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Bedford Place Subdivision PP
~, OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplnssr BRUCE D. STUART, Watsr WoAcs Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P rk 2 Adm. KENNETH W. BOWERS, FIro Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887.4813 Public Works/Buikiing Department (208) 887-2211 GRANT P.IDIVGSFORD Magor c~ COUNCIL MEMBERS RONALO R. TOLSMA MAX YERRINOTON ROBERT 0. CORRIE WALT W. MORROW P 82 COMMISSION JIM JOHNSON, Chairman MOE AUOJANI ~~^~,~~ JIMBHEARER CHARLIE ROUNTREE TIM HEPPER 4 C T f 9 199 pTY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14!96 REQUEST: Preliminary Plat for Bedford Place Subdivision BY:__Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridan .Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY F~.ES OTHER: YOUR CONCISE REMARKS: ~UB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN • ,~ ~ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation ~n Subdivision, ~2Gl~ti'd I~IC~c2, Sc,~,bc~ i V~tSiori 2. General Location, ~ov~.~ n~n~r~+ lro~ 3, ~~c--4-ion C~ ~ T.3 N., [z . I F.. ~ ~ , r~~ . 3. Owners of record, >~ -' i aY~-~-ors ~~or}~c~~ro-1-ior~ Address, I ~ (~ I. V~ . ~ l or~x- .1~o i 2i ~ S 3 -oy Telephone 3 I ~- y 000 4. Applicant,~Y ~o~h-~or~ ~'ur P, Address, 1~3~~I lam- ~1C~~IU-~~.r 5. Engineer,~e~~e. ~. %~'~~~i~~ Firm Hubble Engineering. Inc. Address, 9550 Bethel Ct.. Boise. ID 83709 ,Telephone ,208)322-8992 6. Name and address to receive City billings: Name:. Address: Telephone:, _ '_~" I ~S- y UUO PRELIMINARY PLA CHECKLIST: Subdivision Features 1. Acres 2. Numb 3. Lots p • 4. Density per Acre: 3 ~ q 5 5. Zoning Classification(s): '~-~ 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification ~4 7. Does the plat border a potential green belt 'V e~ - ~~u~- ~~ 5 0~~,~, ~- IAA-{-~w~w S~~S-F~-r~-~ 8. Have recreational easements been provided for SIP 5 9. Are there proposed recreational amenities to the City ~I~~ Explain _ ~r~~5-4~r ica v~ i k T -1-(~~ ri~~ Cory~vr~ror~ c~r~ct 10. Are there proposed dedications of common areas. ~~e5 Explain `~rti,c ~ ~ ~~u~lGlsCl~.vi~r~ ~-5rr~l I nzi~;hbor hocxl area -I-o~- lo+ on sou+bl 5id~ For future parks~_Explam 11. What school(s) service the area~~rz-1-, ~h Do you propose any agreements for future school sites,_... No 12. Other proposed amenities to the City_ I~lor~e~ Water Supply -vbne, Fire Department '`o '~~ ,Other Other 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Sinale family __ 15. Proposed development features: a. Minimum square footage of lot(s) b. Minimum square footage of structure(s) ~~ Ccw~~C~.~r4-~ c. Are garages provided for ~ square footage, U(~O rY~ i r~ i rn~rn d. Are other coverings provided or No e. Landscaping has been provided for ~fP= Describe by hor~~~,o~-~tr~xs JY1(~ ~OYYIQ.Q~A)n1?,1(S CLS<_oC~a~On as , CAU~~-k~ f. Trees will be provided forT_Trees will be maintained I'af?~, ou~ne~~ ~v~d. t~or~e,ou~r,~.XS c~~so;~r~-corn g. Sprinkler systems are provided for__ ~nrrre. ou~r~~.r< h. Are there multiple units No _,Type Remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for y~ S Explain ~r ~vo_-{-e, dr iy2,r,~ay< k. Value range of property_ ~ q~ Cx~O - # 1;~5 ~ ~~~ I. Type of financing for development ~~chyen~-~ ov~c~.l m. Protective covenants were submitted No Date 16. Does the proposal land lock other property-No Does it create enclaves_No i~ COVC RNYEMT LOT 1 UN RLATTfD wiTT- - - -. 11fI - i- 'i#- - -a~~ - laT~ - N4 - f ~..~ ~ ~^ - - (~• _ - ~O - ~ -ARP"- ~~A>'I ~ ~ . -- -- ~ C I" __ I _ _~ __ ~ f ' ~I „• ~ I I I' ! :... NA ~ ~ I ~ C •~ V ~` ~ , I ~ i i ~ I, , 13 i i I ~ i I i ~ ~ ~' ~ j! i C ~ ~ ~ ~ ~' ' I, i I'! '' Iii i', ~, i ~i E A l a ~ I I I ~r 1 ~ ~:; ~ ~Jwl O kl e I ~`~ ~I; a Li I', I ~ I lei' I' I , 11 • I ~ i III i u I;i L I~';i i l% I'i ~ C iii n wl I e I I ~' ; V I I' ~ I ~,,~ I' I '.-.,~, f; . ~'' III ~,,c.__J gl[ ® , I x. I , III ~ ~ ~ ~ _ _ - - - 1; 1 - - - I I, ' r. ~ ~ .~ , I O ~ I I ^ rf / O I ~ , II I~ C i I ~ `"' j~ L' III ''~~~~~! , i i ~ ~ ~% ~ I ~ !!i I I I' ~ I I! 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U -~, ~.. ~ z -~ ______.\\.\\T~. l~ ~ ~MM J• ~ \ 171 ~`-~~ ( _: ~ o '~ v+ w o+ z 5 ~ ~ ~ r ,. ~ ., ~ ul ~ 3 n ~ ~n ~ ~ N ` .~ D7 N y~ ~ ,/ I _. W ~ ~ ~ ,/ >~v G~~O ~L ~ , I . ~ ~F.o ~+' 1 A m ~ ~ 1 ~ ~, . ; ~ ~ t; 60 rCRN Y(MT LOT • , I I R 1 YN RLAf T[0 ~ IfI M oo1Yf•' C ,raw L ,ar- - - ^s~r - ~ -L^ ~a-' .~- - ~.>r - - ~- - ~ lalr' - mar-;- - mss- - - ~TCr - QQ- -ir-- t - --w~ - - id I i I I i v ~t v ~'i - ~ I.i t'1 I ~~ ', IC ® I I I I V I I I! V ~ ~ I ~~ ^ 1! I v ~ I ~. i ! i 1 ~ , n l i 1 1 I I, ~ " I• I I u I 1 ~: i 1 1 i .. ~R '.. 1T~ .v ~ i 1 I III (J ~ o• i r ~ ~ ®I 1 I I s ~ : ~ • 1 ~ ~! 1 I ~ w ~ 1. 1 ~ II ,r1 •'1 1 .41 ~ i I , ,~ I III I - 4., I:I .. I!'~ ~ p~ ,~. ~ ,I~ ~_ ~ ' I ~ ~ ~ L+ I;~ I ; ~ III , ~~= O ~ i! 11 , ~ «, I I' I T'I ~ lil v III n v !' I ~~ Ij 11I I, G1 • ~I l I I I 1 11 i •a I; 1 ~ I: I ~.-t ~' li i. ~}'!1. I I I n ~ I III I ~t I,I .r ~: I ' u ; ~ •j ~ i 14L' r I..~~r ~' ~ 'G I ~ N G ~ ~:: I1 i .., •.:, p P I / ! I ~ n i °~ 1° I _. ! v e ~ I r v Sf I ~~ I ~ ~ ~ O I ~ ~ '~ I ~~• I • I 1.~ v ~ ~ V': I J, ~ i n I l i~ ; o ~ I « I t I ~ « ' I~ I ~~ ~ ~ 1 m. C ~ n v ~ '~ t ! (1 `~ !~ --~ ° ; Z =--~~ -~w`__~w__yc:_~o0'~`'~g~-'~[A''~ w~'-ate Sri 'v~~ ---~"~--?-~ oorcllNNcNT DoT ~ Iy ~` = Ar ap ~ i` urrLATTCo I'+t •~ C ~ g Y~YI Ro .. . -' a ~•.+` i( i ~ ~ ~ I ~ C Y i~ ~ nru,R• ® • r O • ~ ~ \ I 1 b~E{~~ ~ •:~ ~ I I I I I I I I -. a ~ . f. ::I ~ i 0 ` 1 1 ~ ~ `e _ ~ ~ ~~ ,; -. ~. ~` ~ l ' -~ .~ ~~ ~,~~I iii I , 1 III III I.I ICI ~:~ 1 I 1 • '`' ~`~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 9y0 SURV~yOQ, September 15, 1995 Ms Shari Stiles City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Bedford Place Subdivision Dear Ms Stiles, On behalf of our client we hereby submit the application for preliminary plat for the 11 lots along the southern boundary of Bedford Place Subdivision. The preliminary plat is in conformance with acceptable engineering, architectural and surveying practices and local standards and is in substantial accordance with the conditions and provisions of the City of Meridian Subdivision Ordinance. Lots 25, Block 4 and Lot 8, Block 10 were previously approved with the original preliminary plat for Bedford Place. This application merely modifies the lot lines for those two lots. The remaining lots are proposed in order to pipe the Finch Lateral and provide for a recreation area (basketball court and tot lot) on Lot 10, Block 10. If you have any questions or require additional information, please do not hesitate to call either Gene Smith or myself. Sincerely, u 'e Keene ject Coordinator • • BEDFORD PLACE SUBDIVISION No variance will be requested for this subdivision with respect to any provision of the Ordinance. NGI/y ~G_ "cP\ ~i URV • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 BEDFORD PLACE SUBDIVISION 208/322-8992 ^ .Fax 208/378-0329 This development has 2.78 acres and features 11 single family residential lots along the southern boundary of Bedford Place Subdivision. Lot 25, Block 4 and Lot 8, Block 10 were previously approved with the original preliminary plat for Bedford Place and this application merely modifies the lot lines for those two lots. Lot 10, Block 10 will provide a recreation area which will include a basketball court and a tot lot. The remaining lots are proposed in order to pipe the Finch Lateral. ~`J~V ENGIpF~~N ' RUBBLE ENGINEERIN ~~ G INC. ~9ti„ ,~~y 8550 W. Bethel Court • Boise, Idaho 83708 ~,~-~4; Tli~lTTAL LETTER FOR: _XX DELNERIES -PICK uPs ~~ 322-8882 • Fax (208) 378-0339 DATE IC.~- I~-~~5 .lob No: 1 ~~ L 3°3 Pnoje~ 1- j~'GL~ ~Y(:~ {~~r~C~ WE ARE BENDING YOU: WE ARE PICIaNG UP _ C'Bee ) _ As Requested ~ Attached _ Under Separate Cover, Via FOR YOUR: _ Use _ Record _ Bidding _ Cost Estimating Information Review and Comment _ Approval ' THE FOLLOWING: ' _ Print(s) _ Pran(s) _ Sample(s) _ Copy of Letter _ Specifications _ Shop Drawing(s) -Disk(s) (*See Disclaimer below) X ~, ~ ~~. ~ k ~~ t i~r1~~- ~ . # 1. ' Collies Date Sheet No. • " f •s ~-~ ~ ~ t ',-~ . ~ l ~: ,_; ~Q 4 o~I ~ ~~ ~-r ; ~~_~ -4-~' i ~ s~ a ~~~ ! ~~,~ ~t~.~ ~ w ~ y', I c_,c. ~ C C. -+- ~. c~ i ~~ d, (~' ,1 L~l!-',>,~}VCS,,` ~i~E"{I~ V~...~~~,'[~r, (C !4 Z1 ~1 ~'~' ~ ~ ~ve.t ' - L L~... i ~• 't~ % ( -` ~ 4: 1.-~ ' t ~' ~~,t ~l. _ C,~. 1. ` { l 1. L it Copy To: _ With Encl. By: _ With Enci. - j DISK OIStXABEIi:~LEASE READ AND slf~. ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWAI~IE OF THE PRECI810N, OR LACK OF PRE01810N, THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR OONVBdIENCE ONLY, NOOTT~/ AS AN ACCUR/-TE IfAT10N OF THE PROPOSED PRO.~CT. RUBBLE ENGINEERING, INC. IS NOT RESPON8IBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF TH18 DATA. ..~- ~ 4792 ~` FOR RUBBLE ENGMIEERING USE ONLY: ." • CITY OF MERIDIAN PRELIMINARY SUBDIVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED i APPLICATIONS MUST BE SUBMITTED THIRTY . (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED PBtZ MEETING. ITEM DESCRIPTION S:OMMENTS/DATE 1. Pre-application submittal meeting held ~/2. ACHD Technical Review Committee approval submitted 3. Thirty (30) copies of the completed and executed written application form ~' 4. Proof of current ownership of the real property included in the preliminary plat and consent of recorded owners / 5. Name and address of party to receive billings/correspondence V" 6. Legal description of subdivision prepared and stamped by Registered Land Surveyor '~ 7. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: a. Proposed Subdivision Name / /~ Drafting date f n/a ~ ~NHPra c. Sectional location of plat -County ~ d. North arrow ~ e. Scale of plat (not smaller than 1 " =100') / f. Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; / „~ Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) /' ~Y • • h. Sites proposal far parks, playgrounds, schools, churches or a~ public uses `~ i. Streets, street muses, rights-of--way and roadway widths, inclu adjoining streets or roadways; / j . Lot lines and Mocks showing scaled dimensions and numbers taf each; ~ k. Legend of sy~iba~ / /~ Minimum r house size m. Cantour lines, siovvn at 5' intervals where land slope is greal~ ffian 10% and at 2' intervals where land slope is ~ or less, referenced to an established baa~mark, including location and elevation; ~~ n. Any proposed ar existing utilities, including, but not limited t0. ~rrn and sanitary sewers, irrigation latec~s, ditches, drainage, bridges, culverts, watrr wins, fire hydrants, streetlights, pressurized i~ion / o. Any dedicati~s ~ the public and/or easements together with a s~tement of location, dimensions and purposes ®f such / /~ Master street +alua~riage plan including method of disposal and a~roval from the affected drainage district ~ Floodplain baaaelaty as determined by FEMA or measures to awed this boundary ~ ~ ~- r. Stub streets b wide access to adjacent undeveloped l~u,el or existing roadways (block lengths do not exceed 1,000') s. Cul-de-sac lens not in excess of 450' / 8. A statement as to tether or not a variance will be requested with erect to any provision of the Ordinance describag the particular provision, the variance requested„ aui the reason therefor / „~9 A statement of de~pment features 10. A map of the entire area scheduled for development if the proposed s~vision is a portion of a larger holding intended fear subsequent development / 11. Thirty (30) copies ~ a vicinity map showing a minimum 1/Z-nab radius from exterior boundaries of plat„ including land use and existing zoning ~ p~posed subdivision and adjacent land (sc~e optional) / .. • • PRELIMINARY PLAT CHECKLIST Page 3 of 3 ITEM DESCRIPTION ~ rnMMENTS/DATE 12. Thirty (30) copies of a 1 " =300' scale map on 8'fi " x 11 " paper indicating all adjacent development and/or lots of record within. 300' of any boundary of the proposed development, with the layout of the proposed development in bold outline. / v ~ A statement of traffic impact on existing adjacent roadways and intersections. 14. Fee Paid - $300.00 + ~ 1 Lots ~ $10.00/Lot ~ ~ certified mailings @ $1.29/mailing Proposed restrictive covenants and/or deed restrictions 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council REVIEW BY: G~5 Marv D Smith P E Cily En; neer ' APPLICATION ACCEPTANCE DATE: • ,- m. 95056 INSTRUMENT N ti 5 o. - QUITCLAIM DEED ~:~,,; ;~,/ •, 11`f r~y.~ ~1 bC;S~~ ~:: For value received HELEN V. DAMS, a widow does hereby convey, release, remise and forever quit claim unto BRIGHTON CORPORATION, AN IDAHO COIi 12301 W. Explorer Drive, Suite 200 Boise, ID 83713 the following described premises, to-wit: See Attached Exhibit "A" together with their appurtenances. Dated: ~~ ~~ ~~~ S ~~~ ~~~i~ ` ~S 2~c~~ Helen V. Davis, a widow STATE OF IDAHO, COUNTY OF On this ~ '.day of 1995, before me a otary public in and or said te, personally appeared HELEN V. DAMS, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WTINES~WI~R~ 1 have hereunto set my hand and affixed m official'•seal the c~a' ~eai. in.t^{h~i}s certificate first above written. iding at" ~ ~ ~ . r'. ~~ ~ /~ ~ Comm. expires: •. ,,~~. "~ ~•. ~I STATE OF IDAHO, COUNTY OF ADA I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., 19 , in my o$ice, and duly recorded in Book of Deeds at page Ex-Officio'Recorder By ~~• Notary Public ,Idaho Fees S Mail to: '95 F;u~ 1~1 i ~' FEE ~~.-- .PORATION ~~~~ HUBBLE~IGINEERING, INC. v y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378.0329 Q ~~ SURVE~~ p o j~ // .r--- Project No. 9403500 ~~~~ ~ ~`fi' August 8, 1995 DESCRIPTION OF BEDFORD PLACE SUBDIVISION AREA EXCLUDED FROM LIVING TRUST A parcel of land lying in a portion of Government Lot 3 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Section 31, T.4N., R.1 E., B.M., Section 36, T.4N., R.1W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron pin marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26" West 694.77 feet along the said Northerly boundary of the NW1/4 of Section 6 to an iron pin; . thence South 0°25'34" West 45.00 feet to a 2-inch galvanized pipe,~also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°25'34" West 180.00 feet; thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 75.61 feet, said curve having a central angle of 6°18'21", a radius of 687.00 feet, and a long chord of 75.57 feet bearing South 02°02'03" East to a point of ending of curve; thence South 89°39'36" East 713.93 feet to a point on the East line of said Government Lot 3; Bedford Place Subd. Page 1 of 2 . ` • c ~ // ~~ ~e~~- thence South 00°20'24" West 998.02 feet along said East line to the Southerly boundary of said Lot 3 thence South 89°44'06" West 1314.54 feet along the said Southerly boundary of Government Lot 3 of Section 6 to a point marking the Southwest corner of the said Government Lot 3 of Section 6; thence North 0°19'24" East 1315.99 feet along the Westerly boundary of the said Government Lot 3 of Section 6 to a point marking the Northwest corner of the said Government Lot 3 of Section 6; thence South 89°34'26" East 620.08 feet along the said Northerly boundary of the NW1/4 of Section 6; thence South 0°25'34" West 45.00 feet to the point of beginning, comprising 34.61 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. TRW/vw/943.des Todd R. Waite, P.L.S. Bedford Place Subd. Page 2 of 2 02/25/1994 11:35 12083778962 BRIGTON CORPORATIOP4 • TRAN3» SI INF . . ~~ ~ .~ ~~ SlZD~ .~ .~E .~~ . AEI3SUE AMOUNT 5 OVYNERS SCWEDUIF A 4EFICE FlLE NUMBER P128682 P I N ~R 134001 ®0007488 D~1<OF POLICY FEBRUARY 10, 1994 AS OF 3:57 P.M. PAGE 02 PROP s~. AMOUNTQF INSURANCE PREMIUM AM~t1NT 5600,000.00 :1830.00 ~- Name of Insured: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE FiEMA1NDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 2. The estate or interest In the land wh~h is covered by this policy is: Fl:E SIMPLE 3. Title to the estate or irnerest in the land fs vested in: HELEN V. DAVIS, A WIDOW, FOR LIFE, WITH THE REMAfNDER fN BRIGHTON CORPORATION, AN IDAHO GORPORATION 4. The land herein described is encumbered by the following mortgage or Trust Deed, and asslgnmel~ts: and the mortgages or trust deeds, if any, shown In Schedule B hereof. 5. The land referred to in the Policy Is described as follows: SEE SCHEDULE C 12783778962 PAGE.002 02 • OV~8 3CHEDUI,E S Pdlcy Nurttber; _P_ 128882134001 ®o OD74~ Ow~rs E)(CEPT'lONS FROM COVERAGE This polioy does not Insure against loss or damage (and the Company wAl not pay costs, attorneys' fees or expenses) which arise by reason of: (1) Rights or claims of parties In possession not shown by the public records. (2) Encroachmerns, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate surveyor inspection of the premises induding, but not limited to, insufficient or impaired access or matter, contradbtory to any survey plat shown by the publ~ records. (3) Easements, or claims of easements, not shown by the public records. (4) Any Ilen, or right to a Ilen, for services, labor, or material heretofore or hereafter furnished, impaled by law and not shown by the public records. (5} (a) Unpatented mining claims; {b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water fights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. (s) Taxes or special assessments which are not shown as exfing liens by the records of any taxing authority that levies taxes or assessments, on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or noc shown by the records of such agency or by the public records- Specls( Exceptlgns: The mortgage, if any, referred to in Item 4 of Schedule A. 1. GENERAL TAXES FOR THE YEAR 1994, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2. DENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF A5 PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NEW YORK IRRIGATION DISTRICT {343.2$62) 3. RIGHTS AND CLAIMS IN AND TO DITCHES, CANALS AND/OR LATERALS WHICH ARE LOCATED OVER AND THliU SAID PREMISES. 4. TERMS COVENANTS AND RESTRICTIONS OF SAID LIFE ESTATE SET FORTH IN DEED RECORDED FEBRUARY 10, 4994 UNDER INSTRUMENT NO.: 94013024 BETWEEN HELEN V. DAVID, A WIDOW, A$ GRANTOR AND BRIGHTON CORPORATION, AN IDAHO GORPORATION, AS GRANTEE. END OF EXCEPTIONS CONTINUED Pi28882 13 4001 60 007488 NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HA8 BEEN MADE FOR ANY UNPAID A$8ESSMENTS, CHARGES OR FEE8 FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POS818LE UTILITY SERVICES. Countersigned SCHEDULE B (STANDARD COVERAGE) Schedule B of this Policy consists of 2 pages, GOVERNMENT LOT 3 OF SECTIO~ TOWNSHIP • ADA COUNTY, IDAHO 3 NORTH, RANGE 1 EAST OF 8013E MERIDIAN IN EXCEPT THAT PORTION LYING WITHIN THE USTICK ROAD RIGHT-OF_yygY, INCLUDING IN SAID EXCEpTEp PORTION BUT NOT NECESSARILY LIMITED TO THAT PORTION CONVEYED TO THE STATE OF IDAHO BY PEED RECORDED IN BOOK 215 OP DEt~DS AT PApE3118 AND 119. END OF LEGAL DESCRIP11pN 02/25/1994 11:35 12083778962 ' ~ BRIGTON CORPORATIOiJ PAGE 06 • °"~ a'~ r a.w~o m~0ol~iW~r ' a~ c~nry • •~ ~ ~' '"" ~~ v f ,, y, . J: J ;~ ~~, ~•. .:r „' y a i•.:. .:~ ~'w?r i' y r :'ir: x ~: r:'. J. J J f. .r' > .'e: "a r.. ::r:: J y r }: isy +.'h'. J . .f! 1 r:•r f . .'i~. r: ~:". ~':.r. 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BRUCE, Secretary April 18, 1994 Mr. Michael Wardle Director of Operations Hubble Engineering Inc. 9550 Bethel Court Boise, ID 83709 Re: Bedford Place Subdivision As we discussed in our meeting of April 18, 1994, the Ada County Highway District will drop the requirement for a traffic study for the proposed Bedford Place subdivision in Meridian. The traffic study is not needed because of the unique characteristics of this subdivision: the single connection to Ustick Road,. an.. internal .collector,. and the connection to the Fothergill Pointe subdivision. The traffic study requirement may be reinstated if there is a significant change to the land use plan of the subdivision. The Ada County Highway District may place site. specific requirements on the project, but they should not require a traffic study. Please let me know if there are any questions or concerns. David Szplett Traffic Services Department. cc: Terry Little Karen Gallagher ,, r ILE ada county highway district 318 East 37th • Boise, Idaho 837 ~ 4 • Phone (208) 345-7680 N G ~~y~ • • '`'~ -~ RUBBLE ENGINEERING, INC. < ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 tin _~ OQ Project No. 94035 BEDFORD PLACE SUBDIVISION April 1, 1994 Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter corner common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: RUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. DTP/bh/879.des r • + w ~` ~ • a SOIL AND WATER TABLE REPORT for • FINCH CREEK SUBDIVISION for ' .RUBBLE ENGINEERING by ASSOCIATED EARTH SCIENCES JULY 1994 1 On 7-12-94 Shelby Brownfield, Associated Earth Sciences, evaluated the Finch Creek Subdivision north of Meridian Id. The area will be serviced by the Meridian sanitary sewer. This was the middle of the irrigation season and there had been ample water for the first half of the season. The irrigation induced water table should be fairly high. Pit 1 Near the fence and north of the irrigation canal. This site is. typical for the soils between the pit and ustick Road 0--12 inches; lOYR 3/2 silt loam 12-20 inches; lOYR 4/4 silty clay loam with some lime accumulation 19-36 inches; lOYR 7/3 and 4/4 hard duripan, impermeable 36-50 inches; lOYR 4/4 extremely gravelly sandy loam 50-78 inches; extremely gravelly and cobbly loamy sand 78-96 inches; extremely gravelly and cobbly coarse sand with water at 96 inches 86-108 inches; clean extremely gravel and cobbles with some coarse sand with water Note; Water is in the field ditch less than 50 feet from the pit. Water table at 96 inches. ., °~:. ...., , , - .,.. ~ . • 2 Pit 2 Juat '~~ of the old irrigation ditch. Water in an small channel of the old irrigation ditch. About 60 feet north of the new canal that is ~r full . 0--10 inches; 10YR 4/2 silty clay loam 10-18 inches; lOYR 5/3 silty clay loam with common medium distinct lOYR 6/2-4/4-4/3 mottles 18-38 inches; lOYR 5/4 gravelly loam with some 10YR 4/4 mottles 38-56 inches; lOYR 5/4 extremely gravelly loam and sandy loam 56-74 inches; lOYR 5/3 extremely cobbly and gravelly sand 74-86 inches; clean loose extremely gravelly and cobbly sand with water. Note; This is in a low area near the irrigation ditch. The water table is at 74 inches. ' Pit 3 West side of the property and just north of the irrigation ditch. The most wet area on the property. the field is being irrigated and water perches in the upper part of the soil. ' 0--13 inches; lOYR 4/2 silty clay loam with some mottles 13-23 inches; lOYR 5/2 gravelly clay loam with common medium distinct 7.5YR 4/4 mottles, ~ a•~ P~r~~ W4~~ 23-36 inches; lOYR 5/3 gravelly loam with some lOYR 4/4 mottles 36-45 inches; lOYR 5/4 very gravelly sandy clay loam 45-66 inches; lOYR 5/3-4/6-5/2 stratified extremely gravelly sands and sandy loam 66-72 inches; lOYR 5/3-4/6-5/2 extremely gravelly sand 72-90 inches; clean loose extremely gravelly and cobbly sand ' with water. Note; This is in a low area near the irrigation ditch. Water is flowing downslope from the irrigation ditch on the north _ aide of the field. This surface irrigation water saturates =~ the upper part of the soil by perching on the gravelly clay I .,..~~.~ ., .~:.. loam layer . The deeper water table at 72 i nches ~: :.~.. .. w . ~;~:: ~-.-~.~. wr~~-..:~..._. i ~' :..: `R ._ _ ~/ y k OG~1~ JAMES E, BRUCE, President February 14, 1995 SHERRY R. HUGER, vice President Via Fa c s imi L SUSAN s. EAST1.Ai~, Secretary BEDFORD .SPA Brian Smith Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID 83709 Re: BEDFORD PLACE SUBDIVISION Street Plans Approval Street construction plans for Bedford Placef Subdivision are acceptable and have been approved for construction. Y have recalculated the street construction security ($715,100.00) to reflect the redesign of the drainage systems. The inspection deposit must be paid prior to a required preconstruction conference including representatives from the lead agency, ACHD Construction Services, the developers engineer, the general contractor, subcontractors, and utility companies. Please provide two additional sets for construction inspection. It you have any questions or comments, please call me at 345-7562. ~,,~~~~ t Stuart C. Rich, Development Analys Development Services SCR/scr cc : Project ~'i le Chron File ACHD Construction Services City Of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345.7680 FEB 14 '95 14:36 ~E8 345 7650 PAGE.001 r. . N l'f yO 3 S T~~ MEMORANDUM TO: GENE SMITH FROM: BRIAN SMITH DATE: NOVEMBER 29, 1994 RE: TEST PIT INVESTIGATION BEDFORD PLACE Four test pits were dug on 11/29/94 to determine the approximate groundwater level for the subdivision. The weather was 35 F, overcast skies and windy. Pit #1 Located approximately 25' N. of Onweiler Lateral & 150' East of the existing house. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan Layer 4.0' - 9.5' Sand & Gravel 9.5' Ground water Pit #2 Located approximately 30' N. of Fisher Lateral & Due South of e~dsting house. 0.0' - 1.5' Top Soil 1.5' - 3.5' Hard Pan Layer 3.5' - 6.5' Sand & Gravel 6.5' Ground water Pit #3 Located approximately 60' S.W. of TBM #2. 0.0' - 1.0' Top Soil 1.0' - 2.5' Silty Loam 2.5' - 5.0' Hard Pan 5.0' - 9.0' Sand & Gravel 9.0' Ground Water ~:~ • Pit #4 • Located approximately 60' S. of Ustick Rd. & 30' E. of Pit #4. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan 4.0' - 8.0' Sand & Gravel 8.0' Ground Water Meridian Planning & Zoning Commission November 14, 1995 Page 28 Shearer: Second s Johnson: We have a motion and a second to pass a favorable recommendation onto the City Council regarding the preliminary/final plat for the playground subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, Commission members, I am here to discuss a modification of a plat that was approved about a year and a half ago. The first thing that I would like to do is pass out a little illustration of what we are discussing and then I will use the original concept map to discuss it with you. The original annexation and zoning of this 40 acre parcel was an R-8. The preliminary plat that was approved when I recounted I counted 152 it was either 152 or 153 lots., Basically a straight forward subdivision with the minimum 6500 square foot lots. As originally proposed there was a common area strip along the south boundary that was adjacent to the Fothergill subdivision in which it was proposed to realign the Finch Lateral and place a bicycle pathway system. This particular enlargement illustrated the concept. At the time that it was presented to Nampa Meridian they had no difficulty with the relocation but they made no commitment with respect to a pathway in that area. In fact, when the construction plans were designed for that relocation with the single crossing of Arrow Wood Way that connects this project to Fothergill the Nampa Meridian Irrigation District specifically disapproved any pathway system within their easement area. In addition when the construction actually began the adjacent property owners became concerned about the location and the depth of that particular facility. A meeting was held between property owners from Fothergill Subdivision and the developer and Mayor Kingsford, Councilman Walt Morrow, City Engineer Gary Smith. I would like to present to the Commission as well copies of the minutes and the memorandum of understanding an agreement that resulted from that. Johnson: Is that any different from this one. I think we all have that, I made copies for everyone. Wardle: During that particular discussion it was first noted that the relocation plans to Meridian Planning & Zoning Commission November 14, 1995 Page 29 construct the Finch Lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you all have then just in brief re-statement of the fact that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would the the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, all of which exceed 8,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply come to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to the the lateral to put lots in and to also maintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to allow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch I believe that is correct yes. If it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: I would like to ask a question? What is the status of the ditch along the west boundary? Wardle: I believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as is. • • Meridian Planning & Zoning Commission November 14, 1995 Page 30 Crookston: I believe that our ordinance indicates that if it is adjancent to the property that the tiling ordinance still applies. Wardle: Mr. Chairman, Mr. Crookston this is not a lateral, this is a drain that services that area and that was not a matter that was discussed or made part of the original consideration. That is a new action that you are raising and it is on the adjacent property. Hepper: If it is a drain ditch it wouldn't have to be? Crookston Yes, it is any waterway. Hepper: Except drains I thought. Crookston: It actually applies to all of them. We have not required the Nine Mile Drain, Five Mile Drain to be tiled. But it does apply to them. It is my understanding this is not of the nature of the Nine Mile Drain. Hepper: (Inaudible) Crookston: I believe it would, Gary you have had some dealings with this have you not? Smith: Yes, the applicant has applied for a variance from tiling that ditch, that is in the process right now. Wardle: Mr. Chairman and Mr. Crookston I was not aware of the status of that particular item. Crookston: How wide are these 9 or 10 lots on the southern portion? (Inaudible) Wardle: They range from approximately 83 feet in depth and it increases because the configuration of that property expands a little bit as you go to the west and they run from 100 feet in width up to 103 plus, I guess there is one that is 97 feet by roughly 87. Crookston: And you are tiling the Finch Lateral is that correct? Wardle: Yes, the Finch Lateral will be tiled right along the street right of way line in this location. I believe the preliminary plat identified that. Hepper: I have a question on this original version here on the Finch Lateral shows a depth of those lots approximately 80 feet and then it shows the Finch Lateral going just a little off center of right down the center of those lots. Does that leave room to build homes • • Meridian Planning & Zoning Commission November 14, 1995 Page 31 there without building right on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Hepper, may I see, illustrate what you are talking about on the original. Hepper: On the original, the width is 80 feet right there but the ditch is almost dead center. Wardle: Mr. Hepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Hepper: But on the bottom plat where will it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property tine. Johnson: Any other questions? Rountree: What is a tot lot? Wardle: Well we assume it appeals to the younger generation. But it will have playground equipment and there would also be a basketball court facility. Rountree: Is that a full court, half course, 1/4 court. Wardle: Half court. Rountree: Would the lot be fenced? Wardle: The tot lot area? Rountree: Yes Wardle: I don't know that we actually have a detailed layout of that facility as of yet whether it would be fenced or not I don't know. Rountree: And the care and maintenance of that facility would be the responsibility of the • • Meridian Planning & Zoning Commission November 14, 1995 Page 32 homeowner. Wardle: That is correct. Crookston: It was my understanding that was supposed to be an entire basketball court. I thought (inaudible) Wardle: Pefiaps Mr. Turnbull would be more willing to come and address that particular subject. You can see form the list of attendees I was not there when the issue was discussed. David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, it includes a tot lot with, in fact I believe we submitted a photograph of the type of playground equipment we intend to buy that is the same as provided in the Mill Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, 1 don't remember the exact location but somewhere in south central Idaho. Fairly substantial with the timbers and so forth. The basketball court is a half court, actually we enlarged it larger than you would find in most of these tot lot type situations, provide for a full 3 point circle and some perimeter shooting. It is not a full court basketball court, I don't think we want to asphalt the whole area but we did want to provide that recreational opportunity. Pertaining to fencing, we have situated this in the middle of a stretch of common area grass area that some 300 feet long, it would be appropriate to have fencing in the rear of the property. 1 don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Turnbull: Where did you receive that understanding? Crookston: Dave I would have to go back and look at the record, but that is what I call excuse me that is what I recall was stated when we were discussing this I don't know back in (inaudible). Turnbull: Well, that was, I don't even know if that is desirable. This is a typical tot lot neighbofiood situation that you find in many neighborhoods where you have a half court basketball court situation. Like I said I would prefer to provide some more green areas as well but that. Like I said that is what we had envisioned and what we proposed. 1 suppose • • Meridian Planning & Zoning Commission November 14, 1995 Page 33 you could talk to Walt or Councilman Morrow and Mayor Kingsford as the two representative of the City were in the meeting with the neighbors. But that is what we had envisioned. Crookston: I don't recall that the basketball- court was supposed to be part of the tot lot at all. As I recall they were two separate ideas. A basketball court and a tot lot. Turnbull: That is true in a common area. They were going to exist side by side. Crookston: I don't recall that, that could be the way it is, but I recall them being two basically separate facilities and a full basketball court. I will have to go back and look at my notes and what record I do have. Johnson: Okay, moving on, any other questions here? Thanks David, this is a public hearing, is there anyone else that would like to address the Commission on this issue? Shearer: Jim, I would have a question of Shari on this bike path. Johnson: Let's see if someone else wants to address the Commission first. Amy Duenas, Fothergill Pointe, was sworn by the City Attorney. Duenas: 1 live in Fothergill Pointe which is currently my property line is about five to 10 feet from where they have originally decided to relocate this Finch Lateral. I spoke on behalf earlier the last time we met on behalf of my neighborhood of our concerns of having an open lateral with so many small children around. Our neighborhood a lot of the surrounding neighborhoods primarily are for first time home buyers which means most of them are going to have small young children. Especially right in this area that we live in almost every house has at least one child. We went around to all the neighbors within blocks of there and talked to all of them about what was going on. That there was going to be this open ditch and our response to them or when we talked to them we asked for a response from them. What they would like to see done with the ditch and everyone wanted it to be tiled for the safety of their children. So that is our concern that it is tiled so that the children will be safe, that is our first and foremost important thing. With this water from what we have understood it would be pretty swift moving water if it was left open. Which causes a real hazard and I think we need to keep in mind the safety of our kids. So, that is all I have to say, thanks. Johnson: Thank you, is there anyone else that would like to come forward? Michelle Noll, 648 E. Hawk, was sworn by the City Attorney. Meridian Planning & Zoning Commission November 14, 1995 Page 34 Noll: I basically have the same thing to say that she does that our children are the biggest concern here and when we bought our lot there was nothing on the plat showing that there was a ditch there. The day that we closed they dug a 9 foot ditch five feet from our property line which I think was a mistake, it was a mistake. We really want to see it tiled. With Nampa Meridian saying that it can't be a bike path along, there is really no reason to have a ditch with fast moving water right between 2 subdivisions. A tot lot would just much better meet the needs of the two subdivisions. I guess we would hope that if they decided not to that it would be fenced so the children can be safe. I think that is all 1 have to say. Johnson: Thank you, is there anyone else? Mr. Shearer, you had a question of Shari Stiles? Shearer: I would like to ask Shari where we are at on the bike path and has the irrigation company stopped the bike path on all subdivisions through that section or are we blocking off the bike path in the middle of the section, what is our situation here? Stiles: Commissioner Shearer, we do have a meeting scheduled tomorrow Gary Smith and myself and their attorney regarding the bike paths. I have never seen anything from Nampa Meridian saying they denied any path along this stretch. They are desirous of us completing our license agreement so we can work out these agreements on each separate pathway. To the east of this property the Slough is open and has at least 8 to 10 feet of a pathway area on each side of this blue. The area to the west has not yet come into the City for development. So we have not yet required anything there. Shearer: Isn't John Ewing's subdivision on the west end of that? Stiles: Where the South Slough comes, goes to the west ofi Bedford Place has not been annexed into the City yet. What he has done has been on the Jackson stub drain as far as landscaping and his pathway. Johnson: On the information submitted by the applicant, incomplete document by license agreement page 11, I think you have a copy of that item 10 (inaudible) the construction plans identified in paragraph A of this exhibit indicate that the licensee intends to construct a bike path within the District's easement for the Finch Lateral. The district does not, by entering into this agreement with licensee license approved authorize or acquiesce construction of bike path or any bike path within the District's easement for the Finch Lateral. As I say that is an incomplete document but I assume that is from Meridian irrigation. Shearer: (Inaudible) • • Meridian Planning & Zoning Commission November 14, 1995 Page 35 Johnson: Any further questions? One last shat, anyone else from the public? Would the applicant like to respond to anything? Wardle: 1 think this matter could be clearly passed on to the City Council where the specific information relative to this pathway system according to the Mayor and Mr. Morrow they have not achieved any success with Nampa Meridian in providing this system component and in fact information that 1 have received is that they would consider bike paths along the drains which are not the fast moving systems but not along the laterals. If there was ever a concern about access one thing that has to happen for the sake of maintenance there is an access point out both ends of this particular system for Nampa Meridian to get to the lateral where it is not tiled. And so there is a physical connection if such a system ever came into being but it looks very doubtful. Thank you. Johnson: Anyone else? If not then I will close the public hearing at this time. This is a request on a preliminary plat, recommendation to the City Council? Smith: Mr. Chairman, I would like to add or ask a question that we didn't receive any information from Nampa Meridian Irrigation District on this plat. At least I don't have anything in my file. One of the things that I didn't include or have my assistant include on this comments to you was the disposition of the 80 foot Nampa Meridian Irrigation District easement within which is located a public road way. Also typically along the fronts of the lots a 10 foot permanent utility easement is granted in the platting of land for utilities such as power, telephone, gas. Location of transformers, location of water meters and I think we need to be in concert with Nampa Meridian Irrigation District as to the use within this 80 foot easement. Number 1 there is a public road within that easement so it is not an exclusive easement. Number 2, the 10 foot easement along the fronts of the lots is typically a utility easement for all utilities. We just need to be sure that this is a workable easement for all parties concerned. That hasn't been transmitted to you from my department and I just wanted to have that of record. Johnson: Thank you Gary. This has gone on for quite awhile this application. Mr. Wardle, do you have anything in writing from Nampa Irrigation on this application? Wardle: Mr. Chairman, not specifically, but let me just illustrate exactly the same situation with respect to easement and public right of way exists along the roadway that bisects the property. The Onweiller Lateral goes through this area that has a similar easement. In their approval of that subdivision plat and the granting of a license agreement it accommodates the road and the necessary public utilities. So we will be doing virtually a carbon copy of that easement situation in this location as was accomplished here for the Onweiler, virtually the same. • • Meridian Planning & Zoning Commission November 14, 1995 Page 36 Johnson: Thank you, it would occur to me we could move this onto the City with conditions you know on those items of question. What would you like to do? Rountree: Mr. Chairman, I make a motion we pass this preliminary plat onto the City Council with a favorable recommendation conditioned on resolving the issues of the City Engineer and potential issues that the Nampa Meridian Irrigation District may have pursuant to the utility easement. Hepper: Second Johnson: We have a motion and a second to pass a favorable recommendation for the preliminary plat onto the City Council as so stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will recess for 10 minutes. TEN MINUTE RECESS Johnson: Let's call the meeting back to order please. ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A LIGHT AUTOMOTIVE AND R.V. REPAIR SHOP BY KEVIN HOWELL AND DIRK MARCUM: Johnson: At this time I will open the public hearing and ask that the representative or the applicant can address the Commission. Dirk Marcum, HC 33 Box 1080, Boise, was sworn by the City Attorney. Marcum: Okay, we are just, here is a look at our project over here that we are proposing on Franklin Road and 10th. We are asking for a conditional use permit for an R.V. repair service, light automotive and R.V. repair service. This building here which you can see is designed and it is approximately 110 foot back from Franklin. (End of Tape) We got this list here and I can start going over them. We have already submitted a variance request for Eight Mile Lateral and that is scheduled for the City Council on December 5th. I am sure you guys have these lists. Johnson: We do and we also have your letter dated today or actually it is from Hubble Engineering that addresses specifically each request. I don't know if you have seen that • Meridian Planning & Zoning Commission November 14, 1995 Page 28 Shearer: Second Johnson: We have a motion and a second to pass a favorable recommendation onto the City Council regarding the preliminary/final plat for the playground subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, Commission members, I am here to discuss a modification of a plat that was approved about a year and a half ago. The first thing that I would like to do is pass out a little illustration of what we are discussing and then I will use the original concept map to discuss it with you. The original annexation and zoning of this 40 acre parcel was an R-8. The preliminary plat that was approved when I recounted I counted 152 it was either 152 or 153 lots. Basically a straight forward subdivision with the minimum 6500 square foot lots. As originally proposed there was a common area strip along the south boundary that was adjacent to the Fothergill subdivision in which it was proposed to realign the Finch Lateral and place a bicycle pathway system. This particular enlargement illustrated the concept. At the time that it was presented to Nampa Meridian they had no difficulty with the relocation but they made no commitment with respect to a pathway in that area. In fact, when the construction plans were designed for that relocation with the single crossing of Arrow Wood Way that connects this project to Fothergill the Nampa Meridian Irrigation District specifically disapproved any pathway system within their easement area. In addition when the construction actually began the adjacent property owners became concerned about the location and the depth of that particular facility. A meeting was held between property owners from Fothergill Subdivision and the developer and Mayor Kingsford, Councilman Walt Morrow, City Engineer Gary Smith. I would like to present to the Commission as well copies of the minutes and the memorandum of understanding an agreement that resulted from that. Johnson: Is that any different from this one. I think we all have that, I made copies for everyone. Wardle: During that particular discussion it was first noted that the relocation plans to Meridian Planning & Zoning Commission November 14, 1995 Page 29 construct the Finch Lateral in that open configuration along the South Boundary had actually been approved. It was made clear that with respect to that item the project could go forward. However the residents did come to a City Council hearing in May of 1995 and a meeting followed that discussion with the Council. The conclusions that were drawn since you all have then just in brief re-statement of the fact that Brighton could come back with up to eight additional residential lots in an amended preliminary plat. That Brighton would the the South Slough or Finch Lateral in accordance. That they would also develop and maintain an area along that corridor for a tot lot and basketball court. Now the preliminary plat that was submitted accomplishes those items. We are talking about a total of 11 lots but among those 11 that there are 2 that were part of the original preliminary plat. One of the 11 lots is designated for the tot lot area that would have some playground equipment and a basketball court and the area is sufficient in size to provide that. It would also be available of residents of both project areas. that particular location is right here. That then leaves eight additional single family lots, all of which exceed 8,000 square feet. Whereas the zone itself would allow lots as small as 6500 square feet. The lots are all 80 plus feet deep and more than or 100 feet or more width. We simply come to you asking for your favorable consideration based on the fact that all parties of concern to this matter, the adjacent property owners in Fothergill Brighton Corporation using the good offices of the City to mediate the concerns did come to a conclusion. That conclusion was to the the lateral to put lots in and to also maintain an opportunity for recreation and a tot lot configuration. The street system remains as originally platted. Nothing else changes except the matter of putting that ditch in a tile. I would respond to any questions the Commission may have. We ask you to pass on a favorable recommendation to the City Council to allow this change. Johnson: Thank you Mike, any questions of Mr. Wardle? Rountree: Gary, our subdivision ordinances do not allow any inclusion of easement for the calculation of square footage for lots is that correct? Smith: If it is an open ditch 1 believe that is correct yes. tf it is a tiled ditch then it is included. Rountree: It is included, okay. Crookston: I would like to ask a question? What is the status of the ditch along the west boundary? Wardle: I believe the west boundary there is a drain along that property line it is on the adjacent property and it remains as is. Meridian Planning & Zoning Commission November 14, 1995 Page 30 Crookston: I believe that our ordinance indicates that if it is adjancent to the property that the tiling ordinance stilt applies. Wardle: Mr. Chairman, Mr. Crookston this is not a lateral, this is a drain that services that area and that was not a matter that was discussed or made part of the original consideration. That is a new action that you are raising and it is on the adjacent property. Hepper: If it is a drain ditch it wouldn't have to be? Crookston Yes, it is any waterway. Hepper: Except drains I thought. Crookston: It actually applies to all of them. We have not required the Nine Mile Drain, Five Mile Drain to be tiled. But it does apply to them. It is my understanding this is not of the nature of the Nine Mile Drain. Hepper: (Inaudible) Crookston: I believe it would, Gary you have had some dealings with this have you not? Smith: Yes, the applicant has applied for a variance from tiling that ditch, that is in the process right now. Wardle: Mr. Chairman and Mr. Crookston I was not aware of the status of that particular item. Crookston: How wide are these 9 or 10 lots on the southern portion? (Inaudible) Wardle: They range from approximately 83 feet in depth and it increases because the configuration of that property expands a little bit as you go to the west and they run from 100 feet in width up to 103 plus, I guess there is one that is 97 feet by roughly 87. Crookston: And you are tiling the Finch Lateral is that correct? Wardle: Yes, the Finch Lateral will be tiled right along the street right of way line in this location. I believe the preliminary plat identified that. Hepper: I have a question on this original version here on the Finch Lateral shows a depth of those lots approximately 80 feet and then it shows the Finch Lateral going just a little off center of right down the center of those lots. Does that leave room to build homes Meridian Planning & Zoning Commission November 14, 1995 Page 31 there without building right on top of the tiled ditch. Would that be located over to the back property line? Wardle: Mr. Hepper, may I see, illustrate what you are talking about on the original. Hepper: On the original, the width is 80 feet right there but the ditch is almost dead center. Wardle: Mr. Hepper, that was the original preliminary plat but that is not where the Finch Lateral was. They did excavate for that relocation but when the issue came up they never did complete the relocation. So that ditch is not served for that purpose as it was illustrated. That is what was intended that will not be the case. So instead of being in that center area it will be tiled up along the roadway right of way itself. I think this illustrates it better, this is the actually original location. Hepper: But on the bottom plat where will it be relocated to? Wardle: It will be relocated approximately, it is within a 20 foot easement that will fall along the property line and it will be the standard set back anyway. I am guessing dimensional it is probably 5 feet off the property line. Johnson: Any other questions? Rountree: What is a tot lot? Wardle: Well we assume it appeals to the younger generation. But it will have playground equipment and there would also be a basketball court facility. Rountree: Is that a full court, half course, 1/4 court. Wardle: Half court. Rountree: Would the tot be fenced? Wardle: The tot lot area? Rountree: Yes Wardle: I don't know that we actually have a detailed layout of that facility as of yet whether it would be fenced or not I don't know. Rountree: And the care and maintenance of that facility would be the responsibility of the Meridian Planning & Zoning Commission November 14, 1995 Page 32 homeowner. Wardle: That is correct. Crookston: It was my understanding that was supposed to be an entire basketball court. I thought (inaudible) Wardle: Perhaps Mr. Turnbull would be more willing to come and address that particular subject. You can see form the list of attendees I was not there when the issue was discussed. David Turnbull, was sworn by the City Attorney. Turnbull: We have submitted a layout for that property, it includes a tot lot with, in fact I believe we submitted a photograph of the type of playground equipment we intend to buy that is the same as provided in the Mill Creek Subdivision on Overland and Maple Grove that was done by Bryce Peterson. The tot lot equipment is constructed by a company I believe out of Murtaugh, I don't remember the exact location but somewhere in south central Idaho. Fairly substantial with the timbers and so forth. The basketball court is a half court, actually we enlarged it larger than you would find in most of these tot lot type situations, provide for a full 3 point cirGe and some perimeter shooting. It is not a full court basketball court, I don't think we want to asphalt the whole area but we did want to provide that recreational opportunity. Pertaining to fencing, we have situated this in the middle of a stretch of common area grass area that some 300 feet long, it would be appropriate to have fencing in the rear of the property. I don't know that we want to fence the whole thing in and make it a little, you know how much we want to enclose that in when it already sits in the middle of a fairly wide common area parcel. That was not something that was addressed as far as entire perimeter fencing. Crookston: It was my understanding that the basketball court was to be a full court. Turnbull: Where did you receive that understanding? Crookston: Dave I would have to go back and look at the record, but that is what I call excuse me that is what I recall was stated when we were discussing this I don't know back in (inaudible). Turnbull: Well, that was, I don't even know if that is desirable. This is a typical tot lot neighborhood situation that you find in many neighborhoods where you have a half court basketball court situation. Like I said 1 would prefer to provide some more green areas as well but that. Like I said that is what we had envisioned and what we proposed. I suppose • • Meridian Planning & Zoning Commission November 14, 1995 Page 33 you could talk to Walt or Councilman Morrow and Mayor Kingsford as the two representative of the City were in the meeting with the neighbors. But that is what we had envisioned. Crookston: I don't recall that the basketball court was supposed to be part of the tot lot at all. As I recall they were two separate ideas. A basketball court and a tot lot. Turnbull: That is true in a common area. They were going to exist side by side. Crookston: I don't recall that, that could be the way it is, but I recall them being two basically separate facilities and a full basketball court. I will have to go back and look at my notes and what record I do have. Johnson: Okay, moving on, any other questions here? Thanks David, this is a public hearing, is there anyone else that would like to address the Commission on this issue? Shearer: Jim, I would have a question of Shari on this bike path. Johnson: Let's see if someone else wants to address the Commission first. Amy Duenas, Fothergill Pointe, was sworn by the City Attorney. Duenas: I live in Fothergill Pointe which is currently my property line is about five to 10 feet from where they have originally decided to relocate this Finch Lateral. 1 spoke on behalf earlier the last time we met on behalf of my neighborhood of our concerns of having an open lateral with so many small children around. Our neighborhood a lot of the surrounding neighborhoods primarily are for first time home buyers which means most of them are going to have small young children. Especially right in this area that we live in almost every house has at least one child. We went around to all the neighbors within blocks of there and talked to all of them about what was going on. That there was going to be this open ditch and our response to them or when we talked to them we asked for a response from them. What they would like to see done with the ditch and everyone wanted it to be tiled for the safety of their children. So that is our concern that it is tiled so that the children will be safe, that is our first and foremost important thing. With this water from what we have understood it would be pretty swift moving water if it was left open. Which causes a real hazard and I think we need to keep in mind the safety of our kids. So, that is all I have to say, thanks. Johnson: Thank you, is there anyone else that would like to come forward? Michelle Noll, 648 E. Hawk, was sworn by the City Attorney. • . Meridian Planning & Zoning Commission November 14, 1995 Page 34 Noll: I basically have the same thing to say that she does that our children are the biggest concern here and when we bought our lot there was nothing on the plat showing that there was a ditch there. The day that we closed they dug a 9 foot ditch five feet from our property line which I think was a mistake, it was a mistake. We really want to see it tiled. With Nampa Meridian saying that it can't be a bike path along, there is really no reason to have a ditch with fast moving water right between 2 subdivisions. A tot lot would just much better meet the needs of the two subdivisions. I guess we would hope that if they decided not to that it would be fenced so the children can be safe. I think that is all I have to say. Johnson: Thank you, is there anyone else? Mr. Shearer, you had a question of Shari Stiles? Shearer: I would like to ask Shari where we are at on the bike path and has the irrigation company stopped the bike path on all subdivisions through that section or are we blocking off the bike path in the middle of the section, what is our situation here? Stiles: Commissioner Shearer, we do have a meeting scheduled tomorrow Gary Smith and myself and their attorney regarding the bike paths. I have never seen anything from Nampa Meridian saying they denied any path along this stretch. They are desirous of us completing our license agreement so we can work out these agreements on each separate pathway. To the east of this property the Slough is open and has at least 8 to 10 feet of a pathway area on each side of this blue. The area to the west has not yet come into the City for development. So we have not yet required anything there. Shearer: Isn't John Ewing's subdivision on the west end of that? Stiles: Where the South Slough comes, goes to the west of Bedford Place has not been annexed into the City yet. What he has done has been on the Jackson stub drain as far as landscaping and his pathway. Johnson: On the information submitted by the applicant, incomplete document by license agreement page 11, I think you have a copy of that item 10 (inaudible) the construction plans identified in paragraph A of this exhibit indicate that the licensee intends to construct a bike path within the District's easement for the Finch Lateral. The district does not, by entering into this agreement with licensee license approved authorize or acquiesce construction of bike path or any bike path within the District's easement for the Finch Lateral. As I say that is an incomplete document but I assume that is from Meridian irrigation. Shearer: (Inaudible) • • Meridian Planning & Zoning Commission November 14, 1995 Page 35 Johnson: Any further questions? One last shot, anyone else from the public? Would the applicant like to respond to anything? Wardle: I think this matter could be clearly passed on to the City, Council where the specific information relative to this pathway system according to the Mayor and Mr. Morrow they have not achieved any success with Nampa Meridian in providing this system component and in fact information that 1 have received is that they would consider bike paths along the drains which are not the fast moving systems but not along the laterals. If there was ever a concern about access one thing that has to happen for the sake of maintenance there is an access point out both ends of this particular system for Nampa Meridian to get to the lateral where it is not tiled. And so there is a physical connection if such a system ever came into being but it looks very doubtful. Thank you. Johnson: Anyone else? If not then I will close the public hearing at this time. This is a request on a preliminary plat, recommendation to the City Council? Smith: Mr. Chairman, I would like to add or ask a question that we didn't receive any information from Nampa Meridian Irrigation District on this plat. At least I don't have anything in my file. One of the things that I didn't include or have my assistant include on this comments to you was the disposition of the 80 foot Nampa Meridian Irrigation District easement within which is located a public road way. Also typically along the fronts of the lots a 10 foot permanent utility easement is granted in the platting of land for utilities such as power, telephone, gas. Location of transformers, location of water meters and I think we need to be in concert with Nampa Meridian Irrigation District as to the use within this 80 foot easement. Number 1 there is a public road within that easement so it is not an exclusive easement. Number 2, the 10 foot easement along the fronts of the lots is typically a utility easement for all utilities. We just need to be sure that this is a workable easement for all parties concerned. That hasn't been transmitted to you from my department and I just wanted to have that of record. Johnson: Thank you Gary. This has gone on for quite awhile this application. Mr. Wardle, do you have anything in writing from Nampa Irrigation on this application? Wardle: Mr. Chairman, not specifically, but let me just illustrate exactly the same situation with respect to easement and public right of way exists along the roadway that bisects the property. The Onweiller Lateral goes through this area that has a similar easement. In their approval of that subdivision plat and the granting of a license agreement it accommodates the road and the necessary public utilities. So we will be doing virtually a carbon copy of that easement situation in this location as was accomplished here for the Onweiler, virtually the same. • Meridian Planning & Zoning Commission November 14, 1995 Page 36 Johnson: Thank you, it would occur to me we could move this onto the City with conditions you know on those items of question. What would you like to do? Rountree: Mr. Chairman, I make a motion we pass this preliminary plat onto the City Council with a favorable recommendation conditioned on resolving the issues of the City Engineer and potential issues that the Nampa Meridian Irrigation District may have pursuant to the utility easement. Hepper: Second Johnson: We have a motion and a second to pass a favorable recommendation for the preliminary plat onto the City Council as so stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will recess for 10 minutes. TEN MINUTE RECESS Johnson: Let's call the meeting back to order please. ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A LIGHT AUTOMOTIVE AND R.V. REPAIR SHOP BY KEVIN HOWELL AND DIRK MARCUM: Johnson: At this time I will open the public hearing and ask that the representative or the applicant can address the Commission. Dirk Marcum, HC 33 Box 1080, Boise, was sworn by the City Attorney. Marcum: Okay, we are just, here is a look at our project over here that we are proposing on Franklin Road and 10th. We are asking for a conditional use permit for an R.V. repair service, light automotive and R.V. repair service. This building here which you can see is designed and it is approximately-110 foot back from Franklin. (End of Tape) We got this list here and 1 can start going over them. We have already submitted a variance request for Eight Mile Lateral and that is scheduled for the City Council on December 5th. I am sure you guys have these lists. Johnson: We do and we also have your letter dated today or actually it is from Hubble Engineering that addresses specifically each request. I don't know if you have seen that Meridian City Council December 19, 1995 Page 21 Tolsma: It has been moved and seconded to Smith: Councilman Corrie, Council members, we received that letter and I believe Mr. Lindley was in maybe Monday I guess and talked to me about the ditch on the adjacent property of the transport, truck and trailer proposal that is before you tonight. So depending on which property it is on you are absolutely right that ditch will need to be piped and taken care of. Tolsma: Okay, we have had a motion by Walt, second by Max to approve the preliminary plat for the Playground Subdivision subject to Nampa Meridian Irrigation's, Ada County Highway District's and the City of Meridian's staff conditions being met and modification of the lots so they do not impact the neighbors on the north side of the freeway. These conditions have to be met before the final (inaudible) Morrow: That is correct, my motion was only for the preliminary plat. I realize the application if for a split preliminary/final, the motion is strictly for the preliminary. Tolsma: All those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: Wayne, would you table the final plat then until these other conditions are met? Crookston: Yes you would, if it is on the agenda, my agenda that I have which must be an earlier agenda only has the preliminary plat but 1 knew that they applied for both. So that should be tabled also. Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to table the final plat until January 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION BY BRIGHTON CORPORATION: Tolsma: Is there a representative here? Meridian City Council December 19, 1995 Page 22 Mike Wardle, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Approximately a year and a half ago the Council approved a preliminary plat for Bedford Place Subdivision which essentially a 40 acre parcel just south of Ustick Road lying north of the Fothergill Pointe subdivision that had previously been approved. Subsequently one half of this subdivisions has been final platted and construction has been under way for some time both on the improvements as well as the homes there in. One of the early points of the proposal was a greenbelt system along the re-aligned south slough at the south end of the property. In the original proposal the south slough shown in this shaded area to the north was going to be re-aligned along the common boundary with Fothergill Subdivision. In fact plans were approved by both the City and Nampa Meridian Irrigation District for that relocation. One of the problems that occurred however was that when the construction commenced and the depth of that particular facility became evident to homeowners in the Fothergill Subdivision they approached the City and concerns expressed led to a meeting on the 9th of May, 1995 in the offices of the City with members of the City being present, the Mayor Grant Kingsford, Councilman Walt MonroW, City Engineer Gary Smith, representatives of the developer and Hubble Engineering and the developers of the adjacent Fothergill Subdivision and some neighbors who had expressed the concern. There was one other factor that had come to the fore during the approval process for the re-alignment of the South Slough or Finch Lateral and that a specific statement and I believe and 1 am aware that your Council packet has all the items that have been presented to the Planning Commission a month ago. But one very specific statement from the license agreement agreed to between the developer the Brighton Corporation and Nampa Meridian Irrigation District states as follows, and this is coming from license agreement page 11, item N, the construction plans identified in paragraph A of this exhibit state that the licensee intends to construct a bike path within the district's easment (inaudible). The District does not by entering this agreement of license approve authorize or acquiesce construction of said bike path or any bike path within the District's easement of the Finch Lateral. Those two items taken together, the concern of the adjacent property owners and the specific statement or reference by Nampa Meridian that they are not approving a bike path in tha area lead to the discussion and a memorandum of understanding and agreement between the parties and those parties be specifically private parties the City gave the good offices for the discussion but did not specifically sign the agreement between Brighton or the adjacent property owners or developer. But in that agreement the consensus was that Brighton could in fact amend its plat, to the the South Slough and gain approval for some additional lots along that area to off set the cost of construction for that that had been previously approved. And yet with the maintaining of some common area facilities in the form of a tot lot that would be acceptable to not only the property owners in Bedford Place but also without restriction to adjacent properties as well in the Fothergill Subdivision. Now the specific concept has not been presented to the ~ ~ Meridian City Council December 19, 1995 Page 23 City for the approval but the idea. I will take this off and pass it to the Council for the record as showing a tot lot area that would have some type of playground equipment in it. A half course basket ball facility and then some area on the sides of that for activity functions that might be possible, it is still fairly small but nevertheless is a usable area. So, what we are talking about then instead of the open lateral it will be piped along the frontage of the street, there will be eight additional lots platted for construction and then the maintenance of a common area for tot lot, half course basket ball and passive activities that might be appropriate. I will represent this to the Clerk for the record. Mr. President, members of the Council, I don't think there is any point in going further, I think it is a pretty straight forward situation. There is only one comment that we would make in as much as it seems that those adjacent to it and the developer did come to an agreement that the Nampa Meridian Irrigation District comments in the packet that we received for this particular meeting had an interesting statement. And I just want to clarify what transpired. The bottom of their comment sheet in your packet, they have a bold note that says the 15 foot access to Nampa Meridian Irrigation District's lateral may not be acceptable. The interesting think is that they appear to be talking about the Onweiler which goes through the middle of the project and has already been approved in both easement and access. If their comment pertains to the South Slough, what is being proposed is precisely the same arrangement. In fact it is not just a 15 foot easment unencumbered easement for their access it is actually 25 feet. The plat shows that clearly. If there is any mis conception on that part it would be clarified in a license agreement wit them for the tiling of this lateral. If there are any questions specific to that we would try to respond to those. Morrow. Mr. Wardle, I have a question with respect to the minutes when this went through P & Z, a point that Mr. Crookston raised. In terms of whether the basket ball facility was supposed to be a half course or a full court. He indicates that he will have to go look at his notes and records to see. Have you researched any, after your presentation before P & Z and this came to be an issues. That issues come up only from Mr. Crookston. We have not found any record of this (inaudible) he was not involved according to the minutes of the meeting that were held on the 9th of May. I am not aware of any subsequent discussions that talked about specifics of those improvements. No, Mr. Turnbull is here I sure if there is other information, but there is no record that I can find from that discussion. It lead to a commitment for a full court basketball facilitate. Crookston: Excuse me, I did intend to look at the record to find out what was done. 1 have not had the time to do that and I apologize for that. If the Council desires me to do that still I certainly will do it. I think I would like to satisfy my own mind as to whether or not that was done or not. As I recall it, just in conversations 1 don't know if it was stated at a public hearing or not. As I recall it, it was to be a separate tot lot and a separate basketball court. I cannot recall specifically whether or not it was a full sized basketball court, meaning a basket on each end. I just don't recall that specifically. But what I do recall is that they Meridian City Council December 19, 1995 Page 24 • were to be separate lots. But I need to check the record on that. It may not have been, that is just how I recall it. Wardle: Mr. President, the one item that is noted in the minutes of that meeting, it says that the Brighton Corporation, this is item #3 in the proposal, that Brighton Corporation develop the equivalent of a minimum of two subdivisions as common area, tot lot and basketball court or volleyball court for children and residents of both subdivisions. Now, the area in question is substantially more than what would be two lots in that particular zone. Mr. President that is the end of my presentation if there are questions. Tolsma: There was one question that I had on the main street through this subdivision I believe there was supposed to be and your map doesn't show it (inaudible) green area all the way through this (.inaudible) Fothergill Subdivision. (Inaudible) in the entrance but it was supposed to be a green area all the way through this subdivision as more or a corridor street. Wardle: Yes, Mr. President, in fact there is a common area strip on the east side of that street. There is no common area when you get into Fothergill Subdivision, you are simply back to existing lots. That street actually is under ACHD standards now, 56 foot collector no access by any lots. Those have that buffer strip. I would believe that it shows that strip along there. Tolsma: It just wasn't colored on your map. Wardle: That was an earlier version. Morrow. Mr. President, I would like to have Gary's comments and then Shari's comments. Corrie: While they are doing that, Mr. Wardle I had a question, on the faxed message from David Turnbull to you it is part of the record here, evidently your conversation with Mayor Kingsford and Councilman Morrow that NMID (inaudible) along the laterals (inaudible) to satisfy the Fothergill neighbors to construct a tot lot and a basketball court as a neighborhood amenity. I guess was the tot lot and the court together in this one? Wardle: No, Mr. President and Mr. Corrie, in fact if you look at that little schematic again it shows both facilities, we just haven't detailed it particularly but it does show both. The playground for the children and a basketball facility. It is a half court. Tolsma: Any other questions of Mr. Wardle. Morrow: I would like to hear the staff comments and Mr. Wardle's response to those • Meridian City Council December 19, 1995 Page 25 comments please. • Smith: Mr. President, Council members and Councilman Morrow, the staff comments from public works department are pretty straight forward. I think the only thing that we asked for additionally than what had been supplied was a map indicating the location of the soil test pits. But that is a minor item. Sanitary sewer and water will be provided off the existing lines that are presently serving the number one subdivision. That is all my comments. Morrow. In your testimony to P & Z you talked about the and I am quoting now, "we just need to be sure that this is a workable easement for all parties concerned this hasn't been transmitted to you from my department and I just wanted to have that of record." It is in response to questions about the easement for Nampa Meridian. Has that been resolved to your satifaction? Smith: I think Mr. Wardle resolved it at the hearing that night Councilman Morrow. It is a similar situation to what exists with Onweiller lateral which was in phase #1 subdivision. So the irrigation district easment is basically overlapped by the public right of way. I don't believe that is a concern now. (End of Tape) Stiles: (Inaudible) final plat stage we would get a copy of the license agreement and those other changes would need to be made. The rest I believe is self explanatory. Tolsma: Any other questions of staff? This is a public hearing is there anybody else that wants to offer testimony on this? David Turnbull, 12301 West Explorer Drive, Boise, was sworn by the City Attorney. Turnbull: In as much as Walt and I were the only ones at the meeting on May 9th that was referenced by Mr. Wardle I thought I v~rould just address any issues that might have been brought up there particularly with regard to the tot lot and the basketball court. I believe one of the Fothergill neighbors is also here to testify. Basically what we had envisioned and this is consistent with what you find in most neighborhood park amenities is a half court basketball court with a tot lot. I did reference in the Planning and Zoning Commission that we plan on putting in the manufactured tot lot equipment is the same one that did the Mill Creek Subdivision on Overland Road, that Bryce Peterson did. It is a fairly substantial peke of equipment I think it is manufactured out of south central Idaho and that is what we intend to provide there. So it will be very durable and long lasting. As for the basketball court, my point is that we are trying to provide some surrounding greenscape buffer as well. My contention would be and Walt may be able to verify what the intent was. My contention is that a full court basketball court would neither be desirable nor feasible. Basically if you are going to have an outdoor sports facility you want the directions to face i • Meridian City Council December 19, 1995 Page 26 north south to keep the glare of the afternoon, evening sun out of your eyes. The only way to do a full court basketball court in this situation would be to run it east-west and not to mention it would eat up a lot of the green space. I might note that entire area whether you consider it a separate lot I suppose it could be platted as separate tot lot and basketball court lot but I don't know that does any good. It is probably better off being platted as one common area fot. In any case that entire common area lot there is roughly the length of a football field, 300 feet long, 100 yards long. Anyway, if the Council has any other questions I would be glad to address them. Morrow. The lots will be maintained and owned by the homeowners association will they not anyway? Turnbull: The common area lot, yes. Morrow: So it does not matter if it is one lot or two lots. Turnbull: Correct. Morrow. Thank you Turnbull: As you can see we have provided a separation between (End of Tape) Tolsma: Council members? Morrow. Mr. President, I would move that we approve the preliminary plat subject to staff conditions, ACRD conditions and Nampa Meridian conditions. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the preliminary plat for Bedford Place Subdivision subject to staff conditions, ACHD conditions and Nampa Meridian Irrigation District conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: Tolsma: Is there a representative here? Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City MERIDIAN PLANNING 8~ 20NING COMMISSION MEETING: NOVEMBER 14.1995 APPLICANT: BRIGHTON CORPORATION AGENDA ITEM NUMBER: 7 REQUEST: PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: • .u SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ' ~d`' d'~ f~,~ e~ ~" ~~ ~''`~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: DECEMBER 19.1995 r APPLICANT: BRIGHTON CORPORATION ITEM NUMBER; ~ ~/ REQUEST;_PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR BEDFORD PLACE SUBD. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS MINUTES FROM 11-14-95 P & Z MEETING SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS , "REVIEWED" ,~,/. SEE ATTACHED COMMENTS ~ /J~ " ,~ ~~ v. ~ ~ ~~~ c~ ~( ~ ~' ~ ~~ ~~ - SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. DIVISION EVALUATIO~HEET Proposed Development Name BEDFORD PLACE SUB City MERIDIAN Date Reviewed 10/2BJ95 Preliminary Stage XXXXX Final Engineer/Developer Hubble Enar. /Bright 'n Corneration The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance vrith the Boise City Street Name Ordinance. _ "E USTICK ROAD" "N ORTH ARRO WWOOD WAY" "E ADDESO N STREET" "N ANSTON AVENUE" SE DGEWI CK STR " - EET "E E DGAR ST REET" "E E DGAR CO URT" "E WA_KELY STREET" "E WAKELY COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order fort a street names to be officially approved. ADA COUNTY STREET NAME. COMMITTEE, E CY P S NTATIVES OR DESIGNEES Ada County Engineer Jahn Priester Date ~~ n Ada Planning Assoc. Terri Raynor ~t c-~- ~ Date City of Meridian Representative ~ Date /D 2lP sr Meridian Fire District Representative ~ ~:, Date Q'S NOTE: A copy of this evaluation sheet must be presented to the A a County Engineer at the time of signing the "final plat`, otherwise the plat will not be signed !!!! 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A C m ~ 8 Q~ ~Ni y m p ~ O ~ Y ~ ~ .1 ~a~,~~;.~ ~a ~'~ ~' y A ~ '~ a 00 O ~ ri ~d aOO .~ • m a ~~ •~.,~ t~setlo~~u~ ~ • o .~ • o~'ii aN~v• ~+ gw.rroo ar ~~~ N ° O M • • • MEMOR~INDUM OE UNDERSTANDING ANO AGREEMENT A meeting was held oa May 9, 1995 which was attended by the following individuals/rep resentatives: Mayor Crrant Kingsford Councilman Wah Morrow City Engineer Gary Smith Brighton Corporation President David Turnbull Brighton Corporation Secretary Mice 'Tanner Hubble Engineer Geae Smith Developer Sarah Ewing Developer John Ewing Neighbors Amy Dumas, Michelle Noll, Todd Woodell The following backgound and discussion was rehearsed: Brighton Corporation has approved plans to construct and relocate the Fmch literal (South Slough) in an open ditch along the south boundary of its property (Bedford Place Subdivision) which adjoins Fothexgdl Subdivision developed by John and Sarah Ewing. Neighboring residents, unaware that the ditch would be moved, became alarnmed upon witnessing the relocation. Their concerns were heightened by errors made dutnag .construction with respect to location and depth of eonstsucti~on. 'The residents protested the relocation at a City Council hearing held on May 2, 1995. 17ie Coursed directed Brighton Corporation, the developer, to backfiIl the ditch to a safe condition until all parties could meet to discuss and resoh+e the issue. The following discussion and resolution was agreed to by the parties at the meeti~ag held on May 9, 1995. Brighton Corporation did imdeed reduce the ditch to a Safe condition prior to the meetiong. This was done by dewatering and partially back511itig the ditch. Brighton continues to maintain the ditch in a safe condition. Brighton Corporation represented that they could comply fully with approved plans to construct the open ditch across their property, Bedford Place Subdivision. The neighbors contended that they preferred that the ditch be tiled for the long-reran safety of their children. Brighton indicated that the cost to file the ditch would be exceedingly expensive and had aoc budgeted for this ta'liag in the project. AddgionaUy, Msyor Kingsford and Councilman Morrow indicated that Nampa-Meridian Irrigation District would not allow the walkway/geenbelt as approved by the City Council and therefore supported an idea of increasing the number of lots, tdirig the ditch and adding playground amenities. Therefore, in the best interest of all concerned, Brighton agreed to rile the ditch and construct common area amenities PROVIDED the City of Meridian would approve an • prclitninary plat showing an increase of up to eight (8) additional residential tots. This increase in lots would aQow Brighton Corporation to recoup the cost of tiling the ditch. This solution was supported by all the parties. Neighborhood representatives indicated that they would enjoin the residents of FothergiU Subdivision to testify is favor of the amended preliminary plat at public hearings. The mayor, Grant Kingsford, and Councr7man Walt Morrow said that the proposal would have their support and voce. John and Sarah Ewing thought that this was a good sohuioa and offered their support PROPOSAL: All of the parties therefore did agree and do agree to support the following proposal: 1. That Brighton Corporation wiII be granted an increase of up to eight (8) additional residential lots in an amended preliminary plat of Bedford dace Subdivision; 2. That Brighton Corporation tale the South Slough Ditch entirely across Bedford Place Subdivision; 3, that Brighton Corporation develop the equivalent of a minimum of two (2) subdivision lots as commoou arcs (tot lot and baslcetbaIl court or volleyball court) for the children and residents of both Fotherg~l and Bedford Place Subdivisions; 4. That Proposals #2 and #3 are contingent upon the approval of Proposal #1. Lhntll such approval is granted Brighton Corporation miaiataias approved plans u approved by the Meridian City CouncII. Brighton Corporation shaII Lave the right to proceed with platting of Phase 1 of Bedford Place Subdivision wL~le revi.~ng the prehminary plat to reSect the above agram~eat. ~ -s ceae sash ~,yving/Date ,~ 9s. lute ate MiCLelle NO ate ~u~ ~ ?~ 9~- lass -9~ annex Todd WoodeWDate ~'~ ~ ~ liay 26, 1995 RE: Background and Discussion I agree with the discussion, except for the fact that Brighton Corp. didn't give any number of lots that they needed in order to recoup financially for the tiling of the ditch. I personally don't care how many lots they have, any amount is o.k. with me, but no number was mentioned to my recollection. Sara L. Ewing • • further agrees that, it such construction is not completed within two years from the date o! this agreement, Licensee shall resubmit construction plans to the District for review and approval, subject to the standards and specification as the District may at such time require. Such future approval of the District shall be granted by execution of an addendum to this agreement executed by the Licensee and the District. 1. Licensee shall construct a roadway for access and maintenance o! the Onweiler Lateral and related irrigation works within the section of the Districts easement depicted in Exhibit D-1 and described in Exhibit D-2. m. The location and specifications for the manhole covers depicted in the. construction plans referenced in paragraph a of this Exhibit are hereby amended and shall be installed in accordan the of which be atad to Licensee by 1 r. n. The construction plans identified in paragraph a of this Exhibit indicate that the Licensee intends to construct a bike path within the District's easement for the Finch Lateral. The District does not, by entering this agreement with License approve, authorize, or acquiesce to the construction said bike path or any bike path within the District's oas~aent !or thi Finch Lateral. /\ /~ saa's~iall plat no structures of any kind above ground on the District's easement areas except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's right of way along the Onwefler Lateral is 50 feet, 15 teat to the left o! centerline looking downstream, 3S feet to the right, and along Finch Lateral is so feet, 40 toot to either oide of centerline. p. Construction shall ba completed not later than March 30, 1995, with the exception of the piping o! the portion of the orneiler lateral located to the east o! Lot 13, which is located vn the east side of North ArroVhead flay. Construction o! said portion of the Onweiler Lateral shall not commence prior to October 1S, 1995, shall be completed not later than two years from the date of this agreement, and shall not occur during the irrigation season, between March 15 and October 15. Time is of th• essence. LICENSE AGREEMENT - Paqe 11 • Brighton - s` YO/OItON FAX MESSAGE November 13,1995 TO: Mike Waxdle FROM: David Turnbull FAX N0.208-377-8962 TEL N0.208-378-4000 NUMBER OF P.A-GES INCLUDING THIS SHEET: like: I'm not sure how much you have been kept abreast of the Bedford )'lace situation as it concerns the amended preliminary plat so I thought I would send the following update: The basics of the situation are outlined in the Memorandum of Understanding and Agreement attached. Basically, the Mayor stated in the May 9 meeting that, whether or not a variance was required, the preliminary plat was approved with the Finch Lateral being leR open and a pathway constructed alongside in a greenbelt. He and Walt Morrow affirmed that was the intent of the Council and that as far as they were concerned, as long as we built it according to the original plans and approval that we were OK, even if a formal variance bearing were required. Even so, significant opposition from the neighbors in Fothergill was evident. They wanted the Finch piped. Also, we pointed out that the Nampa-Meridian Irrigation District refused ~ to allow a pedestrian path in our license agreement with them (see attached license agreement). Kingsford and Morrow conceded that N1VID) had rebuffed the City's efforts for approval of greenbelts along laterals (they do allow them along drains). I offered as a solution the idea that we pipe the ditch to satisfy the Fothergill neighbors, we constivct a i ~ tot lot and a basketball court as a neighborhood ametity (which really is more conducive to the neighborhood's recreational needs and would be much better utilized), and that we add 8 lots approximately 100' wide x 80-85' deep to help defray the additional costs. Everyone in the meeting agreed that this was the best solution. The Fothergill neighbors were fully supportive and agreed to attend the hearings to testify. The Ewings, who developed Fothergill, also supported the plan and encouraged the neighbors to turn out. Kingsford and Morrow, while not certain a public hearing would be required, also supported the plan. Mike Tanner reviewed the irrigation plan (alignment, easements and encroachments) with John Anderson of NMID and said he approved of the concept, subject to Snal construction plans. It is essentially the same thing we did with the Onweiger Lateral, running the pipe in the front lot line, talsing.it between two lots on either end with an encroachment agreement for those four lots. t .. -~~`.~ NUBBLE ENGINEERING, INC. `~~ ~~ % 950 Bethel Court • Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 l ~ Nov ~~ ~ Pm~ect ---~ - i Name --- ~1, --------- ------- j i 9~b,e~t _ _- ---------- -- - -- -- -- - _ ------ 0 ---- ----- Cak By ---- ---- Date -------1 -- -- - - Checked By _ Date ~ Sheer ~t --_ ~ , _. __1 fio: D,acv C?~-~ ~c~r~r trw- ~ u Imo=: ~~rsr`~ ~~i='~D ~e~ ~-Cry-~ -1-a~.~azzc-~u ~„r,+~- w~ rv~c~ ~~xrr- ~v ~~ ~u*~ /1-~U-Tj 7'N-F' t?~4-u~ b~- /~J7~u~r4-- /1M~i2~DUt~u ~~-r~er.i to ~ ~~~ sr.~sz~ , ~~~ ~~ ~ ~~ ~ 1~ i~ A-~-~r~v w7t~ 7~t fit. u-~t-eyv ~~C 2t ~t-it~ ~ I~ W'~ 'b~Y•t- f~i4-t1`~ ~{-~ erz ~-~r-F j'lrt~=~z ~~ ~-o Imo- ~-o~c-t~e~ g~~ Chi- A~'~-r-' ~ Y~i~-7~ --- e~ rn~ i~ . /!/~~ • HUB OF TREASURE VALLEY • OFFICIALS COUN CIL MEMBER8 WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, Clty Treasurer MAX YERRtNGTON ROBERT D. CORRIE BRUCE D. STUART, Watsr Work Sept. CITY OF MERIDIAN WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. P i Z COMMISSION DENNIS J. SUMMERS, Parke Supt. ~ .• 33 EAST IDAHO r J~II pqq pp~ (~; ~ ;, ~ ' ~~ ~ ~ , JIM JOHNSON, Chairman MOEAUOJANI KENNETH W. BOWERSAFIroChlef " MERIDIAN, IDAHO 83642 •^ ^ . _: J"il U i ?~~~~~°'! ~ '~ ~ , JIM SHEARER W. L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887813 ~ - , ` ~CHARUE ROUNTREE ~ WAYNE G. CROOKSTON, JR., Attorney public Works/B ' utiding Dtpaartment ~2oe) 887-22> > ~ TIM HEPPER 24 G~ ~~- GRANT P. KINGSFORD ~~ ~~ 1-- ::~ J ~ C51 'I~,f~ 9 i A '+ ~ , , TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 1 0/19/95 HEARING DATE: 11/14/95 REQUEST:~reliminarv Pla t for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick oad and W t f es o Meridan Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C1C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8t FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Onweiler Lateral courses through the middle of the project. -CITY ATTORNEY The right-of-wa of the Onweiler Lateral is 50 feet• 35 -CITY ENGINEER feet to the right and 15 feet to the left of center facing CITY PLANNER downstream. See Idaho Code 42-1208 RIGHTS-OF-WAY NOT SUB e evelo er must contact John Anderson or Bill Henson at Namna I, Marirjian Trrig~tinn n;~r,-;,.,- 466-0663 or 345 2431 for anyroval before any encroachment or chan>?e of ri;;ht-of-wa occurs All laterals and waste ways must be prot~.ct_e_d. Municipal surface drainage must be retained on site If any drainage leaves the S,rP._Namna & Merid;an Irrigation District must review drainage plans It is recnm,nanr~Pd that irrigat;on water be made available to all developments within this District. Thies ilictrirr ra=nirac ha anti TisP hange/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. NOTE: THE 15 FOOT ACCESS TO NAMPA ~ MERIDIAN IRRIGATION DISTRICT'$ LATERAL MAY NOT BE ACCEPTABLE . -~ : '" ' ; • :. ~„~ Bill Henson, Assistant Water Superintendent I.•/ Nampa & Meridian Irrigation District ..~ ~ ~,.~ ~e~..a~a.y~, CENTRAL •• DISTRICT I~EALTH DEPARTMENT MAIN OFFICF • 101 N. ARMSTRONG PL • BCISE.10.83104-0825 • (208) 375.521) ~ F To prevent and that disease and disabilI to romote health lI es les; ~ ~l~ hJ~ P y j ty and to protect and promote the health and quality of our environment STORl~IWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise and Ada Counties Ado ~ kiw CawMp of6u MIIC loss • wlaidon 6nars Caiertr osa g~ Cau~r Ores yam, Cpl ply ~ K M~ ~ Id00 aooerr a. 52D E 8n 51set N. a Enri~ar++ard e.oe+ P a eo. iwe saes. 0. S31'OICl125 saes. m. 8,1705 ftAOUNan Fbrtis. m. 190 S 4h Sheaf E A~CCd 0.87A1rf ErMO. HeaWr ]27.1499 Ri. ~J4.3JS5 8J617 DR S81•Ie01 Motnlan tbrns. i0. R- aJ4.7141 FamN Plorw+¢ 12).1400 J241Aerdon Qd, 8~E17 PR Ss1.92IS tnnry+aahonc 127.7450 AMialon. ~. 81E42 MAnlbrr 127.74E0 Rt 8s8~o52S ® 'MC. ~7.748s . CENTRAL C •• ~DISTRICT ~ITHEALTH DEPARTMENT Rezone # O C T 3 p 1p9~^ Boise Eagle ~.~T~ ~~ ~~~f~flarden city ' al Use # ®Meridian _ ^ Kuna Preliminary Final /Short Plat ~E~ o~~ ~~~ ~~tfDw~s~~,~l ^ ACZ ^ I. 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 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. 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 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water ,~] 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. 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 ~G I5. Date 1~ ~ ~s~ 9s~ ~6iQi~1W~i~z /LI/l'N~'CrEi~lL=h/T ~'Ci~/7~~7''/i9' Reviewed By: CDHD ID/91 «b, rev. I/95 Review Sheet DISTRICT HEALTH DEPARTFIENT Environmental Health Division to: S~IVISION EVALUATION STiEET ~~~~~~~~ NOV 0 9 1995 Proposed Development Name t~FDFnRD Pt ACE SUB City Date Reviewed 10/26/95 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr. /Brighton -orneration The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. ThP followina existing street name shall appea r on the nlat as: "E. USTIC K ROAD" Tit a followi new sxLe-et namQ~ a_ __ -e annroved and shall ap pear on the nlat as: "NO RTH ARRO WWOOD W AY" "E. ADDESON STREET" "N. ANSTON AVENUE" "E. SEDGEWICK STREET" "E. EDGAR STREET" "E. EDGAR COURT" "E. BALDWIN STREET" "E. WAKELY STREET" "E. WAKELY COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for tl~e street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Represents Representative 'ATIVES OR DESIGNEES Date ~~ Date Date /D Zl~ 4 ~ ate -~.5 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index . 3N 1 E 06 Section NUMBERING OF LOTS AND . A O. _ _- - --- ~ -- -- T -> ~I+ • -~ O ~ NOI 1 ~ `~ ~ ~; I ~ ~~ ~ ~I `r\ ` m s~_ N ~ r P 4 '' V `~ I v' r. J ' \ ~. a ~ ~ ~ ~' .... c~ . --• :: 6 ~._ _ ~ ~~ ~ ~ ~auTM LN. !-vL) ~' ~ RT vt r, ~~ I ~:~_ `~ .~ ~-~ -- '`A J ~\ ~ M V ~ N V m~ ~ ~ Y N. ANSTOH AvE k. ANsTvN ate. ~ o " i ~ 3~ Q 4 v , - I N .P ~ ~ v M ~ y = ~i = ---- ------ -- - _ m ~ ~' ~ ~ ~ ~ " i~ I ~ "I g ~ i _ s ~ IY ~ • ~ N O • N ~ N ~ + ~ a ~ r-i ~ ~ ~i~i~~ t~l p + U q'fl ~ + " a ' ~ (~ 4 L a ~ N ~ ~ " ~-_-- I G~} p m tJO LL a I. ~`Ilt~ N~ i a + I. 4 a Q9 N O yJ' w I i ~ I . I O C ~ V .~ p - w 4 y~ 1 ~ i ~., •~ r N ~ ~ Q~ ~ r u ~ - I a ~ ~~ :,. ~ ~ ~ ~ k I ~ W a A FM m s ~ ~ ~ a r.~ ~ S ~I a~la Iii ~ ~ a ~_~~"' • ~ I' N p ; ~ a o Y ~~ I ° V ~ + j ~ e, I ° J ~ I i N CAPECO WY. I ~, a " ;a I + c a~..~ e I I~ t ~ ~ + . ~ G I ~ i\ ~ A ~ ONf^ v : ~' t K ~ I ~ ~ `-ice V I \ N f , ~ Q 1~ m N N. MIOLVEpIMC AV 6 ~~[) w d b ~N-~ ~ ~ ~ 1 •~ D ~A ' ~ ~J ~ f~ ~ ..y N J I ~~ ~ L' N ~ ~~ Q~ ~ v ~ '/ ~ ' _. ~ F,p OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GA88, Clty Troasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. OENN18 J. SUMMERS, Parks Supt. 8NAR18. STILES, P t: Z Adm. KENNETH W. BOWERS, FlroChief W. L. "BILL" GORDON, Pollcs Chlsf WAYNE G. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live M~z YERR NGTONA CITY OF MERIDIAN ROBERT D.CORRIE WALT W. MORROW P 8 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chalm,an MERIDIAN IDAHO 83642 MOE AUDJANI ~ JIM SHEARER Phone (208) 888.4433 • FAX (206)8874$13 CHARLIE ROUNTREE Public Works/Building Department (206)887-2211 TIM NEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary Plat for Bedford .Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ill ieridan Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES l OTHER: f ®~ o~ ,3 `" ~S YOUR CONCISE REMARKS: NA rte- ~ s' /U~~ o ..~ P ~ D r v2 ct 1 f K1 ` S ~.,- .t a ~~-ItziiQ' ~~ `~= ai `t~ s ..~ J ;mil"l~Y ~~' 1~til~Ili3tE~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. City Enplneu BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Wasts Weter Supt. DENNIS J. SUMMERS, Puke Supt. SHARI 8. STILES, P a Z Adm. KENNETH W. BOWERS, Flre Chlel W. L. "BILL" GORDON, Poltoe Chief WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department(208)887-2211 GRANT P. KINGSFORD Mayor ,~. qr !~ {_ ~ ~e I .'JL ~..':.~J COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW PBZCOMMISB N JIM JONNBpN, Chairman MOE ALIDJANt JIM SHEARER CHARUEROUNTREE TIM NEPPER x x-~i~ ,,i:~~: a,y ~1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Preliminary Plat for Bedford PIa _p Subdivision BY: Brighton Comoration LOCATION OF PROPERTY OR PROJECT: _ South of Ustick R ad and West of A~leridan Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM NEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM $ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM FINAL PLAT) BUREAU OF RECLAMATIO LIM & FINAL PLAT) CITY FILES OTHER: ) ~~~- ~'~ YOUR CONCISE REMARKS: S~DIVISION EVALUATION~HEET ~~~~~ ~`~~ QEC 2 7 1~~ Proposed Development Name BEDFORD PLACE SUB City n~ii d!b~r MERIDIAN Date Reviewed 12/14/95 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr! Brighton Corperation The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall apoear on the plat as• "E USTIGK ROAD" The followino new street namec are apnroved and shall aooear on the plat ac• "NORTH ARROWWOOD WAY" __ "E. ADDESON STREET" "N. ANSTON AVENUE" "E SEDGEWICK STREET" • "E. EDGAR•STREET" "E EDGAR COURT" "E. BALDWIN STREET" "E. WAKELY STREET" "E WAKELY COURT" "N. LIVINGSTON AV NUE" "E GAYLORD STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representati va or his designee in o: der fo street names to be officially approved. i ADA COUNTY STREET NAME COMMITTE , A EN Y E ES NTATIVES OR DESIGNEES Ada County Engineer John Priester T Date Zr1 Ada Planning Assoc. Terri Raynor ' ~-~--- Date ia' I tr qS~ City of Meridian Representative Date /~-/~-9S Meridian Fire District Representative ~ Date l~ -/~- 1~5 NOTE: A copy of this evaluation sheet must be presented to the Ada Gounty Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section NUMBERING OF LOTS AND BLOCKS O/G ~ /~/i11/~S' lfl Y ~ ^ `~ a > j .. • ~ ~:: . . ~ ~~ ' ~' :_ ! ,- `_ A O - -- o• ~. _ !" > ~~" w ~ N 01 1 Mill I L71 `r` m .~,~ N ~ ~ w ~ ~• •,. r. '. .~.. 6. ~ ~._ _ ~acrrM ~N. ;:-vr.~ ' ~ 1 RT K A ~\ ~ v sx / L. V ` ~ w f11- 6 Q ~ N. ANSTON AVE. ~. ANST;,ra >1VE, w I g •• 3~- . " ~ r _ Q ~~ x i ~~ ~ ~ ~ . ~ 3 ~~ M w• "~ S " _ _ ~~~ ~~a ~~I~~ N W 01 7C ~ P Y ~ ~ M ~ ti "~ I~ I N _ ~ • ~ ~ ~ N ~ y ` i • ~ ~ L 4 ~~ (/ ~ y Yom, O N ,~~~ ~O~ 111 'Yj~ ~j ~ ~ ybK ,~~. - v I ~ N ~/N / i ~ " ~ 0,9 o J- ~.. ~ s ~ ~ i I • v o go ~ -- ~ " y ~ „ zl _ ~ r ~ ~ ~ ~ s _ _ QQ ~m+ QQ S~ji _ ~ - ~ • N ~ ~ " Y ~i , M • ~ ~, k a N r •~ ~ V ~i _ a Q o _ i ~ Y $ fA W ~+ a ~ +~,~ ` Y ~ ~ V ~yl i ~ r, ~ H ~ ~ ~~~ L~ a r ~~ N CAPECO WY. fA + o i v a tat .. w N ~ . . V /- I ~ g " .. I 3 • Nt v ~ A ~ ~^ y - r t v 1 ~ w N. rNOLVEAINC AV a ~T] / _ n ur ; b ~ ~ G tD N ; d ~ i ff ~ ~i -~ .~..~~~.• j-~ \L.J ~ ~ \ r `..i. I ~ _ ~~ 1 .N s _ ~~ . 'Y Q1i I N ~~ _ _. (J GCE 1~ m ~ ~ ~ ~ ~ .` ~ ~, •" • ~ 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 December 19, 1995, for the purpose of reviewing and considering the Application of Brighton Corporation for a Preliminary Plat for land located in Government Lot 3, Section 6, T,3N, R.1 E Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road and West of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 11 single family dwelling lots for Bedford Ptace 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 Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 30th day of November, 1995. .~..:: WILLIAM G. BERG, JR., ITY CLERK • BEDFORD PLACE SUBDIVISION PRELIMINARY PLAT APPLICATION RESIDENTS WITHIN 300' John L. & Florence A. Banse J.L. & F.A. Banse, Co-Trustees 3280 N. Curt Drive Meridian, ID 83642 Meridian Place, Ltd. P.O. Box 7727 Boise, ID 83707-1727 David J. & Constance M. Couch 395 E. Ustick Road Meridian, ID 83642 Murray L. & Raquel L. Hansen 375 E. Ustick Meridian, ID 83642 Haven Trust Organization 2700 N. Meridian Road Meridian, ID 83642 Edward G. & Loretta Sweet 2640 N. Meridian Meridian, ID 83642 Sara & John R. Ewing 1500 Eldorado, Suite 4 Boise, ID 83704 McBirney Property Trust 1162 Bent Oak Ln San Jose, CA 95129 Dwayne E & Laurence Skogsberg 3265 Curt Meridian, ID 83642 • The Myall Trust T.E. & B.C. Myall, Trustees 6227 Marlborough Dr Goleta, CA 93117-1637 Patrick C. & Sherry L. Self, Jr. 750 E. Ustick Meridian, ID 83642 William F. & Helene E. Snider 840 E. Ustick Meridian, ID 83642 Brantley J. & Suzanne Doolittle 870 E. Ustick Meridian, ID 83642 David B. & Robin M. Fisher 1042 E. Ustick Meridian, ID 83642 Wanda L. Stewart HC 33, Box 1105 Boise, ID 83706-9702 Helen V. Davis 585 E. Ustick Meridian, ID 83642 John Alverson 520 E. Hawk Meridian, ID 83642 David & Nancy Wikse 10360 W. Alliance Boise, ID 83704 Richard & Shirleyanne Martens 4872 N. Anchor Avenue Boise, ID 83703 Canyon Crest Homes, Inc. 531 E. Provident Drive Boise, ID 83706 Rish Homes, Inc. P.O. Box 82 Meridian, ID 83642 John & Michelle Noll 648 E. Hawk Meridian, ID 83642 Mark & Amy Duenas 664 E. Hawk Meridian, ID 83642 Todd & Suzann Woodell 679 E. Hawk Meridian, ID 83642 William Alan & Shelley Sizemore 708 E. Hawk Meridian, ID 83642 Ned & Melaney Johnson 9558 Dorsetshire Pl. Boise, ID 83704 Donald & Shawnna Strickler 732 E. Hawk Meridian, ID 83642 Edward A. & Debra S. Cowley 2700 N. Arrow Wood Way Meridian, ID 83642 Raymond L. Bobko 2316 Havens P1. Modesto, CA 95358 John E. Day & Marie Schwartz 2716 N. Arrow Wood Way Meridian, ID 83642 Michael P. & Jill E. Kobe 2725 N. Arrow Wood Way Meridian, ID 83642 Matthew Anthony Steele 2728 N. Arrow Wood Way Meridian, ID 83642 Gordon Wayne & Robin Device McCauley 2740 N. Arrow Wood Way Meridian, ID 83642 Diversified Construction Management, Inc. 7310 Rim Acres Lane Boise, ID 83709 Craig A. & Julie A. Wells 2692 N. Arrow Wood Way Meridian, ID 83642 U Darin R. & Martina A. Bruce 2769 N. Arrow Wood Way Meridian, ID 83642 Monterey Homes, Inc. 10348 Feeder Boise, ID 83709 • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on November 14, 1995, for the purpose of reviewing and considering the Application of Brighton Corporation for a Preliminary Plat for lane located in Government Lot 3, Section 6, T,3N, R.1 E Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick Road and West of Meridain Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 11 single family dwelling lots for Bedford Place 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 Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 6th day of October, 1995. WILLIAM G. BERG, JR., ITY LERK MASTER DECLARATION PRELIMINARY COt,'EN.4wTS CONDITIONa REaTRICTIONS AND EASEMENTS BEDFORD PLACE SUBDMSION . July 1, 1995 ARTICLE L WHEREAS, the undsroigned (heroafbr 'Granror') is the owner of certain land in Ada County, kiaho, more particularly dsscxibsd as follows (hereafter "Property"): Lot 1 of 81odr 1; Lob 1 through and including 26 of Bkx~C 2; Lob 1 through and including 13 of Block 3; Lots 1 through and including 26 of Blodr 4; and Lob 1 through and including 19 of Block 5; BEDFORD PLACE SUBDMSION, axording to the offidal plat thereof filed in Book of Plab at Pages through and including records of Ada County, klaho. WHEREAS, the Grantor desires to subject the Properly to the covenanb, conditions, restrictions, easemenb, reservations, limibtions and equitable servitudes herein set forth to (i) insure the enhancement and preservation of property values, (i) provide for the proper design, development, Improvement and use of the Property by the Grantor and all other persona or entities who may subsequently acquire an interest in the Property end (iii) create a rssidontial development of high quality; WHEREAS, as additional land owned by the Grantor adjacent to the Property is platted and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because Bedford Plans Subdivision will bs developed in sswral phases, each of which may have unique characteristics, needs and requiremsnb, the Grantor may, from time-to-time, promulgate further conditions, covenants, restrictions and easements as 'Supplemental Dsdarations" relating to particular tracts or parcels of real property within Bedford Place Subdivision; WHEREAS, in order to achieve the objectives and desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to bs created until such time as the Owners take over the management functions through the Assodetion upon substantial complstkxt of the development process. ARTICLE II. Ths Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called 'Lot; unless specified to the contrary), is and shall bs held, sold, conveyed, encumbered, hypothecated, teased, used, occupied and improved subject to the following covenants, conditions, restrictions, easements, reservations, limibtions and equitable servitudes (hereafter collectively called "covenants and restrictions`), all of whk~t are declared and agreed to bs in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property or any Lot therein, and to enhance the value, desirability and attradivenass thereof. The covenants and restrictions set forth herein shall run with the land and each esbta therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot in the Property and any interest therein; and shall inure to the benefit of and be binding upon the Grants and each Owner, and the suoosssore in interest of the Greritor and each Owner, and may bs enforced by the Grantor, any Owner or by the Owner's Association, as hereafter provided. Plotwithsbnding the foregoing, no provision of this Master Declaretion shall be construed or enforced to prevent or limit the Grantor's right to complete development of the Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Grantor nor prevent normal construction activities during the construction of Improvements upon any Lot in the Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Oeclaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time and shall not be violative of the ordinances of the City of Meridian, Idaho, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. In the event of a conflict between the provisions of this Master Declaretion and the requirements of the ordinances of the City of Meridian, Idaho, applicable to the Property, the more rostrictive shall control. ARTICLE III. • Assoclatfon: Bedford Place Owners Assodation, Mc., an Idaho non-profk corporation. Bedford Place Owners Asaodatfon. Inc. Ths ktaho non-profit corporation organized by the Grantor and compromised of Members and existing for the purpose of providing self~ovemment for the Property. Bedford place Subdlviskm: Ths whole of the Property and any additional land annexed thereto as provided herein (also sometimes referred to herein as 'Property'). Board: Ths duly elected and qualified Board of Directors of the Assodation. Bulldina: A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith. B - w : Ths By-Laws of the Aseodation, including any amsndmenb thereto duly adopted. Common Area: All real property, or interest therein, located within or cubicle of the boundaries of the Property in which the Assodation owns an Interest or controls or which the AssodaUon is obligated to maintain, and which is owned, held, oontrolfsd or maintained for the betterment of the Owners and Oocupanb of the Property. Development Ths project to bs undertaken by the Grantor rosuWng in the improvement of the Property, or any additional property annexed hereunder, including landscaping, amenities, construction of roadways, utility services and other improvements. ra The undersigned owner of the land comprising the Property, including a successor of the undersigned Grantor, which wxssaor suooeeds to the ownership of all of the Grantor's interest fn the whole of the Property. improvements: All structures and appurtsnanoss thereto of all kinds and types, including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs and lighting. knprowmenb shall not include those ibms which are located totally on the interior of a Building and cannot bs readily observed when outside thereof. Inttlal Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and intended for reskfenUal oxupancy. Umfted Assessmert>: An AsasuneM ivied by the Assodation upon one or more Lots, but not upon all Lots within the Property, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Assodation to correct a condition prohibited or to cure an Owner's breach I»roundsr. ~: A portion of the Property which is a legally described tract or parcel of land within the Property or which is designated as a Lot on any recorded subdivision plat relating to the Propsry. Master Declarstkxt: This instrument as it may be amended from Ums to Ume. Master Plan: Ths overall master development plan prepared by Uts Grantor for the whole of the Property, as the same exists from time-to-tims and which illustrates ihs proposed total development contemplated by the Grantor and the nature and location of each of the uses intended to be allowed within the Property. Provided, that no use shall bs allowed within the Property unless the acme is in aooordance with applicable zoning ordinanoss. e M ; My person(s) who is an Owner of a Lot within the Property. ~: Any mortgage or deed of trust or other hypothecation of land located in the Property to secure the performance of an obligation. Unless otherwise spsdfically provided, the reference to a 'Mortgage" in this Master Declaration shall bs limited to a 'first Mortgage; including a "first Dssd of Trust; on a Lot within the Property. Mortoacse: Ths holder of a Mortgage or the beneficiary under a Deed of Trust, including an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise specifically provided, the reference to a 'Mortgagee' in this Master Declaration shall bs limited to a holder of a first Mortgage, including a bensfldary under a first Dsed of Trust on a Lot. u nt Any person, association, corporation or other entity who or which is an Owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any Building or knprovsmsnt on a Lot whether or not such right Is exsrclsed, including their heirs, personal representatives, successors and assigns. osr: A person or persona or other legal entity or entities, including the Grantor, holding fee simple UUe to a Lot within the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation, but Including any Mortgagee (of any priority) or other security holder provided said Mortgages or other security holder is In actual possession of a Lot as a result of toredosurs or otherwise, and any person taking UUe through wdt Mortgagee or other security holder by purchase at foreclosure sale or otherwise. . ~ A final aubdivlaion plat covering any portion of the Property, as recorded in Ure oHics of the County Recorder, Ada County, Idaho, as the samc may be .amended by duly recorded amendments thereto. • L~ Sub-Assoclallon: An kfaho non-profit corporation or uninoorporatsd Assodation organized by the Grantor or by any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantor for any spsdfic tract or parcel within Bedford Platy Subdivision. lMless specifically provided to the contrary, of the context requires otherwise, a reference to "Assodatlon" shall include 'Sub-Assodation' Sub-Assoclatlon Board: Ths duly elected and qualNted Board of Directors of a Sub-Assodation. Unless specifically provided to the contrary, or tlts context requires otherwise, reference to "Board' shall induds 'Sub-Associat(on Bond' Suookamerttal Declaration: The additional or different conditions, covenants, oondkions, restrictions and easements relating to a particular tract or parcel of real property within Bedford Place Subdivision promulgated by the Grantor and recorded in the offldal records of Ada County, kfaho. Unless spscitically provided to the contrary, or unless the context otherwise requires, a refsrona to 'Master Declaration" shall induds 'Supplemental Dsdaretbn ARTICLE N. The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of whk~r shall be deemed to bs imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each and every Owner and Occupant thereof and their respective successors in interest, to insure proper design, development, improvement, use and maintenance al the Property for the purpose of: (a) Mauling Owners and Occupants of Buildings of quality of design, developmsM, Improvement, use and maintenance as shall protect and enhance the Investment and use of all Lots and knprovementa. (b) Ths prevention of the erection within the Property of Improvements of Improper design or construction with Improper or unsuitable materials or with improper quality and method of construction. (c) Encouraging and Insuring the erection of quality and attractive Improvements appropriately located within the Property to severe viwal quality and harmonious appearance and function. (d) Securing and maintaining proper ast-backs from streets and open areas within the Property and adequate free spaces between Improvements. (s) Ths integration of development of the different Lots by setting common general standards consistent with the ACC Rules/ACC Standards existlng from time to time. (i) Msuring attractive landscaping end the oonssrvation of existing natural features wkh minimum adverse Impsct on the ecosystem. As used hereafter, 'Project Objectives' shad mean the torpotng spedfled purposes. ARTICLE V. PERMITTED USES AND PERFORM.e.NCE STANDARDS SECTION 5.01. ~. Leta shall bs used only for residential purposes and such uses as are customarily inddsntal thereto and Common Area. As used herein and elsewhere in this Master Declaration, "residential' shall mean the use of the Improvements on a Lot for living aooommodations by not more than two (2) unrelated persons, excluding guests of the princlpal occupant(s), which guests may reside therein on a temporary basis. Notwithstanding the provisions of §67.6530 et. seq., kfaho Code. as used in this Master Declaration, 'residential' is not Intended, nor shall the same be construed, to induds the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant. SECTION 5.02 BuiWirtos. No Lot shall bs Improved except with ens (t) dwelling unit. Each dwelling unit shall haw an attached or detached fully enclosed garage adequate for a minimum of two (2) and a maximum of four (4) standard size automobiles. No carports shalt be allowed. Ths minimum square footage within a dwelling unit located on a Lot shall bs 1,400 square feet. SECTION 5.03. Aooroval of Uss and Plans. No Improvements shall bs built, constructed, erected, placed or materially altered within the Property unless and until the plans, specifications and sits plan therefor haw been reviewed in advance and approved by the ACC in accordance with the provisions of Article XI, below. SECTION 5.04. Prohibited Buildings/Uses. No trailer or other vehicle, tent, shack, garage, axessory building or out building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be dons thereon which may be or become an unreasonable annoyance or nuisance to the Occupant(s) of the other Lota within the Property by reason of unsightifness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. No aplit~ntry Buildings or Buildings having more than two (2) stories shall bs allowed. SECTION S.OS. Set-Backs. No building or other structure (exclusive of fences end similar structures approved by the ACC) shall bs located on a Lot nearer to a Lot line than is permitted by the ordinances of the Gty of Meridian, Idaho, applicable to the Property; provided, however, the ACC shall have the right to dagger the front setbacks_of the Lots in order to create a more • (b) For the purpose of permitting the Grantor or the Association, their contractors and agents, to enter onto those portions of Lots contiguous to any Common Arsa to maintain, replace and restore landscaping and other Improvements within the Common Area. (c) Reciprocal appurtenant easements of encroachment, not to exceed one foot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the Improvements consVucted thereon, which easements of encroachment shall bs valid so long as they exist and the rights and obligations of Owners shall not be altered In any way by said encroachments, settling or shlffing; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. (d) Any additional easements, N any, as shown and designated on a recorded Plat(s) for any portion of the Property. The easement areas (excluding any equipment or appurtenances owned by the Grantor, the Asaociatlon or a utility company located thereon) herein reserved shall bs maintained by the Owner of the Lot upon which they are situated. No Improvements shall be placed or permitted to remain on such easement areas kx:ated within any Lot which shall interfere with the Intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access intended to bs provided by such easement or the insWlatlon or maintenance of the utilities or other fadlities, ff any, located thereon or theroin. SECTION 5.08. U~MIn . B required by the ACC, each Owner shall install, and maintain in a operative condition such exterior lighting as shall bs provided In the ACC Rules/ACC Standards. SECTION 5.08. Root. The type, pitch and roof covering material(s) which shall be required on Buildings within the Property shall bs as set forth in the ACC Rules/ACC Standards. hlo gravel roofs shall bs permitted. SECTION 5.10. Animals. No animal:, Iivestodr, birds, insects or poultry of any kind shall bs raised, bred, or kept on any Lot, except that not more than two (2) domesticated dogs and/or cats, or other small household pets which do not unreasonably bother or constitute a nuisance to others may bs kept, provided that they are not kept, bred or maintained for any oommerdal purpose. Dogs and other similar pets shall bs on a leash when not confined to an Owner's Lot. SECTION 5.11. Sectlc Tanks/Cssscools. No septic tanks and/or cesspools shall bs allowed within the Property. SECTION 5.12 Grading and Oralnaw. Lot grading shall be kept to a minimum and Buildings are to bs k~catsd for preservation of the existing grade(s) and any grade(s), berms or swalss should be an integral part of the grading design. Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow Into adjacent streets but shall not be allowed to drain or How upon, across or under adjoining Lots or Common Arsa, unless an express written easement for such purpose exists. The Owner of a Lot which drains upon, across or under an adjoining Lot(s) or Common Area shall be liable for any damage caused thereby and shall promptly take all actlon and make all modifications necessary to correct such non-permitted drainage. SECTION 5.13. Commercial Use Prohibtted. No lot shall bs used at any time for commercial or business activity, provided, however, that the Grsntor or persons authorized by tics Grantor may use a Lot(s) for development and sales activities relating to the Property, model homes or real estate sales. Ths rental by an Owner of a Lot and the Improvements thereon for residential purposes shall not be a use In violation of this Section. The use of a Lot for a shelter home, as tits same is defined in §67530 st. seq., kiaho Cods. whether or not opsated for profit, shall, for the purposes of this Master Dsdaratlon, be a commerdal or business use. SECTION 5.14. Maintenance. Ths following provisions shall gowm the maintenance of Lots and all knprovemsnts thereon: (a) Each Owner of a Lot shall maintain all knprovemsnts located thereon in good and auMdent repair and shall keep the Mprowments thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the cams in a neat and assthetlcally pleasing condition. (b) All damage to any knprovementa shall bs ropairsd as promptly as is reasonably possible. (c) A Building which is vacant for any reason shall bs kept locked and the windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not bs exempt from the provisions of this Master Dsdaratlon. (d) All structures, fadlities, equipment, objects and oondiUons determined by the ACC, in its sole disrxetlon, to bs offensive, shall be enclosed within an approved structure or appropriately screened from public view. All trash, debris, garbage and refuse shall bs kept at all times in a covered container and all such oontalnsrs shall bs kept on a Lot within an enclosed structure or screened from public view. (e) No srtides, goods, machinery, materials or similar items shall bs stored, kept or maintained on a Lot in the required ast-back aroa along a pubiks or prNats right-of-way or otherwise kept in the open or exposed to publks view. Umksd Assessment against said Lot and shall bs enforceable in the same manner as set forth in Artice U( of this Master Dsdaration. SECTION 5.1 S. Mlnina and Orllllna. No Lot shall bs used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantor or the Association may, by psrmk, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. SECTION 5.18. Boats. Camoera and Other Vehkslea. Trailers, mobile homes, trucks larger than standard pickups, boats, tractors, campers, garden or maintenance equipment and vehidea other than automobiles, when not In actual use, shall be kept at all times in an sndosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked or stored on a public or private rightof-way within the Property. No operative vehice shall be parked or stored for a period in excess of seventy-two (72) consecutive hours on any portion of a Lot between the front of a Building and the abutting public rightof-way. No inoperative vehicle shall be parked or stored at any time on a Lot unless wholly within an sndosed structure. A minimum of two (2) off•strset parking spaces for automobiles shall be provided on each Lot. The primary purpose of the garage required on each Lot is for the parking and storage of automobiles and other vehicles (hereafter 'automobiles`). No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which it is designed shall bs permitted. Ths Owner shall provide suffidant garage apace or other enclosed parking approved by the ACC for all automobiles used by the Oxupants of a Lot, which automobiles shall be kept within the garage, and the parking thereof in the driveway on the Lot or in a pubtlc right-of-way within the Subdivision, other than for temporary purposes (as determined by the ACC), Is prohibited. SECTION 5.17. Garaae Doors. Garage doors shall bs dosed except when open for a temporary purpose. SECTION 5.18. Exterkx Materials and Colors. All exterior materials and colors shall bs selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a uniflsd and coordinated appearance. All exterior flnishea and/or colors shall bs approved by the ACC and shall be in accordance with the ACC Rules/ACC Standards. SECTION 5.18. Vehklss. Ths use of all vehicles, Including but not limksd to automobiles, trucks, bicycles and motorcycles, shall be wbject to ACC Rules/ACC Standards, which may prohibit or limit the uas thereof within the Property, provide perking regulations and other rules regulating the acme. SECTION 5.20. Exterior Enerav Dsvk~s. No energy production dwia induding, but not limited to, generators of any kind and solar energy devices, shall bs constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.21. Mailboxes. No lrss-standing mailbox shall bs constructed or installed on any Lot without the prkx written approval of the plans therefor by the ACC. SECTION 5.22. Sions. No oommerdal billboard or adwrtiaing shall bs displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign or 'For Sale' sign thereon. Signs advertising the name of the builder and the name of the Institution providing flnandng therefor may bs displayed on a Lot during oonstrucdon of the Improvements. Ughted, moving or flashing signs for any purposes are prohibited. Directional signs may bs used to give directions to traffic or pedestrians or give apadal instructions. Any directional or identification sign within the Property shall bs permitted, provided the same is approved by the ACC prior to installation. Notwithstanding the foregoing, the ACC shall have the right to adopt ACC Rules/ACC Standards with respect to signs allowed within Bedford Plans Subdivision, which ACC Rules/ACC Standards, ii adopted, shall regulate signs within Bedford Place Subdivision and shall control over the apsdflo provisions of this Sectbn. SECTION 5.23. Subdividing. No Lot may bs further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prkx written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to bs held by them as tenants In common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor. In addition, the oonveyancs of an insigniflcaM portion(s) of a Lot to the Owner of the Lot which abuts said conveyed portion for the purpose of correcting a common boundary or other similar purpose, shall not bs deemed to bs a subdividing of a lot within the prohibition oontainsd herein. SECTION 5.24. ncee. No fence or wall of sny kind shall be constructed on a Lot unless the plans and specfications therefor, induding the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. The type, design, material and finish of all privacy fences shall bs as specified in the ACC Rules/ACC Standards, n being the Intent of the Grantor that all such privacy fencng shall present, to the extent reasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be In compliance with the ordinanoss of the City of Meridian, kdaho, applicable to the Property. In addition to the rsquiremants of the ACC Rules/ACC Standards applicable to fences, isndng, all fences and walls shall bs subject to the following restrictions: (a) No fence or wall shall be permitted to bs constructed or installed on the Common Area or any portion of a berm constructed by the Grantor within the Property; provided, that if the Grantor constructs or installs a fence to a Common Area or on a berm, the ACC may allow fences on the adjacent Lot(s) to bs attached thereto eo long as such attachment does not p) impede the maintenance, repair or reolacsmsnt of the Common Area or berm. (ii) alter the visual theme established by the fence ! • (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved In this Master Dsdaratlon or shown on the recorded Plat(s) of the PropsAy. (e) No fence, wall, hedge, high planting, obstruction or beMer shall bs allowed which would unreasonably intsAere with the use and enjoyment of neighboring Lots and streets, and shad not be allowed k the same oonstltute an undesirable, noxbus or nuisance effect upon neighboflng Lots. SECTION S.2'f. Landscaoina. Ths following provisions shall gowm the landscaping of Lots within the Property: (a) Ths Owner shall prepare a landscape plan and .shall wbmk the same to the ACC as provided in Artids XI, below. The ACC shall approve said landscape plan prior to the installation and/or oonstructlon of landscaping on a Lot. The use of berms and sculptures planting areas is encouraged. Landscaping of a Lot shall bs in aooordancs with the approved plan. (b) All required landscaping on a Lot shall bs InsWlsd wkhin sixty (t30) days aRer wbstantial completion of the Building on the Lot, wkh a reasonable extension allowed for weather. (c) Ths ACC Rules/ACC Standards shall set forth the inkial minimum landscaping required on each Lot. SECTION 5.26. IrrloatN~n Water. Each Owner, by the axeptance of a deed to a Lot within the Property, acknowledges that the Grantor has no obligation to deliver Irrigation water to the individual Lots within the Property. Provided, that if the Grantor constructs or installs any facilkies for the delivery of irrigation water to the individual Lots, the maintenance, repair and replacement of such facilities shall be the rssponsibitky of the Assocation, with the cost therefor to bs indudsd within the Regular Assessments described in Section 8.02, below. SECTION 5.27. AdoMlon of ACC Rules/ACC Standards. The Grantor, or in the swot of the Grantor's failure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, oonatruction, alteration, modkication, removal or destruction of Improvements within the Property deemed necessary or desirable by the Grantor, or the ACC, as the case may bs, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with the provisions of this Master Dsdaration. SECTION 5.28. Exemotlon of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re-subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-0f-way or easements with respect to the Common Mss to utility companies, public agencies or other; or to complete excavation, grading and Development to or on any Lot or other portion of the Property owned or controlled by the Grantor, or to alter the foregoing and ks Development plans and designs, or construct additional Improvements as the Grantor deems advisable in the course of Development of the Property. This Master Declaration shall not Iimk the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations, rights~of-way and easements to itssk, to utility companies and to others, as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any mprovements constructed or placed within the Property by the Grantor in connection with the Development of the Property, but this exemption shall not apply to a Building(s) constructed by the Grantor on a Lot owned by the Grantor. The Grantor shall bs entitled to the non-exclusive use, without charge, of any Common Msa wkhin the Property in connection with the marketing of the Lots therein. In addition, the Grantor shall haw the right, in connection with the marketing of the Lots, to install, place, display and exhibit such signs, banners and other similar ksms on the Common Msas and the Lot(s) owned by the Grantor for such a period of tlme as is reasonably deemed by the Grantor to bs necessary. ARTICLE HI. BEDFORD PLACE OWNERS ASSOCIATION. ING• SECTION 8.01. Organization of Associatkm. Bedford Place Owner Association, Inc. shall bs organized by the Grantor as an klaho non-profit corporation and shall be charged with the duties and waled with the power prescribed by law and set forth in Its Articles of Incorporation, ks ByLaws and thin Master Dsdaratbn. Neither said Articles nor acid By-Laws shall, for any reason, be amended or otherwise changed or Interpreted so as to bs inconsistent with this Master Declaration. SECTION 8.02 Sub-Assoclatlon(s). Until completion of the Development, the Grantor shall haw the sole and absolute right to create one or more Sub-Associations for purposes not inconsistent with this Master Declaration including, but not limited to, the following which shall bs provided for in a Supplemental Declaration: (a) Aoquir~ and improve any Lot, tract, parcel or portion of Bedford Plans Subdivision. (b) Promulgate rules and regulatoms gowming Common Area owned by or under the control of the Sub-AsaodaUon. (c) Determine the services, in addkion to those famished by the Assodation, which are to bs famished to a for tM bensik of the Nkmbers of the Sub-Assoc:latbn. (d) Assess and mortify to the Assocation for collection the Regular, Spatial and Limited Assessments required to meet the estimated cash needs of the Sub-Association. The Artidss of Incorporation, By-Laws, rules, regulations and the Supplemental Declaration relating to aSub-Association shall not be Inconsistent with the terms and provisions of this Master Dedaration and any inconsistency shall bs governed by this Master Declaration. Unless earlier consented to in wrking by the Grantor, .after completion of Development of Bedford Place Subdivision, • SECTION 6.03. Relatlonshlo Between Association and Sub-Associations. h Is the purpose and Intent of the provisions of this Master Declaration that the Association shall be charged with and responsible for the management of all activities in Bedford Place Subdivision Induding, In addition to all other duties and responsibilities set forth herein, the following: (a) The approval of all rules and regulations of each Sub-Assodation and providing of assistance to a Sub-Assodatkm in the snforoement thereof; and (b) The Isvy and odlsction of Assessments Of each Sub•Assodatlon which have been ceRifled by the Sub-Assodatbn Board to tM Ateodation. Nothing herein contained shall rssMct or prohibit a Sub•Assodation from owning, in its own name, Common Area or other property related thereto, the use of which shall be restricted to Members of that Sub-Association. However, it is the intent of this Master Declaration that any such Common Area owned by aSub-Association, the use and maintenance thereof and the activities of the Sub-Association, shall bs oonaiatent with and in furtherance of the Project Objectives and the terms and provisions of this Master Declaration to assure that the whole of Bedford Place Subdivision is developed and approved as a quality residential community. SECTION 8.04. Members. Each Owner (Induding the Grsntor) of a Lot by virtue of being such an Owner and for so long as such ownership la maintained shall be a Member of the Association and no Owner shalt have more than one membership in the Assodation, but shall have such voting rights as hereafter set forth. A membership in the Assoclation shall not be assignable, except to the wooessor-in-interest of the Owner and a membership in the Association shall be appurtenant to and inseparable from the Lot owned by such Owner. A membership 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 transfer of a membership shall bs void and shall not bs reflected on the books of the Assocation. SECTION 8.08. Voting. Ths Association (and each Sub-Assodation) shall have two (2) classes of voting membership: cLASS a Gass A Msmbsra shall bs ali Owners of Lots within the Property, with the exception of the Grantor, and shall bs entitled to one (1) vote for each Lot owned. CLASS B. pass B Members shall bs the Grantor, and its suxessor(s) in title to a Lot(s), which Lots(s) is held by such wooassor in an unimproved condition (i.e., without a residential dwelling thereon) for resale to a builder or other person for the purpose of constructing thereon a residential dwelling, and to which successor the Grantor has spsdf~ally granted such Gass B voting rights in writing; provided, that if such voting rights are not so granted, such successor shall bs entitled to the voting rights of a Gass A Member with respect to each Lot owned. Upon the first sale of a Lot to an Owner, the Grantor shall thereupon be entitled to three (3) votes for each Lot owned by the Grantor. The pass B membership shall cease and be converted to pass A membership when (i) the total votes outstanding in the Gasa A membership exceeds the total votes outstanding in the Gass B membsrohip, or (ii) January 1, 2010, whkhever shall first occur. SECTION 8.06. Boats of Directors and Officers. Ths affairs of the Association shall bs conducted by a Board of Directors and such offiwrs as the Directors may elect or appoint, in accordance with the Articles and By-Laws, as fl-s gams may bs amended from time to time. SECTION 8.07. Powers of Association. The Assodation shall have all powers of a non-profit corporation organized under the laws of the State of klaho subject only to such limitations as are expressly set forth in the Articles, the By-Laws or this Master Declaration. h shall haw the power to do any and all lawful things which may bs authorized, required or permitted to bs done under the Articles, By-Laws or this Master Declaration, and to do and perform any and all acts which may bs necessary or proper for, or incident to, the proper management and operation of the Common Area and the performance of the duties of the Assodation and other responsibilities sat forth in this Master Dscaration, Induding, but not limited to, the following: (a) Assessments. The power to determine the amount of and to Isvy Regular, Spedal and Umited Assessmsnb on the Owners and/or Lots and to enforce payment thereof in accordance with the provisions of this MasUr Declaration. (b) Rloht of Enforcement Ths power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to rssuain and enjoin any breach or threatened breach of the Articles, ey-Laws, Master Declaration or ACC Rules/ACC Standards, and to enforce by mandatory injunction or otherwise, all provisions thereof. (c) Delegation of Powers. The authority to delegate Its power and duties to committees, officers, employees, or to any person, firm or oorporatbn to act as manager, and to pay to such manager such oompsnsatlon as shall bs reasonable. (d) Uability of Board Members and Officers. Neither any member of the Board nor any officers of the Association shall bs personally liable to any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Assocation, the Board, its officer, a manager or any other representative or employes of the Association, or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such Information as was available, acted in good faith without willful or intentional misconduct. (e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Association deems reasonable. Such rules shall govern the use by Owners and Occupants or any other person of Common Area and other property owned or controlled by the Association; provided, however, • • (fl) licenses. Eassmente and Riuhta-of-Wav. The power to grant and convey to any third party such licenses, easements, right-of-way or fee title in, on, through, under or of the Common Area as may bs necessary or appropriate for the orderly maintenance, preservation and snjoymont thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: p) Underground lines, cables, wiros, conduit and other devices for the transmission of any utility or other service. (ii) Public sswsro, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas Iinss or pipes. (Iii) Any similar public or quasi-public improvement or fadlitiss. (h) Fiscal Year. The Board shall haw the right to elect a fiscal year for the Assodaflon Instead of a calendar year for budget, Assessment and aooounting purposes. SECTION 6.08. Duties of Assodatkxt. In addition ~ the powers delegated to it by the Articles, By-Laws and this Master Dsdaration, without limiting the generality thereof, the Association or it authorized agents, if any, shall haw the obligation to conduct all business affairo of common interest to all Ownsro and ~ perform each of the following duties: (a) Oasratlon and Mairnenance of Common Arsa. Perform, or provide for the performance of, the operation, maintenance and management of the Common Area and landscape easement areas, if any, owned or controlled by the Assodation, including the repair and replacement of property or Improvement thereon damaged or destroyed by casualty loss, the maintenance, repair and replacement of any fadlities, H any, installed by the Grantor and/or an irrigation district for the delivery of irrigation water to the Lots, and the maintenance, management, repair or replacement all other property owned or oontrollsd by 1M Assodation. (b) Taxes and Assessments. Pay all roal and personal property. taxes and assessments levied against the Common Area owned or oontrollsd by the Association or against the Assodation and/or any property owned by the Assodation. Such taxes and assessment may be contested or compromised by the Aaaodatton; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satiety the payment of such taxes. M addition, the Assodation shall pay all other taxes, federal, stab or kx.al, Including income or corporate taxes, levied against the Assodatlon in the scant that the Assodation is denied the status of a tax exempt corporation. (c) UdINNs. Acquire, provide and/or pay for water, esvwr, refuse ooilsction, electrical, telephone, gas and other necessary servk;ss for the Common Mss owned or controlled by the Association. (d) ur ObWn, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following polkk;tees of inwrarws: . p) Flrs inwrana, Including those risks embraced by coverage of the type now known as the broad form 'All Risk' or spsdal extended coverage endorsement on a blanket agreement amount bests for the full insurable roplacsment value of all knprowment, equipment, fixtures and other property located within the Common Area owned or controlled by the Association, Including wch equipment, fixtures and other property not located in the Common Msa, if the aarrts are used or necessary for the use of the Common Mea or easement areas under the control of the Assoclation. Qi) Comprshsnsiw public liability insurance insuring the Assodation, the Board, officers, the Grantor and the Individual Owners and agent and employees of each of the foregoing against any Ilabllity Inddsnt to the ownership and/or use of the Common Msa owned by the Assodation or easement arose under the control of the Assodation. The limit of liability of such oowra~s shall bs as determined by the Board of Directors. (iii) N elscbd by tM Board, full oowarDs directors and offtaro liability inwrancs in an amount determined by the Board. (iv) Such other insurance, induding workmen's compensation insurance to the extant 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's functions or to Insure the Assodatlon against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Assodation funds or other property. (v) Ths Association shall bs deemed a trustee of the Interests of all Owners in any inwranoe proceeds paid to it under such polides, and shall have full power to receive their interests in such proceeds and to deal therewith. (vl) Insurance promiums for 1hs above inwronos coverage shall bs deemed a common expense to be Included in the Regular Assessment levied by the Assodatbn. • (f) kientiflcation Stans. Maintain, repair and replace all permanent entry and special identification signs for the Property, whether the same be located wkhtn or without the boundaries of the Property. (g) RuN Makirto. Make, establish, promulgate, amend and repeal Association rules. (h) Archltsctural Control Committee. Appoint and romove membero of the Architectural Control Committee, all subject to the provisions of this Master Declaration. (i) Enforcement of Restrktlons and Rules. Perform such other acts, whether or not expressly authorized by this Master Dsdaratlon, as may bs reasonably necessary to enforce any of the provisions of this Master Osclaratlon and the Assodation rules. SECTION 6.09. Budoets and Flnanclal Statements. Flnancial statements for the Association shall be regularly prepared and copies distributed ~ each Member as tolkows: (a) A pro forma operating statement (budget) for each fiscal year shall bs distributed not teas than thirty (30) days after the beginning of each fiscal year. (b) Within Mnety (90) days after the close of each fiscal year, the Assodation, or ks agent, shall cause to bs propated and de8vered to each Owner, a balance sheet as of the last day of the Association's fiscal year and an annual operating statement reflecting the income and expendkures of the Assodation for that flsod year. ARTICLE VIL ASSOCIATION PROPERTIES SECTION 7.01. ~. Each Owner of a Lot, his family, licensees, irnitsss, lessees and contract purchasers who reside on the Lot, shall bs entitled to use the Association properties and the properties of any Sub-Assodation of which the Owner is a Member, subject to the following: (a) Artl:ks. Etc. The provisions of the Articles and By-Laws of the Association and any Sub-Association applicable to the Lot, this Master Declaration and applicable Supplsmantai Declaration and the rules, regulations and standards promulgated thsroundsr. Each Owner, in using the Association or Sub•Assodation propsrdes, shall comply wkh the same. (b) Susosnsion of Rights. Ths right of the Assodation or Sub•Assoctation N suspend the rights to use propsNss owned by k (except roads and other means of aoass by an Owner) for any period during which any Assessment s~ainst that Owner's Lot remains unpaid; and for any IMraction or published rules and regulations of the Assodation or Sub•Association. (c) Dedkatbns. Ths right of the Assodation or Sub-Association to dedicate or transfer all or any part of properties owned by it to any public agency, authority or utilky Mr such purposes and subject to such oondkbns as may be agreed by the Board, m kxtg as said transfer does not diminish the security of the Mortgagees on eny Lot or Common Ana in Bedford Place Subdivision. (d) Mortaaas or Cornevanw of Common Area. Except as provided in subsection (c), above, no portion of the Common Arsa shall bs mortgaged or conveyed by the Association without the prior approval of at least two-thirds (2/3rds) of the gees A Members, which approval may be obtained in writing or by a vote of the gees A Members at a msettng called for such purpose and, with respect to such meeting, the provisions oonwming notice and quorum in Section 8.11, bskow, shall apply. SECTION 7.02 Damages. An Owner shall bs liable for any damages to the Common Arsa which may bs sustained by reason of the negligence, reckless or intentional misconduct of said Owner or of his family, Ifosnsesa, fnvitsss, lessees or contract purchasers, both minor and adult. M the case of joint ownership of a Lot, the liability of such Ownaro shall bs joint and several. The cost of correcting such damage shall ba as a Limked Assessment against that Owner's Lot and may be collected as provided In Article IX below. SECTION 7.03. Damage and Destruction. In the case of damage by fire or other casualty to property owned by the Association or any Sub-Association, insurance proceeds to oompsnsats for damage and destruction shall ba pald to the Association or the Sub-Assodation, as the case may bs, and the recipient thereof shall thereafter determine what repair or rsoonstruction shall bs undertaken. SECTION 7.04. Condemnation. ff at any time any part of a Common Arsa or other property owned by the Association or any Sub-Association be taken or condemned by any public entity or sold or otherwise disposed of in lieu thereof, all compensation, damages or other proceeds shall be paid to the Association or the Sub-Association, whichever entity owns said property. The recipient of said payment shall then use all or a portion of the funds to pay obligations secured by any lien on the property taken and thereafeer may determine to use the funds to (I) improve other properties of the Association or Sub-Association; pi) acquire and/or improve additional properties for the Association or Sub-Association; or (iii) use such proceeds to reduce future assessments. ARTICLE VIII. • • requirements as determined by the Board br the maintenance and operation of the Common Arsa and all easement areas, if any, owned or controlled by the Assodatlon and for the performance by the Association of its other duties and responsibilities. Such estimates may include, but shall not bs limited to, expenses of management, taxes and spsctal assessments of local governmental units, premiums for all insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and axounting fees, and any deficit remain(ng from prevbua periods and the creation of a reserve, surplus and/or sinking fund(s). The in(tlal annual Regular Assessment shall bs the amount of 6100.00 per Lot, until changed by the Board. SECTION 8.03. Soeclal Assessments. In additlon b Regular Assessments, the Assodatlon may Isvy at any time a Special Assessment payable over wch period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reconstruction of lnprovements on a Common Area, unexpected repair or replacement of a Common Area or any iacflity located thereon or an easement area oonVolled by the Assodatlon, the furnishing of a spsdal service or services (other than those appropriate for a Umited Assessment), or for any other expenses Incurred or to bs incurred ve provided in thts Master Dsdaratlon. (b) To can a deficit In the common and ordinary expenses of the Associatlon for which Regular Assessrrtsrtts for a given calendar or faecal year are or will bs Inadequate b pay, as determined by the Board. At the dosing of the gals of each Lot by the Grantor, a spsdal assessment of 1100.00 shall bs collected from the purchaser of the Lot as payment br the set-up costs and the maintenance of the Common Area and landscape easements to bs maintained by the Assodatkm. SECTION is.04. Lfmlted Assessments. M additlon b Regular and Special Asaaamsnts, Owners shall pay Umited Asseasmsnts as follows: (a) Maintenance and Rewlr. Ths Assodatlon shall haw the power to Incur expenses for maintenance and repair of any Lot or any improvements on a Lot, if such maintenance and repair is necessary, in the opinion of the Board, b protect the Common Area or any other portion of the Property, and if the Owner of said Lot has failed or refused b perform said maintenance or repair within a reasonable time after written notlos of the necessity thereof has been delivered by the Board to said Owner. The Board shall kivy a Umksd Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, and any other cost or expense, including attorneys' fees, arising out of or inddsnt b such maintsnanos and repair and the Assessment therefor. (b) irorrectlon of Vlolatkme. M addition to maintenance and repair. the Board, upon certification from the ACC of the failure or refusal of an Owner b correct a violatlon of this Master Declaration or the ACC Rules/ACC Standards, shall haw the power to correct any such violatlon on a Lot or any Improvement on a Lot, and Incur costs necessary in connection therewith. The cost of such corrective action, together with trtter~st, related expenses and attomeys' tees shall bs assessed pnd collected as set brth In Artlds VIII and ANde IX of this MasHr Dsdaratkxt. (c) Umlted Purtwse. Ths Aasor;latlon shall haw the power b levy a UmRed Assessment against Owners and Lots br any limited special purpose which the Board believes necessary with respect b certain Lots but not an appropriate expense for payment by the Associatlon. Such Umited Assessment shall not bs made untll the Ownsn of said Lots wbJect thereto have been given an opportunity, after notice, to paMcipate in a hearing with respect b said Umited Assessment. SECTION B.OS. Sub-Association Assessments. Any Sub-Associatlon of Bedford Place Subdivision is hereby empowered to assess and osrtity for levy and collection by the Associatlon, Regular, Special and Umited Assssamsnts on the Lots and Owners thereof who are Members of the Sub-Assodatlon. The certificaton for isvy by a Sub-Associatlon and the collection thereof by the Assodatlon shall be u follows: (a) Ths Sub-Asaodatlon Board shall, bllowing its By-Laws, rules and regulatlons, meet and approve a Regular, Spsotal or Umitsd Assessment. (b) A written csrtlficatlon signed by the President and Secretary of the Sub-Assodation that a Rsgular, Special or Umited Assessment has been approved by the Sub-Associatlon Board shall bs submitted to the Board. Ths oertitlcatlon shall contain the following: p) a description of the type of Assessment to bs levied and collected; pl) the name and address of the Owner and the legal description of each Lot to bs assessed; pia) the amount to bs levied and collected from each Owner; and pv) the term of said levy and the due dates for the payment thereof by the Owners aifectsd. The due dates may bs adjusted by the Board b oonbrm the same b the due dates of the Assessments of the Assodatlon for the purpose of achieving sincisncy and economy in preparing and mailing statements and notlces and oolisctlon. (c) Upon compliance with the brsgoing, the Board shall levy the Assessment so certified in accordance with the terms of the osrtltlcatlon in the ssme manner as levies for Assessments of the Association. Any Isvy made by the Aaaodatlon on behaM of a Sub-Assodation pursuant to a proper certification shall haw fha same force and affect as a law made by the Aasodatlon. • • SECTION 8.0~. Uniform Rate of Assessment. .Except as expressly provided to the contrary in this Master Declaration, Regular and Special Assessments of the Association shall bs fixed at a uniform rate for all Lots. SECTION 6.08. Assessment Dw Dab. The due dates for Regular, Special and Umited Assessments shall be the first day o} the first month of each calendar quarter, unless some other due date is established by the Board. Each installment of an Assessment shall be delinquent ff not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Spsdel or Umksd Asssssmanta be paid In a lump sum Instead of Installments. SECTION 8.09. Interest and Penalties. Any Regular, Spsclal or Umited Assessment levied by the Association on Lots, if not paid when due, shall bear Interest at an annual rate as shall be set by the Board from time to time, or if none is so set, at an annual rate of twelve percent (1296). Such interest shall commence on the date the Assessment becomes due and payable. In addition to the interest charge the Board may, in aoordanos with rules and regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. Ths right of the Board to charge Interest or impose additional fines or charges shall bs in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non-payment of an Assessment. SECTION 8.10. Estoousl Certlflcab. Ths Assoclation, upon not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement In writing stating whether or not to the knowledge of the Association, a particular Owner is in default under the provisions of this Master Osclaration and further stating the dates to which Assessments haw been paid by said Owner, it being Intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or Mortgagee of said Lot, but reliance on such certificate may not extend to any deisult as to which the signer shall haw had no actual knowledge. Ths Association shall have the right to charge a reasonable tee for the certification herein provkied. SECTION 8.11. Nonce and Ouorum Reawirements. Notwithstanding anything to the contrary contained in either the Articles or the By-Laws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment described in Section 8.03, above, or a Umited Assessment described in Section 8.04, above, shall be sent to each Owner whose Lot is subject to the levy of such Special or Umited Assessment not less than ten (10) nor more than fifty (50) days in advance of the meeting. Ths presence of Owners or of proxies entitled to cast sixty percent (6096) of the total votes of each class of Members of the Assocation subject to the levy of such Special or Umited Assessment shall constitute a quorum. M the required quorum Is not present, the meeting may bs rescheduled by the Board for a date not later than sixty (60) days after the date of initial meeting and at the rescheduled meeting the presence of Owners or of proxies entitled to cast ten percent (1096) of the total votes of each class of Members shall onstituta a quorum. No written notice of the rescheduled meeting shall be required. Notwithstanding the foregoing, in a case involving the levying of a Umited Assessment on a Lot, as provided in Section 8.04, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum at the initial meeting, and the Board may approve and levy such Umited Assessment even though the Owner of the Lot subject thereto is not present in person or by proxy. ARncLE oc ENFORCEMENT OF ASSESSMENTS SECTION 9.01. Rtoht to Enforce. Ths right to collect and enforce payment of_ the Assessments made by the Association Including the Assessments made and certified by aSub-Association) is waled in the Association. Each Owner of a Lot hereby agrees to the snforwmsnt of the payment of all Assessments in the manner herein provided. In the event an attorney is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce ompliancs with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement Is sought shall pay reasonable attomeys' fees in connection therewith. SECTION 9.02. Creation of Assessment Lkf+ns. Thsro is hereby created a continuing claim of lien with power of sale on each and sorry l.,ot to secure payment of any and all Assessments levied again:t any and all Lots within the Property pursuant to this Master Declaration, together with Interest thereon and all costs of collection which may bs paid or Incurred by the Association in connection therewith, including roasonable attorneys' tees. Said lien shall bs prior and superior to all other liens or claims created subsequent to the recordation of this Master Declaration except only for: I) valid tax and special assessment liens on Lots in favor of any governmental unit assessing authority; Ii) a lien for all sums unpaid and secured by a first Mortgage or first Dsed of Trust, duly recorded in Ada County, Idaho, including all unpaid obligatory advances to bs made pursuant thereto; and (iii) labor or matsrialman's Iisns, if the cams are prior and superior by reason of applicable law. All other Ilan holders acquiring liens on any Lot after reordatton of this Master Declaration shall bs deemed to consent that such liens shall bs inferior Iisns to the lien for Assessments levied by the Aaaoclatbn, whether or not such consent bs specifically set forth in the Instruments rxsating such other liens. SECTION 9.03. Notce of Assessment. Kan Owner fails to pay an Assessment within thirty (30) days of its due date, the Association shall prepare a written Notice of Assessment setting forth the type of Assessment, the amount of the Assessment, the due date thereof, Including the amount and due date of installments If the same are permitted), the amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall ba signed by the President and Secretary of the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Reorder. At such time as a delinquent Assessment which is described in the Notice la paki, the Association shall prepare and reord a Notice of Satisfaction with respect thereto. SECTION 9.04. Enforcement. Upon the failure of an Owner to pay an Assessment in accordance with its terms, the lien for Assessment herein created may bs enforced by sale by the Association, such sale to be onductad in the manner provided by law in Idaho for the sxsrclss of the power of sale in Deeds of Trust or in any other manner permitted by law elected by the t3eard_ In env such foreclosure. the Owner shall be required to pay the oats and expenses of such proceedings, including all i • (a) Ths name and addross of said Mortgagee; (b) A legal dsscriptlon of the Lot subject to the Iisn of the Mortgaps by Lot, Block and Subdivision; (c) The name and address of the Owner; (d) The date the Iisn of the Mor~ags was filed of record In Ada County, Idaho, and the Instrument number thereof; (e) Ths maturity dam of the obligation secured by acid Mortgage Ilan; (f) A Dopy of a tiW insurance report evidencing that the Mortgagee is the holder of a first Mortgage or tM bsnefiotary of a first Deed of Trust; (g) The signature of the Mortgagee or authorized sent. In the event the Asaodatlon shall be required to Hotly a Mortgages as hsreln provided, the Association shall assess the Owner who is delinquent the sum of 625.00 as a reasonable charge for such notlficatlon and such charge shall bs a cost of collection secured by the Assessment Ilen described in Sectlon 9.02, above. Ths charge for such notlficatlon shall be subject to change by the Board. SECTION fa.07. Term of Assessment. Unless sooner satisfied and released or the enforcement thereof initiated as provided in this Article, the lien for any Assessment levied under this Master Declaratlon or any applicable Supplemental Declaration shall expire and bs of no further force or effect after a period of five (5) years from the later of (i) the date of said Assessment, or (ii) the date the leaf Installment thereof is due and payable. Provided that the expiration of the lien as provided herein shall not release an Owner from the personal obligatlon to pay any Assessment. SECTION 9.08. Non-Exclusive Remedv. The remedies set forth in this Article or elsewhere in this Master Declaration shall not be deemed to bs an exclusive remedy and the Assodatlon may pursue all other remedies available at law or in equity. ARTICLE X due-ASSOCU-noNs SECTION 10.01. rea The Grantor shall haw the right to create Sub-Aasoclatlons as Idaho non-profit oorporationa. Each such Sub-Association shall have all power, rights, obligatlons, responsibilities and dutles and bs subject to all of the same limitations and restrictions as are specified in this Master Dsdaratlon with respect to the Assodatlon, except for such differences, requirements or limitatlona as are expressly set out in this Master Declaration and/or the applicable Supplemental Declaration and such changes as the Grantor may deem appropriate as a rssuft of the different and spsclfic Common Areas being owned, maintained and managed by wch Sub-Assodatkms, which changes shall bs set forth in a Supplemental Declaration. SECTION 10.02 Voting. Each Sub-Aasodatlon shall have the two (2) classes of voting memberehip and the voting rights shall bs ss specified for the Assodation in Section 6.05, above. SECTION 10.03. Powers and Dulles. Each Sub-Assodation shall be managed by a Board of Oirsctors and officers in the same manner as spsdfisd in Section 6.06, above, for the Assodatlon and shall haw the same powers and duties with respect to its Msmbsre and the Common Areas owned, managed or maintained by it, including any easement areas controlled by it, said powers and dutles to include the levying of Assessments and ceNficatlon thereof to the Association for collection, adopting rules and regulations, granting easements, liosnsss and rights~of-way, payment of expenses, taxes, assessments, utility charges, Insurance premiums and the preparation and distribution of budgets and financial statements as are provided in Article Vi, above. SECTION 10.04. M m r . Ths Members of each Sub-Association shall bs the Owners of Lots in the portion or phase of Bedford Plaos Subdivision described in the Supplemental Dsclaraflon relating thereto. Memberships may only bs transferred in the same manner as specified In Section 6.04, above. ARTICIIt XI. SECTION 11.01. Members of the Commktee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shat) be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, untll said Member's successor has been appointed. Members of the ACC may bs removed at any time, with or without cause. SECTION 11.02 MooiMment. So long as the Grantor owns any Lot or parcel wkhin or adjacent to the Property, the Grantor shall have the sole right to appoint and remove all msmbere of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of Its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall oonatkuts an act of the ACC. The msmbsre of the ACC shall not receive any oompsnsation for services rendered, . .. _. _e .~_._ .....e__ ,._.._.._J_. ~,~.Ll~~ L.-.1. ~L~II • SECTION 11.OS. Aroroval Reouired. No construction, alteration, modification, removal or destruction of any Improvoments of any nature whatsoever, whether real or peroonel in nature, shall bs initiated or be permitted to continue or exist within the Property without the prior express written approval of the ACC. SECTION 11.06. rlanoes. The ACC may authorize variances from oompliarwe with the requirements of any conditions and restrictions oontainsd in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, In the sole discretion of the ACC, dreumstances sudt as topography, natural obstructions, aesthetics, economic rircumstances, or environmental considerations or hardship may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the ACC. M a variance is granted as provided herein, no violation of this Master Dsdatation, ACC Rules/ACC Standards or prior approval 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 Master Dedaratfon or the ACC Rulsa/ACC Standards for any purpose except as to the particular subject matter of the variance thersoi and the spedflc Lot covered thsroby. The ACC shall haw the right to consider and grant a variance as herein provkdsd either with or without notice to other Owners or a hearing of Ownere thereon. Ths granting of a variance by the ACC pursuant to this Section shall not roliew the Owner from the obligation to fully comply with the adinanoss of the City. of Meridian, kdaho, applioabls to the Property. SECTION 11.07. l a To request ACC approval for the construction, alteration, modification, removal or demdition of any Improvements within the Property, the Owner shall submit a written application in a form required by the ACC which must bs signed by the Owner and contain all Information requested and bs accompanied by all other material to be submitted as hereafter provided. All applications must contain, or haw submitted therewith, the following material (collectively called 'plans and spsaflcations') prepared in acoordanos with aoosptabis architectural standards and submitted with the application form, if any, approved by the ACC: (a) It Q. A efts plan showing the location of the Building(s) and all other atrtrcturss and Improvements induding fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent infomnaflon relating to the Improvements. (b) i3ullding Plan. A building plan which shall consist of pre0minary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior spsdfications which shall Indicate, by sample if required by the ACC, all exterior colors, materials and finishes, induding roof, to bs used. (c) Landscaos Plan. A landscape plan for portions of the Lot to bs landscaped which shall show the location, type and size of tress, plants, ground Dover, shrubs, harming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, perking areas and walkways. Ths ACC may, in ks discretion, requiro the Owner to furnish additional spsdflcations, drawings, material samples or such other Information as the ACC, in its sole dfsrxetion reasonably exsrdaed, shall deem necessary or convenient for the purpose of assisting the ACC in reviewing and processing the application. SECTION 11.06. Comraletkm Security DsoosK At the rime of the submission of the application under Section t 1.07, above, the Owner shall deposit with the ACC, u a oompleflon security deposit (hereafter "Completion Deposit'), the amount of 51,000.00, or such other amount as shall be determined by the ACC. The Completion Deposit shall bs held by the ACC as security for the timely completion by the Owner of the improvements on the Lot as approved by the ACC, including, but not limited to the landscaping on the Lot, and upon such timely completion shall bs returned to the Owner without interest. M the Owner fails to timely complete wch improvements, the ACC shall have the right to deduct from such Completion Oeposit the amount of any penalties, off-sets and costa as set forth in this Master Dedaraflon or the ACC Rules/ACC Standards, induding any costs which may be paid or incurred by the Assodation or a third party to complete such improvements. SECTION 11.09. Decision. In reviewing the application and the materials submitted therewith and in reaching a derision thereon, the ACC shall use its best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically oomplsmentary design and appeuance and be of the quality required to maintain the Property as a quality residential development. Unless extended by mutual consent of the Owner and the ACC, the ACC shall render its decision with respect to an application within forty-five (45) days after the receipt of a properly submitted application. Ths derision of the ACC can bs In the form of an approval, a conditional approval or denial. The derision of the ACC shall bs fn writing, signed by a member of the ACC, dated, and a Dopy thereof mailed to the Owner at the address shown on the application. A conditional approval shall set forth with particularity the conditions upon which the application fs approved and the Owner shall bs required to affix a Dopy of said conditions to the working drawings or blueprints which are to bs kept on the Job site during the entire course of the work to which said plans relate. A denim of an applicaton shall state with particularity the masons for such denial. SECTION 11.10. Insoectlon and Com~laiMS. Ths ACC is empowered to Inspect all work in progress on any Lot at any time. Such inspection shall bs for the purpose of determining whether the Owner is proceeding in accordance with the • • Should the ACC determine tMrs has been no deviation or violation, it shall promptly issue a notice of such determination to the Owner and the Complainant. SECTION 11.11. HsaNno. M Owner submitting an application under Section 11.07, above, or served with a written notice of deviation or violation, or a Complainant shall haw the right to request and bs heard at a hearing held by the ACC for the purpose of presenting facts and Information to the ACC. Such hearing must bs requested by such party within ten (10) days from the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall issue a written opinion to the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with respect to the matters at Issue and shall affirm, modify or rescind ks previous decision as contained in the original written notice. ff the ACC Incurs any costs or expenses in oonnecNon wkh the investigation, processing or hearing on a matter Involving a deviation or violation, including the coats of retaining a consultant(s) to advise the ACC and Isgal fees, such costs shall bs paid by the Complainant unless an Owner is found to bs in violation, in which event such Owner shall pay all such costs. The payment of such costs shall be snforosabls as provided in Section 11.13, below. SECTION 11.12 Aoo a1i ©thsr an Owner or a Complainant shall haw the right to appeal to the Board a decision of the ACC on an application with respect to the conditions imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11.11, above, provided, however, that neither an Owner nor a Complainant shall bs entitled to such an appeal with respect to deviations or violations unless said Owner or Complainant has partidpatsd in the ACC hearing. A notice of appeal shall bs in wrking and shall bs delivered by mail to the Secretary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, ff any, and a copy of the written decision or determination of the ACC. Ths failure of an Owner or Complainant to appeal a decision of the ACC in the manner and within the time herein provided shall terminate alt rights of said Owner or Complainant to appeal said dsdsion and k shall bs binding and enforceable. The Board shall flx a date for the hearing of such an appeal which date shall be no later than tan (10) days from the data of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, ff any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also be served by mail upon each member of the ACC. The Board may require the Owner or Complainant to provide additional information to facilitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the derision by the ACC shall be oonstdsred float and not subject to further appeal. At the hearing the Owner, Complainant, ff any, and the ACC, together with their rsprssentatNros and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the ACC shall have the opportunity to question and cross-examine wknesses presented by the other. Ths Owner, the Complainant, ff any, and the ACC will haw the opportunity to present float argument oonsfstent with rules adopted by the Board for such hearing process. Any party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving ell of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the Board shall cast its offidal ballot and the derision shall be duly recorded to ihs minutes of the meeting. The Owner, the Complainant, if any, and the ACC members shall bs given written notice of the derision which shall bs deemed given when deposited in the United States mail, postage prepaid and properly addressed. M the Board Incurs any cosh or expenses in oonnsctiort with the investigation, processing or hearing on an appeal, including the costs of retaining a oonsukant(s) to advise the Board and legal fees, such costa shall be paid by the party(s) filing the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the ACC, in which event such costa shall be paid by the Assodation. ff the party filing the appeal is obligated to pay such costs, payment of the same shalt bs snforosabls as provided in Section 11.13, below. A derision of Ntis Board of an appeal shall be float and shall not bs subject to rsoonstderation or further appeal. SECTION 11.13. Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by k to bs necessary or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC laulss/ACC Standards or the approved plans and apsdflcations. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shalt haw the sole discretion to commence such proceedings. Ths authority of the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying out said Isgal or equitable proceedings, all of which costa shall bs paid by the Association. In the event the ACC and/or Association shall prevail in any such legal or equitable proceedings, all costs and expenses • • SECTION 11.15. Non-Exclusive Remedv. Tha right of the Associatlon to lery a Limited Assessment as described in Sections 11.12 and 11.13, above, shall not be deemed to bs an exclusive remedy of the Assodation and it may, In Its sole discretion, without waiver of any other Isgal or equitable remedy, pursue snioresmsnt of the lien of said Limited Assessment(s), proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. SECTION 11.1& Prhrab Rlahts. The Assodatlon shall not have ~s right to mediate or litigate private disputes between Owners where there is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the interests of the Assodation or a wbstantlal number of the Owners would not be bsnsfittsd thereby. ARncLe lal. SECTION 12.01. Annexatbn. Additional property may be annexed to Bedford Place Subdivision end brought within the provisions of this Master Dsdaratlon by the Grantor, at any time, without the approval of any Owner or the Association, rop vided, that such annexation is first approved by the U.S. Department of Housing and Urban Development ('HUO'), if such approval by HUD is required as a condition for FHA/VA tlnandng. To annex additional property to Bedford Place Subdivision, the Grantor shall record an amendment to this Master Dedaratlon which shall specify the annexation of the additional property to Bedford Place Subdivision and which may supplement this Master Dsdaration with addition or different covenants and restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Grantor deems not appropriate for the annexed property, so long as the additlonal, different, deleted or modified covenants or restrictions are not prohibited by the regulatlons and requirements of HUO for residential subdivisions of the nature and type as Bedford Place Subdivision. Upon such annexation, the Ownero of the Lots within the annexed property shall become members of the Aasodatlon with ell rights, privileges end obligations as all other membsro. Ths amendment of this Master Declaration as authorized by this Section, to annex additlonal property to Bedford Place Subdivision, shall be controlled by the provisions of this Section and shall bs expressly excluded from the requirements of Section 14.02 of this Master Dsdaratbn. SECTION 12.02. De-Annexation. The Grantor shall have the right to delete all or a portion of the Property from the coverage of this Master Dsdaratlon and the jurisdiction of the Assodatlon, so long as the Grantor is the Owner of ail of the property to bs de-annexed and, provided lurthsr, that an appropriate amendment to tl-is Master Dsdaration is recorded to the office of the Ada County Recorder. ARTICLE loll. SECTION 13.01. Purpose. Notwithstanding any and all provisions of this Master Dsdaratlon to the contrary, to induce the Federal Home Loan Mortgage Corporation ("FHLMC"), the Government National Mortgage Assodation ('GNMA"), the Federal National Mortgage Association ('FNMA'), the Federal Housing Administration ('FHA") and the Veterans Administration ("VA') to partidpata in the financing of the purchase of Lots within the Property, the provisions of this Artlds are added thereto. To the extent the following Sectlons of this Article conflict with any other provisions of this Master Dsclaratlon or the provisions of any Supplemental Dsdaratbn, this Artlde shall control. SECTION 13.02. Restrictlons on Amendments. No amendment of this Master Dsclaratlon shall operate to defeat or render invalid the rights of a Mortgagee or beneficlary under any first Mortgage or first Deed of Trust upon a Lot made in good faith and for value and recorded prior to the rscordatlon of such amendment, provided that after foreclosure of any such Mortgage or Dsed of Trust wch Lot shall remain wbject to this Master Dsdaratlon, as amended. SECTION 13.03. Mort4agee Defined. For the purposes of this Article only, a `Mortgages" shall refer only to FHLMC, GNMA, FNMA, FHA and VA, as described in Section 13.01, above. SECTION 13.04. Right to Notlce. Each Mortgagee, upon filing a written request for notification with the Board in accordance with Section 9.06, above, shall bs given written notice by the Association of any default by the Owner of the Lot encumbered by the Mortgage held by said Mortgagee in the performance of such Owner's obligations under this Master Dsdaratlon and under any Supplemental Dsdaratlon applicable to the Lot, the Articles or the ey-Laws of the Assodatlon (hereafter collectively referred to as 'Project Documentary, which dsfauk is not cured within thirty (30) days attar the Assodatlon has notice of such default. SECTION 13.03. Exemption From Prior Assessments. Each Mortgages which comes into possession of a Lot by virtue of foreclosure or otherwise shall take tltle to such Lot free from any daims for unpaid Assessments and charges against the Lot which axrue prior to the tlme such Mortgages Domes into possession, except for daims for a share of such assessments or charges resuhing from a reallocatlon thereof to all Lots, including the mortgaged Lot. SECTION 13.06. Chances Repulrina Unanimous Approval. Without the prior unanimous approval of all Mortgagees of Lots within the Property, neither the Asaoclatbn nor the Ownsro shall: (a) By act or omission seek to abandon, partition, subdivide, encumber, rill or transfer the Common Area which is owned, directly of Indirectly, by the Assodatlon, provided, however, that the grantlng of easements for public utllitlas or for other public purposes consistent with the intended use of the Common Area by the Asaodatlon shall not be deemed a transfer within the meaning of this Section. (b) Change the ratlo of Assssamsnts or method of determining the obligations, Assessments, dues or other charges which may bs kivisd against any Owner or the method of allocatlng distributlons of hazard insurance proceeds or condemnation awards. • (d) Abandon or terminate Hs covenants, conditions, restrictions and easements of this Master Declaraflon or any SupplsmsnW Dsduation. (e) Maks any material amendment to this Master Dsdaratbn or any SupplsmenW Declaration or to the Articles or By-Laws of Hs Assodation or any Sub-Associaflon. SECTION 13.08. RIaM to Inspect Books, Eto. Mortgagees, upon written request, shall have the right to (i) examine the books and records of Hs Association during normal business hours; (II) require from the Assodatlon the submission of audited annual flnanclng reports and other flnandal data; Qil) receive written noflos of all meetings of Owners; and (iv) designate in writing a representative to attend all such meetings. SECTION 13.0sa. Notlflcatlon of Damage. Upon Hs Board receiving notice of any damage to the Common Area or any Lot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars (St0,000.00) or notice of any condemnation or eminent domain proossdings or other simile involuntary acquisition of any portion of the Property, the Bond shall give to each Mortgages whk:h has filed with the Board a written request for notice, prompt written notice of said damage or oondsmnation. SECTION 13.10. RIaM to Pav Charges. Mortgagees may pay taxes or other chugea which us in default and which may or have become a chugs against any Common Arsa and may pay any overdue premiums on hazard insurance policles covering said Common Area and said Mortgagees making such payments shall bs entitled to immediate reimbursement therefor from Hs Assoclation. SECTION 13.11. Fidelfly Bond Required. Ths Boud shall secure and caused to bs maintained In force at all times a fidelity bond for any person or entity handling funds of the Assodation. SECTION 13.12 Lessee's Obligations. Any agreement for Hs leasing or rental of a Lot, including amonth-to-month rental agreement, shall provide that the terms of such agreement shall be subject to Hs provisions of the Project Documents. All such agreements shall bs in writing and shall provide that any failure by the lessee to comply with the terms of the Project Documents shall bs a default under He leasing w rental agreement. SECTION 13.13. Uabillty for Taxes. All taxes levied and assessed on Hs Common Area must bs assessable against those Common Area only and the Association and/or any Sub-Association shall bs solely responsible for the payment thereof. SECTION 13.14. Walwr of Uablll4Y and Subrogatk~rt. Any provision in this Master Dsdaration which requires Owners to indemnify the Assodation, a Sub-Assoclation, the Bond or the Sub-Association Board, or other Owners against acts of the indemnitor is subject to Hs exception that if the liability, damage or Injury is covered by any type of insurance and proceeds us actually paid to Hs Insured by reason. thereof, Hs indemnitor is relieved of liability to the extent of Insurance proceeds so paid. SECTION 13.15. FNMA and GNMA Insurance RegutremeMs. Notwithstanding any other provisions contained in this Master Declaration, Hs Assodation or a Sub-Assodation shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for planned unit development projects established by FNMA and GNMA, so bng as either Is a Mortgagee or Owner of a Lot within Hs Property, except to the extent wch coverage is not available or has been waived in writing by FNMA or GNMA SECTION 13.16. Addltlonal Contracts. in addition to the foregoing provisions of this Article, the Board may enter into such contracts and agreements on behalf of the Association as ue required in order to satisfy the guidelines of FHLMC, FNMA, GNMA,FHA, VA or any simile entity, so as to allow for Hs purchase, guaranty or Insurance, as the case may bs, by such entity of mortgages encumbering Lots within knprowments thereon. Each Owner hereby agrees that k will benefit the Association and each Owner, as a class of potential mortgage borrowers and potential sellers of theirs Lots, if such agendas approve the Property as a qualifying subdivision under applicable policies, runts and regulations as adopted from time-to-time. SECTION 13.17. ~ortsent ~ Release of Informatlon by Mortgagee. Mortgagees ue hereby authorized to furnish Information to Hs Boud concerning Hs status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent Hereto. SECTION 13.18. Restricted Application. K is expressly provided Hat the terms, conditions and provisions of this Article shall not be operative or in force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or insures a Mortgage on a Lot within Hs Property and Hen only to the extent He same are required by said purchaser, guarantor or insurer. In He event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Property as a qualifying subdivision, He inclusion of one of more Of He provisions of this Article, said non-required provisions shall bs of no further fora or effect. ARncLE xnr. SECTION 14.01. Term. This Master Declaration and all covenants, conditions, restrictions and easements contained herein shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, said covenants, conditions, restrictions and easements shall bs automatically extended for successive period of ten (t0) years each, unless extinguished by a written Instrument executed by Hs Owners of at least Hrss-fourth (3/4) of the Lots covered by His Master Declaration and such written instrument is recorded with He Ada County Recorder. (c) Annexation Not Amendment. As provided in Section 12.01, above, the amendment of this Master Declaration by the Grantor to annex additional property to Bedford Place Subdivision shall not constitute and amendment of this Master Declaration squiring the approval of the Owners. SECTION 14.03. Sewer Covenants. The following oownants shall run with each Lot and any Common Arsa affected thereby and shall bs bindlnq upon each Owner of a Lot and all occupants of any Improvements constructed on a Lot: (a) No Lot may bs used or occupied for any alk~wsd use unless the cams is connected to the public sewerage oolisction system oonswcted and installed within the Property. (b) All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall bs paid by the Owner at the time of construction of the kprovements thereon and the connection thereof to the public sewerage collection sysem, Bald sewer hook-up fees to be paid at such time and in such amount as shall bs required by the ordinances and regulations of the municipal entity having juriadictlon thereof. (c) A monthly sewerage charge shall bs paid to the municpal entity having jurisdiction thereof, or its dsatgnee, after oonnecdon ~ the public sewerage collection system in accordance with the ordinances and regulations of saki municlpsl entity. (d) All sewer service lines oonnsctsd to the sewerage collection system constructed and installed by the Grantor in the Property shall bs constructed in aooordanos with all applicable codes and regulations and shall be inspected as rsqulred by the governmental entity having jurisdiction thereof to assure a minimum of infiltration from said service line Into the sewerage oollsction system. (e) The Grantor shall provide access, satisfactory ~ the governmental entity having jurisdiction thereof, for sewer cleaning squlpment to all sanitary sewer manholes located outside of public right-0f-way. (i) The Grantor and each Owner of a Lot hereby authorizes the govemmentat entity having jurisdiction thereof, or its designee, to bring any action it deems necessary or required for the collection of any fees or charges due acid entity for sewer service connected or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection system or use thereof as provided in this Section. (g) Unless the Property has been prsvkwsly annexed into the corporate limits of the Gty of Meridian, kiaho, the recordation of a Plat for Bedford Place Subdivision by the Grantor shall bs deemed and construed as a request by the Grantor for the annexation of the property crovsred by said Plat Into the corporate limits of the Gty of Meridian, Idaho. Such request shall be binding on all subsequent Owners of the Lots within the PropsAy oownd by said recorded Plat. SECTION 14.04. Books and Records. All hooka, records and minutes of the Board and all other hooka and records maintained by the Assodation shall be made available for Inspection and copying by any Owner or by his duly authorized representative, at any reasonable time and for a purpose reasonably related to his interest as a member in the Association, or at such other place and time as the Board shall prescribe. SECTION 14.08. Non-Wahrer. The failure of the Grantor, the Board or any Owner in any one or more instanoas to insist upon the strict performance of any of the covenants, conditions, restrictions, easements or other provisions of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain In full force and effect. SECTION 14.08. ArcceMance. Each Owner of a Lot, each purchaser of a Lot under a contract or agreement of sale and each holder of an option to purchase a Lot, by accepting s deed, contract of awls or agreement or option, accepts the cams subject to all of the oownanta, conditions, resUictions, easements and other provisions set forth in this Master Declaration and agrees to bs bound by the name. SECTION 14.07. Indemnification of Board Members. Each member of the Board and each member of the ACC shall be indemnified by the Owners against all expenses end liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be a party or in which said member may become involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expanses or liabilities are incurred, except in such cases wherein said parson is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best interest of the Assoclation or Owners. This Section shall extend to and apply also for the indemnification of the Grantor during the initial period of operation of the Assodation or prior thereto during the period the Grantor Is exercising the powers of the Association. SECTION 14.08. Notices. Any notice permitted or required to bs delivered as provided in this Master Declaration shall be in writing and shall bs delivered either personally or by mall. N delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has bean deposited in the United States mail, postage prepaid, properly addressed. SECTION 14.09. Inter~rstation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth in Article N, above, and shall be construed and governed by the