HomeMy WebLinkAboutKentfield Manor AZ Applicatione y
OFFICIALS
WAYNE S. FORREY, AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Flre Chief
BILL GORDON, Police Chief
GARY SMITH, P.E., City Engineer
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (ZOS) 887-4813
GRANT P. KINOSFORD
Mayor
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIM JOHNSON
Centennial CooMinator
PATSY FEDRIZZI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meri Ian Planning and Zoning Comm,}ssion, may we have your answer by:
"1:
TRANSMITTAL DATE : ~ttb') -~=~ 1 '~'7K HEARING DATE : ~c,.~l,Y1@~ lQ~~
REG
BY:
LOC
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TDLSMA, C/C
BOB CORRIE, C/C
BOB GIESLER, C/C
MAX YERRINGTON, C/C
BRUCE STUART, WATER DEPT.
JOHN SHAWCROFT, SEWER DEPT.
BUILDING INSPECTOR
FIRE DEPARTMENT
POLICE DEPARTMENt
GARY SMITH, P. E. ENGINEER
HC7B~OFTREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PREL.& FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
°'CEMTRAL DISTRICT HEALTH
.....:........... .
NAMPA MERIDIAN IRR. DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PREL. 8 FINAL PLAT)
U. S. WEST (PREL. 8 FINAL PLAT)
INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT)
BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT)
WAYNE FORREY, AICP, PLANNER
CITY ATTORNEY
CITY FILES
OTHER•
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REQUEST FGR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT
PLANNING ANU ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval roust be in the City
Clerks poESession no later than three days follawing the
regular meeting of the Planning and Zoning Commission.
The Planning snd Zoning Commission gill hear the request at
the monthly meeting following the wonth the request vex
made.
After a proposal enters the process it may be 8cted upon at
subsequent monthly meetings provided the necessary
procedures snd documentation are received before 5:00 P. M.,
TAursday following the Planning and Zoning Commission,
action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision. ~1%J•~1'~1%If/Ln N(Ar+J®!~~
2. General Location, 'S>r.C,'ro~.l 2~~T3n~ , R. t T, E~.rY1.• LLL~~} LpJ~J~`(
3. Owners of record, ~~TLSCr~1fi.~.tT~l 1-~~t~I~Jc 1-~JG
Address, .Zip Telephone
9. Applicant. Mt/RiT Namt~~ ~ ~rl~. Address, X425 STbN1=~1C~
5. Engineer, ~. f~6nJ ~,1~7t~, Firm a-44~t~~e ~li'IQ,Q~'tY~ }, ~h[~
,~
Address L1~b ~.~~` [er~1 ~'~'~ . Zip ~`~ Telephone; ~' '~' `• ~-
6. Name and address to receive City billings: Namme ~ ~_~~ "~
Address Telephone
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres ~~i • d~
2. Humber oS lots `~ 7'
3. Lots per acre 3.65
4. Density per acre 3.I~j
5. Zoning Classification(s) ~ ~~ '(~ ~f- W/ A.~^~E-~~o''~
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6.
7.
8.
9.
10.
il.
If the proposed subdivision is outside the Meridian City
Limits but within the urisdictional s~ilc, what is the
existing zoning classification R-'~
Does the plat border a potential green belt IJ y
Have recreational easements been provided for ~ o
Are there proposed recreational amenities to the City ~~
Explain '
Are there proposed dedications of common areas? 1-~J
Explain
For future parks? Explain --- /
Mt,at school is ) service the area f~'~~.i'Lt~ tA~/ do you
propose any agreements for future school sites l~I"D
~-
Explai
12. Other propo/sed amenities to the City ~/ Yater Supply
/ Fire Department pit.. Other _
. Explain
13. Type of Building (Residential, Commercial, Industrial or
combination ) 'IZ~S ~(~Q,n-f'Lc--l/
14. Type of Dwelling(s) Single Family, Duplexes. Multiplexes,
other SLY1Gr_L.~_~~+<< ~ - - -
15. Proposed Development features:
8. liini~num square footage of lot t s) , ~ SQL~4~'~E GE.~'~"
b. hinsaua square footage of structure t s ) ~~ ~ e% ~. ~~ t ~-E~'
c. Are garages provides for. -~ square footage
d. Are other coverings provided for ~ y
e. Landscaping has been provided for _~ Describe
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f. Trees will be rovided for Trees will De
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maintained~c~uJ[~
g. Sprinkler systems are provided for f~0
h. Are there multiple units ~J Type
remarks
i. Are there special set back requirements rJt~ _ .
Explain
~. Has off street parking been provided for tJc~ .Explain
-~-o„s) Qiy~.z._ _ ~1~,t1 ut,ti, ~ -r v~~ l..L t.l-a,~B lti -~G~y ~i~. ~ -
k. Value range of property~~IS,od~O -~ 125 Oro T-
1. Type of financing for development_TA- n,~rtw']
m. Protective covenants were submitted .11Date
16. Does the proposal land lock other property 1~.~
Does it create Enclaves ~l~
STATEI7ENTS OF C017PLIAHCE:
1. Streets. curbs, gutters and sideralks are to be constructed
to standards as required Dy Ada County Highway District and
?feridian Ordinance. Dimensions will be determined by the
City Engineer. All sideralks rill be five t5) feet in
width.
2. Proposed use is in conformance rith the City of Meridian
Comprehensive Plan.
3. Developrent rill connect to City services.
~!. Developw+ent rill coaply rith City Qrdinances.
~. Preliminary Plat rill include all appropriate easew-ents.
6. Street names must not conflict rith City grid system.
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•• - •. Al1G-ii-iaq~ 15'33 FROr1 CIT~~ C1F MERIPIA-~ TQ 3780329 P. ~
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APPLIATION FOR ANNEXATION APPROVAL. ~ ~S~
ZONING OR REZONE
MERIDIAN PLANNIN~i AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
(PROP05ED NAt~iE OF SUBDIVISION
(GENEA L LOCAT#ON}
F
(LEGAL DES IPTION - ATTACH•IF LENGTHY
(OWNER{S)
j { N14ME )
(TELEPHONE NO.
(ADDRFsSS }
(APPLI
ADDRESS
(NAME
(ENGINEER, S
(ADDRESS)
YOR 4dR PLANNER) {NAME)
33~ -~ ~-vo ~-
(TELEPHONE N0.
32~ ~~Z
(TELEPHONE N0.
{ JURISDIC~'ION (S ) RLQVIRINQ AP~ItOVAL )
TYPE OF 8UB IVI6ION - RESIDENTIAL, COl~lSHCIAL, INDUSTRIAL)
+50 ACRES OF LAND IN CONTIGUOUS
c...
OWNERSHIP.
(ACCEPTED BYs) (FEE) ~
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RUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
LEGAL DESCRIPTION
REGENCY HOMES, INC. 18.07 ACRE PARCEL
SECTION 2, T.3N., R.iW., B.M.
A parcel of land located in the NW 1/4 of the SW 1/4, and the SW 1/4 of the NW
1 /4 of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as
follows:
BEGINNING at the quarter corner common to Sections 2 and 3, T.3N., R.iW.,
B.M., form which the Southwest corner of said Section 2 bears South 00°19'07" West,
2642.98 feet;
thence North 00°24'20" East along the section line, 42.77 feet to a point 36 rods
North of the Northwest corner of the South 23.5 acres of the NW 1/4 of the SW1/4 of said
Section 2;
thence South 89°05'34" East along a line parallel to the North boundary of the
South 23.5 acres of said NW 1/4 of the SW 1/4, 1325.10 feet to a point on the East
boundary of the SW 1/4 of the NW 1/4 of said Section 2;
thence South 00°19'59" West along said East boundary 40.09 feet to the C-W 1 /16
corner;
thence South 00°17'15" West along the East boundary of the NW 1/4 of the SW
1 /4, 553.95 feet to the Northeast corner of said South 23.5 acres of the NW 1 /4 of the SW
1/4;
acres;
Prepared By:
RUBBLE ENGINEERING, INC.
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thence 89°05'34" West, 1325.46 feet to the Northwest corner of said South 23.5
thence North 00°19'07" East, 551.26 feet to the Point of Beginning.
Containing 18.07 acres. Subject to right-of-way for Tenmile Road.
DTP/tlp\i:\442.des D. Terry Peugh, L.S.
Project No. 93-047
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`' N RUBBLE ENGINEERING, INC.
~y ~y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
O SURVEy~
May 11, 1993
Mr. Wayne Forrey
City Clerk
City of Meridian
33 E. Idaho Street
Meridian, ID 83642
RE: The Proposed Kentfield Manor
Annexation and Preliminary Plat
Dear Mr. Forrey:
The attached applications contain requests by Merit Homes, Inc. for approval of
annexation of a parcel of ground located on the East side of Ten Mile Road between
Ustick and Cherry Lane.
The applicant proposes a new zone designation of R-4 for approximately 18.07 acres.
The property is currently zoned R-T County.
Additionally, we are requesting approval of the Kentfield Manor preliminary plat. The
proposed subdivision contains 57 single family lots. The lots will contain 8000 square
feet, with many of them exceeding 8000 square feet. The minimum dwelling square
footage will be 1300.
All essential services will be extended to serve this development, (i.e. sanitary sewer,
domestic water and other utilities).
The streets within this project will be public and will be constructed in accordance with
the Ada County Highway District Standards. We will be working with the district to obtain
approval of the subject preliminary plat.
Thank you for your time and consideration. Please call me if you have any questions.
ncerely,
J -J `-~_
D niel A. rfi
Project Ma ag r
Enclosure
DAT/bh/183.Itr
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RUBBLE ENGINEERING, INC.
9550 W. Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329
TRANSMITTAL LETTER
To: CG~ ~ ~Y~I1JL~~Lt
Attn: ~~~ ~~~.- l".~~N1... t a
DATE ~ ~_ l~~ I ~ I ~
Job No.:
Project: ~LQJVI,-~~.,q ~ ~ `+ ~'~~.~M,~j~dz,
WE ARE SENDING YOU:
_ As Requested ~ Attached
_ Under Separate Cover, Via 1
FOR YOUR:
,Use _ Record
Information Review and Comment
_ Bidding _ Cost Estimating
THE FOLLOWING:
_ Prints _ Plans
_ Specificatiery _ Shop Drawings
_ Sam les . _ Copy of Litter
~[ ,
Copies Date Sheet No. Description
REMARKS: Vva ~ ~~I~RQ Wtx~ " 6~G~,~ I,(9~~
~~~/v~.~t.~~t.~c.-e~.~ ~~1QlUl.~4 ~ r~' ~ ?~
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Copy To: _ With Encl.
_ With Encl.
With Encl.
By: ~'~G TD ~ ~1
Signed: , n~ A ~n,~ ~,
•
May 11, 1992
Wayne Forrey
City Clerk
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
RE: Donn and Judith Coffey Annexation Request/Preliminary Plat
Dear Mr. Forrey,
I hereby grant my permission to Donn Coffey and Chip Gallagher to submit a
request for the annexation and preliminary plat approval of my property located
in Section 32, T.4N, R.lE., B.M., reference the attached description Exhibit A.
Howard Jenkins f r ersonality Homes, Inc.
Acknowledgement
State of Idaho )
s.s.
County of Ada )
On this ~a. ~'-'3` day of ,,~~~- , 1993 personally
appeared ~ _ ,r3, «'.~~~;~~ ~ known or
identified to me to be the person whose name is subscribed to the
withing instrument and who acknowledged to me that he executed
the same.
My bond expires.. ~ ~/~ 9' 7
ivv~ary ruvuc Tyr ;czano
Residing in Boise, Idaho.
• •
NOTICE ^F 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 7:341 p. m., on June 8, 1993, for
the purpose of reviewing and considering the Application of
Personality Homes, Inc., far annexation attd zoning of
approximately 18.417 acres of land located in the Southwest 1/4 ~f
Section ~, Township 3 North, Range 1 West, Boise-Meridian, Ada
Coaenty, Idaho, and which property is generally located on Ten
Mile Road between Ustick Road and Cherry Lane. That the
Application requests annexation with zoning of R-4.
Further Applicant requests Preliminary Plat approval of the
parcel of land above described for 57 dwelling lots for Kentfield
Manor Subdivision.
A more particular legal description of the above property is
on file in the City Clerk's office at Mei^idian City Hall, 33 East
Idaho Stt^eet, and is available for inspection during regular
business hours.
A copy of the Application is available upon request.
Any and all interested persons shall be heard at said public
hearing and the public is welcome and invited to submit
testimony.
Dated this ~~ day of May, 1993.
1dAYNE S. ORREY, C I TY C ERK
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PROPERTY OWNERS WITHIN 300' OF
KENTFIELD MANOR
Joan Priest
19833 Middleton Road
Caldwell, ID 83605
E. E. Brinegar
1639 Conant Avenue
Burley, ID 83318
Travis Mills
2800 N. Ten Mile Road
Meridian, ID 83642
Fieldstone Development
1277 E. 17th
Idaho Falls, ID 83404
Gary Hanners
2630 N. Ten Mile Road
Meridian, ID 83642
W. E. Teter Trustees
Revocable Living Trust
2201 Allumbaugh
Boise, ID 83704
Paul White
P.O. Box 2212
Boise, ID 83701
Richard Hatch
2055 N. Ten Mile Road
Meridian, ID 83642
City of Meridian
City Hall
33 E. Idaho Street
Meridian, ID 83642
rpt.
• i
CERTIFICATE:
I hereby certify that the following resolution is a true and exact
copy from the Minutes of a meeting of the District's Board of
Directors, held 2 October 1990, recorded at Book 56 Pages 187 and
196 through 202 (finalized 16 June 1992).
~~ ~~
Daren R. Coon
Secretary of the Board
NAMPA & MERIDIAN IRRIGATION DISTRICT
WHEREAS, the various agencies .which are authorized .to issue land
use change/site development permits have made it known that it is
in the best interest of the public that this District amend rules
and regulations for development within the boundaries of the
District; and
WHEREAS, it has been decided that such a cooperative and
coordinating arrangement can best be realized through an amended
permit system; and
WHEREAS, such requirements and requests have created a considerable
expense burden to this District for which there is not available
revenues; and
WHEREAS, a Development or Land Use Change policy was previously set
up at a meeting of the District's Board of Directors held 17 March
1980, recorded at Book 36, Pages 65 through 69, of the Minutes of
the Board and recorded at Ada County as Instrument X8015309 and
recorded at Canyon County as Instrument X890100; and
WHEREAS, a Site Development policy was previously set up at a
meeting of the District's Board of Directors held 17 March 1981,
recorded at Book 37, Pages 89 through 92, of the Minutes of the
Board and recorded at Ada County as Instrument X8115542 and
recorded at Canyon County as Instrument X919045; and
WHEREAS, it has become necessary to combine and amend these
policies.
NOW THEREFORE, BE IT RESOLVED, that the following amended policies
are hereby established by this Board as District policy to take the
place of the previous policies.
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NAMPA & MERIDIAN IRRIGATION GtST#~lu:
AEA G~ J~~i'Y, I D. fDR ~.~.
J. DAVID PIM'YMRR r
tRECORDER
~~_
' 92 Jl1N 1~ P~ 1 `t
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•
NAMPA ~ MERIDIAN IRRIGATION AISTRICT
Board of Directors° Policy for Changes of Land Qse or 83t®
Development
Developments or land use changes or site developments which affect
irrigation and/or drainage, within the boundaries of Nampa &
Meridian Irrigation District must be approved by the District Board
of Directors. An application form may be obtained at the District
office which will provide necessary preliminary information for
District review.
General Information
A. DRAINAGE:
1. There will be no acceptance of any increased flow in
storm run-off, drainage, or any contaminated waters for
which the District might be made liable by the Federal
and/or State Clean Water Laws.
2. Existing or replacement of on-site drainage or run-off
facilities or modification thereto must be perpetually
maintained by the site owner or owners.
3. Drainage plans prepared by a registered engineer may be
required where deemed necessary by the District even
though on-site modifications to the District drainage
system are not required in the development plans.
4. If a drainage lateral owned and maintained by the
District courses the site, no alterations of the lateral
nor encroachment or its right of way shall be permitted
without a license agreement. No access to such drain
shall be denied to the District.
B. IRRIGATION
1. The water rights of this District are not the same
throughout the District. Neither are these always the
same on one tract of land. Often these can be simplified
without changing the Court confirmed status of the
rights, if arrangements are made with the Secretary of
the District in the advance planning stages.
2. Any irrigation supply lateral or canal which is owned and
operated by the District and which may course the site,
must not be obstructed nor encroachment made on its
rights of way.
-1-
~~ ! ~
C.
3. Any alteration from the original delivery point must be
approved by the Water Superintendent and transfers to
accomplish this alteration must be arranged with the
Secretary of the District as part of the system plan
acceptance by the Board of Directors.
4. No alteration or enclosure of an irrigation canal or
lateral shall be permitted without a license agreement.
No access to such canals or laterals shall be denied to
the District.
5. If irrigation service is not to be provided to the
individual properties, all property owners must•be
notified that the District tax is an obligation of all
lands in the Irrigation District. This notification is
in compliance with Idaho Law.
6. No destruction, interference, nor limitation upon water
flows which are appurtenant to the property rights of
others shall be permitted.
7. If development plans include providing irrigation,
operation and maintenance of the system may be undertaken
by a Lateral Ditch Water User's Association, in which
case the District assumes no responsibility beyond the
original point of delivery for the tract.
8. The District cannot provide permission for alteration of
waterways belonging to and being a part of the property
rights of individual land owners and to which waters flow
from the system of the District. Permission must be
granted from each of the property owners having ditch and
water rights in the waterway.
REVIEW AND APPROVAL PROCESS
1. Applicant shall complete and submit the attached
application form to the Secretary of the District. Two
(2) copies of the proposed plans shall be submitted with
the application.
2. Upon approval of the original application, plans and
specifications for construction, prepared by a registered
engineer, shall be submitted for review to the District.
Plans and specifications shall be reviewed by the
District Water Superintendent and/or the District's
engineers. If acceptable, •the developer will be
notified. Prior to actual construction an estimate of
the cost of construction shall be provided to the
District.
-2-
3. If a license agreement is required to conform to
specifications of the District and/or recommendations of
its engineers, the Secretary of the District will then
make arrangements for an appropriate license agreement
for which the licensee shall be liable for payment of
attorney fees.
4. The District shall be notified prior to commencement of
construction. Inspection by representatives of the
District or its engineers will not constitute approval of
all or any part of the system and shall in no way relieve
the developer or his contractor of the responsibility for
providing a sound, workable system.
5. Within ten (10) days after completion of construction the
developers engineer must certify to the District that
the system was installed in accordance with plans and
specifications, and furnish as-built drawings to the
District.
6. The developer and/or his contractor shall be responsible
for the repair of all defects, leaks or failures
occurring in the installation for a period of three (3)
years after completion of construction. A maintenance
and warranty bond in the amount of 10$ of the estimated
or actual construction cost, whichever is greater, shall
be furnished to the District within thirty (30) days
after completion of construction. If the owner or his
contractor fails to make required repairs or replacements
promptly, the District shall make them, and the cost
thereof shall be paid by the owner, his contractor or the
surety.
The fees required will be: 5650.00
7. Attorney fees will be required only where a license
agreement is required and these will be payable directly
to the law f iron of the District ~ s attorney.
and,
88 IT BIIRTHER RE8OLVED; that the Secretary of the District is
hereby ordered to send copies of this resolution to all planning
and approval agencies in Ada and Canyon Counties and in the Cities
of Boise, Meridian, and Nampa, to the County Commissioners of Ada
and Canyon Counties and to the Mayors of Boise, Meridian and Nampa
to provide sufficient copies of the policy and application form for
the continual administration and use thereof by all interested
parties .
-3-
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STATE OF IDAHO
County of Canyon
ss.
On this 16th day of June 1992, before me, the undersigned, a
Notary Public, in and for said State, personally appeared Damn
R. Coon, known to me to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he 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.
' ~t ~p'f A~-~ ;eta •~ ~ ~ L~,~ l 1
• Notary Public - State of Idaho
pU tG •: ~:
Residing at Caldwell, Idaho
~,,~~q••~•B~.,~,•.~~O~a My Commission Expires: 11/04/94
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NAMPA & MERIDIAN IRRIGATION DISTRICT
(Reproduction of this form is not acceptable)
evelopment or Land Use Change/Site Development An~lication
GENERAL INFORMATION
1.
(Proposed Name of Subdivision or Development)
2. '
(General Location)
3.
(Legal Description - Attach if necessary)
4 .-
(Owner of Record)
(Address)
5.
(Subdivider or Developer)
(Address)
LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Paqe 1 of 2
s J • *, ,
6.
(Engineer)
(Address)
(Person to Contact)
(Phone)
7. Acres ; No. of Lots ;
Number of Lots/Gross Acre
8. Proposed drainage discharge
(Name of Drainage Lateral)
9. Is irrigation water to be provided to property?
If yes, answer the following:
a) Proposed delivery point
(Canal or Lateral)
b) Present delivery point for this land
c) Type of system
1) Gravity
(Piped or open ditches)
2) Pump pressure
(signature)
(Date)
(Application must be filed with the Secretary of the District. The
appropriate fees and two (2) copies of all plats and drawings must
be included with the application.)
LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Paqe 2 of 2
~~ DECLARATION ESTABLISHING
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR KENTFIELD MANOR SUBDIVISION
This Declaration is made this day of .1994, by Merit Homes, an Idaho
corporation, hereinafter called "Grantor."
ARTICLE I: RECITALS
1.1 Real Propert~Descrigtion. Grantor is the owner of all that real property subdivided
and contained in a subdivision know as Kentfield Manor Subdivision, W 1/2, Section 2,T.3N.,
R.1W., B.M., Meridian, Ada County Idaho, and sometimes referred to herein as "Kentfield
Manor".
1.2 Development. Grantor proposes to develop said real property in accordance with the
maps and plans approved under the zoning and subdivision ordinances and regulations of the City
of Meridian, the County of Ada, and the State of Idaho.
1.3 Conditions. Any development plans for said real property in existence prior to or
following the effective date of this Declaration are subject to change at any time by Grantor, in
Grantor's sole discretion, and impose no obligations on Grantor as to how said real property is to
be developed or improved. Any purchases of a lot within a Tract acknowledges that said lot is
subject to the above-referenced zoning and subdivision ordinances and regulations and such other
governmental ordinances and regulations, and approvals hereunder as may be in effect or as may
from time to time be imposed. Said purchaser acknowledges familiarity with the same,
constructively or otherwise.
1.4 Purpose. The purpose of this Declaration is to set forth the basic restrictions,
covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions'
that apply to said real property. The Restrictions are designed to preserve the value, desirability and
attractiveness of said real property, to ensure swell-integrated, high-quality development, and to
guarantee adequate maintenance of any common area and improvements located thereon in a cost
effective and administratively efficient manner.
ARTICLE II: DECLARATION
Grantor hereby declares that those portions of said real property brought within the
jurisdiction hereof as provided herein, and each lot, parcel or portion thereof, is and/or shall be
held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to
the following terms, covenants, conditions, 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 thereof, and to enhance the value, desirability and attractiveness thereof. The
terms, covenants, conditions, easements and restrictions set forth herein shall run with the land,
and with each estate therein, and shall be binding upon all persons having or acquiring any right,
title or interest in said real property or any lot, parcel or portion thereof; shall inure to the benefit of
and ~ binding upon Grantor, Grantor's successors in interest and each grantee or owner and such.
grantee's or owner's respective successors in interest, and may be enforced by Grantor, by any
owner's successors in interest, or by the Association, as hereinafter defined, against any oth~
owner, tenant or occupant of said real property.
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR KENTFIELD MANOR SUBDIVLSION~AGE 1
1
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s
Notwithstanding the foregoing, no provision of this Declaration shall be construed as to
prevent or limit Grantor's right to complete development of said real property and to construct
improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing
offices or similar facilities (temporary or otherwise) on any portion thereof, including any common
area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales
or leasing, nor Grantor's right to modify plans for said property.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee" shall mean the committee created by the Grantor or an
Association pursuant to Article X hereof, and may be referred to herein as the "Committee".
3.2 "Articles" shall mean the Articles of Incorporation of the Association or other
organizational or charter documents of the Association.
3.3 "Assessments" shall mean those payments required of Owners and Association
Members,. including Regular, Special and Limited Assessments of the Association as further
defined in this Declaration.
3.4 "Association" shall mean the Kentfield Manor Homeowners Association, an Idaho
non-profit corporation, its successors and assigns, established by Grantor to exercise the powers
and to carry out the duties set forth in this Declaration or any Supplemental Declaration.
3.5 "Association Rules" shall mean those rules and regulations promulgated by the
Association governing conduct upon and use of the Property under jurisdiction or control of the
Association, the imposition of fines and forfeitures for violation of Association Rules and
Regulations, and proc~ural matters for use in the conduct of business of the Association.
3.6 "Boazd" shall mean the Boazd of Directors or other governing boazd or individual, if
applicable, of the Association.
3.7 "Building_Lot" shall mean one or more lots within a Tract as specified or shown on
any plax and/or by any Supplemental Declaration, upon which improvements may be constructed.
With respect to Association voting rights, Building Lots shall also mean a lot so specified on any
final plat or on any preliminary plat of the Property.
3.8 "BYlaws" shall mean the Bylaws of the Association.
3.9 "Common Area" shall mean all real property in which the Association holds an
interest or which is held or maintained, permanently or temporarily, for the common use,
enjoyment and benefit of the Owners. Common Area may be established from time to time by
Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a
deed or other instrument, or by designating it pursuant to this Declaration or any Supplemental
Declaration. Common Area may include easement and/or license rights, and includes the
landscaped berm and signage areas along the perimeter of Kentfield Manor.
3.10 "Declaration" shall mean this Declaration as it may be amended from time to tune.
3.11 "Design Guidelines" shall mean the construction guidelines approved by the
Architectural Committee.
3.12 " nt r" shall mean Merit Homes, an Idaho corporation, or its successors in
COVENANTS, CONDITIONS 8c RESTRICTIONS ~R I~NTFIEI.D MANOR SUBDIVISION~AGE 2
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•
interest, or any person or entity to whom the rights under this Declaration are expressly transferred
by Grantor or its successor.
3.13 "Improvements" 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, bicycle paths, curbs, landscaping, signs, lights, mailboxes, electrical lines,
pipes, pumps, ditches, waterways, recreational facilities, and fixtures of any kind whatsoever.
3.14 "Limited Assessment" shall mean a charge against a particular Owner and such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the
Association for corrective action performed pursuant to the provisions of this Declaration or any
Supplemental Declazation, including interest thereon as provided in this Declaration or a
Supplemental Declaration
3.15 "Mem r" shall mean each person or entity holding a membership in the Association.
3.16 "Owner" shall mean the person or other legal entity, including Grantor, holding fee
simple interest of record to a Building Lot which is a part of the Property, and sellers under
executory contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
3.17 "Person" shall mean any individual, partnership, corporation or other legal entity.
3.1 S "Plat" shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended
by duly recorded amendments thereof.
3.19 "Property" shall mean those portions of Kentfield Manor, including each lot, parcel
and portion thereof and interest therein, including all water rights associated with or appurtenant to
such property, which are brought within the jurisdiction hereof. Additionally, Grantor, at its sole
election, may withdraw any Tract of which Grantor is the sole Owner previously included within
the provisions hereof upon recordation of a written declaration of de-annexation.
3.20 "Rea_ulaz Assessment" shall mean the portion of the cost of maintaining, improving,
repairing, managing and operating the Common Area and all improvements located thereon, and
the other costs of an Association which is to be levied against the Property of and paid by each
Owner to the Association, pursuant to the terms hereof or the terms of this Declaration or a
Supplemental Declaration.
3.21 "S~ecial Assessment" shall mean the portion of the cost of the capital improvements
or replacements, equipment purchases and replacements or shortages in Regular Assessments
which are authorized and to be paid by each Owner to the Association, pursuant to the provisions
of this Declaration or a Supplemental Declaration.
3.22 "Su~nlemental Declazation" shall mean any Supplemental Declaration including
additional covenants, conditions and restrictions that might be adopted with respect to any portion
of the Property.
3.23 "Tract" shall mean a defined portion of the Property within which the contemplated
development involves a common use or compatible uses, and which may have been designated as a
Tract by this Declaration or a recorded Supplemental Declaration.
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR I~NTFIELD MANOR SUBDIVISION SAGE 3
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ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures - Generallv. All structures (except for sales offices or similaz facilities of
Grantor) aze to be designed, constructed and used in such a manner as shall be compatible with this
D~laration, and shall meet the following minimum standards: ~ t~.Gir ~-
4.1.1 se ize Hei an nstru lion of ellin S c All >#uilding Lots c -
shall be improved and used solely for residential use. No Building Lot shall be improved, f.~../ ~
except with a single family dwelling unit designed to accommodate no more than a single
family and its servants and occasional guests, and such other improvements as are
necessary or customarily incident to a single family residence. No business or home
occupation shall be conducted from said dwelling unit or improvement. No dwelling unit
shall be more than two stories in height. No other structure shall be more than one story in
height unless approved in writing by the Architectural Committee. A basement or daylight
basement shall not be counted as a story in determining compliance with this Section. The
dwelling unit is also referred to herein as the dwelling or residential structure.
All dwelling structures shall be priced to the public at not less than $85,000.00, and
shall have floor area of not less than 1,400 squaze feet.
All dwelling structures, and accessory structures, shall be constructed on site, unless
otherwise specifically permitted in writing by the Architectural Committee. Modulaz or
manufactured homes or houses shall not be permitted. Already constructed homes or
houses shall not be permitted to be moved onto a Building Lot.
4.1.2 Architectural Committee Review. No improvements which will be visible
above ground or which will ultimately affect the visibility of any above ground
improvement shall be built, erected, placed or materially altered on or.removed from the
Property unless and until the building plans, specifications and plot plan or other
appropnate plans and specifications have been reviewed in advance by the Architectural
Commttee and the same have been approved in writing.
The Architectural Committee shall be generally guided by the following.
(a) Roofing material may consist of wood shakes, asphalt shingles, tile,
cement, slate, or other material approved by the Architectural Committee. Samples
must be submitted and approved in writing by the Architectural Committee before
installation.
(b) The Committee shall not approve flat roofs, or exterior roof construction of
tar paper, gravel or metal, unless such metal is painted or textured in such a manner
as to be approved by the Committee.
(c) All metal fleshings, chimney caps, roof jacks and other miscellaneous roof
metals shall be painted to blend with roof materials.
(d) Exterior colors shall be of a flat or semi-gloss type and shall be limited to
subdued tones. Colors shall be compatible with surrounding homes. Exterior colors
must be approved in writing by the Committee prior to application.
(e) The Committee shall not approve any plans which contemplate visible
construction with blocks of cement, cinder, pumice or similar materials, unless the
COVENANTS, CONDTITONS ~c RESTRICTIONS I~R I~NTFISGD MANOR SUBDIVISION SAGE 4
same is faced on the outside with wood, stone, stucco or similar materials and
approved in writing by the Committee.
(f) The Committee shall not approve any extreme, bizarre, or eccentric design
or construction.
(g) Utility meters aze to be placed in an unobtrusive location and concealed
behind fences where possible. Location shall be shown on the site plan.
Said requirements as to the approval of the azchitectural design shall apply only to the
exterior appearance of the improvements. This Declaration is not intended to serve as authority for
the Architectural Committee to control the interior layout or design of residential structures except
to the extent incidentally n~essitated by use, size and height restrictions.
4.1.3 Setbacks and Heig.~it No residential or other structure (exclusive of fences
and similar structures) shall be placed neazer to the Building Lot lines or built higher than
permitted by the plat for the Tract in which the Building Lot is located, by any applicable
zoning restriction, by any conditional use permit, or by a building envelope designated
either by Grantor or the Architectural Committee, or as may be specified in this Declaration
or any Supplemental Declaration, whichever is more restrictive. No such structure shall be
located on any Building Lot nearer than twenty (20) feet to the front lot line or nearer than
fifteen (1~ feet to the rear lot line; on corner lots, the street side lot line set-back shall be at
least twenty (20) feet. Single story dwelling structures shall be at least five (S~ feet from the
side lot lines; two story dwelling structures shall be at least ten (10) feet from any side lot
line; provided, however that only the second story portion shall be required to be at least
~ ten (10) feet from the side lot fines. set ac are su ject applicable city ordinances.
~~ o e s must approved in writing by the Committee.
~~..~-~, 4.1.4 Accessory S` Detached garages shall be allowed if in conformity with
the provisions of this Declaration, and as approved by the Architectural Committee.
Garages, detached storage sheds or storage sheds attached to the residential structure, patio
covers and detached patio covers, shall be constructed of, and roofed with, the same
~ ~,,,,~( materials, and with similar colors and design, as the residential structure on the applicable
°U~ Building Lot. No pools, pool slides, diving boazds, hot tubs, spas or similar items shall
1,i„ / extend higher than five (5) feet above the finished grade surface of the Building Lot upon
T _ ~ which such item(s) are located, and no playhouses or playground equipment shall extend
-~,~ ~ ~ higher than ten (10) feet, except for basketball backboazds, which may extend beyond this
limit as reasonably required to accommodate a ten (10) foot rim. Basketball backboards
shall be allowed m the front or back yard of any Building Lot, provided that the location
and type of construction of such backboards are approved by the Architectural Committee
prior to construction, and do not promote noise or other nuisance thax is offensive or
detrimental to other property in the vicinity of the Building Lot or offensive or detrimental
to the occupants of such other property. At a minimum, basketball backboazds shall be free
standing, constructed of plexiglass or acrylic materials and shall be supported. by removable
metal posts.
4.1.5 Driveways. All access driveways shall have a wearing surface approved by
the Architectural Committee, consisting of concrete, and shall be properly graded to assure
proper drainage. No driveway shall be wider than the garage to which said driveway leads
unless approved by the Architectural Committee.
4.1.6 Mail oxes. All mailboxes and stands will be of consistent design, material
and coloration as specified by the Architectural Committee, and to assure uniformity, shall
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR KENTFlELD MANOR SUBDIVISION SAGE 5
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be located at places designated by the Architectural Committee and/or the Postal Service.
4.1.7 F n in . No fence, hedge or boundary wall situated anywhere upon a
Building Lot shall have a height greater than six (6) feet, or other lesser height as the
Architectural Committee may require, above the finished graded surface. Any fence or
boundary wall constructed on or neaz the lot line common to one or more Building Lots
shall be constructed as a "good neighbor" (alternating or open panels) fence or wall. No
fence shall be constructed so as to extend toward the front of the Building Lot past the front
plane or the dwelling structure constructed thereon, or closer than ten (10) feet to any side
Building Lot line of a comer of a Building Lot adjacent to a dedicated street. Fencing using
natural landscaping as a visual and/or privacy barrier is strongly encouraged. "Invisible"
fencing to control and contain dogs is strongly encouraged and shall be allowed. No fence
shall be constructed of any material other than wood, nor finished in other than a natural
finish, except as may be specifically approved in writing by the Architectural Committee
prior to construction. All fencing and boundary walls constructer on any Building Lot shall
be of compatible style and material to that other fencing constructed adjacent to or abutting
such Building Lot, and shall otherwise be as approved by the Architectural Committee.
4.1.8 Li hting; Exterior lighting, including flood lighting, shall be part of the
azchitectural concept of the improvements on a Building Lot. Fixtures, standazds and all
exposed accessories shall be harmonious with building design, and shall be as approved by
the Architectural Committee prior to installation. Lighting shall be restrained in design, and
excessive brightness shall be avoided
4.2 Antennae. No exterior radio antenna, television antenna or other antenna of any type
shall be erected or maintained on the Property unless it is approved by the Architectural Committee
and located or screened in a manner acceptable to said Architectural Committee. No satellite dishes
shall be allowed on the Property.
4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of the
Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot
which would result in the cancellation of insurance on any property owned or managed by the
Association or which would be in violation of any law.
4.4 No further Subdivision. Subject to paragraph 3.21, below, no finally plaited Building
Lot may be further subdivided, nor may any easement or other interest therein be granted.
4.5 Si ngns. No sign of any kind shall be displayed to the public view without the approval
of the Architectural Committee or the Association, except: (1) such signs as may be used by
Grantor in connection with the development of the Property and sale of Building Lots; (2)
temporary signs naming the contractors, the architect, and the lending institution for a particulaz
construction operation; (3) such informational signs, of customary and reasonable dimensions as
prescribed by the Architectural Committee may be displayed on air from the Common Area; and (4)
one (1) sign of customary and reasonable dimensions not to exceed three (3) feet by two (2) feet as
may be displayed by an Owner other than Grantor on or from a Building Lot advertising the
residence for sale or lease. Without limiting the foregoing, no sign shall be placed. in any Common
Area without the written approval of the Architectural Committee or the Association.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere upon the Property, and no odor shall be permitted to arise therefrom so as to
render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the
Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR I~NTFIELD MANOR SUBDIVISION SAGE 6
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noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as
to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity
or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior
speakers, horns, whistles, bells or other sound devises (other than security devices used
exclusively for security purposes which have been approved by the Association), flashing lights or
search lights, shall be located, used or placed on the Property without the prior written approval of
the Association.
4.7 Exterior Maintenance: Owner's Obligations. No improvement shall be permitted to
fall 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 maintain, to fall into disrepair so as to create a dangerous,
unsafe, unsightly or unattractive condition, or damages adjoining property or facilities, the Board,
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 Building 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 Assessments
set forth in Article VII of this Declaration. The Owner of the offending property shall be
personably liable, and such Owner's property 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
collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10)
days after receipt of written demand therefor, or the amounts may, at the option of the Board, be
added to the amount payable by such Owner as Regular Assessments.
4.8 Drains eg_. There shall be no interference with the established drainage pattern over
any portion of the Property, unless an adequate alternative provision is made for proper drainage
and is first approved in writing by the Architectural Committee. For the purposes hereof,
"established" drainage is defined as the system of drainage, whether natural or otherwise, which
exists at the tune the overall grading of any portion of the Property is completed by Grantor, or that
drainage which is shown on any plans approved by the Architectural Committee, which may
include drainage from any Common Area over any Building Lot in the Properly.
4.9 ra ' .The Owner of any Building Lot within the Property in which grading or
other work has been performed pursuant to an approved grading plan shall maintain and repair all
graded surfaces and erosion prevention devices, retaining walls, drainage structures, means and
devices which are not the responsibility of the Association, or a public agency, and plantings and
ground cover installed or completed thereon. Such requirements shall be subject to Regulaz,
Special, and Limited Assessments provided in Article VII herein, as may be applicable. An
approved grading plan means such plan as may have been approved by the applicable government
agency and/or the Association.
4.10 Water SupFly ~ sv tem• No separate or individual water supply system, regazdless of
the proposed use of the water to be delivered by such system, shall be permitted on any Building
Lot unless such system is designed, located, constructed and equipped in accordance with the
requirements, standards and recommendations of the Committee and all governmental authorities
having jurisdiction. Grantor or affiliates of Grantor may use the water supply as deemed necessary
for temporary or other iaigation purposes.
4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no
improvements constructed on any property which are or might be unsafe or hazazdous to any
person or property.
4.12 Unsig.~y Articles. No unsightly articles shall be pemutted to remain on any Building
COVENANTS, CONDTITONS & RESTRICTIONS FOR I~NTFIELD MANOR SUBDIVISION SAGE 7
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Lot so as to be visible from any other portion of the Property. Without limiting the generality of the
foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas
approved by the Architectural Committee. No clothing or fabrics shall be hung, dried or aired in
such a way as to be visible to other property, and no equipment, heat pumps, compressors,
containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk materials,
scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except
within an enclosed structure or as appropriately screened from view. No vacant residential
structures shall be used for the storage of building materials.
4.13 No Temporary Structures. No house trailers, mobile home, tent (other than for short
term individual use which shall not exceed one month unless approved by the Association), shack
or other temporary building, improvement or structure shall be placed upon any portion of the
Property, except temporarily as may be required by construction activity undertaken on the
Property. Also excepted from this requirement is any sales office established by Grantor for the
Property.
4.14 No unscreened Item. No garbage cans, trash containers, firewood, beats, trailers,
campers, all terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired
and unsightly vehicles or similar items, vehicles or equipment shall be placed or parked upon any
portion of the Property (including, without limitation, streets, parking areas and driveways) unless
the same are enclosed by a structure concealing them from view in a manner approved by the
Architectural Committee. To the extent possible, garage doors shall remain closed at all times.
4.15 Sewage Disposal Sys~~ No individual sewage disposal system shall be used on the
Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lotto the
municipal sewer system and pay all charges assessed therefor.
4.16 No Minim or Drilling. No portion of the Property shall be used for the purpose of
mining, quarrying, drilling, bering or exploring for or removing water, oil, gas or other
hydrocarbons, minerals, rocks, stones, sand, gravel, or earth. This paragraph shall not prohibit
exploratory drilling or coring which is necessary to construct a residential structure or
improvements.
4.17 Energy Devices. Outside. No energy production devices, including but not limited to
generators of any kind and solar energy devices, shall be constructed or maintain on any portion of
the Property without the written approval of the Architectural Committee, except for heat pumps
shown in the plans approved by the Architectural Committee.This paragraph shall not apply to
passive solar energy systems incorporated into the approved esi of a residential structure.
4.18 Vehicles. The use of all vehicles, including ~y not limited to trucks, automobiles,
bicycles, motorcycles, snowmobiles, aircraft and boats, shall be subject to all Association Rules,
which may prohibit or limit the use thereof. No on-street parking shall be permitted except where
expressly designated for parking use. No parking bays shall be permitted in gay side, front or back
yard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian
path.
4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept
on the Properly unless the presence of such creatures does not constitute a nuisance. The paragraph
does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats,
and other household pets which do not unreasonably bother or constitute a nuisance to others.
Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be
considered a nuisance. Each dog shall be kept on a leash, curbed, and otherwise controlled at all
times when such animal is off the premises of the Owner. The animal owner shall clean up any
animal defecation immediately from common areas or public rights-of--way. Failure to do so may
COVENANTS, CONDITIONS & RESTRICTIONS FOR I~NTFIEI.D MANOR SUBDIVISION SAGE 8
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result, at the Board's discretion, with a Limited Assessment levied against such animal owner. The
construction of dog runs or other pet enclosures shall be subject to Architectural Committee
approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs
or other pet enclosures shall be placed a minimum of ten (10) feet from the side and twenty-five
(2S7 feet from the rear Building Lot line, shall not be placed in any front yazd of a Building Lot,
and shall be screened from view so as not to be visible from the street or an adjacent Building Lot.
The use of "invisible" fencing to control or restrain dogs to the respective animal owner's lot is
strongly encouraged and is recommended.
4.20 Landsca~g; The Owner of any Building Lot shall sod and landscape such Building
Lot in conformance vnth the Architectural Design Standards and Construction Guidelines, and
incorporated herein by this reference, and the Owner's specific landscape plan submitted to and
approved by the Architectural Committee. All landscaping shall be planted within thirty (30) da s
after the dwelling structure is completed, except that during the months of November througyh
Mazch, an extension of time may be granted. by the Architectural Committee for reasons of cold or
inclement weather. Prior to construction of improvements, the Owner shall provide adequate
irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the
Owner's property in a clean and safe condition free of debris or any hazardous condition.
4.21 Exemption of Grantor. Nothing contained herein shall limit the right of the Grantor to
subdivide or re-subdivide any portion of the Property, to grant licenses, to reserve rights-of--way
and easements with respect to Common Area to utility companies, public agencies or others, or to
complete excavation, grading and constructit~n of improvements to and on any portion of the
Property owner by Grantor, or to alter the foregoing and its construction plans and designs, or to
construct such additional improvements as Grantor deems advisable in the course of development
of the Property so long as any Building Lot in the Property remains unsold. Such right shall
include, but shall not be limited. to, erecting, constructing and maintaining on the Property such
structures and displays as may be reasonably necessary for the conduct of Grantor's business of
completing the work and disposing of the same by sales, lease or otherwise. Grantor shall have the
right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant,
establish and/or reserve on that Building Lot additional licenses, reservations and right-of-way to
Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the
proper development and disposal of the Property. Grantor may use any structure owned by
Grantor on the Property as a model home complex or real estate sales or leasing office. Grantor
need not seek or obtain Architectural Committee approval of any improvement constructed or
placed by Grantor or an affiliate of Grantor on any portion of the Property owned by Grantor or an
affiliate of Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor
in interest in connection vv~th Grantor's interest in any portion of the Property, by an express
written assignment recorded in the Office of the Ada County Recorder.
4.22 Conveyances to d from Municipalities The Boazd shall have the power to convey
any Common Area to the City of Meridian, the County of Ada, the State of Idaho, the United
States of America or any political subdivision thereof. The Board shall also have the power to
receive a conveyance of any property interest from the above-referenced entities or any other
individual or entity and to hold such property interest as Common Area.
4.23 Commencement of Construction Any Owner of a Building Lot shall, within a period
of one (1) yeaz following the date of purchase of the Building Lot from Grantor, commence the
construction of a dwelling structure in compliance with the restrictions herein, and such
construction shall be completed within six (6) months thereafter. The term "commence the
construction" as used in this paragraph, shall require actual physical activities upon such dwelling
structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the
construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's
COVENANTS, CONDTfIONS 8c RESTRIClTONS FOR RENTFIELD MANOR SUBDIVISION SAGE 9
option, following the expiration of said one (1) year period, repurchase said Building Lot from
such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money
actually paid to Grantor, less an amount equivalent to ten percent (10%) thereof. In the event
Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said
repurchase price, Owner or the then Owner of such Building Lot shall make, execute and deliver to
Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be
binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest
in such Building Lot, and the successors in title thereof, whether acquired by voluntary act or
through operation of law. Grantor shall be entitled to pursue the remedy of specific performance
with respect to this paragraph.
Following commencement of any construction of any improvement, construction shall be
diligently pursued and completed as soon as specifically set forth herein, or otherwise as soon as
reasonably practicable.
ARTICLE V: KENTFIELD MANOR
HOMEOWNERS ASSOCIATION
5.1
Kentfield Manor
Homeowners Association, Inc., ("Association's shall be initially organized by Grantor as an Idaho
non-profit corporation under the provisions of the Idaho Code relating to general non-profit
corporations and shall be charged vv~th 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 be
amended or otherwise changed or interpreted so as to be inconsistent with this Declaration or with
any Supplemental Declaration which Grantor might adopt pertaining to Kentfield Manor.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association.. Membership in the Association,
shall be .appurtenant to the Tract, Building Lot or other portion of the Property owned by such
Owner. The membership in the Association shall not be transferred, pledged, assigned or alienated
in any way except upon transfer of Owner's title and then only to the transferee of such title. Any
attempt to make a prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Voting= Except as provided below for Grantor, voting in the Association shall be
carried out by Members who shall cast the votes attributable to the Building Lots which they own.
The number of votes such Member may cast on any issue is determined by the number of Building
Lots which the Member owns. With respect to Grantor, the number of votes which Grantor may
cast is determined by the number of Building Lots within the Property which have been finally
platted For the purposes of clarification, and to insure that Grantor maintains control over the
development and management of the Property, it is specifically set forth that, as of the date hereof,
the Property consists of fifty-six (56) Building Lots; that voting rights attach to all fifty-six (56)
Building Lots as long as the same are within the definition of the Property as set forth in paragraph
3.19, above; and that Grantor shall be presently entitled to the voting rights attached to each
Building Lot Grantor owns.
For voting purposes, the Association shall have two (2) classes of Members as described
below:
5.3.1 Class A Members. Owners other than Grantor shall be known as Class A
Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot
owned by such Class A Member on the date of the vote.
COVENANTS, CONDITIONS & RESTRICTIONS POR KENT~L.D MANOR SUBDIVISION~AGE 10
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5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and
shall be entitled to ten (10) votes for each Building Lot of which Grantor is the Owner. The
Class B Member shall cease and be converted automatically to a Class A Member upon the
eazlier occurrence of (i) when the total cumulative votes of the Class A Members equal or
exceed the total votes of the Class B Member, or (ii) ten (10) years from the daze on which
the first Building Lot is sold to an Owner, other than Grantor.
When more than one person holds an interest in any Building Lot, all such persons shall be
Members but shall share the votes attributable to the Building Lot+ Fractional votes, however, shall
not be allowed. In the event that joint Owners are unable to agree among themselves as to how
their vote or votes shall be cast, they shall lose their right to vote on the matter being put to vote.
When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such
Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which
the vote derived. The right to vote may not be severed or separated. from the ownership of the
Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may
assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the
Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale,
transfer orconveyance of such Building Lot to a new Owner shall operate automatically to transfer
the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee,
mortgagee, or beneficiary as provided herein.
5.4 Boazd of Directors and Officers The affairs of the Association shall be conducted and
managed by the Board of Directors ("Board's and such officers as the Boazd may elector appoint,
in accordance with the Articles and Bylaws, as the same may be amended from time to time. The
Board of the Association shall be elected in accordance with the provisions set forth in the Bylaws.
5.5 Powers and Duties of the Association
5.5.1 P veers. The association shall have all the powers of a corporation organized
under the general corporation laws of the State of Idaho subject only to such limitations:
upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and
this Declaration. The Association 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 Idaho
law and under this Declaration, and the Articles and Bylaws, and to do and perform any
and all acts which may be necessary to, proper for, or incidental to the proper management
and operation of the Common Area and the Association's other assets, and the affairs and
performance of the other responsibilities herein assigned, including without limitation, the
following:
5.5.1.1 Assessments. The power to levy Assessments on an Owner or any
portion of the Property and to force payment of such Assessments, all in accordance
with the provisions of this Declaration.
5.5.1.2 Riaht of Enforcement. The power and authority from time to time in
its own name, on its own behalf, or on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to restrain and enjoin any breach o~
threatened breach of this Declaration or the Articles or the Bylaws, including the
Association Rules adopted pursuant to this Declaration, and to enforce by injunction
or otherwise, all provisions hereof.
5.5.1.3 Delegation of Powers. The authority to delegate its power and duties
to committees, officers, employees, or to any person, firm or corporation to act as
COVENANTS, CONDITIONS & RESTRICTIONS POR I~N1F1E<[.D MANOR SUBDMSION SAGE 11
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manager, and contract for the maintenance, repair, replacement and operation of the
Common Area. Neither the Association or the members of its Board shall be liable for
any omission or improper exercise by the manager of any such duty or power so
delegated.
5.5.1.4 A_ ssociation Rules. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Association deems
reasonable. The Association may govern the use of the Common Areas by the
Owners, their families, invitees, licensees, lessees or contract purchasers; provided,
however, that any Association Rules shall apply equally to all Owners and shall not
be inconsistent with this Declaration, the Articles or Bylaws. A copy of the
Association Rules as they may from time to time be adopted, amended or repealed,
shall be mailed or otherwise delivered to each Owner: Upon such mailing or delivery,
the Association Rules shall have the same force and effect as if they were set forth in
and were apart of this Declaration. In the event of any conflict between the
Association Rules and any other provisions of this Declaration, or the Articles or
Bylaws, the provisions of the Association Rules shall be deemed to be superseded by
the provisions of this Declaration.
5.5.1.5 Emergenc~Powers. The power, exercised by the Association or by
any person authorized by it, to enter upon any property (but not inside any building
constructed thereon) in the event of any emergency involving illness or potential
danger to life or property or when necessary in connection with any maintenance or
construction for which the Association is responsible. Such entry shall be made with
as little inconvenience to the Owner as practicable, and any damage caused thereby
shall be repaired by the Association.
5.5.1.6 Licenses. Easements and Ri is -of--wax, The power to grant and
convey to any third party such licenses, easements andrights-of-way in, on or under
the Common Area as may be necessary or appropriate for the orderly maintenance,
preservation and enjoyment of the Common Area, and for the preservation of the
health, safety, convenience and welfare of the Owners, operating or maintaining:
5.5.1.6.1 Underground lines, cables, wires, conduits or other
devices for the transmission of electricity or electronic signals for lighting,
heating, power, telephone, television or other purposes, and the above ground
lighting stanchions, meters, and other facilities associated with the provisions of
lighting and services; and
5.5.1.6.2 Public sewers, storm drains, underground irrigation pipes,
water drains and pipes, water supply systems, sprinkling systems, heating and
gas lines or pipes, and any similar public or quasi-public improvements or
facilities,
5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping abutting common areas,
public and private streets and land conveyed for any public or quasi-public
purpose including, but not limited to pedestrian/bicycle pathways.
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 issue of the individual(s) executing this Declaration who is (are) in
being as of the date hereof.
COVENANTS, CONDITIONS 8c RESTRICTIONS 1~DR KENTFlE[.D MANOR SUBDIVISION SAGE 12
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5.5.2 Duties. In addition to duties necessary and proper to carry out the powers
delegated to the Association by this Declaration, and the Articles and Bylaws, without
limiting the generality thereof, the Association or its agent, if any, shall have the authority
and the obligation to conduct all business affairs of the Association and to perform, without
limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of Common Area. Operate, maintain,
and otherwise manage or provide for the operation, maintenance and management of
the Common Area, including the repair and replacement of property damaged or
destroyed by casualty loss.
Specifically, the Association shall, at Grantor's sole discretion, operate and
maintain all properties owned by Grantor for temporary or permanent use by
Members.
5.5.2.2 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance
company authorized to do business in the State of Idaho, which reserve account shall
be dedicated to the cost of repairs, replacement, maintenance and improvement of the
Common Area.
5.5.2.3 Taxes and Assessments. Pay all real and personal property taxes and
Assessments separately levied against the Common Area or against the Association
and/or any other property owned by the Association. Such taxes and Assessments
may be contested or compromised by the Association, provided, however, that such
taxes and Assessments are paid or a bond insuring payment is posted prior to the sale
of disposition of any property to satisfy the payment of such taxes and Assessments.
In addition, the Association shall pay all other federal, state or local taxes, including
income or corporation taxes levied against the Association, in the event that the
Association is denied the status of a tax exempt corporation.
5.5.2.4 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 to manage all domestic,
irrigation and amenity water rights and rights to receive water held by the
Association, whether such rights are evidenced by license, permit, claim, stock
ownership or otherwise.
5.5.2.5 Insurance. Obtain insurance from reputable insurance companies
authorized to do business in the State of Idaho, and maintain in effect any insurance
policy the board deems necessary or advisable, including, without limitation the
following policies of insurance:
5.5.2.5.1 Fire insurance including those risks embraced by coverage
of the type known as the broad form "All Risk" or special extended coverage
endorsement on a blanket agreed amount basis for the full insurance
replacement value of all improvements, equipment and fixtures located within
the Common Area.
5.5.2.5.2 Comprehensive public liability insurance insuring the
Board, the Association, the Grantor and the individual grantees and agents and
COVENANTS, CONDITIONS & RESTRICTIONS FOR IG;iVTFIELD MANOR SUBDIVISION PAGE 13
•
employees of each of the foregoing against any liability incident to the
ownership and/or use of the Common Area. Limits of Liability of such
coverage shall be as follows: Not less than Five Hundred Thousand Dollars
($500,000.00) per person and Five Hundred Thousand Dollars ($500,000.00)
per occurrence with respect to personal injury or death, and Five Hundred
Thousand Dollars ($500,000.00) per occurrence with respect to property
damage.
5.5.2.5.3 Full coverage directors' and officers' liability insurance
with a limit of at least One Hundred Thousand Dollars ($100,00.00).
5.5.2.5.4 Such other insurance, including motor vehicle insurance
and Workman's Compensation insurance, to the extent necessary to comply
with all applicable laws and indemnity, faithful performance, fidelity and other
bonds as the Board shall deem necessary or required to carry out the
Association 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 of any Association funds or other property.
5.5.2.5.5 The Association shall be deemed trustee of the interests of
all Owners in connection with any insurance proceeds paid to the Association
under such policies, and shall have full power to receive such Owner's interest
in such proceeds and to deal therewith.
5.5.2.5.6 Insurance premiums for the above insurance coverage shall
be deemed a common expense to be included in the Regular Assessments levied
by the Association.
5.5.2.6 Rule Making; Make, establish, promulgate, amend and repeal such
Association Rules as the Board shall deem advisable.
5.5.2.7 Newsletter. If it so elects, prepare and distribute a newsletter on
matters of general interest to Association Members, the cost of which shall be
included in Regular Assessments.
5.5.2.8 Architectural Committee. Appoint and remove members of the
Architectural Committee, subject to the provisions of this Declaration.
5.5.2.9 Enforcement of Restrictions and Rules. Perform such other acts,
whether or not expressly authorized by this Declaration, as may be reasonably
advisable or necessary to enforce any of the provisions of the Declaration, or of the
Articles or Bylaws, including, without limitation, the recordation of any claim of lien
with the Ada County Recorder, as more fully provided herein.
5.5.2.10 Private Street Lim Maintain, repair or replace private street lights
located on the Property. This duty shall run with the land and cannot be waived by
the Association unless the City of Meridian consents to such waiver.
5.6 Personal Liability. No Member of the Board, or member of any committee of the
Association, or any officers of the Association, or the Grantor, or the manager, 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 of any act, omission, error or negligence of the
Association, the Board, the manager, if any, or any other representative or employee of the
Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of
COVENANTS, CONDITIONS & RESTRICTIONS FOR I~NTFIQ..D MANOR SUBDIVLSION SAGE 14
3
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the Association, or the Grantor, provided that such person, upon the basis of such information as
may be possessed by such person, has acted in good faith without willful or intentional
misconduct, and, provided that such person has so acted, the Association shall indemnify and hold
harmless said person from any damage, loss or prejudice aforesaid.
5.7 Budgets and Financial Statements. Financial Statements for the Association shall be
prepared regularly and copies shall be distributed to each Member of the Association as follows:
5.7.1 A pro forma operating statement or budget, for each fiscal year shall be
distributed not less than sixty (60) days before the beginning of each fiscal year. The
operating statement shall include a schedule of Assessments received and receivable,
identified by the Building Lot number and the name of the person or entity assigned.
5.7.2 Within thirty (30) days after the close of each fiscal year, the Association shall
cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the
Association's fiscal year and annual operating statements reflecting the. income and
expenditures of the Association for its last fiscal year.
Copies of the balance sheet and operating statement shall be distributed to each
Member within ninety (90} days after the end of each fiscal year.
5.8 Meetins;s of the Association. Each year the Association shall hold at least one meeting
of the Members, according to the schedule for such meetings established by the Bylaws. Only
Members shall be entitled to attend Association meetings, and all other persons may be excluded.
Notice to all Association meetings, regular or special, shall be given by regular mail to all
Members, and any person in possession of a Building Lot, not less than ten (10) days nor more
than fifty (50) days before the meeting and shall set forth the place, date and hour of the meeting
and the nature of the business to be conducted. All meetings shall be held within the Property or as
close thereto as practical at a reasonable place selected by the Board. The presence at any meeting
in person or proxy of the Class B Member where there is such a Member and of the Class A
Members representing Owners holding at least one-third (1/3) of the total votes of all Class A
Members shall constitute a quorum. If any meeting cannot be held because a quorum is not
present, the Members present may, as otherwise provided by law, adjourn the meeting to a time
not less than ten (10) days nor more than thirty (30) days from the time the original meeting was
scheduled. A second meeting may be called as the result of such an adjournment, provided notice
is given as provided above. At any such meeting properly called, the presence of any member shall
constitute a quorum.
ARTICLE VI: RIGHTS TO COMMON AREA
6.1 Use of Common Area. Every Owner shall have a right to use and enjoy the Common
Area, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject
to the following provisions:
6.1.1 The right of the Association, as it may hold or control such Common Area, to
levy and increase Assessments;
6.1.2 The right of the Association to suspend the voting rights and rights to use of,
or interest in, Common Area Property (but not including access to private streets, cul-de-
sacs and walkways of the Property by an Owner for any period during which any
Assessment or charge against such Owner's Building Lot remains unpaid; and for a period
not to exceed sixty (60) days for an infraction of the Association Rules;
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 15
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6.1.3 The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and subject to
such conditions as may be permitted by the Articles and Bylaws and agreed to by the
Members. No dedication or transfer of said Common Area shall be effective unless an
instrument agreeing to such dedication or transfer signed by Members representing two-
thirds (2/3rds) of each class of Members has been recorded;
6.1.4 The right of the Association to prohibit the construction of structures or
improvements on all Common Areas which interfere with the intended use of such areas as
walkways.
6.2 Designation of Common Area. Grantor shall designate and reserve Common Area in
the Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments
and/or as otherwise provided herein
6.3 Designation of Riaht to Use. Any Owner may delegate, in accordance with the
Bylaws and Association Rules as the case may be, such Owner's right of enjoyment to the
Common Area, to the members of such Owner's family in residence, and such Owner's tenants or
contract purchasers who reside on such Owner's Building Lot. Only Grantor shall have the right to
delegate the right of enjoyment to the Common Area to the general public, and such delegation to
the general public shall be for a fee set by Grantor.
6.4 Damages. Each Owner shall be fully liable for any damages to any Common Area
which may be sustained by reason of the negligence or willful misconduct of the Owner, such
Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and
adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint
and several. The cost of correcting such damage shall be a Limited Assessment against the
Building Lot and may be collected as provided herein for the collection of other Assessments.
ARTICLE VII: ASSESSMENTS
7.1 Covenants to Pav Assessments. By acceptance of a deed to any property in Kentfield
Manor, each Owner of such property hereby covenants and agrees to pay when due all
Assessments or charges made by the Association, including all Regulaz, Special and Limited
Assessments and charges made against such Owner pursuant to the provisions of this Declaration
or other applicable instrument.
7.1.1 Assessment Constitut s Lien. Such Assessments and chazges together with
interest, cost and reasonable attorney's fees which may be incurred in collecting the same,
shall be a chazge on the land and shall be a continuing lien upon the property against which
each such Assessment or charge is made.
7.1.2 Assessment is Personal Obli ation. Each such Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the
Owner of such property beginning with the time when the Assessment falls due. The
personal obligation for delinquent Assessments shall not pass to such Owner's successors
m title unless expressly assumed by them but shall remain such Owner's personal
obligation regardless of whether he or she remains an Owner.
7.2 Reaulaz Assessments. All Owners, including the Grantor, are obligated to pay
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 16
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Regular Assessments to the treasurer of the Association on a schedule of payments established by
the Boazd
7.2.1 P~~.rpose of Regulaz Assessment. The proceeds from Regular Assessments
are to be used to pay for all costs and expenses incurred by the Association, including legal
and attorney's fees and other professional fees, for the conduct of its affairs, including
without limitation the cost and expenses of construction, improvement, protection,
maintenance, repair, management and operation of the Common Area, including all
improvements located on such azeas owned and/or managed and maintained by the
Association, and an amount allocated to an adequate reserve fund to be used for repairs,
replacement, maintenance and improvement of those elements for the Common Area, or
other property of the Association that must be replaced and maintained on a regular basis
(collectively "Expenses'.
7.2.2 Computation of Re~ulaz Assessments. The Regulaz Assessment for calendar
yeaz 1994 for Class A Members shall be $100.00. Thereafter, the Association shall
~~~ coin ute the am unt of its expenses on an annual basis. The Board shall compute the
amount of Regulaz Assessmen s own beginning the first day of the third month
~~~p following the month in which the closing of the first sale of a Building Lot occurred
~r~l,e.~ ("Initiation Date's Thereafter, the computation of Regular Assessments shall take place not
less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year
of the Association. The computation of the Regular Assessment for the period from the
Initiation Date until the beginning of'the next fiscal yeaz shall be reduced by a pro rata
amount based on the number of months if such period is less than one year.
7.2.3 Amounts Paid by Owners. The Boazd can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi-annual or annual installments. The Regulaz Assessment to be paid by any
particulaz Owner, including Grantor, for any given fiscal year shall be computed as
follows: Each Owner shall be assessed and shall pay an amount computed by multiplying
the Association's total advance estimate of expenses by the fraction produced by dividing
the finally platted Building Lots attributable to the Owner by the total number of finally
platted Building Lots in the Property.
7.3 ~uecial Assessments.
7.3.1 Psarpose and Procedure. In the event that the Board shall determine that its
respective Regular Assessment for a given calendar year is or will be inadequate to meet the
expenses of the Association for any reason, including but not limited to cost of
construction, reconstruction, unexpected repairs or replacement of capital improvements
upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or
for any other reason, the Board shall determine the approximate amount necessary to defray
such expenses and levy a Special Assessment against the Property which shall be computed
in the same manner as Regular Assessments. No Special Assessment shall be levied which
exceeds twenty percent (20%} of the budgeted gross expenses of the Association for that
fiscal yeaz, without the vote or written assent of the Owners representing a majority of the
votes of the Members of the Association. The Board shall, in its discretion, determine the
schedule under which such Special Assessment will be paid.
7.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for
the Association shall be levied and paid upon the same basis as that prescribed for the
levying and payment of Regulaz Assessments for the Association.
COVENANTS, CONDITIONS & RESTRICTIONS FOR IGrIVT FTQ..D MANOR SUBDIVISION SAGE 17
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7.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular
and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy
to reimburse the Association for costs incurred in bringing the Member and/or such Member's
Building Lot into compliance with the provisions of the governing instnunent for Kentfield Manor.
7.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regulaz
and Special Assessments shall be fixed at a uniform rate per Building Lot for all members of the
Association.
7.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the
Assessment period shall commence on January 1 of each yeaz and terminate December 31 of the
year in which the Initiation Date occurs. The first Assessment shall be in the amount of one
hundred dollars ($100.00) and shall be collected in full at the closing of the Building Lot,
regazdless of the tune of year the building lot is conveyed to Owner.
7.7 Notice and Assessment Due Date Ten (10) days prior written notice of Regular and
Special Assessments shall be sent to the Owners of every Building Lot subject thereto, and to any
person in possession of such Building Lot. The due dates for payment of Regular Assessments
and Special Assessments shall be the first day of the month unless some other due date is
established by the Board. Each installment of the Regular Assessment or Special Assessment shall
become delinquent if not paid within ten (10) days after the due thereof. There shall accrue with
each delinquent payment, a late chazge equal to ten percent (10%) of the delinquent payment. In
addition, each payment which is delinquent for more than twenty (20) days shall accrue interest at
eighteen percent (18%) per annum calculated from the date of delinquency to and including the date
full payment is received by the Association. The Association may bring an action against the
delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully
provided herein. Each Owner is personally liable for Assessments, together with all interest, costs
and attorney's fees, and no Owner may exempt such Owner from such liability by a waiver of the
use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building
Lot.
7.8 Estogpel Certificate. The Association, upon at least twenty (20) days prior written
request, shall execute, acknowledge and deliver to the party making such request, a statement in
venting stating whether or not, to the knowledge of the Association, a particular Building Lot
Owner is in default under the provisions of this Declaration, and further stating that dates to which
any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this
paragraph may be relied upon by any prospective purchaser or mortgagee of the Owner's Building
Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have
had no actual knowledge.
7.9 Special Notice and Ouorum Requirements Notwithstanding anything to the contrary
contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose
of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection
with an increase m the Regular Assessment, shall be sent to all Members of the Association and to
any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days
nor more than fifty (50) days before such meeting. At the first such meeting called, the presence of
Members or of pmxies entitled to cast sixty percent (60%) of the total votes of the Association shall
constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to
the same notice requirement, and the required. quorum at the subsequent meeting shall be fifty
percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall
be held more than thirty (30) days following the preceding meeting.
~ ~ ~ ~~
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COVENANTS, CONDTITONS & RESTRICTIONS FOR I~NTFIEL.D MANOR SUBDMSION SAGE 18
ARTICLE VIII: ENFORCEMENT OF ASSESSMENTS; LIENS
8.1 Right to Enforce. The Association has the right to collect and enforce its Assessments
pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of
such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment
provided for m this manner herein specified. Tn the event an attorney or attorneys are employed for
the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner agrees to pay
reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner.
The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit pursuant to paragraph 8.3 to enforce the
lien created hereby. A suit to remove a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided
8.2 Assessment Liens.
8.2.1 Creation. There is hereby created a claim of lien with power of sale on each
and every Building Lot to secure payment of any and all Assessments levied against such
Building Lot pursuant to this Declaration together with interest thereon at the maximum rate
permitted by law or as set forth herein, and all costs of collection which -may be paid or
incurred by the Association making the Assessment in connection therewith, including
reasonable attorney's fees. All sums assessed in accordance with the provisions of this
Declaration shall constitute a lien on such respective Building Lots upon recordation of a
claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all
other liens and claims created subsequent to the recordation of the notice of delinquency
and claim of lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other governmental
assessing body which, by law, would be superior thereto.
8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder the Association may cause to be recorded
in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the
amount of such delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Building Lot(s) against which the
same have been assessed, and the name of the record Owner thereof. Each delinquency
shall constitute a separate basis for a notice and claim of lien. Upon payment to the
Association of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further notice stating the
satisfaction of relief of such delinquent sums and charges. The Association may demand
and receive the cost of preparing and recording such release before recording the same.
8.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or
by sale by the Association establishing the Assessment, its attorney or other person authorized to
make the same. Such sale shall be conducted in accordance with the provisions of the Idaho Code
applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to
appoint its attorney, any officer or director of the Association, or any title company authorized to
do business in Idaho as Trustee for the purpose of conducting such power of sale or foreclosure.
8.4 Required Notice. Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created by recordation of the notice of
delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the
expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United
States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described
COVENANTS, CONDITIONS & RESTRICTIONS FOR I~NTFIQ.D MANOR SUBDIVISION PAGE 19
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in such notice of delinquency and claim of lien, and to the person in possession of such Building
Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County
Recorder.
8.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for
herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of
trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good
faith and for value that is of record as an encumbrance against such Building Lot prior toh 8 6
recordation of a claim of lien for the Assessments. Except as expressly provided in paragrap
with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any
Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by
the recordation of a claim of lien, on account of the Assessments becoming due whether before,
on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the
personal obligation of any Owner for delinquent Assessments as provided for in this Declaration.
8.6 Right of Mortga,~~-ees• Notwithstanding any other provisions of this Declaration, no
amendment of this Declaration shall operate to defeat the rights of the Beneficiary under and deed
of trust upon a Buildin o ded ~ ainftger ~ ffor~eclosure f any deed of trust such Building Lora shall.
of such amendme t, p
remain subject to this Declaration as amended.
ARTICLE IX: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
9.1 Member's Right of Inspection. The membership register, books of account and
minutes of meetings of the Board and committees of the Association shall be made available for
inspection and copying by any Member of the Association or by such Member's duly appointed
representatives, at any reasonable time during business hours and for a purpose reasonably related
to such Member's interest as a Member at the office of the Association or at such place as the
Board shall prescribe. No Member or any other person shall copy the membership register for the
purpose of solicitation of or direct mailing to any Member of the Association.
9.2 Rules Rg~ardi_n_g__Inspection of Books and Records. The Board shall establish
reasonable rules with respect to:
9.2.1 Notice to be given to the custodians of the records by the persons desiring to
make the inspection.
9.2.2 Hours and days of the week when such an inspection maybe made.
9.2.3 Payment of the cost of reproducing copies of documents requested pursuant
to this Article.
9.3 Director's Ri~lit of Inspection. Every director shall have the absolute right at any
reasonable time to inspect all books, records and documents of the Association, and the physical
properties owned or controlled by the Association. The right of inspection by a director includes
the right to make extracts and copies of documents.
ARTICLE X: ARCHITECTURAL COMNIITTEE
10.1 re ion. Within thirty (30) days of the date on which Grantor first conveys a
Building Lot to an Owner, Grantor shall appoint two (2) individuals to serve on the Architectural
Committee ("Architectural Conunittee'~. Each member shall hold office until such time as such
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIEI.D MANOR SUBDIVISION PAGE 2A
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the estimated cost of correcting or removing the same. ff anon-compliance exists, the
Owner shall remedy or remove the same within a period of not more than forty-five (45)
days from the date of the announcement of the Board ruling unless the Board specifies a
longer tune 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-compliance improvement and
remedy the non-compliance, 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 for reimbursement pursuant to this Declaration.
10.7.4 If for any reason the Architectural Committee fails to notify the Owner of any
non-compliance within sixty (60) days after receipt of the written notice of compliance from
the Owner, the work shall be deemed to be in accordance with the approved plans.
10.8 Non-Liability of Architectural Committee Members. Neither the Architectural
Committee nor any member thereof, nor its duly authorized Architectural Committee
representative, shall be liable to any Association, or to any Owner or Grantee for any loss,
damage, or injury arising out of or in any way connected with the performance of the Architectural
Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural
Committee. The Architectural 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 considerations and the overall benefit or detriment which would result to the immediate
vicinity and to the Property generally. The Architectural 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 reviewing, nor
shall its approval of any plan or design be deemed approval of any plan or design from the
standpoint of structural safety or conformance with building or other codes.
10.9 Variances. The Architectural Committee may authorize variances from compliance
with any of the architectural provisions of this Declaration or any Supplemental Declaration,
including restrictions upon height, size, floor area or placement of structures, or similar
restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. However no variances will be granted for construction
of structures or improvements, including without limitation manicured lawns, in the Common
Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members
of the Architectural Committee, and shall become effective upon recordation in the office of the
County Recorder of Ada County. If such variances are granted, no violation of the covenants,
conditions or restrictions contained in this Declaration or any Supplemental Declaration shall be
deemed to have occurred with respect to the matter for which the variance was granted. The
granting of such a variance shall not operate to waive any of the terms and provisions of this
Declaration or any Supplemental Declaration for any purpose except as to the particular Building
Lot and particular provision hereof covered by the variance, nor shall it affect in any way the
Owner's obligation to comply with all governmental laws and regulations affecting such Owner's
use of the Building Lot, including but not limited to zoning ordnances or requirements imposed by
any governmental or municipal authority.
10.10 Agpeal. Any Owner may appeal in writing the decision of the Architectural
Committee. The appeal shall be filed with Association within ten (10) days after the decision. Said
appeal shall state the decision appealed from and reasons therefor. The appeal shall be heard by the
Board within thirty (30) days. If no appeal is filed within the aforesaid ten (10) days, the decision
of the Architectural Committee shall be final.
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR KENTFiQ.D MANOR SUBDIVISION PAGE 23
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ARTICLE XI: EASEMENTS
11.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of the Common Area
adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or
shifting of the improvements including but not limited to structures, walkways, bike paths,
sidewalks and driveways construct, reconstructed or altered thereon in accordance with the terms
of this Declaration. Easements of encroachment shall be valid only so long as they exist, and the
rights and obligations of Owners shall not be altered in any way because of encroachment, settling
or shifting of the improvements; provided, however, that in no event shall a valid easement for
encroachment occur due to the willful act or acts of an Owner. In the event a structure on any
Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each
Building Lot agree that minor encroachment over adjoining Building Lots that existed prior to the
encroachment may be reconstructed pursuant to the easement granted by this paragraph.
11.2 Drainage and Utility Easements. Grantor expressly reserves for the benefit of all the
Property reciprocal easements of access, ingress and egress for all Owners to and from their
respective Building Lots for installation and repair of utility services, for drainage of water over,
across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of
adjoining Building Lots or Common Areas, and for necessary maintenance and repair of any
improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk
abutments, trees and landscaping. Notwithstanding anything expressly or impliedly contained
herein to the contrary, this Declaration shall'be subject to all easements heretofore or hereafter
granted by Grantor for the installation and maintenance of utilities and drainage facilities that are
required for the development of the Property. In addition, Grantor hereby reserves for the benefit
of the Association the right to grant additional easements and rights-of--way over the Property
and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient
for the proper development of the Property until close of escrow for the sale of the last Building
Lot in the Property to a purchaser.
11.2.1 Improvement of Drainage and Utility Easement Areas The Owners of
Building Lots are hereby restricted and enjoined from constructing any improvements upon
any drainage or utility easement areas as shown on the Plat of Kentfield Manor or
otherwise designated in any recorded document which would interfere with or prevent the
easement from being used for such purpose; provided, however that the Owner of such
Building Lots and the Grantor, the Association or designated entity with regard to the
landscaping easement described in this Article, shall be entitled to install and maintain
landscaping on such easement areas, and also shall be entitled to build and maintain fencing
on such easement areas subject to approval by the Architectural Committee, so long as the
same would not interfere with or prevent the easement areas from being used for their
intended purposes; provided, that any damage sustained to improvements on the easement
areas as a result of legitimate use of the easement area shall be the sole and exclusive
obligation of the Owner of the Building Lot whose improvements were so damaged.
11.3 Rights and Duties Concerning Utility Easements The rights and duties of the
Owners of the Building Lots with the Property with respect to utilities shall be governed by the
following:
11.3.1 Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by an Owner other
than the Owner of the Building Lot served by the connections, shall have the right, and is
hereby granted an easement to the full extent necessary therefor, to enter upon any Building
COVENANTS, CONDITIONS 8c RESTRICTIONS POR IG?NTFIELD MANOR SUBDIVISION PAGE 24
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Lot or to have their agent enter upon any Building Lot within the Property in or upon which
connections or any portion thereof lie, to repair, replace and generally maintain the
connections as and when it may be necessary.
11.4.2 Whenever utility house connections are installed within the Property, which
connections serve more than one Building Lot, the Owner of each Building Lot served by
the connections shall be entitled to full use and enjoyment of such portions of said
connections as service such Owner's Building Lot.
11.4 Driveway Easements. Whenever a driveway is installed within the Property which in
whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building
Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot
served or to be served by such driveway shall be entitled to full'use and enjoyment of such other
Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain
such driveway.
11.5 Disputes as to Sharing of Costs. In the event of a dispute between Owners with
respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing
of the cost therefor, upon written request of one of such Owners addressed to the Association, the
matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an
appropriate Assessment against any or all of the Owners involved on behalf of the prevailing
Owner(s), which Assessment shall be collected and enforced in the manner provided by. this
Declaration for Limited Assessments.
11.6 General Landscape Easement. An easement is hereby reserved to the Association, its
contractors and agents, to enter those portions of Building Lots, for the purpose of installing,
maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such
landscaping activity shall include, by way of illustraxion and not of limitation, the mowing of
lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement,
seasonal planting and such other landscaping activities within the Property as the Association shall
determine to be necessary from time to time.
11.7 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of
a structure, or a fence or retaining wall, is legitimately constructed on a Building Lot under plans
and specifications approved by the Architectural Committee, and is located within three (3) feet of
the Lot line of such Building Lot, the Owner of such Building Lot is hereby granted as easement
over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for
purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the
Owner of such adjoining Building Lot is hereby granted as easement for landscaping purposes
over and on the area lying between the Lot line and such structure or fence so long a such use does
not cause damage to the structure or fence.
11.8 Sewer Covenants and Restrictions. All Building Lots within Kentfield Manvr shall be
subject to and restricted by the following covenants and restrictions:
11.8.1 A monthly sewer charge must be paid after connecting to the municipal public
sewer system, according to the ordinances and laws of the City of Meridian.
11.8.2 The Owner of the Building Lot shall submit to inspection by either the
Department of Public Works or the Building Department whenever a Building Lot is to be
connected to the City's sewage system and a building sewer line is constructed or installed
on or within Owner's Lot.
COVENANTS. CONDITIONS & RESTRICTIONS 1~R IIGrNNTFIEI.D MANOR SUBDIVISION PAGE 25
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11.8.3 Grantor shall and hereby does vest in the City of Meridian the right and power
to bring all actions against the Owner of the Property conveyed or any part thereof for the
collection of any charges herein required and to enforce the conditions herein stated. This
covenant shall run with the land.
ARTICLE XII: NIISCELLANEOUS
12.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holder of such easement as provided by law. The covenants, conditions,
restrictions and equitable servitudes of this Declaration shall run for a term of twenty (20) years
from the date this Declaration is recorded, unless amended as herein provided. Thereafter, such
covenants, conditions and restrictions shall be automatically extended for successive periods of ten
(10) years each, unless amended or extinguished by a written instrument executed by members
holding at least three-fourths (3/4) of the voting power of the Association and such written
instrument is recorded with the Ada County Recorder. Further provided that the Association shall
not be dissolved without the prior written approval of the City of Meridian, such consent not to be
unreasonably withheld provided that a responsible successor organization shall agree to perform
those maintenance responsibilities arising from applicable governmental requirements.
12.2 Amendment.
12.2.1 By G~ tor. Except as provided in paragraph 12.3 below, until the
recordation of the first deed to a Building Lot in the Property, the provisions of this
Declaration may be amended, modified, clarified, supplemented, added to (collectively,
"amendment's or terminated by Grantor by recordation of a written instrument setting forth
such amendment or termination. Any amendment affecting only a particular Tract may be
made by Grantor by an amendment to this Declaration at any time up to the recordation of
the first deed to a Building Lot in such Tract.
12.2.2 ~v Or wners. Except where a greater percentage is required by express
provision in this Declaration, the provisions of ties Declaration, other than this Article XII,
may be amended by an instrument in writing signed and acknowledged by the president
and secretary of the Association certifying and attesting that such amendment has been
approved by the vote or written consent of Owners representing more than fifty percent
(50%) of the votes in the Association, and such amendment shall be effective upon its
recordation with the Ada County Recorder. Any amendment to this Article XII shall require
the vote or written consent of Members holding ninety-five percent (95%) of the voting
power of the Association.
12.3 Mortgage Protection. Notwithstanding any other provision of this Declaration, no
amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary
under any first deed of trust upon a Building Lot made in goad faith and for value, and recorded,
that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this
Declaration, as amended.
12.4 No 'ce .Any notices permitted or required to be delivered as provided herein shall be
in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be
deemed to have been delivered seventy-two (72) hours after the same has been deposited in the
United States mail, postage prepaid, addressed to any person at the address given by such person
to the Association for the purpose of service of such notice, or to the residence of such person if no
address has been given to the Association. Such address may be changed from time to time by
notice in writing to the Master Association, as provided in this paragraph.
COVENANTS, CONDITIONS 8c RESTRICTIONS FOR IG;NTFIH.D MANOR SUBDIVISION PAGE 26
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12.5 Enforcement of Non-Waiver.
12.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of
any Building Lot shall have the right to enforce any or all of the provisions hereof against
any property within the Property, and Owners thereof.
12.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to
comply with the provisions hereof, or with any provision of the Articles or Bylaws of the
Association, is hereby declared a nuisance and will give rise to a cause of action in the
Grantor, the Association or any Owner of a Building Lot(s) within the Property for
recovery of damages or for negative or affirmative injunctive relief or both. However, any
other provision to the contrary notwithstanding, only Grantor, the Association, the Board,
or a duly authorized agent of any of them, may enforce by self-help any of the provisions
hereof only if such self-help is preceded by reasonable notice to the Owner.
12.5.3 Violation of Law. Any violation of any state, municipal or local law,
ordinance or regulation pertaining to the ownership, occupation or use of any property
within the Property is hereby declared to be a violation of this Declaration and subject to
any or all of the enforcement procedures set forth in this Declaration and any or all
enforcement procedures in law and equity.
12.5.4 Remedies Cumulative. Each remedy provided herein is cumulative an~ not
exclusive.
12.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time
shall not constitute a waiver of the right to enforce any such provision.
12.6 Interpretation. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development and operation of the Property.
This Declaration shall be construed and governed under the laws of the State of Idaho.
12.6.1 Restrictions Construed To egether. All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development
of the Property as set forth in the recitals of this Declaration.
12.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing
paragraph, each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or partial invalidity of any provision or portion thereof shall
not effect the validity or enforceability of any other provision herein.
12.6.3 Singulaz Includes Plural. Unless the context requires a contrary construction,
the singulaz shall include the plural and the plural the singular; and the masculine, feminine
or neuter shall each include the masculine, feminine and neuter.
12.6.4 tions. All captions and titles used in this Declaration are intended solely
for convenience of reference and shall not affect that which is set forth in any of the
provisions hereof.
12.7 Successors and Assigns• All references herein to Grantor, Owners, Association or
person shall be construed to include all successors, assigns, partners and authorized agents of such
Grantor, Owners, Association or person.
COVENANTS, CONDITIONS & RESTRICTIONS 1~R I~NT FIELD MANOR SUBDMSION PAGE 27
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
1994.
MERIT HOMES , AN IDAHO CORPORATION
BY:
STATE OF IDAHO )
:ss
County of Ada )
On this _ day of , 1994, personally appeared DON COFFEY, known or identified
to me to be the President of Merit Homes, the Corporation that executed the foregoing Instrument,
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:
COVENANTS, CONDTITONS & RESTRICTIONS FOR I~IVTFIEL,D MANOR SUBDIVISION SAGE 28
MERIDIAN CITY COUNCIL
AUGUST 17, 1993
RAGE 35
Zoning on that and that would be developed as an office warehouse
development. It is anticipated that that office warehouse
development would develop over the next five to eight years and
we'll do that in phases and that's why we're asking for the
individual lots in there as we develop that. Mr. Clark has
purchased the portion that is being developed as recreational and
he'll address that specific development. It's my understanding
that his funding is in place and he is ready to proceed with that
this fall. Any questions? No response.
Kingsford: Thank you. Anyone else?
Michael Clark, 4+x+98 N. Juliann, Boise, was sworn by the attorney.
Clark: The plan has right now 85 R.V. spaces with amenities for
the R.V. spaces. This wouldn't be permanent trailers or mobile
homes, this would be overnight camping mainly. It would have
multiple batting cages, a 3b hole miniature golf course and a
driving range with a practice putting green and sand trap. We
have further development on the diagt^am that says commercial
paths but those are to be left open for further expansion of
other recreational items that we'd like to add in later on. We
feel like this would be a real nice attraction to the City of
Meridian.
Kingsford: Thank you. Anyone else? No response. I will close
the public hearing.
The Motion was made by Tolsma and seconded by Giesler to approve
the Findings of Fact and Conclusions of Law.
Roll Call Vote: Yerrington - Yea; Giesler - Vea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Carrie to have the
attorney prepare an ordinance.
Motion Carried: All Yea:
ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO
R-4 WITH KENTFIELD MANOR PRELIMINARY PLAT BY PERSONALITY HOME5:
Kingsford: I will open the Public Hearing and invite the owner
or designee to speak first.
DATE: ~ ~~ MERIDIAN C17'y Cf~CIL
AGENDA ITEM NUMBER APPLICANT: ~_ ~`
~Qr~~ s
REQUEST:
- y~n~Or
AGENCY COMMENTS:
MERIDIAN POLICE -
MERIDIAN FIRE DEPT. -
MERIDIAN CITY ENGINEER - JQ,A„ 1~~~ Cp~nnv+
MERIDIAN ATTORNEY -
MERIDIAN POST OFFICE -
MERIDIAN SCHOOL DISTRICT -S~Q..~~ ~rriv~~S
MERIDIAN BUILDING DEPT. -
ADA COUNTY HIGHWAY DISTRICT
ADA STREET NAME COMMITTEE -
_ ~, V4~-o.~.~ Com w~~
CENTRAL D I STR I CT HEALTH - Ste- ~~ C.~rn.w~5
NAMPA MERIDIAN IRRIGATION -'~Q. ~R~
SETTLERS IRRIGATION -
IDAHO POWER - rj~t,Q, ~~C~ C.Qw-.w.~a.~n.-~
US WEST -
INTERMOUNTAIN GAS -
BUREAU OF RECLAMAT I DN - ~kR 1~c~,~2c~ CArxv+~.~.v~~$
MERIDIAN C I TY ATTORNEY ~~~ ~'Nn[~-w~~S c~ F~ac~ ~ Conc~u Soc~..g a~- l.c~,J a
MERIDIAN PLANNING DIRECTOR - Sa® ~c ~aStiar~ www~.,n"tC
DTHER COMMENTS:
•
~~CEI~1E~
" ~" ~" `~ ~ JUN1~199~
c~1TY ®F R~FRiD1AAl
JAMES E. BRUCE, Re~dent
GLENN J. RHODES, Vice Resident
CHARLES L. WINDER, Secretary
June 23, 1993
TO: Merit Homes, Inc
3425 Stonecreek Way
Boise ID 83703
FROM: r Sa , rvisor
e o e ices
SUBJECT: KENTFIELD MANOR - PRELIMINARY PLAT
On June 23, 1993, the Commissioners of the Ada County Highway
District (hereafter called "District"j approved the Preliminary
Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for
acceptance, the Developer shall cause the following applicable
standard conditions to be satisfied prior to District certification
and endorsement:
1. Drainage plans shall be submitted and subject to review and
approval by the District.
2. If public street improvements are required: Prior to any
construction within the existing or proposed public right-of-
way, the following shall be submitted and subject to review
and approval by the District:
a. Three complete sets of detailed street construction
drawings prepared by an Idaho Registered Professional
Engineer, together with payment of plan review fee.
b. Execute an Inspection Agreement between the Developer and
the District together with initial payment deposit for
inspection and/or testing services.
c. Complete all street improvements to the satisfaction of
the District, or execute Surety Agreement between the
Developer and the District to guarantee the completion of
construction of all street improvements.
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
June 23, 1993
Page 2
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3. Furnish copy of Final Plat showing street names as approved by
the Local Government Agency having such authority together
with payment of fee charged for the manufacturing and
installation of all street signs, as required.
4. If Public Rights-of-Way Trust Fund deposit is required, make
deposit to the District in the form of cash or cashier's check
for the amount specified by the District.
5. Furnish easements, agreements, and all other datum or
documents as required by the District.
6. Furnish Final Plat drawings for District acceptance,
certifications, and endorsement. The final plat must contain
the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of
one year will be considered by the Commission if requested
within 15-days prior to the expiration date.
Please contact me at 345-7680, should you have any questions.
LS
cc: Development Services
Chron
Hubble Engineering
Meridian City Hall
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INTER-DEPARTMENT
CORRESPONDENCE
JAMES E. BRUCE, President
GLENN J. RHODES, Vice President KENTFELD/DSTECH
CHARLES L. WINDER, Secretary 6-23-H3
TO: ACHD Commission
DATE: June 21, 1993
FROM: Development Services
SUBJECT : PRELIMINARY PLAT - KENTFIELD MANOR
(Developer -Merit Homes, Inc., 3425 Stonecreek Wy., Boise, ID
83703)
(Engineer -Hubble Engineering, Inc. , 9550 Bethel Ct. , Boise,
ID 83709)
FACTS & FINDINGS:
1. Kentfield Manor is a 57-lot single family residential subdivision on 18.1
acres of property located on the east side of Ten Mile Road approximate-
ly 2, 000-feet north of Cherry Lane. There will be 4,137-feet of new
public streets added to the system.
2. Ten Mile Road currently has 50-feet of right-of-way and is improved
with 24-feet of pavement.
The 2000 Urban Functional Street Classificmtion Map designates Ten Mile
as a minor arterial roadway, which generally requires a minimum of
66-feet of right-of-way (the District requires 90-fit of right-of-way on
arterials in an urban impact area), width sufficient for 4 traffic lanes
(52-foot street section) and 5-foot sidewalks, and bicycle pathways.
The ultimate right-of-way should be acquired now to minimize acquisi-
tion and construction costs in the future.
In the interim, the developer will be required to construct 5-foot side-
walk.
3. The ACHD Capital Improvement Plan shows Ten Mile as currently operat-
ing at Level of Service (LOS) A/B and is projected to operate at LOS
A / B in 2010. It is not approved for use of Road Impact Fee funds to
increase its capacity; therefore, Road Impact Fee offsets may not be
given for construction of the roadway improvements along Ten Mile by
the developer, but may be given for right-of-way dedication in addition
to what exists now. A person seeking offsets must submit an applica-
tion to the impact fee administrator prior to breaking ground, in accor-
dance with Section 15 of ACRD Ordinance #188.
ads county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
PRELIMINARY PLAT ~ENTFIELD MANOR •
June 21, 1993
Page 2
4. Chateau Drive currently has no right-of-way and is unimproved.
The 2000 Urban Functional Street Classification Map designates Chateau
as a collector roadway, which generally requires a minimum of 60-feet
of right-of-way, width sufficient for 3 traffic lanes (41-foot street
section) and 5-foot sidewalks, and bicycle pathways. The developer
will be required to construct a roadway section consisting of a one-half
plus 12-foot traffic lane with 5-foot sidewalk.
This project will provide a one-quarter mile long section of Chateau
Drive from Ten Mile Road to the east boundary of the parcel. This will
leave about 500-feet of a gap to the east where the street meanders
across towards Linder Road. The preliminary plat shows that 40-feet
of right-of-way will be set aside for this street. This will allow con-
struction of one-half plus 12-feet of a collector street standard and the
remainder of the right-of-way and improvements can be acquired when
the adjacent parcel to the south is developed.
5. The ACHD Capital Improvement Plan shows Chateau as not approved for
use of Road Impact Fee funds to increase its capacity; therefore, Road
Impact Fee offsets may not be given for construction of the roadway
improvements along Chateau by the developer, but may be given for
right-of-way dedication. A person seeking offsets must submit an
application to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance #188.
6. A stub street to the north boundary has been provided for an inter-
neighborhood connection .
7. The public hearing for this application was held by the Meridian Plan-
ning & Zoning Commission on June 8, 1993.
SITE SPECIFIC REQUIREMENTS:
1. Dedicate 45-feet of right-of-way from the centerline of Ten Mile abut-
ting parcel (20 additional feet) . The owner will be compensated for
this additional right-of-way from available impact fee revenues in this
benefit zone .
2. Construct 5-foot wide concrete sidewalk along Ten Mile abutting parcel
adjacent to the new right-of-way line.
3. Direct lot or parcel access to Ten Mile is prohibited, in compliance with
District policy. Lot access restrictions shall be stated on the final plat.
4. Dedicate 40-feet of right-of-way for Chateau abutting parcel (40 addi-
tional feet) . The owner will be compensated for this additional right-
of-way from available impact fee revenues in this benefit zone.
PRELIMINARY PLAT ~ENTFIELD MANOR •
June 21, 1993
Page 3
5. Construct one-half (including 5-foot sidewalk) plus 12-feet of a collec-
tor street standard (41-foot street section) for Chateau Drive abutting
parcel .
6. Direct lot or parcel access to Chateau is prohibited, in compliance with
District policy. Lot access restrictions shall be stated on the final plat.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies .
2. 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 ACHD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215.
4. Provide written approval from the appropriate irrigation/drainage dis-
trict authorizing storm runoff into their system .
5. Locate obstructions (utility facilities, irrigation and drainage appur-
tenances , etc .) outside of the proposed street improvements . Authoriza-
tion for relocations shall be obtained from the appropriate entity.
6. Continue existing irrigation and drainage systems across parcel.
7 . Submit three -sets of street construction plans to the District for review
and appropriate action.
8. Submit site drainage plans and calculations for review and appropriate
action by ACHD. The proposed drainage system shall conform to the
requirements of Meridian City and shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of-
way or in a drainage easement set aside specifically for that use.
There shall be no trees, fences, bushes, sheds, or other valuable amen-
ities placed in said easement . Drainage easements and their use restric-
tions shall be noted on the plat.
9. Provide design data for proposed access to public streets for review
and appropriate action by ACHD.
10. Locate driveway curb cuts a minimum of 5-feet from the side lot proper-
ty lines when the driveways are not being shared with the adjacent
property .
PRELIMINARY PLAT ~ENTFIELD MANOR
June 21, 1993
Page 4
11. Developer shall provide the District with a copy of the recorded plat
prior to the installation of street name signs .
12. Install a stop sign on every unsignalized approach of a project street to
an intersection involving a collector or arterial as the cross-street.
The stop sign shall be installed when the project street is first accessi-
ble to the motoring public.
13. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Construc-
tion Services at 345-7667 (with zoning file number) for details.
14. 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:
JUN 16 19~
Larry Sale
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~~ENT of r
oQP~--~''`~.2~ United States Department of the Interior
m
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' ' ~ BUREAU OF RECLAMATION
tiq -•~~ , t..''a9 CENTRAL SNAKE PROJECTS OFFICE
RCM 3 ~e 214 BROADWAY AVENUE
BOISE, IDAHO 83702-7298
IN REPLY
REFER T0:
424 June 3, 1993
Mr. Wayne Forrey
Meridian Planning & Zoning Commission
City of Meridian
33 East Idaho Ave.
Meridian ID 83642
P
Subject: Review of Kentfield Manor Subdivision Preliminary Plat (Zoning
Review)
Dear Mr. Forrey:
The United States' Nine Mile Drain abuts this development's eastern boundary.
This plat fails to indicate the federal right of way. We will consider all
encroachments on this right of way in trespass.
To assist this development making an orderly addition to our community, we
request conditions of this proposal's approval be this Federal right of way being
clearly labeled on the plat, "Exclusive United States' Nine Mile Drain Right of
Way", noting dimensions which will be provided upon request by Reclamation or the
Nampa Meridian Irrigation District.
Please contact John Caywood of my staff (ph. 334-1463) if we can be of any
assistance.
Si ncerel ,,.~
J,~rrol D. Gre
Project Super' endent
cc: Nampa Meridian Irrigation District
A . -}.
oFFlclat.s
WAYNE 5. FORREY, AICP, City Clerk
JANICE GASS. Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON. JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON. Police Chief
GARY SMITH, P.E, City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
JUN 0 31993
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINOTON
ROBERT D. CORRIE
Chairman Zonlnp ~ Planning
JIM JOHNSON
Centennial Coordinator
PATSY FEDRIaI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY DF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meri ian Planning and Zoning Comm}'ssion, may we have your answer by:
IF'r l~a.i ~ l ~c i In o U . 144 ?~ SI :nC~ !3- w~ -
~~..;.
TRANSMITTAL DATE: ~u1~i~ ' 1 `~ ~ HEARING. DATE: ~~he S, ~Q~~
.. ,
REQUEST:
BY:
LOCATION OF PROPERTY: OR PRO.TECT~:;
We require a permanent 10-foot wide public utilities
easement along all lots adjacent to a road right-of-wa.y
dedicated to public or private use.
Tim Adams
Idaho Power 5
322-2047 ~~ ~~ a
b•3
OFFICIALS
WAYNE S. FORREY, AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Fire Chlef
BILL GORDON, Police Chisf
GARY SMITH, P.E., City Engineer
June 6, 1993
•
HUBOFTREASUREVALLEY
A Good Place to Live
CITY OF MERIDIAN COUNCILMEN
R
A
OBERTGIESLER
33 EAST IDAHO MAxYERRINGTON
ROBERT D. CORRIE
MERIDIAN, IDAHO 83642 Chairman Zoning & Planning
Phone (208) 888-4433 JIM JOHNSON
Y•AX (208) 887-4813 CentennialCoortlinator
GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
T0: MAYOR - COUNCIL - PLANNING & ZONING
•
FROM: GARY SMITH, P.E.
RE: KENTFIELD MANOR
(Preliminary Plat -Annex. - Zoning)
,~
I have reviewed thi~=rr~`ub ttal~" hie°~~~e following comments:
1 . The propert~;~' pe`~rs to be cont i gt~ous;~ o the existing city
1 imit bou ~ f Cherry Lane Vi l lag:~:~,p.~`•;;'n~he submitted legal
~,
descripti `~s °'°k'~ri~'~i~$, containing one
antiquat~cal l ~xt 36 Rode and needs t~o=;; be re-written for
annexat i~C r~i pure ses . ~ ~; ~ °}r`
-~ ,~_.
~,
2. The lot. ~ )~ ran ."ee~~ra~~s" arc ~1~~~,~~~desac lots. The
Ordinan status culd~~ac~ ~-can have '.~ 40 foot street
frontag These- lit ~ d~' fl h'we w~0 feet ~~f street frontage
by Ordiri' nce.
3. Widths o~~<,~~tre s need to be s~iown. y
~;:.
4. Water 1 ineM'~' 'sated 12 feet nor~ir~~,~'yeast of centerline.
~w k``45 £ ~ Y' ~Y
5 . The existing "~;~a 4 ' +n ~ th~ "s~a~i~~.~tary sewer 1 i ne i s not
acceptable. ~ ~*;
.~,.x..~~..MVM., ww~r
6. This is an engineering drawing and as such it requires a seal
w/signature.
7. A stub street needs to be provided to the north.
8. West Oakmont, exiting Cherry Lane Village needs to be shown on
Ten Mile Road.
9. There are two ditches shown but no comment as to their
disposition.
10. No benchmark for contour lines (2) is shown. What does the
mass of contour lines along the east boundary denote?
• •
11. As shown, Chateau Drive will be a 6o foot wide, 1/4 mile long
straight runway. Is there an alternative to this alignment?
12 . The sewer 1 i ne on Kendrick St . needs to be extended to provide
a reasonable service line length to Lots 15 & 16.
13. Who maintains the storm drainage system outside the public
right of way? I want a letter from the responsible agency,
whomever it may be.
14. Developer to provide pressurized irrigation system?
15. Processing of this subdivision is subject to our analysis of
our existing water systems ability to provide domestic water
and fire flow service.
i
'7"~M,a. ~;V ~t.~it~vn ~ N-. Ate/ ~~A.~' /~~lvt.C- l~.¢. ~7J YH.!!-
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS COUNCILMEN
WAYNES.FORREY,AICP,CItyClerk CITY OF MERIDIAN A
JANICE LASS, Treasurer ROBERTGIESLER
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO MAX YERRINGTON
WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE
JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON
GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator
GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
MEMORANDUM
TO: Mayor, Council, Pla Commission
FROM: Wayne S. Forrey,
DATE: June 3, 1993
RE: Kentfield Manor Subdivision - Annex. and R-4 zoning with a
Preliminary Plat
This 57 1 of subd i v i s i o.p~~°°;w„~~~°~r~~t~~,,,the USPA boundary. Th i s
~~
project does not com,pr~~'N th~th. o~l '~u.~~g goals and policies of
the current Compreh,e: ve a>~.~ ~ $w:~-.
Goal / Policy ~,;°hk~`y ~~, Noted Lack o~ ~ Lrdl,,®aliance
~',`~La o~~ ade ~aat a recreation
Goa 1 6 ~~ ~~ tl
f ~ ~~fa ~ 1i~;~ies~ for neighborhood. Land
~%set` aside x' for fut`~re park use may
~.,, : -~
g "° . be pies iw^ab:l,~. ,~. ,
Goal 7 k Proay~~iIig full p~ilic services to
.~ r,~
~.x~ E~. ~acc;mmdatle the ~~^ojected needs of
~~~~ th subdi„~ision k`r`may be difficult.
,,~~~.~Te `~~~ i 5 i >€t$ the process o f
~ $.. 'f
~~~;, evaluating fut~~e public service
~.x,: ~:~
...try°zxu ~;~x levels in Misr<~N',~rea to accommodate
~, .~
'~,'~x•,,. • projected rays. Land set aside
for <~utur,?x,,~°" public service use
~'` thin txh':~~ subdivision could help
` ~~x:~ixn.c~;a~ future public service
~capabi 1 it y.
Hased on these conflicts with the Comprehensive Plan, this
annexation request could be denied or tabled to allow the
applicant sufficient time to reconsider development features and
work with City and School officials to update the Comprehensive
Plan and achieve community goals.
nning a>µd~z
A I CP~~ i t
4
~~
a
~~ -
. ~ SUPERINTENDENT OF SCHOOLS
Bob L. Haley
DEPUTY SUPERINTENDENT
Dan Mabe, Finance r;<Administration
DIRECTORS
Jim Carberry,Secondary
Christine Donnell, Personnel
Darlene Fulwood, Elementary
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)888-6701
June 3, 1993
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Kentfield Subdivision
Dear Councilmen:
I have reviewed the application for Kentfield Subdivision.
This planned development will accelerate the need for Joint
School District No. 2 to construct additional classrooms and/or
to adjust school attendance boundaries. Meridian Schools do not
have excess capacity. Nearly every school in the district is
beyond capacity.
The Meridian School District supports economic growth for Idaho
and specifically the district's area, but such growth produces a
need for additional school construction. We ask your support for
a development fee statute on new home construction or a real
estate transfer fee to help offset the costs of building
additional school facilities. If this support is lacking then we
ask that additional residential development be denied.
Residents of the new subdivision cannot be assured of attending
the neighborhood school as it may be necessary to bus students to
available classrooms across the district.
We ask that you assure the developer will provide walkways, bike
paths and safe pedestrian access.
Sincerely,
~~P
Dan Mabe,
Deputy Superintendent
DM:gr
REVIEW SHEET
CENTRAL
•~ DISTRICT
HEALTH
DEPARTMENT
•
~~~~~~~
JUN 0 9 199
Rezone # ~ C1TY ~F ~(E~1~1~1V
Conditional Use # _ .
reliminarv FinaVShort Plat_~~i~/~iG~ ~irN~2 ~S~6D~~~J~~~
Retum to:
^ BOISe
^ Eagle
^ Garden City
Meridian
Kuna
^ ACZ
^ 1. We have no objections to this proposal.
^ 2. We recommend denial of this proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this
proposal.
^ 4. We will require more data concerning soil conditions on this proposal before we can comment.
^ 5. Before we can comment concerning individual sewge disposal, we will require more data
concerning the depth of
^ high seasonal ground water
^ solid lava from original grade
^ 6. W~ n approve this proposal for individual sewage disposal to be located above solid lava layers:
2 feet
^ 4 feet
`~, 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
~' Central sewage ^ Community sewage system ^ Community water well
^ Interim sewage ®. Central water
^ Individual sewage ^ individual water
8. The following plan(s) must be submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Quality:
(~ Central sewage ^ Community sewage system^ Community water
^ Sewage dry lines ® Central water
~- 9. Street runoff is not to create a mosquito breeding probeim.
^ 10. This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho
State Sewage Regulations.
^ 12. We will require plans be submitted for a plan reiew for any:
^ Food establishment ^ Swimming pools or spas
^ Beverage establishment ^ Grocery store
^ 13.
^ Child Care Center
DATE: ~ l
Reviewed by: .~r
coHO~as~r~
•
~.i~~~AhiIZED 19pJ
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
'9 June 1993 Phones: Area Code 208
j OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
'Meridian Planning & Zoning Commission Boise 345-2431
!33 East Idaho
Meridian, Idaho .83642
Re: Annexation and Zoning with Preliminary Plat
Personality Homes
Commissioners:
'Nampa & Meridian Irrigation District's Davis Stub Drain courses
along the east boundary of this project. The right-of-way of the
Davis Stub Drain is 60 feet: 30 feet from the center each way.
Nampa & Meridian Irrigation District's Rutledge Lateral courses
along the west and south boundaries of the project. The right-of-
way of the Rutledge Lateral is 40 feet: 15 feet to the right and
25 feet to the left of center facing downstream.
See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE
POSSESSION. The developer must contact John Anderson or Bill
Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-
2431, for approval before any encroachment or change of right-of-
way occurs.
All laterals and waste ways must be protected. Municipal surface
drainage must be retained on site. If any surface drainage leaves
the site, Nampa & Meridian Irrigation District must review drainage
plans. The developer must comply with Idaho Code 31-3805. It is
recommended that irrigation water be made available to all
developments within Nampa & Meridian Irrigation District.
~ !:%~~~
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APPROXIMATE IRRIGABLE ACRES
`~- RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
PERSONALITY HOMES, INC.
ANNEXATION AND ZONING
SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA
COUNTY, IDAHO
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on June 8, 1993, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and the Planning and Zoning
Commission having heard and taken oral and written testimony and
the Applicant appearing in person, and having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning
was published for two (2~ consecutive weeks prior to the said
public hearing scheduled for June 8, 1993, the first publication
of which was fifteen (15 ) days prior to said hearing; that the
matter was duly considered at the June 8, 1993, hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were available to
newspaper, radio and television: stations;
2. That the property included in the application for
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1
•
approximately 18.07 acres in size; it is in Section 2, Township 3
North, Range 1 West, Boise-Meridian, Ada County, Idaho, and abuts
Ten Mile Road.
3. That the property is presently zoned by the county as RT
(Rural Transition) and the proposed use would be for R-4
Residential type development.
4. The general area surrounding the property is used
agriculturally and residentially; that the residential property is
zoned R-4, Residential.
5. That the property is adjacent and abutting to the
present City limits.
6. The Applicant is not the owner of record of the property
but the owner of record has requested the annexation and consented
to the Application.
7. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8. That the entire parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9. That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the present use of the property is
for agriculture; that the applicant indicated that the intended
development of the property is for an R-4 type subdivision and in
the Application for plat approval stated the density would be
approximately 3.15 dwelling units per acre.
10. That the property is in the CHERRY LANE NEIGHBORHOOD as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2
set forth in Policy Diagram in the Meridian Comprehensive Plan;
that under Housing Development on page 25 and 26 of the
Comprehensive Plan property inside the Urban Service Planning Area
may be developed at greater densities than one dwelling unit per
acre.
11. That in the Rural Area section of the Comprehensive Plan
it does state that land in agricultural activity should so remain
in agricultural activity until it is no longer economical to
exclude orderly growth and development to maintain agricultural
pursuits.
12. That Meridian has, and is, experiencing a population
increase; that there are pressures on land previously used for
agricultural uses to be developed into residential subdivision
lots.
13. That the property can be serviced with City water and
sewer.
14. That the City Engineer, Meridian School District, Idaho
Power and the Meridian Planning Director submitted comments and
such are incorporated herein as if set forth in full.
15. The Meridian School District submitted comment and such
is .incorporated herein as if set forth in full; its comment was
that there is no excess capacity in the schools of the District
and that residents of the new subdivision could not be assured of
attending the neighborhood schools; the School District asked for
support for a development fee or a transfer fee to help offset the
costs of building additional schools.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3
• •
16. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, stated as follows:
"Each such ordinance may provide for mitigation of the
effects of subdivision development on the ability of
political subdivisions of the state, including school
districts, to deliver services without compromising quality
of service delivery to current residents or imposing
substantial additional costs upon current residents to
accommodate the proposed subdivision.";
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to
those moving into the City; the City is also concerned that the
increase in population is burdening the schools of the Meridian
School District which provide school service to current and future
residents of the City; that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
17. That pursuant to the instruction, guidance, and
direction of the Idaho State Legislature, the City may impose
either a development fee or a transfer fee on residential
property, which if possible would be retroactive and apply to all
residential lots in the City, because of the imperilment to the
health, welfare, and safety of the citizens of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4
• •
Meridian.
18. That the R-4, Residential District is described in the
Zoning Ordinance, 11-2-408 B. 1 as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The
purpose of the (R-4) District is to permit the
establishment of low density single-family
dwellings, and to delineate those areas where
predominantly residential development has, or is
likely to occur in accord with the Comprehensive
Plan or the City, and to protect the integrity of
residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4)
District allows for a maximum of four (4)
dwellings units per acre and requires connection
to the Municipal Water and Sewer systems of the
City of Meridian.
19. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
20. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street
right of way or utility easement;"
21. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
22. That Section 11-9-605 R states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5
• •
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1. To preserve openness;
2. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due to
the internal; linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities.
23. That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area.
The Commission and Council shall consider the Bicycle-
Pedestrian Desictn Manual for Ada County (as prepared by Ada
County Highway District) when reviewing bicycle and
pedestrian pathway provisions within developments.
24. That the Applicant submitted an application for
preliminary plat along with the application for annexation and
zoning which application included a preliminary plat.
25. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given
and followed.
CONCLUSIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6
• •
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the
Revised and Compiled .Ordinances of the City of Meridian; that
exercise of the City's annexation authority is a Legislative
function.
3. That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho
Code, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, the Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City
of Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7
•
the Applicant, with the consent of the owner and the annexation is
not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land.
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616 which pertains to development time
schedules and requirements and 11-9-605 M, Piping of Ditches; that
the Applicant will be required to connect to Meridian water and
sewer; that the development of the property shall be subject to
and controlled by the Subdivision and Development Ordinance; that,
as a condition of annexation the Applicant shall be required to
enter into a development agreement as authorized by 11-2-416 L and
11-2-417 D; that the development agreement shall address the
inclusion into the subdivision of the requirements of 11-9-605 C,
G. , H 2, K, L and the comments of the Planning Director, Wayne
Forrey, relating to the lack of adequate recreation facilities and
that land set aside for a future park would be desirable, that the
City is in need of land set-asides for future public service use,
that a school site was not reserved and the subdivision, when
developed would contribute children to the School District; that
the development agreement shall, as a condition of annexation,
require that the Applicant, or if required, any assigns, heirs,
executors or personal representatives, pay, when required, any
development fee or transfer fee adopted by the City; that there
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8
•
shall be no annexation until the requirements of this paragraph
are met or, if necessary, the property shall be subject to de-
annexation and loss of City services, if the requirements of this
paragraph are not met.
10. That proper and adequate access to the property is
available and will have to be maintained.
11. That since the Applicant's property is in the CHERRY
LANE NEIGHBORHOOD of the Comprehensive Plan, the annexation and
zoning Application is in conformance with the Comprehensive Plan
and does not conflict with the Rural Areas policies.
12. It is concluded that the development, with a density of
3.15 dwellings units per acre, is an R-4 type development and
should be zoned in that fashion.
13. Therefore, based on the Application, the Findings of
Fact and Conclusions, and the Ordinances of the City of Meridian,
it is ultimately concluded that Applicant's property should be
annexed and zoned R-4; that the development of the property shall
be at a density of not more than 3.15 dwelling units per acre;
that any representations of Applicant's representative shall be a
restriction on the development and all representations shall be
met; that the conditions should be those stated above and upon
issuance of final platting and other conditions to be explored at
the City Council level; that such annexation would be orderly
development and reasonable if the conditions are met; that the
property shall be subject to de-annexation if the R-4 density is
exceeded and no dwellings other than single family dwellings shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9
• •
be allowed and this re§triction~shall be noted on the plat of the
subdivision.
14. That all ditches, canals, and waterways shall be tiled
as a condition of annexation and if not so tiled the property
shall be subject to de-annexation.
15. That any requirements from the Nampa Meridian and
Settlers Irrigation Districts shall be met as well as any
requirements of the Bureau Reclamation and the City Engineer.
16. With compliance of the conditions contained herein, the
annexation and zoning or R-4, Residential, would be in the best
interest of the City of Meridian.
17. That if the conditions of approval are not met the
property shall be subject to de-annexation.
18. That these Conclusions have been prepared prior to
hearing and the Commission reserves the right to amend these
Conclusions after the hearing is conducted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Preliminary Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER VOTED~A Lam.
COMMISSIONER ALIDJANI VOTED .lam
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above in the Conclusions for the
property described in the application with the conditions set
forth in the Preliminary Findings of Fact and Conclusions of Law
and that the Applicant be specifically required to the all
ditches, canals and waterways as a condition of annexation and
that the Applicant meet all of the Ordinances of the City of
Meridian, specifically including the development time requirements
and the conditions of these Preliminary Finds and Conclusions and
that if the conditions are not met that the property be de-
annexed.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11
DATE:~d.o,.~,~ qS. ~~'~ MERIDIAN PLANNING ~ ZONING COMMISSION
AGENDA I TEM NUMBER ~ ~Q APPLICANT : ~'_rso hc~~ ~-~.( tt ~~nr, ~ 5
AGENCY
MERIDIAN POLICE
- "too ?celc3,sL.~
COMMENTS:
MERIDIAN FIRE DEPT. -
MERIDIAN CITY ENGINEER -~Q„Q,~~ ~~'~-`~C~LN~CQ
MERIDIAN ATTORNEY -
MERIDIAN POST OFFICE -
MERIDIAN SCHOOL DISTRICT -~- ~C ~C~2S~
MERIDIAN BUILDING DEPT. -
ADA COUNTY HIGHWAY DISTRICT -
ADA STREET NAME COMMITTEE -
CENTRAL DISTRICT HEALTH -
NAMPA MERIDIAN IRRIGATION -
SETTLERS IRRIGATION -
IDAHO POWER - ~, ~}}(~J~QL) ~Y ~~5~~~Q„
US WEST -
INTERMOUNTAIN GAS -
BUREAU OF RECLAMATION - ~ ~t~-C3.C~N2_Q C~Q~~(QS(x~~Q;U1CJ~
MERIDIAN CITY ATTORNEY -
MERIDIAN PLANNING DIRECTOR -
OTHER COMMENTS:
OFFICIALS
WAYNE S. FORREY, AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, P.E., City Engineer
• HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIM JOHNSON
Centennial Coordinator
PATSY FEDRIZZI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meri ion Planning and Zoning Comm scion, may we have your answer by:
~~
TRANSMITTAL DATE:~~,yJ~ ' J~ Iq~t HEARING. DATE: L1(.~..YIQ IQQ.,~
REQUEST: ~l~~i?Y~1-I/li'1 /1!/)~""71Ii/I//'1rI ~ ~~/ //~/~ ~/Qlirw, ./tn~ri~ J7~n~
BY:
1
LOCATION OF PROPERTY; OR PROJECT`: O~' T.~ ill
JIM JOHNSON, P1Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
BOB GIESLER, C/C
MAX YERRINGTON, C/C
BRUCE STUART, WATER DEPT.
JOHN SHAWCROFT, SEWER DEPT.
BUILDING INSPECTOR
FIRE DEPARTMENT
POLICE DEPARTMENT
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PREL.& FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRR. DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PREL. 8 FINAL PLAT)
U. S. WEST (PREL. 8 FINAL PLAT)
INTERMOUNTAIN GAS (PREL. & FINAL PLAT)
BUREAU OF RECLAMATION (PREL. b FINAL PLAT)
WAYNE FORREY, AICP, PLANNER
CITY ATTORNEY
CITY FILES
OTHER:
GARY SMITH, P.E. ENGINEER
CENTRAL • •
• • DISTRICT
s HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704 • (20$) 375-5211 • FAX: 327-8500
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment.
94-352
July 20, 1994
~~~~~~~
JUL26 1994
DAVID NAVARRO Cl~ ~,~: ~~f~il~l~iV
ADA COUNTY RECORDER
650 MAIN STREET
BOISE ID 83702
RE: RENTFIELD MANOR SUBDIVISION
Dear Mr. Navarro:
Central District Health Department, Environmental Health
Division has reviewed and do approve the final plat on this
subdivision for private well and central sewer facilities.
Final approval was given on July 19, 1994.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sincerely,
Thomas E. Schmalz, E.H.S.
Senior Environmental Health Specialist
cc: Tom Turco, Director
HUD
City of Meridian
Hubble Engineering, Inc.
B & H Development Co., Inc.
Serving Valley, Elmore, Boise, and Ada. Counties
Ada / Boise Courtly Otflce WIC Bois - Medan
707 N. Armstrong FN. 1606 Roberts
Boise, ID. 83704 Boise, ID.
Enviro. Health: 321-7499 ~ 83705 Ph. 334-3355
Family Planning: 327-7400 324 Meridian, ID.
Immun¢ations: 327.7450 83642 Ph. 888525
Nutrition: 327-7460
WIC: 327-7488
Elmore County Office
of EnvironmeMat Health
190 5.4th Street E.
Mountain Home, ID.
83647 Ph.581-9225
Vagey County Ofice
P.0. Box 1448
McCall, ID. 83638
Ph. 634-7194
Elmore County Office
520 E. 81h Street N.
Mountain Home, ID.
83647 Ph. 567.4401
CENTRAL REVIEW SHEET
•• DISTRICT Environmental Health Division Return to:
'i~l'HEALTH ~~~~~'~~ ^ Boise
DEPARTMENT J U L 2 6 1994 ^ Eagle
Rezone # ~~S ~ ~ ' ~ ~1~~ ~~ ~,~jgjjj~,H~ ^ Garden city
~-Meridian
Conditional Use # ^ Kuna
Preliminary /Final /Short Plat ^ ACZ
^ I. We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal groundwater
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store f ~~/'
13. /~D ®!3/L~7~seJ,.$' Date: ? l ~J l-Z_
Reviewed By:
[DHD 10/91 rcb, rev. I I/93 j0
• •
'l~a~sr~ia ~ 71~ihtdtaot ~ntgauooc Dta~ztct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
3 February 19 9 4 Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Rick Cummings Boise 345-2431
Hubble Engineering, Inc.
9550 Bethel Court
Boise, Idaho 83709
Re: Kentfield Manor Subdivision
Dear Rick:
The Nampa & Meridian Irrigation District has completed its review
of the above mentioned project and, if this project is constructed
according to the submitted plans, it will meet all requirements
of the District with the exception of one. Any discharge back into
a drain ditch which is operated by the Nampa & Meridian Irrigation
District requires a discharge agreement. Please contact Andy
Harrington at 342-4591. He is the attorney for the Nampa &
Meridian Irrigation District. Instruct him to prepare a license
agreement for discharge into the Ninemile Drain.
If you have any questions regarding this matter please feel free to
contact me.
Sincerely,
John P. Anderson
District Water Superintendent
pc: Each Director
Secretary of the Board
Andy Harrington
John Sharp
y of Meridian
~1 Henson
Ada County
File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS • 40,000
Proposed Development Name RENTFIELD MANOR City MERIDIAN
Date Reviewed 09/23/93 Preliminary Stage Final xxxxx
Engineer/Developer Hubble EnQr. / Merit Homes
The following SUBDIVISION NAME is approved by the Ada County Engineer or his
designee per the requirements of the IDAHO STATE CODE.
%. Date
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Meridian City Street Name Ordinance.
The following existing street names shall appear on the vlat as:
"N. TEN MILE ROAD" "W. USTICR ROAD"
"W. CHATEAU DRIVE" "N. VICTOR AVENUE"
"N. SWAINSON AVENUE" "N. MORELLO AVENUE"
The followin¢ new street name is approved and shall appear on the plat as•
"W. KENDRICK STREET"
"N. WARWICK AVENUE"
"N. HYDE AVENUE"
Please choose street names for the 2 new east/west streets 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 COMlII'PPEE
Ada County Engineer
Ada Planning Assoc.
Meridian Fire Dept.
~ DESIGNEES
John Priester Date /Z
Terri Raynor Date
Representative Date
NOTE: A copy of this evaluation sheet mast be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not be
signed !!!! Sub Index Street Index
NUMBERING OF TATS AND BLOCKS
~~R cnCE~`~'L
Q
~~
JOINT SCIi00L DISTRICT N0.2
911 MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701
September 14, 1993
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Kentfield Manor Subdivision
Dear Commissioners:
I have reviewed the application for Kentfield Manor
Subdivision. This planned development will accelerate the need
for Joint School District No. 2 to construct additional
classrooms and/or to adjust school attendance boundaries.
Meridian Schools do not have excess capacity. Nearly every
school in the district is beyond capacity.
The Meridian School District supports economic growth for Idaho
and specifically the district's area, but such growth produces a
need for additional school construction. We ask your support for
a development fee statute on new home construction or a real
estate transfer fee to help offset the costs of building
additional school facilities. If this support is lacking then we
ask that additional residential development be denied.
Residents of the new subdivision cannot be assured of attending
the neighborhood school as it may be necessary to bus students to
available classrooms across the district.
We ask that you assure the developer will provide walkways, bike
paths and safe pedestrian access.
Sincerely,
ban Ma~
Deputy Superintendent
SUPERINTENDENTOFSCHOOLS
Bob L. Haley
DEPUTY SUPERINTENDENT
Dan Mabe, Finance & Administration
DIRECTORS
Sheryl Belknap, Elementary
Jim Carberry, Secondary
Christine Donnell, Personnel
Doug Rutan, Special Services
DM:gr