e ~..~.c~ ~ ~,.~ .~rilw G%f.P~ll{~4Y1~ ~ ~ .1~ ~ce.~a'L 79v. 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CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # v 1. Return to: _ Boise Eagle ~ Meridian _ Kuna ACZ 2. _ We recamiend denial of this proposal. 3. _ Specific knowledge as to the enact type of use must be provided before we can cartrent on this proposal. 4. _ We will require rtare data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can crnnent concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. ,/ We can approve this proposal for: _/Central sewage Interim sewage Individual sewage _ Comminity sewage systan and%Central water Individual water _ Camiunity crater well. 8. / Plans for `Central sewage Camrmity sewage system Sewage dry lines, and vC.entral water Comrnmity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. `~ Street runoff is not to create a rtpsquito breeding problan. 10. _ This department would recmmend 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 systan MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be sutmitted fora plan review for any (food establishment)(beverage establishnent)(swdmning pools or spas)(grocery store). 13. 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RS ~ 4 S \ ~ ~T ~'^ T ~r (r~n~+ ~C ic0e~v `+~= w~ `h~Q .f~ a. ~o r+ ~ A ~ o- N w S (/1b ti1 ~ D n ~~ 3 a ~ S C A S~ ~~ ~ C T J 3 9' N~ O ppp ~ O t 0 _ c ~ ~ N .J ~ p ~T Z TrT ~ ~ N ~- ~ ~ ~ p O ~ ~ ~ H a a O _~ ~ p at ~ S C 3 W N tll S ~C _ ~ ~ ~a r ~ ~ r _ s Z -r- ~ ~+ ~ ~„ o H• ~• h 9 4 -~ ZS' ~ D c N ~ ls' } °0 S ~ A kt 3 6£~ S II O A r. ~ S ~~ .r'o a fl~ t c~ ~ ~ h ~ w ° s ..c 3 s• ~ s S ~ ~ h ~. ~ ,~ ~~ 3 g °S~'x o~ ~ N N. T S T ~ C ~ K m Kb 4 0 ~ ~ D ^ 9 - o' Y ~ o - ` _ y` ~ ~ g " ~ H M s o fl 3 S A .n Sl s s ..~ 3 do 0~ S q ~' t f i56 ~'• T O 3 '~ h S Oo •'R ~ •h s• h c ~ ~ t 3 p 3~ 0 3 ~^ z ~ ~ ~ ~ . 3 & a : s i ~ ~ g ~ y ~ a ~ ~ S T ~ ~ ~ ~t C N F ~ ~ , S ~ H ~ • ~ 3 M S 1S ~ A Y. SL ~ ~ ^ a e Vj . Tw ,~R. +° fl ~ ~ ., ~ A n C < ~ ~ ' 'h ~ s K i ' s R M [xTJ H z v z ~ ~ P '~tl C Z K H ~ N H r 3 n ~' 1 CIJ 4 "rJW O N • ~ ~ ~ 7 , p ~ C+] LT1 H n ~ • UI • ~~ ZHHZ ~ Z M G r t H~ H~W~ h ~ O ~ yy L*1b H ~O07 h7 O H ~ ~ Kx ~ ~ yz ~ xy~~~r K ~ - ~ °x ~- ~° ~ a n r x y n ~ H c z K ~ N ~ M r .. ~ ° z z o ~~ .. q4 z '~ K ~o N H d H ro z • H ~W z ~ ° ~~ F N O ~ ~ M ~~ ~ SETTLERS' IRRIGATIDN DISTRICT P. O. BOX 7571 BOISE. IDAHO 83707 PHONE 344-2471 Mer:.3iar, lannina ~ `Lonincr ~~ F.a:;~ Idaho - - Meri,i; gin, Idat.o 8?642 F:e: Frei i ~:il;ary flat-Chrystalsprings Subdivision ~lem:;ers oY ;,he dommission: _. eair.tenal:ce purposes, the Doard of Directors of :=ettlers _lcrat~on District requires access along our canal which border; the proposed i:hrystalsprings 5ubdivisi.on on its (the s~.~bdivis,'or, si easterly boundary. There are two ~crr,atices: 1) Tile .*.he canal from the southeast corner of Glennfield Manor #3 southward along lots 4 ;hru 8 of Glennfield Manor #2 constructincr a i,ri_dae to aiicw us access to the west. side of *_he canal from. _~ right-<~:Y-wav on the east si~i~_. - - '? Leave an 19 foot. easement (from the bank) :ai.ona the west side of the canal. _" you ~.ave anv ~auestions regarding this matter, please contact lion Smitrh~xer, Chairman at x338-5558. :; i.nc~~re1?; , ~~ ~ ~~~ Don .nri_t,~',~;er Chairman ;i~ttler s ". c l~;ation District DS/v~ ~-. C/ EJ `~ 1 ~~• g• ELI ~ I I I~ ~ I ~( ~( I( I~ I ~ ~ I I I ~ I I q ~7r ~r 1R~p p~i rp,• ~r• K r w 4 ~,p,Re r y K R 5 ~ ~ O ~ ~ 7 7 ~ ~ ~ M p., ~ ~a' ,~ py 1p u• ~ ~f -rit rO, ~ r7 ~C .p ~ ~Ey ~i M c r~ ~• ~'~ ~. G n M ~• fr ~G ~C ~ ~ 1~ ~ of 57~ ~ o .. `~ 7 nn ~ BPS O r ~ +~ f0' .p R M R [ M H~ ~C A ~ ~O ~ d O ~ ~ R N C~ (~tI R O~ ~ 6 ~ m w .T r n o n Z P C• ?. R O 7 ~ R 6 7 ~ ~ r n ~ ~ ~ d ~ ~• ~ ~ r. R Rp ~~' C~+9 [xTJ ~ ~ ~~ ~ ~ W 7 R ~ ~ H SV ~gC R H~ M~ p H r r ~ K ~ ~ n z czi ~~ ~ ~ ~ r y ~~ ~ v ~ ~ ~ z ~ ~ ~ ~ y~y ~ C W N ,b O ;U 4 z K ~ H z ~ ~ N ~ FC H ~o H ~o rn r H r O .e nR ~b ~~i' KmK Ot ~R~~~t ~t~zF H R m ~ m • c ~"`zz~ rn oC ~ x '~ m ,b R H Q L $~ xye ~~ ~~) F E E c ~4~ ~O n~r~~ HzG~.. Q ~ K m O Oo zxR~ K ti o ~' 7.' C[.' Y t+7 ~~ mr °z~ r N H H z r t~] r k ~w d H C H H 0 z E n r• M ~. Qa E b7 0 [TJ H t+1 H z n H tl7 H ~* O N 7. H d ~ G7 qqro z ~ ~, z m ~ R 4+ W w N g •g•~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~~ c~ n m ~• Q py, r• ~~ppp py, n b7 ~ e ~ ~~r ~~p ~ ~j Wpp7~~ ~ ~ p~~ ~C ~, ~ ~ p j'~D~C `~ ~J M pV, Y Y ~C 7 F n ~j ny 7 R E f., ~ ~,. .. n yF• R ~yy ~pS ~ ~ ~{ ~ p P ,., ~~ 7 p ~ 7 O f, K cn ~r '.~ ~ r o n r. 0 m r B m ~• CT's Q~ ;* ~'4 n ~ r~ :~ ~ ~. J~ ~ ~ ~ ~ ~ Y p RQ r ~, ~~ ~K ~ ~~ ~' `~ v ~ v d H N K m E A ~t d n b M [=7 Cn m w o ~ c A o r ti .., a r ro tp w 'Y N P O A ~. ~ ry ry H n < P er w a n r• E n A W a ~ a A ~ n N ~ r r n ao ro ~ C N p ~ H O ~ W r O h x '3• 4 -V! J~ K ~K M•~T N R f0 ~n Qr n~ O H x ~`{ N ~p ~ O C rty ~~ x 'Y O f x~ °z; z O H x C H H N I I I I ( I l4 I I` v d " r ~ V ~• d ~ SO t+ ~ cyn z$.. e~ ~ ~~ y r x ~~ M K r r ~ N -" .' }S+ m z M r Ci] H r K C ~ b7 O H oo H C E H z z ~' N H Z z z ~ ~ ~ fi+ ;L C N y~ Q ~ z K H z ~' L7 N H r x •• o ro ~ ~ H H L=7 H ~ z NOTICE OF 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 February 12, 1991, for the purpose of reviewing and considering the Application of MAX BOESIGER, INC., for a preliminary plat of 121 single family lots in Crystalsprings Subdivision which land is 1/4 mile west of Linder and North of Cherry Lane, and adjacent to Sunnybrook Farms on the west and adjacent to Glennfield Manor #3 and #4 on the east; the land is described as a portion of the Southwest 1/4 Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. A more particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this/~ day of January, 1991. AMBROSE, FITZG ERALD 6 CROOKSTON Atlomaya arM CouneNOro P.O. Box 1Z7 Mer181an, IGaho 8381Y Telephone 8881181 ~~~ 5 ~ ~ ~ ~ ~ ~ ~ R ~s ~ $ n p• ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ q 8, ~p tr R r• -r• K ~ r• IG ,.~ R r 4 k ~ ~ n6q r. r~p ~ 1g ~ -~•~ fpC~ y0. pO~. ~ Ski {{g~~ ~1 1pCp 16p? ~p y ~c ~~pp rr R C 7 Oq W n. ~ ~ R 7 7 ~R r~1 R ~~ R ~. N rf O Y• W '~ ^ n o ~ 771v' N ~'f n r• m r• ~ ~j ~T ~ ~ ~ ~ ~ ~1 ~~~ cN~~~~~~~~~~ ~ ~ Oo n .•. w n R ~ rMn C r. H N R ~ K r• r• ~ R R z ~ ~• ~ R ~ ty m ~p ~ ~r n ~ 7 ~ ~ brr 2• w W ~, a' rt r ~ r ~N rp N O R ~ ~ `•d '~ ACC 7 Ko 1-' ~ H 1% d H Ft WW't, Y ~ '" '~p~7 R z O ~ K '' ? t% H ... ~~ ~ ~ z ~ c~ en $ ~ ~ ~ a N ~ O xl 4 z k H Z r q ~ N ~ z H io r ~ rn r yy f~R K W ~ SH O~ ~ GyO ~~ ~ ~ [tl ~ n ~ ~n ~~ ~H ^:n cn ~~ ° y ye~ z M H 1y ~ ~ ~ ~ z ' h7 x y O ~ `~ [TJ ,~ tr1 L=]t7 z m E~ •n2 ~ r• C° °° ~ n < ~ i z z ~ yg ~ i ~ m xy ~o ; ~ ~ ~ ~ ~ a ~ ~ °a ~° xx m n ~ x y a ~ z ~K ~ o H r H K ~ a ° ~~ z ~n z RUBBLE ENGINEERING, INC. 7025 Emerald Suite 200 Boise, Idaho 83704 January 15, 1991 Mr. Jack Neiman City Clerk City of Meridian 33 E. Meridian Meridian, ID 83642 RE: Crystalsprings Subdivision Dear Mr. Neiman: (208) 322-8992 • Fax (208) 378-0329 We are pleased to submit a complete application for the Crystalsprings Subdivision for Max A. Soesiger Inc. The property being subdivided is 34.75 acres north of Cherry Lane Road approximately 1/4 mile west of Linder Road. This property is adjacent to and south of Glenfield Manor and adjacent to and east of Sunnybrook Farms. We are hereby submitting 27 copies of the preliminary plat, 27 copies of the 1"-300' scale map of the property, 27 copies of the application form, and 7 copies of the sewer, water, and drainage plans for the proposed development. In addition, please be advised that we are submitting 27 copies of the legal description, 1 copy of the restrictive covenance, along with 27 copies of this letter to complete our application form. For this proposed development we can make the following statements of compliance. 1. The street, curve, gutters, and sidewalks are to be constructed to standards as required by the Ada County Highway District and Meridian Ordinance. All sidewalks will be 5 feet in width. 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The development will connect to City . services. 4. The development will comply with City ordinances. 5. The preliminary plat will include all appropriate easements. 6. Street names, if in conflict with the City grid system, will be corrected. Also please find attached a check for $705.00 to cover the application fee for Crystalsprings. If you have any questions regarding this application, or if we have overlooked any item, please do not hesitate to call. We will work with you closely to make sure that this application is complete as we are very interested in not missing any of your public hearing dates for this project. Z am looking forward to working with you on this development. S ncerel`~I~~ G%~ D. Michael Preston, P.E. RUBBLE ENGINEERING, INC. DMP/cros 665.1tr Attachment cc: Max A. Boesiger, Jr. ~. ' -. ~~i~l.FT FJ1. Fl.i,: ~l \'1; 7i~`: 1,lFFJ\'A1 yk717P•INAkS FL~57 AND/OR F~L FLAT S'P~ ~~ L) ~. FLANN]NG AND ZON]N:. COAt~fISS10N TIME TAHL£ FOF SUHMISS7ON: A request for preliminary plat approval must be in the City C]erks possession r,o later than three days following the regular meeting of the Planning and ZoningCommission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action GENEF2AL INFORMATION: 1. Name of Annexation and Subdivision, CrystalsprinIXs 2. General location, North of Cherry Lane '- 1/4 mi. W of Linder 3. O.;ners of record, Max A. >ioesiger Inc. & Allen Heirs Address 6479 Glenwood, Suite A, Boise, Zip 83703 Telephone .853-2001 - - _ 4. Applicant, Max A. Boesiger, Inc. Address, 6479 Glenwood, Ste A, Boise, ID 5. Engineer, D. Michael Preston Firm Hubble Address 7025. Emerald Boise, ID Zip 83704 Telephone 322-8992 6. Name and address to receive City billings: Name Max A BoesicFer Ina. Address 6479_Glenwood St, Ste A Zip 83703 Telephone 853-2001 PRELIN.INARy' PLAT CHECKLIST: Subdivision Features 1. Acres 34.75 2. ]dumber of ]ots_ I21 , 3. Lots per acre 3.48 ' q. Density per acre 3.48 _ 5. Zoning c]assification(s) R-4 6. If the pzoposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No e. Have recreational easements been provided for N/A No 9. Are there proposed recreational amenities to the City Explain Standard Subdivision 10. Aze there proposed dedications of common areas? No Erplain_ Standard Subdivision Fur future parks? No_ -Explain- Standard Subdivi~341L __1-------- (l) • ~ ~)~tj,•IIIST FOR FR£LIMINARY PLAT: Flanniny and 7.oning Commission continued - Pagc• 2 • • PRI;LIMINARI' PLAT CHECt1.]ST: SubdivisioPinea rur~genontinued 11. What school(s) service the area Mer. Jr. ~ High , do you .propose any agreements for future school sites none Explain School site are already provided for. 12. Other proposed amenities to the City None Water Supply Meridian Fire Department Meridian , Other Sewer , Explain Meridian 13. Type of Building (Residential, Commercial, Industrial or combination), Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s), 8,000 SF b. Minimum square footage of structure(s), 1400 c. Are garages provided for, yes square footage 370 d. Are other coverings provided for No e. Landscaping has been provided for N/A , Describe f. Trees. will be provided for No ,.Trees will be maintained g. Sprinkler systems are provided for N/A h. Are there multiple units No , Type , remarks i. Are there special set back requirements No Expl j. Has off street parking been provided for Yes , Explain_ Four spaces per home k. Value range of property $15,500 to $19,500 1. Type of financing for development Conventional m. Protective covenants were submitted Yes Date 1/15/91 16. Does the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Dleridian Comprehensive .Plan. (2) RUBBLE ENGINEERING, ING. 7025 Emerald Suite 200 Boise, Idaho 83704 Proj.:90-119 (208) 322-8992 • Fax (208) 378-0329 1-]5-91 DESCRIPTION FOR PROPOSED CRYSTALSPRINGS, A SUBDIVISION A PORTION OF THE SW 1/4 SE 1/4, SECTION 2, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SW 1/4 of the SE 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said Section 2; thence North 0°15'38" East 25.00 feet along the Westerly boundary of the said SW 1/4 of the SE 1/4 of Section 2 to a point, also said being the REAL POINT OF BEGINNING; thence continuing North 0°15'38" East 1309.70 feet along the said Westerly boundary of the SW 1/4 of the SE 1/4 of Section 2 to a point marking the Northwest corner of the said SW 1/4 of the SE 1/4 of Section 2; thence South 89°23'10" East 1293.86 feet to a point; thence South 2°08'39" East 1107.42 feet to a point; thence North 89°33'46" West 491.43 feet to a point; thence South 0°15'38" West 224.69 feet along a line Easterly of the parallel with the said Westerly boundary of the SW 1/4 of the SE 1/4 of Section 2 to a point on the Southerly boundary of the said SE 1/4 of Section 2, which is also the centerline of Cherry Lane; thence North 89°33'46" West (formerly described as North 89°33'48" West) 95.00 feet along the said Southerly boundary of the SE 1/4 of Section 2 to a point; Crystalsprings, A Subdivision Page 1 Proj.:90-119 i ~s~i thence North 0°33'50" East (formerly described as North 0°33'48" East) 25.00 feet to a point on the said .Northerly right- of-way line of Cherry Lane; thence North 89°33'46" West 664.01 feet along the said Northerly right-of-way line of Cherry Lane to the point of beginning, comprising 34.75 acres (1,513,648.66 square feet), more or less. DMP/GLR/cros 709.des Gary L. Rodenspiel, L.S. Note: Survey data was compiled from data of record and calculation data and not from a total field survey by Hubble Engineers, Inc. Crystalsprings, A Subdivision Page 2 Prepared by Hubble Engineering, Inc. %I /...~ 1~ ~ la y,, - - - - - - a ,' _ ^~ ~ . ,.. ~ ~ V]]393tl _ w ~_ a l-1w•-a° ~' _ G a z - o> 4G 4 ~ ~~~ • oo ~ •~° o q \. i .~ i ~ r y •rhq ~ ~ y~ ~ _ ~e • II~-' ry \U' ~~pl a V - K4` ~ ~~I n •M G • 6. ~ .. ~° w T ~I w u • _ ~ ~ _____-_____-__~____ _ -_-- o ~ w u _ ___ _ ____________________ -__.~ • u •i ~• u - ~ ~' N u I N u ~, a I 1 • s w~ ~ ~ ° • s .' 4 T ~ A N ~_ .L_. ~ ~ ~ w ~ _ b N N I ~ O I N ~ O N ~ J ° i ~ a °i I m w • e D7 • I r J N N 1l~ N Q ___ 1 J J O i m• O ~ M r ~ r J q ~ y w ~ 4 p U /~ U Ol O J .~ u 4 1/ r S ` v A N N -ei N U N N N\ • p 0 B[LY7Y J u u u N ~~ M _ ~e ~~' ~ N i N ~~ N N O i N I N ~.u N P J T N m ~ ~ o Jo ~ m ~ m ,~ > 4 N _ I „ s aO Z _ .O _ `\I // /l m ~ ~ ~D O N ° fT • ~ • .e O. U • 4 N J • ~ I • Oy _ MONACO -WPY _ MpN,C ~~ Z x p y U~ /'~ ~ s WiY V• ~ '' o a . A ~ u ~ O © ~o ^ S y s ~ Y ~ P ~ ©. ~ - ~ ~ ~ -i ~ ~ ~ : ~ _' us • s Q v wr. S © r-u - • ~ _ C~~RNS 7 5 ~ _® e D y • y A• -9 3 ; a s U~ _ > ~ R _ ~ s O ~ ~ ~ °© = p ~u ~, e ~i s j . ~ := :: ----- /A/UEA __ /~ ~ P ... ~; ~: a9R310 E " ~ ~ ® ~ ® © OT © O O I' ~ _ - r rte. ., 3.3. s, ~ ® , o •.... - ~ ~. .' O ~ O xh~~o ~ ~ o ~~ . _ ':3 T>. c r ° ~ l~ c ® _r __ 9a]' _ __ .. ® ® \VR( }}yy o ® ® ® ® ,t `® _~3 ~. ,~.~ ~ - o I~~ 109.63 ~,p. o i W' h n_ -~- 'S _ ® iS~pL' ___ _ _ _ .. __ - 1 (OI Ot Ofi/ 1000' ~ n .:J.;o ® ~1 i c { VVV ~y m' :M.BC rr - ~ _ - ~ ' i '~. ® ® - ~y J moo,. ® ~-'->0.~0 {y ~~~f 599~~ ~Z9 y~~ O ~J„ I ~, ~ ¢ Q ~7 .. '~ . ~ ~' ~ ... ~ .6. ~. 9 ® ® A w. sraRUCrs~t couRT ' "w: 9 R; . ~~ i a .~ I ~ ® ` ~ © i. ®~ ® .... s/he,-. ' 'w ' ~:nf ~~_. Y .-..] 010 .: pv 6b'1 O py5. 1 '~ B OO OB ~ ® ® ® r 0' * ®- ®" ®~I ®'~ /~ I. ~O ~ 3 ,s -~ _-".• 9 ` W~ RAINWATER ~:. -._ COURTe.: ,.. zr ,:` ~ .;;~ n N. 89'3348' W. 491.43' .. ~.. I:' O I' ®~mI3 03 02 ~ _ ® ®,. ® "y O'I _ _ -.. ~I N. 89'33'48' W. 884.01'- -- vi E CHERRY LANE STREET N. 033'50' E N. 89'33'b' W. -- - - 25.00' 95.00' PR 11AINARY P AT I FCFNf) PROPERTY LINE RICNT-OF-~WNY L'NE ' -- -- - - CENTER LME _. _ __ PROPOSED 8' vERTGL CURB k +~. WITH 5.0' CONC. SIDE'NpIX ' - ". -" e:- '-z PROPOSED STD. ROLlEO CURB k Gl _.,. WIIH t.0' CONC. SIOEWPII( B PROPOSED SnN1TMY SEWER LNE I .~ L '-7 C' o f - R i ., 1 7Z _~_ // ~i e S i f ea l11 ' ~° 1 ~~ + 3 IPv I~ I A,, Q ~ `I s V '_''~~~? I F+~ I • J•e~'w ~ ~ ~ t ~ ~ i I ~ f I' ! 1 ~ y V f 1 y ~ S F F I ~ ~ 3 1 yq ~ i' g ' q F pr ~ F d r ddd ~~g ~ v r: 10 S Q ~ y ~ _ g : i 4 4 e-- IA Y ~ Q va ~ S ' - 1 c • - N .~ ,. u < _ : e ~ G 1 -ej jeef7sj• ° ~ ~ />Y A • o ~ ? •IY a • ° - y ~ • - • I ~ 3 • • • • W i a = ° a c < • -- r ~ ° < s o m • ~ p F x i H!' _ ~ no7 e • ° 6 ~~ © 3 N N ~ S 1 am; °j J •m y J a Jam' e ew o Cl s r^ ' ~ V~o~l lel l4 o 3 m O Ave O A N " o n l W ._.. ~. L~VC' I IY Ia10' I~ ~ Wy r e' 0 ° a > < < ° m N N I ~Ilpty. N T ~w Pfa{ • V Q ~ . 1 F o - m n i O - c or•m~ ~ ~~ , 3 ZZZI ~ ~n • F r ~ F • ~ _ ~ • ~s ' O J ~~ (jl Ea !e s; 4 ~,Q~ ~ >C ~ /i ~e C, CRYSTALSPRINf38 PROPERTY OWNERS FITBIN 300 FEET JANIIARY 15, 1991 BUNNY HROOR FARMS NO. 1 LOT PARCEL # BLOCK # ADDRESS 1 88221500010 1 Jim Hugo 1602 Todd Way, Meridian, ID 83642 2 88221500020 1 Herman Cornell P.O. Box 551, Citrus Heights, CA .95611 3 88221500030 1 Paul Bromet 1662 Todd Way, Meridian, ID 83642 4 88221500040 1 Dwain Gugn 1692 Todd Way, Meridian, ID 83642 5 88221500050 1 Homer .Bonham 1704 Todd Way, Meridian, ID 83642 6 88221500060 1 Patricia Bischoff 1722 Todd Way, Meridian, ID 83642 7 88221500070 1 Darrell Smeltzer 1732 Todd Way, Meridian, ID 83642 8 88221500080 1 Ann Baird 1742 Todd Way, Meridian, ID 83642. 9 88221500090 1 Daniel Reynolds 1762 Todd Way, Meridian, ID 83642 SUNNY SROOR FARMS N0. 2 LOT PARCEL # BLOCK # ADDRESS 10 88221510005 1 Gomer Condit 9501 W. Victo ry, Boise, ID 83709 11 88221510010 1 Keith Hanson 1820 Kristen, Meridian, ID 83642 12 88221510015 1 Matthew Sutton 1830 Kristen, Meridian, ID 83642 13 88221510020 1 Robert Howell 1850 Kristen, Meridian, ID 83642 14 88221510025 1 David Kemp 1860 Kristen Way, Meridian, ID 83642 I 15 88221510030 1 Steven Moss 1890 Kristen Way, Meridian, ID 83642 BROOK FARMS NO. 1 1 88221500100 2 Nathan Weeks 1963 Todd Way, Meridian, ID 83642 ID 83642 ridian M 1 88221500280 3 Terry Ward 2552 1922 , e Jeffrey, Kristen Way Meridian, ID 83642 2 88221500290 3 Robert Dufosse 1984 Kristen Way, Meridian, ID 83642 3 88221500300 3 Rodney Lowe 2490 Misty, Meridian,. ID 83642 1 88221500460 4 Roger Hays SIINNY BROOK FARMS NO. 2 LOT PARCEL # BLOCK # ADDRESS 1 88221510290 7 Robert Dufosse 1922 Kristen Way, Meridian, ID 83642 2 88221510295 7 Rex Stucker 1952 Kristen Way, Meridian, ID 83642 3 88221510300 7 Rodney Lowe 1984 Kristen Way, Meridian, ZD 83642 4 88221510305 7 Robert Charters 1996 Kristen Way, Meridian, ID 83642 5 88221510310 7 Ronald Riley 2002 Kristen Way, Meridian, ID 83642 6 88221510315 7 Michael Ramsey 2006 Kristen Way, Meridian, ID 83642 7 88221510320 7 Sue Giese 2018 Kristen Way, Meridian, ID 83642 8 88221510325 7 Roger Moon 2072 Kristen Way, Meridian, ID 83642 9 88221510330 7 R.N. Catherman 2084 LeAnn Way, Meridian, ID 83642 10 88221510340 7 Paul Pearson 2086 LeAnn Way, Meridian, ID 83642 11 88221510345 7 Robert Baldwin 2088 LeAnn Way, Meridian, ID 83642 GLENNFZELD MANOR NO. 2 LOT PARCEL # BLOCK # ADDRESS 1 83161210770 8 Greg Nalder 2057 Monaco Way, Meridian, ID 83642 2 83161210780 8 Doug Scott 2027 Monaco Way, Meridian, ID 83642 3 83161210790 8 Fred Becker 2007 Monaco Way, Meridian, ZD 83642 4 83161210800 8 Michael Suydam 1985 Monaco Way, Meridian, ID 83642 5 83161210810 8 Mark Crane 1965 Monaco Way, Meridian, ZD 83642 6 83161210820 8 Rick Hardy 1945 Monaco Way, Meridian, ID 83642 7 83161210830 8 Clark Hyvonen 1925 Monaco Way, Meridian, ID 83642 8 83161210840 8 Darlene Ziemer 1905 Monaco Way, Meridian, ID 83642 GLENNFZELD MANOR NO. 2 LOT PARCEL # BLOCK # ADDRESS 9 83161210600 10 83161210610 11 83161210620 12 83161210630 13 83161210640 14 83161210650 15 83161210660 21 83161210720 22 83161210730 23 83161210740 24 83161210750 25 83161210760 7 Michael Schaffner 7 Mitchell Phillips 7 Guy Shinn 7 Stephan Amar 7 Daniel Bianchi 7 Kerry Olsen 7 John Heller 7 Michael McCoombs 7 William Kolb 7 '1 7 Morris Kerbs 7 Rodney Williams 1933 Sandalwood, Meridian, ID 4935 SE Brookside, Milwaukee 2028 Monaco Way, Meridian, ID 2008 Monaco Way, Meridian, ID 1984 Monaco Way, Meridian, ID 1944 Hendricks, Meridian, ID 1932 Hendricks, Meridian, ID 1911 Hendricks, Meridian, ID 1945 Hendricks Ct., Meridian, M 1~ ~ 83642 )R 97222 83642 83642 83642 83642 83642 83642 ID 83642 1983 Hendricks, Meridian, ID 83642 1908 Monaco Way, Meridian, ID 83642 GLENNFIELD MANOR NO. 2 58 83161210110 2 Carl Koch 1994 Sandalwood, Meridian, ID 83642 53 83161210120 2 Barbara Wood 1984 Sandalwood, Meridian, ID 83642 54 83161210130 2 Peter Ritter 1952 Sandalwood, Meridian, ID 83642 55 83161210140 2 Mark Wilcox 1942 Sandalwood, Meridian, ID 83642 GLENNFIELD MANOR NO. 3 LOT PARCEL # BLOCK # ADD FSS 17 83161210110 3 Carl Koch 18 83161210210 3 Barbara Wood GLENNFIELD MANOR NO. 3 1994 Sandalwood, Meridian, ID 83642 1984 Sandalwood, Meridian, ID 83642 LOT PARCEL # BLOCK # ADDRE SS 9 83161220130 8 Betty Nesbitt 8405 Moon Valley, Eaqle, ID 83616 10 83161220140 8 Mark Anderson 2089 Sandalwood, Meridian, ID 83642 11 83161220150 8 Jasper Harmon 2115 Sandalwood, Meridian, ID 83642 12 83161220160 8 Norman Bowker 2070 W. Pine, Meridian, ID 83642 13 83161220170 8 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 14 83161220180 8 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 15 83161220190 8 Oscar Kash 3740 Quaker Ridge, Meridian, ID 83642 16 83161220200 8 Lasher Const. 5015 W. Ustick Rd., Caldwell, ID 83605 17 83161220210 8 Shaun Scully 2102 Lasher, Meridian, ID 83642 18 83161220220 8 Ben Jepson 2078 Lasher, Meridian, ID 83642 19 83161220230 8 John Camman 2070 Lasher, Meridian, ID 83642 20 83161220240 8 Chauncey Michaelson 681 E. 6125 N., Ogden, UT 84404 21 83161220250 8 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 22 83161220260 8 Catherine Keller 2129 Lasher, Meridian, ID 83642 23 83161220270 8 Kevin Eld 2157 Lasher, Meridian, ID 83642 GLENNFIELD MANOR NO. 3 Ll1T PARCF.T, $ AT.OCK # ADDRESS _- _ 1 83161220010 9 Chris Talley 2567 NW 12th, Meridian, ID 83642 2 83161220020 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 GLENNFIELD MANOR NO. 3 LOT PARCEL # BLOCK # ADDRESS 3 83161230040 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 4 83161230050 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 5 83161230060 9 L & R Sales 1660 W. Cherry Lane, Meridian, ZD 6 83161230070 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 7 83161230080 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 8 83161230090 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 9 83161230100 9 Robert Russell 6716 Fe rnwood, Boise, ID 83709. 10 83161230110 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID li 83161230120 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID 12 83161230130 9 L & R Sales 1660 W. Cherry Lane, Meridian, ID MANRO NO. 4 83642 83642 83642 83642 83642 83642 83642 83642 83642 LOT PARCEL # BLOCK # ADDRESS 5 83161230220 10 Lasher Const. 5015 E. Ustick Rd., Caldwell, ID 83605 6 83161230230 10 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 7 83161230240 10 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 8 83161230250 10 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 GLENNFIELD MANRO NO. 4 LOT PARCEL # BLOCK # ADDRESS 19 83161230010 3 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 20 83161230020 3 L & R Sales 1660 W. Cherry Lane, Meridian, ID 83642 BE 1/4. SE 1/4. SECTION 2. T.3N.. R.1W 512024419300 Glenn Nyborg 1660 W. Cherry Lane, Meridian, ID 83642 NE 1/4. NE 1/4. SECTION 11. T.3N R iW S1211110185 Mark Bird S1211110022 John Dyer 1915 W. Cherry Lane, Meridian, ID 83642 18656 Middleton Rd., Nampa, ID 83687 wp50/crysprop.own i • REAL ESTATE PURCHASE "P AND OPT~ON AGREEMENT THIS AGREEMENT IS ENTERED INTO This i~r-~ day of 1~'~. 1990, by and between David C. Allen and Donald E. Allen, as co-trustees of the Howard E. Allen TLUSt and the Cora C. Allen Trust and individually, hereinafter referred to as "Sellers," and Max A. Boesiger, Inc., an Idaho corporation with its principal place of_busness in Boise, Idaho,.. hereinafter ,refer;ed to as _. "Buyer." WITNESSETH: WHEREAS, Sellers and Buyer have entered into an earnest money agreement dated March 20, 1990, for the sale and option of certain real estate described in Exhibit A attached hereto and incorporated herein as if set forth in full; and WHEREAS, Sellers have obtained a boundary description for the property, showing such property to contain thirty-five and forty- six one hundredths (35.46) acres, a copy of which is attached hereto as Exhibit B and incorporated herein as if set forth in full; and WHEREAS, Sellers desire to sell and option that certain real property described in Exhibit A and Buyer is desirous of buying and optioning such property; NOW, THEREFORE, for and in consideration of the terms and conditions contained herein, Sellers agree to sell and option unto Buyer, and Buyer agrees to purchase and option the real property described in Exhibit A as follows: REAL ESTATE PURCHASE AND OPTION AGREEMENT - 1 ,, 1. Purchase Price. ,N y. Zt its understood and agreed thzlt the total purchase price for the entire property is the sum of three hundred fifty-four thousand six hundred dollars (5354,600) lawful money of the United States, to be paid as follows: (a) Payment of twenty thousand dollars ($20,000) on June 15, 1990. This $20,000 is to secure an option on the entire property and shall apply against the purchase price of the last parcel when the entire property is purchased. Should Buyer not buy the entire property, Buyer shall forfeit and Sellers shall retain this 520,000. (b) Buyer will purchase not less than eight (8) acres by January 1, 1991, or sooner, for ten thousand dollars ($10,000) per acre. (c) Buyer will purchase an additional eight (8) acres or more by June 1, 1992, or sooner, for ten thousand dollars ($10,000) per acre. (d) Buyer shall pay to Sellers four thousand dollars ($4,000) on January 1, 1992, as prepaid interest. (e) Buyer will purchase an additional eight (8) acres or more by June 1, 1993, or sooner, for ten thousand dollars ($10,000) per acre. (f) Buyer will purchase the remaining acreage of the property and pay the balance of the purchase price by June 1, 1994, or sooner. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 2 a • 2. Failure to Purchase. n; ~.T lIf Buyer fails to make any purchase or!fails to make any purchase of additional property when required, Buyer shall forfeit, and Sellers shall retain, the $20,000 option described in paragraph 1(a) above, Buyer shall no longer have an option to purchase any further property from Sellers, and this Agreement shall be terminated. 3. Acreage. It is understood and agreed that the total acreage of the property is approximately thirty-five and forty-six one hundredths (35.46) acres, more or less, as set forth in Exhibit B, and for purposes of this Agreement and the purchase amount per acre, the total acreage is agreed to be thirty-five and forty-six one hundredths (35.46) acres. 4. Tax Deferred Exchange. Sellers are contemplating a tax deferred exchange of property prior to completion of sale to Buyer. Buyer agrees to allow Sellers, if Sellers so desire, to accomplish a tax deferred exchange of their property prior to completion of sale to Buyer. 5. Platting. Buyer agrees to obtain Sellers' approval of any plat of the property. Sellers agree to allow the full property to be platted after Buyer purchases its first parcel and whether or not Buyer purchases the entire property. No final plat shall be recorded until Buyer has purchased the property so platted. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 3 6. Restrictions. "« Buyer agrees to obtain Sellers' approval prior to placing covenants, conditions, or restrictions upon the property. 7. Farm Lease. Buyer agrees to allow Sellers to lease the property for farming purposes during 1990 and will not interfere with such lease. Sellers shall not lease the property subject to this Agreement after 1990 as long. as this Agreement i¢_in effect. 8. Maintenance of Prooerty. Buyer shall maintain the entire property for the years 1991 and thereafter. Buyer, in maintaining the entire property, shall, among other things, keep the property free of any noxious weeds. 9. Taxes and Assessments. Sellers shall pay all property taxes and assessments upon the entire property for 1990. Buyer shall pay all property taxes and assessments, including, but not limited to, assessments for water, for the entire property for the years 1991 and thereafter until Buyer has purchased the entire property or this Agreement is terminated. 10. Purchase of Parcels. Buyer shall solely be responsible for all expenses associated with identifying the 8-acre parcels, or more, which Buyer is purchasing. Buyer shall always purchase a contiguous eight (8) acres, or more, when purchasing a parcel. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 4 11. Certification of Payment. .~ ;.. ~ Buyer shall provide to Sellers certification or', erification „d of payment for any improvements placed upon the property not purchased by Buyer. Buyer shall obtain the approval of Sellers prior to placing any improvements on the property not owned by Buyer. 12. No Recording. This Real Estate Purchase and Option Agreement shall not be recorded in the records of Ada County, nor in any other govern- mental records. 13. Title insurance. Sellers agree to provide Buyer a title insurance policy for the benefit of Buyer equal.in amount to the value of the property purchased by Buyer when Buyer purchases such parcel, free of all liens and encumbrances (except current taxes and assessments), covenants, conditions, restrictions, and easements of record. 14. Liens and Encumbrances. Neither Sellers nor Buyer shall allow any liens or encum- brances to attach or to be filed against any part of the property not purchased by Buyer; provided, however, that should any lien or encumbrance attach or be filed, which Buyer, in good faith, deems invalid, either in whole or in part, Buyer shall have the right to diligently litigate and obtain judicial determination regarding the validity or extent of such lien or encumbrance, including appellate determination; and should such proceeding be resolved against Buyer, then Buyer shall immediately satisfy and REAL ESTATE PURCHASE AND OPTION AGREEMENT - 5 discharge the same. In this regard, Buyer shall prosecute or ;:: defend such litigation at Buyer's own cost and expense qn beha~'f of and for the benefit of all parties to this Agreement. Sellers shall not be barred from taking such legal action as Sellers shall deem necessary and useful to protect Sellers' interest in said property. 15. Improvements to Property. if Buyer is allowed to make improvements to property owned by Sellers, Buyer shall have the right to make or install permanent improvements upon the real property described in this Agreement only upon the following conditions: (a) Buyer makes or installs said improvements as a volunteer and with full knowledge and acceptance of the fact that Buyer is not entitled to any credit, payment, or reimbursement from Sellers for the cost or value of said improvements. (b) Buyer makes or constructs said improvements at its own expense. (c) Buyer is not the agent of Sellers for the purpose of making or constructing said improvements or for any other purpose. (d) Buyer shall not allow or suffer any liens or encum- brances to be attached to or filed upon the said property for any work or materials used thereon, and Buyer will hold Sellers entirely harmless from any liability for such work and materials and from any liens or encumbrances upon said property as a result thereof, including, without limitation, any and all expenses, attorney fees, and costs, including fees and costs on appeal, REAL ESTATE PURCHASE AND OPTION AGREEMENT - 6 i ~ incurred by Sellers to litigate against or remove such 1i,ens1pr .~ encumbrances. (e) Buyer shall be entitled to remove any permanent improvements made or constructed by Buyer upon the said property, EXCEPT any such permanent improvements that are made or con- structed to replace structures or improvements that were on the said property when Buyer entered possession and EXCEPT any such ,permanent improvements .that cannot be removed without damage to the remaining property, and on THE FURTHER EXPRESS CONDITION that the improvements that Buyer is entitled to remove must be removed before this Agreement is terminated or canceled, in the event it be terminated or canceled by Sellers as a result of a default by Buyer. (f) The failure or neglect of Buyer to remove any such improvements from the said property prior to the date this Agreement is terminated or canceled by Sellers as a result of a default by Buyer shall constitute conclusive proof that Buyer has abandoned said improvements, and the said improvements shall then be deemed a part of the real property and the property of Sellers free and clear of any claim, right, title, or interest of Buyer. 16. warranties and Disclaimer. BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN INFORMED AND UNDERSTANDS THAT SELLERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, TO BUYER EXCEPT AS TO TITLE INSURANCE AS CONTAINED IN THE TITLE INSURANCE PARAGRAPH IN THIS AGREEMENT. Buyer acknowledges that Sellers have made no representations of any material fact concerning the real property described in REAL ESTATE PURCHASE AND OPTION AGREEMENT - 7 this Agreement; that Buyer has had adequate opportunity to t. ;,.rt ;.. i inspect and investigate the said property; that Buyer has made a thorough, independent examination and inspection of the said property and is relying solely upon its own examination and inspection thereof; and that Buyer is acquiring the property "as is." Buyer further acknowledges that Sellers have made no representations or warranties as to whether or not the boundary lines of said property are accurate, nor any representations as to frontage contained in the legal description of the property described in this Agreement. Buyer acknowledges further that Buyer has been informed and understands that the property described in this Agreement has not been surveyed and that Sellers are not responsible or liable to obtain oc provide a survey of said property. Buyer has been provided a legal description of the property which is the same description as that used in this Agreement. Buyer has had adequate opportunity to examine and inspect the boundaries of the said property and has made its own determination as to acreage, square footage, and/or frontage, and whether the fence lines and boundaries are accurate and is purchasing the said property in reliance upon its own determination thereof, and regardless whether or not said fence lines and boundaries are accurate. 17. Risk of Loss and Insurance. Sellers shall bear the risk of loss of the real property described in this Agreement, except any loss caused by Buyer or Buyer's agents, employees, or representatives prior to Buyer purchasing the property. Once Buyer has purchased a parcel or REAL ESTATE PURCHASE AND OPTION AGREEMENT - 8 .. ~ , all of the property, Buyer shall bear the risk of loss of the 1~i real property purchased by Buyer. ,'~~ in case of any condemnation proceedings against the property prior to purchase by Buyer, the proceeds or award shall be paid to Sellers. 18. Assignment. Buyer shall have the right to assign this Agreement after obtaining Sellers' written approval. Sellers' approval shall not be unreasonably withheld. Sellers may assign this Agreement without restriction. 19. Default. Time and the prompt performance of each and every term, covenant, and condition of this Agreement is material and of the essence of this Agreement. Each and every term, covenant, and condition is a material term, covenant, and condition of this Agreement. Performance means compliance that is full and to the letter of this Agreement. Substantial compliance will not be sufficient. Performance by Buyer is a condition precedent to performance by Sellers. 20. Notice to Parties. Service of any notice permitted or required under the terms of this Agreement shall be deemed complete upon the depositing of the same in the United States mail by Sellers, by certified or registered mail, addressed to Buyer at: Max A. Boesiger, Inc. 6479 Glenwood Boise, Idaho 83703 ~~~ REAL ESTATE PURCHASE AND OPTION AGREEMENT - 9 ~, or by Buyer addressed to Sellers at: ~• w David C. Allen P P.O. Box 817 Eagle, Idaho 83616 and Melville w. Fisher, II Elam, Burke and Boyd P.O. Box 1539 Boise, Idaho 83701 as the case may be; or such other address as either Buyer or Sellers shall hereafter in writing to the other designate, or by causing said notice to be served personally upon Buyer, or on Sellers, as the case may be. 21. Condemnation. if any portion of the real property described in this Agreement shall be taken by virtue of any condemnation or eminent domain proceedings, or transferred under threat thereof, follow- ing the effective date of this Agreement, the proceeds thereof shall be paid to Sellers and that portion of the real property shall be removed from the terms of this Agreement. 22. Integration of Agreement. Sellers and Buyer acknowledge. that the terms of this Agreement may vary from the terms contained in any other preliminary agreements made prior to the execution of this Agreement and may vary from any negotiations between the parties prior to the execution of this Agreement. Sellers and Buyer agree that the terms, covenants, and conditions of this Agreement shall supersede all such prior negotiations and agreements, that there are no other agreements not contained in this Agreement, REAL ESTATE PURCHASE AND OPTION AGREEMENT - 10 and that this Agreement shall be and is the final expression of 1~~ 1'rt the agreement of the parties and shall control. No modification of the agreement shall be valid unless in writing and executed by the parties to this Agreement. 23. Severance and Validitv• In the event any provision of this Agreement or any part thereof shall be determined by any court of competent jurisdic- tion to be invalid, void,. or otherwise unenforceable, the remain- ing provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby, it being agreed that such remaining provi- sions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void, or unenforceable provision oc part thereof. 24. Attorney Fees. if either party hereto defaults in any manner or fails to fulfill any and all provisions of this Agreement and the nondefaulting party places this Agreement with an attorney to exercise any of the rights of the nondefaulting party upon such default or failure, then the nondefaulting party shall be entitled to recover reasonable attorney fees, costs, and expenses from the defaulting party. If both parties are in default here- under in such action, attorney fees may be awarded to the pre- vailing party. An exercise of one right or remedy belonging to either party hereto under this Agreement is not an election of right or remedy or waiver of any other rights or remedies. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 11 25. Governing Law. ~ H li The vaT?idity, meaning, and effe~t of this Agreement shall be determined in accordance with the laws of the state of Idaho applicable to contracts made and performed in that state. 26. Captions to Paragraphs. The captions to the paragraphs of this Agreement are for convenience only and shall not be deemed to enlarge, diminish, explain, or in any manner affect the meaning of such paragraphs. 27. Preparation of Agreement. Buyer acknowledges that this Agreement was prepared by the attorney for the Sellers and that said attorney did not and does not represent Buyer in connection with this transaction or the preparation of this Agreement. 28. Multiple originals. Two (2) originals of this Agreement shall be executed; one for the Sellers and one for the Buyer. 29. Necessary Documents. Each party shall, upon the request of the other, execute, acknowledge, and deliver any additional instruments that may be reasonably required to carry out the intention of this Agreement. 30. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, administrators, succes- sors, and assigns of the parties hereto. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 12 IN WITNESS WHEREOF, the parties hereto have hereunto set t.~ ;,: their hands the day and year fi'~rst above written. SELLERS: ~(/ c~~l ~. A n, rn~ vidual y Social Security 5i R_ - 5b -/~2/ G Davi C. A en, as successor co-trustee under the CORA CAMPBELL ALLEN-TRUST AGREEMENT; dated ' February 16, 1979 Taxpayer ID ~ 2- (p~~~//~~~~~ q r( Davies C. A en, as successor co-trustee of the testamentary trust created-under the will of HOWARD EDWIN ALLEN, dated February 25, 1 69 Taxpayer ID ~2_~ ~ S 26 7 Z Don~3-E~°!i en, in~~vidua~ y Social Security ,rj) g -~6 -!D 2~ DonaTc~E. A en, as su cessor co-trustee under the CORA CAMPBELL ALLEN TRUST AGREEMENT, dated February 16, 1979 Taxpayer ID 8 Z - ~ ~ 5nn2 7Db /1~.Q~~- Dona~ E. A en, as successor co-trustee of the testamentary trust created under the will of HOWARD EDWIN ALLEN, dated February 25, 1969 Taxpayer ID g Z- 60YJ Z 6 7 Z REAL ESTATE PURCHASE AND OPTION AGREEMENT - 13 • s BUYER: MAX A. BOESZGER, INC. P tx 1~ ByM x A. oesiger, Presi en ~ ~ Taxpayer ZD ~~ - ATTEST: v~ ~~ z-~/ Secret REAL ESTATE PURCHASE AND OPTION AGREEMENT - 14 STATE OF IDAHO 5 • p., County of Ada ) ~ ~ ,~ y~h of ~ in the year 1990, before ON T~1-I,s, "~_ the undersigned, a Notary me, ~~ ~ '`~~'~'y ~ersonall a eared Public n an or t o state o I a o, p Y PP DAVID C. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his individual capacity. ZN WITNESS WHEREOF, I my official seal the day written. have hereunto set my hand and affixed and year in this certificate first above /: ,' STATE OF IDAHO Notary Public ana ror Residing at ~' 9~ Commission Expires i ss. County of Ada ) ON ~~,~aY of ~~ in the year 1990, before me, iri L //~~,g.,vS the undersigned, a Notary Public nn an~c or t e state o I a o, personally appeared DAVID C. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his capacity as successor co-trustee under the CORA CAMPBELL ALLEN TRUST AGREEMENT, dated February 16, 1979. 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 Pu i n an or I aio Residing at ~/,) Commission Expires _ ! ~~' 'I REAL ESTATE PURCHASE AND OPTION AGREEMENT - 15 • • STATE OF IDAHO ) ~•~) 55. ,.... County of Ada )) ~ ON TH L ~ ay of L~1 ~Y in the year 1990, before me, ,~ the undersigned, a Notary Public in an or t e state o if-~ai~personally appeared DAVID C. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his capacitiy as successor co-trustee under the testamentary trust created under the will of HOWARD EDWIN ALLEN, dated February 25, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day .and year in this certificate first above written. r / Notary Public ~ and Residing at iS~ Commission Expires STATE OF ZDAHO ~ ss. County of Ada • ~. ) ON THIS~of'h da of ~~}y in the year 1990, before me, ~/ /,,, fy,..,.}.~ rJ the undersigned, a Notary Public in an or a state o I~aFio, personally appeared DONALD E. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his individual capacity. IN WITNESS WHEREOF, Z have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public ana ror laano Residing at d ~ S~ Commission Expires / cs~ ,~ ~. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 16 STATE OF IDAHO 1 County of Ada' ) ON ~S a .~ti ¢aY of ~~•~~ in the year 1990, before me, ~J i ti ~- /f~„s RJ the undersigned, a Notary Public in anT~t a state o I a o, personally appeared DONALD E. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his capacity as successor co-trustee under the CORA CAMPBELL ALLEN TRUST AGREEMENT, dated February 16, 1979. 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 Pu is an or Residing at __~~ Commission Expire / STATE OF IDAHO ) ss. County of Ada ) ON TH ~ ~(~~da of /~- in the year 1990, before me, ~i n~ ~t•4~usi' 1 the undersigned, a Notary Publictn a~ for t state o I a o, personally appeared DONALD E. ALLEN, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same in his capacity as successor co-trustee under the testamentary trust created under the will of HOWARD EDWIN ALLEN, dated February 25, 1969. IN WITNESS WHEREOF, I my official seal the day written. have hereunto set my hand and affixed and year in this certificate first above ' n , i -~ py~ a~- Notary P is an r~I a o Residing at b~.S~ '• ~ ' Commission Expires "'' ;, ,~ i .. REAL ESTATE PURCHASE AND OPTION AGREEMENT - 17 • • STATE OF IDAHO ) County t~f Ada ) ? ON~'.F)IS /~~ day of _/ ~-,~- , in the year 1990, before me, /~y~~ ~') /~/i7 p--~ ~~~J the undersigned, a Notary Public In an or t e State o I ai-Fo, personally appeared Max A. Boesiger, known or identified to me to be the President of MAX A. BOESIGER, INC., and the person who executed the foregoing instrument, and acknowledged to me that he executed the same on behalf of MAX A. BOESIGER, INC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ ~ ~ ` ~ ''r •. NOtd y Publ Resi ing at Com fission STATE OF IDAHO ) 55. County of Ada ) c Fyn apa ror. res ON THIS day o in the year 1990, before me, ~ the undersigned, a otary Public in an / 9r t e S ate o i a o, personally appeared ~~ ~j C(/~.~q f, P known or identified to me to be the Secre ary o MAX A. BOESIGER, INC., and the person who xecuted the foregoing instrument, and acknowledged to me that ~ executed the same on behalf of MAX A. BOESIGER, INC. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •I c Residing at ,' Commission Expires ,, ', ,..~' \' ~ REAL ESTATE PURCHASE AND OPTION AGREEMENT - 18 r Commitment Schedule A continued Order Number: ST-90023234 WO ~~, Effective Date: MARCH 30, 1990 at 7:30 a.ai'f PARCEL 1 A parcel of land lying within the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at the Northwest corner of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence East 535 feet; thence South 408 feet; thence West 535 feet; thence North 408 feet to THE POINT OF BEGINNING. PARCEL 2 A parcel of land lying within the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, it and 12, Township 3 North, Range 1 West of the Boise Meridian; thence North 89 degrees 51' West along the section line common to Sections 2 and 11, a distance of 1445.51 feet to THE POINT OF BEGINNING; thence continuing North 89 degrees 51' West along said section line 314.68 feet; thence North 349.00 feet; thence North 89 degrees 51' West 231.00 feet; thence North 593.11 feet; thence ' South 89 degrees 30' East 506.26 feet; thence South 2 degrees 24'17" East 939.96 feet to THE POINT OF BEGINNING. PARCEL 3 A parcel of land lying within the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12, Township 3 North, Range 1 West, Boise Meridian; Com m~~mPm Schedule A-3 ~3 1 Commitment Schedule A continued Order Number: ST-90023234 WO .,y Effective Date: MARCH 30, 1990 at 7:30 a.o. ,~ thence North 89 degrees 51' West along the section line common to Sections 2 and 11 a distance of 1.395.46 feet to THE POINT OF BEGINNING; thence continuing North 89 degrees 51' West along said section line 50.05 feet; thence North 2 degrees 24'17" West 939.96 feet; thence South 89 degrees 30' East 50.06 feet; thence South 2 degrees 24'17" East 939.65 feet to TBE POINT OF BEGINNING. PARCEL 4 A parcel of land lying within the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: 1,395.46 feet; thence North 2 degrees 24'17" West 939.65 feet to THE POINT OF BEGINNING; thence North 89 degrees 30' West 556.32 feet; thence North 397.39 feet; thence South 89 degrees 30' East 539.63 feet; thence South 2 degrees 24'17" East 397.86 feet to THE POINT OF BEGINNING. North 89 degrees 51' West along the section line common to Sections 2 and 11 a distance of Commencing at the section corner common to Sections 1, 2, 11 and 12, Township 3 North, Range 1 West, Boise Meridian; thence EXCEPT: thence East 535 feet; thence South 408 feet; thence West 535 feet; thence North 408 feet to THE POINT OF BEGINNING. Beginning at the Northwest corner of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; PARCEL 5 "Il-{k' SovTN 1010 F'r of The West half of the Southwest quarter of the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise w~ Cnm mamen~ ~d ~eJule A' i Commitment Schedule A continued Order Number: ST-90023234 WO ~;~ Effective Date: MARCH 30, 1990 at 7:30 a.m. ''~a '.~ Purported Addresa: NO ADDRESS GIVEN STEWART TITLE OF IDAHO, INC. WM. G. OESTREICH stp i-,..., ^...~..,. c...en.d. a-s Meridian, Ada County, Idaho. EXCEPT: The South 25 feet. ": BOUNDARY DESCRIPTION ''} "'~ FOR DAVID ALLEN ' A parcel located in the SW 1/4 SE 1/4 of Section 2, Township 3 North, Range 1 West, Boise tieridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northwest corner of said SW 1/4 SE 1/4 (CS 1/16 corner); thence S 8923'10" E along the northerly boundary of said SW 1/4 SE 1/4 a distance of 1203.86 feet, more or Less, to a point; thence leaving said northerly boundary S 209'22" E a distance of 1332.37 feet, more or less, to a point on the southerly boundary of said SW 1/4 SE 1/4; thence N 8933'48" W along said southerly boundary a distance of 364.73 feet, more or less, to a point; thence leaving said southerly boundary N 015'46" E a distance of 349.00 feet, more or less, to a point; thence N 8933'48" W a distance of 231.42 feet, more or less, to a point on the westerly boundary of the E 1/2 SW 1/4 SE 1/4; thence S 015'46" W along said westerly boundary a distance of 324.00 feet, more or less, to point 25.00 feet northerly of the southerly boundary of said SW 1/4 SE 1/4; thence N 8933'48" W and parallel with said southerly boundary a distance of 663.87 feet, more or less, to a point on the westerly boundary of said SW 1/4 SE 1/4; thence N 015'38" E along said westerly boundary a distance of 1309.73 feet, more or less, to the POINT OF BEGINNING. This parcel contains 35.46 acres, more or less. This parcel is subject to any easements existing or in use. This description was written for the purpose of combining Instrument Numbers 8901920, 8901923, 8901924 and 8905312 into one description. A field survey has not been performed. Toothman-Orton Engineering Company is not responsible for any discrepancies a field survey would disclose. ~~ ;: ; /Y_~S~~Ri~i <<~ ~~~ °1 ~E,;~ ~~~ ,~ '' < CS 1/16 S 89'23'10' E 1327. B6 SE I/16 1203.86 t- 124.00 I ~•~.~ , PARCEL 1 Nor A TOTAL ACREAGE I PART 35.46 ACRES, MORE OR LESS. PARCEL 4 --- - - - - - - n ~^ ~ I I o ~, m ti 3 a PARCEL 5 ^~ h ~ I h PARCEL 2 w W ~ w I a w h 2 ~ v NOTE.• I n TH/S SKETCH /S OR4WN USING I ~ O /NSTRUMENT NUMBERS 8901920, ~ Z I 890192J, 8901924 AND 8905317. I A F/ELD SURVEY HAS NOT BEEN PERFORMED. TN/S SKETCH /S /NTENDED FOR /NFORMAT/ONAL N89'33'48" W I PURPOSES ONLY. 33~ 00 S 1/4 SCALE.• 1 "=200' 231.42 I 3 ~ W o NOTA o 10 ; PART ~ :~' O ,~ h "') I ~ ~ 2 I 663 B7 DER 384 73 I I ~67 72 ?31.42 S 89'33'48" E 1327.74 CHERRY LANE E 7/16 ~°'~ ' EXH/B/T "A" >. 82 0 m r S~~ ~ ~~ !~~ F o F ~° ~;=~ SW 1~4 SE 1~4 OF a K. aE'~ SECT/ON 2, T3N, R1 W, B.M. ADA COUNTY, /DAHO. TOOJHMAN-ORTON ENC/NEER/NG COMPANY 1802 N. 33rd STREET BOISE, /DAHO 83703 .. '. REAL ESTATE EXCHANGE",AND ESCROW AGREEMENT This Real Estate Exchange and Escrow Agreement ("the Agree- ment") is made and entered into this day of December, 1990, by and between MAX A. BOESIGER, INC., an Idaho corporation, ("BOESIGER") and CHERRY LANE BAPTIST CHURCH OF MERIDIAN, IDAHO, INC., an Idaho non- profit corporation, (the "CHURCH"). In consideration of and in reliance upon the mutual coven- ants, representations and warranties set forth in this Ayreement, the parties agree as follows: SECTION 1. RECITALS. 1.1 PARCEL A. The Church is the legal and equitable owner of certain real property, designated as "Parcel A" on the sketch attached as Exhibit "C",.which parcel is more particularly described on Exhibit "A". This parcel is one acre in size, more or less, and will be referred to herein as "Parcel A." 1.2 PARCEL B. Boesiger will be, as of closing, the legal. and equitable owner of the real property designated as "Parcel .B" on the sketch attached as Exhibit "C", which parcel is more particularly described on Exhibit "B". This parcel is two acres in size, more or less, and will be referred to herein as "Parcel B." 1.3 EXCHANGE. The parties hereto desire to exchange their respective parcels in accordance with the terms of this Agreement. 1.4 STREET IMPROVEMENTS. The Ada County Highway District ("ACRD") will require the construction of certain street improvements to the right-of-way of Cherry Lane. The Church agrees to construct such street improvements in accordance with the terms of this Agreement. SECTION 2. EXCHANGE. 2.1 TRANSFER BY BOESIGER. Boea19ewatererightstrditchesand convey to the Church Parcel B, including Boesiger warrants and rights-of-way for ditches appurtenant thereto. that it will be, as of the date of closing, the owner of fee simple title in and to Parcel B, subject only to current property taxes and assessements, easements of records, covenants and restrictions of record. y rees to TRAL75FER BY CHURCH. The Chincludingballgwater rights, 2.2 er Parcel A, for ditches appurtenant thereto. The Churc transfer and convey to Boesi9 the owner of fee simple ditches and rights-of.-way taxes any it will be, as of closing to current property °L record. warzdnts that gu~jjeCt only restrictions in and to Pazeel ~~ covenants and Y a ~1~12 easements of record, A is encumbered the TRUST. Parcel Board of assessments, DEED OF. the Rome Mission 2 3 RELEASE. OF e urcTto Deed of Trust grante~~Y ~t ;.., Southern Baptist Convention to secure payment of a debt in the original principal amount of 555,000.00. Prior to closing, the Church shall secure and record a Partial Release of Deed of Trust from the Home t•tission Board, whereby the Board releases from this Deed of Trust Parcel A. 7.4 LIKE KIND EXCHANGE. The parties intend that the exchange of Parce A .or Parce B shall be treated for income tax purposes as a "like kind" exchange under Section 1031 of the Internal Revenue Code. 2.5 TITLE INSURANCE. Boesiger shall purchase and pay for a standard owner's title insurance policy, insuring the title to Parcel A, in the amount of $10,000.00. Boesiger shall also purchase and pay for a standard owner's title insurance policy, insuring the title to Parcel e, in the amount of $10,000.00. Boesiger shall deliver to the Church the preliminary commitment for the title insurance policy covering Parcel B. The Church must object to any matter contained in the title commitment covering Parcel B, within ten (10) days from the date of delivery, or at closing, whichever event shall Eirst occur. Boesiger must object to any matter contained in the tir_le commitment for the policy covering Parcel A, within ten (10) days from the date of issuance of the commitment, or. at closing, whichever event shall first occur. F.ach policy shall insure the party acquiring a parcel against loss or damage sustained by reason of the unmarketability of the title, or liens or encumbrances against the property, except for matters contained in the usual printed exceptions in such policies, current taxes and assessments, easements and rights-of-way. 2.5 APPORTIONMENT OF REAL PROPERTY TAXES. Real property taxes and any assessments assessed against each parcel shall be apportioned as of the closing date. 2.7 DEEDS. Each deed shall be the usual warranty deed in proper form L-or recording and shall be duly executed and acknowledged, so as to convey to the Grantee the fee simple title of the property conveyed, free of all encumbrances, except as herein stated. The Church shall reserve in the deed conveying Parcel A an easement for a sewer line as more particularly described in Section 3. 2.8 CLOSING. The closing of the transaction shall be held at Pioneer Title Company of Ada County, Idaho, Boise, Inc., on February 1, 1991, or such later date as the parties may mutually agree upon. Boesiger shall pay the closing fees. At closing, the long term escrow described in Section 4 shall be established. 2.9 NO WARRANTIES. Boesiger has examined Parcel A, knows the conditions thereof and is exercising its own judgment as to the condition and value of Parcel. A. No warranties have been made by the Church with reference to Parcel A, except as set forth in this Agreement. • ~ ,.., Boesiger accepts Parcel A in its present condition AS IS including latent defects, without representations or warranties, express or implied, except as stated in this Agreement. Boesiger acknowledges that it has ascertained, from sources other than the Church, the applicable, zoning, building, housing and other regulatory ordinances and laws and that Boesiger accepts Parcel A with full ativareness of. these ordinances and laws as they may effect the present use or intended future use of the subject property. The Church has examined Parcel B, knows the conditions thereof and is exercising its own judgment as to the condition and value said property. No warranties leave been made by Boesiger with reference to Parcel B, except as set forth in this Agreement. The Church accepts Parcel B in its present condition AS IS including latent defects, without representations or warranties, express or implied, except as stated in this Agreement. The Church acknowledges that it has ascertained, from sources other than the Boesiger, the applicable, zoning, building, housing and other. regula- tory ordinances and laws and that the Church accepts Parcel B with full awareness of these ordinances and laws as they may effect the present use or intended future use of the subject property. 2.10 POSSESSION AND RISK OF LOSS. Boesiger shall be entitled to possession o Parce A as o_ t e date of closing. The Church shall he entitled to possession of Parcel B, as of the date of closing. The Church shall bear the risk of loss to any existing improvements on Parcel A until closing, and Boesiger shall bear such risk of loss after closing. Boesiger shall bear the risk of loss to any existing improvements on Parcel B until closing, and the Church shall bear such risk of loss after closing. 2.11 CONDITIONS PRECEDENT. The parties recognize that the followino are conditions precedent to the closing of the exchange contemplated by this Agreement:. a. Boesiger. obtaining fee simple title to Parcel B; b. The Church obtaining a partial release from the Deed of Trust granted to the Etome Mission Board; c. Approval of the commitments for title insurance policies; d. Boesiger obtaining approval of a preliminary plat for the development of a residential subdivision, with at least one hundred fifteen (115) lots, to be developed on the real property which adjoins Parce.is A and B. This Agreement is contingent upon satisfaction of. each of these condi- tions and, in the event any of these conditions are not satisfied, then the closing shall be postponed for up to ninety (90) days. If anY of. these conditions cannot he satisfied by itill~~~~• then this Agreement shall he cancelled and neither party shall have any claim against the other. Each party shall use its best efforts to ;.., satisfy each condition. SECTIOCI 3. CONSTRUCTION OF SEWER SERVICE LINE. 3.1 INSTALLATION OF SEWER SERVICE LINE BY BOESIGER. Boesiger shall install, at a location to be determined by Boesiger, a sewer service line, four inches in diameter, to serve the building located on the real property owned by the Church and adjacent to Parcel A. The sewer service line shall run from the main sewer service line, to he constructed on other real property, to he owned by Boesiger, adjacent to Parcel A, t-o the east boundary of Parcel A and then stubbed across the boundary line on to the Church's property. Y 3.2 PAYMENT OF COSTS. Boesiger shall pay all costs associated with the installation of the sewer line from the main sewer service line to the west boundary of Parcel B. Boesiyer shall indemnify, defend and hold the Church harmless from any and all claims arising from the failure of Boesiger to pay such fees. Boesiger shall not be liable Eor the payment of any other fees or costs, associated with sewer service to the Church, including but not limited to any sewer hook-up fees, or the costs incurred to install the sewer service line on any real property, which will be owned by the Church after the date of closing. 3.3 PERf4ANENT EASEP4ENT FOR SG47ER LINF,. At the closing of the exchange transaction, contemplated above, the Church shall retain an easement for this sewer line, across Parcel A, at a location to be determined by Boesiger. 3.4 TEMPORARY EASEI7ENT FOR SEPTIC TANK. At the closing of the exchange transaction, contemplated above, the Church shall also retain a temporary easement, across Parcel A, for. the existing septic tank, drain field, and service line which is currently used by the Church to service its building located on the adjacent real property. The Chur.ch's right to use this temporary easement shall terminate ninety (90) days after the sewer service line, described in Section 3.1, above, is constructed by Boesiger. SECTION 4. CONSTRUCTION OF STREF,T IMPROVEMENTS. 4.1 ACHD REQUIREMENTS. The parties recognize that the Highway District (ACF3D) will require the construction of certain Street Improvements, incl.~.iding but not limited to curbs, gutters, sidewalks and an asphalt traffic lane by the adjacent property owners, at their expense. These Street Improvements, required by ACEID, will hereinafter be referred to as "the Street improvements." These Street Improvements include, but are not limited, to the construction of approximately 530 linear feet of curbs, gutters, sidewalks and an asphalt traffic lane from the southeast corner of Parcel A, along the south boundary ofthe real property owned by the Church and the south boundary of Parcel B, I:o the southeast corner. of Parcel B. The loca- tion of the Street Improvements are further described on Exhibit "C". 4.2 ENGINEERING, DRAFTING AND REGULATORY APPRChVAL. Boesiger shall, at its own cost, undertake the engineering, drafting, and other work necessary to obtain approval of the street improvements by ACHD and any other governmental agency. Boesiger shall use its best efforts to obtain the necessary regulatory approvals. Boesiger shall indemnify, defend and hold the Church harmless from any claim arising Erom the failure of Boesiger to pay the costs associated with the work described in this paragraph. 4.3 CONSTRUCTION OF STREET IMPROVEMENTS. The Church shall construct, at its own cost and expense, the Street Improvements. This construction shall be completed by January 1, 1995. The Church shall indemnify, defend and hold »oesiger harmless from any claim arising from the failure of the Church to construct, or to pay for the Street Improvements. 4.4 RETENTION OF TITLE. Title to Parcel B shall be and remain in Boesiger and shall not pass to the Church, until ACFID has accepted in writing the Street Improvements or has waived in writing the requirements that the Street Improvements be constructed. 4.5 ESCROW HOLDER. Pioneer Title Company of Ada County, Inc., Boise, Idaho shall be the escrow holder. 4.5 ESCR047. The parties, at the time of closing, shall place in escrow the following instruments: (a) A warranty deed in standard form executed by Boesiger and conveying to the Church the fee simple title to Parcel B, free and clear of all liens and encumbrances except current taxes and assessments, easements of_ record, and covenants and restrictions of record, and except for any encumbrance placed upon Parcel B or suffered by the Church subsequent to closing. (b) An executed copy of this Agreement. (c) A quitclaim deed in standard form executed by the Church and transferring to Boesiger the interest of the Church in and to Parcel B, it being specifi- cally agreed by the parties that, in the event of a default herein on the part of. the Church and the sub- sequent delivery of the escrow documents to Boesiger as herein provided, this Quitclaim need shall be con- clusively presumed to convey to Boesiger any and all interest the C17urch may have acquired in Parcel B as of the date the escrow documents are returned to Boesiger. (d) Escrow Instructions in standard form. The escrow holder is inonrdetositobyetheeChurch withhthe above documents to the Church, up P ,5 escrow holder of a letter from ACHD, properly signed, whereinlACHD acknowledges that the Street Improvements, described above, have been constructed and accepted by ACHD, or a letter from ACHD, properly signed, wherein ACHD waives the requirement for the construction of such Street Improvements. The escrow holder shall mail to Boesiger a copy of the letter from ACHD. Boesiger shall have thirty (30) days from the date of mailing of the letter by the escrow holder to object in writing to the release of the documents. If Boesiger shall fail to timely object, then the documents shall be delivered by the escrow holder to the Church. In any other event, the documents shall be returned to Boesiger. An executed copy of this Agreement, together with the written form escrow instructions, shall constitute the escrow instructions. 4.7 ESCROW FEES. The initial escrow setup fees and annual escrow fees, if any, shall be paid by Boesiger. 4.8 REPIEDIES. Time is agreed to he of the essence of this Agreement and of any subsequent agreement in relation hereto and full performance by the Church of all its obligations hereunder is and shall be a condition precedent to the right to a conveyance Hereunder. In the event either party fails to comply with any of the terms hereof then the other party, through said escrow holder, shall L-irst give t-o the party in default thirty (30) days' notice in writing, specifying wherein such party has failed to comply with the Agreement. Said notice shall be mailed by the escrow holder to the party in default in accordance with Paragraph 5.12. If the Church fails to correct such default within said thirty (30) day period, then Boesiger may declare a forfeiture of all the rights of the Church under this Agreement and of all the Church's interest in and to Parcel B, and Boesiger may thereupon take immediate possession of Parcel B rel-aining Parcel B as agreed liquidated damages and not as a penalty, and as the reasonable value of the use and occupancy of Parcel B during the time that possession of same is retained by the Church under this Agreement, and Boesiger shall be entitled to the return of all documents held by the escrow holder, in connection herewith, or Boesiger may maintain an action in equity or aL- law for specific performance and/or damage. These remedies of Boesiger are not exclusive and Boesiger shall be entitled to any other remedies accorded it by law. In the case of a default of this contract occurring and forfeiture being declared as hereinabove provided, the Church shall immediately surrender possession o£ Parcel B to Boesiger in as good condition as when the Church received the same, depreciation from the reasonable use and occupancy thereof excepted, and upon the pccurrence of such event, the Church shall no longer have any interest in or to Parcel B. In the event of such default and forfeiture, the Church ;., ,~ agrees to execute and deliver to Boesiger any documents or instruments which are necessary to restore good and marketable title to Parcel B in Boesiger. The parties specifically agree that from and after the date of such forfeiture, the Church shall he deemed to be the tenant of Boesiger holding over after the expiration of its lease, and shall be subject L-o removal from the premises under the laws relating to unlawful and forceful entry and detainer. In the event it becomes necessary for a party to send a notice of default, as hereinabove specified, the party in default shall pay, in addition to the charges of the escrow holder for sending the notice, a reasonable attorney's fee for preparation of each such notice of default. The payment of such costs, including attorney's fees and late charges, must be made before the notice of default is deemed cured. If Boesiger fails to commence correction of any default within thirty (30) days, the Church may sue for specific performance or seek to exercise any other remedies accorded it by law. 4.9 BOESIGF.R'S OPTION TO CONSTRUCT THE_STREET IMPROVEMENTS. If ACHD or any other governmental agency should require construction of the Street Improvements before ~7anuary 1, 1995, or iE the Church should fail to complete construction of the Street Improvements on or before January 1, 1995, then Boesiger, at its option, may undertake or complete construction of the Street Improvements. In this event, the Church shall timely pay to Boesiger, all expenditures so made, plus fifteen percent (158) to compensate Boesiger for its overhead, on or before January 1, 1995. The unpaid balance owing for expendi- tures, including the overhead charges, shall bear interest at the rate of eighteen percent (168) per annum from January 1, 1995, until paid. The failure of the Chu rch to timely pay such sums on January 1, 1995, or thereafter., shall constitute a default under the terms hereof. 4.10 IMPACT FEES. The parties recognize that ACHD may impose impact fees. In h s event, the Church shall timely pay all impact fees assessed by reason of its ownership or use of Parcel B and any other real property (other than Parcel A) then owned or used by the Church. IF ACHD waives its requirement that the property owner construct the Street Improvements, then the Church may submit to the escrow holder a letter from ACRD by which ACRD acknowledges this waiver, as more particularly described above. The Church also recognizes that ACHD, if it assumes the obligation to construct the Street Improvements, may not construct the Street Improvements within the time frame set forth in this Section. 4.11 IMPROVEMENTS TO PARCEL B. All improvements to Parcel B shall become appurtenant to Parcel e. In the event of the termin- ation of this Agreement by default of the Church, all improvements to Parcel B sha.11 be additional security for this Agreement, and shall belong to Boesiger without liability or obligation on the part of Boesiger to account to the Church therefore. 1' i 4.12 NO WASTE OR LIEN. The Church covenants to commit no waste upon Parcel B and to permit no waste to be committed by others, and further agrees to keep Parcel B free and clear of all liens and encumbrances of every kind or nature whatsoever. ;.. f 4.13 COMPLIANCE WITH LAWS. The .Church shall promptly. comply with all laws, ordiances, regulations, directions, rules and requirements of all governmental authorities applicable to the use or occupancy of Parcel B, and in this connection shall make all required repairs, alterations and additions. 4.14 INSOLVENCY, RECEIVERSHIP, ASSIGNMENT, BANKRUPTCY. A default hereunder shall also he deemed to occur if the Church becomes insolvent, a receiver is appointed to take possession of all or a substantial part of. the Church's properties, the Church makes an assignment f.or the benefit of creditors or files a voluntary petition in bankruptcy, or the Church is the subject. of an involuntary petition in bankruptcy which is not dismissed within ninety (90) days. 4.15 ASSIGNMENT. The Church shall not voluntary transfer any interest in this Agreement, or any interest in Parcel B without first obtaining the express written consent of Boesiyer, which consent shall not be unreasonably withheld. Any contract or conveyance in violation of this paragraph shall not vest in the transferee, any right, title or interest whatsoever in this Agreement or in Parcel B. SECTION 5. MISCELLANEOUS. 5.1 ENTIRE AGREEMENT. This Agreement contains the entire agreement of. the parties and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or affect, except to the extent that the same are contained herein. 5.7_ EXHIBITS. All exhibits attached hereto are incorporated herein by reference. 5.3 PRIOR AGREEMENTS. This Agreement supersedes any prior agreement between the parties hereto, whether in writing or otherwise, and any such prior agreement shall have no force or effect upon and after the date of execution of this Agreement. 5.4 t9ODIFICATION. No change or modification of this Agreement shall be valid unless the same is in writing and signed by all parties hereto. 5.5 FURTHER ASSURANCES. Each of the parties agrees to execute any other documents necessary or appropriate to effectuate the intention of the parties expressed in this Agreement. 5.6 TIME IS OF THE ESSENCE; NO WAIVERS. Time and the prompt performance of each and every obligation of the partier hereto are agreed to be of the essence of this Agreement. Any departure from the conditions and terms of this Agreement, or any :_ delay in the enforcement of the same by either party, shall not operate to waive or be a waiver of the rights of either party to stand upon the strict letter or construction of this Agreement or to require performance in accordance with the express terms set forth herein. 5.7 ATTORNEY'S FEES. If either party hereto defaults in any manner or fails to fulfill any and all provisions of this Agreement, and if the nondefaulting party places this Agreement with an attorney to exercise any of: the rights of the nondefaulting party upon such default or failure, or if suit be instituted or defended by the nondefaulting party by reason of, under or pertaining to such default or failure, then the nondefaulting party shall be entitled to recover reasonable attorney's fees, costs and expenses from the defaulting party. The nondefaulting party shall also be entitled to recover from the defaultiny party reasonable attorney's fees, costs and expenses which are incurred by the nondefaulting party to defend or prosecute a claim against a third party which arose because of a default_ under the terms of this Agreement. This paraclraph shall. be enforceable by the parties notwithstanding any rescission, forfeiture or other termination of this Agreement. 5.8 SEVEP.ABILITY. In the case that any one or more of the provisions contained in this Agreement, or any application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality or unenforceabiltiy of the remaining provisions shall not in any way be affected or impaired thereby. 5.9 SUCCESSION. This Agreement shall inure to and shall bind the respective heirs, personal representatives, successors and assigns of the parties. 5.10 47ARRANTIES RE CORPOP,ATE STATUS. Each party warrants and represents that it is a corporation duly organized and in good standing under the laws of the State of Idaho, that its corporate officers have the authority to execute this Agreement, and that this transaction, including the execution of_ this Agreement, has been approved by its Board of Directors, at a legally called and conducted meeting. 5.11 PREPARATION OF THIS AGREEMENT AND RELATED DOCUMENTS. The parties acknowledge that this Agreement and documents relating thereto were prepared by the attorneys for Boesiger and that the Church has been advised to consult its own attorney for advice in regard to the negotiations of the terms hereof and the execution of the same. 5.12 NOTICES. Any notice or any other communication required to be given to either party shall be deemed given when deposited in the United States mail, postage prepaid, by certified mail, return receipt requested, addressed to the party to whom notice is to be given at the following addresses or at such other address as the party may advise the other party of in writing: ;.. 1 Max A. Boesiger, Inc. 6479 Glenwood Boise, Idaho 83703 Cherry Lane Baptist Church of Meridian, Idaho, Inc. 2150 West Cherry Lane Peridian, Idaho 83642 5.13 NO JOINT VECITURE. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of. joint venture between the parties hereto. I 5.14 ASSIGNMENT BY BOESIGER. Boesiger may assign to a third party all, or any part of its righl•, title and interest in and ~ to this Agreement and/or Parcel A. IN WITNESS t+THF,REOF, the parties hereto have executed this Agreement effective the day and year written above. MAX A. BOESIGER, INC. By Max A. Boesiger, Jr. Its President ATTEST: Ruth V7arfield, Secretary CHERRY LANE BAPTIST CHURCH OF MERIDIAN, IDAHO, INC. By % ~6-~'-~+-~' I s: ATTEST: ~' ~~~ i t~? / e.e~-rfr.e y STATE OF IDAHO ) ss. County of Ada ) On this day of December, 1990, before me, the under- signed, a Notary Public in and for said State, personally appeared ;., MAX A. BOE5IGER, JR. and RUTH WARFIELD, known or identifie to me to be the President and Secretary, respectively, of MAX A. BOESIGER, INC., 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 My Commission Expires: ______ STATE OF IDAF30 ) ss. County of Ada ) On this 13TH day of December, 1990, before me, the under- signed, a Notary Public in and for said State, personally appeared DONALD R. LANE and JAMES R. JACKSON ~ known or identified to me to be the PRESIDENT and SECRETARY , respectively, of CHERRY LANE BAPTIST CHORCH OF MERIDIAN, IDAHO, INC., 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. r~ N tary Public for Idaho ' Residing at ~G Idaho ;MERIDIAN My Commission Expires: '1%23/96 ,.., ~ EXHIBIT "A" PARCEL A P4etes and bounds survey description of one acre parcel now owned by the Church to he transferred to Boesiyer. EXHIBIT "A" ~X ' EXHIB_ IT °Fi" PARCEL B t9etes and bounds legal description of two acre parcel, to be acquired by Boesiger and then transferred to the Church. ~ '~ 4 ~ ~ r .,~! - mNC• - ~:~ ,r O I •.. .... .. . ~~ 1 .. ! v m ! ~ rf1 r j ~ r. ! J ~ .a. ~ ~ V + .~ O ~ y •.. \ e s n1 •~. ~ :~~ ~~ ~ ~ a ` ~ t ~_~ ~` ; . ~, ` -- f •• • . ~~ ' • ~ . ,~ .. ~ _ ~ ~ ~ .o: ~ . ~ ; ,. .. r '....__ 'p ' k p J [ t3 ~q. ~ n ~ ~. ~ ~ 4 ' •~ O :~ O: ' '. . 0 ~ {F •1 •• - d GJ N ~ . ~ ~ .., .~ ... a - .. ~ ~ ~ . .: . I , .. f: _ o _ ~~ • . . w . ~ ~ YSo2~ •~C ~r .. ~j` • ,,A' .-- ,.-~ DECLARATION Q92e2A~ ",,,.,.- 6' COVENANTS, CONDITIONS AND RESTRICTIONS r° FOR ` BELMONT PARK SUBDIVISION - PHASE 1 THIS DECLARATION is made effective on the _~Fh day of April, 1989 by MAX A. BOESIGER, INC., an Idaho corporation, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner ofi certain real property in the County of Ada, state of Idaho, hereinafter referred to as the "Property", more particularly described as follows: Belmont Park Subdivision, a portion ofi the NE 1/4, of the NW 1/4, of Sec. 35, T.4.N., R.1.E., B.M., Boise City, Ada County, Idaho, according to the offiicial plat thereofi re- corded as Instrument No. 8928014, records ofi Ada County. NOW THEREFORE, Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is andior shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the fiollowing terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, condi- tions, reservations, easements and restrictions set forth herein shall run with the sand constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall insure to the benefit of every lot, parcel or portion of the Property and any interest therein, and shall insure to the benefit of and be binding upon Grantor, its successors in interest and each grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any owner or his successors in interest, or by the Association. Notwithstanding the fioregoing, no provision of this Declara- tion shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improve- ments thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. BELMONT PARK DECLARATION - 1 2/4-5-89/A5/BELDEC ARTICLE Z .•-~ DEFINITIONS a 1.1 "Articles" shall mean the Articles ofi Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defiined in this Declaration. 1.3 "Association" shall mean and refier to Belmont Park Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regula- tions promulgated by the Association governing conduct upon and use of the property under the jurisdiction or control of the Association, the imposition ofi fines and forfeitures fior viola- tion ofi Association Rules and regulations, and procedural mat- ters for use in the conduct of business of the Association. 1.5 "Benefiiciary" shall mean a mortgagee under a mortgage or beneficiary under a deed ofi trust, as the case may be, and/or the assignees ofi such mortgagee, benefiiciary or holder, which mortgage or deed of trust encumbers parcels or real property on the Property. 1.6 "Board" shall mean the Board ofi Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refeh to any plot ofi land showing upon any recorded plat of the Property with the exception ofi Common Area. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10- "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the com- mon use and enjoyment ofi the Owners. The Common Area in Phase 1 to be owned by the Association at the time ofi conveyance ofi the first Lot is described as follows: Lot 1, Block 1, Lot 1, Block 2 and Lot 1, Block 4 in Belmont Park Subdivision. BELMONT PARK DECLARATION - 2 2/4-5-89/A5/BELDEC 1.11 "Declaration" or "Supplemental Declaration" shall refer to this Declaration as hereafter amended"land supplemented from time to time.. 1.12 "Declarant" shall mean and refier to Max A. Boesiger, Inc., an Idaho corporation, its successors and as- signs, if such successors or assigns should acquire more than one tl) undeveloped Lot from the Declarant for the purpose of development and as a part ofi such conveyance, the Declarant assigns and transfers to such transferee the Declaraht's rights with respect to such Lots. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities, and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed ofi trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, ofi a fee simple title to any Lot which is a part ofi the Properties, including contract sellers, but excluding those having such interest merely as security fior the perfiormance of an obligation. 1.19 "Plat" shall mean the recorded Plat of Belmont Park Subdivision and the recorded Plat of any other Properties an- nexed hereto. 1.20 "Properties" or "Property" shall mean and hefier to the Phase 1 real property hereinbefiore described, and such additions thereto as may hereafter be annexed and brought within the cover- age ofi this Declaration as more particularly provided fior herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. TION 3 BELMONT PARK DECLARA 2/4-5-89/A5/BELDEC 1.22 "Unit" shall mean one residence which shall be situat- ed upon a Lot. ;•,~ ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Land Use and Buildin Type. No Lot shall be used except fior residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or profiessional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No Improvement shall be erected, altered, placed or permit- ted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Size Limitations. Split level and two (2) story Units shall not have less than 1,500 square feet ofi total interior floor area, exclusive of porches and garages. All other Units shall not have less than 1,400 square fleet of interi- or floor area on the ground floor of the main structure, exclu- sive ofi porches and garages. 2.1.2 Gara es. Each Unit constructed within the Property shall include at least a two (2) car, enclosed garage which is an integral part of the unit structure. Architectural Control. No Improvements which will 2.2 ultimately affect the above ground Improvement shall be built, erect- be visible above ground or which wil without limitation, visibilitY ofi any altered, includon9the Property, unless ed, placed or materially and plot plan have change of exterior colors or Spec fications, Committee and the and until the building plans, advance by the Architect The review and apprde- been reviewed in the Committ{he following factors: a roved by upon a hy, setbacks, same have beeroval may be based and form, top°gr p drainage, al or disapP elements, mass symmetry, acts on sign and style architectura°lr aesthetic imp to round elevations, h sical conformity finish g color and materials, p y Areas, artisticertY which the exterior, erties, including Common the Prof deem other prop the other Improvemen reasonable discretion, _ the terrain and in their royal of the arcohftthe Committee, to the app appearance Architectural requirements as the exterior to serve as Said only tO intended relevant. shall apply is not interi- tural design This Declaration control th~idental- Committee tO Improvements. Cept to the extent in authority for the Architectural or layout or design of buildings ex ~y ~e~eSSltdtCd qY use and size restrictions. - 4 gELMONT PARK DECLARATION Z/4_5-89jp5/BELDEC 2.3 Exterior Maintenance; Owner's Obligations. No Im- provements, including mail boxes and landscaping, shall 'I~e per- mitted to fiall into disrepair, and each Improvement shall'at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to main- tain, to fall into disrepair so as to create a dangerous, un- safe, unsightly or unattractive condition, or damages to proper- ty or fiacilities on or adjoining their Lot which would otherwise be the Association's responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assess- ments set fiorth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collect- ing the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days afiter receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assess- ments. Each owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reason- able time following written notice. In the event the improvements on any Lot shall suffer dam- age or destruction from any cause, the Owner thereof shall under- take the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If after ninety (90) days the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken Place, the Association, upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so and such owner shall bear all cost incurred by the Association. Should the owner fail to reimburse the Associa- tion, a lien shall be applied to the Lot. 2.4 Improvements Location. No Improvement shall be constructed in violation of set back requirements established by law, or by this Declaration as set fiorth on the recorded plat of the subdivision. _ 2.5 Nuisances. No noxious or ofifansoffiensivelodorlnshall ing without limitation, those creating be carried on upon any Lot of the Common Area nor shall anvthiny BELMONT PARK DECLARATION - 5 2/4-5-69/A5/BELDEC be done thereon which may be or may become an annoyance or nui- sance to the neighborhood. '~+ 2.6 Temporary Structures. No Improvement ofi a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or the Declarant to advertise the proper- ty during the construction and sales period. 2.8 oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining opera- tions of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erect- ed, maintained or permitted upon the Property. 2.9 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 commer- cial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any Lot, or within five (5) feet of a setback line where applicable. Dog runs or ken- nels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visi- ble from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supply. No individual water supply system shall be permitted on any Lot. 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the fiollowing sewer requirements of the City of Boise City: i BELMONT PARK DECLARATION - 6 2/4-5-89/A5/BELDEC ~i 2.12.1 A monthly sewer charge must be paid afiter '''~ connecting to the Boise City public sewer system, according '" to the ordinances and laws ofi Boise City. 2.12.2 Each owner shall submit to inspection by ei- ther the Department of Public Works or the Department of Building whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its property. 2.12.3 The applicant/owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in Boise City the right and power to bring all actions against the Owner ofi the premises hereby conveyed or any part thereof for the collection of any charges herein stated. This covenant shall run with the land. 2.13 Sight Distance at intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at eleva- tions between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area fiormed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge ofi a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufifiicient height to prevent obstruction of such sight lines. 2.14 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual owners. 2.15 Boats, Campers and Other Vehicles. No boats, trail- ers, tractors, recreation vehicles, (i.e., any trailers, camp- ers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non-working) greater than three-quarters (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion ofi the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Control Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicles which is in good repair and working order which does not exceed the fiollowing dimensions may be stored on a Lot between front and rear yard setbacks ifi screened by a six BELMONT PARK DECLARATION - 7 2/4-5-89/A5/BELDEC foot (6') fence: eight (8) feet wide, twenty-seven (27) feet '"long and ten (10) fleet high. 2.16 Bathrooms. All bathroom, sink and toilet facili- ties shall be inside residence buildings and shall be connected. by underground pipes directly with the Boise sewer system. 2.17 Antennae. No television antennae, satellite receiv- ers, or radio aerials shall be installed on the Property, other than within the interior ofi a Unit. 2.18 Hazardous Activities. No activity shall be conduct- ed on or in any unit, Lot or Common Area which is or might be unsafe or hazardous to any person or property. Without limiting the generality ofi the foregoing, no fiirearms shall be discharged upon said Property; no open fiires shall be lighted or permitted on any property except in a selfi-contained barbecue Unit while attended and in use for cooking purposes, or within a safe and well-designed interior fiireplace, except such picnic fiihes in portions of said Common Areas designated for such use or except such controlled and attended fiires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fiabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Control Committee. "Screened" is defiined as being concealed or made non-visible firom eye level, at grade, at all points within the Property. 2.20 Lights, Sound - General. from any Lot or from Common Areas bright or causes unreasonable glare. from any Lot or Common Area which is ing, and no odors shall be emitted noxious or ofifiensive to others. No light shall be emitted which light is unreasonably No sound shall be emitted unreasonably loud or annoy- on any property which are 2.21 Construction. During the course of actual construc- tion ofi any permanent improvements, the restrictions contained in this Declaration and any supplemental declaration shall be deemed waived to the extent necessary to permit such construc- tion, provided that during the course of such construction noth- ing shall be done which will result in a violation of these restrictions upon completion ofi construction and all construc- BELMONT PARK DECLARATION - 8 2/4-5-89/A5/BELDEC tion shall be diligently prosecuted to completion, continuously and "6aithout delays. 2.22 Re-Construction. In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said reconstruction shall be prosecuted diligently, continuously and without delays firom time of commencement thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such cause continues. 2.23 Maintenance and Repair. In the event the improve- ments on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereofi within ninety (90Y days of such damage or destruction. 2.24 Fences. All fences shall be ofi vertical cedar design and construction. No grape-stake fences or fences of basket-weave design shall be allowed. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set fiorth on all Plats are hereby incorporated by reference and notice is hereby given of the same. ARTICLE III PROPERTY RIGHTS 3.1 Owners' Easements of Enjoyment. Every Owner shall have a right and easement ofi enjoyment in and to the Common Area which shall be appurtenaht to and shall pass with the title to every Lot, subject to the following provisions: 3.1.1 the right ofi the Association to suspend the voting rights ofi an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction ofi its published Association rules and regulations; and 3.1.2 the right of the Association to dedicate or transfer all or anv part of the Common Area to any Public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. Such dedication or transfier shall be efifective upon the recording of an appropriate instrument executed by the President and secretary of the Association and upon which said ofifiicers affirm that the transfer or dedication was approved by the Owners ofi a majority of the Lots. 3.2 Delegation ofi Use. Any Owner may delegate, in accor- dance with the Bylaws, his right ofi enjoyment to the Common Area BELMONT PARK DECLARATION - 9 2/4-5-89/A5/BELDEC and facilities to the members ofi his family, guests, his ten- ants, or';'contract purchasers who reside on the property. 3.3 Damages. Each owner shall be liable for any damage to such Common Areas or other property owned or maintained by the Association which may be sustained by reason ofi the negli- gent or willful misconduct of said owner or of his family and guests, both minor and adult. In the case ofi joint ownership of a Lot, the liability of such owners shall be point and several. The cost of correcting such damage shall be as a limited assess- ment against the owner and his Lot and may be collected as pro- vided herein for the collection ofi other assessments. ARTICLE IV BELMONT PARK HOMEOWNERS ASSOCIATION 4.1 Organization of Association. The Belmont Park Homeowners Association ("Association") is an Idaho corporation formed under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers .prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for anY reason, be amended or otherwise changed or interpreted so as to be inconsis- tent with this Declaration. 4.2 Membership. Each Owner of a Lot subject to this Declaration (including Grantees and Declarant) of a Lot by vir- tue ofi being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the succes- sor-in-interest of the Owner, and all memberships in the Associa- tion shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 Voting. The Association will have two (2) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Own- ers, with the exception of Declarant, ahd shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in anv Lot, all such persons shall be members. The vote fior such Lot shall be exercised as BELMONT PARK DECLARATION - 10 2/4-5-89/A5/BELDEC • they determine, but in no event shall more than one tl) vote be'"'Fast with respect to any Lot. 4.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to five t5) votes for each Lot ofi which Declarant is the owner. The Class B membership shall cease and be converted to Class A membership on January 1, 1998. 4.4 Board of Directors and Offiicers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Powers and Duties ofi the Assoc 4.5.1 Powers. The Association shall have all the powers ofi a non-profit corporation organized under the general non-profiit corporation laws ofi the State of Idaho sub9ect only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Decla- ration, the Articles and the Bylaws, and to do and perform anY and all acts which may be necessary or proper for, or incidental to the proper management and operation of the common Areas and the performance of the other responsibili- ties herein assigned, including without limitation: 4.5.1.1 Assessments. The power to levy assessments (annual, special and limited) on the Own- ers of Lots and to fiorce payment of such assessments, all in accordance with the provisions of this Declara- tion. 4.5.1.2 Right ofi Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursu- ant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, offi- cers, employees, or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable fior any omission BELMONT PARK DECLARATION - 11 2/4-5-89/A5/BELDEC r or improper exercise by the manager of any such duty or power+`x so delegated. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote ofi the Board such rules and regulations as the Association deems reasonable and which are consistent with this Declara- tion (the Association rules). The Association rules shall govern the use ofi the Common Areas by the Own- ers, families of any Owner, or by an invitee, licens- ee, lessee, or contract purchaser of an Owner; Provid- ed, however, that the Association rules may not dis- criminate among Owners and shall not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Association rules as they may firom #ime to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and posting, said Associ- ation rules shall have the same fiorce and effect as if they were set forth in and were a part of this Declara- tion. In the event of any confilict between any such Association rules and any other provisions of this Declaration, or the Articles or Bylaws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event ofi any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 Licenses, Easements and Rights-ofi- Way. The power to grant and convey to any third party such licenses, easements and rights-ofi-Way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Areas and fior the preserva- tion of the health, safety, convenience and welfare of the owners, for the purpose Of constructing, erecting, operating or maintaining: 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices fior the trans- mission of electricity for lighting, heating, power, telephone and other purposes; BELMONT PARK DECLARATION - 12 2/4-5-89/A5/BELDEC 4.5.1.6.2 drains";~ water drains sprinkling systems, lines or pipes; and 4.5.1.6.3 quasi-Public improves Public sewers, storm and pipes, water systems, water, heating and gas Any similar public or cents or facilities. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) Years after the death of the individu- als executing this Declaration, on behalfi ofi the De- clarant, and their issue who are in being as of the date hereof. 4.5.2 Duties of the Association. Zn addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs ofi common interest to all owners, and to perform each of the following duties: 4.5.2.1 Operation and Maintenance ofi Common Area. operate, maintain and otherwise manage or provide fior the operation, maintenance and management of the Common Area including the repair and replace- ment of property damaged or destroyed by casualty loss and all other property acquired by the Association. 4.5.2.2 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment ofi such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Associa- tion in the event that the Association is denied the status of a tax exempt corporation. 4.5.2.3 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area and other property owned or managed by it. BELMONT PARK DECLARATION - 13 2/4-5-89/A5/BELDEC lJ 4.5.2.4 Insurance. Obtain, from reputable insurance companiEs authorized to do business in the state of Idaho an'd maintain in effect the fiollowing policies of insurance: 4.5.2.4.1 Comprehensive public liabil- ity insurance insuring the Board, the Associa- tion, the Declarant and the individual owners and agents and employees. of each of the forego- ing against any liability incident to the owner- ship and/or use of the Common Area or other property owned or managed by it. Limits of liability of such coverage shall be as fiol- lows: Not less than Five Hundred Thousand Dollars ($500,000.00) per person and Five Hun- dred Thousand Dollars (5500,000.00) per occur- rence with respect to personal iniury or death, and property damage. 4.5.2.4.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars (5250,000.00). 4.5.2.4.3 Such other insurance includ- ing Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidel- ity and other bonds as the Board shall deem necessary or required to carry out the Associa- tion functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession ofi any Association funds or other property. 4.5.2.4.4 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5.2.4.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.4.6 Notwithstanding any other provisions herein, the Association shall contin- uously maintain in effect such other or addi- BELMONT PARK DECLARATION - 14 2/4-5-89/A5/BELDEC tional casualty, flood and liability insurance as the Board det'~ns necessary or appropriate. 4.5.2.5 Rule Making. Make, establish, pro- mulgate, amend and repeal the Association rules. 4.5.2.6 Architectural Committee. Appoint and remove members ofi the Committee, all subject to the provisions of this Declaration. 4.5.2.7 Drainage Systems. Operate, main- tain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 4.5.2.8. Right-of-Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fience located on the McMillan Road public right-ofi-way adjacent to the Property and such other landscaping located within public right-of-way as the Board deems necessary or appropriate. 4.5.2.9 irrigation Maintenance. Maintain, repair and replace all irrigation lines or channels located on or serving the Common Area, and to pay all maintenance and construction fees of the Nampa-Meridi- an Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.10 Street Lights. Maintain, operate, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the City of Boise City, the Ada County Highway District or other govern- mental entity. 5.4.2.11 Subdivision Approval Responsibili- ties. Perform all continuing duties and responsibili- ties imposed upon the Grantor pursuant to any govern- mental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for BCS 3-89. 4.6 Personal Liability. No member of the Board or anv committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manag- er, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account ofi any act, omis- sion, error or negligence of the Association, the Board, the manager, ifi any, or anv other representative or employee of the BELMONT PARK DECLARATION - 15 2/4-5-89/A5/BELDEC Association, the Declarant or the Architectural Committee, any other committee or any ofifiicer of the':"~ASSOCiation, or the Declar- ant, provided that such person has, upon the basis of such infor- mation as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS 5.1 Creation ofi the Lien and Personal Obligation of As- sessments. Each owner of any Lot, other .than Declarant, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: 5.1.1 annual regular assessments or charges; 5.1.2 special assessments for capital improvements, such assessments to be established and collected as herein- after provided; ahd 5.1.3 limited assessments as hereinafter provided. The regular, special and limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the prop- erty against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attor- neys' fees, shall also be the personal obligation ofi the person who was the Owner of such property at the time when the assess- ment fell due. The personal obligation for delinquent assess- ments shall not pass to his successors in title unless expressly assumed by them. 5.2 Purpose of Assessments. 5.2.1 Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfiare of the residents in the Properties and for the improvement and maintenance of the Common Area, to pay property taxes and other assessments, to pay the annual assessments of the Nampa-Meridian Irrigation District ahd to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. 5.2.2 Special Assessments for Capital Improve- ments. In addition to the annual regular assessments authorized above, the Association may levy, in any assess- BELMONT PARK DECLARATION - 16 2/4-5-89/A5/BELDEC " • ment year, a special assessment applicable to that Year only for the purpose of defraying,''"din whole or in part, costs and expenses of the Association which exceed the regular assessments or the costs and expenses of any con- struction, reconstruction, repair or replacement of a capi- tal improvement upon the Common Area, including fixtures and personal property related thereto, Provided that any such assessment shall be approved by a two-thirds (2/3) vote ofi each class ofi members who are voting in person or by Proxy at a meeting duly called for this purpose. Addi- tionally, upon the sale of each Lot by Grantor, the purchas- er shall pay a one-time special assessment of Thirty And No/100ths Dollars (530.00) per Lot. Such special assess- ment shall be paid on or before the date ofi recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organization costs for the Association and general costs ofi operation. 5.2.3 Limited Assessments. The 13mited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees fior corrective action necessitated by such Own- er, including, without limitation, costs and expenses in- curred for the repair and replacement ofi the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts ofi any Owner or occu- pant of a Lot who is occupying the Lot with the consent of such Owner, or fior maintenance ofi landscaping perfiormed by the Association which has not been perfiormed by Owner as provided herein. 5.3 Maximum Annual Regular Assessment. The initial maximum annual regular assessment to be assessed by the Associa- tion, shall be Thirty And No/100ths Dollars ($30.00) per Lot per Year. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10 :) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (107.) by a two-thirds (2/3) vote of the members who are voting in person or by Proxy, at a meeting duly called for this purpose. BELMONT PARK DECLARATION - 17 2/4-5-89/A5/BELDEC 5.3.3 The Board of Directors of the Association may fix the annual assessment at an amount not'"fin excess ofi the maximum as established from time to time. sections 5.2 2i anda 5 3 ~uo Written noticevof any meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meet- ing. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. Ifi the required quorum is not Present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) ofi the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days fiollowing the preceding meeting. 5.6 Uniform Rate of Assessment - Exemption ofi Declar- ant. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other basis as determined by the Association from time to time; provided, however, that unimproved Lots owned by Declarant shall be exempt from both annual and special assessments. 5.7 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments or any special assess- ments then in effect as provided for herein shall commence as to a Lot or Lots on the fiirst day of the month following the convey- ance of the Lot or Lots firom Declarant to an Owner or Owners. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a cer- tificate signed by an officer of the Association setting fiorth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the sta- tus of assessments on a Lot is binding upon the Association as of the date of its issuance. 5.8 Effect of Nonpayment of Assessments - Remedies ort the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twenty-one percent (21%) per annum or at the highest rate allowed by law if such rate is less than 21%. The Associa- tion may bring an action at law against the Owner personally obligated to pay the same, or fioreclose the lien against the BELMONT PARK DECLARATION - 18 2/4-5-89/A5/BELDEC • property. No owner may waive or otherwise escape liability for the assessments provided fior herein by non-use of"the Common Area or abandonment of his Lot. 5.9 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfier of anv Lot pursuant to mortgage fioreclosure or anY Proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfier shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Members of the Committee. The Architectural Commit- tee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designated by Declarant as the initial members of the Committee for the Property: Name Max A. Boesiger, Jr. Richard D. Boesiger Dan W. Linzy Each of said persons shall hold resigned or has been removed or ed, as provided herein. Members at any time without cause. Address 1399 East Monterey Drive Boise, ID 83706 131 Williams Boise, Idaho 83706 Suite 116, 4720 Emerald Street Boise, ID 83706 office until such time as he has his successor has been appoint- of the Committee may be removed 6.2 Right of Appointment and Removal. At any time, Grantor is the owner of at least one ofi the Lots, Grantor shall have the right to appoint and remove all members of the Commit- tee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 Review of Proposed Cohstruction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Decla- BELMONT PARK DECLARATION - 19 2/4-5-89/A5/BELDEC ration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or other written designation consis- tent with this Declaration, which types of Improvements shall be submitted for Committee review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, altera- tions or additions contemplated thereby in the locations indicat- ed will not be detrimental to the appearance ofi the surrounding area of the Property as a whole, that the appearance of any structure afifiected thereby will be in harmony with the surround- ing structures, and that the upkeep and maintenance thereof will not become a burden on the Assooiation. 6.3.1 Conditions on Approval. The Committee may condition its approval ofi proposals or plans and specifica- tions upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Appli- cant") to grant appropriate easements to an Association for the maintenance thereof, upon the agreement of the Appli- cant to reimburse an Association for the cost of mainte- nance, or upon all three, and may require submission of additional plans and specifications or other information before. approving or disapproving material submitted. 6.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed one Hundred And No/100ths Dollars (8100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. such rules and guidelines may establish, without limi- tation, procedures, specifiic rules and regulations regard- ing design and style elements, landscaping and fences and other structures such as animal enclosures as well as spe- cial architectural guidelines applicable to Building Lots located adjacent to public and/or private Open Space. 6.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior BELMONT PARK DECLARATION - 20 2/4-5-89/A5/BELDEC material colors. Until receipt by the Committee ofi any required plans and specifications, the Committee may post pone review ofi any plan submitted for approval. 6.3.4 Committee Decisions. Decisions ofi the Commit- tee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set fiorth in the application for approval with seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing ofi said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who mav, but need not be one ofi its members) to take anY action or perform anv duties for and on behalfi of the Committee, except the granting of variances pursuant to section 11.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act ofi the Committee. 6.5 No Waiver of Future Approvals. The approval ofi the Committee of any proposals or plans and specifications or draw- ings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Commit- tee, shall not be deemed to constitute a waiver ofi any right to withhold approval or consent as to any similar proposals, plans and specifiications, drawings or matter whatever subsequently or additionally submitted fior approval or consent. 6.6 Compensation ofi Member. The members ofi the Commit- tee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the perfor- mance of their duties hereunder and except as otherwise agreed by the Board. 6.7 inspection of Work. inspection ofi work and correc- tion of defects therein shall proceed as follows: 6.7.1 Upon the completion of any work fior which ap- proved plans are required under this article, the Owner shall give written notice of completion to the Committee. BELMONT PARK DECLARATION - 2l 2/4-5-89/A5/BELDEC 6,7,2 With sixty (60) days thereafiter, inspect lsuch "'~ or its duly authorized representative may improvement. If the Committee finds that such work was not done in substantial compliance with of a suchr nona compliance shall notify the Owner in writing the particu- within such sixty (60) day period, specifiYing lar noncompliance, and shall require the Owner to remedy the same. 6.7.3 Ifi upon the expiration of thirty (30) days from the date of such notifiication or any longer time the Commit- tee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Committee shall notify the Association Board in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, ifi so, the nature thereof and the estimated cost of correct- ing or removing the same. If a noncompliance exists, the owner shall remedy or remove the same within a period of not more than forty-five (45) days firom the date ofi the announcement ofi the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may either remove the non-complying improvement or remedy the noncompliance, and the owner shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the owner to the Association, the Board shall levy a Limited Assessment against such Owner fior reimburse- ment pursuant to this Declaration. 6.7.4 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereofi, nor its duly authorized Commit- tee representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out ofi or in any way connected with the performance of the Commit- tee's duties hereunder, unless due to the gross negligence or bad faith of the committee. The Committee shall review and approve or disapprove all plans submitted to it for any Proposed improvement, alteration or addition, solely on the basis of aesthetic consideration and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement ofi building, landscaping, color schemes, exterior fiinishes and materials and similar features, but shall not be responsible for BELMONT PARK DECLARATION - 22 2/4-5-89/A5/BELDEC • -~ ' reviewing, nor shall its approval ofi any plan or design be '" deemed approval of any plan or design firom the standpoint of 'structural safiety or confiormance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or anv Supplemental Declaration, including restric- tions upon height, size, floor area or placement ofi structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental con- siderations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Com- mittee, and shall become efifiective upon recordation in the Of- fiice ofi the County Recorder of Ada County. Ifi such variances are granted, no violation ofi the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter fior which the variance was granted. The granting ofi such a variance shall not operate to waive any ofi the terms and provisions ofi this Declaration or ofi any supplemental Declaration for any purpose except as tO~the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obliga- tion to comply with all governmental laws and regulations afifiect- ing his use ofi the premises, including but not limited to zoning ordinances and lot set-back lines or requirements imposed by any governmental or municipal authority. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES 7.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all ofi such other properties to the property covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regu- lations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declar- ant, its successors or assigns, at anv time, and from time to time, without the approval ofi any Owner, the Association or its Board ofi Directors provided that the FHA and the VA, or the HUD representative thereofi, determines that the annexation is in accordance with the general plan heretofore approved by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or dififierent covenants, conditions, restrictions, reservations and easements as Declar- ant, and FHA and VA, or the HUD representative thereof, may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such BELMONT PARK DECLARATION - 23 2/4-5-89/A5/BELDEC .. ~ ~.' . covenants, conditions, restrictions, reservations and easements as ~jre contained herein which Declarant and FHA and VA, or the HUD 'representative thereofi, deem not appropriate fior the other properties. 7.2 Additional Properties. Sub9ect to the provisions of Paragraph 1 above, upon the recording of a Supplemental Declara- tion as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declara- tion shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifiically provid- ed in such Supplemental Declaration. The Grantees ofi Lots locat- ed in the other properties shall share in the payment of assess- ments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added proper- ties from Declarant to an individual purchaser thereof. 7.3 Procedure for Annexation. The additions authorized under Section 7.1 above, shall be made by fiiling of record a Supplemental Declaration or other similar instrument with re- spect to the other properties or portion thereof, which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme ofi this Declaration to such other proper- ties subject to the changes, modifications, deletions and addi- tions as are applicable to such other properties or portion thereofi under such Supplemental Declaration. The fiiling of record of said Supplemental Declaration shall constitute and effectuate the annexation ofi the other properties or portions thereof described therein, and thereupon said other properties or portion thereof shall become and constitute a part of the Properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servi- tudes contained herein as modified by such Supplemental Declara- tion for such other properties or portion thereof, and become subiect to the fiunctions, powers and jurisdiction of the Associa- tion and the Owners of Lots in said other properties or portion thereof shall automatically become Members of the Association. Such Supplemental Declaration may contain such additions, modifi- cations or declarations ofi the covenants, conditions, restric- tions, reservations or easements and equitable servitudes con- tained in this Declaration as may be deemed by Declarant and FHA and vA, or the HUD representative thereof, desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant and FHA and VA, or the HUD representative thereofi, may deem appropriate in the devel- opment ofi the other properties or portion thereof. BELMONT PARK DECLARATION - 24 2/4-5-89/A5/BELDEC ARTICLE VIII ,.. ~ EASEMENTS 8.1 Maintenance and Use Easement Between Walls and Proper- ty Lines. Whenever the wall of a structure, or a fence con- structed on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property line of such Lot, the Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) fleet from the property line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the owner of such adjoining Lot is hereby granted an easement for landscaping purposes (not including permanent structures) over and on the area, if any, lying between the property line and such structure or fence so long as such use does not cause damage to structure or fence. 8.2 Other Maintenance Easements. Easements for installa- tion and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the in- stallation and maintenance ofi utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utility company is responsible. A further easement is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. ARTICLE IX GENERAL PROVISIONS 9.1 Enfiorcemeht. The Association, or any Owner, shall have the right to enfiorce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise afifect any other provisions which shall remain in full force and effect. BELMONT PARK DECLARATION - 25 2/4-5-89/A5/BELDEC 9.3 Interpretation. The terms, covenants and conditions hereof are to""~be read and interpreted consistently and in a manner to protect and promote Property values. 9.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, fior a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for succes- sive periods of ten (10) years unless an instrument signed by a seventy-five percent (75 :) of the then Owners of the Lots has been recorded agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year peri- od by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two- thirds (2/3) of the Owners of the Lots covered by this Declara- tion or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the owner of any lots the provisions of Article VI may not be amended without the written consent and vote of Grantor. 9.4 FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approv- al ofi the Federal Housing Administration or the Veterans Adminis- tration or the HUD representative thereof: annexation of addi- tional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this ~9 day of June, 1989. MAX A. BOESIGER, INC., an Idaho corporation BY: 1~~ ~1.t ~ 1 dt-e.--~a~ , Richard Boesiger Vice-President BELMONT PARK DECLARATION - 26 2i4-5-89in5/BELDEc ,'. ~ ~ . ' STATE OF IDAHO ) °SS. County of Ada ) ~ on this /~ day ofi June, 1989, before me, the under- signed, a Notary Public in and fior said State, personally ap- peared RICHARD BOESIGER, known or identified to me to be the Vice-President of MAX A. BOESIGER, INC., the corporatioh that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofificial seal the day and year in this certificate first above written. ~. ~~.~1 ~~~ . ~ 1 e ~- Y(. Gv 7 Notary Public for Idaho ~'~ ~ Residing at Boise, Idaho -/„~ ~ ~' 7 cl~``,~ MY commission expires: 5/~</l~/~~ V e Ada CounSy. Idaho, x Request of c~~ ~.e,2 TIhdE 3; 3'7 /') M ~ DA iE~~J _ _pp7y."~ ~C"~N ~TIDA RIiCGR ER BELMONT PARK DECLARATION - 27 2/4-5-89/A5/BELDEC .. .. • 8ss~zs4. • FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELMONT PARK SUBDIVISION - PHASE I 1X 1. This First Amendment to the Declaration of Covenants, Conditions and Restrictions for Belmont Park Subdivision - Phase i ("the Declaration") is made effective this ~~`1~i day of ~~, 1989, by MAX A. BOESIGER, INC., an Idaho Corporation, hereinafter "the Declarant." RECITALS This First Amendment to the Declaration is made with refer- ence to the following: On June 19, 198 , the Declaration was recorded as Instrument No. 8928247 official records of Ada County, Idaho. The real property covered by the Declaration is described as: Belmont Park Subdivision, a portion of the NE 1/4 of the NW 1/4, of Sec. 35, T.4.N., R.1.E., B.M., Boise City, Ada County, Idaho, according to the official plat thereof recorded as Instrument No. 8928014, records of Ada County. The Declarant now owns, as of the date of this Declaration, more than seventy-five percent (758) of the Lots of Belmont Park Subdivision Phase I. NOW, THEREFORE, the Declarant hereby declares that from and after the date this First Amendment to the Declaration is recorded in the official records of Ada County, Idaho, the Declaration is hereby amended as follows: 1. Article II is hereby amended by the addition of a new Section 2.26: 2.25 Front Lawn. The front lawn of each Unit shall be planted with sod turf within thirty (30) days after completion of the Unit, or as soon thereafter as the weather permits. 2. Section 4.5.1.4 is hereby amended by deleting the provision that a copy of the Association Rules must be posted in the Common Area. 3. Section 4.5.2.4 is hereby amended in part so that the first paragraph reads as follows: 4.5.2.4 Insurance. Obtain, if the Board so elects, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: 4. Section 6.8 is hereby amended in its entirety to read as follows: ~ # ... 6.g Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any Owner Grantee, or any other party for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, if such person has, upon the basis of such information as maybe pos- sessed by him, acted in good faith without willful or inten- tional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improve- ment, alteration or addition, solely on the basis of aesthetic consideration and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for review- ing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of struc- tural safety or conformance with building or other codes. 5. Except as expressly modified herein, the Declaration shall be and remain in full force and effect. IN WITNESS WHEREOF, the undersigned Declarant has executed the above First Amendment to the Declaration effective the day and year first above ~k~ nleano ss Rw~K DECLARANT: MAX A. BOESIGER, INC. r/N./~ / DA7.. /~~~~d" / RDER By r-~ ,(J r ~~~' /r~ Richard D. Boesiger, Vice-President STATE. OF IDAHO ) pep;ny; s s . (/fJ i,,, County of Ada ) ~ /'(~ On this a~~~' day of C/~-~a-~-~/U 19~~, before me the undersigned, a Notary Public in and for said State, personally appeared RICHARD D. BOESIGF.R, known or identified to me to be the Vice-President%of."Max A. Boesiger, Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said`corporatioii;'and acknowledged to me that such corporation executed,,,,x~e" same. ,~•~~• I[d.:W3-TNES$ WHEREOF, I have hereunto set my hand and affixed my; trfficial~se~1', fhe-day and year in this certificate first above wrltte+• is .' f:.: L : I,i " ''- ~:' Not ry Public for Ida ~'^ 4 ~` . ~., Res ding at Boise, i Qom-, y// r; v .- My Commission Expires: PS Form 3877, Scpt. 1986 FOR REGISTERED INSURED, C.O.D., CERTIFIED. AND EXPRESS MAIL ~_ 1 r -1 a u s Vi .- A W r. N r. ~-` r O b GD V O~ to A W N $ ' QZ ~ c y3 I~ i m° ' w w W w W W W W W W W w O O ~ In n O O O O O O O O O O O O O D . °.. y l0 N ~O N t0 O O l0 O W OJ J N 01 N 17 pppp ~P OJ W W N OJ H N O V l0 ~ V 3 O] , ~_ S C\ \ C\ ~ C\\ \ \ \ ni ~o ~Z ~ NW o~y OG Hd co~ OH rx7 mo OL~i] h-~ w~ O~ r m OH B ~ d J~ NH I~ J~ N Nd J N~ rro J:yrJ N r't7 N oJo ~P rd rnE NNH rro rns~ N CG" ".C ~ ppyy ~4 01HA ON O W DA $P ~z ~O ~y ~~ ~~ E y r y ~ yy r yy O rr z y ~ x ~ ~ » H~ H H H H H O OG~ O ~7 O~ OC " OG fn i Or dU~ O dG~ O dG~ O~ dG~ INTt O p~ s ~ ~O °. O 1 C~] 'U L~] F L•, ~ CTI C,(1 ~~77 ~v p C~H `L~rzC F~ $CsJ "LH ^L ~ $ F H ~ ~' D v, S z z ~C" Zyy ZZ H H T+O Y~ ?~C 3Y p~ ?~ b . Y~ Y~ m ~n t" O ~ O k~" k kH tC (] 1C k fC C]L" ~C CRI m 8 E E Z R1 ~'j N ~ 5C ~ H t" g ~ ~ ~~ ~~ ~ ~ ~ ~ : ~ v D a O \' ~ ~ H y H ~ H H ~ d d d o d o d ~C o ~ 2 ~ ' ~ z z ~ ~ ~ ~ ~ ~ y ~ y y r D v d z z z z Z ~ Z R l ` D 9 ~Z ~~Z Hv- d d o ~~' s < ~ H O O O O ydb~ 5C yvy~~ C yoy d ~ o ~ 0 ~ yO~ . ~ ~ O C O x O O O O pC O ~ O S ~ ~ ~ W ~ W ~ W O W O dD O W 07 W N ao 0 0 O p 1 01 J W W W W W W W l0 D W a ^~ ti OJ ~p N N N ~ N 01 iP N N Ol ~P N pl ~P ~ N ~ ~ W ' ~ r G ~ ~ o n ~ I ~° ~ ~ o ^ M ' b I 9 w ww k G _ e ~ 2 I o m '~' __ ~ T ~ . Y ~: ~';Nr f `a~ 'p O ~ j O y ~~ C O y y Sj ~^~Y q~ ge ~' ~ ~ ~ N a ~~' ~ ~~~! _ ~. Y7 O G ~ , ^ '! C ~Sw w vc~HC.^_~.Y I ~ X °r~.. M~ p o S.o na3~O5~ I ~ r- \ `? a' o ° v ~ '2a' ~ ~ '~ ~p~ ' `~ x a m ~ ~v~~<~6~wr w ~ ~ m~ ° ~ ~ N ~.Q O~y '~"!?~ ~ C m6 f.9 ~S cnG ~ ~ , 6 p~ ~ ` c.- a° ~ ~?~a ' ~ 'p S a m' `v ~ ' ~ ~~ »~. ~u`„a~ .. ~ O! ~ p ~ ~3 ~~~o ,,.0. °- 7boy~a a`~~' u9 Y °~: a ~A@~o~ .a z _.. o _ ~ ~, m ~~'y ~~6 nN a ioL ~ p QI 4pn nC p ~- ~~ aw =_ ,~ m c. w R n15 w ~ 0.?6~~ ~, .,,r, ~ a ~ O ~ L:J ono _.tiffi y. o..~o~m ~ ~- ~~ y ~ m ~ q Ul a pGro ~yv°cc: ~ ~ .... i PS Form 3877, Sept. 1986 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL r -1 g= .. H A W N Y r O •D 00 J T V1 A W N r' m O TAD '• mGm << ZmD m mQ ~m 2 ~Z D O N n` In ° : W r W r W H W N W r W r W I-~ W I-~ W O W O W O W O W O W O W O D c 3 , y 0 O O O O O O 8 ~O l0 lt) t0 10 t0 l0 1 n e ~.7 ON l3~ eLY W N 1--~ a ~O OD ~l 01 V1 iP W ~ n d o C m o ' O O O N b O9' N x1 O N ,'>•1 O~pp pppp N VJ OC N 3 iy N'() 00 H ~O F-• iG 10 b7 .'U' O $[1 O N H ln C~7 I~e~ l0 W C~ `,~ ~ o <" N ~1 L1 NW Oo ~ N O 01C z ~ J (((,,, (((,,,~~~~~~ N~ F+ [_] OD O O N~ l9 U7 1 0 Cn >C N tp~ O p~ .P N N In N~ 6~ W O W T~ ~c ~Q O~ ry C'V C~ '~"3 O ~L7 ~7 t" ~O x Z7 , y~ • ~1C i3-Ix ~FC ~H 4~ y 0 ~eOC a w~ n ~~--~ ~ ~~ ~ H88 HCn m H H'~] ~ H , H Uyy1 K HH HdC W ~ C7 DmT o o v p O ~Z ~ H m Ht -~ [~7 [IJ H L'~ H~ CIJ i tC U [~7~ 0 ~ [iJ e~ $ ~ ~(n 3 ~ kz ~z ~ z z zm zk z z z ~ k ~ ~C~ e~ ~ ~ 3 ki k K'i ~ K'i k ~ K'i F!i F_! ri $ ®mn. 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Arc°r' _ _~ b RHO ° 7~ „acw tl0 o~."m3o ry ..S'~ ` Y i° <»~r.»Na $O o c h„1i o"n ~ a nn w= ^M~ 6:J~y,n <p '•, 'Ja~bn x m y 'SAO r. H''n/~y~ ~'^ O~n ~ w C .. n~ ate;, ~ Ow ~ ' r . p p. A°~°o°3 x m ~' L Z Z 0 C) m N co< Fnu R FP,ISTERED. INSURED. C.O.D.. CERTIFIED, AND EXPRESS MAIL ra rorm s•i i, ~ . e.. • ~ ,,,, _ _ __ _ i.., o z r o to A W N O ~O On J O. to A W N ~ y ~ D 3 a , ` m Z c .c p D 2 9 3 H ] 0 0+ • i ^ `~ ~ ~ J~ O \ ° o ~ ~ u, w' r w ~ w r ~' w` r w ~ w r w w ~ w ~ w ~ r w N o Fw, o ~ N' I N ~ N O r ~ r O r v ~ ~ ~ ~ . r P r W r N F N -~ O l0 W ~ ~ N C 1 ~' N N3 N"~ N ® Q~ ow ~\ ~,hh • - l ` N3 O H F-'4 iO 0 N ~O Nd t0 y NU1 O H N O ~ ~P3 lO H yy N.~ lO H WO Nd t0 O ~ N(7 l0 N F !- ~D H .P ~ l0 O1 lO H QD (~ 8 O O N „! c f -' (7 W x ~p p~2 0 C~J N W ~ l 'T ~ 2 ~$o x~ NZ ~P ~PH ~r D1b ~ O) H U'~(7 [~J C" W~ W C t33T zg OCiJ U Ox v n OH 33 O y~J 3L O~' 3 O L~J 3 O ~ ~ ~ryy 'Ti v• wa p]C CT7 C~] r CiJO r zm 7, z O ~~ r ~ ~N T~< ~O ~ ~U) ^~ y0 ~ Z ?~ ®` +{~Tj °m :„ ~x~ ~ ~~ ~ ~z S~ ~ ~ 8 ~~ ~~ 8 8~ 8K 8 8~yy 3 8 8 a ®c~ ' ~0 tn . ~ 9'H k T' c T• K iWiH C7~ ~C FC ~C K ~C r< K ,g p a ~ ~ ~ ~~ , ~ ~ Z z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r m H ~ 0 0 o d d -C D y ~Z ~ ~ Gy ~ ~ ~ ~ 0 ~ ~ ~ ~ d ~ d ~ ~ ~ o 9 R 9 m y ~ HO HG b G H b ~.{ d H d ~ H d H d H d H d ~ H d H d 'ma H d ~ H d ~ g a O O ~ ~ ~ ~ O ~ ~ ~ O O ~ x O O O g O O o A O O OOO] W W £ ~ ~ ,P .p .p W 11 pp pp 11 W Q~ v 01 01 W p 1 Owl Op~ 01 O~ ~P Q~ w~ c ~. `»' C7 ~ n ~ , q N N N ~p N ~p N N N N N P N N ~ N N N N ~i ~~~ ~ n ~ 3 ~i ~ ~. a ~ x s g ~ H ~ ~ _ T "~{. ~ -_._ Y • • C n c ~ SS n wt m jFy~rv -_ _ I jj ^Qm ~ m- -rn •p ~£rW^e'n rn~c'~,^K ~ b ryn S~N r~ ~ ~~~'~. Ya sT.n.q ~ > o'er? co ~~x ac 3u ~ P ? _ _D ~^ .p.o Sb ~~ ~v C C p m c ,. -• ~ c ' ~ c~ ~ • io c'c C ' . ~ ' .c. ~ ~'. . w'OG a Sib 3. . :y <j w n ~~~ N ut • ~ OS~'7 ~~ f .~.G ~ Fn..f~, _ ~ N rr tn0 oo o c7 m ..c $ n2D . b boymo~ H ~occ O• w ~. ° ~ y w-x C 9wN~uem ] ] ~~. ~w °^'~am ~ °D e9 y °3> a°e ~ ~ br~~ O y-S y ~~vcu ~ °°o°°~mB° zy~~ TN ~J mY ~ ~ E s ~ ~c _c ' ~ cM rt a ~3m o w °y $? - Z ^. . Ti .'-.n b l~ °' w»ms T Vtndp Xti ] G.....,b . n ~° ,~ m ~ ~'cn w " % S 9 yy S "7 qa -.in H m ~"c ohm ~ O ~ ~Fr p°C,.io io ty] ~op = m ~ n0..-n'~GC n PS Form 3877, Sept. 1986 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL r e .. ~. .. .. .- t" ~ o ' D D ~„ U A W N ~+ O b W V O1 to A W N ~ n ~~ m0~ ; n3 ~ ~ ` ` DZ m~+2 r ', 1P \ ~,~ A 9 0 O . Q C n e N V1 ~m In r o~ W ~ H r rn N o N ~ N o ~ N ~ N ~ N ~ N ~ N ~ N ~ H io ~ . 0 0 9' N C N In x .P 0 ~ m 0 ~ O r Ul Co l0 In N In N ppDD .P ~ iP O N W W ,f~ to v Q . Z $ r 'G" ~ O ~ E l V f n U ~ [ n p ~ (n 3 ~ ~ A 3 ~ ~ i xx ,~ e ~ E C~~ y ~ ~ y ~ ~ yb ~ s ~ ~ y ~ ~ O t ~ ~ ~ ~ D~ 00 0 ~~ ~ r ~fn H E ~ i ~7 H tt++ y tt-t~~ tt-~ Y tt't~ y ttt~~ ~ 3 9 h ms ~ xy ii ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ d m ~ v Z $ ~ ~ ~ ~ ~ ~ ~ ~ a ~z ~ ~ ~ ~ [3 ~J ~ ~ o D ~ H ',L7 H H C~7 H H H H H T~ ~~- H S G H y `L i Z ~ y 'L y 7 y Z y 'Z' 7. rrr~~~ 333 m C7 ~ C7 ~' H ' ~~i H O . ~ O r Z y 7 `f H H H H H H H CJ b p 9 . . d 7 a W y ~ ~ O ' y ~ ~ i ~ ' ' y ~ .. g H d d H d aD O O m O x O ~ O S O H A ,gyp ~ ~ ~i ~ W ~ o c n ~~~5 3 N O tG iP W W W l O O) W QJ W W OD W 00 Wp1 ~ a2 a ~ ~ O N ~ p 1 ~ O1 ~ O p O l ~ P O 0 ~ ~ 7y ' ~ O W N , p N N , p , p N i N Ow ~ ~' a •• bo n ~ l O pWp11 N N N pp W . ° S'.$ N ,P N l O ~ ~ . v go ~ y 3 b C ~ % O ~ _...--_ T I ,1 y ~ F: -_ ..nwc Hy ~ ~ / ~'._ ;. ~ ~ ~~m 5' oy~~~~ x m i ~ , ~~ ~, `_ ' EEC .. ., ~ ~ .. 'o a~e ice., ~f ~. o ~m n. TS.miw "- '6 n ~6 yc~ ~ ~ y ...]~ . -D aob°v d ~ t u C o.y c~o ~ S< ~. ~~'J ~'7'~.'v^ ~ ..m Q O n ~'~C~< fn w eo 33 woe w O „ ~ w m ' ryC ~•7 n~~ Y• ~ H O <N y. ^'N ~O m m O~y~ fi f6 S G ' ~6pr~C e~n,~o~$ _O y •nD ~ryw ~3 sN~y r+ A inm„pC N Om On y »-x i~y ~Y Y ~ a 0 ` ' y 9 0 m om ~qom¢ `° as ~ O y y a3~ i is b p ~~~o' u c ~ ± 3o wow,^~ ~. ~,oa ay b o Y ¢oQ 3 s„'m'~"Ny ;_o , u0 y 1q voa ~ m~ ,J.~n ~6d O= ~1 a~x3~ . m ~ :.. w~mo n a OE r4y o..., ~, .. a b ., U>rw, O 3 ~ y .. .O~n C yOm pip. ~ a ro~cn O .Oi x ~ . T y O yyy~cc E i PS Form 3877, Sept 1986 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL s to _ A W N ~~.• _ O b OD V V~ to A W N r m N ~ D i ~mOm Z 3 me ~ \ ~ \ \ \ i 2 .mmZ S~G i a ' ° V w ~ ,,pp, W N ~ O ~ v n l O l n .P lp 07 ~_ ° o C mo ooo ~o rnr V ~m r ~ m o`~ o W , (~ ° , V 01 x VI 7.. N lJl 01 Cr7 O ~L' H 61 Ci] Ql R7 V H In V H N l0 H C V O V CD C ~ O ~ j J 7. 'A ~ [177 ..~ ^ » ~ y l a3 »o ~F[t+~77 O :a Ea~Hey f]t7 ~ (~~ H .[Rr~7] ~ ~H ~ r g L ~] 1 rV V C"zH ~~[r] (]• +] C ~(] ~ ~ 3 ~,..I~ mO ~ ~O N ~`~ ~ ~ 4 N 3 H ~ ~ C t7 r ' ~ z pC ms O z I ' r r r ~ ~ ~~ ~ r ~ ~ ' .~ =mp ~ z z $ o o O d H H sy~ y D O ~ . ~ V' H H ~ b d Sr! ~ O N i ~ H ~ i y ' 'q Z r ~ ~ y ~ d y~ O ~ i CC H db C7 C7 H C7 G 9 o .. ~ ~ z ~ x O O ao O O n H ~ d d ~ o 0 w ~" ~'' ~ w w 2 S z ~ ~ ~ ~ a m W O O ~ N $ ~^^5 ~ ~ ti dl W O ~ ~ ~ N N c g,~ , Y ~i O ~ e ~y 9 ^ h o' ~ n ° x 'n - __ y ~ I T m F t v.v~c HH w ~.~~n~ ~ ~~' ?~° ~,~o n° H a ~ m7 n ^^~Y ° Vc~ ~ ~ F v.L .d A6~~^~... ` M.Z n .°w ~~ ~ C p 60 ' C L] ~ ' 7b. w I ~~7p~~ C <' ~-'c ., c ~ N R y R f~ n 'J^ ~..~ ~ .> ^s `~`K tao ...0'~ Cm p ° ° a~3"m'm I ~~m»c~no~ ~~~o~~' r+wymoo °' '~~ yy p n~D W~ ~G~O I C)° N 5 ny~ ~~N~oc v$ a ~»& ~ ~ ?v U ~° ^7 ~ O ~ .p M[r1 ~.N~ O T]f A Q S ~i ~ nCO~j A° .~ nD Z S O ~y w oo "` :.i~ w a w. ° 3~ i~~~^=a .°tn °m0 O o y =o tt O noT _o a~wc: °'~3;io ~ ~ TH • ~ -'i '0 GE.n~~^ ' - °z b 0. 5... o w » m7 °^co"~= pl n ~ ° x ~. ~n~...~5 0.~30~N 2 ° Y d+ SO~ pCO. ° O hv'o°o3 ~ r PB Form 3877, Supt. 1986 ISTERED, INSURED, C.O.D., CERTIFI D EXPRESS MAIL r o v~i A w .~.. 0 1o m .~ a to A n~ 5 n T D Z pD vZ Z~m <3 F-~ a o N N N N N N N N N N N N N N N Z pmD D~O Ut n m N N N N N N N N N N N 1--~ N N P F-~ P D ~ ~ :. d• O lP l0 In O In v In Ol In lr In iP In W lT N lP I--' lJ~ O ,P l0 ~P OD . ~l , dl ,3_ Q - ~ c ~ ^ s \ T. ' ~ ' L-1 " d (/] H O ZY '~ O ~ N ~ l0 4] lnO I--' C7 ~b I--' yy~~ ~z !-' (7 ~t F-' ~U vY~ F~-~ ~t I--' ~ rn 1-' L1 rnT~ ~7 O H I ll W • L*J ~ < W ~ H O^~ F+W 61 ZZ H N ,PZ N W N~ Nyy N OO ~P l0 ~' NN 01C Nr ~p 03 NN ~ (7 C~ " 3 ac L *J z d 1 '~ H ` _i ~ £ ~ I r py H tr" H ~H ~ z O y O~ O ~ O~ v -I~ '~~om ~ ~ 8 O d O d O d d~ ~ d~ d ~, d8 ~ ~o ov (n LTJ O (~]H £~ £ £C9 £~ £~ £~ £~ r'L' ~ Dpi _ _m r ~ z ~~33H ~ ~ ~r r~m ~ ~ ~ C+J y3 ~ r O~ r :~ O FC K N ~C O k Fc FC H r rC ~ ~ ~ ~ ~ m - ,~ N d d d d d d ~ ~ ~ ~ ~ ~ d ~ ~ . ` z ~Z Z ~ Z ~Z ~Z ~ m i H H H H m d d O H H H H H H H Ul H v ~ ~ ~ d d d d b d d b ~ " O O O O O O O ~ m Q a w ao ~ I 0 2 W W W W OD ~ tb OJ OD OD 1 D ~ ~' ' 01 N pp~ N ~I 100 pW1 ~P pW1 ~P pW~ ~P W iP pW~ ~P W ~P pW1 iP t0 01 ~P N a y~y ~^^Q' ~ ~, N N N N N N N N L n 7 ~' r ..p?~•o ,. A ~ $~' R g' o ti ~ a N N N N N N N N N N N N o° C 5 k ,~ In lJi lr lr In In lT 1Ji lT N lT In ~$ ' n ,~ ___ ~ -- OD Ou OJ Ou 0) OD Oo 00 OD OD OD 0o r m ' All lT UI lJl UI lP lP lP In lP lT lP lP _ 'O .nw0 ~ H.-J ~O ry~~G y ' ?J ^~~~ ~ ` ~~ m 6 - ~ ~ ~' S 3 c ~~c~~~gg ~ r+tr.. ,~.,. _D . y ° c ~° .2 y.".3o c~ ao ~~aH~y~ 47 j r ~ a< _~ c `H-y6. =~. n ado .om~ '~~'~ <o ac ~ ° ,,, O 4 v LL_ _a d ~~m`~ G i I O as m d ~~mtiUOC ~ !+ ~lT`G p'" ~ O yQar~p~0 V 'J 'J ~' l~N Q pax y - % w O V N TU pdp d Q• y _ yn y~ mk, p yky.~fl' - m '~ nOO o r (x! ~ y.°acxfD a~ 10 l0 10 l0 l0 10 l0 l0 l0 l0 t0 l0 10 10 p '~ ~ Y °3• z'Q2y ° 5o oo `~,~.n5y ry0. Ty .~_ p. ~C iu ~em3»y :e .~.. d..... `^ =p : y ~~ ~ $ » mom-o " °~da rq oo o =^L _ 8= 'J' ~~no9~ N N N N N N N N N N N N N N ~ ow '~ o °~ O p O O p S O o O O O p O O p O O O s 9 ~ y y y . .~ ~ oan . . n od °=.'° ~ ~ c e ro hd 06 d~~~CW F • T 1 1 P8 Form 3877, Sept. 1986 TERED, INSURED, C.O.D., CERTIFI p EXPRESS MAIL o W O T D g s t A b OD V O. to A N n A 3 =m << 3 D ~ ~ N im 0' N ~ N N N N N N N N ' N N H N H N 1 -~ N H N H N H 2 D~ y 0 U1 ~ :. F- J H J N V H J J H J H 01 F 01 N 61 01 Ol - O~ 01 01 01 ~ 7 v _ a lT~ ,P W N H O l0 O9 V Ol lT ~P W N 1- e~ m (\ ~ (\\\ \ {{ ~ 1 ~ \ c~~7 O~pO OC OH ryry yy 00 •,•,~~ (DO tO~ ,p~ ~,~,yy O lt)O yyyyyy Ui~ tO~ m W " ~ ~,~ ' , " ~Z ~t~1 ~7 O 0o b7 lb~ WC ~r O9Z ~P L1 N~ H trl D O O C] O~ O N~ (O b7 .01~ to X N (O O~ d "G' N b7 N~ In N O1 W ~ ~ ~ 0 ~ I ~ y ro ~ x 71 xx HT 1 ~~ ~tttd""" ~y y ;y ~i ~ " ~C+FC '~CH ~ 4 y ~ H7. w 'G 1'Q~ ~. N. ~ ~~ ~ 179 r ~ ~ ~ . H HZ L J i( H V1 H~ H H ~ H y0 r H H (7 yyn ymy ( . C H A [n~ -i l .C Uy1 T~ rC C~i~ H [n ~ H ~7 yC ~ '~~=1~ O dU' ~ y ~~ ~Rl O17 ~ ~~ E " Z Z ~ ~77 ~77 ~ K yy ~ H ~~ Z ~~ ~ x ~ ~D ^ E SZ c Z Z 2 ~ C Cn ~ T~ tCZ ~C k7. 9. E `L'fC Fi $ ~ ~'. CrJ Sr' `L'C+] ~ vCm :G ~ k ~C k k tC U1 FC H FC FC y ~) (7 ~ m N ~ ~ ~ ~ d d d d v d d v d ~ m ~ ~ ~ Z Z Z ~~ ii ~ i 'y ~ i q y ~ y ~ ~ y j i " ' 9 ~ 7. Z ~ 2 7. 7. T, ~ 'Z d H •! ' <7 ~ ~ ~ y m p H H H H H H lb H H Q S d d d d d O W d d w i O 2 W W W W ~ W p 1 n ~ ~' W 1 61 P O~ P Ol P N W W W N W W W W W t)D W W W W W 1 O P ~P N pppy ~ ] : m n ~ 0 N , N i N ~ N P P p 1 P p 1 p ~ p ~ , N ~ 7 _ a ~ ° ° ~ ~' ~' N , N i N iP N ~P N :P N ~P N ~P N , , O m ^C9~~ ,a • s'R ` ~. v S, m ~ ti p ~ a ~ g K ~' N ~ N ~ N N N ~ N (P N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ e q 2 • ^ N ` (b W O N W OD Ou QD OC 00 O7 W OD 09 OD T i F lP Ut lP lP In U1 l71 U1 lP lT U1 U1 U1 l71 V1 a:»«,c ~ -„-1 ' ^ o~ m ~~ ~, '_ %oo~°,~,a ~~ nm an •'.. 3 2' ` z o pp ° s yv ~ ~ ~ y' ' m "~ en ' m S5'. . w . ~~cK S3~ 47 2 a._ _D c c ov % + _ J r :N C...t~ ~ <~093~, _ C O o n ~ ~ °_ .~ I < d ° O w...~'a_..Q~' i " 3" ~ c~ °i m m o sw ~ ~ ' . ao~c F w°°H~o=~ w 7~ ~ ': ~N o Sys " » x N '-tip ~ ~ ~ s~. v~o°=v~~o °. k =03 °'v ~kA~° " w?7 Y awe '~ .. ti „ ~ c. t0 t0 ~O (O (O (O (O t0 (G l0 l0 t4 t0 (O (o i a 2 t ~ : vK~ ~ O O O O O . p wN ~~x m="$.:.~o. =p Y roc c n o t; ~.~~ ^ ` A s~. w o ~^~ ^~'d ~ n ~ =. °,a " N N N N N N N N N N N N N N N . ~, Q~~.Uy~. ° O O O O O O O O o O G O p p p O O ~ s yy y o°o3rn nc O O O O O O ( O O O O O O a om~ aOm ova 0 ~ ~ p ° _ h ? oa m 0 n 3 3 N H m A O a -mi O m a 1 S 2 O a D a Z y z c 5' m m n PS Form 3877, Scpt. 1986 TERED, INSURED, C.O.D., CERTI AND EXPRESS MAIL ~ o A w O r. r ~ ~ D Y t r ~O Oo J O. to N ~ a~ mom < Zm < :~ D a~'o I--' 'o m N N N N N N N N N N N N N N N z D c u, .g am r r r N r r ~ r r r r H ~ ~ ~Q - ~o o m io ao w ao ~ m rn w ~ m ao m m ~ ~ ~ ~ w w N r o ~o m v rn - ~ ~ ~ ~ ~ ~ C 0 o r 3 r r H d N N .p 3 H r ~ ~, r tv N ~ ta7 n ~ ' m ° 10 H H CJ lD W l0 pp l9 pp~~ O O O N t0 W H 10 O l0 N l0 p W 61 l0 OJ p O O N _ Q A . ~. ' $ c N ~ N Z ,, ~P ,P H O~ OD lT W lT lT . lT lT ll~ ~l J ~ ~ r `~ \ ~~ ~r ~r ~ ~r ~r ~ c!, 09 ~ ~ ~ o o ~ ~ g ~ g D$ 0 8 ~ 3 ~n` cxn ~ H ~y y ~n` r ~ ~ ~ ~ ~ ~ ~ ~i ~ ~ ~_ . ~ . k K K ero d k k k k ~c ~c k I^G c~ < - ~ ~ ~ ~ ~ ~ X37 X37 ~ y 2 ~ ~ N 'A H H ~ y \ Y d d d H r `V 3 H H H CJ CJ C7 C"~ ' C7 C7 C7 C7 C1 C7 I7 C7 ~ n ~ D r' y y~ ~ yHy ~H~ix yHy.~ 5_. yHy~~ yHy~~ qHq bH THTE~ yHy yHy yHy ~ m Z Z Z Z Z Z Z 2 Z Z 2 z Z 1\ x ~~ II----~~ ~ ~ ~ v "` 0 C7 H H H H H H H H H H H Y an d d d d d d d d d d d P S > D O WW ~, ~ ~ w j ~7 W OJ W ~J W ~1 OD W ~D W O OD W W W OJ W W W N W D °u 0005 m ^' N ~ ~ ~ p ~ ~ p ~ ~ W p p~~ Q ~ ~' o `+ N N N N N l0 ~l ~ N ~P N Ol ~P N ,P N iP N ~P N ,P N ~ n ~ 'p E C N ~P .O°~'m n N N N ~ ~ ~,~ $ • , ~ ~ o M 3 9 0 ~ x ~' N N N N N N N N N N N N N N N 111 l11 lP U1 U1 U1 l71 Ul l11 U1 Ui lT V1 l7i l11 E _ N W OD W OD W OJ W OD OD O] W OJ O] N T ~ b .n:nG ~ H-7 OU t°~p n p C T p ' of ~ ` ,.~~F o'a `G ~~' p ' m p n ~ ~„ca _._ ~ xp O 7'.~i9 - , a t ,~ °'crs"~y . . r ` =D ~o S~ am'-'~0 ::-'~ ~o c3 .ao ~ 23 '~» a~ ~O ~ ~ v ~~~ a 3'x~3~ ~~9 ac n ~e :'0.3 :~».-, "m _ y ~. T io9~3w'<d Jry, j C ~ ~-rn .. ...~dm Ce '"? ~G <? 0 w w G`C i.. ~''dr ~ ' ~ O 1 F. R `. Q cw ~ I m g < ~ 5'7 c, r;.no E . :.C O`G p'~ m ~Fv OOa ~ ~ D b o .~ ~opo , nm . y »»~ =sd 5~ ~'OC w yx _mCp _.o m o- °, a e¢3 H o~~. p Q~ °" ~ o+~ ~ d x b^ "a~ `Jb ~ ra a ~3. , , b~p_. l0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ as z a•_: ~~° 2 o 0 0 0 0 0 _ ~r d ~ , ~, F;~, ~;, a ;,, ~;; 3o y SoC ~m ~ w ~ ,. a " - °~my ~w O ='E ~~..u~?: ax A a i»bf~ ~ 5O4MbF N N N N N N N N N N N N N N N m, ~~--.wy°~. °5~~ O o O 0 O 0 O 0 O 0 O o g g O o O 0 O 0 O g g O bb `1 „ nE o o ~ b°'~, acy c 3 0 U6 (~] ~ p ~ ~ ~ CC ' 6 T a v:A Y .. b c m z v ~~ J n ~o ~i s a N CER 1F ND EXPRESS MAIL rs rorm smi i, $l~t. 1986 REGISTERED, INSURED, C.O.D., T ~ ,m• to A W O b OD J O~ to N r n O D D a~ mOm 2 y3 mm2 ~ nm U~i N N N N N N N N N N N N N F-' N F-' N N N F' N !-• N V-' N r N r 2 N = FJ ~ Q y 0 m y 0 0 0 0 0 0 ~o io io ~o ~o ~o ~o ~o ~o - '- • to ,p w N r o ~o ao ~ m u, .p w N r " 'o k z .. R» ...\ ~u' . yr o ~ c°n r o~ ~g o to ~ ~ ~o p t~ ~ p ~~ C V ~( ON C ( /~ ~ U~i p O ~ O O W l~n ' tl l~0 ~ In N N ,~P ,P p dD W , p In C~ r `` ~ c ~\ 3 r ~G [ ~ $ 7~ ~ E dom. [ ~ J [1t .~7 ] U U] 1 V UI V1 .T. O W Y1 » ~~ oo ~C C~ ~` ~". Cn C~t~" ~ I ~~ ~~~ C7~ ~ 7, ~ I ~~ G ~ ~ ~ ~ ~ ~ z a~0 W tnr [nz m xta z H ~ ~ ~ ~ r F ~ r ~ H H +' Psl ~ - g 9 »m 6° m3 z r ~ k y m H y O ~ to cn ~ryy7 r ~ z r ~ z < ~ r ~ ~ ~ ~ ~ A ~ _(n tC d p ~ ~ ~ ~ ~ ~ d ~ ~ ~ ~ ~ ~ ~ ~ N ®^~a `J m ~ (~ ~ 33 N ~ Z ~~ 3 ~ Cn ~ d d r l 7 b 7 C C 7 C 7 ~ ~ ~ r . H d d b ~ y y ~~ii yy yy ~ d I'll ~' ~ U . ~ ~ HH H CJ z z ~ py Z Z . 2 ~ Z . z . H 'py'y.~ ~ '~ .S ~' ° OJ y 7. H H O ~ H H H H H b L' O m W N C7 l7 C7 C7 C7 [7 C7 ~ ' N ~ ~1 p ~ C7 .A ~ ~;. f A d lb d .P N W W tT W W O1 O1 F+ T O OD OD W p~ OD W 61 ~ W ~ ~ W Ol N n n ^^^~ - W W Oo .p .P W .P .A ~P N ,~ N O7 W ~ ~ m ~ 01 Wp~ N N ~ N N N ~~ n ~ N N N a s,~~,~ $ ~ ' o n ^ ro N N N N N N N N N N N N N N N e B ~ x ~ (P U1 l.T lT lT Ul UI U1 ~ Ul U1 UI lT U1 Ut rt lb ~ lp ~ ~ ~ ~ ~ ~ ~ (b ~ ~ ~ T l71 U1 l71 lP Ut N 111 lT lP Ul ~ 111 ~ U1 lT ~ C: m ^`^° mm n.°~7 r-°-... ~ - i nm T1A a~-,"_°-,ate ~~~ ~o S~.^. w ~=rte ~ I ~~, d w w = .~, .,~ a i3?YENS I NI AE I Op =~ <'Cl C+ ~ P b R . C ~~C~.amm <J Y 5 n m.~`<A...~.y C N ~.~~~~~ ~o•~°~=' e, A,o c~a ~Nmo~ ~ ~,~ b 'a~D ~p ~N~ r',' N~NN .~i~C p m ' ~ `3 f'~1 ~]' ~ Wm6 ~'~ayb d'o ' ~ ° b a3 O 9 Sw ° ~ ~a ° K N a 'N l0 l0 l9 l0 l4 lD l0 l0 t0 l0 lp l0 l0 l0 l0 "n 7C $ +~ Y ° 3 , ., ~„'~~s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 En o g': ~_w,~~37 co `c ... ;~'. ~ o. mH Q O . b o y w p E <... ~ °.'..... 5 ~. .~ y to von „ om-o Q ti 3m>> y~N m!~ o ='6 r Rw ' 3 ~ g = ~ A w .tn~ ~oaob~ N N N N N N N N N N N N N N N -70 ~.Nw~, o 0 0 0 0 o o g o 0 o g g o 0 g s -'~ ~.,' S~~ o 0 0 0 0 0 0 0 0 0 TO' pCp ~ e w , h~m°o°3 ~ r ACC: ~ y o.6v; O n 3 N m m A r m ti m 0 m ~_ A 2 x O m D 9 Z Z m z O r`,t N Ps F~.~. aan Send 1986 R!•RFGISTF.RF.D_ INSi1RED_ C.O.D.. ('RRTIFIS3 AND EXPRESS MAIL _ _ r 1 .. .- .- t' ' O Z D o to A W O .O Oo V T to N .- m r O D 8° mom z ° m < 3 p D a~'o ;q ~ eo ~3 _ H v N N N N N N N N N N n a e 53 m ~ N N N N N N N 0 N N ~ N y C J In .p W N N O l 0 OD 1 O C a -1 ~ H w H io~ H L] rnr R1 O N tn N r~ O1 ao N 4 O A o W Z z' cO1nz o~ ~ m v ~ ~ ~ ~ ~ o ~Z~ ~ ~~ 9. H~ Ew ;L E ~~ ~ ~ ~n ro ~~~ • ~O ~ v n [( e • ~ ov d M ~:u cWiI H ~ ~ N to ~ c+l Z ~ ~ 2 ~ ~ ~ ~ b ~ ~ Z ~ y ~ z 3 ~ ~ m- ~ z z ~ H ~ H : H v C - d ~ Z N ~ ~ m ~Z _ ~Z ~ ~Z ~ ~Z ~ ~ m 'C N d v b o d y H d d 9 ~ ~ O W W W a O W ~ p ~ ~ $ d l0 Ol ~ N N 2 b p , D 3 N n ~7~~~a A W ~ r_#bn a_ n ~ w ~.' ~ rv N m ~-~ `< <' °. '~ n w ° „ ^ n a N N N N y N ~; K o i l n li l l n i U l li . m n c • n 0 ~ O i i u i u i v t n T a~+wo~yy w V /t A ~ ~ S 'a co »`Dm .-. nm ;un ^~ ~C v~ o Tn~ ~ 1.'., m~ ca ppnoo ? ~~G' . L 9 ~°.pC~.'.m ~ ~ OOH R x rN~ cn Rq O YG N w r ~ a .D .C. O 6O 6 . mac 23 .~ ar p~m'Po 1 = n~~„=~ egg g< =~ F. F ~~ .. ~ -- ~ ~. u~y.^ e w o m _ oy ~ ~~~~woC r/•'a. 1 - C P mm 'm3~' .odrv ~ <o c o ..~ O G w ~1em Q ~ m ~ ~mw7~~a ~Si ViOC c°'t O~m o.r~yd ooo _ M~ yy O $~2 "~d,w hd omu ` ~m y »-•x~ s mo c: m ~oa- On tl > s w.O+O,OybQp Y ~ O is ..~ mb-nf*1~w,~, »n% ~'» l0 o l0 0 l0 o . l0 Ta O 7C O y y a3~ g p, b~.o_. ~'p to 2 Qe.. O D y TGV w `w '^`m3~ aN >~. O ea %v.e~~»~~ a ~~.oH7 _ SO y :Qc ~, o;a ny~3w ~~ a ~ y ,0.w 'y aw'P n ~ ' Y2 . ~. . . °'^m~ xw N N N N CI w:n ~-p ~~~ S o 8 a S ~ '~Yp ...cn C, ... ~~ 4 a A . o~m F ., ire - • 3 0 ~Ow OCy • ~ horn U03 • T N6nAGC: I Yry m r m