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Piedmont Subdivision PP FP
i i RECEIt~EI~ JUN 2 9 1993 CITY ®F ~EI~~DIAN June 23, 1993 TO: Gary C. Asin & Duane R. Stueckle 355 N Orchard Street X201 Boise ID 83706 FROM: Larry Sale a so Developme t SUBJECT: PIEDMONT SUBDIVISION - PRELIMINARY PLAT On June 23, 1993, the Commissioners of the Ada County Highway District (hereafter called "District°) 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 JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary • June 23, 1993 Page 2 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 Roylance & Associates, P.A. Meridian City Hall n ~~ JAMES E. BRUCE, President GLENN J. RHODES, Vice Resident CHARLES L. WINDER, Secretary TO: ACRD Commission FROM: Development Services INTER-DEPARTMENT CORRESPONDENCE PIEDMONT /DST ECH 6-23-93 DATE: June 21, 1993 SUBJECT: PRELIMINARY PLAT -PIEDMONT SUBDIVISION (Developer -Gary C . Asin & Duane R . Stueckle, 355 N. Orchard St. #201, Boise, ID 83706) (Engineer - Roylance & Associates, P . A . , 4619 Emerald St . , Suite D-2, Boise, ID 83706) FACTS & FINDINGS: 1. Piedmont is a 16-lot single family residential subdivision on 4.4 acres of property located on the north side of Pine Avenue approximately 400-feet east of Linder Road . There will be 1, 011-feet of new public streets added to the system. 2. Pine Avenue currently has 60-feet of right-of-way and is fully improved with a 45-foot street section and 5-foot sidewalks . The 2000 Urban Functional Street Classification Map designates Pine 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. 3. The ACRD Capital Improvement Plan shows Pine as currently operating 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 in- crease its capacity. 4. State Street (abutting parcel) is a local street that has 60-feet of right-of-way and is fully improved with a 37-foot street section. 5. The public hearing for this application was held by the Meridian Plan- ning & Zoning Commission on June 8, 1993. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT ~IEDMONT SUBDIVISION • June 21, 1993 Page 2 SITE SPECIFIC REQUIREMENTS: 1. Direct lot or parcel access to Pine 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 . • 1 • PRELIMINARY PLAT ~IEDMONT SUBDIVISION June 21, 1993 Page 3 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. Aright-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 345-766? (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-?662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: JUN 16 1993 ~~~a .•w, wW w •... ~.. $ ~ ly I 7! ~ i tl • ~ F. ' ~y• N yt' t~~•. ... 1 •w • •ww « I ~ •71~ 71 .l N aka D ~• .a 1 ( r M . .• ~ °O `'t t' '~ ~ a. MAPLE AYE. P • $ ,MAPLE 'IVENUE~ a;, '., I a p NOD N •N ~ , 31 t ~4 I1 t •~ 1 ~ Q~ S ` i` ! '~ ~ 1Z ~ . s rr !: fs I ° , 7 t ~ .......«... '~7~•. . q .ila+ ii}! N.4q .dY +"f N9° N~'$ W ~ rr . i...• ! r •' '"""'7Yj i. r , sa : ~.. .. a 'B' • •0 1 a '• . d~ N •.s«... 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I ~ I ~ ; i ;1 I _'l. ~, .. 1 4'; i 1 x --~- ..~ .~ a3 ~ ~~ ~ ~~~~ ~~~~~ `~... ~ ~~ '~ j S ---- i .~ R .~ +p t f r Pbst-lt' I .:t ~ 4 ~ i ~: ~ ~ e ~ i ~~ ~~~~l~~~ ' ~ ~ 1~~~ ~ ' : ~ ~~ ~ ~ ~ .~ ~ i ~ ~ ~ rt ~ •, ~:~ . ~ ~. ~• .~ ~ ~~ ~ ~~ ~ # ,r~ ~ r5 ,~ tr ~` ~ ~ ~~ ~ •~~ X~i~ ~r ~ , ~~,,. ,~ ~ ~ _~ ~ ~~ ~~~~~ .... ~~ ~ ~~ ~t : i~ '~ ~~ ~ ,3=3~s~ ~I .~~ ~~~ ~ ~ ~ `g~ ~~ r • ..~a i t~ ~ N ~s ~~ r "x ~ ~ ~. <~~~ !s ~ §~ 8 r ..s os~i~~~on 1 1 ~ ~ . .~ ~ - ~ ~ ~ ~ a err-- ~ ~ wiLM - ~.r.~ ~ ~ M ! ~~ wel~loo• Mt~1T1Y1 • 18x tran&mltta! memo 76T1 * a ' ,Z n u. ~19~ i ~ I l/! ~aai • f1 ~ 1 ~ ~ N ~ f /s~ r surf wand 3 ON ~ triYB i! ~~ ~~ 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 changeJsite 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 RE80LVED, that the following amended policies are hereby established by this Board as District policy to take the place of the previous policies. 0 w 0 ~~ 0 U W , o ~n ~ 0 ~~ r U E ~- -~ m r--~ _~ '.~ z _~ a c• °c r~ z a ~~ - '02y0022 NAMPA & MERlDlAN IRRIGATION GI5?ItIU: AEA G~ JPiTY, t D. FOR _... J: DAVID plh~,MRR ~ !RECORDER ' 92 J!!N li P~1 1 `~ ~' s - NAMPA is ME3tIDIAN IRRIGATION AIBTRICT Board of Directors° Policy for Changes of Land IIse or Site 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- t_ ~ _ ~ 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. C. 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- c:1~~ v 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 developer's 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: $650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney. and, BE IT BIIRTHER RESOLVED, 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- i ~~ 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 - Page 2 of 2 DATE: HudUS~ ~~_l~'TJ MERIDIAN CI-nr COIL AGENDA ITEM NUMBER~~_ APPLICANT: l~~Yy ~~{/~ 1" ~iaYll~ 5~~~~~ ~Q REQUEST :. ~ n, . ., AGENCY MERIDIAN POLICE - ~,o-pt~bl~~nn- COMMENTS: MERIDIAN FIRE DEPT. - -Jp ~fL+~b~ew~ MERIDIAN CITY ENGINEER -~ 1A~~ Cnhn,wtn.~j MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL D I STR I CT - ~ I~l~1o ~A~~~ri~R~ MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - ~~~~A~.c~~pVilLlf NAMPA MERIDIAN IRRIGATION -~,~~C10~AD SETTLERS IRRIGATION - IDAHO POWER - ~j,Q~ ~, ~,p~¢,~,-~ US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN C I TY ATTORNEY -~ ~"n~t-na~5 6~ ~-~` ~ COrC~'~ t~'~'S ~ ~ LQ`~ MERIDIAN PLANN I.NG D I RECTOR - ~ 1~('~n o~~~,~in~~~~s . OTHER COMMENTS: I HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNE S.FORREY,AICP,CItyClerk JANICE LASS. Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFT, waste water supt. KENNY BOWERS, Fire Chief MERIDIAN , IDAHO 83642 BILL GORDON. Police Chief Phone (208) 888433 GARY SMITH, P.E.. Clty Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINt3TON ROBERT D. CORRIE Chairman Zoning ~ Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIE5 FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the h~l^~dian Planning and Zoning Commission, may we have your answer by: TRANSMITTAL DATE : ~uYl.St ~q,~_ REQUEST :~'~l~w.~NlX~t ( Ina- T~iJ ~~ ~ BY: HEAR I NG -DATE : ~~~.i[LQ_ ~ , ~QQ LOCATION OF PROPERTY:. OR PROJECT:.33Q ~~ ~, ©~ J"ii'l ; j~/~~>~ ~, Tvr~yS.Qc~il~rr. ll,~. d ~ _? ~, JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFDRD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C HOB 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 MERID.iAN 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. & FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY OFFICIALS WAYNE S. FORREY, AICP, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON. JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, FlreChlef 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 ZaMng 8 Planning JIM JOHNSON Cantanniel Coordinator PATSY FEDRIaI 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 I+~,~ri~dian.Planning and Zoning Commission, may we have your answer by: TRANSMITTAL DATE :_ u~' ''~~a 3 REQUEST :~~~11MtY~Cl~lt 1~1Q~- ~[7~ f BY : ~'~-a~f l1 -~tS'~ Vl 4 I~Ud/'1 P 5 ~t~._~~ HEARING DATE : ~3~- ~ ~q't LOCATION OF PROPERTY DR PROJECT : 33O ~f ~, Q'~ l~ri7e ; ~/hQP/' C~ Tv>~rs.Qc~i~. /U. 4 ~ ~ ~ ~ ~e JIM JOHNSON, P/Z 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 GARY SMITH, P. E. ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE tPREL.& FINAL PLAT) ABA COUNTY HIGHWAY DISTRICT ADA RLANNING ASSOCIATION -- CEIYT~RAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. tPREL. & FINAL PLAT) U. S. WE5T tPREL. 8 FINAL PLAT) INTERMOUNTAIN GAS tPREL. 8 FINAL PLAT) BUREAU OF RECLAMATION (PREL. B FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES qCP `~ ~" ~ ~~~-- OTHER : ~ ~ r¢ ~< ra+.,a ~'O~~ (,(~. ~dCed ~~r~ 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, FlreChief BILL GORDON. Police Chlef 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 ~~~~~ dian Planning and Zoning Commission, may we have your answer by: HEAR I NG. -DATE : ~uY1.~ ~ ~Q'1 BY: LOCATION OF PRDPERTY flR PROJECT: ?JJD ~t ~, d-~- 1•'~i?P ; ~j/~IQ-Q/"' ~~ //~~ = ~'' JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P1Z TIM HEPPER, P/Z GRANT KINGSFDRD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, CIC BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDI POST OFFICE tPREL.B F INAL PLAT) CO HIG Y DIST CT A PL N NG SO ATI C NT L DI TRICT H TH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. 8 FINAL PL T) U. S. WEST (PREL. 8 F I NAL PLAT) INTERMOUNTAIN GAS (PREL. 8 FINAL PLAT) BUREAU OF RECLAMATIDN (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER• GARY SMITH, P. E. ENGINEER DATCa! ~ Q MERIDIAN Cj~-y NCIL ~'1 f j'~ I' AGENDA ITEM NUMBER. ~ _ APPLICANT:l7\~.~f~ ~Slyl d,JUQVI~ S~'Ll.+2~U~ AGENCY --S ion _r,n.o, <-.~ COMMENTS: MERIDIAN POLICE - ~~~O~~c®b~vn~~ MERIDIAN F IRE DEPT. -,~ ~®~Pra~ ~~~ MERIDIAN CITY ENGINEER - Ste. ~~~~~~ COmw~s~S ` MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL D I STR I CT -~ ~t~G~ca~~ ~nti~~5 MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL D I STR I CT HEALTH - S,o,sz 14~C~=~-Q-u C~r'^~" NAMPA MERIDIAN IRRIGATION - Ssm. Y~~~d ~'Ar^w~5 SETTLERS IRRIGATION - IDAHO POWER - ~,a.~ V~~t3.~.4.~ Cow~w.~5 US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN C I TY ATTORNEY `~ ~ ~ S o~ 'Fac.~- ~ ~Ortlu,,~siavs o ~ ~,,u MEr~IDIAN PLANNING DIRECTOR - OTHER COMMENTS- REVIEW SHEET CENTRAL _ • • DISTRICT C HEALTI-I DEPARTMENT ~C~~ ~! ~~ JUN 0 9 1~~~ Rezone # ~flTY ~~ M~flflflDl~~ C al Use # Preliminary/ InaVShort Plat ~L3.~ ~~/S' ~ I~~ Retum to: ^ BOISB ^ 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 ^ soliid 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 and Welfare, Division of Environmental Quality: Central sewage ^ Communiity sewage system^ Community water Sewage dry lines ® Central water `~ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined ff 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 resew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store ^ 13. DATE: ~ ~~l 1 ~ ~~ Reviewed by: ~'t coHC ~as~ rcb S 'Meridian Planning & Zoning 33 East Idaho :'Meridian, Idaho 83642 Re: Preliminary Plat for Piedmont Subdivision Gary Asin & Duane Stueckle Commissioners: 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. Tt is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. The developer must cr-mply with Id31in Code 31--3805. r B 11 enson Foreman pc: District Water Superintendent File -office File - shop _'4 ~~ 1. i ~ i r~ ~ ~~ ~ Boy ' n I e~ ~~, ~ {p - 1 _~ -]- a ~ Y ".. '<- ~ j ~~1 i L, [1 ~~ _ _ ~~ r ~~_ ' ~ -~. ---'' APPROXIMATE IRRIGABLE ACRES - -~' RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 ~~~~~~ Phones: Area Code 208 1993 OFFICE: Nampa 466-7861 J U N i 4 Boise 343-1884 SHOP: Nampa 466-0663 ~]T~ ®~ ~]~]~~ Boise 345-2431 1.10 June 1993 SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration / (;) 7~ DIRECTORS ? ~~~\~~~ ~ Jim Carberry, Secondary ~ T Christine Donnell, Personnel Q Darlene Fulwood, Elementary ~ Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 June 3, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Piedmont Subdivision Dear Councilmen: I have reviewed the application for Piedmont 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, ~~ Dan Mabe, Deputy Superintendent DM:gr HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CItyClerk JANICE GASS Treasurer CITY OF MERIDIAN R A , ROBERTGIESLER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON JR. Attorney 33 EAST IDAHO MAX YERRINGTON , , JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWERS, Fire Chief + Chairman Zoning & Planning BILL GORDON, Police Chlef 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, Planning and 'ng Commission FROM: Wayne S. Forrey, AIC~y. DATE: June 3, 1993 RE: Piedmont Subdivision - Preliminary Plat - R-4 already in City This 16 lot subdivision ~°.• ~ th ~,; ~~ USPA boundar essentiall an infill p ""'~ ~~ ~ ~° Y. and is y ,~~e . hi ro. ~xKappears to comply with the applicable go~~~~"'~~~~an .. poli~es~~ of ~°'~-~~`~he City's current ~`~ ~"~ Comprehensive Plan.n;¢~;W~` ~N ,~, ,~ k~x ~, . .x... ~~ ~.~ ,. {~> ,, ~ s ~' HUB OF T REASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk JANICE LASS Treasurer CITY OF MERIDIAN R A , ROBERTGI SLER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON JR. Attorney 33 EAST IDAHO MAX YERRINGTON , , JOHN SHAWCROFF, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWERS, Fire Chief ~ Chelrman Zoning & Planning 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 3une 6, 1993 T0: MAYOR - COUNCIL - PLANNING & ZONING FROM: GARY SMITH, P.E, ' RE: PIEDMONT SUBD. tPrelim. Plat) -~, DN ~ r z'4, I have reviewed t~"'s ~ mittal and liavti~x~:.following comments: ~~ t 1. Show stre ~s . ~„ tk f 2. Submit 1~ al de'""p~ nor of subdLVsion ; 3. Show sar~~t ewiar 1 ine~, eater 1 ifiG's~, „~i.~` hydrants, street ~.: lights. ?J ~ ~ ~ ~ .~~~ „. ~ ~ ... ~ ~ n ,... 4 . What i s ~~~he pur e.ii<~`t - dolt 3? ~ t ;` 5. How will~~~~~clrain fi. ~z3 ag>~'rx~cultural field be hand 1 ed? `'~,~ ~$~'L ~:. ~` pxY 't §:a k ~ r Nr .. 6 . Increase ri t~f w y width of cu)~e~a`;~ street to 50 feet . 4~ ¢ ,~ ~v. 7 . Show benchmark~`'~f,~nceIIor ~~s~~ 1 i nes . .~v .,~~ w 8. How wi 11 storm drainag~~µb~°"~'anJdled? Any faci 1 sties outside the public right of way must be maintained by a responsible agency and I need a letter from that agency to that effect. 9. Will this developer provide a pressurized irrigation system? 1 KK, p~0..~' N..u-oCs. 1~0 ~. ~ f'N.l. wt~ a-~C ~i Zi.,l/yt.. «~~~°/Y+~/~ a,d..oCti,t/~.~t~ ' /~Z. ~.. ~. OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE BASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE l3. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, FlreChief BILL OORDON, Police Chiel 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 ROSERTGIESLER MA%YERRINOTON ROBERT D. CORRIE Chairman Zoning 3 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 h~I,r~ri~dian Planning and Zoning Commission, may we have your answer by: ~ ~ ~:N ~. ~-~ TRANSMITTAL DATE : ~ul+~`:+ "~ I 1 ~Qq'S ' HEAR I NG._ DATE : ~~C1Y'L~ ~ , ~qQ REQ BY: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. ~~A-~ power- ~a. ~ ~N Tn,~-~ I~ - v l s f o ~ Eiv c~ ~ ~d ~2.~ . ~o,se~ 1.~ 8'370 Tim Adams 11 5 Idaho Power /j,J ~Dfi"'~ sz2-2o4~ 6.3_g3 JUN 0 31993 MERIDIAN CITY COUNCIL AUGUST 17, 1993 GAGE Discussion with gentleman in aeadience isee tape). The Motion was made by Giesler and seconded by Tolsma to approve the Final Plat on Wingate Place #1. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: TABLED AT AUGUST 3, 1993 CITY COUNCIL MEETING: REQUEST FAR PRELIMINARY PLAT APPROVAL FAR PIEDMONT SUBDIVISION, 15 DWELLING LOTS, BY GARY ASIN 8 DUANE STUECKLE: Kingsford: At this time I'll open the Public Hearing and invite the owner or his designee to speak first. Crookston: I have a conflict with this item. Dave Roylance, 4619 Emer^ald, Boise, was sworn by the attorney. Roylance: I'm a civil engineer representing the applicant. This is a 16 lot residential project near Pine and Linder. It's 33Q~ feet east of that intersection. It's a R-4 zone. Project will have central water and sewer and streets will be to ACRD Standards. Tolsma: Have you seen the engineer's comments? Roylance: Yes, I have and there at^e no problems. Tolsma: Have you seen the note on the bottom stating this plat needs to be resubmitted with all the items in red. Roylance: That is what I have intended to do is s-.tbmit the final plat with those corrections on it. Kingsford: In visiting with Gary and this would apply to same of the other Engineers perhaps in the room, we're getting stuff in that is changed drastically and he has to keep going back to his initial red-line master that get's changed constantly. I think you need to get those things upgraded before we ewer get to this stage. Roylance: Yes, we can da that. • r t~iER I D IAN C I TY C~UNC I L AUGUST 17, 1993 I~'AGE G Kingsford: We do have several public hearings so I would appreciate it if those people that wish to make public comment would have them concise and keep it at a reasonable time. Anyone else from the public to testify of this issue? No response. I will close the public hearing. Corrie: The Findings of Fact and Conclusions stated this was ire coning of R-9. Crookston: That's an et^ror, the application was for R-4. Yo~.i amended the findings when approved. No need for additional findings. The Plotian was made by Giesler and seconded by Corrie to approve the Findings of Fact and Conclusions of Law with the stipulation that they be changed to the R-4 zone rather than R-8 far the preliminary plat for Piedmont Subdivision. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Tolsma: Discussion on submittal of a new preliminary plat. Eng. Smith: The main reason far that statement was so that I would have in my file a revised preliminary plat containing my comments so that I can refer to that when the final plat comes in. Also it would afford the engineer of the project are opportunity to update his pt^eliminary plat so that future final plats off of that preliminary plat would contain the comments that I had requested and that you had approved to pass on as conditions. In this case I believe it will be submitted as one final plat. Main concern on larger preliminary's that I had everything taken care of as far as requested revisions as the final's came in then I would have an up to date preliminary. Everybod~+ would be working off the same preliminary that way. hlotian Carried: All Yea: Corrie: I think at this point we better make sure that the Engineer's and Developers understand that these comments that Gary has before that came to us in the preliminary plat that they should have those taken care of before they bring them to us from now on. That would save us all a lot of trouble down the path. The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat for Piedmont Subdivision. Motion Cat^ri ed: Al 1 Yea: • . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7.30 p.m., on August 3, 1993, for the purpose of reviewing and considering the Application of Gary Asin & quane Stueckle far Preliminary Plat approval of the Southwest 1/4 of the Northwest 1/~ of Section 12, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, and which property is generally located on West Pine Street near Linder Road. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 15 dwelling lots for Piedmont Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho St „ 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. gated this _,._. ~~_.~,..~_~_ day of .duly , 1993 . WAYNE S. FORREY, CITY CLERK :aarrss --.. ; -.~ . ~ . I ~ ~ ~ ~ ~ t t~ 1 Ip ~r ) 1 ~~ ••~i E ~q I' Z/ w I 8 ~ I... ~IYI/f 1/B 1 1~. f~ 18 ~ ~ y~ 1~?~R(• P ~, 1) Y6 f t/ p t9 i0 it i h,• •;Y 11 / 1 ' 1) ."7 ` "~ f y •f1 YY' W dy06 ~ 'NYO t { ,~ ~ YI • + ' r21~ aa: a3 "~ ~ >e, I d~••• ~~a ~ n ~ = is Y r J su ''~ $• F ' g h~APLE ~ VENUE $ is ~ 1 ~ •a, MAPLE AVE. ze ' ~ I • l • 8 ~ I 1 O t 0 ~ '~ , t ~ a Q ,iw i Y O G a a 4 t '~~• II , I 8 w i ~ ,~ i ~ V '~ _ ~. "' 7` `: 1 u 11 f 0 i 6 w BO !`.49 0 .t 1 ,r .JY9fe 0 It 6 . r t 0i a t6• • ~ ..L : J• f a ,•. L . • .. a :t ".w.wrw."«.•..«. 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G~:>~ ' w.~sTATE s ~ i I • '~ I!' a; ~ d~ l,i, ~0 I t I' ~ r :.. ...... l: I as Ill + ~ Iw ~ ,'\ r,~ 14' ~ •kh.•~ s +. 7) .k . i''P'Sp~a:. ~ 1.,•,•:, •.y~e ~ i.. A•rsSl~,'~ •aa 1'y~)7; ~ I ~ t I ~~1 f .~ .:I•. ~ I ~•I + • r + I 1 ; i r. + {o Ac. .I ao nJ:.l ,~ to . ~- { ~ #I / ;~ 1 ~ ~~ ~iI 1' ~ I I f I r, ;` ~~, .~~ 1. if.~: I. ~~,~ 1 •~ f •~_ ~ ...._......._.._ ......_i I I • '~. • 1 ' t • .. •1.•..P .••, ntrlr n ~ "r FiI:G.IUEET r uFt EUBUI ~~ IEIf]N APFRUVAL FRELtMINARY FLAT ANL/Uk FINAL FLAT F~LANNING Al1L'+ ~O1d1AlU CUIIMIS~~IUA1 ~I'It9J~ TALE FOR aU8MI55ION: A •r•equest far pr•eizmir,ary plat apprcival tau,.t be in the C? t~~ Clerks possessson no later than three days iollawing thF •regular meeting of the Fiar,ning ar~d Zoning Commission. 'f't,e Plar,r,ing and honing Camrnissian ai11 tear the request ar -hc racnt?'sly meeti:~g ~ello•,ring the rr~.-,tl-. tS-,e request r/a~~ made. 1. 1. ~. Ater $ prapa~al enters the pracess it may be acted upon at subsequent monthly meetzrigs provided the necessary procedures and dacumentation are received before 5:ibr4 P. f9. , 'f'Ihursdsy fallaWing~ the Plar,r,ing ar,d honing Commiesio•r~ action. r GENERAL I~IFGRMATIG2~ Name of Anr,,e~catior, end Subdivision. ~IEL~J`'10/UT S )fZNV Ictotil General Location, O~rners of record, _~ RTw ~h' FINC ~' 355 N.OR NA`I~D X1'201 ~ Address, 130/SE. ~n , LipB3?O6Telephane_~23- 77© ~. Applicant, ~.~l4tty ~ n aereR STvcrrcc~Addreos,( S,AMt:1 .` ~~ - 5. Engineer, ~IayID ~. ROYLANCC: Firm Q 5 ~ {~ , 4611 ~n-ERat® Su~~~ D-2 Address~ois~• I b ~ , ~i pg37(~6 Telephone~3(a-7390 t~. Name and addresE to receive City l~illir,gs: Marne GARY C, /•tSi/u 355 ~, ORcMAt~~ #2o t Address C_ o~s~ Is ~ ~r]C,~~_ Telephone 323-~r/'70 PRELIMINARY FLAT CHEC°KLIE'Ps Subdsvision Features 1. Acres ~~ •-. Number of late LE :~. Lats per acre 3,~ ~. C/ensity per acre ~~`] /~rCfZES/Lo?' S. Laving Clasaiiicationcs) R'y ~=~. If the propased subdivision is outside. the. Meridian City • Limits but within the jurisdictional mile, what is the existing zoning c~.tassifiaatior,__12y %. Does the plat border a potential green belt /1 /['a ' ~~ - ~-. Have •recreational easements been provided for ~. Are there proposed recreational amenities to the City~_ Explain 1(~. Are there proposed dedications of common areas?~$$ Ex p l a i n/~ X01 ~c C AC~,1~ ~.a,(tE~ For future parks?~_ Explain 11. Wt,at school t s) service the area ~RIpIAN.s,® #Z propose any agreements for future school sites '~ dO You Explain 1~'. Gther proposed amenities to the City Water 5u• 1 pp Y Fide Department Other __ explain ~X~S'TiNG ~ER ~C _S 2s• TYE~e •of Build ng tResidential, Commercial, Industrial ur combxnatiuni E~(t~El~1't/AL 1'~• Type of Dwelling t s) Single Family, Duplexes, Multiple:tes, other S (' FRMI `r° 15. Proposed Development features: a. Minimum square footage of b. t9ir~imurn square footage of c. .Are garages provides for, lotts), !~ d~a s.p structure (s) ~~~_ ~~Aa~~~~ ~. -_rE~square footage d. Are other ooverzngs provided for e. Landscaping ties be£'n provided for Describe ~i 1 (2) ~~ ~ , ~~ f: Trees will be provided ia•r iG~. Trees will be _ maintained_~L ~~~-. g. Sprinkler systems are provided for t'i. A•re there multi~,le units~C~ Type rems•rks i. Are there special set back requirements /~ Explain ,~ • Has off street parking been provided forJ~S ,Explain k. Value range of property ' 1. Type of financing gar development m. Protective covenants were submitted .Date lt~. Does the proposal {land l~~o11ck other praperty_/~10 Does it create EnclaveslV D ' • STATEMENTS OF COMPLIANCE: i. Streets, curb, gutters and sidewalks are to be canstructea to standards as required by Ada County Highway District anti Meridian Ordinance. Dimensions will be determined by the Gity Engineer. All sidewalks will be five ~g~ feet ire width. ~. Proposed use is in conformance wa.tr, the Gity of I4eridiar, Comprehensive Plan. :a. Develaprner,t will c~,r,nect to City services. ~3. Development will comply with City Ordinances. ~. Preliminary. Plat will include all appropriate easements. S. Street names must r,o•t canilict with Gity grid system. i:~1 t•~, a 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., Clty 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 YERRINOTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZTJ 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 I~I^~idian Planning and Zoning Commission, may we have your answer by: TRANSMITTAL REQUEST: BY: MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES RDUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFDRD, 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 HEARING DATE:~~Q_ ~' ~Q-t3 MERIDIAN POST OFFICE tPREL.& FINAL PLAT) ADA CDUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION -- CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PREL. & FINAL PLAT) U. S. WEST (PREL. 8 FINAL PLAT) INTERMOUNTAIN GAS (PREL. & FINAL PLAT) BUREAU OF RECLAMATION (PREL. 8 FINAL PLAT) WAYNE FORREY, AICP, PLANNER CITY ATTORNEY CITY FILES OTHER: GARY SMITH, P.E. ENGINEER 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 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 Chalnnan 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 Meridian ~ ~ , may we have your answer by ~ 1 ~ ` ~S' ~ It-It~~9~ TRANSMITTAL DATF_ : I ! ' S ' QI„~ .:,.•~~~~~~-~°~ARING DATE .~._ _. ~,, PR"OJECr~T = ~3~ E ~ ':. ... .~. JIM JOHNSON P/1 MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, PII 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 CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER 'FMERIDIAN P0~3 OFFICE (PRELIM ANa;FINAI PLATS) ADA Gi~INTY HIGHW~l1~ DISTRICT >{ AOA PLANNING ASSOCIATION r CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR~:~DISTRICT SETTLERS IRR'LGATIQIi`6ISTRICT 1DffH0 POWER CO;,-("PRELIM AND FINAL PLATS) ''°~ttS~~~EbT (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARKS: hFUB OFTREASURE VAI.LE1~ A Good Place to Live CI'T'Y OF MERIDIAl~T {'. REWUEET FuR SUI~UIvTSIGN APPROVAL PFtELtMINARY PLAT ANFi/~JFi FINAL FLAT F'LATflaltiG AA1L'+ ZG,~tNG ~GPIMISSION ~(' I !'1____ k_„_T A 8~.. E Ft~ f2 a U B M I S5 I O t~! {~ A •r•eauest far prei~.mir~ery plat appr•aval. rnurat be in the C=ty clerks passesszan na later than ttrree days iallawing the •regular meeting of the Planning and Zoning Commission. '!'he Alanriirig and. Zoning Carnrnission sill hear the request at =hc rnar,thly meeti::g ~ollawing the rnu:,tr, tY,e request was made. ' A~'ter a prapa~al enters the process it may be ~aated upon at subsequent mantrily meetings provided the r;ECessery procedures acid documentation arH received beiare S:i~~ P. M., 'Thursday fallowing the Plar,r,ir,g ar,d Zoning Commission actiar,. • GENERAL INFGRMATIGN 1. Name of Annexation and Subdivision, ~IE~MO T S ~13pI~i IcION ' ~. General LOCatlOri, 3~F7 E ~-r pF 1~/,1/EJ. LINL1Ee QA rA,TER'~EC°~'~~Jitl ~lb~tT~N • !} ~ DF PIn1E~' :~. Owr,er:3 of record, ~ CARRY C, /'1SIN ~~ )AA)/~ (~ S-rr.9,s reL~ 355 N, DR Na v ~*ao~ Address. CioisE. ~~ •, Zip83706 Telephone 32~~70 ~1. Appli,carit, ~ tryC", As.,a, ~f~ua~aR 57•vcxK~rAddress, (,_~~1M~~ . . ~. Engineer, ~1AUID h~. R4YLANC(= Firm I~OY~1.1C6 ~ ItSSAC1I~TE~ 1~ N, 461q ~ ~' MERAtL~ Su~~t~ D-2 Address [3eis~. to ~ ~ , dipg37~ Telephone~3(~-73~IAA0 sS. Name and address to receive City billings: NarneGARYC, /'tSl~~ .. 355 u, OIecFIAI¢® *~zo Address~c~~~~. la S ~'7G Telephone 32,~7~/'?O PRELII4INARY PLAT CHECKLIST: 5ubdivisian Features 1. Acres_ , 3$ ~. Number of lots LE • ~I. Lots per acre 3,~ ~. L'ensity per acre ~2~ ArCRES/LO'T ~. Earring Clas~iiicatiants) Ry v~ . • ~• Ii the prapased subdivision is outside tree Meridian City Limits but wi-thin the ~urisdictianal mile, what is the existing mooning c~'assification_ p~+ %. Does the -plat bor4der a potential green belt ~o/C'~ _ ~• Haverecreational easements been provided for ~• Are there proposed recreational amenities to the City~_ Explain 1~. A•rc~ there proposed dedications of common areas? yE,~-- _. Explain rU 1L ~,~ ~ ~~~ Far future parks?_/l= Ex lain p 11. Wt,at sc}-ioo~. t s ) service the area ~R1p1ANS,~ #z- • propane any agreEments for future school sites do you. Explain 1'~. Gther p~••opased amenities to the City ~ Water ~u pp1Y Fire Department Other _ Explain.~C`S'CING ~? ~~CFS 3:s. Type ~ of Buildings t Residential, Commercial, Industrial ur combinatiuni ES(t~EN'T/AL 1'~• Type a* Dwellingtsi Single Family, Duplexes, Multiplexes, other SfNCLE FAM11,`r ~.~. Fraposed Development featuress a. Minimum square footage of lat t s) , p t~(~(~ ~p b. I9irurnum square footage of structurets)~I~'1~ ~~d~A~~~~C a. Are garages provides for, rE. =square footage d. Are other coverings provided for e. Landscaping has been provided for Describe {~ r t2~ r f: Trees will be provided Ya•r ~ Trees will be maintained_~~ i g. Sprinkler systems are provided *or h. Are there multiple units~t3 Type _ r"ernarks 1. Are there special set back requirements Explain. • ~. Has aff street parking been provided for~~ES • E.~tplain k, Value range o,f property ' 1. Type of financing for development m. Protective covenants were submitted .Date le. Does the proposal;land lock other property /UO Does it create Enclaves ~ O ! STATEMENTS OF GOMPLSANCE: 1 • Streets. Curbs, gutters and sidewalks- are •ta be constructer: to standards asreyuired by Ada County Highway District ar,ci Meridian Ordinance. Dirnensions will be determined by the City Engineer. All sidewalks will be five (5} feet ir, width. ~. Proposed use is in conformance with the City of Meridian Compreriensive Plan. ~ a • • J. ~. 5. S. Development will car,r~ect to City services. Develapmer,t will comply with City Ordinances. Preliminary Plat will include ell appropriate easements. Street names must na•t conflict witri City grid system. i:i) Roylance & Associates P.A. ~J Engin®ers • Surveyors • Landplanners 4699 Emerald, Suite D-2, Boise, Idaho 83706 lyjay 14, 1993 Telephone (208) 336-7390 Fax (208) 336-7391 Project No. 1390 City of Meridian Planning and Zoning ATTN: WAYNE FORREY 33 East Idaho Meridian, Idaho 83642 RE: PIEDMONT SUBDIVISION/FINAL PLAT APPLICATION Dear Wayne: Piedmont Subdivision is a proposed 15 lot project located in the Southwest 1/4 of the Northwest 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Idaho. The project is within the Meridian city limits and contains approximately 4.38 acres. The minimum lot size is 8,284 square feet, the maximum is 10,168 square feet, and the average lot size is 8,873 square feet. The current zone is R4. Domestic water will be provided by an extension from an existing water main on West State Street, which would extend into the project and then south to loop and connect onto the water main in Pine Street. Sewer service will be provided by gravity flow into an existing sewer main on West State Street and will constructed in accordance with the standards and specifications of the City of Meridian and the requirements of the Division of Environmental Quality. The lots will be accessed by an extension of West State Street and by constructing two public streets, one of which will connect to Pine Street. All streets will be constructed in accordance with the Ada County Highway District requirements. Sincerely, Troy W. Taylor, Project Manag WIN/LETTERS/PN1390.DOC HUB OFTREASURE VALLEY • A Good Place to Live OFFICIALS CityClerk JAINICEGA SETea CITY OF MERIDIAN COUNCILMEN R A sure ROBE TGIESLER BRUCE D. STUART, waterworks Suet. 33 EAST IDAHO MAXYERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFr, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief , Chairman Zoning & PlanNnp 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 November 10, 1993 RE: FINAL PLAT FOR PIEDMONT SUBDIVISION Enclosed is a transmittal for a Final Plat of Piedmont Subdivision. Please return your response to the City of Meridian ASAP,no later than November 15th. This is sg~,~~+~,ta;led fora City Council meeting on November 16, 1993. Yyit ,f ,,:` Your cooperation is much apreciated. ~~~ Si cerely ~~ a K. Doty Administrative~Secretary ~~ OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888--0433 • FAX (206) 887813 Public Works/Bttilding Department (208)887-2211 GRANT P. KINGSFORD Mayor July 26, 1994 Idaho Power Company 130 East Idaho P.O. Box 428 Meridian, Idaho 83680 888-4491 RE: STREET LIGHTS FOR PEIDMONT SUBDIVISION COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning Street Lights have been installed by the developer in Piedmont Subdivision. These are 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian. The two (2) street lights are located at: Lot 1 Block 1 Lot 5 Block 1 See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely, ,,- i~C~x/ William G. Berg, Jr. City Clerk F? ~ I ~ ~~ ~~ C ~~ ~° ~~~~ g ~~ Q m W ~~~~~ ~~ J B o o • • o er ~~ ~ QQ ~~~ Z R ~ ~ ~~s : ~ ; ~~}~~~ ~~ ~ ~~ ~~~ ~ ~ ~ ~~ ~ _~ b #~ ~~~ ~~ ~'~ ~ ~ ~ ~ :~~ ~~ a ~ ~ ~ ~ >s a ~ ~~ ~~~ ~~ ~ ~ ~~ ~ ~ ~~ ~ ~~~ ~ ~ w • v • • w 0 Z 0 ~q ~~e ~~~ ~~ 6 ~~ ~•:N r~ $ g R $ ~~ ~~ ~~ ~~ ~~ ~~ n ~~ ~~~ n ~ ~ ~1 ~ ~ ~ ~a ~i A • ~ ~, w e v` `Z -IJ a ~ ~ N G311YZdNf1 C v /d. Z ~ W • W , ~ ~ CN I 0 C 9 V ~ O O € :~ ~~ W g ~ ~ .. > ~ o a p ~ s ~Z o~ ~~ = ~~~m= F ~ ~ •, W Y/ W o ~ I`~ I V ~ ~ ~ t~ Y. J 0 Q W ~ ~~~ j m L~ L6 F' r ~ W Z J V 7 • ~( o, 0 d JNRiY3B d0 SISYB Permit Type: C~ ELECTRICAL Issued: 7lE5/94 Permit No: E- 4194. WNERlAPPLICANT-------------------------PROPERTY LOCATION-------________________ l 1 PIEDMONT SUB t Lot: Block: MERIDIAN, ID 836~DG I Sub: EQ~B/GGQ~-OCdGG I Tenant I ~DIVTRACTOR-------------------------------DESIGNER------------------------------- ALLSTATE ELECTRIC I 1 c E. 34TH ST. I BOISE , ID 83714 1 , 00GG0 E1~8t344-G605 1 ~Z10G/G0G-~brDO~P1 ='ROJECT INFO-------------------------------------------------------------------- Project Type: STREETLIGHTS Permit Conditions: Occ Type: Ref Permit No: - G Occ Gr•o4tp: Parcel No: Occ Load: Long Legal: Sq Ft: Land Use Zone: ='ROJECT NOTES------------------------------------------------------------------- L1, B1, L5, B1 STREET LIGHTS. ='ROJECT FEES ASSESSMENT- Building Permit....... Plan Check............ Mobile Home........... Right of Way.......... Foundation............ Water Well Capacity... Water Meter........... Water Service Line.... Water Mainline........ Sewer Plant........... Sewer Tr•~~nkline....... Sewer Mainline........ ~G.Q~G Irrigation Capacity... ~tZ~.GQ~ Irrigation Riser...... ~O.~DQ~ Irrigation Mainline... ~G.GG Electrical............ ~G.~DG Mechanical............ $G. GtZ+ Plumbing .............. $G. 00 Misc 1 ... ~G. GG Misc E .. . ~G.OQ~ Misc 3 ... ~G. GG ~G. 00 ffi~.0~ TOTAL BUILDING FEE: ~0. GG ~Q~. GG ~0. X710 X95. GG $~ZI. ~~ ~ 4d. IZtQi ~G. GO ~Q~. GG ~0. t~0 ~ 95. fi0 ~~. y',r f . ~~ , ., t t ~f s , ~ ~: ~~, ~ / .:' 7:. i PARTNERSHIP AGREEMENT THIS AGREEPriENT by and between GARY C. ASIN and DUANE H. STUECKLE made and executed this~~_day of July, 1985. WITNESSETH: The parties hereto hereby join together in the formation of a general partnership to be ~nown as WASHIDiGTON PLAZA and said partnership is formed for the purposes of purchasing, holding, developing, improving, selling, leasing and hypothecating real r property for the benefit and profit of said partnership. The business of the partnership shall be undertaken within Ada County, Idaho, unless otherwise agreed among or between the partners. This partnership initially accepts by conveyance from SAS INVESTMENT COMPANY, a general partnership, its right, title and interest in 2 parcels of real property together with all improvements and investment in development of said property. a+ This partnership crewed hereby accepts and assumes the liabilities which are secured by or incident to the real property conveyed to it by SAS INVESTMENT COMPANY, a general partnership, as the. same existed upon the date of conveyance. This partnership shall keep an accurate account of revenue and expenses and partnership accounts properly segregated and its fiscal year shall be the calendar year and an accounting between partners shall occur no less than once each year immediately following the end of the calendar year. r. b- .ur.~-...,rera:Re+a+RR+w•rersmelLrwena+~SSP~Ma.~«w.l+!uwrw+±Nfan^.•r• ,. ...'~n`;--^+-..~,w,r:.~»,~~r-;~~"i.., e.~'.s~.s ~~1`°'.w'. ~~. '~'. .. ~.. ., q,... ....~,,, a.. ,. .. ....: ~..., This .partnership sha7.l be that of equal ownership, equal obligation and liability and equal right to profits and equal obligation for losses. No partner shall be entitled to obligate the partnership without the concurrence of the remaining partner or partners. No partner shall sell,give, hypothecate or .pledge as security partnership property or a partner's interest in the partnership or-its property without the prior concurrence of the ,- remaining partner or partners. Upon the death of any partner, that interest succeeding to legal representative, heirs or distributees shall continue and this partnership shall not dissolve for a period of one (1) year at which time the remaining partner or partners shall be obliged to close and settle the account of said deceased partner. All account of sums due the deceased partner and his interests shall be measured by the fair market value less liabilities as of the date of death, less proportionate share of operating expenses from date of death to date of settlement. Upon the withdrawal o~ a partner, as a member of the partnership, that partner shall give not less than ninety (90) days notice of the intent to withdraw; that upon the ninetieth (90th) day from notice, an accounting shall be made as to the fair market value of the assets of the partnership and an accounting be made of the liabilities; the balance shall be the purchase price; the partnership shall then be obligated to purchase that share for the said determined purchase price within PA~t7~~ERSHIP ACRD- 2 - {+ r SF ,. ~ao^** v=.+.n~..- '"'°„~"rFS z~--y,;*" S ^-r~ FR ;~,~, a~:., °ia p ...~,~...~.._._. _ 1 one (1) year of the accounting date, together with interest thereon'at''not more than the prevailing local Bank prime rate. Any withdrawal by a partner shall be a charge against profits and not against the partner's capital amount. No partner shall be entitled to salary or compensation outside the distribution ot~ profits, save and except actual expenses incurred for the benefit of the partnership. Upon the final and complete sale of the real property initially received and accepted by the partnership, this partnership shall cease, unless the partners shall agree otherwise. In witness whereof, we hereunto set our hands the day and year first. above written. t+ i 3+ Pp~F~I'~R5HIP A~ 3 - ~! G, ~ AS ~~! ... ~. D E H. UECKL ci i ' r ~ ii ',. w ~ ~ ~'Qi F . A 9 i ~ ~j r'. .;~ ~ l; 'R y i. ti +, ~ ~~~~ F `~a` .. h~ ~ ' ~ ~{ + • :~,: .CERTIFICATE Of Assumed or Fictitious Name STATE OF IDAHO ) ss. County of Ada ) THIS CERTIFIES That there is being carried on, conducted or transacted, or is about to be conducted or transacted in Boise, County of Ada, State of Idaho, the business of real estate purchase, development and sale under the designation, name and style of WASHINGTON PLAZA, a Partnership, which is assumed or fictitious, being other than the true and real name of the persons or entity conducting or transacting such business or having an interest thereinf That the true or real full name of the persons or entity conducting or transacting or intending tq conduct or transact said business or having an interest therein, and addresses are as follows: • {~ . . i~ GARY C. ASIN 1~UANE H. STUECKLE '113 South 24th Street Boise, Idaho, 83702 That this Certificate is executed and acknowledged by the entity so named and that no other persons are conducting or. transacting such business or has an interest therein. DATED This~day of July, 1985. ~+ ~ , ! G AS ... .. ~, ;~ ,.,.~... ' H. ECKLE .~ {~ STATE OF IDAHO ) ! .'~ ss. . County of Ada ) .: On this~day of July, 1985, before me, a Notary Public, in and .for said•State, personally appeared GARY C. ASIN and DUANE H. STUECKLE, known or identified to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. ~+ ,t'~ ;; ; ~; ••i d ~' • Residing at Boi e, Idaho :m ~. ~ "• ~. a• : U , .. ,.. ~ ~ ~ r.• • '•~ ~'. ~~ i CERTIFICATE- 2 - ~r • ' ~ ~ CIl a~om c ~ '~ c ..,,,, i c o c,.c~ z ~ j.-'.~ ~~ <,,,,, ~ °~+ ~ ~• .a ~ ~ ~ 1 • ~ ~. ~~~ ~ > ' ` ~ ~ ~ ~~ ' Sv • • 1 ' e ..} -• 9 '.. • ~ ;'•n~, • ` » ~ !~ . ... '-r... i~... t j '.,: `: .. 'i~ ~. Ti~i:.. i.i f..s: tJ », ~b,t; - i•a't~ t.( -~ i• .. .. ~^ ~~ ;t...,..t.~~,•.~~ y i•.. .'i ,. ~.~ .. ~ :-•.• .. ,. (•; ~4`:a Nei .. :.r.."it'.ot~~ 1' "(: . ~~ r". int... ..s....... i~ ...'.i .........~.(,:.~.•~ ~ °!~'':[i~~:.c~.(~' (ac•.»., r ~-':. i~' "•:fCf :.yl:-•!•'s.... 1 --~ . r - . .« f~ . .. t; t .;. t .t ... t 1.. r .. w.':.' (. t Q ~ ~_ . .. r .y ~~ ~ r jj ..,. • ~~ rr Tr :~ . I '~ 1 1 1 ~uta drive - Botse, Idaho 83 yC78 208/377-3600 Fax 208/377-366 EXHIBIT A ~rhi~ Exhibit A (dated March 3(l, 1g93} is attached to and farms a part of th~.t certain Purchase anti Sala agreement showing Michael Cammann and G~ara].d vorlicky and/or assigns as purchaser of an of~'ice building located at 7685 Emerald, Boise, ID. The total purchase price to be Two Hundred Seventy Five Thousand nollars {$~73i000) payable as Follows. 1} Se1,lt~r to provido an All-Inclusiva~ ldota and Deed Cf Trust on the existing loan in the approximate amount of $160,000. said note to bs ~.inder the current terms and conditions. Seller to remain responc~ible far c~aid underlying loan. 2} PuroY~aser to c-ff~ar exchange values equity of $ $90, Obo in a 4. ~8 ears bare land parcel locat®d an West Pine Street, Meridian, Idaho. Said property to ba canveyad free and clear of all debt liens and enaumbranoes within 45 days of signed mutual. acceptanae. 3) $20,p00.00 to be ps,id in Dash at closing. 4 ~ The remaining balancse ~f $S, 000.00 to bey a per~vnal Hate in favor of the sellers and too be paid one year from date of cloeir-g.. 5) Arty ad~u®tment to stated loan balances to be made against pr~.Ce and not ad~ustad to equity ~r crash. i 6} Thin offer is contingent upon ~ Se11e~r~s and Pu~rchaser~s satisfactory inslaactian and approval of the s~ub~aCt properties to be Convoyed. Said inspeotians to include preliminary title reports, existing leases, all legal and debt in~shruments, mairst+~nancxe contrasts, surveys and cc~mpl+~t+~ physical inspections. A11 required documentation to be, pravi.ded within In days cif signed mutual. aaaeptanca of this agreement and all inspections to be oampieted within 20 days of said execution date. 7) Unless written non-acceptance of either property by either purchaser or seller is delivered to Pianee~r Title within the twenty day inspection period, it shall be understood by all parties that th~.s offer is in full force and effect. na],ivered notice of non avasptance or partial acceptance of items of ~.nspectian by either purchaser ar seller shall autosaatically melee this offer null ar-d void and all earnest monies shall. be immediately refunded. s} Purohasex~ ~snd seller to ptrsvide tit~,a insuranaa in tYira r~mr~unt of sales pride on their re,~peotive properties to be conveyed. Curnmerctat and investment Real Eatete Brotcerege ~'!' $YtX£ROX - - - - - - - - 5-10-93 : 14:18 ~ CLEGG IIWESTAti'~'I'S -- - - - - - - 3867391;# 3/ {+ 9 ~ pu~Qh~aser z~r1d seller ~ a~ah psy ~./ 2 dlrrsing ~~ and sash to pay respective prorated cloai'ng ~uats, ~Oy X11'1. ax~.sting lea~aa and ssr~urity deposits to be assigned to purahaear a.t•' o].oai.ng. { r ~,~,~ ~t is undsretaad by all parties that Clegg Irtvee~tment~s is r~pr~sentl.r-y both riuxchaser and .SeJ„'ler in ~.h~.a trans~ac~tion and ~'~1.~~ mm~.asians clue ~'rvm each party. , ~w ~ 9 Seller Data ~ chas .r Da e ~i • • :~ ~~ r 4 I + •~' ~ ~ 1 ~r ' ~ 3X~tXl~OX - . 8-10-89 s 14 s 18-~ - - - - - - - - - - - - - ... CLDQO IiWE3Tb~VTS ~ 8887991 ~ # 4/ ~~ " _ ~ FtEAI. ESTAY~lRCMASC AND SALC AGREEMEN'Y' • -+c•<I (wtth Earnest Money Provlslon) R''v'~'° t'N16 o0it71tJtCT COtttgOt.B 711G TCNtIe OP 6~1.a op rlta nndPP,t-yY, tICAp CMtCI'u l:F n SIONtNO-1>: AMY ©Ua q t:0 su 4 up.TrpaluSV, Gc~ra~ld Varla.ck , M~.cha®1 Ca,rnmari~ o_r ass ans_ 10-`~'`- (Maltuti4r ia{1rd `'buyer") apreai ~PU-iMN, ene Ihr wtd•r^ldaad 8illar apreea to tip tha (oapvrl+-p d^sedbed rtlt i•late bNalaagrr relrnetl Io u •` ` ....~1'l:V r'tf Rni ^., Piet"loo Slele otidaho, °nmM IepaUy dee°rlbed a is , County ol,A,gp„ filed k- T~r~1y •~••^ o.er~ra alttneluro the °orreW le it deecrl tlon 01 ~h~ ~ ~'~^cam rravn io expCynpH gy iwreit Ihs lepsl dNOrlptlen WlWotr • o P (N^ndae^ It vneratlebti at tlw Itmi ~ e(pa4-C, or to l.roruaaacll~sEpRlcel$ ~` `~li~fi3~~t~°°~1~'Lnty Five Thot2~Snd and0/100 A. Ferasat Manxy, ~~ ~ AQ(.IMtS Zti ! • b a• lotlowal ' F~,ve thous~n~"-3"'~~'; ~j~ (a) guyir bireby depoatla and a reeatp( Ia hereby aiknowledoetl of avldaa°ed by; O Aeeh, GPui°nal A1tepJt, 017eehlere Clte ~p~~•`-t,' ,~,,a-""` oallare (5.~. _. ) ppeld ar dellverad a i•rnvel matey la Earl peyktsal o(lho nrah l~3NOte Otli, or tb) p11Aeall,toaeylobidepoepedlA rualaaoeuld4peaapaiepta~i4yaUOpull~~emleei• p a ger Title: U Ori uyGr Lt.~ t°} AdErra•ilMoneyahallbeheldby Fi~.S3.or P t~ignal~ 111utUi:t1 ead Cy~~ 't nriosfim~r,}g ~ •• (irthibe-uWofthepuilsvherero, EICCt?p{:ci.rir,-:: ~..~ (tlroker) chap t-oid the o°mplo(°lypxeolUad brokePe o°pyollNa •araentiin(, A. BeleAOe el purchase prloe tb be gold as 1°llowy; , d.evydr'e ollar to made eubJeil le lhv eeaepleaoi it @oUor on ~ yefore 1?s00 o'ebclt mldafOht of -r ~ r 1 ~ y~-'~. U EeUet dose nol eaopl Ihlr eyreemenl wllhln Inc tlme apedped. the aatUe I~erneU Money ahap bi rNllraded to Beyer on dalnalld. 5. T(ll• of 8etiar la to pi do eyed y warrenly dyed, unlrie olherw{ee p ovlded, sad le to be n-arkelibls sad laet,rebts °xoipt for rll-tltr reae-Yed I° tadstal pe lento, ate le of taprad r~a sd~~etldln9 or ua a reaVle((ona, bagdlnp,gd ton(pp repWe!(one t+wad prd(nanevi of any 9avirltinoa(al lrnl~ ?nd rtphN,f way and OiAi fie Icuealrbiineiai od a fiat wW I~ji iri Flo be diahi pad a d b 6~vy:rrw /obwh oh pee ji iaoft;o iV~bl,ol lu t o otherwtieaiil lntih aboyrj y~r+r t.i dlle°lnpiwenald egmpenY iA wU~p ma~Arkolehle red I~newebl, Idle:u6jo~l to tAe U ~ ° w°~yr°,yaQ~i ~ d°atec a tla wh°eii fiat o i ~dtl~a RQnement I° bs dtaeNugos(or aaedlwvd by the ti P ~teee Irom uyer. Prior Io elol<-np the Iwneaellia, the Soper ehs0lureleh to the 8uyir r preUrn(n~yrop°p OraoltlMflm°nl °udv by e Ptu taevrenne rtrmpany inawtap the eondllta- or the Mlle to 9atd premise t. the parties agree That TI11v Aoug-eny anCU ptoNlde ealyd tUle pelltiy ~tl prxlbatgiry tapir[ ar cammllrxasl. p to e0rsed Ihvl ft lha Ittt ~~ iy~o~elvaolmarksl•41•,aroonnol iilo Tali liili taro}-nji yYmA~t.Jt.xp-o cams istherata a~ 64 s°ah lallu s dhslt eoa<lltuls a ds(eWI ead (b0 LI faeN Men reetuU be nlWfNtt 1p (hr°B°Y°r and raaedlri xv#tla~e, SetletetuUpsYteuthieit1o11111eWavrtaoe,asuoy>eadlapvltoie,Ifsay.Uuysr•vaaosplaaaeotth^6arnetslMaaeydpeiddt°ogtdlWeawalV~ o• ~e &U a hereby ep hs " s t rsemiit iha8 be ' ~---,..~_ la ljfpa oker~e~oae-tili,(o~t~i Dios White ao(vthvPwlee preYWed by law, the piffles Iltatl Nob pay earttolt of void abilr-p spvapi telb fie eb M 11 yy ~ ~ 0. di it biltui (he OlOelaQ daa. guysr and 8epsr eneq dopoan wtth the ploepto teen[ ap londv ead I°~ilavmsan naoo,iery t0 °ompleli Ihi ale. y.8/per shop deprer pateeeebn to buyer oa a before ersnsbleavveeemeatev •ei) tool , vur . re tla-a,le rreileadrea voeoa eae:' asirobUpeUoaaaeetuardot',tekeas ihetl be prorele;d sa of ~---. end laxoe and we,ker aaasmelai tualno the Mil . -.-_.., , , ubleot lo, and utQUla i ' ~-topl se Iotlowa: Beyer eheNpey for lyel in fuel lank, the amount l° be delirrnlaed b7/ Uu vuppper al @•por's expeai6. B.The phrllee eerie that thle epreemeru aontau-a (he Ioltov,lae.danl,..,.r,..~_ __. __ ..... '" ppwta9 (tome of praparly aow ea the p-emhn are epeoptislty a;olutlfd from ltti sale;_.211 1 n$~~~~-'--" "'-"---- Tl1f IOUolrlaa Ilame of pareWy(protle,ty ue epeGUkatlli lnaluded M the ieN, _..~i~ O 7 r .•..~ mA ti n ~h.or;.^,,,.,~ c1f .~.~-t' w ttY.IKPOAT,1Nia 111k RBVCF4E 8P 11tl@ ~tQrllRMRh'T CONTApd81L1p~i1TRM' Pl{t7V1@tOk3 WItICH At.90 CQN@TI)'lJT6 PMT OP TkE Al]tl EIAENY. peaM y ~ ~ l l C: T' , 01 the Oulhe ae:kaoWlidoes ratdlap Ihla rpriemant to lull. uriuao~loenrr Clegg Iflye~9tmente .. _ w ~ ~elUnOApancy: C~.3CJCJ ZflV~~tltll3n'[:S .-~.........". . Iltyi hats ......... tggru la sorry ovl ^B the lirrm Iharael6a lne yarl of the Ai-Ilat. and Res vnder.l by approve a~ ac°apl If-e s.ts -N lAdh Iq Ihv s .rau-at Ind rr(eaUlnp prlo or Ortod Rillir further opreaa to -^-^-------• .....~"..~ uCIt,l,Artn t3,_, . PAY a commlailoa pl Iryta lalber ° notYledya reae I of • Uw rte of lhla aoreemenl wphrb, ° J to the atwve "' q' vitlp I ea-iaa^laaarl dirWa~IpnadbybothppryNj, BY ;XEROX 5-12-~; 7:48 f' _,~. t 3367391;# 1/ 1 `~~ ,~ CL>:GG I N1/f=ST114ENT5 y SC1-IEDIJI.E C Number: P 12Q5S8 Ifhe land reterred~ta in this Commlunant is described as follows: PARCt"1. I: WAT PORTION OF THe= SOUTHWE6T QUARTER OF THE NQRTHWE$T QUARTER, SECTION 12, TOWNSHIP NGRTH, RANGE 1 WEST, 8015E-MERIDIAN, ADA Gf3UN'IY, IDAHO, DESCRIBED AS FOLI.OWB; BE41NNlNCi AT TWE WEST QUARTER CORNER OF SAID SECTION 12; HENCE NORTH 89 pEGREES 48'20° EAST 330 FEET TO A PAINT; THENGE NO~tTH 40 Dt:gREE$18'08" EAST 30 FEET TO THE REAL POINT OF BEC~INNiNC~; . THENCE CONTlNIJ1N© NORTH 00 DEt~REES 16'05° EAST 630 FEET; THENGE SOUTH 89 bEQREE8 48'20" EA$'1' 330 FEET; THENCE $QUTH 00 pEQREES 18'05° WEST 513 FEET; THENCE NORTH 8g t~EgREE9 48'20° WEST i48 FEET; THENCE SOUTH 00 DEC~aEE$16'08" WEST 117 FEET; THENCE NORTM &B DE+pI~EE$ 48'20" WEST 182 FEET TO THE POINT OFD BEC3INNINt3. ALSO KNC)WN OF RECORD A3 PARCEL I RECORD OF SURVEY NG. 2226, RECORDED AU®U8T 14, 1982 A8 INSTRUMENT N0.8254822. t~ARGEl. U: THAT PORTION OF TWE SpUTHWEST CIUARTER 4F THE NORTHWEST QUARTER, SECTION 12, TOWNSHIP 3 NORTH, PUbNGE 1 WEST, BQI$E-MERIDIAN, AbA COUNTY, IDAHO, MORI: PARTICULARLY QESCRIBED AB FOLLOWS: sEQINNINC3 AT THE WEST Q4JARTER CORNER OF SAID SE~C'TION 12; ~ THENCE NORTH 89 DEQREEB 48'20" EAST 860 FEET; 'THENCE NORTH 00 DECiREE$18'08" EAST 3a FEET TO THE REAL POINT C1F BEGINNING; THENCE CONTINUINp NORTH ODD DEGREES 18'05° EA8T 117 FEET; "~HE.NCE SOUTM 89 I~EDREES 48'20° EA6T 148 FEET; THENCE SOUTH 00 DEpREES 18'06° WE8T 117 FEET; THlwhiCE NORTI-I BS DEGREES 48'20° EAST 148 FEET 70 THE POINT OF BEQINNING. ALSO KNOWN OF RECORD AS PARCEL II RECORD OF SURVEY N0.2226, REGARDED AUCiU$1' 14, A$ INSTRUMENT NO.9264822. ~/ ~ ~ ~~ ~ /J j END OP lEC4Al. DE;3C~lIPT101~1 ~ ~u~ a .fir: :~ ~ 1~?J leea ~~ ~-~r. -~ ,.~, . ~..-, i . ~,.~... ~r. OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GABS. Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chfef W.L. "BILL" CORDON, Pollce Chiet WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (2U8) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor August 22,1994 Gary C. Asin and Duane R. Stueckle ' 355 N. Orchard Street #201 Boise, ID 83706 "Courtesy Notice of Awareness" RE: Piedmont Subdivision Dear Mr. Asin and Mr. Stueckle, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning It has been brought to our attention that the property listed above is in violation of Ordinance #623 of the City of Meridian. As the owner of this property, you are responsible for complying with the enclosed ordinance involving weeds and waste matters. Please remedy this situation as soon as possible. If there is any problem concerning this, please contact our office. Your cooperation is greatly appreciated. .Sincerely, William G. Berg, Jr. City Clerk w m w av tD E w N N o+ fD w 0 b Ij n to c ~r w i/ E n x O O w m w ~t m v' a w a d ~- 0 0 O a w hj w co ~, A w c' fD a w m a ~ w O'' fA ~ w W N U7 rw O f~0 a x m o ~ ~ rrl o m m ~C F-+ w n ~ C O. wm G. O ~ ~ ~ o o ~ ~- o ~~ ob rn w rr o. ~~ wo Fh G ~ a~ c x w N r ~. v 0 p m ~o ~o F-+ V+ w t7 O co a as v ~ b n w b so n 0 r fD a R K r w O a ro n n w a m C O w "~ a ~d m 0 z d H C H H °z m w co a o• C ro r w rD ~mc~ow~v ~d~~~o m wwa~t rt ~ a cc rt o~ xwn w p I ~ 1 ~ I N I N W rb Nb 07 0 o rr b rt b M O rt O r't rf M N rt A~ 7' 1-t O'' 17 O' N ~~o~~~ mo~omm ~ ~ 0 0 m rn O r'I "~ tD O w M n 0 ~. a Pt w 0 "~ ~~! ;iii ~_ 0 m a sn b b °e a ft to n O a. w w O 0 0 N o+ ~'I C M N V r ~o ~o 3 IV L~7i ~..e mC)7~tn~C~?~~ Z2mD~Drrl ~mzvmzrN r37~Orv0'i ~_r~rv~m O~°~~~ZID- v ~ N=mr n<zm~-~ ~ mr~~-i= m~~D~D ~m N m W r ~oa°tiovo~~v~i ~D~~Z~ ~~z~~_z r~DZ~2 ~ ~ v ~ O N tn~~m --I N m ,~A,Q O"'-~~ Dv~~z ZpN~-n m OZm~~ mD~~ ~mv m _ r j ~ '^ (JI ~ 0 w ~ Y+ N ~ r N ~ N °m ~ ~ ~ ~ ~ v c n ~ m m r N O N r- z v D2 m r 2 Z O~' ~~ ~~ ~z O v C --I c ~- Z Z z c~n~c JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Gary Smith City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Street Name Signs for Meridian Subdivisions if~L'G~a'1/E~ ~ E ~ ~ 7 1495 Meridian city ~ This letter is in response to your correspondence of January 31, 1995 concerning the installation of street name signs in new Meridian subdivisions. Piedmont Subdivision was designed by Roylance Associates. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Roylance for a copy of the signed plat and we will order the necessary signs. Merrywood Subdivision Number 2 was designed by Johnson Engineering. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Johnson Engineering for a copy of the signed plat and we will order the necessary signs. Cherry Lane Village Number 5 was designed by Paul White Development. The signs were not ordered because ACRD was not notified that the final plat was approved. Paul White has indicated that he expects to finalize the plat within the next ten days. We will order the necessary signs when the plat is fmalized and we receive a signed copy. ACHD has received the fmal plat for Meridian Greens Subdivision Number 3 -Phase 2A. The signs nave been ordered and Glenco Development has been notified ghat they are reauy nor installation. Hunts Bluff Subdivision Number 2 was designed by Far West Development. The signs were not ordered because ACHD was not notified that the final plat was approved. We have contacted Far West Development for a copy of the signed plat and we will order the necessary signs. As we discussed, the needed signs for the Tall Pine Place/Pine Street intersection of the Conifer Subdivision were ordered and installed on September 29, 1994. The stub street to the east of tall Pine Place was not named in the plat as therefore was not signed. I suspect that the roadway will be named once the adjacent parcel redevelops and the stub street is extended. • ~~..:a'~..• a ~~ ~ :~::.,:, p~~ ~~ r ,1 AlCS&~4d'AHp~L~~~i ada c®unty highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~~ 9 0 0 w 0 q ~o o_~ ~~' 71$0 BASIS OF BEARING v Pt ~D ~ 7 a www w UNPLATTED N .~~ ~ ro Q r m ~ n- ~ ~- 9 ~ ~ m ,w , -i ~ ~ • ~~ M" ~ ~4 ~~ ~~ ~~ ~~ aa~ 1~ ~ ~/ y QQIfK ,~ ~o Z • ~ ~~ ~ yyyy O~ N x~ ~~ ~y ~» o- _r _~ __ ~ ~ ~r ' 09 z~ m ~~ ,- 0 ~m ~r +ZD -i r°~~DC= ~m0 ~O~ o-- ~ ~o ~o a Z 0 N~ ~ o H C ~ ~ Z zoC oCZ ~ O y ' i G Q O : .. ~ z m i ~ ~~~ ~ ~ v ~ r }/~ 1~ 1 ~ y 0 ' C J~ 1 ``~ O ~' 4 r7 C '9 O ~1 C s DATE: ~ MERIDIAN CITY COIL AGENDA ITEM NUMBER ~ APPLICANT: REQUEST: AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - COMMENTS: ~~- MERIDIAN SCHOOL DISTRICT - 5'~' MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTDRNEY - MERIDIAN PLANN I.NG D I RECTOR - ~ ~Lt~~a~ OTHER COMMENTS• OFFICIALS WAYNE S. FORREY, AICP, City Cierk 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 P-c~ne (208; 888-4433 rAX (~OSj 887-4813 GRANT P. KINGSFORD Mayor ~~~~ X14 d ~ 2 1993 CpT~ ~F I~FRI~~AI~ COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning ri< Planni 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 Meridian ~ ~ , may we have your answer bye 1 I49 3 TRANSMITTAL DATE ~ ~ ~ " 5 ' q3 -..w~°,~~JEt~RI1VG DATE = 1 2' 7' / 3 .:. ~.,.. . RE(~UEST ~ ~~~ ~~G ~ ;.1 rt-~ ~~-t.l~~G~t~11~4~~__ r BY : 1~ Q ~- 3.~..rn~ ~. ~ ~~ - - LOCATION OF PROPERTY 1 .~ .~„ . ~i _~ _ 1 -}_. ,~;~~:;- OR RRGJECT: JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/I CHr`iRLES ROUNTREE, P/Z TIM HEPPER, P/I GRANT KINGSFORD, MAYOR RONALD TOLSHA, 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 CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER • HUB OF TREASURE VALL~ A Good Place to Live CITY OF MERIDIAN .. ~~~:.; ~z. _ ~ ~ ~~k ,,;_,~E~IDIAN SCHOOL - TRICT ; '~~`~"-MERIDIAN POSIT OFFICE (PRELIM AMD4 fINAI PLATS) `'~. ADA COUNTY HIGHWAY DISTRICT . ..~,~:~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT lifALTH ' x `~ NAMPA MERIDIAN IRR.vOISTRTCT SETTLERS IRR"LGATION'DISTRICT __IDMIO POWER C~("pRELIM AND FINAL PLATS ) -_-l~rS:~WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CTTY FILES ~/ / ~ ~/~ OTHER: i YOUR CONCISE REMARKS: ~ ~ 1~'ge-rya f ~L~t~ ~ 7~~~#e ~ ~ • ~~ O c~ ~ar.S /Zc~ Q ~~ • • SUPERINTENDENTOFSCHOOLS ~~~ Bob L. Haley oa EXCEL DEPUTYSUPERINTENDENT ~ ~ ®~ 1 2 X993 Dan Mabe, Finance S Adminlstratlon ~y DIRECTORS ~~~\~~A 1 tni+ Sheryl Belknap, Elementary ~` ~~T~ ~~ ~~~~~~~~~ Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083842 PHONE(208)888-6701 November 11, 1993 City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Piedmont Subdivision Dear Councilmen: I have reviewed the application for Piedmont 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, ~. ~~ Dan' Mabe, Deputy Superintendent DM:gr cn ti N _~ 0 M .F• W m r n- w .O O 1 b c r o- cn `~' -fP• .r A R O 1 GI O o m crsl ~ 1„~11 ry 1 ~ pp pp I W ppga U1 K p ~ u e° pp Q t ~ ~ S .~ u n P• ' F I o- ~u°I F qq I , 4 ~ I ~ O I ~O O 1 M I A I i ~ ~ i yOr ~ ~ ~ ~ r pp L¢ ~ f n Uap n VI t A r. rt qap r p P ~ a W m =I M~v nCap @ R p tl it 4p w n 0 p ~ ~ rya tl UI p / `a b -0 pp Y „ ti .D U W • pl ~ pper.. m F .O r r cD at r F m 1 am- rx'- rn `n~ ~~ AI .'.t..l "r a z T W t rO- ~~? cn r• m ii co n, r ii wwv u~-~ n ii z% nom'', n .-.vm u a wi~io m u ~, h W .O V ~ 1u r i~ rl -~i, ~Cw}~. !I G ~ •` n o "1 11 r m GS T ~ n .D Cil W T pu ~ v i ~~~up ~ ro eCCp vl ~' O o eH q cQy}ll Gi T r t w T c t r .p• T •2-1 t7 1 is eR >p 1 1 ? ~ r .p I{ t ? ~ ~ I ~mr-. 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' rl' j Cu o v u ..l W O m G ~ t m~ • r W iD C.a W W V .p `n r Qy I,,qp~p i m •. ~J1 V 0 ~ r 6 C F W Q F r s. jja m rm T V _. ._- { I • 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 Memorandum ® HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAI~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor To: Mayor, Council Members, Planning and Zoning Commissioners. From: Wayne S. Forney, AICP - Pl Director ,. Date: 10 November 199 ~r ~~~' Regarding: Final Plat of Piedma Subdivision COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI This Final Plat comiplies with th~,current and proposed Meridian Comprehensive Plan and the original concept aftlPrelinlinary Plat.' This project also srapports the dit-ersitied housing and infill policies in the Comprehensive Plan. This Final Plat comply, with the minimum requirements of the Meridian Zoning and Development Ordinance with the understanding that the 1400 sq.ft-min. house size applies to this subdivision. A homeowners association should°le}created for this sdivision to enforce covenants and the landscape lot which is lot #7. • 6s~~~ ®~ ~~Rf®~~~ Description ~~,~,~,~~,~,,~~: Sheet ~ of ~_ CENTRAL • • ®® DISTRICT .HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID. 83704 • (208) 315-5211 • 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. 94-224 May 5, 1994 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: PIEDMONT SUBDIVISION Dear Mr. Navarro: ~~~~~ -- MAY 1 2 1991 CIT~f ~~ t~i~~r~~~ Central District Health. Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 5, 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 - Washington Plaza Roylance & Assoc. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise • Meridian 707 N. Armstrong PI. 160b Roberts Boise, ID. 83704 Boise, ID. Enviro. Health: 327-7499 83705 Ph. 334-3355 Family Planning: 321-1400 324 Meridian, ID. Immun¢ations: 321-7450 83642 Ph. 8886525 Nut~ian: 327-7460 WIC: 321-7488 Elmore County Office 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587-4407 Elmore County Office of EnvQanmerdal Health 190 S.4th Street E. Mountain Home, ID. 83641 Ph. 587-9225 Valley County Office P.O. Box 1448 McCap, ID. 83638 Ph. 634-7194 CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division >~r~ t~: X993 ^ Eagle ^ Garden city Meridian Conditional Use # ^ Kuna Prelimina Final Short Plat ~/~~J1t°I ®/l/~ .s~~ jj/~/~,S/~i~ ^ 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 ground water ^ 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 ^ communiry sewage system ^ communiry 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 ^ 13. Date: ~, / / Reviewed By: CDHD 10/91 rcb, rev. I I/93 j0 • Meridian City Council November 16, 1993 Page 2 Kingsford: Any questions from the Council for Mr. Forrey? Corrie: Mr. Mayor, how was Vern's feelings on your proposal? Forrey: Positive, and your suggestions Councilman Corrie were received well by all there, their staff and the Commissioner, but unfortunately the other 2 commissioners were not present. Corrie: Thank you Mr. Mayor Kingsford: Any other questions form the Council? Forrey: Thank you Mayor Kingsford: What is the Council's pleasure? Yerrington: I move we table this issue until our first meeting in December. Giesler: Second Kingsford: Moved by Max second by Bob Geisler to table the Comprehensive Plan until the December 7th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINAL PLAT: PIEDMONT SUBDIVISION BY ROYLANCE AND ASSOCIATES: Kingsford: Does the Council have any questions for staff or for their engineers on Piedmont Subdivision? Tolsma: The Fire Chief had a comment on Lot 7 - Block 3 he says need to kept clean of trash and weeds and a turn around on State street, they'll need (inaudible) Kingsford: Dave, would you like to come forward and address that please. Roylance: Do I need to be sworn? Kingsford: No Roylance: Okay, I didn't hear the question. Tolsma: The Fire Chief .had a comment on there that said that the Meridian City Council November 16, 1993 Page 3 landscape lot, lot 7-block 3, they would need a turn around into that end of town on State Street. Roylance: I guess I still don't understand the concern. Kingsford: There are 2 different issues, first off the lot 7 - block 3 saying it will need to be kept clear of trash not be afire hazard. You need to have some provision to deal with that. Second thing the Fire Chief is talking about is there needs to be a turn around on State Street. Tolsma: On the end down here. Roylance: We can deal with both of those issues. Corrie: Mr. Mayor, Mr. Forrey's comments it said the Homeowners Association be created in the subdivision before its covenants, and the landscape lot #7, are you going to have that in the Homeowner Association with this. Roylance: To take care of the lot, yes we are. Corrie: So is it a mandatory Homeowners Association? Roylance: Yes, I think it would have to be. Kingsford: Is that spelled out in the covenants, Dave? Roylance: I don't think it is at this time, you can make that a condition of approval, I think it needs to be addressed in my opinion that is the best way to do it, is make it a mandatory Homeowners Association and they own the lot and they maintain, and there is an assessment, that would be the way to do it. Corrie: Excuse me, one other thing, they also mention this 1400 square foot minimum house size, does this apply to this subdivision, I don't have my original plat here, are these minimum 1400 square foot homes and above or are you? Roylance: I don't know that we have thought about that yet, is that a requirement of the zone? Corrie: On a R-4 it is. Roylance: Yes, than I guess that's what we would have to do, I don't know that we thought that through. Apparently there is no provision to ask for relief from that if we choose to? • Meridian City Council November 16, 1993 Page 4 Kingsford: Not in an R-4. Roylance: Okay, thank you. Kingsford: Any other questions of Mr. Roylance or staff? What is the Council's decision? Corrie: Mr. Mayor, I move we approve the Final Plat of Piedmont subdivision with the condition that the City Staff comments all be satisfied and also the comments made by the Planning Director be complied with specifically the 1400 square foot minimum house size and also the Homeowners Association being created and forced for covenants. Kingsford: Will you include the Fire Departments? Corrie: Yes, and the comments of the Fire Chief. Tolsma: Second Kingsford: Moved by Bob Corrie and second by Ron to approve the Final Plat of Piedmont subdivision conditioned upon the City Staff comments being met, the required Homeowners be in the covenants, that the 1400 square foot lot size and that the Fire Chief's recommendations on those 2 issues be met all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: WATERBURY PARK #2 SUBDIVISION BY CAPITAL DEVELOPMENT CO.: Kingsford: Does Council have any questions for staff or their engineer? Corrie: Mr. Mayor, it looks like we've got a similar situation here on Waterbury Park #2, in reference to street frontage and the 1400 square foot minimum plus the landscaping and covenants, is the representative here to answer those and also the Fire Chief's comments. Kingsford: Is there a representative here from Waterbury or Capital? Apparently not. Tolsma: I have one question, is that street at the east end of Waterbury Park (inaudible) HUB OF TREASURE VALL~ A Good Place to Live OFFICIALS COUNCILMEN WAYNE S.FORREY.AICP,CItyClerk JANICE GASS Treasurer CITY OF MERIDIAN A RR . OBEATGESLER BRUCE D. STUART, Water Works Supt. WAYNE G. CAOOKSTON JR Attorney 33 EAST IDAHO MAX YERRINGTON , .. JOHN sHAwcAOFr, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWEAS, Fire Chief + Chairman Zoning 6 Planni BILL GORDON. Police Chief Phone (208) 888433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor 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 Meridian ~ ~ , may we have your answer by : ~Q /~1® 11-IS•~.~ C -l-J~-2~ TRANSMITTAL DATE: I 1 ~J - 9',3 -•-°~--,~t1Er~RING DATE: REO BY- LOCATION OF PROPERTY OR PROJECT :~~330 ~~ ~5 a,~ ,.~ ~-- ` - l - 1 A --~-. JIM JOHNSON P/Z 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 CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ,~,Mt"~iDTAN SCHflOI ISTRICT "~~MERIDTAN POST OFFICE (PRELIM ApD FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR.wDISTRICT SETTLERS ISRIGATION-DISTRICT IDAHO POWER.. Cq..-f PRELIM AND FINAL PLATS ) °l1~S:~WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: •' LEIBMAN ADDITION N W16'06' [ m orw {~ ° I ~ ~~°° { 8 ~... ~~ ~N 3W R iA ~ YW w w C $I~ ~~ ~ ! . ~ '~ ~ ~ ~ 9~ ~ 01 r i w,. ~ p p p ~ ~ q t0 > 9 b V OI n Y r p wv O e V -I r 8 W1B'04 t11TAD Ju i w ~ e~ ~ I O 9 2 ~ a W a N P I1 g I~ p $ ~ ~ ~I ~ 0 gp 9 °'W 6 r °0 w9° • c gg o ~A ~, ~ -' s ~ A ~~ $ Ip ~ i f ODItO!f t wJAP YNPLATTCD ~~ ° ~ ~ $~ ~a ~ ~.~ Z'~ [ 9 y Au ~~' @ ~Z ~ 9 k W s ~ ~~ zz 8 C ~ s P A- Y p r ~~ a ~ ` s u= ~ 0 D ~ ~ D ~ ~~ '~ ~ ~ v ~$ ~~ ~ mem 9301-1.~0 PRELIMINARY PLAT °r rrw a PIEDMONT BUBDM810N OOO 1 1 A ROYLANCB AND A88001ATE8 PA oo O~ rsngineere 8urvwyore Landplannern D^ r-w~' n-+e' i ~ / 1919 Ertardd sviti o-s Bwn wda e37a9 (sae) ax-~s9o ~ z a o a < W . ~ ~ ~~ ~ ~ ~ 0 ~ ~d a F ~~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ r 0 9 ~ ~ q 0 LA ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~v ~ ~ ~ ~ ~ ~ ~ o a (~ y o a ~~ a ~~ ~ Yl ~ ~ W W s ~ ~~ ~ ~~ ~~ < ~ ~ ~ t5 N ~s ~ ~~ ~ J ~~~ ~ ~ ~ ~~ a~ ~ 9 tW- ~~ a~ ~~ ~ ~ ~ ~~ ~~ e ~~~~~ ~ ~ ~s ~~ a ~~ ~ ~ ~~ ~ t W~~ ~ ~~yy~~ ~ g~ P~ > ~~ 9 ~ ~ A W n ~ ~~ ~ ~ ~~ ~ ~ ~ ~ <~~ ~ ~ J m m~~ ~ Z ~' ~ ~ ~ ~ ~ ~ .. a ., .~ ~o o n m o ° L J ~ n. O Z~ 0 B o M e O ~' o~~ NF ~ t; 0 JZ~ a~~ ~ ~ 0311V1d NO a ~ @@@~~~ la M ,I%attq B . .LPBtt i .C091II1 67 ` ~ ~ .ao~ .y aozat F,e a metao a t M t ~ ao'aa a .soar c us s ~~ 8 ~ M W 0 ~ 4* ~ ~ A %= I N ~ M ~~ 3~ ~ z Ftl a o_ .oo~tttM saetoo a J F it t c '0io ~a ~ .~, ~ n n atwo a 6 W g J ~ ~ ~ 'rot ~ ~ •° fta» ra ~ ~ ~ ^W N .OCdEt 4~6 ~~ .Yt f t I 3 I~ M i i ; & a ~- .sa I .sa ~ ~ - g - = ~ ~ ~ ~ ~ M N ~ ~ ~~~ : s^ >, o i I .Qatar ~ .~ ~ '~~ 3 SD.alDO N ~ a~ ~ ~ p~ i • ~ g i I $ ;+ ^' ~NOI1100V e~ ~ ~~~ 1 3~ I N V w s. t a i w .cawea ~~ ~~ j I ` ~~~8-11~1~1e daarnl ~ -r ~ ~ M ~astm s ~ ~MltlY38 d0 SISVB ~~ I ~~~~ ~~~~ ~~ 0 w 0 S 0C7B'~'-W ~ w. ~>~a Ro --- ~~ BASIS DF BEARINti • LEISidAN - $ ADDITION ~`~'_ "'~ S2 mV S~3 mo~ 3 A B2 UN g3 .of ~8` 381 ~~t 3R` Z . PPY Y 'Y P '~ P YY'S +'Y m" 8 O ~ ..° ~ ~ ~ N . I V,~ ~ ~~~ B ' ° ~r ~ .t m~ + ~~ t~ ' A'P 'm~ 4°~ I~ P~ ~ u ~ ~ ~i~~ !a R }} ' +~ aa P+ {{ ~P ~~t ~~.11 ~~ YO ii m+ ~ ~ mzm z wz zm zw mw zz zz zz gEn tm g m ga Em~ n~g gE gm ~~ N ~ ~ o ~ ~ s s ~i ~~m ~~ o • r ~S~ 1AO ~ m~ m -- ~ ~' I a ~~~v~ ~~ ~ ~ -~ 7D n °~a>~ < q~ol w /~ O O~ ~ yI ~ ~ - ~ /S _. \/ 00m~0 o ~ Dp N~1 J ~ ~ < 7 m ~ Z '71 iGG~~ C r z z Z m ~~~~~ ~ ~ ~s~~~ D mmm~ m ~~~ ~ m UNPLATTED i~~ N ~~ ~~ yo`~ ~~4 8~~ ~o ~m n m v ~~ ~~ ~~l V u w ~Fd i8 ~~' ~~ ~ ~~ ~~ ~~.~ ~~ ~~ o ~~_~ s ~s ~ ~~ o m m ~~~ ~ ~~ f ` ~~ ~~~K ~~~ ~ i~~~ ~~~~ ~~~~~ ~~~ ~$~ ~ S~ ~~~ ~~ ~$~ ~~ ~~~ ~ ~~~ 4 N ~.o•.oo~ o= o- _r 1r o '~ Z y r ~~~~~m K °Z ~ ~ m m ~~~~~~° z ~ ~ ~ ~ ~~ 0 /mom W ~ ~~ ~ n o r- s v • • DF.(:T.ARATiON OF ~OVENANTS~C'ONDITIONS AND R STRCTTONS FOR TRF PIEDMONT SITBiIiVISTON THIS DECLARATION is made effective on the day of , 1994, by WASHINGTON PLAZA, an Idaho Partnership, hereinafter referred to as DECLARANT". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property", more particularly described as follows: All of the land within the boundaries of THE PIEDMONT SUBDIVISION Phase 1, according to the plat thereof recorded in Book of Plats at pages thru ,records of Ada County, Idaho. NOW, TI~REFORE, Grantor hereby declares that the Property 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, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, unprovement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property. or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. SUBDIVISION/COVENANTS/PAGE 1 • 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to The Piedmont Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficoary~e holder, which mortgage or deed of trust encumbers parcels of real property Property. 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereinafter amended and supplemented from time to time. THE PIEDMONT SUBDIVISIONICOVENANTS/PAGE 2 • 1.11 "Declarant" shall mean and refer to Washington Plaza, an Idaho Partnership, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. 1.12 "Grantor" shall mean and refer to the Declarant. 1.13 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.14 "Lot" shall mean and refer to a Building Lot. 1.15 "Member" shall mean each person or entity holding a membership in the Association. 1.16 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.17 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. . 1.18 "Plat" shall mean the recorded Plat of THE PIEDMONT #1 and the recorded Plat of any other Properties annexed hereto. 1.19 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.20 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated upon a Lot. PIEDMONT SUBDIVISION/COVENANTS/PAGE 3 i ~ 2.1 Land Use and Bu'ldin_g~ypg~ Not Lot shall be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Boazd may, in its discretion and upon request by an Owner, allow an Owner to conduct a "gazage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Sipe L imitations. Split level and two (2) story Units shall have not less than 1300 squaze feet of interior floor azea, exclusive of porches and gazages. All other units shall have not less than 1300 squaze feet of interior floor azea on the ground floor of the main structure, exclusive of porches and garages. 2.1.2 Games. Each Unit constructed with the Property shall include at least a two (2) car, enclosed gazage which is an integral part of the Unit Structure. 2.1.3 Roo Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. said requirements as to the approval of the azchitectural design shall apply 9only to the exterior appeazance of the improvements. This Declazation is not intended to serve as authority for the Architectural Committee to THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 4 • control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Fxterior Maintenance; Owner's Obligations. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times bye 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 damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot shall have the right to correct said condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, an~ his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, 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 amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a lien shall be applied to the Lot. 2.4 Ir- }~rovements T ocation No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be tamed on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Excessive barking of dogs shall be considered a nuisance. THE PIEDMONT SUBDIVISIONICOVENANTS/PAGE 5 ~ i 2.6 ~Pmnor Stru ~res._ No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 , iens. No sign of any kind shall be displayed to the public view on any Lot except one sign of any more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refinding, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells tanks, tunnels, mineral excavation or shafts be permitted upon the Property. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No more than two household pets shall be allowed per unit. All household pets shall be confined to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set- back line where applicable. Dog Wins or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 ~-arha~P a_nd Re ce Disposal. No rubbish, trash, garbage, refizse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water un=nly. No individual domestic water supply system shall be permitted on any Lot. 2.12 e~ age Dis o~cal No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. • • 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.12.3 The applicantlOwner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of any chazges herein stated. 2.13 S~,ght Distance at Intersections_ No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangulaz area formed by the street Property lines and a line connecting them at points (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 Declarant's Ries Declazant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boa ~ Ca, pert, and Other Vehicles No boats, trailers, tractors, recreational vehicles, (i.e. any trailers, campers, motor homes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similaz equipment, motorcycles, snowmobiles, trucks (working or nonOworking) greater than three-quarter (3/4} of a ton in size shall be pazked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper, trailer or recreational vehicle which is in good repair and working order may be stored on the side yazd of a Lot THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 7 • between the front and rear yard set-backs if screened by a six foot (6') fence and if the vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven (27) feet long and ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 ~ No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self- contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, (except such picnic fires in portions of said common Areas designed for such use or) except such controlled and attended fires required for clearing or maintenance of land. 2.19 i~.in ''ghtly rti i No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural committee. "Screened" is defined as being concealed or made non-visible from eye level, at ground level, at all points within the Property. 2.20 T i~ht,~SoLnd- C7e_n_eral. No light shall be emitted from any Lot or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shad be emitted on any property which are noxious or offensive to others. 2.21 Construction_ During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extend necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 8 • i 2.22 Re- .onstruction._ IN any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re-construction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.23 ~~ra;~+Pnance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 Fences. All fences shall be of vertical cedaz design and construction. No chain-link fences, grape stake fences or fences of basket-weave design shall be allowed. Side fences corner lots may extend only from the reaz Lot line to rear line of the residence. All fences shall comply with City of Meridian ordinances. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set forth in all Plats aze hereby incorporated by reference and notice is hereby given to the same. 2.26 Front and Side Yards. The front yazd of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yazd azea of each Lot must be planted with sod, seeded and/or landscaped, within six (6) months of occupancy of the Unit. The failure of the Owner to timely comply with this pazagraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2, 3, or any other provision of this Declazation. 2.27 N~~. No excavation material, grass or yazd clippings, rubbish, trash, gazbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declazant or the Architectural Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. 3.1 O~v^er's Easements of Enio~ent. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 9 ~~ 3.1.1 The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 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 agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the Association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3.2 De~,~,g?+ion of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, gusts, tenants or contract purchasers who reside on the property. 3.3 lelama .Each Owner shall be liable for any damage to such Common Areas or other property owned or maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner or of his family and guests, tenants or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessment against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. Thy PIEDl`~IOl`TT HOb~O~x~:ERS' ASSOCLATiON 4.1 ~gani~atinn of Association.. The Piedmont Homeowners Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non- Profit corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 4.2 Membership Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 10 • maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except as hereinafter set forth with respect to voting. Memberships in successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 Vow The Association will have two (2) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declazant, and shall be entitled to one (10) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons wholly be members, the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 4.3.2 S'la~ss B. The Class B member shall be the Declazant. Upon the recording hereof, Declazant shall be entitled to three (3} votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to class A membership on January 1, 2010, or when the Declazant no longer owns any Lots within the property subject to the Declazation, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Boazd of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declazation as the same may be amended and supplemented from time to time. 4.5 Powers a_nd Duties of the Association 4.5.1 Powers. The Association shall have all the powers of anon-profit corporation organized under the general non- profit corporation laws of the State of Idaho subject only to THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 11 • • such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the property management and operation of the Common area and the performance of the other responsibilities herein assigned, including without limitation: 4.5.1.1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 4.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power to delegate. • 4.5.1.4 Association Rules. the power to adopt, amend or repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which ate consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners, families of the Owners, or by invitee, licensee, lessee or contract purchaser of any Owner; provided, however, that the Association rules may not discriminate among 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 and posting, said Association rules shall have the same force and effect as if they were set forth in and are a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emerged Powers. The Association or any person authorized by the Association may enter upon any Lot 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 it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 T.icpngec_, EacemPntc and Ri ts-of-Wav= The power to grant and convey to any third party such licenses, easements and rights-of--way in, on or under the Common Area as may be necessary or THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 13 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, for the purpose of constructing, erecting, operating or maintaining: 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; 4.5.1.6.2 Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and rights-of--way aze hereby expressly reserved to the Association and maybe granted at any time prior to twenty- one (21) years after the death of the individuals executing this declaration, on behalf of the Declarant, and their issue who are in being as of the date hereof. 4.5.2 Thitie. of the ssociation. In addition the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 4.5.2.1 Tns~rance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. 4.5.2.1.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of Tim PIEDMONT SUBDIVISION/COVENANTS/PAGE 14 • the Common Area or their property owned or managed by it. Limits of liability of such coverage shall be as follows: not less than Five Hundred Thousand Dollars ($500,000) per person and Five Hundred Thousand Dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. 4.5.2.1.2 Full coverage directors and officers liability insurance with a limit of two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 4.5.2.1.3 Such other insurance including workmen'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 their person charged with the management or possession of any Association funds or other property. 4.5.2.1.4 The Association shall be deemed trustee of the interest of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their. interests in such proceeds and to deal therewith. 4.5.2.1.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.2 Rule Makina~ Make, establish, promulgate, amend and repeal the Association rules. 4.5.2.3 A*~h;rPctural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 4.5.2.4 Dr i yc mc. Operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. ~ pr~r~~Rn~rr cT rRnTVT~TnN/COVENANTS/PAGE 15 4.5.2.5 Subdivision Approval ResponsibLties_ Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals. relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or 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 Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. 5.1 Creation of the Lien an_d Personal Obligation of A. a anent . Each owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association; 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessment for capital improvements, such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as hereinafter provided. The Regular, Special and Limited Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. each such assessment, together with interest, costs and reasonable attorney' fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. THE PIEDMONT SUBDIVISIONiCOVENANTS/PAGE 16 5.2 Pose of Assessments. 5.2.1 Regular Assessments. The regulaz assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfaze of the residents in the Properties to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties and business of the Association. 5.2.2 ~necial Assessments for Capital rovement. IN addition to the annual regulaz assessments authorized above, the Association may levy, in any assessment yeaz, a special assessment applicable to that yeaz only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regulaz assessments, including fixtures and personal property related thereto, provided that any such assessment shall be approved by atwo-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay cone-time special assessment of Thirty and no/100 Dollazs ($30.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational costs for the Association and general costs of operation. 5.2.3 T .imited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for property or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner. THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 17 • . 5.3 ~~aximum Annual_ Reg»1ar c e anent The initial maximum annual regulaz assessment to be assessed by the Association shall be Twenty and No/100 Dollars ($20.00) per Lot per year. 5.3.1 The maximum annual assessment may be increased by the Board each yeaz by no more than ten percent (10)% above the maximum assessment for the previous yeaz without a vote of the membership of the Association as provided below. 5.3.2 The maxunum annual assessment may be increased above ten percent (10%) by atwo-thirds (2/3) vote each class of the members who aze voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 The Boazd of Directors of the Association may fix the amount of the annual assessment at an amount not in excess of the maximum as established from tune to time. 5.3.4 The total annual regulaz assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regulaz assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the different between the total annual assessment levied against lots owned by the other parties, other than the Declazant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal yeaz. 5.4 l~:otiee and Ouorum for arLV Action Authorixesl iTncipr S .c~t;nnc _5.22 and 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 18 5.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a~uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. ' 5.6 l~atP of Commencement of Annual Assessments -Due Dates. The annual regular assessments or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 5.7 Effect of Non-Pavrnent of Assessments -Remedies of the Association• Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (21%) per annum or at the highest rat allowed by law if such rate is less than 21%. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5.8 Subordination of the Line to Mortga~ The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment line. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 6.1 Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of two (2) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: • Gary C. Asin 555 N. Orchazd. Suite 201 Boise, ID 83705 Duane H. Stueckle 200 Pazkway Drive • Boise, ID 83706 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 6.2 R~~,h__t of Appointment avnd Removal. At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Boazd of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 Review of Proposed Construction.. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declazation, and perform such other duties as from time to time shall be assigned to it by the Boazd of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declazation, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures, and the upkeep and maintenance thereof will not become a burden on the Association. 6.3.1 Conditions of Ap rp oval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, any may require submission of additional plans and specifications or other THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 20 • • information before approving or • disapproving material submitted. 6.3.2 ~^,,,ri.~ff~ Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed Twenty-Five Dollars ($25.00). Such fees shall be used to defray the costs and expenses of the committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 6.3.3 D tailed Plans. The Committee may require such detail in plans and specifications submitted for its review a.s it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 ('^*^*n~*+ee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said ~ prR1~MnNT SUBDIVISION/COVENANTS/I'AGE 21 • seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 M. PP+' s of the Committee_ The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 6.5 No waiver of Future Ap rp ovals. The approval of the Committee of any proposals or plans and specifications or drawings for nay work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6Comnencation of Members. the members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 6.7 I, nsnection of Work. Inspection of work and correction of defects therein shall proceed as follows: 6.7.1 Any member of the Committee or its representative may inspect the work at any time during construction or within 30 days after completion of construction. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within a sixty (60) day period, specifying the particular non-compliance, and shall require the Owner to remedy the same. 6.7.3 If for any reason the Committee fails to notify the Owner of any non-compliance within sixty (60) days of • completion of the construction, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to nay Owner or Crrantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or 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. Such variances must be evidenced in writing; must be signed by at least two (2) members of the 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 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 of any Supplemental Declaration for any purpose except as to the particular property and particular provisions 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 his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any governmental or municipal authority. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES 7.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its successors or assigns, at any time, and from time to time, without the approval of an Owner, the Association or its Board of Directors provided that the FHA and the VA, or the HUD representatives thereof, determines that the annexation is in accordance with the general plan heretofore approved by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant, and FHA and VA< or the HUD representatives thereof, may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictionism, reservations and easements as are continued herein which Declarant and FHA and VA< or the HUD representative thereof, deem not appropriate for the other properties. 7.2 Additional Properties. Subject to the provisions of Section 7.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. 7.3 Proc.~dure for Annexation. The additions authorized under Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate~the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration ma contain such additions, modifications or declarations of the covenants, conditions ,restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant and FHA and VA, or the HUD representatives thereof, desirable to reflect the different character, if any„ of the other properties or portions thereof or as Declarant and FHA and VA, or the HUD representatives thereof ,may deem appropriate in the development of the properties or portion thereof. 8.1 Maintenance and Use easement Between Walls and Proper Lines. The Association or owner of any lot shall hereby be granted an easement of 5 foot (5') width on the adjoining properties for the purpose of maintenance of fence and/or landscaping so long as such use does not cause damage to any structure or fence. 8.2 Other Maintenance Easements. Easements for installations and maintenance of utilities and drainage facilities aze reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easement is hereby reserved in favor of the Association for access to and maintenance of nay irrigation facilities serving the Common Area, if nay. 9.1 F,nforcement. The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, lines and chazges now or hereafter imposed by the provisions of this declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. THE PIEDMONT SUBDIVISION/COVENANTS/PAGE 25 • • The covenants and restrictions of this Declaration 9.4 TP~nd e-mPn~ment. 20 ears from the date this shall run with and bind the land, for a term of ~'~ be aut matically extended for after which time they ed b seventy-five percent Declaration is recorded, to change said successive periods of ten (10) years unless an instrument sign eeing (75%) of the then Owners of the L Declaration may be eame ded, restated, replaceda covenants in whole or in part• TES eriod b an instrument signe terminated or superseded during the first twenty (20) Yom' p y of the Association affirming that such amendment was by the President and Secretary this Declaration or by approved by two-thuds (2/3) of the Owners of the Lots covered ovided, however, that if two-thirds (2/3) of the Lot Owners; p not be amended an instrument signed by hots the provisions of Article VI may Grantor is still the Owner of any without the written consent and vote of the Grantor. SS WHEREOF, the undersigned, being the Declarant herein, has IN ~~~ da of _, 1994. hereunto set its hand and seal this _ y WASHINGTON PLAZA AN IDAHO PARTNERSHIP BY: GARY C. ASIN PARTNER ----~_crutnTViSION/COVENANTS/pAGE 26 3 gaS ~ ~ .n ~~ s ~~ DECLARATION OF COVENANTS, CONDIITON RF TRTC''TTONS FOR PIEDMONT SLT3DiVigTON THIS DECLARATION is made effective on the day of , 1994, by WASHIAtC~ TON PLAZA, an Idaho Partnership, hereinafter referred to as 'DECD'. ViTI~ItEAS, Declarant is the owner of certain real properly in the County of Ada, State of Idaho, hereinafter referred to as the "Properly", more particularly described as follows: All of the land within the boundaries of PIEDMONT SUBDIVISION, according to the plat thereof recorded in Book of Plats at pages thnt ,records of Ada County, Idaho. NOW, TT~EREFORE, Grantor .hereby declares that the Properly and each Lot, parcel or portion thereof', is andlor shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protectioq maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Properly. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or intersat in the Properly or arty Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Properly and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and hie respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on arty portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. PiF,DMONT SUBDT{TISIOATlCOVENANTSlPAGE 1 • • 1.1 "Articles" shall mean the Articles afIncorporation ofthe Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Aesessmerits of the Association ae further defined in this declaration. 1.3 "Association" shall mean and refer to Piedmont Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Properly tinder the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association 1.5 'Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1.6 'Board" shall mean the Board of Directors or other governing board or individual, if applicable, ofthe Association 1.7 'Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Properly with the exception of Common Area. 1.8 "Bylaws" shall mean the bylaws of the Association. hereof 1.9 "Committee" shall mean the Architectural Committee described in Article VI 1.10 "Declaration" or "Supplemental Declaration" shall refer to this declaration se hereinafter amended and supplemented from time to time. PIEDMONT SUBDI`JISIC7NICOVENAI~1'I~/FAGE 2 • 1.11 "Declarant" shall mean and refer to Washington Plaza, an Idaho Partnership, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. 1.12 "Grantor" shall mean and refer to the Declarant. 1.13 "Improvement" shall mean arty etr-ucture, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, raider or in arty portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.14 "Lot" shall mean and refer to a Building Lo>~ 1.15 "Member" shall mean each person or entity holding a membership in the Association. 1.16 "Mortgage" shall mean and refer to arty mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trusk 1.17 "fawner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to arty Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.18 "Plat" shall mean the recorded Plat of PIEDMONT SUBDMSION and the recorded Plat of any other Properties annexed hereto. 1.19 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may herea$er be annexed and brought within the coverage ofthis declaration as more particularly provided for herein. 1.20 °Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated ton aLo~ PIIDMONT SUBDIVISIONICOVENANTS/PAGE 3 • • 2.1 Land Use and Building ~+~ No Lot shall be used except for resideutial proposes, and no Lot or the Cotntnon Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lok No improvements shall be erected, altered, placed or permitted to remain vn any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1400 square feet of interior floor area, exclusive of porches and garages. All other units shall have not less than 1400 square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages. 2.1.2 des. Each Unit constructed with the Properly shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such oilier material as maybe approved by the Architectural Committee in writing. 2.2 Architech~ra_i Control. No improvements which will be visible above the ground or which will ultimately afl'ect the visibility of guy above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Properly, unless and until the building plans, specifications, and plot plan have been reviewed in .advance by the Architecdiral Committee and the same have been ~pi-oved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mesa and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural 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 of design of buildings except to the extent incidentally necessitated by use and size requirements. PIIDMONT SUBDIVISION/C4VENANTS/PAGE 4 ~.3 Exterior 1-~aintenance; Owner's Obl~ tia~ ons. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times by kept in good condition and repair. In the event that any Owner shall permit arty improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair sv as to create a dangerous, unsafe, unsightly or unattractive condition or damage to Properly or facilities on ar adjoining their Lot which would otherwise be the Association's responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot shall have the right to correct said condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manger as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot maybe subject to a mechanic's lien far all costs and expenses incurred by the Association in taking such corrective action, 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 amvu~rrts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on arty Lot shall suffer damage or deshuction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destrictioa If after ninety (90) days of ~cr da.,,, _ e repair, restoration or reconstrvction of such damaged or destroyed improvements have ~~ not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a lien shall be applied to the Lot. 2.4 Improvements Location. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat ofthe Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an armoyance or nuisance to the neighborhood. Faccessive barking of dogs shall be considered a nuisance. 2.6 T~.ut~orary Structures. No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on arty Lot at any time as a residence either temporarily or permanently. PIEDMONT SUBDIVISION/COVII~TTANTS/PACIE S 2.7 ~jgtts,, No sign of arty kind shall be displayed to the public view on srry Lot except one sign of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise ~e Property during the construction and sales period 2.$ Oil and Mining erati ns. No oil drilling, oil development operations, oil refining, quarrying or mining operation of arty kind shall be permitted upon the Property, nor shall oil wells, tanks, formals, mineral excavation or shafts be permitted upon the Properly. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Properly. 2.9 Livestock and Poulhv Nv animals, livestock, or poultry of any kind shall be raised, bred or kept on arty Lot, except that dogs, cats or other household pets maybe kept provided that they are not. kept, bred, or maintained for arty commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No more than two household pets shall be allowed per unik All household pets shall be cordYned to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted to be kept or placed within five (S) feet of a set- backline where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a streak All such kemiela or facilities shall comply with all applicable laws and rules. 2.10 Giarbage and Refuse Di~nosal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Stroaly. No individual domestic water supply system shall be permitted on any Lok 2.12 ~e~e Disposal. No individual sewage disposal system shall be permitted on arty Lok All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid a$er connecting to the City of Meridian public sewer system, according to the ordinances and laws ofthe City. PI>rDMONT SUBDIVISIONlCOVENANTS/PAGE 6 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to b® connected to the sewage system constructed and installed on and within its Property. 2.12.3 The applicant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of airy charges herein stated 2.13 Jght Distance at Ir-tersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points (30} feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10}feet from the intersection of a street property line with the edge of driveway or alley pavemenk No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 Declarant's Riga. Declarant reserves the right to construct residences and other improvements upon arty Lot and to offer the same with completed etnicturee thereon for sale to individual Owners. 2.1~ Boats Campers, and Other Vehicles No boats, trailers, tractors, recreational vehicles, (i.e, any trailers, campers, motor homes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working ornon-working) greater than three- quarter {3/4) of a ton in size shall be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a slructn-e or screened from view in a manner approved, in writing, by the Architechu-al Committee. Notwithstanding the foregoing, arty boat, camper, trailer or recreational vehicle which is in good repair and working order may b® stored on the side yard of a Lot between the front and rear yard set-backs if screened by a six foot (6'} fence and if the vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven {2?) feet long and ten {1©) feet high Provided, however, such storage may not be located adjacent to the street on a corner Lot. PIEDMONT SUBDIVISION/COVENANTS/PAt3E 7 i ~ 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antes. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Hazardous Activities. No activity shall be conducted on or in airy Unit, Lot or Common Area which is or might be unsafe or hazardous to arty parson or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on arty properly except in a self- containedbarbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, {except such picnic fires in portions of said Common Areas designed for such use or} except such cor-trolled and attended fires retluired for clearing or maitrtenance of land. 2.19 Unsjg~Iv Articles. No unsightly articles shall be permitted to remain on a~ Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from arty other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at ground level, at all points within the Property. 2.20 ~, Sound- General. No light shall be emitted from arry Lot or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from airy Lot or Common Area which ie unreasonably loud or annoying, and no odors shall be emitted on arty property which are noxious or offensive to others. 2.21- Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that diving die course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 fre-Consiniction. In any case where it is necessary to reconstruct a Unit or arty improvement in the Common Ares, said re-construction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such ca~ises continue. P~MOrrr svBDnnsioN~covENArrrs~AGE s 2.23 Maintenance and Ren ir. In the event the improvements on airy I,ot shall su$'er damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction and such work shall be prosecuted diligently and continuously from the commencement thereof until such repair, restoration and reconstruction is fully completed and painted. 2.24 Fences. All fences shall be of vertical cedar desiga and construction. No chain-link fences, grime stake fences or fences of basket-weave desiga shall be allowed Side fences corner lots may extend only from the rear Lot line to rear line of the residence. All fences shall comply with City ofMeridian ordinances. 2.25 plat Conditions. All covenants, conditions and restrictions and other matters set forth in all Plats are hereby incorporated by reference and notice ie hereby given to the same. 2.26 Front and Side Yards. The front yard of each Lot and the side yard of arty Lot which is adjacent to a street must be landscaped by installing sod within twenty-one (21) days of substantial completion, or occupancy, whichever .shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be completed by installing sod, seeded and/or landscaped, within six (6} months of occupancy afthe Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. 2.27 No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on airy vacant or unimproved Lot, without the prior written Approval of the Declararrt or the Architectural Committee. 1'he Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. 3.1 Owner's Easements of Enio~men Every Owner shall have a right and easement ofenjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 3.1.1 The Association has the right to suspend the voting rights of an Owner for arty period during which arty assessment against his Lot remains unpaid PIEDMONT SUBDIVISION/COVENANTS/PAQE 9 3.1.2 The right of the Association to dedicate or transfer all or arty part of the Common Area to a~ public agency, authority, or utility for such purposes and subject to such conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the Association and upon which said oi1'icers affirm that the transfer or dedication was approved by the Owners of a maj ority of the Lots. 3.2 Delesxation of Use. Airy Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, guests, tenants or contract purchasers who reside on the property. 3.3 p~g~,. Each Owner shall be liable for arty damage to such Common Areas or other properly owned or maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner or of his family and guests, tenants or contract purchasers, both minor and adulk In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessment against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. PIEDMONT N011~FOWNERS' ASSOCLATibN 4.1 Oriranization of Association. The Piedmont Homeowners Association {"Association") is an Idaho Corporation formed under the provisions of the Idaho Non- profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for arty reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration 4.2 Membership. Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall be aMember ofthe Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. .Memberships in the Association shall not be assignable, except as hereinafter set forth with respect to voting. Memberships in successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in erry way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. A~ attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. PIEDMONT SUHDNiSIONlCOVENANTS/PACIE 10 • 4.3 Voting The Association will have two (2) classes of voting memberships. 4.3.1 Class A• Class A members shall be the Ovmers, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to arty Lot. 4.3.2 glass B. The Class B member shall be the Declarant. Upon the recording hereof; Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to class A membership on January 1, 2010, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and O$icers. The affairs of the Association shall be conducted by aBoard ofDirectora and such officers as the Directors may elect or appoi~, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Powers and Duties ofthe Association 4.5.1 Pte,, The Association shall have all the powers of anon-profit corporation organized under the general non- profit corporation laws ofthe 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. It shall have the power to do arty and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform arty and all acts which may be necessary or proper for, or incidental to the property manag®mant and operation othhe Common area and the performance of the other responsibilities herein assigned, including without limitation: 4.5. L 1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. PIEDMONT SUBDIVISION/COVBTIANTS/PAC1E 11 • . 4.5.1.2 t of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin arty breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to arty persoq firm or corporation to eat as manager. Neither the Association nor the members of its Board shall be liable for arty omission or improper exercise. by the manager of any such duty or power to delegate. 4.5.1.4 Association Rules. the power to adopt, amend or repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners, families of the Owners, yr by invitee, licensee, lessee or contract purchaser of any Owner, provided, however, that the Association rules may not discriminate among 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, ahall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery and posting, said Association rules shall have the same force and e$'ect as if they were eat forth in and era a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extant of any such inconsistency. P~DMONT SUBDIVISION/COVENANTSIPACt'E 12 ~J 4.5.1.5 Emerge~y Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of arty emergency involving illness or potential danger to life or property or when necessary in connection with a~ maintenance or conshuction far which it is responsible. Such entry shall be. made with as little inconvenience to the Owners as practicable and arry damage caused thereby shall be repaired by the Association 4.5.1.6 Licenses F:arements nd Rig -o -W The power to grant and convey to arty third party such licenses, easements and rights-of--way in, an or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment ofthe Common Area and for the preservation ofthe health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; 4.5.1.6.2 Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and rights-of--way are hereby expressly reserved to the Association and may be granted at arty time prior to twenty- one (21) years after the death of the individuals executing this declaration, on behalf of the Declarant, and their issue who are in being as ofthe date hereof 4.5.2 Duties of the Association. In addition the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if ate, shall have the obligation to conduct all business a$'airs of common interest to all Owners, and to perform each ofthe following duties: PIEDMONT SUBDMSION/COVIItiTANTS/PACIE 13 4.5.2.1 Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in e$'ect the following policies of insurance. 4.5.2.1.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and agents and emplayeas of each of the foregoing against arty liability incident to the ownership and/or use of the Common Area or their properly owned or managed by it. Limits of liability of such coverage shall be as follows: not lass than Five Hundred Thousand Dollars ($500,000) per person and Five Hundred Thousand Dollars ($500,000) par occurrence with respect tv personal injury or death, and property damage. 4.5.2.1.2 Full cover~e directors and o$icers liability insurance with a limit of two Hundred Fifty Thousand Dollars {$250,000), if the Board so elects. 4.5.2.1.3 Such other insurance including 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 arty loss from malfeasance or dishonesty of arty employee or their parson charged with the management or possession of arty Association funds or other property. 4.5.2.1.4 The Association shall be deemed trustee of the interest of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith 4.5.2.1.5 Insurance premiums for the above ins<u~ance caver-age shall be deemed a common expanse to be included in the annual assessments levied by the Association. PIEDMONT SUBDNISION/COVENANTSlPAC9E 14 • • 4.5.2.2 Rule skins Make, establish, promulgate, amend and repeal the Association rules. 4.5.2.3 Architectural Committee. Appoint and ramous members of the Committee, all subject to the provisions of this Declaration 4.5.2.E D •na~e Systems. Qperate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 4.5.2.5 Subdivision A~roval Responsibilities. Perform all continuing duties and responsibilities imposed-upon the Grantor pursuant to arty governmental approvals relating to the Property including, witho~rt limitation, those set forth in the preliminary plat approval for the Subdivision 4.6 Personal Liability. No member of the Board or arty committee of the Association or the Architectural Committee or any afl'icer of the Association, or the Declarant, or the manager, if arty, shall b® personally liable to arry owner, or any other party, including the Association, for arty damag®, loss or prejudice suffered or claimed on the account of arty act, omission„ error or negligence of the Association, the Board, the manager, if any, or arty other representative or employee of the Association, the Declarant or the Architectural Committee, arty other committee or arty officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. 5.1 Creation of the T ien and Personai_ Oblioeation of Assessments Each owner of arty Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association; 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessment for capital improvements, such assessments to be established and collected as hereina$er provided; and 5.1.3 Limited assessments as hereinafter provided. PIEDMaNT SUBDMSION/COVENANTS/PAC3E 15 The Regular, Special and Limited Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney' fees shall also b® the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly asstuned by them 5.2 Purpose of Assessments. 5.2.1 Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties to pay the annual assessments of any irrigation district and tv pay such otter reasonable costs and expenses which are incuured by the Association in carrying out the duties and business ofthe Association. 5.2.2 Snecial Assessments for Capital Lmnrovement. In addition to the annual regular assessments authorized above, the Association may levy, in arty assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular assessments, including fixtures and personal property related thereto, provided that any such assessment shall be approved by atwo-thirds (2!3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay eons-time special assessment of Thirty and no(100 Dollars ($30.00) per Lok Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, a~ agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one- time special assessment shall be used to defray organizational costa for the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against arty owner in an amount equal to the costa and expenses incurred by the Association, including legal fees for corrective action necessitated by such Qwner, z~-ithout limitation, costs and expenses incurred for property PIEDMONT SUBDIVISION/COVENAN'i'S/PACIE 16 or maintained by the Association, damaged by negligent or willful acts of arty Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner. 5.3 Maxim~~*n A~~~t Reeular Asessment. The initial maximum annual regular assessment to be assessed by the Association shall be Twenty and No/100 Dollars ($20.00) per Lot per year. 5.3.1 1~e maximum annual assessment may be increased by the Board each year by no more than ten percent (10~/0 above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 'Ilia maximum annual assessment may be increased above ten percent (10%} by atwo-thirds (2I3} vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 Th®Board ofDirectors of tha Association may fix th® amount of the annual assessment at an amount not in excess of the maximum as established from time to time. 3.3.4 The total annual regular assessrnenti levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 Notice and ~_oonn for ar~v Action Authorised Under Sections 5 ~ 2 and 5 3 Written notice of arty meeting called for the purpose of taking arty action authorized undo ~t, Sections 5.3 and 5.4 shall be sent to all members not less than ten 10 `1 D ~ ( ) days n more than lrN~ ~t~ ~3 fifty (50} days in advance of the meeting. At the first such meeting called, the presence of ~~~y ~ members or of proxies entitled to cast sixty percent (60%} of all the votes of each class of q membership shall constihrte a .quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at ~~y„,~ ~° the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding ~ meeting. " _ L ~~~a-~'nS l' ~ ~ 5.5 Uniform Rate of Assessment. Both annual and special assessments must be ed at a uniform rate for all Lots and may be collected on an annual or other basis as etermined by the Associ 'on from time to time. ~ ~ ~ ~ d ~~~ ~' ~~~' 1"' IIDMONT SUBDIVISION/COVENANTS/PAC1E 17 ~ W "" a Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein Members of the Committee maybe removed at arty time without cause. 6.2 R i hg _t of Apvointment and R emoy.~l, At any time Grantor is the Owner of at least one (1) vfthe Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board ofDirectors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee maybe removed at any time, without cause. 6.3 1_Zeview ofPr-ogosed Constn~ction The Committee shall consider and act upon arty and all proposals of plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board ofthe Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of arty struchu-e affected thereby and will be in harmorry with the surrounding structures, and the upkeep and maintenance thereof will not become a burden on the Association 6.3.1 Conditions of Approval. Tha Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easamarrte to an Association for the maintenance thereof upon the agreement of the Applicant to reimburse the Association for the cast of maintenance, or upon all three, arry may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules andlor guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed Twenty-Five Dollars ($25.00). Such fees shall be used to PIEDMONT SUBDIVISION/COVII~TANTSIPAGE 19 • defray the costs and expenses of the committee or for such other purposes as established by the Board Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other struchu-es such as animal enclosures as well as special architecfitiral guidelines applicable to Building Lots located adjacent to public andlor private open space. 6.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of arty required plans and specifications, the Committee may postpone review of arty plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7} day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 141eatin~s of the Committee. The Committee shall meet from time to time as necessary tv perform its duties hereunder. The Committee may from time tv time by resoltrtian unanimously adopted in writing, designate a Committee Representative (who may, but not need be one of its members) to take arty action or perform any duties for and on behalf ofthe Committee, except the granting of variances pursuant to section 6.9. In the absence of such designation, the vote of any two (2} members of the Committee, or the written consent of arty two (~) members of the Committee taken without a meeting, shall constitute an act of the Committee. 6.5 Igo Waiver of Pluture Approvals. The approval of the Committee of arty proposals or plans and specifications or drawings for arty work done or proposed, or in connection with any. other matter requiring the approval and consent of the Committee, PIEDMONT SUBDIVISION/CaVENANTS/P'ACIE 20 shall not be deemed to constitute a waiver of any right to withhold approval or consent as to arty similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6 CBmnreneation of ll~embers. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 6.7 1~gecXian of Work. Inspection of work and correction of defects therein shall proceed as follows: 6.7.1 Arty member of the Committee or its representative may inspect the work at arty time during construction or within 30 days after completion of construction. ff the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within a sixty (60) day period, specifying the particular non-compliance, and shall require the Owner to remedy the same. 6.7.3 If for any reason the Committee fails to notify the Owner of any non-compliance within sixty (60) days of completion of the construction, the improvement sha11 be deemed to be in accordance with the approved plans. 6.8 Non Liabili~ of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to arty Owner or Grantee for arty loss, damage or injury arising out of or in arty way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as maybe possessed by him, acted in good faith without willful or intentional misconduct The Committee shall review and approve or disapprove all plans submitted to it for arty proposed improv®ment, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the ass~etic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall net be responsible for reviewing, nor shall its approval of any plan or design from the standpoint of struchu~al safety or conformance with building or other codes. 6.9 V iia~ Hess. The 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 etnrirorunental considerations may require. Such variances must be evidenced PIEDMONT SUBDIVISIONlCOVENANTSlPACiE 21 • in writing, must be signed by at least two (2) members of the Committee, and shall become e$'ective upon recordation in the ()$ice of the County Recorder of Ada Courrty. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Suppl®mental Declaration shall be deemed to have occurred with respect to the matter for which the variance was grouted. The granting of such a variance shall not operate to waive acry ofthe terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provisions hereof covered by the variance, nor shall it affect in any way the 4wnar's obligation to comply with all governmental lave and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set-bask lines or requirements imposed by any governmental or municipal authority. 7.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex soma or all of such other properties to the properly covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions ofthis Declaration by Declarant, its successors or assigns, at any time, and from time to time, without the approval of an Owner, the Association or its Board of Directors provided that the FHA and the VA, or the HUD representatives thereoiy determines that the annexation is in accordance with the general plan heretofore approved by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or di$'erent covenants, conditions, restrictions, reservations and easements as Declarant, and FHA and VA, or the HUD representatives thereof may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictionism, reservations and easements as are continued herein which Declarant and FHA and VA, or the HUD representative thereof, deem not appropriate for the other properties. 7.2 Additional Pro erties. Subject to the provisions of Section 7.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereo£ PIEDMUNT sUBD1dISION/COV~TANTS/PAC3E 22 7.3 Procedure for Annexation. The additions authorized under Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereon which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and e$'ectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration ma contain such additions, modifications or declarations of the covenants, conditions ,restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant and FHA and VA, or the FiIJD representatives thereat desirable to reflect the difl'erent character, if any, of the other properties or portions thereof or as Declarant and FHA and VA, or the HUD representatives thereof ,may deem appropriate in the development of the properties or portion thereof. 8.1 Maintenance and Use Easement Between Walls and Prop~y Lines. The Association or owner of auy lot shall hereby be granted an easement of S foot t5') width on the adjoining properties for the purpose ofmaintenance offence andlor landscaping so long as such use does not cause damage to any structure or fence. 8.2 Other Maintenance Easements. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easement is hereby reserved in favor of the Association for access to and maintenance ofnay irrigation facilities serving the Common Area, if any. 9.1 Enforcement. The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, lines and charges now or hereafter imposed by the provisions of this declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. PIEDMONT SUBDIVISIONICOVEN.4N'1'S/PA(~E 23 9.2 Severability. Imralidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 9.4 ~grm and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for aterm oftwenty (20) years from the date this Declaration ie recorded, after which tune they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners ofthe Late has been recorded, agreeing to change said covenants in whole or in park This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) ofthe Owners ofthe Lots covered by this Declaration or by an instrument. signed by two-thirds (2/3) ofthe Lot Owners; provided, however, that if Grantor ie still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote ofthe Grantor. IN W1*INESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of ,1994. WASHINGTON PLAZA AN 1DAH0 PARTNERSHIP BY: GARY C. AS1AT PARTNER PIEDMONT 9UBDNISI01'~TtCOwENANTSlPACIE 2~