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Finch Creek Subdivision
July 11, 1997 City of Meridian Planning & Zoning or Development of Fench Creek Subdivision. To whom it may concern: I, Delmer Blades, lease the property directly to the north of Fench Creek I have been given full authority of the care to this property by the owner, Wanda Stewart. Since the Fench Creek Subdivision has been developed, small amounts of vandalism has occurred to this property.- and the problem is growing. I have reported this to the Ada County Police. and have also filed a report on vandalism. I have cattle on this property, and have had cattle there for many years. The vandalism has consisted of tearing down the fences, as well as dumping trash on the property. I no longer want the responsibility of my cattle getting out in neighborhood yards or any other problems my cattle my cause by getting out -due to the vandalism. Please help us to become good neighbors, by building a fence between us or some other solution that will hopefWly solve this problem. Sincerely, Delmer Blades 939-8584 Wanda Stewart, Owner 345-042 11t<+~ V J U L 1 ~ ~9~7 ~L'Y OF ~E~t~~~~ CoPics ~ /Lfu~-v'~ s ~'lt~ ~~~~~. ~~ri ~ ~~ ~. Y Lf ,i . ~ } ~, • , 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Areo Code 208 Mr. Jim Merk/e Hubble Engineering, /nc. 9550 Bethe/ Court Boise, lD 83709 RE.• loch Cresk Subdivision -Pressure /rrigation Dear Jim: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian /rrigation District has completed a review of the pressure irrigation plans and ca/culations for the above mentioned project. The plans appear to be adequate for this new phase. When the pumps are se%cted the pump curves wi/l need to be reviewed a/so. /f constructed according to p/ans, this wi//meet the requirements of the Nampa & Meridian /rrigation District. We have a/so received a signed contract with the deve%per, Mr. Borup, as well as the MOU's for the previous/y so/d homes. P/ease fee/ flee to contact me if you fee/ further discussion is required. Sincerely, ~cG.-~ ohn P. Anderson, Water Superintendent NAMPA & MER/D/AN /RRIGATION DISTRICT JPA: d/n cc: File Each Director Secretary-Tiessurer Asst. Secretary-Treasurer Asst Water Superintendent Pressure /rrigation Specia/ist - C/inton Ride 4 - Gi//more Attorney -Burn Engineer -Sharp rty of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 May 1997 _ .,. ~rr~ r~~n ~ 1 1447 f ~r'~ f . CITY t~~ ~IERIDtAN .` . ; :; QDDENDUIdI TU LICE~JSE AUr~EEfJfEt~lTi FINCH CREEK SUBDIVISIQN ADDENDUM TO LICENSE AGP.EENENT, made and entered into this day of , 1997, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (District), and CREEKSIDE DEVELOPMENT, a limited liability company, (Licensee), is made with reference to the fallowing facts: 1. The parties hereto entered into a certain License Agreement dated October ~, 1394. recorded Octrk~er 7, 1 ~~9=-. as I,~s±~l!n?en~ ho. 94:~G024?, rFC'J-'~~S :^` r"=Qa County, Idaho. 2. Nampa r~ h;eridian IirigatiC!-~ District ;,cr~t~~als the irrigation witch or canri known as FINCH LATERAL together with the easement thereof. Licensee is the deve^~ of }$~e~#@fd--P}~,e 4ubdivision. C; ~ ~ - 3. Licensee now wishes to make certain encroachments on fihe District's right of way along FINCH LATERAL for the purpose of completing work in the Gistrict's easement area. 4. This encroachment is not permitted under the terms of said previous License Agreement. NOW THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and these set forth in thy; License Agreement referred M ahove naming Nampa ~ ~.~lerldian irrig2tier, District a^d Creekside Development, a limited liability company as parties, the parties hereto agree as follows: 1. Licensee may encroach on the District's right of way along Finch Lateral as follows: ADDENDUM TO LICENSE AGREEMENT - 7 ~~. G ~' a. In the Finch Creek Subdivision, Lot 8, Block 4, Licensee will pipe~}te ~ r ~~`~' existing Finch Lateral from the border between Bedford place Subdivision and Finch Creek Subdivision thtcugh Lot 8, Block 4 for a total cf 64 feet. This piping will connECt with the existing piped and relocated portion of Finch Lateral located in BEdfcrd Flace Subdivision. A copy of the plat fcr Finch-Creek Subdivision Es attached hereto as Exhibit "A". A copy of the proposed work is attached as Exhibit "B". b. In the Iccation of Lot 9, Block 4, Finch Creek Subdivision, and running along the boarder between Bedford Place Subdivision and Lot 8, Block 4, Finch Creek Subdivision, Licensee shall construct a paved walkway, said walkway being to a maximum width of ten (10) feet. Licensee shall further install a six (6) foot fence on both the East and West boundary of the walkway for the distance of the forty (40) foot easement of the District. A map showing the walkway is attached as Exhibit "B". 2. The authorization to construct a walkway under this Addendum to License Hl,"i ~~I:?en: aei 12ii1S utilV t0 ti ~t' ~~!'llUtiS Gi 1rtE c'8~~'r(iZi ~i of i~ul ~l~a o~ 1vic; iCilai i Irrigation District described in this Addendum. The authorized uses for the walkw2~~ are walking, jogging and non-powered vehicles such as bicycles. 'fhe authorized use of the walkway does not include horseback riding, fishing, hunting or use of motorized vehicles. 3. Licensee shall prepare and install a readily visible sign (the "signs"} at the beginning and end of the easement being used as a walkway advising anyone using the walkway that the District claims an easement on the property, that the use of the walkway is subject to the needs of the District, the walkway may be closed from time to time as required by the District, the Licensee or its assigns are responsible for the walkway and interference vrith the. use by the District of the walkway may result in closure or the walk~rray~. c he size of the signs, and the material painted. printed or otherwise displayed thereon, shall be agreed to by the parties. 4. The Licensee, its successors and assigns, agree to construct and maintain the walkway and all improvements as provided by this Addendum, at Licensee's sole cost and expense. Licensee agrees that it will complete such construction in a safe and workmanlike manner. The walkway will not constitute a hazard to any person or ADDENDUM TO LICENSE AGREEMENT - 2 persons, and Licensee, its successors and assigns; does hereby indem~rFy hold harmless and defer>d the District from afl cl2ims or damages of any nature arise"~, ou~~ ~,.- of the use of the walkway, or for the Licensee's negligence in the construction, operat%on, maintenance and repair of the walkway; or failure of Licensee to keep the same in a safe condition. The Licensee agrees to indemnify, hold harmless and defend the District from any damages the District or its landowners may suffer arising from, related to or in any way connected with construction and /or maintenance of the walkway. Licensee further agrees to maintain general liability insurance covering said walkway in the amount of one million dollars. 5. Nothing herein contained shall be construed to impair the rights of the District, or to limit its rights of access of the property for all purposes, and all uses of the property by Licensee, its successors assigns and the public shall be and remain inferior and subservient to the rights of the District to the use of the property. 6. !n the event of faiiure, refusal er nEgiect of the Licensee or its assigns to cure 2r default in compliance with an~~ term or condition of this /lddendum within thirty (30) days after service of written notice from the District stating the particular default or breach upon the real property, then the license of the Licensee under this agreement may be terminated by the District. 7. Said License Agreement dated October 7, 1994 between the parties is hereby affirmed and its terms and conditions unchanged except as the result of the provisions of this addendum. 8. Construction under this Addendum shall be completed not later than March '"~" ._;~'t~, 1997. Time is of the essence. This. agreement will be of no further force or effect ~~ in the event construction is not completed within the time herein specified. 10. Licensee shall submit to the District's water superintendent such construction plans as the water superintendent may request regarding the work to be done and the work shall be subject to the final approval of the water superintendent. 11. The terms of this Addendum shall bind all the successors and assigns of Licensee. ADDENDUM TO LICENSE AGREEMENT - 3 IN WITNESS WHEREOF, the District has hereunto caused its corporate name "~ .: to be subscribed by offcers first hereunto duly authorized by resolution of its board 'of `' Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereunto caused its corporate name to be subscribed and its seal to be affixed thereto, al! as of the day and year herein first above written. NAMPA & PJiERIDIAN IRRIGATION DfSTRiCT BY. Its President ATTEST: BY tts Secretary CREEKSIDE DEVELOPMENT, a limited liability company Bruce Borup, managing member ADDENDUM TO LICENSE AGREEMENT - 4 r ~°. ~~' i y~ a -~T STATE OF IDAHO ) ss: COUNTY OF CANYON ) On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument, and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand aRd affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) ss: COUNTY OF ADA ) Notary Public for Idaho Residing at: My commission expires: On this `;rte day of '~hAa+~-~1 , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE BORUP, known to be the managing member of CREEKSIDE DEVELOPMENT, the limited liability company that executed the foregoing instrument and acknowledged to me that the limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in_this_certificate first above written. • .. .~ ~:e~ NDT ~: 9 ~: 9 :.t~ „yj ~ ~ ~~ "per ~[" y (~ \ •p: • ''•.,,jDA H~ ~..••~ Notary Public Idaho ~" Residing at: My commission expires: '~ ~ 6 Zooa ADDENDUM TO LICENSE AGREEMENT - 5 FINCH PLAT SHOWING ~'.I~~'~'K S U~3DI VISION . A PORTION OF GOVERNMENT LOT 2, NE1/4, SECTt01~5~, . .,. ~._, T.3N., R.1E., B.M., ~~ ~~ ~~~. MERIDIAN, ADA COUNTY, IDAHO ~~.- 1995 ~''~ ,~ • RUBBLE ENGINEERING, INC. • b'~~. ~ ~~~ ~ 801SE. IDAHO r ~--- - - 8ASI3 OF BEARING 6 - - - - w ~rs•a• w ~~ ,riT.n`'-- - ~ E. U571CK ROAD - . 9 i0UN0 8RA$S CAP '~ SET S/e' x 30' MtON PM M1TN RASTIC CAP • SET 1 /2 X 24' 610N PM MTM PlASTiC CAP t' FOlklp ]/e' N10N PIN. REPLACE v~TTMil vUStt~ ~~~ Prr • vDUNO S/e' IRON PIN. Ply 4431. ° Paxro 1/2' IRON PIN. PlS 4461 ~ ~ CALCUlATEO PgNT, NOT SET ~Q ~•~~C + R' - - PROPERTY 80UNDARY ~~ ~ •C - - PUBUC UTAJTIES. DRARIACE ANO -~~ ept1OAT10N EASE4ENT 10' fROM '~'~yy~ PROPERY UNE AND OR l.OT UNE ,j ~ O ---...-__.__~.-- CENTERLINE uTERAI/SlOlldf \'~ ~ LINE DATA: - CENTERLINE (N e0'S2' E 2007 DATA OF RECORD ~~' -N75- '~,~ M1NE$S CORNER OR REFERENCE MONUMENT _ i00' OFTSET.TO LOi CORNER UNlE55 OINENS70NEp OTMERMSE, ALL RN'S At POMTS Oi REVERSE CURVE ARE RAOIAI, TO lOT CORNER ~4 LOT NUYeER ~S ~' °'~a . , - 3 R ~` ~~~eJ9 ~~i~ ~ ' _~~~ J ~' ~ (N es'03' E ~ '~,ifS ~ ~ ~ N ee-~e'S3' E e,~ 0 W F- J d Z ~..\... =oun~ aouc~ ~+ 1NCN uTFRAta i >~ MSIR MO. ]Yl771 El~S1MVC U N P L A T T E D ~-~ DNMIF7lFR LJITERAL ~ ~~ saR>llar. sstRt rn ue•eas _ _`~: r. TRACT ' (N QT'Oa' E~'- N 6134'23' E e~sr • - ~az4.~a - - .. .~"'~J.. r~ ' -, . ./ SUBDIVISION ==~N0'r4 EXHIBIT ~ •.~' `~ ~ vv~a. yea. vv+ava+ ,+~ a i ` s ;~ ~.~' ,~. .;aS, r f~ f __ y~/~1.1C. ct~~~/-~ EXHIBIT $ NOU-22-1996 0?~36 FROM TO MERIDIAN CITY P.01 BRIGGS ~r~l. G~~ C~~~~ ~ ail ~ ~C~ ~'G~~N ~ ail Q~~~ TO ~ FROM .. COMPANY ~.~-~-~-~~~^ BRIGGS ENGINEERING, INC. FAX N 0. ~ ~ 1111 S. ORCHARD, St1(lE 600 ~ @0(SE, (D. 83705 ~/I~TE L~ •Z-Z. •rl ~ FAX N0.(208)345-2950 TELE N0.(208)344-9700 N0. OF PAGES SENT ~ BEI PROJECT N0. "' (Including Transmittal) REFERENCE REMARKS REPLY REQUESTED - COPY 111 ~ S. ORCHARD, SUITE 600 ~ BOISE, IDAHO 83705 ~ (208) 34a-9700 EAX NO (208) 345-2950 NOU 22 '96 06=41 PAGE.01 NOU-22-1996 0?~37 FROM `~J TO MERIDIAN CITY P.02 ADD£110tlM 7~ ILYCE@H5E ASBfE!lEI~T b~tieeac N~Af~9A A 9lEftI~IAH IRRIyATIOir DISYBIC~' @A~ 61~@E65IIQE !?E~IF~81'!lE~FE 15 October 1996 Irtstr~oeQt #9608?65~ ~_: NOU 22 '96 06 42 PAGE.02 NOU-22-1996 07 37 FROM TO MERIDIAN CITY P.03 Inn ^ RJn C`i '. 'LJV ~Vt. IDi d. 'JAY;: ~1:c1t~;~.t~[~ •~~tSt: ~ ~f I~1t~diaA ~ MEtJ ~1AN tR'RI~AI1D9t titS~IG'f 14I9DE111DUM 70 LLCE1~~_~Ri~Ett1'f~r~ ~ 4•'r RE. 'c'ST ~~' }ADD NDU TO LiCE1~SE AGREEAhENT, made and errterE artita this ~~ day og ,T, 't996, by and t~twesn T~tA146PA ~ AAERI ~ !Ai`! IRRIGATiOl~t RfS'dRtCT, al: irrtiar- distract oargaralzed anti existirui under and t ~ virtue cif the laws off the State of tdat'ao (taistrtct), ana CREEtCstDE DEVELOPMENT, limifed Ilabillty '~P~Y ~Licensae), is made wi#h reference to the t'oitowirrg facts:.] .. . 1. Ths parties hereto entered into a License Agreement this. ~1'ter referred to aS t..ic:anse Agreerr-ent~ dated t}ctober ~, 199~d, rec~ord+ed Oaxoeer 7, ' 34, as Irastrvrn®rat No. 84t79U24~, records mf Ada Caunty, Idatam. B. Nampe ~. ItAerrr trrtgat3orr D1stI'~t has an easement etc 3 Ot~tUUEILER LATERAL aria ~~GH LATEiiA1... as retocated bra Eirtch Crle®it st~.i ~siarl. 3. t_lcerbsee rrryw wtstlas to farther encroach on Qj~Vl~tLEF~ .A'YIERAL end FINCH L,AT~RAL bo er~c~aeEt[ ~vtth a house and fence. i 4. This erticraa+chrraerrt is rjot pemiitteci sander ties tern9s of ~. License Agresrtrerit. trt41N 77-lEREi=ORE, for and to carisideratk~ra of the prerxtise' and of the covenants, agreements anu oond~lons heretnaf6er set forth artd the a set forth irr ~e L.icerrse Agreernerat, the parties Hereby agree as foflows: 1. tioensee may end on ttae t:3tstrict's right a~f way w~ 'house snd feroc~ within 9 8 f~ Ot ttie tap of the bank of F~ach ~aberat acrd rtraay con: ~ ;uct a fence within 5 fee# of the retocat~ Onwailer La~berat as shown on the attached awing rraarti~ced as ExhiblFt A area i~ooorporated herein fzy reference. ' 2. Tire License Agreement is h®reby afFrmed anct the fermi f :rMi conditions shalt remain unthart~ed except as the resutt s~f the provi~iais of tXti addendurra. 3. Canstn~clion as to this adrtanc3um sheaf be completed rw' 15, 1997. Tirrae is of the essence. This agreenaerrt v~ti be of no fur i in the e~rent construa#iora is not campieted withara the time herein s. ~ AI~DCI~IOIdAA To t'icE-~sa: AC32EF.,M~NT -PAGE 1 Ater than March er force ar sal®ct c~'ied. NOU 22 ' % 06 42 PAGE.03 NOV-22-1996 0?~3? FROM TO MERIDIAN CITY P.04 4. t_it~enses shelf aut~rr-tt tai the ©i9tricst's wet®~' supet'ir>~r~ ~ t such canstr~aa~ion plans a5 fhe water sup~nterideret may recyuest and all far~l wwk all be subject to ~'' final approval by tt~e waist superintendent. 5. This agceernefit st~f4 bind the parties hereto and tfieir n ~ cave 9tedrs, p~ersor9at ~prese~nfatives, ssors end assFg~. IN ~At1TldE5S ~Vt-tEREOIR, ttte Distrlcf has hereunto caused s corporate Warne to be sasd~scribed by 4fEioers facet he~ee~ici duly a+Flhorized by res- ~ _tior~ of its board of Directors and the Glee l~ l'~er+eunta sUbscrsbee hls rime, o a cx~rport, h$s here~nsty caused its corporate a~atne tQ be subscribeei and its sed~ 4 be afttxed phefebo, all as of the day and year h®rein ftcst above wrftten. fdAhAPA >~ A~ERIDIAN dRRIG~T:~9~1 blSTftIGT • Its P ~ 3ident :. .~ •, I~ ~•Y~` r i • CRI=~KSIQE l+-EVELOPIIAE~I'F,!~ Gmiteci liabilaty comp$n~r ~~ ~y ,~..~- ucs 8fl lane hg ernbar ~.., l~pD~NDW~A TC~ l.IC~ISE .~GREEiMEF.1~kT - P~Oe~E 2 I ~, NOV 22 '96 06 43 PAGE.04 NOV-22-1996 07 38 FROM TO MERIDIAN CITY P.05 ~. STATE OF ti}AFiO ~ SS: ~OIJ~~ ~F c~-N~roro ~ O~ t3tiis _ ~'~ day ~ , ~~96, befor rQee, ~ unc#e ~gned, a Na#aFy Public In ar~d for said State, personally app®ared ~~~.~ ," a~ knavvn ~a me to be the P . ;id~t aa~d SecFetary, respectively, of NAIV{PA s~ NIERIDtAI~ 1RRi~GATtQH Dt; • 21CT, the irrisatiart disldc~ #hat executed fhe foregoing instrument, and adm !edged to me trial sticii irrigation d~striet executed thQ sam®, 1N 11VITlVESS UVHEREOF, t have her®unta sst my Hand arc ~ncgd Pny t~fFici'al seal, the day and year in this cei#ificaTe first above written. *yyfsi~s~iD ~~~h• ~~ `~f0 t~ _ ~ d~4o#~r Palblic f'ar Idetld'; z ~ ~ •. ~ '~ ~ +•~ ~ ~"~w Rehr ing a~: ~~~.+'~g ~i~~o ~ lUiyr commission expir~es:~ ~~.._ `• ~~~s~. ~ .. ' STATES QF tOAHO j COUNTY OF AOA) ss- t i On this 7 day of ~i ~d~ , ~ ggg, p~,Fo~ rroe, the ~ , • ~rslgneal, a Notary Public irf and for said Stafe, persanally appeared BRUCE E ~ ~Uf~, known to the to be ilia managirtig member of CREEK; tDE DEVEtOpNIENT, ~ iltniled liability coaripany that executed bee foregoing instrvrnent, and aclmowiedgE , so rrte that the iirnited aisti~ity voanpariy executed the same; 6N V4~TNESS WHEREOF, f i'tave hereunto set rtfy hand and 'bcecf sny Qf#icial ~, the da~r and year' in this cert-ficate first above w+~teri. .•~ .7 ~GA~ ~'i' ~~'F'9'~.~' ~ mil' ,. - ~ s ~~• ~,~ ~ nary P~blicfor Idaho ~~ }'~1I31.1G ~ y~ Residing Et ,fit ~_____~. ~d.s~,,..°.~~,~~' ~y CQPYIII'tiSSiflf~ 4'7413f!"~5:~ ! ~3~-"~ ../ ~I~UM TD d.IC~hISE AGE~t~IRENdT - PAGi= 3 ~ ~ `• • NOU 22 ' % 06 43 PAGE.05 NOV-22-1996 0?~38 FROM TO MERIDIAN CITY P.06 . 4. ~:icensee shall submit to fhe Qisbir,~'s water $ ~,. plans as the grater uperirttsn '~t suc~'y ~nsttuc(~ super~tendent may request and a(i find wcf ~ 'haii he subject to final approval by the water supetintendenL 5. This ag~'eemertt sQtatF bind the taarties hereto and tfte+r . ~ , P~n~l ~ese~tlw+es, ~uccessars ar:q assigns. ~ec~e heFrs, 1N WITIVESB WI~tEREbF, dfie District has hereunto cause s co to be sttbscri tyy atfiCers first hereunto duly authtxi2ed rpord~be name Direstors and the Licensee has hereunto su by res } Lion of its ~art~ o¢ hereunto caused iCs cx~ bscribed his name, c a ~rpor~tior~, has thet+eto, a!t as of the rpora~ name to be subscr~bsd and its s~ ~ `~ ~e affixed day and year heresn first above writt+~, i ~A141PA ~ iUtERdd~1AN IRRIGAZ"t ~iSTRJCT i . • gY_ ,,r • ,: - ~s ~ ~. y ~, ~ its RrE yet '~ t ~ r"s ~' <<: !, . ~. . n~A ~ i ~y~;~ CRlEKSt1~E ©1ELC><PNiEPIT, a ~ te~9 liability oaranpar~y Ic ~ ~.. c,~e 8o arm 'n9 me ~ENDUM 7o UCF..~SE AGR~ERilE~dT - PfdGE ~ NOU 22 '96 06 43 er f TOTAL P.06 PAGE.06 0 ~ z - 1 1~~~ CdTY OF ~~E~~~I~iJ - ~ & ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 30 September 1996 Jim Merkle Hubble Engineering, lnc. 9550 Bethe/ Court Boise; /D 83709 RE.• Finch Creek Pressure System Dear Jim: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian lrrigation System has reviewed the p/ans for the above mentioned project and reviewed part of the instal/ation. The District will need to see detailed p/ans on the pump installation as we// as having a signed contract with the deve/oiler -for Nampa & Meridian lrrigation District to take over the operation and maintenance. By postponing signing the contract and se/ling homes, it will make it more difficu/t for the District to comp/ete the necessary contract after the fact. P/ease fee/ free to contact me if you fee/ further discussion is required. Sincerely, John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGAT/ON D/STRICT JPA: dln pc: File Each Director Secretary-Treasurer Asst. Water Superintendent ,~erty of Meridian Sharp & Smith lnc. -John Sharp Attorney -Laura Burri Pressure lrrigation Specialist -Ted Clinton APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 08i09i96 14:51 X12083424657 RINGERT CLARK RI~TC ERT ~ CLARK CHART LAWYERS FlICBIMILS TRANS)s[IBBIODi DATE: LCN1ra G t~Nnl Jrttrra• R, lyul~mnln~ D. CAev C1iJAc ~1k1Ylcl J. OCANIIIP. ~alnr.YC O. F1JreY Dcn•M narmlemwsl Mlfryln b. JIMMY Jnrnes P Keuln-ari lAlYlf!S O. 8010 WlNlpfll F, RMUICM OI.IIR'~ V .'SK'CII;Y III .VIYrI l YWC011NY yirnuco Kaulman I ~ ~] r- t 0991 August 9, 1996 The transmission that follows totalsll6 pages, including this cov®rsheet. Please immediately deliver the following pages to: NAME: STEVE PEARSON FIRM: NAMPA CITY CITY: NAMPA FAX N0: 887-4813 This transmission is being sent by: ~1001i011 ~~~ ~~~ NAME: DAN STEENSON FIRM: Ringert Clark Chartered 455 South Third Street, P.O. Box 2773 Boise, Idaho 83701-2773 FAX NO: (208) 342-4657 MESSAGE: HARD COPY WILL WILL NOT X FOLLOW THE INFORI~lATION CONTAINED IN THIS FACSIMILE MESSAGE ZS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INT$NDBD ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE. IP THa READER OS THIS MESSAGE IS NOT TH8 INTENDEp RECIPIENT, OR THE ZMPLOY$E OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DZSSEKZNATION, DI5TRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION ZN ERROR, PLEASH IMDlEDIATELY NOTIFY ANITA LIDDIARD BY TELEPHONE (208) 3d2-0591. THANK YOU. 4ai Soufi Third Sirrei . I'.O. BOx 2773 • [3~~isC, Idc~hc> A37o t . 2o8/34Z-iG9 i r•Ax 342-4FiST AUG 09 '96 15 43 12083424657 PAGE.01 08i09i96 14:51 X12083424657 RINGERT CLARK ~ ~ f~j 0021011, L CENSE AGREEMENT, made and entered into this ~~ day of , 1996, by and between NAMPA & MERIDIAN IRRIGATION DISTRI T, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and SCOTT REECE, an individual, 7240 Lattigo Drive, Nampa, Idaho 83687 party or parties of the second part, hereinafter referred to as the "Licensee", WTT~IES~.ETH: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, .the District owns the irrigation ditch or canal known as FINCH LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with an easement therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes, and which ditch or canal and said easements therefor cross said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: LICBNSS AGREEMENT - page 1 AUG 09 '96 15 44 1208342465? PAGE.02 08/09/96 14:52 X12083424657 RINGERT CLARK @10031011 .~. ~/ 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe on the Licensee's property, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee) shall be constructed, installed, operated, and maintained at all times by the Licensee and at the cost and expense of the Licensee_ 4. The Licensee agrees to construct, install, operate, and maintain each facility in a safe manner and condition so that it will not constitute or cause a hazard to any person or property. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard or unsafe condition in or arising from the construction, installation, operation, and maintenance of such facility. 5. The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the flow of irrigation water in said ditch or canal or the delivery of irrigation water by the District. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any impairment of the flow or delivery of irrigation water in said ditch or canal which may be caused by the construction, installation, operation, or maintenance, and any use or condition of any facility. 6. The Licensee agrees co construct, install, operate, and maintain each facility in a manner that will not cause an increase in seepage or any other increase in the Loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee agrees to indemnify, hold harmless, and defend the LICENSE AGREEMENT - Page 2 AUG 09 '96 15 44 1208342465? PAGE.03 08i09i96 14:53 X12083424657 RINGERT CLARK out of any increase In damages arising subsidence of loss from the ditch er tonthe easement .and ~rict from all claims for damag construction, page or other water anY beher the easement °r caused by 1 in the which ~Y and any use or condition igation works and maintenance, ;tallation, operation, any f acilitY• easement by the alteration of the District's the District's Any ro erty adjoining the ?' but not limited to, and any alteration of P P maintained in a manner censee, Licensee, including, sement by the shall be performed and other increase in of soil, a e or any sidence of soil .cavation increase in seep 9 the sub and -at will not cause an the ditch or canal, the easement of water from or any other damage rovide the District 1e loss shall P thin the easement, Licensee identified in works. The such alteration not hold harmless, crigation indeit-nify, out of ~asonab1e prior notice of anY rees to es arising reement. The Licensee ag claims for damag ditch or his a9 pistrict from other water loss from the nd defend theirs seepage or or any other dama9ethe increase may be caused by of soil in the easement, of any nanal~ subsidence ation works which condition, and irrig and any use or alteration of :he easement maintenance, and any ~erforcr-anCe and easement by the Licensee, t adj the easement by the Licensee. alteration of the proper Y oining ht, at the District's the rig to reserves b the Licensee and g. The District installed Y, or canal and an facility f said ditch terms of this option, to remove Y the Licensee o with the repair any alteration hich does not comPlCO the flow of water in the easement therefor i edimenC hazard cau~od the and to remove anY ~ rees to pay agreement, canal and any unsafe condition or ended said ditch or time, and the Licensee a9 1 exp at anY shall fail in the Licensee, mand, the costs which shall LeCensee Y then the on de u ores. If the District, repair such facility, by the District for such~B n^pain and i airing or in any~-ise respect to properly and without ~ shall have the any at its option, hereunder,repairs and the District, hts and remedies d cost or affecting its other rig maintenance an the the erfoxm the necessary on demand, right to P to pay to the Distre~ended or incurred by Licensee agrees reasonably Shall give reasonable which shall be The District erf orming such e~ense u oses . for such p rp rior to the District's District Licensee P t that in cases of emergnder notice to the work excep repair or of Ce ~o give such notice h shalln~ eats or maintenance, aragrap third party the District shall at N ~ ins ~n this P or any of any kind by Licensee tions stated in the circumstances. ess and ort any claim exercise thel°old harml. suPp the District fox failure to indemnify, p~strict against and Licensee s claims made against the except this paragraph, from anY of this paragraph the defend the District to the terms fault of out of or relating out of the negligence or arising solely for claims arising District. LICENSE AGREEMENT - page 3 I ~ 0041011 l AUG 09 '96 15=45 12083424657 PAGE.04 08i09i96 14:53 X12083424657 RINGERT CLARK \.. `.~r ~ 0051011 9. The Licensee agrees that the work performed and the materials used in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. The Licensee understands and agrees that Licensee has no right to drain or waste into said ditch or canal more surface or ground water than drains or wastes from said property in its present state or condition (predevelopment flow). The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surface or ground water to drain or waste into said facilities of the District unless the Licensee shall have (1) obtained all necessary rights of way or easements for the draining or wasting of such additional water and (2) created the necessary additional carrying capacity in the ditches, pipelines or other facilities through which such additional water is to be carried and (3) complied with all statutes, regulations, ordinances, and other laws regarding the discharge of drainage or waste. water fifers surface streams, whether natural or artificial, and into aqu or other bodies of ground water and (4) removed all pollutants, contaminants, debris and other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the event of any dispute as to the source of such pollutants, contaminants, debris or other foreign material, the burden shall be upon the Licensee to show that the pollutants, contaminants, debris or foreign material does not come from the Licensee's said property. The Licensee expressly agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such LICENSE AGREEMbNT - Page 4 AUG 09 '96 15 46 12083424657 PAGE.05 08i09i96 14:54 $12083424657 R(NCERT CLARK I~j006i011 ~ ~ additional water from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainage or wasting. 12. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 13. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 14. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 15. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. LICENSE AGREEMENT - Qage 5 AUG 09 '96 15:4? 1208342465? PAGE.06 I 08i09i96 14:55 X12083424657 RINGERT CLARK 1~1007i011 ~ ~ 16. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the teams hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 17. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 18. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 19. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all 6persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: n i~ i ` ~~" Its Secretary LICEN S REECE LICENSE AGREEMENT - Page 6 AUG 09 '96 1547 1208342465? PAGE.O? 08i09i96 14:55 $12083424657 RINGERT CLARK ~1008i011 ~ ~.r- STATE OF IDAHO ) ~ ss: County of Canyon~,,c/ ) On this ll"~- day of -~ 1996, before me, the undersigned a Nota Public i and for aid S t , personally appeared and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, official seal ~~~"eaije~ written. ~~•`~~A N;~~O '•, ~. 'ZV- 1tiA~BLtC,,' O~; •~~.fT'~.....• ~.~rr' STATE OF IDAH~.,~g ~~..}9''~ County of Ada ) Notary Public for I aho Residing at Nampa, Idaho My Cotmmission Expires :,, ~~~1~ On this ~~ day of 't 1996, before me, the undersigned, a Notary Public in nd for said State, personally appeared SCOTT REELS known to me to be the individual that executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~ Notary P lic for Idaho Residing at Boise, Idah ~ My COttsnis3lon Sxpiree Lot 11, Block 2 of Finch Creek Subdivision according to the official plat thereof filed in the records of Ada County, Idaho. LICENSfi AGREEP7ENT - Page 7 I have hereunto set my hand and affixed my and year in this certificate first above AUG 09 '96 15 48 12083424657 PAGE.08 08/09/96 14:56 $12083424657 ~... RINGERT CLARK g ~r ' J ~ ~ ~ _ - •~ '~w~y' 7 ty ~ (~ ~ W ` n fl n __ 0 It O v~ `~ rR~ Y •aw• r ',~ Olt. PLAT SHOWING ~ U CR~'.~.K^ SUBDIVISION ~F GOVERNMENT LOT 2, NE1 /4, SECTION 6, T.3N., R.IE., B.M., MERIDIAN, AAA COUNTY, IDAHO 1995 `'- ~ • HUBBI.E ENGINEERING, INC. • ~ , BOISE, IDAHO 9AS<1 OF BLWwG .. ~-. ~. ~ •• ~ ~• •K+ ® I - - - - - .,ti+.•- - ~ e urnoc Row _ ~~~..- l~tE, l-.-i_ ~_ at ~ e,p.-.. I ~ ( M ~ , ~rr L~ ~. ~. ., 1.. :::,s na • r E . . . . 1 ~'~ '.ice MNIaN ~~ .1, b ! ~ ~ •r' •V 3 ~ . Mt Rf WI ~ ,J ' •• • • •r, .•Of tR ~ ~ ' M 1t ~ i L .~ O IFU'I~d FwW y `'r , ~~ ~ o a got wd ~ ~ ~' ~~a/m.aw' ~ LWE OATti OY N'cQ' F ° le~sr • eFYe~_ ^ : ai.r c O ml ruue~la~ .owlF~lr ~ f • 1. ; <1° t-.' _ _ _ ~~'~ TN L SL wr av~ww v.aass GIFI]f. r4L RII"f •t vOtl.R ,.• ~ ~nrv • •aw 1~ _ ___ ~ ~M' ~ ° K ~~IY fA01K tO LO7 C011NOt _ ~ < Y - ~ KM ` A I l 4 , o, r. r ~ .ur l l " ~ ~r [ 1 f•IY iril' A ~w~~ ~ ~ ~~2 T R A C T ! U 9 0 1 V I S I O N N 0. 4 EXHIBIT B s or~• .al• ~ ~.aaww ~M Mw. ~ r,•,w AUG 09 '96 15 49 ,~ Y ( V _ ~ I - W ~ Q ., u ,„ ~ •~~ ~ a ~T' ~ _ ~, < ° G~~ > O N 4 7C 00~~1 p/ lAt 1 K ~4 a•.Yr aw~o/ y . 0lVELOPER: .aE~c~vr eat ;uA-w ~S- us ~ 0091011 9~EET 1 Of 2 12083424657 PAGE.09 08/09/96 14:57 X12083424657 RINGERT CLARK or ~ I~j 0101011 The purpose of this License Agreement is to permit the Licensee to construct a portion of a residence, specifically portions of a driveway, garage, and patio, within a portion of ehe District's easement for the Finch Lateral, within the property of the Licensee in Finch Creek Subdivision, located west of the intersection of North Locust Grove Road and East Ustick Road in Meridian, Ada County, Idaho. a. Construction shall be constructed in accordance with certain plans attached hereto as Exhibit D-1 and by this reference made a part hereof. b. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. The District's easement along this section of the Finch Lateral is 80 feet, 40 feet on either side of centerline. LICENSE AGRFEMSNT - Page 8 AUG 09 '96 15 49 12083424657 PAGE.10 08/09/96 14:5 ~ 120834 . ~, W O' ~J ~ " C~ . W L7 C/7 ~ . J • ~ RINGERT CLARK ~ \ ~`• =~ \ ~ . @10111011 ~\ . .. . .. - ~ _ ~ = a .`Q . .. ~ h O' O :." ~V ~ I • : ~ .. . L.'. .. ,~ C 5 ~yryry . ~ f~ ~~~r ` ~~ ~ ~ ~ ~ J~ ~. / ~~ ~ ~~ l ... ~ E10;IBIT D-1 AUG 09 '96 15 50 12083424657 PAGE. 11 MERIDIAN CITY COUNCIL MEETING: MARCH 19 1996 APPLICANT: ITEM NUMBER; 21 REQUEST; REQUEST TO REVOKE FINCH CREEK NON-DEVELOPMENT AGREEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: ~ ~ ~ l rk ~ CITY PLANNING DIRECTOR: ~;~ CITY ATTORNEY: CITY POLICE DEPT: " CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. CREEKSIDE DEVELOPMENT LLC 38 E. ADA ST. MERIDIAN, ID 83642 Telephone 884-1092 Fax 884-1094 March 11, 1996 N~~R 1 ~ 1 Will Berg City of Meridian 33 E. Idaho Meridian ID 83642 Dear Will, ._ __ __ ,.. Creekside Development is preparing to begin construction of Finch Creek Subdivision Phase II and we have anon-development agreement with the City of Meridian for that phase. We are requesting that you begin the process to revoke that non-development - agreement. _~ . yrv ,_ ~~~afixially vi+e would like to begin construction as soon as possible so your quick response to this matter is greatly appreciated. Sincerely, r, MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER; 10 REQUEST; REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS r~ ~~ ~ ~~~ All Materials presented at public meetings shall become property of the City of Meridian. r . { CREEKSIDE DEVELOPMENT LLC 38 E. ADA ST. MERIDIAN, ID 83642 Telephone 884-1092 Fax 884-1094 February 27, 1996 Shari Stiles City of Meridian 33 E. Idaho St. 1LZeridiar., ID 83642 Dear Shari, We are requesting permission to the{pipe) the Onweiler Lateral before the official revoking of the Non development Agreement of Finch Creek Subdivision, Phase II. The reason we are seeking this permission is that the work has to be completed by March 15, 1996 and the Non Development Agreement can not be revoked by that time. We have talked to Nampa Meridian Irrigation District and ACRD and it is worked out with them. We appreciate your quick. response to this request. Sincerely, .~ Bruce Borup MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5.1995 APPLICANT: CREEKSIDE DEVELOPMENT ITEM NUMBER; 3 REQUEST; TABLED AUGUST 15 1995• NON-DEVELOPMENT AGREEMENT FOR FINCH CREEK 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~li~ i OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. CREEKSIDE DEVELOPMENT LLC 38 E. ADA ST. MERIDIAN, ID 83642 Telephone 884-1092 Fax 884-1094 August 29,1995 Meridian City Council 33 E. Idaho St. Meridian, ID 83642 Dear Sirs, ~~~~~~~ AUG 3 1 199 ~i ~ ®~ t~~I~~~~~ Creekside Development LLC understands the building market in the Meridian area to be slowing down some in 1995 and 1996. Therefore we have decided to develop and market Finch Creek Subdivision in two phases. Phase one is to have 15 building lots to be completed in the fall of 1995. Our plan is to start phase two when the majority of the lots in phase one are sold out, which we expect to be in the spring of 1996. Phase two will have 29 building lots. Sincerely, c~~~ Bruce Borup Creekside Development LLC WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor TO: William G. Berg, Jr., .City Clerk c=~`~ FROM: Shari L. Stiles, Planning, & Zoning Administrator DATE: October 2, 1995 SUBJECT: Finch Creek Bonding Requirements COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Creekside Development, by signature below, agrees to complete the non-combustible fencing and pedestrian walkways in accordance with City Ordinance and plans approved by the City of Meridian. As their letter of credit does not specifically identify required improvements, and the attached checks show payment for the majority of the pressurized irrigation, I believe their bonding requirements have been met. Please sign the plat once they have met your other requirements. Bruce Borup 184 CREEKSIDE DEVELOPMENT LLC J !!' 38 E. ADA ST. 208-884-1092 MERIDIAN, ID 83642 J ~: ~~ ~ 19 ~ ~. 92.151/1241 i~ TRO THE +, ~~ ORDER OF F ti Y'L ~ - ~' ~ ~ ~~j~ = = ~ ~~ _ _ / '~/ /=v ~ ~;~ 1 LLrC~ - L ~ / t.r*'+~-~-fJC.~ LC/L Z-~ 1L/~•,~ DOLLARS J ~~ ~ FARMERS & MERCHANTS STATE BANK = ~'~ MERIDIAN BRANCH P.O. BOX 328 MERIDIAN, 8)AllO 81642.0328 ~M ~._ // ~~ ~ ~iM FOR /Kt Sv/ r1Z'~ sal v~aG. ~'L~c~L-! ~ t,c~-~-' ----- -- -~~---- ; ~~ 11'00 L L8411' i; L 24 LO ~ 5 13~: 5004 256 yll'0 ~ e~'000 ~ 20355?BI' 1178 CREEKSIDE DEVELOPMENT LLC t 38 E. ADA ST. 208-884-1092 MERIDIAN, ID 83642 ~~ `/' C J * `'' ~Z 19~~ 92-151/1241 ~~` TPO THE ~ .~~Gy J ;~ ORDER OF' ~- G ~•+w~ Q ~ / ~~L~ ~1_ ^ W / <~ .--_-.`7 t-C,. / L tcty 1 Cam( z~e,.i~-c...~~-cam ~ ~u1. ~, ~ ~ ;~ ~dc~ -DOLLARS i FARMERS & MERCHAMS STATE BANK MERIDIAN BRANCH P.O. BOX 328 MERIDIAN, IDAHO 63642.0328 ', FOR 3"ct-i.~.c, i ~~ ~~ ~ ~ ~ ~ -, _ _ --~-r--- -- ~ 11' 0 0 L L 7 811' ~ • ~ -- - --- = - -`=~--------------- --~8 ~ .124LOLS13~. 5004256i110~ a 0002L734998 - - - s ~~~v __ _ ___ --- __ _._ .._____ ____._. - -A1J~r~±.-r_.. ~ 7 - ----~S.Z __.__- i __ __ _____ _. --- _ _ _ _ ___ X100 ~ ~~ __ _ ~~ _~..~~~-aa - _ _--- - --_---------- ----- d _____ ___ _ _ --_--- ____ _ __.__ ,3vQ--________ ___-_ - --___ _ _-------__. ~ _.. ___ - --- -.-- - ---- - ,r 2 s s _.__ _ _ ~.-,r- ---- . ~Lt.,,~. ~83~, - ----- 3 , --. , __~ --- ~ 3_- ~ - - _ __ ~- - 3 ~; ~ 3~ '' - --._ ~V E~kGG~ _I~W-~ 0~'t--~= 3, 3 t 78'3 BARRY A. GUNN CONSTRUCTION INC. 1157 E. McMILLAN MERIDIAN, ID 83642 (208) 884-2140 PHONE (208) 884-3402 FAX • B C orup onstrucion ~~ 9518 Fairview Boise Id. 83704 y ~~ ~~ ~ ~~ 1 Irrigation Installation Puug~ station box 1 Irrigation Installation 18" Gate 1 rigation Installation 9" pipe & Pumps InvoicE 6/13/95 2708 NCt ~O 3,000.^0 fi85.52 7,953.52 15 Water instalation service To Lots Grading ~ Leveling For Power Line 9 Grading ~ Leveling Dozer 3.5 Grading & Leveling 590 hauling dirt 9.5 Grading ~ Leveling Dump truck hauling 623.73 0.00 85.00 65.00 55.00 3,000.OC fi85.5:. 7,953.5_ 9, 355.9E O.OC 765.OC 227.5C 297.5: 11 1~9 °~ TOTAL S21,739.9~ BARRY A. GUNN CONSTRUCTION INC. 1157 E. McMILLAN MERIDIAN, ID 83642 (208) 884-2140 PHONE (208) 884-3402 FAX Invoice • 7/20/95 2711 BILLTO:. Borup Construction 9518 Fairview Boise Id. 83709 ~~~ ~~ PO. NUMBER' TERMS PROJECT 1,420 Ir=iydLion Installation 18 Irrigation Installation service to lots 1 Irrigation Head bm extra deep Oft 1 Canal crossing 1 pipe paid fir 8.05 164.85 725.94 356.40 -3,944.57 TOTAL 11,431.0 2, 96% .~U 725.44 356.90 -3,444.57 la,0ass' $12,035.57 BARRY A. GUNN CONSTRUC770N INC. 1157 E McMIL!_!AN RD. MERIDIAN ID. 83642 208-884-2140 FAX 208-884-3402 DATE 4/~g5 PAGE 1 TO: Bruce Borup SUBJECT Fnch Creek Sub Pressure Irrigation Phase I PR1CE AA (QUANITY DESCRIPTION UNiT PRiCc TOTAL 1 13871f Irri ation Mainline g,p $11.165.35 2 1 131Services Not includin Services oin to the ~ 5164.85 $2,143.05 i ;'west across ro a line into other Sub i 3 Cassin for canal Crossin I $356.40 4 1 1rri. anon Box and Pum Ass I $12.091.72) is is a note for Phase i onl S 7 I I -~~ - ~~~~ . ~~~~ ~z ~, :~ w. -, eID eY ~'"' _ `~ ;, ., ,-,-~. ,~_ TITLE (. ..-~ _~ 1 ~~.r~ FARMERS & MERCHANTS STATE BAN K IRREVOCABLE LETTER OF CREDIT Dated: September 14, 1995 Expiration Date: February 1, 1996 City of Meridian 33 E Idaho Meridian ID 83642 Dear Sirs: We hereby authorize you to draw on Farmers & Merchants State Bank, P.O. Box 328, 703E 1st Street, Meridian, Idaho 83680 (BANK) for account of Creekside Development L L C, 38 E Ada St., Meridian, Idaho 83642 (DEVELOPER) at sight up to the aggregate of 534,950.00 {U. S. Dollars) available by your draft(s) at sight, accompanied by a statement that the DEVELOPER has failed to perform or is in default. Finch Creek Subdivision Phase I {DEVELOPMENT) We hereby agree with drawers of draftts) drawn under this Irrevocable Letter of Credit that the same shall be duly honored at sight upon presentation to the BANK. Sincerely, John B. Fayie Vice President 703 E. 1ST, P.O. BOX 328 MERIDIAN, IDAHO 83642-0328 (208) 888-1416 ~'`, LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~ day of 1996, by and between NAMPA & MERIDIAN IRRIGATION DIST ICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CREEKSIDE DEVELOPMENT L.L.C., an Idaho limited liability company, 38 East Ada Street, Meridian, Idaho 83642 party or parties of the second part, hereinafter referred to as the "Licensee", W I T lv E ,~ ,~ E T H: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as ONWEILER LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with an easement therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes, and which ditch or canal and said easements therefor cross and intersect said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe on the Licensee's property, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee} shall be constructed, installed, operated, and maintained at all times by the Licensee and at the cost and expense of the Licensee. 4. The Licensee agrees to construct, install, operate, and maintain each facility in a safe manner and condition so that it will not constitute or cause a hazard to any person or property. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard or unsafe condition in or arising from the construction, installation, operation, and maintenance of such facility. 5. The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the flow of irrigation water in said ditch or canal or the delivery of irrigation water by the District. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any impairment of the flow or delivery of irrigation water in said ditch or canal which may be caused by the construction, installation, operation, or maintenance, and any use or condition of any facility. 6. The Licensee agrees to construct, install, operate, and maintain each facility in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or LICENSE AGREEMENT - Page 2 any other damage to the easement and irrigation works. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and .irrigation works which may be caused by the construction, installation, operation, and maintenance, and any use or condition of any facility. 7. Any alteration of the District's easement by the Licensee, and any alteration of property adjoining the District's easement by the Licensee, including, but not limited to, the excavation of soil, shall be performed and maintained in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee shall provide the District reasonable prior notice of any such alteration not identified in this agreement. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the performance and maintenance, and any use or condition, of any alteration of the easement by the Licensee, and any alteration of property adjoining the easement by the Licensee. 8. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing. in this paragraph shall create or support any claim of any .kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District LICENSE AGREEMENT - Page 3 arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. 9. The Licensee agrees that the work performed and the materials used in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the sail easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. The Licensee understands and agrees that Licensee has no right to drain or waste into said ditch or canal more surface or ground water than drains or wastes from said property in its present state or condition (predevelopment flow). The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surface or ground water to drain or waste into said facilities of the District unless the Licensee shall have (1) obtained all necessary rights of way or easements for the draining or wasting of such additional water and (2) created the necessary additional carrying capacity in the ditches, pipelines or other facilities through which such additional water is to be carried and (3) complied with all statutes, regulations, ordinances, and other laws regarding the discharge of drainage or waste. water into surface streams, whether natural or artificial, and into aquifers or other bodies of ground water and (4} removed all pollutants, contaminants, debris and. other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the event of any dispute as to the source of such pollutants, contaminants, debris or other foreign material, the burden shall be upon the Licensee to show that the pollutants, contaminants, debris or foreign material does not come from the Licensee's said property. The Licensee expressly agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the LICENSE AGREEMENT - Page 4 District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water .from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainage or wasting. 12. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to,and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 13. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 14. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 15. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee LICENSE AGREEMENT - Page 5 and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 16. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 17. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 18. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 19. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 6 CREEKSIDE DEVELOPMENT L.L.C., an Idaho limited liability company By ana ng Partner STATE OF IDAHO ~ ss: County of Canyon ) '~. 1996, before me, the On this day of undersigne , a Nota ubl'c in and fo said S ate, personally appeared _ n , ~ _ ~ nd L/~~ ~ known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , thg~~~~l~a~ and year in this certificate f first above written. ~•`~o~P p, ~o.,~~, ~'~~'~GT`~R.f- ~~~,~ Notary Public for Idaho • Residing at Nampa, Idaho _ My Commission Expires: %~ ~.pUBL1~;s0: ,~ . STATE OF IDAI~-iQgT$ pg)19~.•`~~, County of Ada ) On this J ~~-t day of ~ ` 1996, before me, the undersigned, a Notary Public in an for said State, personally appeared Bruce Borup, known to me to be the Managing Partner of CREEKSIDE DEVELOPMENT L.L.C., the Idaho limited liability company that executed the foregoing instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. • ~J W~/C~.~ - Notary Public for Idaho Residing at Boise, Idaho My Commission Expires : I Z "9 `~U LICENSE AGREEMENT - Page 7 ,~,. 1 ? ~ ° ,+ 1 :l GwG~N~rt. 32s 9~0 3etnei Court a Boise, Idaho 837 Ty O - suRV Ey Project No. 93158 Revised peczmber 7, 1994 DESCRIPTION FOR F1NCI~f CREEK SUBDIVISION CRE1=1{SiDE DEVELOPMENT A PORTION OF GOVERNMENT LOT 2, NE1la, SECTION 6, T.3N., R.'t E., B.M., MErZ• 1D1AN, ADA COt3NTY, IDAHO A parcel of land being a portion of Government Lot Z of the NE1/4 of Section e, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and rriore particuiariy described as follows; Commencing at the brass cap marking d theesa~d Section 6;mmon to Sections 31 and 32, T.4N., R.1 E., B.M., and Section 5 #hence North 89°46'40" West 1,324.76 feet along the Northerly boundary of the said NE1I4 of Secson 6, which is also the .centerline .of East Ustick ~ Road and the as filed for record in the of~cice of the Northerly boundary of Howell Tract Subdivision, Ada County Recorder, Boise, fdaho in Book 64~ of Plats at pages 6572 and 6573 to an iron pin marfcing the Northwest comer of the said H~ wo{ is~,o Ss bdivision, which is also the Northeast comer of the said Govemment Lot thence South 0°22'17" West 449.18 feet along they Westerly boundary of~the said Howell Tract Subdivision, which is also the Eas sa bo ~~d~ ~9 the REAL POINT 4F Lot 2 of Section 6 to a~ 2-inch galvanized pipe, po BEGINNING (INITIAL POINT); . thence along the following courses and distances to iron pins: continuing South 0°22'1T'West 837.16 feet along the said Westeciy boundary of Flowell Tract Subdivision and the Westerly boundarye f Boisealdaho n 8ookryi of Plats filed for record in the ofifice of the Ada County Record at pages _ and _ to a point marking the .Southeast comer of the said Govemment Lot 2 of Section 5, which is also the Northeast tamer o Boise, Sda~hovin oBook 4, of Plats atr record in the office of the Ada County Recorder, Pages ._. and _,.; ~ - thence South 89°37'30"West 1,324.16 feet along the Southerly boundary of the which is also the Northerty boundary of the said said Govemment Lot 2 of Section 6, Tract Subdivision No. 4 to a point marking the Southwest tamer of the said Govemment Lot 2 of Section 6; Page 1 of 2 EXHIBIT A 1_ ~- ~... Revised Mays~ 11, 19°4 ¢~„LQr~', i g ~ ~4-f Prcject No. 93158 thence North•0°20'24"East 666.84 feet tformerly desconpSe~on S h X9.29 fe°t} along the Westerly boundary of the said Government Lot 2 hence South 62°39'43" East 215.39 feet (formerly descnged as South 63°04' t East 206.35 feet}; , • • thence North 86 ° 18'53"East 125.14 feet (formerly described as North 86°03' East 125 feet); thence South 63°17'22" East 140.07 feat (formerly described as South 63°38' East 140 feet}; . tfience South 36°03'56" East 200.16 feat (formerly described as South 36°24' East 201 feet); . thence South 54°45'53" East 104.10 feet (formerly described as South 55°09' East 100 feet}; thence Nortfi 89 °57'20" East 186.07 feet (formerly descnbed as North 89 °35' East 186 feet}; . ~ . ence North 61°24'23"East 81.67 feet (formerly described as North 81 ° 08' East); th thence North 85°34'05" East '108.34 feet; thence North 79°46'06" East 171.62 feet; . thence North 0°22'17"East 484.95 feet along a lineon estertY of and parapet with the said Easterfi/ boundary of Govemrent Lot 2 of Sects , .. a Line Southerly of and parallel thence Souk 88 ~ ndary of the NE1/4 of ~n9 6 to the point of beginning, with the sand Northerly corrtprising 14.55 acres. mote or Less. ~43~ a~ D. Terry Peugh, P.LS. J C 1t/UpTp/vw1496.des page Z of Z • ~~ >r ~• ' r.. l.f~ ~~ ~ t • ~~ .• ~ i , i .. •. . .. - ` :. } ~ .. ~ ~ t~`~~r+'SYl'~n`„'S," ~ '~• tr'- ` "fie ~L.' j y ~•1 a A.~ era ti v~~ ~ ~ J i1' .. r r = - Y 1 ~ S'' ~,~~~'~~• ~ _ .J ty~~~'YtJt .. ... ~~~41t~.'. Wit. '. Z7 AWE f' f f At. ~f+~-L ~~ ~g'~x~".' _ Sf~t ¢i~ 3r?K I.w~.,~,.f j3~~...~~i~y~y. f .~~r I , sY ) - ~1'/1G_ ~ ~'f::~'~tidx~J2: 1~e `7, J X77 ~' I ' i.t ~~ ~ .. , a I A,~ •'; ty ' F '•»' • T• .,o., .i ,••l, ~, ,t, '~ .i' ~~ x, EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to construct a fence within a portion of the District's easement for the Onweiler Lateral in or near Finch Creek Subdivision located west of the intersection of North Locust Grove Road and East Ustick Road in Meridian, Ada County, Idaho. EXHIBIT D ~gP~ial Conditions a. Construction shall be in accordance with Exhibit D-1 attached hereto and by this reference made a part hereof. b. The fence shall be constructed of chain link. The following shall apply if the fence erected is now or in the future in whole or in part constructed of wood: Because of the location of the fence and the fact that the fence will be constructed wholly or partly of wood, the District shall not be responsible for weed control in the area of the fence. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. c. Licensee shall place no structures or landscaping of any kind above ground on the District's easement areas except as referred to in this agreement or exhibits hereto without the prior written consent of the District. d. Construction shall be completed not later than June 30, 1996. Time is of the essence. LICENSE AGREEMENT - Page 8 c w . LINE DATi4: LINE DIRECTI~i DISTANCE L-1 S 16.55'32' E 40.27' L-2 S 64'20'58' E 40.36' L-3 N 64'20'58' V 40.36' L-4 S 64.27'38' E 40.37' L-5 S 71'43'17' E 49.75' L-6 = N 17'48'19' V 41.93' L-7' S 87.59'02' Y 28.95' L-8 S 85'47'14' V 79.41' L-9 -- -.N-36.24'40• V 178.38' L 10 ~ N.62.45'10' V 73.65' t 11 -~ -~-•-°S.- 87' I>1' 02' V _ 60.13' t 12 r "'-.N 67.58'16' V 53.46' 1-13 N 5737'38' M 89.26' L-14 S 11.29'04' E 27.14' L-15 N 53'07'31' V 75.47' UNPLATTED 113.51' ~~ N 8937'43' W .., o _ 4 Y ~~ .... r! ! n 5 0' c N ...1 o ~ ..1 ~ - _ _ W _ ~ ~ o ' 1 ~:,~ -- _ 1 " ~~~ pa =`- - o~Y o ~3_W o 138.51' ~ E~~ ~ ~ ~ ~~ 100') ~. 3' E E 1867 x7'20' E RIVE! S 75'50'21' W ~~ ~ 25.83' P W ~- c-6 WAY ~ lsls7• h '6. ~ '~ /-- - 1 •243.9,: o _ . 173.93' .5.56' s' Y W _W U ~~ _ ~R. E, C0L3GAR ~CRF~ ~ ~ r '~' .~ s O ~ U SE CORNER GOVT LOT 2 NE CORNER TRACT SUBDIYISTON N0. 4 SIGN N 0 . 4 DEVELOPER: LJQEElrS~DE DEt~GD°itlE/VT BOISE. IDAHO 93-158 x - N S 89'46'40' E ~ ~ ° 163.51' a° 84'10'12' E ~ O 30.58' R1A ~, .-. -~ '~' .~ ~ V1 ..- -~- m 205' i`I' ©Q$T.~ _... - -- " ~ G 2515 TAIL- ~~ N 8937'43' W E,. ~~ ,~ . r• ~ - _ 89.86' ~ Gi ~~ ~- ~"~ V rg Q _ ~ _ _ -= ._ - __ - - . o ~ C-4 R14 -_ ~ ~ ~~ 10.86' ~ N 883743' w ~" EXHIBIT D-1 ^""-' "~ NON-DEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this _~ day of .52.P~ , 1995, by and between CREEKSIDE LIMITED LIABILITY COMPANY. whose address is 38 East Ada Street, Meridian. Idaho 83642. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS DEVELOPER, is currently the Owner of all real property and subdivision lots contained in ~ Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 19, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots") or more particularly described as follows: A parcel of land located in a portion of Government Lot 2, found in the NE 1/4, of Section 6, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the NE corner of said Section 6; thence North 89°46'40" West along the Section Line of said Section 6, 1324.76 feet to the NE corner of said Government Lot 2; thence leaving said Section Line South 00°22'17" West, 837.16 feet along the East line of said Government Lot 2 to the SE corner of said Government Lot 2; thence South 89°37'30" West along the South line of said Government Lot 2, 685.24 feet to the "Point of Beginning"; thence continuing South 89°37'30" West, 638.92 feet to the Southwest corner of said Government Lot 2; thence North 00°20'24" East, 666.84 feet along the West line of said Government Lot 2; thence South 62°39'43" East, 216.39 feet; thence North 86°18'53" East, 125.14 feet; thence South 63 ° 17'22" East, 140.07 feet' thence South 36°03'56" East, 200.16 feet; thence South 54°45'53" East, 100.10 feet; thence North 89°57'20" East, 186.07 feet; thence North 61°24'24" East, 61.67 feet; Q5UbJ2~)rl ,. , , hUi !! '95 CEP ll i=~~ - 1 ~ `iG ~'QO c FEE r ------_. thence North 85'34'05" East, 11.8a feet; thence South 17°56'57" West, 134.42 feet; thence South 33°21'08" West, 50.36 feet; thence South 42 ° 15'28" West, 58.16 feet; thence South 54°45'51" West, 184.42 feet to the Point of Beginning containing 8.74 acres, more or less. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: i DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to i~~stall any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY ~Nhich shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the ~ Development Agreement. , This agreement shall terminate on the 30th day of August 199; When this agreement terminates, Developer shall have one (1) Year to complete development; if development is not completed on the 30th day of August 199 8 ,approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. t IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the 5fti day of SePt-e~b~r, 1995, CREEKSIDE LIMITED LIABILITY COMPANY CITY OF MERIDIAN Keit Borup Grant P. King ''`~%,, Managing Member `,~~~~~~~'~ ~ ~~iq~%,~, ~~°R Teo STATE OF IDAHO ) ~E~I, County of Ada ) ;,, ~~ ,~ ~s~,, ~~~ \\,;, ~,,~~~ C.~UtvzY ~d\~~;, On this ~ day of ~ ,ewbw , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared KEITH BORUP, known or identified to me to be the Managing Member of Creekside Limited Liability Company, an Idaho Limited Liability Company, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ` ~~~~~G E L . G,9,.~~,. Q- ~'~,. ~' ~pS ARy (SEAL) = ~ '0 V ®~~G ~ ,r O ' ~~"'l~rE Of i~~~' ~~,. „~~~~~~, STATE OF IDAHO ) ss County of Ada ) ~ry Publi for Idaho siding at `r'``" Idaho Commission Expires: 08 oa On this ~`~ ,day of .Seo.4e~Le. , 1995 before me, the undersigned, a Notary Public in and far said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. q ~Q ~G? ~ Ry~~N (SEAI~~ g _ * av8 LAG ~'~' .,,s~4r f ©f i~~;~~,,. „~~~~~~- iding at ~je,-4 d; a Commission Expires: ~~ ~~ -- - -' /. °ti,.~- .~ ~. ~, d.Q,trt,Lr-p,~r- ~- - ~ T ~.~. -- _ _ -- - _ ~~. a.~.~t. ~~,~ F ---~ J~.T an,tr~itic. ' _ . .~~r~r,C,C _. ---- _ __~,~~.ca. __ /~ -- -_ ~ ~-... ~ !'6~+5 Gp'H, CREEKSIDE DEVELOPMENT LLC 38 E. ADA ST. MERIDIAN, ID 83642 Telephone 884-1092 Fax 884-1094 ~ ~~ ~ ~ V p~ `~-L~ - ~~~z ~ 3 , - ~f ~ ~sv~ ~1'~'~S.S~''/t ~ ~?~'/' ~ Gay ~~-a C~i t(}~ ~. ~/ ~ ~ ,~ / 7 ~ ,8 ~, ~~a /v "~ .~5~ 3~ ~~ J i ~! o~. :~ O ~ ~ c~ ~ W ~ W ~ ~ LL. ~ 0 Q ;~ . U W ~ Z t ,~ O .~ ~I~~ ~i F v ., O ~` v x ~i a ~~ .~ a .s .~ ~~ -~ ~~ ,~ d ~I~~~~ al ~~~ i ~~ ~~~ ~ ~~ U ~ ~ O m ~• ~ ~ ' ~~- 113MOM 1F33Y~ Y1Ipf10~ ~ NOISIAIp6fl>s l~vYl .~ ~ ~ y^ytt I • i i~l 1 lal R ~f 9~ li i~ i 1 11 ; . ~ ti~ ~~ ~ ~~ t ~~~ ~~~ ril ~ , M LZim ! ~ , tlr rr l .>ttzco _ W ~* ti i ~i nwc ~ ,w O ~ ' ,1 §hi~~ . • ~ G ~ ~ ~1 ~ r _ 1~ p O L O }~ Q I I Q =~ l~~sO 1 ~yj a ~~~ - ~, Y9- 3 1 1 yaw. ' • 1 ® ~ O~ . ~ « 1 ~j 1 ~°' s q i i~ ~ ~;s - ~ ~ ~ W O= +~ ` ~ r ~ 1 1 = - o z 1 v ~ -'" " ~ \ h W ~ ~ e N O ~ ~~ S ~~ ~ ~ \ ~ ~ ~ ~ ~4 =~om~ ~~ 1 $~j ~ ~~ c ~WC~WO ~ ® ~~ F,w+ ~~.Urnz ~~~ ~ I ar , ~~Z m m 1 ~ ~""~a"ti,~ f _ ~ I~~ "`~ H, Q m ~W ~ Q ~ ~ ~ o ~ ~ ~ ~~ ~~ ~~ww ~_ ~ ~ i p ~p O ~ Q I ~ z I ~ ~ ~ E E ~ ~6 ~ ® ~ ~ a ~ • ~ ~• I I I I 1 1 W ~~ '~ / ~ I tl I { I ~ G311v1~wn f b ,_~_ -_ ~ r ag :.~ '~~~~ k^~ fa ge-onn~-;tZr p rj. i • ~~~ ~~1~4 . ~~ .~ ~~~ ~ `~ ~ lea ~_ ' ~i :~ ~!~~ ~ ,~Y ~~ ~t ~ ~~~; ~;~ l~Y t~R~f ~~~~ *~ _ r ~, SE(' - ~ sSv~ CEO OF :sF~s} si~iid ry, ~ UBDIVISIOTi~ RESTRICZ1vE covENANTS SEP 1 9 199 ~ CITY OF MERIDIAN The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real. property to be subdivided and contained in a s~division to be known as FINCH CREEL{ Subdivision, a portion of Government Lot 2 of the N.E. 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada Courriy, Idaho. The Said FINCH CREEK Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. NOW TI~REFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and aze hereby made a part of all conveyances of all lots within the plat of FINCH C.'ZEEK Subdivision, recorded on the day of 1994, in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereunto as fiilly and with the same effect as if set forth at large therein. The following covenants shall nm with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after aU lots therein have been sold by Creekside Development, hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in the subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similaz in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City ordinances on set-backs aze met. Page 1 (3) The ground floor azea of the one-story house in this subdivision shall not be less than 1350 square feet on the ground floor excluding covered porch azeas, breezeways, garb or patios. Two-story and tri-level homes shall not have less than 1500 square feet, exclusive of the covered porches, entrances, garages or patios. (4) The design of each house in this subdivision shall include aesthetic qualities such as brick, stucco, or stone facings on the fi~ exposure, ba windo 12 it broken roof lines, gab p f~ y ~, roofs of at least 5 in P ~ les, hi roo etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. (5) No gravel roofs, or moving of pre-built homes into subdivision. (d) All lots shall be provided with a driveway containing a minimum square foots°e such drat two off-street automobile parking spaces are provided within the boundaries of each lot, (7) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars. (8) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (9) Fences shall not extend closer to any street than twenty feet (20), nor higher than six (6) feet without express approval of the Architectural Committee and Meridian City, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. All fence heights and locations must comply with Meridian City Ordinances. (10) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (11) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod or seed in front yazd, o~ flowering tree of at least 1 1/2" caliper, three (3) five gallon plants, and five (5) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yazd within six months of occupancy. Page 2 (12) Each home is to have aphoto-sensitive yard light installed such that the front yard area between the house and the front property line is illununated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (13) No residential building shall be moved onto the premises. (14) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (15) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or '= carried on nor shall anything be done or permitted in said subdivision which may be or - become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than fear (4) inches. (16) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household peas kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and/or cats or other pets may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Any other requests by lot purchasers must be approved by the Architectural Committee. (17) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oiI exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (18) Only two (2) outbuildings per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (19) Additional easements: In addition to any easements shown on the recorded plat, an additional five (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (19-A) Within these easements no structure, planting or .other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. Page 3 (19-B) The easement area of each lot and all improvements in it shall be maintained corrtirnrously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (20) This subdivision is within the Nampa Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for delivery of irrigation water to the individual lots. The actual operation and maintenance expense of said system is the obligation of the Nampa and Meridian Irrigation District as contained in the "Construction Cornract for Urban Irrigation System" contract betweea the Developer and the Nampa-Meridian Irrigation District. Lot owners and residents of this subdivision are advised that this system uses non-potable water and they need to take appropriate precautions. (21) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (22) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period of time following a sale. (23) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (24) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, such as a privacy fence, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (25) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. Page 4 (26) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. (2?) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof; after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenar~ in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made - with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (23) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending parry, shall be had by any property owners within said subdivision either at law or equity. In the event of judgment.against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (29) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Faihire by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (30) A committee of three persons shall act as an Architectural Design Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of arty proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof; they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. Approval by Architectural Committee- No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to the quality of workmanship and materials, harmo~ of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architecriuai Control Committee. Page 5 F`ctetior F'nich• The exterior of all construction on any lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architecturai Control Committee. Lys Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof; provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. _. - _ Nonwi~wer Consent by the Architectural Control Committee to any matter proposed to it ~znd within its jurisdiction under these covenants shall nc~ i be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. The committee shall consist of the following: J. Luis Rivera Bruce P. Borup Reed S. Borup 1135 E. Ustick Rd. 460 N. 26th St. 9697 Whirlaway Meridian, Idaho 83642 Boise, Idaho 83702 Boise, Idaho 83704 After the developer has sold all the lots in this subdivision, the Architectural Control Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (31) Finch Creek Homeowners Association will be formed to maintain the common easement lot, Lot 4 Block 2 and the sub-surface drainage disposal system, Lot 9 Block 4 in Finch Creek Subdivision. The Association has duties and obligations not covered in this declaration, and are set forth in the Articles and Bylaws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein becomes part of this Declaration. The Association has the authority to assess the Lots for the operation and maintenance of the above mentioned areas. (31-A) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot 'located within said property shall by virtue of such ownership, be a member of the Association. When more than one person holds such interest in nay occupied lot, all such persons shall be members. The foregoing is not intended to include. persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of a~ such lot subject to assessment by the Association. Page 6 Such ownership of any such lot shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. The financial mports, books and records of the Association may be e.Yamined, at reasonable times, by any member or mortgagee. (31-B) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote small be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association .has been notifie~t, in writing, of such provision. voting by proxy shall be permitted (31-C) Officers and Directors: The President, Vice President and Secretary shall also act as the 3 Directors until the first annual meeting of the Association, when three new Directors and Officers shall be elected as set forth herein. Until the first meeting the office=°s shall be: President: Vice President: Secretary: Reed Borup J. Luis Rivera Bruce Borup At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall represent a quonim as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event auy director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term (31-D) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate or transfer ail or any part of the common areas to any public entity, authority or ut~ity for such purposes and subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument ,signed by the Chairman and Secretary has been recorded in the appropriate county deed records, Page 7 agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) days prior to such dedication or transfer, and the Association shall have the right to suspend any voting rights for airy period during which any assessment against said member's property remains unpaid, and for a period not exceeding thirty (30) days for each infraction of its. published rules and regulations. Notwithstanding that the Association is obligated to maintain the common area and facilities contained therein as defined herein and within the Articles of Incorporation of the Association, it is hereby provided that Ada County Highway District, ACRD, may elect to maintain any part of facility of the common area defined herein should the Association fail to maintain same. In the event thwt ACID determines, in its sole discretion, that the A.S°~ociation is not adequately maintaining the defined common azea or facility, ACID determines, in its sole iscretion, ACID shall before undertaking maintenance of said common area, provide 'tten notice of its intention to begin maintenance of the defined common azea or facility within a thirty (30) day period, within which time frame the Association may undertake to O ~ initiate and conclude all maintenance defects as identified by ACFID. In the event that the Association shall fail to commence and conclude maintenance of the defined common area or facility to the extent said items of specific maintenance are identified by ACI-ID with the prescribed thirty (30) day, then in that event, ACID may begin to undertake maintenance of the defined common area of facility. ACFID is hereby granted an irrevocable license and easement to enter upon any portion of the common azea to perform inspection and maintenance. Should ACRD engage in maintenance of the defined common area or facility after having provided notice to the Association and having provided an opportunity to undertake said maintenance, the ACRD shall be entitled to an empowered to file a taxable lien against all lots within Finch Creek subdivision with power of sale as to each and every lot in order to secure payment of any and all assessments ~ levied against all lots in Finch Creek Subdivision pursuant to the Master Declaration, together with Interest at the rate which accrues on judgments thereon and all costs of collection which maybe paid or incurred by ACID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from ACI-ID. The Association and all lot owners by accepting title to a lot agree that all lot owners within Finch Creek Subdivision are benefited property owners for purposes of the section. (31-E) Each owner of arty lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other comreyance or agreement for conveyazrce, is deeded to covenant and agree to pay Page 8 the Association (1) regular annual or other re 2 gular periodic assessments or charges, and () special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The specie! assessments, together with such interest thereon and cost of collection t~hereoi; as /~' hereinafter provided shall be a charge on the land and shall be a continuing lien upon the (/ property against which such a;ss;essment is made. Each such assessment, together with such interest, costs and reasonable alto s f the Person who was the owner of such ~ ~' shall also be the personal obligation of The obli P party at the time such assessment was levied. gation shall remain a lien on the property until paid or foreclosed, but shall not be a Personal obligation of successors in title unless expressly assumed. _ The assessments levied by the Association shall not be used for arty Purpose other than the -- improvement and maintenance of arty area designated as a Common Area. Subject to the above provisioq the Association Directors shall determine the use of assessmert proceeds. In addition to the regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part, the cost of anY construction or reconstructioq unexpected reparr or replacement of a capital improvement, provided the assent of atwo-thirds (Z3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both regular assessments and arty special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (31-F) At the first meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60%) of all votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. (31-G) Fees: All lots shall be subject to an initial set up fee of $100, th addition the annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. The board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessmem dates shall be established by the Board of Directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular lot have been paid. A reasonable charge may be made by the Board for -the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid, Page 9 (3I ITJ Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together, wrth interest, as aforesaid, which have become delinquent with respect to any lot on said Property, and upon payment in full thereof; shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which it is filed from the date the lien is filed in the office of the said County Recorder for Ada Courrty, Idaho, until the wine has been paid or released as herein provided. Such lien maybe enforced by said Association in the manner provided by law with respect to liens upon r~ai property. The owner of said property as the time Baia assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time. such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. (3 i-IJ The sale or transfer of any lot or any other part of said property shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the liming thereof. (31-n The following property subject to this Declaration shall be exempt from the assessments created herein: (31-J 1) All properties expressly dedicated to and accepted by a local public authority. (31-J-2) Any other properties owned by the Association. (31 K) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated e.1-penses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and .operation of common areas and improvements and may include, among other bungs, the costs of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities iricuired by the Association from a previous period, and the creation of any reasonable contingency or Page 10 other reserve fiord, as well as all costs and expenses relating to the common azeas and improvements. (31-L) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors of the Associaton shall become the Architectural Committee as rovided in Paragraph 30 upon the sale of the last lot ofFinch Creeds Subdivision. p . (31-11~The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as :cost to the Association. (32) Damage to Improvements: It shall be the responsibility of the builder of arty residency in this. subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation Imes rf any, and utilrty facilities free of damage and in good and sound condition at the conclusion of the construction period. Fore grading on each individual lot shall be required to confcrnr to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements aze in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of corrveyance or by date of possession, whichever date shall first occur, with notice addressed to a member of the Architectural Committee. (33) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force aad effect. Page 11 ~ ~ IN WITNESS WHEREOF, The undersigned being the Declarants herein, have hereunto set their hands and sealed this day of 1994. Keith S. Borup Reed S. Borup Bruce P. Borup Dean M Borup 7. Luis Rivera STATE OF IDAHO ) ss County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Keith S. Borup, Dean M. Borup, Reed S. Borup, J. Luis Rivera, and Bruce P. Borup, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN V~JITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho (SEAL) Residing at ,Idaho My Commission expires: Page 12 RUG-30-1995 14 25 RUBBLE ENGINEERING CR1~EK31DE DEVE~OPMI~NT LLC 38 E.'ADA SST. MERIDIAN, ID. 83642 Telephone 884-1092 Fax 884-1094 1 208 378 0329 P.01i01 August 29,1995 Meridian City Council 33 E. Idaho St. Meridian, ID 83642 Dear Sirs, Creekside Development LLC understands the building market in~ the Meridian area to be slowing down some in 1995 and .1996. Therefore we Have decided to develop and market Fiach~Creek Subdivision in two phases. Phase one is to have 15 building lots to be completed in the fall of 1995. Our plan is to start phase two when the majority of the lots in phase one are sold out, which we expect to be in the spring of 1996. Phase two will have 29 building lots. Sincerely, `~~ Bruce Borup Creekside Development LLC Post-It° Fax Note 7671 Dace ~ p~ee~ ~ To S From Co.lDept. Co. Phane # Phone # Faz # Fax # TOTAL P. 01 AUG 30 '95 14 22 1 208 378 0329 PAGE. 01 FINCH CREEK SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as FINCH CREEK Subdivision, a portion of the N 1/2 , of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The Said FINCH CREEK Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of FINCH CREEK Subdivision, recorded on the day of 1994, in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereunto as fully and with the same effect as if set forth at large therein. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Creekside Development, hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in the subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City ordinances on set-backs are met. Page 1 (3) The ground floor area of the one-story house in this subdivision shall not be less than 1350 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall not have less than 1500 square feet, exclusive of the covered porches, entrances, garages or patios. (4) The design of each house in this subdivision shall include aesthetic qualities such as brick, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. (5) No gravel roofs, or moving of pre-built homes into subdivision. (6) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (7) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars. (8) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (9) Fences shall not extend closer to any street than twenty feet (20), nor higher than six (6) feet without express approval of the Architectural Committee and Meridian City, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. All fence heights and locations must comply with Meridian City Ordinances. (10) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (11) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod or seed in front yard, one flowering tree of at least 1 1/2" caliper, three (3) five gallon plants, and five (5) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within six months of occupancy. Page 2 (12) Each home is to have aphoto-sensitive yard light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (13) No residential building shall be moved onto the premises (14) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (15) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (16) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and/or cats or other pets may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Any other requests by lot purchasers must be approved by the Architectural Committee. (17) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (18) Only two (2) outbuildings per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (19) Additional easements: In addition to any easements shown on the recorded plat, an additional five (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (19-A) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. Page 3 (19-B) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (20) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for delivery of irrigation water to the individual lots. The actual operation and maintenance expense of said system is the obligation of the lot owners, and Nampa- Meridian Irrigation District. (21) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (22) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period of time following a sale. (23) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (24) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, such as a privacy fence, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (25) No machinery, building equipment for material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (26) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. Page 4 (27) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (28) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, _shall be had by any property owners within said subdivision either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (29) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (30) A committee of three persons shall act as an Architectural Design Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. approval by r .hitPrt»ra1 o mittPP~ No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. Exterior Fi i h~ The exterior of all construction on ay lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. Page 5 Liam Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonw iver• Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. The committee shall consist of the following: J. Luis Rivera Bruce P. Borup Reed S. Borup 113 5 E. Ustick Rd. 460 N. 26th St. 9697 Whirlaway Meridian, Idaho 83642 Boise, Idaho 83702 Boise, Idaho 83704 After the developer has sold all the lots in this subdivision, the Architectural Control Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an over of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (31) Finch Creek Homeowners Association shall be formed to maintain the common easement lot, and the surface drainage disposal system in Finch Creek Subdivision. The Association has duties and obligations not covered in this declaration, and are set forth in the Articles and Bylaws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein becomes part of this Declaration. The Association has the authority to assess the lots for the operation and maintenance of the above mentioned areas; however, the Associati~, does not have any power to assess the residential lots of the subdivision for any other purpose whatsoever. (32) Damage to Improvements: It shall be the responsibility of the builder of any residency in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice addressed to a member of the Architectural Committee. (33) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. Page 6 ~cu~ ~.~ FINCH CREEK SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as FINCH CREEK Subdivision, a portion of the N 1/2 , of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The Said FINCH CREEK Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of FINCH CREEK Subdivision, recorded on the day of 1994, in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereunto as fully and with the same effect as if set forth at large therein. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Creekside Development, hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in the subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City ordinances on set-backs are met. Page 1 (3) The ground floor area of the one-story house in this subdivision shall not be less than 1350 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two-story and tri=level homes shall not have less than 1500 square feet, exclusive of the covered porches, entrances, garages or patios. (4) The design of each house in this subdivision shall include aesthetic qualities such as brick, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. (5) No gravel roofs, or moving of pre-built homes into subdivision. (6) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (7) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars. (8) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (9) Fences shall not extend closer to any street than twenty feet (20), nor higher than six (6) feet without express approval of the Architectural Committee and Meridian City, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. All fence heights and locations must comply with Meridian City Ordinances. (10) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (11) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod or seed in front yard, one flowering tree of at least 1 1/2" caliper, three (3) five gallon plants, and five (5) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within six months of occupancy. Page 2 (12) Each home is to have aphoto-sensitive yard light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (13) No residential building shall be moved onto the premises (14) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (15) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (16) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and/or cats or other pets may be kept at one time, except that a litter of young may be kept until eight (8} weeks old. Any other requests by lot purchasers must be approved by the Architectural Committee. (17) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (18) Only two (2) outbuildings per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (19) Additional easements: In addition to any easements shown on the recorded plat, an additional five (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (19-A) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. Page 3 (19-B) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (20) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for delivery of irrigation water to the individual lots. The actual operation and maintenance expense of said system is the obligation of the lot owners, and Nampa- Meridian Irrigation District. (21) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (22) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period of time following a sale. (23) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (24) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, such as a privacy fence, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (25) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (26) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. Page 4 (27) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (28) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (29) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (30) A committee of three persons shall act as an Architectural Design Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. ~12proval by rchitertnral o mittPP• No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. Exterior Fi i h• The exterior of all construction on ay lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. Page 5 LiabiliT Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonw 'ver• Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. The committee shall consist of the following: J. Luis Rivera Bruce P. Borup Reed S. Borup 1135 E. Ustick Rd. 460 N. 26th St. 9697 Whirlaway Meridian, Idaho 83642 Boise, Idaho 83702 Boise, Idaho 83704 After the developer has sold all the lots in this subdivision, the Architectural Control Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (31) Finch Creek Homeowners Association shall be formed to maintain the common easement lot, and the surface drainage disposal system in Finch Creek Subdivision. The Association has duties and obligations not covered in this declaration, and are set forth in the Articles and Bylaws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein becomes part of this Declaration. The Association has the authority to assess the lots for the operation and maintenance of the above mentioned areas. (32) Damage to Improvements: It shall be the responsibility of the builder of any residency in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, with notice addressed to a member of the Architectural Committee. (33) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. Page 6 IN WITNESS WHEREOF, The undersigned being the Declarants herein, have hereunto set their hands and sealed this day of 1994. Keith S. Borup Dean M. Borup Reed S. Borup J. Luis Rivera Bruce P. Borup STATE OF IDAHO ) ss County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Keith S. Borup, Dean M. Borup, Reed S. Borup, J. Luis Rivera, and Bruce P. Borup, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho (SEAL) Residing at ,Idaho My Commission expires: Page 7 MERIDIAN CITY COUNCIL MEETING: AUGUiT 15 1995 APPLICANT: ITEM NUMBER; 20 REQUEST; NON-DEVELOPENT AGREEMENT FOR FINCH CREEK SUBDIVISION - 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: Materials presented at public meetings shall become property of the City of Meridian. NON-DEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this day of , 1995, by and between CREEKSIDE LIMITED LIABILITY COMPANY. whose address is 38 East Ada Street. Meridian. Idaho 83642. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in FINCH CREEK SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 19, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots") or more particularly described as follows: A parcel of land located in a portion of Government Lot 2, found in the NE 1/4, of Section 6, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the NE comer of said Section 6; thence North 89°46'40" West along the Section Line of said Section 6, 1324.76 feet to the NE corner of said Government Lot 2; thence leaving said Section Line South 00°22'17" West, 837.16 feet along the East line of said Government Lot 2 to the SE comer of said Government Lot 2; thence South 89°37'30" West along the South line of said Government Lot 2, 685.24 feet to the "Point of Beginning"; thence continuing South 89°37'30" West, 638.92 feet to the Southwest corner of said Government Lot 2; thence North 00°20'24" East, 666.84 feet along the West line of said Government Lot 2; thence South 62°39'43" East, 216.39 feet; thence North 86° 18'53" East, 125.] 4 feet; thence South 63 ° 17'22" East, 140.07 feet' thence South 36°03'56" East, 200.16 feet; thence South 54°45'53" East, 100.10 feet; thence North 89°57'20" East, 186.07 feet; thence North 61°24'24" East, 61.67 feet; thence North 85°34'05" East, 11.80 feet; thence South 17°56'57" West, 134.42 feet; thence South 33°21'08" West, 5036 feet; thence South 42° 15'28" West, 58.16 feet; thence South 54°45'51" West, 184.42 feet to the Point of Beginning containing 8.74 acres, more or less. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and spec cations. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing.. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 30th day of August 199; When this agreement terminates, Developer shall have one (11 Year to complete development; if development is not completed on the 30th -day of August , 199, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the day of , 199_ CREEKSIDE LIMITED LIABILITY COMPANY CITY OF MERIDIAN Keith Borup Managing Member STATE OF IDAHO ) ss County of Ada ) Grant P. Kingsford, Mayor On this day of , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared KEITH BORUP, known or identified to me to be the Managing Member of Creekside Limited Liability Company, an Idaho Limited Liability Company, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise. Idaho (SEAL) My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this day of , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at .Idaho (SEAL) My Commission Expires: This AGREEMENT, made and entered into this day of , 1995, by and between CREEKSIDE LIMITED LIABILITY COMPANY. whose address is 38 East Ada Street. Meridian. Idaho 83642. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in FINCH CREEK SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 19, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots"); NOW, THEREFORE, inconsideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 30th day of August 199; When this agreement terminates, Developer shall have one (11 Year to complete development; if development is not completed on the 30th day of August ,199., approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. ;~ P. u r~ l r•. :l ~: ~. i ~~ ~l V :,. 1 v a _ - - - ,~ ...~ .:. ,. .V ~.~, . :.~~.~ - - R ~ ~ Lu~ ! .i'I 1' ,.,. -, ~ ~ ~ V L i CITY ENGINEER LICENSE AGREEMENT r; ~;;,,,., _ . , . , (~rvtcr+ CYL~EK SH~gw~s,on LICENSE AGREEMENT, made and entered into this ~ day of D~~, 1994, by and between NAMPA &- MERIDIAN IRRIGATION ISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CREEKSIDE DEVELOPMENT, a limited liability partnership, 9518 Fairview Avenue, Boise, Idaho 83704 party or parties of the second part, hereinafter referred to as the "Licensee", W I T N E S S E T H: WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as FINCH LATERAL and ONWEILER LATERAL (hereinafter sometimes referred to as "ditch or canal") together with the easement therefor, including the easement to convey irrigation water in such ditch or canal and the easement to operate, maintain and repair such ditch or canal, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of the irrigation works and system of the District and which ditch or canal and the said easements therefor cross and intersect the real property described in Exhibit A; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's right of way along said ditch or canal in its course across the lands of the Licensee in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to alter, modify or LICENSE AGREEMENT - Page 1 change the location of said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any alteration, modification or change in location of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. Any facilities ("facilities" as used in this agreement means any kind of object or thing of any nature placed in or on the District's easement by Licensee) .constructed by the Licensee in altering, modifying or changing the location of said ditch or canal or placed as encroachments on the District's easement along said ditch or canal shall be constructed, maintained and kept in repair at all times by the Licensee and at the cost and expense of the Licensee. As to the pipe in Onweiler Lateral, the provisions of this section shall terminate and be of no effect upon expiration of three years from the date of this agreement. 3. The Licensee agrees to construct and maintain any facilities constructed by the Licensee in said ditch and canal or on the District's easement along said ditch or canal pursuant to this agreement in a safe condition to the end that the ditch or canal and such facilities shall not constitute a hazard to any person or persons, and to indemnify, hold harmless and defend the District from all claims for damages arising out of any hazard or negligence in the construction, operation, maintenance and repair of said facilities, the failure of the Licensee to keep such facilities in safe condition, or the creation of an unsafe condition as the result of the Licensee's altering, modifying or changing the location of said ditch or canal or the Licensee's installation of facilities upon the District's easement along said ditch or canal. As to the pipe in Onweiler Lateral, the provisions of this section shall terminate and be of no effect upon expiration of three years from the date of this agreement. 4. The alteration, modification or change in location of said ditch or canal or installation of facilities in the District's easement along said ditch or canal shall be accomplished by the Licensee at such times and in such seasons and in such manner as not to interrupt or interfere with the flow of irrigation water in said ditch or canal or with the delivery of irrigation water by the District to any of its landowners. 5. The Licensee agrees to indemnify, hold harmless and defend the District from all claims of any of its landowners for damages from the impairment of the flow of irrigation water in said ditch or canal which may be caused by said alteration, modification or change in location of said ditch or canal, or any use or condition of any such facilities constructed by the Licensee at any time, or from LICENSE AGREEMENT - Page 2 the impairment of the flow of irrigation water therein from the failure of the Licensee to maintain and keep in repair such facilities for the full flow of irrigation water through said ditch or canal. As to the pipe in Onweiler Lateral, the provisions of this section shall terminate and be of no effect upon expiration of three years from the date of this agreement. 6. The District reserves the right, at its option, to remove any impediment to the flow of water through said ditch or canal and any facilities installed therein by the Licensee, and to remove any hazards to person or property which may arise by reason of the alteration, modification or change in location made by the Licensee or by reason of installation of facilities on the District's right of way at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such altered, modified or relocated portion of said ditch or canal or such facilities, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder," shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. As to the pipe in Onweiler Lateral, the provisions of this section shall terminate and be of no effect upon expiration of three years from the date of this agreement. 7. The Licensee agrees that the work performed and the materials used in altering, modifying or changing the location of said ditch or canal or in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 8. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plants, structures or any other improvements of any kind or nature whatsoever which the Licensee shall place, raise, construct or install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said LICENSE AGREEMENT - Page 3 ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 9. The Licensee understands and agrees that it has no right to drain or waste into said facilities of the District more surface or ground water than drains or wastes from said property in its present state or condition except as in this- agreement provided. The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surface or ground water to drain or waste into said facilities-of the District unless the Licensee shall have (1) obtained all necessary rights of way or easements for the draining or wasting of such additional water and (2) created the necessary additional carrying capacity in the ditches, pipelines or other facilities through which such additional water is to be carried and (3) complied with all statutes, regulations, ordinances, and other laws regarding the discharge of drainage or waste water into surface streams, whether natural or artificial, and into aquifers or other bodies of ground water and (4 )" removed all debris and other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the event of any dispute as to the source of such debris or other foreign material, the burden shall be upon the Licensee to show that the debris or foreign material does not come from the Licensee's said property. The Licensee expressly agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainage or wasting. 10. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. 11. Licensee shall place no structures of any kind above ground on the District's easement area except as referred to in this agreement or exhibits or glans thereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, LICENSE AGREEMENT - Page 4 whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case. suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal-and all uses of said ditch or canal by the Licensee and any altered, modified or changed location of said ditch or canal and the license herein provided therefor shall remain inferior and subservient to the rights of the District ~to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and all structures in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and LICENSE AGREEMENT - Page 5 their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereunto caused its corporate name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its Board of Directors, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT BY /~ftJ Its President _ ..~:, AT~'EST~ ~ c ~.\ , ' .i . a ~' f J V ~~ ~ . t ~ ,; = ~ ~ Its Secretary ,, ' • ..;~, Vii. ~~~ CREEKSIDE DEVELOPMENT on d Partner STATE OF IDAHO ) ss: County of Canyon ) day of L';1~~~ On this ~- 1994 before me the undersigned, a No ary Public i~n_and for said~State, personally appeared~~~ and ~l known to me to be the President and Secretary, res ectivel IRRIGATION DISTRICT, the irrigation district f that P executedlDthe foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, official sealt,,,,hh~•• day written . •~•,•' h N . ~ ••,••• ~•,, •~'%~•'•M••'• OO ,' c0;'~pTAR~:~t~~- • • LICENSE AGRE~fp ~s-t~~e 6 •'••nrn.~•~• I have hereunto set my hand and affixed my and year in this certificate first above 0~"~, Notary Public for Idaho Residing at Nampa, Idaho My Commission Expires: /l 0 ~ c/~ STATE OF IDAHO ) ss: County of ~Z ~1 CLJ ) On this ~ ~ day of .~ ~ti1~1f~L, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~~ known to me to be the authorized partner of CREEKSIDE DEVELOPMENT, the partnership that executed the foregoing instrument and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, official seal, the day . ~• written . 'fff .ffff i= ~ ~ ~~-~ PJP,`.. - ~. • I have hereunto set my hand and affixed my and year in this certificate first above Notary Public or Idat Residing at Q.~.-ie My Commission Expires: LICENSE AGREEMENT - Page 7 EXHIBIT C Purt~ose of License The purpose of this License Agreement is to permit Licensee to: a. Relocate and pipe Onweiler Lateral within the District's existing right of way along Onweiler Lateral b. Install two culvert crossings in Finch Lateral at East Mule Deer Drive and North Robin Lane c. Place sewer and water lines under the two culverts referred to in par. b immediately preceding d. At Licensee's option cross Finch Lateral right of way with utility lines of Intermountain Gas Comprany, U.S. West, TCI Cablevision, and Idaho Power Company e. Place a fence not less than 18 feet from the top bank on the north side of Finch Lateral f. Discharge municipal surface drainage into Finch Lateral All in or near Finch Creek Subdivision located 1/4 mile west and 1/4 mile south of the intersection of Locust Grove Road and Ustick Road, Ada County, Idaho. EXHIBIT D Stiecial Conditions a. Construction shall be in accordance with certain plans consisting of 14 sheets, the first sheet being entitled "Cover Sheet & Plan Index," the second being entitled "Subdivision Plat," Sheet No. 3 being entitled "General Notes," Sheet Nos. 4, 5 and 6 being entitled "Street Plan and Profile," Sheet No. 7 being entitled "Street and Drainage Details," Sheet Nos. 8 and 9 being entitled "Sewer Plan & Profile," Sheet No. 10 being entitled "Water Details," Sheet No. 11 being entitled "Sewer Details," Sheet No. 12 being entitled "Onweiler Lateral Relocation & Irrigation Plan," Sheet No. 13 being entitled "Irrigation Details," and Sheet No. 14 being entitled "Pressure Irrigation Plan & Details.." Each sheet is dated stamped in red July 28, 1994 and each sheet except second sheet bears engineer's stamp dated 7-27-94, second sheet bearing engineer's stamp dated 7-5-94. So far as Sheet No. 14 "Pressure Irrigation Plan & Details" refers to construction of a pressure irrigation system, said sheet is not covered by this agreement since the pressure irrigation system will be the subject of separate agreement. These plans have been delivered to the District's water sePerintendent, are in his possession in his offices, and are hereby incorporated herein by this reference. LICENSE AGREEMENT - Page 8 b. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed•in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. c. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. d. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition construction, monitoring, treatment, administrative, filing and other requirements. e. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. f. Licensee represents to District that City of Meridian will assume maintenance and control of the sewer and water lines placed in Finch Lateral where Finch Lateral crosses East Mule Deer Drive and North Robin Lane. Upon assumption by City of Meridian of control and maintenance of such sewer and water lines crossing Finch Lateral and its written notification thereof to District, at the written request of Licensee District may at its option release Licensee from obligations for maintenance and repair of the sewer and water lines imposed by this agreement. Any such release of Licensee by District LICENSE AGREEMENT - Page 9 must be in writing and may he in the form of a letter to Licensee from District's water superintendent or attorne objection to assumption of maintenance and control responsibilities by City of Meridian but hereby surrenders no rights or control over Finch Lateral. g. Should City of Meridian assume control and maintenance of such sewer and water lines in Finch Lateral but Licensee not be released from the terms of this agreement as provided above, neither the fact of this agreement nor any terms of this agreement shall in any manner limit or restrict any claims, rights or remedies of District against City of Meridian for damages or for indemnification, including defense of District by City, arising out of or related to the acts of City of Meridian or its agents in connection with its control and maintenance of said sewer and water lines. h. Licensee states that Intermountain Gas Company, Idaho Power Company, US West Communications and TCZ Cablevision may place facilities within the District's rights of way along Finch Lateral. Licensee and the District agree that Intermountain Gas Company, Idaho Power Company, US West Communications, and TCI Cablevision shall be subject to all the terms of this agreement, shall specifically acquire no rights against District by adverse possession, prescription, estoppel or waiver, and shall possess only the rights of a licensee in District's rights of way along Finch Lateral. i. The following shall apply if the fence erected by Licensee as referred to in Exhibit C, par. a is in whole or in part constructed of wood: Because of the location of the fence and the fact that the. fence will be constructed wholly or partly of wood, the District shall not be responsible for weed control in the area of the fence. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from airy claims for damages to said fence because of weed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. j. Except for Licensee's fence referred to in the immediately preceding paragraph, Licensee shall not permit owners of lots in the subdivision to place fences within District right of way without the written consent of District and subject to such conditions as the District may impose. Licensee shall notify owners of lots of this requirement and shall inform owners of lots that offending fences may be removed by the District without notice or may be damaged by District personnel in the course of maintenance of the easement, all without liability to the District. k. There shall be no encroachments or interference with an 18 foot strip along the Finch Lateral right of way north of the top of the north bank of Finch Lateral which shall be used for passage by District. LICENSE AGREEMENT - Page 10 1. In the case of conflict between the verbal terms of this agreement and exhibits to the agreement or plans incorporated by reference, the verbal terms of this agreement shall govern. m. The District's right of way along Onweiler Lateral is 50 feet, 15 feet to the left of centerline looking downstream, 35 feet to the right prior to relocation, and along Finch Lateral is 80 feet, 40 feet to either side of centerline. n. Construction shall be completed not later than March 15, 1995. Time is of the essence. LICENSE AGREEMENT - Page 11 JUL-19-94 TUE 3:21 3221094 ~ - P. 01 ~ l Cr~c~k~s i d+a I~~rtr~~'r~ 208 322.--1p92 9518 Fa~rvirew Boise ID 83704 C ~r( +r~Y DD /~ ~ `TD ; (1tJ; ~ b~ r t, t ~ ~ ~P~1''t ~ o,,r..' ~g 7 ~ `i8 t 3 V ~~ : 1~Kc.~ t'r.~e ~ Sub. M /, ~R~ 4 ~ ~ V"' ~L vlr+rlf+t. ~/G~~ W - ! ~ ~ ~KGt~{ ~ C~Crt~- ~ cam. ,t~.~~ ~~,fi o~ ~ ~ ~~ ~~ . RECEIVED I JUL 1 9 U9q ~~J - ,~„~ GYY OF MERIDIAN ~A' ..-~ =:, MERIDIAN CITY COUNCIL MEETING: Juiv 19.1994 APPLICANT: FINCH CREEK SUBDIVISION AGENDA ITEM NUMBER: 1 REQUEST: TABLED TO ALLOW CITY STAFF TO REVIEW AMENDED CC8~R'S 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS MINUTES FROM JULY 5,1994 OTHER: JUL 18 '94 11:23 1'\ PAGE.001 ~' WU~~BlE ENG~NEERIN~,ING. 6`' 9660 Bethel Court ^ Boise, Idaho 83709 2081322 ^ Faoc 2081378-0329 RL: Finch Creek Subdivision Y7ear Truce: Pont-iM Fsx TVote 7674 ~ 't ~ g I- Ta ~ i From ~"~ Cn Co. ~ ~~~~- y ~ F8x 1t ~g . ~ ! ~ ~ !f tt]~ ju1~- 12, 1994, Shelby Erownfield, of Associated Earth Sciences, and myself observed foul' test pits on the Finch Creek Subdivision site. Rte looked at sail types and water table depth. From tl pits, we co~acluded that the water table at the Southwest end of the site .is approximattely six feet below the natural ground. Because of the depth of the water, a surface Swale is not needed. A subs~sce trench with an overflow to the Finch Lateral will be used. 'Therefore, the bike path will be aver the subsurface trench at the fmished grade of the lots and not through a surface Swale. The new design will be shown on the pla>us wizen we resubmit for approval. If you have any questions or comments feel free to call me. Si>xerely, ~~ Ricl~rd J. ~'o cc: Shari Stiles RJT/mf/~Q59.ltr ** TOTRL PRGE.001 *~ "' `~ RUBBLE ENGINEERING, INC. vti Q~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378.0329 o ,~o SURV~ July 18, 1994 PN: 93158 Bruc reckleton City of eridian 33 East I o Street Meridian, Id o 83642 RE: Finch Creek Subdivision Dear Bruce: On July 12, 1994, Shelby Brownfield, of Associated Earth Sciences, and myself observed four test pits on the Finch Creek Subdivision site. We looked at soil types and water table depth. From these pits, we concluded that the water table at the Southwest end of the site is approximately six feet below the natural ground. Because of the depth of the water, a surface Swale is not needed. A subsurface trench with an overflow to the Finch Lateral will be used. Therefore, the bike path will be over the subsurface trench at the finished grade of the lots and not through a surface swale. The new design will be shown on the plans when we resubmit for approval. If you have any questions or comments feel free to call me. Sincerely, Richard J. Tomlinson cc: Shari Stiles RJT/mf/2059.1tr /\ /~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk ~ RONALD R. TOLSMA HS CITY OF MERID IAN o I GARY 0. SM T P.E. City Engeneer BERT D. CORR E BRUCE D. STUART, Water Worka Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire CAlef " " MERIDIAN, IDAHO 83()42 Planner 3 Zoning At]ministrator BILL GORDON, Pollee Chief W.L. WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman - Planning b Zoning GRANT P. KINGSFORD Mayor ~~R~idDUM June 21, 1994 TO; 1~AYOR AND COUNCIL FROI~i; Gary D. Smith, PE RE; FOTHERGILL POINTS SUBDIVISION N0.2 (Final Plat) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This plat conforms to the lot arrangement and street alignment approved as a preliminary plat. 2. Please submit the street name approval from the Ada County Street Name Committee. 3. The adjacent platted subdivision shown as Meridian Manor No.3 should be corrected to read Meridian Place No.3. 4. In checking distances along this plats east boundary against the previously recorded plats of Tract No.3 and No.4 it appears a tie distance on the Tract No.3 plat needs to be corrected. 5. This plat is nicely done and well presented. MERIDIAN CITY COUNCIL MEETING: June 21.1994 APPLICANT: CREEKSIDE DEVELOPMENT INC. AGENDA ITEM NUMBER: 14 REQUEST: FINAL PLAT: FINCH CREEK SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ U'~T~L T~~ ~~~ ~~Y ' '~ /'1 HUB OF TREASURE VALLEY _ OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF M RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer ERIDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Worka Supt. WALT W. MORROW JOHN T. SHAWCROFr, Waste water Supt. 33 EAST IDAHO SMART STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, PoIlceChief MERIDIAN ,IDAHO 83642 • Wnglt6rslwistrator ~~'~ , WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 , j~~ Public Works/Building Department (208) 887-2211 Chairman • Planning 8 Zoning F JUN 0 ~ f~~4 GRANT P. KINGSFORD Mayor ~r°1~Y Ll;;~ it-eS.c:t1il'il~ 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 City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Development and Hubble En4ineerincl LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 & 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 8 FINAL PLAT) BUREAU OF RE TION(PRELIM & FINAL PLAT) CITY FILES .. OTHER: YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Firo Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI S71LES ;~ ~ ~I~atr~fia2isning Admin istrator y JJr J/ d~IIAAfJ f~JOHNSON JUN ' O c~9i~4n -Planning 8 Zoning GRANT P. KINGSFORD Mayor CITY zlr ;;•,lt..arJC>i!-~i°d 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 City.Council, may we have your answer by: June 14 TRANSMITTAL DATE: 617/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Develoament and Hubble Enaineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 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 ~ 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 & FINAL PLAT) CITY FILES , / OTHER: CO ' ~~ - ~ `7 YOUR CONCISE REMARKS: ~~ar~ Af2.~ Sari-~e Sn~~GC.I.c f .2•w ~'~i.`s Scc h~iJi S'iOnJ. TILE[.. C~~i+„ onJ Lo t ~i fti N s ~ cy °to B.a K•t.of C 1 e ~-•,~ o-/ Tr., s ~. f SiGus ~tl..e~ ~o 13 .e P~ cc,~ B.alo~~ Au i (r9i Ma r s - ><p~ f et9 ~C-~- ~o~~~s ~ n ~, ~/ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 June 20, 1994 John Anderson Nampa- ian Irrigation District 150 st Street South ampa, Idaho 83651 RE: Finch Creek Subdivision Dear John: 2081322-8992 ^ Fax 208/378-0329 The plans and drainage calculations were submitted to you on June 3, 1994. The land use change agreement for this subdivision was submitted with the fees June 6, 1994. The following items are for your use in preparing the license agreement for Finch Creek Subdivision. 1. Eighteen feet will be provided on the North side of the Finch Lateral within the District's easement in the subdivision. 2. The owners of the property will have the option to construct a fence eighteen feet North of the top bank of the Finch Lateral. 3. The Onweiller Lateral will be piped along the North boundary line of the subdivision with all applicable easements. However, no access will be provided except from North Mule Deer Drive to the head gates at the Northwest corner of the subdivision. 4. The two culverts for roads crossing the Finch Lateral as shown on the plans. 5. The drainage overflow into the Finch Lateral from the retention pond adjacent to Lots 8 and 9, Block 4 as shown on the plans. 6. A pressurized irrigation system for Finch Creek and adjacent Rock Creek Subdivision to be installed by the developers and maintained by Nampa-Meridian Irrigation District. 7. Any and all water, sewer and other utilities crossing the Finch Lateral. Mr. Anderson June 20, 1994 Page 2 As mentioned earlier, a set of plans, as well as drainage calculations for the subdivision, have been submitted to you. Your prompt attention to the license agreement is anticipated. If you have any questions or comments concerning the above mentioned issues or the subdivision feel free to give me a call. Sincerely, Richard J. Tomlinson cc: Bruce Borup, Borup Construction Shari Stiles, City of Meridian RJT/mf/2025.1tr *.. • ~ ~ /~ .h ~I AIM ~'9,I ._i t. .Yr_1.~..~t SUBDIVISION EVALUATION SHEE-r .}ut~ ? ~ ~~~~~; ~` I'f~(~F ;~~~~t~il~;~ Proposed Development Name FINCH GREEK SUB City MERIDIAN Date Reviewed 6/16/94 Preliminary Stage Final XXXXX Engineer/Developer Hubble Engr / Creekside Development The following SUBDIVISION NAME is approved by the' Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ ~ ~~ FINCH CREEK SUBDIVISION X. ~7~L 2~ Z4 ~ Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the slat as: "E. USTICK ROAD" "N. MULE DEER WAY" "E. SHARPTAIL STREET" "E STORMY DRIVE" The following proposed street name is approved and shall appear on the plat as: "NORTH SWALLOW WAY" The following proposed street name is over ten letters in lenght and must have verification from Ada County Highway District that the name will fit on a sign before it will be approved: "EAST FINCH CREEK STREET" - "ROBIN" is a duplication and therefore cannot be used Please choose another name and have it a roved b the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester, Ada Planning Assoc. Terri Meridian Fire Distict ,..i.. NOTE: A copy of this evaluation sheet must be presented to the Ada signing the "final plat", otherwise the plat will not be signed !!!! _ Index r ,~ 'ATIVES OR DESIGNEES Date Date ~'`~ Date ounty Engineer at the time of Sub Index Street NUMBERING OF LOTS AND BLOCKS '~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM To: Mayor and City Council From: Gary D. Smith, PE RE: FINCH CREEK SUBDIVISION (Final Plat) June 20, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This plat conforms to the lot arrangement and street alignment approved as a preliminary plat. 2. Some street names have been changed from preliminary plat. A letter of approval for these changes will be required from Ada County Street Name Committee. Plat is lacking some witness corner monuments and dimensions to witness corners. Should a boundary monument be referenced along the north side of Lot 10 -Block 2. 4. An easement for both the Finch Lateral (South Slough) and the Onweiler Lateral needs to be shown with approval from the Nampa Meridian Imgation District of the realignment of both laterals. 5. Plat needs Land Surveyor stamp, date and signature. 6. The minimum house square footage of 1350 needs to be noted. 7. On Sheet 2, lines 12, 14, and 15 of the legal description are missing the book and page numbers. Also, line 26 has a measurement of 489.95 feet and the sum of the lots equals 484.95. Also, line 25 has acall-out that doesn't show on the plat. 8. The west boundary needs to show a "formerly described" notation as described in the legal description. HUB OF TREASURE VALLEY \ COUNCIL MEMBERS ~ A Good Place to Live ~~ RONALD R_ TOLSMA CI1-~ Y OF MERIDIAN -~ W ALTW.MORROW 33 EAST IDAHO MERIDIAN, IDAHO 83642 sHARI sTILEs Planner a zoning Administrator JIM JOHNSON Phone (208) 888-4433 ~ FAX (208) 887-4813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 9. Owners need to sign the Certificate of Owners with acknowledgement. /'~ 10. Show Lot 4 -Block 2 width as 20 feet for the sanitary sewer line easentlent. 11. What is the purpose of the 5/8" iron pin shown along the west boundary of Lot 1 -Block 2? 12. Submit a mathematical closure for the lot area of Lot 1 -Block 4. • ~ ~pR EX~Et! 2 ~Z~ ~~~~y~~f; /\ en Q / ~~ i"~ J !!;~ r 7 ~99~t CITY OF ~ERI~IAP~ ~OERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 • PHONE(206)888-6701 June 16, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Finch Creek Subdivision Dear Councilmen: J u ~ 2 ~ ~ss~ r - - Y.... I have reviewed the application for Finch Creek Subdivision and find that it includes approximately 44 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Due to overcrowding at Chief Joseph Elementary students from this subdivision will be bused to Lake Hazel Elementary. Using the above information we can predict that these homes, when completed, will house 19 elementary aged children, 13 middle school aged children, and 12 senior high aged students. At the present time Chief Joseph Elementary is at 118 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. /'~ We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent DM:gr ~ ~,•~ - HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA GARY D. SM THS P.E. City Eng veer CITY OF MERIDIAN OBERT D.ICORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & Zoning Administrator BILL W.L. GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning & Zoning 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 City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Develoument and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 -CHARLES ROUNTREE, P2 .-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 8t 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 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 ~~~~~~~~ May 18, 1994 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 IZE: Finch Creek Subdivision Dear Ms. Stiles, 208/322-8992 ^ Fax 208/378-0329 MAY 1 8 1994 On behalf of Creekside Development, Inc., we hereby submit the final plat application for Finch Creek Subdivision. The final plat of Finch Creek Subdivision is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be live (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, Tracey Persons Asst. Project Coordinator i:~firilplat.ltr n REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COINIlVIISSION 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 and Subdivision, Finch Creek Subdivision 2. General Location, Portion of Govt Lot 2 and NEl/4 Section 6 T 3N R lE 3. Owners of record, Attached Address, Telephone 4. Applicant, Creekside Development. Inc Address, _9518 Fairview Ave.. Boise ID 83709 5. Engineer, James C. Merkle Firm Hubble En ' Bering, Inc. Address, 9550 Bethel Ct„ Boise. ID 83709 Telephone 1208)322-8992 6. Name and address to receive City billings: Name: Applicant Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 2. Number of Lots: 45 (44 bull ' g~nd 1 common, 3. Lots per Acre• ~, 09 4. Density per Acre: ~ _ n9 5. Zoning Classi5cation(s):_ R-8 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classiScation_ N/A 7. Does the plat border a potential green belt ~~~ 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the Qty No Explain 10. Are there proposed dedications of common areas_Yes ixPlain Cam- m_ mon lot For future parks No Explain N/A 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain NIA 12. Other proposed amenities to the City X Water Supply X Fire Department X .Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s)- 6.500 sa. feet b. Minimum square footage of structure(s). ~ i .350 _Sauare Feet c. Are garages provided for Yes square footage 400 sa. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Covenants require landscaping for each building lot f. Trees will be provided for N~_Trees will be maintained~T/A g. Sprinkler systems are provided for_No h. Are there multiple units_ No '~,pe Remarks N/A i. Are there special setback requirements No Explain N/A j. Has off street parking been provided for No Explain N/A k. Value range of property Aooro~nately $80000 to $115 000 1. Type of financing for development Standard m. Protective covenants were submitted No Date Future lb. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions wi71 be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development wdl connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. /frm. ~~~~ _p "' ~`~ RUBBLE ENGINEERING, INC. ~~~ ~ ~ ~~~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 ~~"`~~"~'*~'~ ~ y 2 ~-8~ ^ Fax 208/378-0329 ti~ SURVEyOQ, Project No. 93158 Revised May 11, 1994 April 20, 1994 DESCRIPTION FOR FINCH CREEK SUBDIVISION CREEKSIDE DEVELOPMENT A PORTION OF GOVERNMENT LOT 2, NE1/4, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of Government Lot 2 of the NE1/4 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 Sections 31 and 32, T.4N., R.1 E., B.M., and Section 5 and the said Section 6; thence North 89°46'40" West 1,324.76 feet along the Northerly boundary of the said NE1/4 of Section 6, which is also the centerline of East Ustick Road and the Northerly boundary of Howell Tract Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 64 of Plats at pages 6572 and 6573 to an iron pin marking the Northwest corner of the said Howell Tract Subdivision, which is also the Northeast corner of the said Government Lot 2 of Section 6; thence South 0°22'17" West 449.18 feet along the Westerly boundary of the said Howell Tract Subdivision, which is also the Easterly boundary of the said Government Lot 2 of Section 6 to a 2-inch galvanized pipe, said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°22'17" West 837.16 feet along the said Westerly boundary of Howell Tract Subdivision and the Westerly boundary of Cougar Creek Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _ to a point marking the Southeast corner of the said Government Lot 2 of Section 6, which is also the Northeast corner of Tract Subdivision No. 4, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _; thence South 89°37'30" West 1,324.16 feet along the Southerly boundary of the said Government Lot 2 of Section 6, which is also the Northerly boundary of the said Tract Subdivision No. 4 to a point marking the Southwest corner of the said Government Lot 2 of Section 6; Finch Cr. Subd. Page 1 of 2 ' FEB 09 '94 03~36PM PIONEER TITLE COMPANY P.2i2 yes .. ,,~.~~:; ~•~,l•:~1•,~„~;,'"+nd' ~':~ .'.•. ,, x ,~_ ,~- • - ~~ , '• .;164901 !L . lit, ". . `+;•;be*KL ~'u-`i '1MF~^~ F^'= .,. S r. • ,LffiCASDR.'ION A03t ~'.,,~1~~•t•,!i•r ;`•~ ty'','r~~",~~ •.r • Jam'/. ' ": , ' 'l7WLT 80~111ISIGY BO. h 'K,',~r~r, w• ,ri'~'~ ' • ^+~ jx' : '`o• ~s ~ 'A.pMlZGR1 OY Y'!~ Z18 ~, SBC'YiON 6 fir J'x:7~ .1', ~ \-' `T .p,+•: T.3 1f:; 1C.11MB/.~vB.M1M, ~~nn Fy La',i^~• .w .~j'. ,~', '•i ,.~" .. ~ ~-~IMr~ ~ vWP__I iiMK , ~~ -s'•`•,I..r.":..~'• r .~ •• '•O!•1#nd Lsisg ~ yos'tiaa o!, Che ~ pt o! Sactian 6 T-3 N., A.3. B., -, B.M: `. Meiidias, , Ada Oo~mty, Ydshn. siy0 ewe percieularly described ae lollwe a Hsgitw3r~ sC gird ices 371,pe marYiag tlf4 Sonthreet comer o! the !rB ~!( o! said • ~'~ /sCties 6, 'also said yips being the nosthrest corner of Meridian Dlaee Subdivision III a• !ilea looC zeoord in the o!licw o! the Ada Co~mty Recorder, eoiee, ' ~, ip Book 60. st page. 6005 and 6o06r thanes IfOY'th O.20.01^ Bast 572.03 feet along the !lest boundary o! the NB if Oi eeid Se¢ion 6, said Doundary slao being she west boundary o! Tract Subdivision ylo. 3 as lile~-•!o~ record io tb• ollica o! said Ada County Recorder, in Hook 61 ae pigOS,6si9 and 6790, to an iron yips; hype ooptinuis~g NorCh 00.70.01• Beset 805.88 fast slang erie Nest boundary p! the BQ !( o! eeid section 6 to as hoes pin marking the soutriweat corner of Qo~ensest Iot 7 0! swirl Section 6r • themCe departing Let said boundary Nerth 99•]8'15' Saat 550.00 legit along thO •SCIaCb bo~mdary O! esid (love='nmsat Lot ~ ro an iron pin, 4aid pin beie+g the ~ ~BAL ppniT 09 SBOI~TIB(ii '~ y Qsputiaq said 3puth boundary llprth 00•ti'43• aeatJ3.00 feet to an • ..; i=~ piny • -9-..~ .L:yj '" ' tbpnee 11prth 69•7a•1S• BaeC 1~ lest Le an iron pia: f.:•- .' •} ,,. •• • tiumw $outL 00"21'x5• Beset 33 00 leer to an iron pin on she South boundary ' o! said ciavesament Lot zr ' ~; , , • ,-;" thence $wlth S9•aB•15• iPeet X00 lest along said South boundary to th^. ,,,; A8AZr yo'L1~1' oY SBCiINNIN(i, coaPsieing acroa. more or 2eaa- ~.. %:r.. - SC~7BGf Zba :~.,'_ ' ' All existing road zight-al-vay~. utility and drainage eaaemeneu. .-Y~ Prepared by: -^ ~~, ,• !.'. ~~ ~ , • W1Tsis . ..L• ` Guy A. Lee, P.B./L.S- ~ f~~ t ~i gg W ~:~ g03~276 N'e,t O,w panY, Mahe. N.A. need o j Trusl 1WF.s-rU~VE , • ~.-f CO~q~,~ ~7J nrwk I'I115 HEED <)F TRUST b made this I HTx 19 ~/~-.unnngthcGnnter, ~.EI1. 8. NORUP ANU_~.-...._davof_ .TUNE .AND_JQI _ .~I~U1'll C. BORUP~ IiUSBANU AND {JIFF ' CL_BLYLBA w app)Rn~.~QH_(henin"xnnu'!r"), --.HTENART TIT(- OF IDAHO INC -----__. Wt.S 1'tsNt: RANK, IDAHO, N.A„ CAPITAL BRAA'C}I -"- (herein "Tr~nee"), and,hr BrneNciary, whh hs principal place of hudness at Bohe, Idaho, (herein "Lender"). -----~-' a national ban4ing a.wciation BOppowep, in conalderation of the indabtedneo herein recited and the trust herelr, crested. Irrevocably grams and conveys to 7rus.ee, {n Brun, with power of sak, the folbwing described property Incased in the County of AUA , Stare of Idaho: ~ FROM THE COHN011 CORNER OF SECTIONS SAND AND SECTi0N8 31 AND 32, TOWNSHIP 4 NORTH, DISTANCP. OF 1649 FEET ON A BEARING OP SOUTH 89 DECREES SH,7' {JEST TO THE PLACE SOUTH A DISTANCE OP lb5 FEE; TIIENCL NORTH 89 DEGREES 58.7' EAST A DISTANCE OF 'SOUTH A DISTANCE OF 1,111.94 FEET; THENCE SOUTH 89 DECRIES 21.3' NEST A DISTANCE OF -NORTH A DISTANCE OP 33 FEET; THENCE SOUTH 89 DECREES 21.3' WEST A DISTANCE OF SOUTH A DISTANCE OF 33 FP.ET; THENCE SOUT11 89 DEGREES 21.3' WEST A DISTANCE OF SOUTH 63DDETANCE D*~649.29 FEET; THENCE 6, 70h~SIiIP 3 NORTH, RANCC 1 EAST, RANGE 1 EAST, BOISE HERIDIAN, A OF BECIN~INC; THENCE 129 FEET; THENCE 605 FEET; THENCE 16S FEET; THENCE S50 FEET; THENCE CRESS 04 EAST A DISTANCE OF 206.35 FEET; THENCE NORTH 86 DECREES O3' EA°T A DISTANCE OF 125 FEET; THENCE SOUTH 63 DECREES 38' EAST A DISTANCP OP 140 FEET; THENCE ~SOUTN Jb DECREES 24' EAST A DISTANCE OF 201 FEET; THENCE SOUTH SS DECREES 09' EP.ST A DISTANCE OF 100 FEET) THENCE .NORTH 89 DECREES 35' GSi A DISTANCE OP 186 FEET; THENCE NORTH 61 DECREES 08' EAST A DISTANCE OF IS2 FEET; THENCE NORTH 80 DECREES 52' EAST A DISTANCE OF 200 FEET; THENCE NORTH A DISTANCE OF 450 FEET; THENCE SOUTH R9 DECREES 58.7' WdST A DISTANCE AF lOS FEET; THENCE NORTH A DISTANCE OP 452 FEET; THENCE NORTH 69 DECREES SB.7' EAST A DISTANCE OF 144 FEET TO TAE PLACF. OF BEGINNING. F.XCF.PT: THAT POI:TION DEEDED TO IDAHO RAILWAY LIGHT M'D PONER COFIPAA'Y, FEBkUARY L3, 1913 IN BOOK 104 OF DEEDS PAGE 217 AHD 216 AS I NS f Rt1NE Atr Cotaiq; li-1o Itl ~ SiEwARi ililE tu!E D f/ DATE ~ a~~a '~ ER Oapw ,. 12 NT N0. 47072. aaIN~RESiS1tATETATSDESICNATEDhINTERVALSFO?HE EFFECTCOFIIAJTHICH FUIYBEUTO INCREASEHOR D REASE TlIE NUMBER OF PERIODIC PAYMEt:TS TO BE FUU)E, OR EXTEND UR SliORTEN THE ';"ERNS OF PAYF>ENT, OR BOTH, OR INCREASE OR .DECREASE TILE AHOUST OF THE PAYMENT..- whichhattheaddreuof '135 E USTICK ROAD HERIDIAN IDAl10 8'tRL7 15viel (cxr) IA.,r ,red ty Csd-) (herein "Property Addresi'); ToCCT1ER will, all the improvemenu now or hereafter erected on the property, and aD easthnents. rights, appur• unsnres, ,mu (including the righn and authoritin giver, herein to Lender to eolkn and apply ach rcntH, royalties, mineral, oil and gas rights and profits, water, water rights, and water stork, and aU fissures now or hereafter attached to the progeny, all of which, including repkcemenrs and additions thereto, shall be deemed to be and remain a pan o! the ProPt'ny c.we-ed by this Deed of Truo; and all of the foregoing, together with said property (or the leasehold estate if this Deed of'fruo u nn a leasehold) are herein referred to n the"Prope-J': To SENp[ to =-ender(a) the repayment of the indebtedness twidenced by Bortower's note dated Ob/ 1 B/90 HUNDRED FORTY AND 00/ 100 (herein "Mae"), in the principal sum o1THIRTY FOUR THOUSAND THREE Dollan, with Interco thereon, providing for monthly inoallments of princtpal and Interco. with the bataitce of the indebtedneo, if cwt Honer paid, due and payable oti 06/_l8/OS ;the payntrnt of all other sums, Mith interest thereon, adranrrd in aceordarce herewith to protect the security of this Deed of True; and the pe-fermance of the covenants and agreements of Bonower Anein contained; and (b) the repayment of any future advances, Mich interest thereon, made to Borrower by Lender pursuant to paragraphll hereof (herein "Future Advancer). Borrower covenanu that Borrower is lawfully seised of the elute hereby conveyed and has the right to gram and convey the Prepeny, that the Property is unencumbered, and that Borrower will warrant and defend the title to the Property againu all claims and demands, subject to any declarations, easements or restrictions listed in a snc~dulr n( eaeeptions to coverage in any title insurance policy insur,ng Lender i interest iti the Progeny. IOANO-l to t fatallylens--NMAI/Milts npxoptt lkfnuYlpf a ossas nr an /'~ MERIDIAN PLANNING & ZONING COMMISSION MEETING:_ - MARCH 8. 1994 APPLICANT: BQRUP CONSTRUCTION AND AGENDA ITEM NUMBER: ~ ~ POWER ENGINEERS REQUEST: PRELIMINARY PLAT FOR FINCH CREEK SUBDIVISON KI ~I I~Uy~ AGE Y ~ COMMENTS CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: 5~°C Q~4cC.1~~ C,pm,np,-1-t-5 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: S~' ~ ~,~~,(~ by ~•~ 13 ~ ~_ OFFICIALS WILLIAM G. BERG, JR., Gity Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY _ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Mayor, City Council, Planning & Zoning Commission ~~~ FROM: Gary 61, Smith, PE DATE: March 4, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning RE: FINCH CREEK SUBDIVISION (Preliminary Plat) I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the decision making process: 1. Applicant needs to submit a vicinity map showing the adjacent land area use for 1/2 mile each way from this proposed project area. 2. All street right of ways scale 50 feet but need to be dimensioned. 3. Submit street name approval from the Ada County Street Name Committee. 4. The Frontage for Lots 7,10,12 -Block 3 need to be 65 feet, minimum. 5. There are no notes indicating what will be done with the Onweiler Lateral and the South Slough. - The owners/ maintainers of these ditches need to formally approve the development details, including necessary easements. These ditches are required to be piped by City ordinance. - Some heavy lines are shown on the drawing but are not called out as to what they represent. - If the ditches are not under the control of an agency the piping plans need to be submitted and approved by the City Engineer. 6. There are a couple of lines on the drawing that aren't represented in the legend. (Easement line and natural water line?) 7. Note No. 1 says Lot 4,9 -Block 2 are designated for landscape purposes. These lots are to be fenced and surfaced, with gravel or asphalt, for sanitary sewer line access. Steel pipe ballards, HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman - Planning 6 Zoning TD: Meridian Planning 8 Zoning Commission, Mayor and Council ~~/ ~-~ ~^ ~ s FROM: Shari Stiles, Planning & Zoning Administrator ~" DATE: March 4, 1994 SUBJECT: Finch Creek Subdivision - Preliminary Plat This 4b-lot subdivision was annexed with the Howell Tract (Pheasant Pointe). The Comprehensive Plan indicates a park is needed in this area. In addition, the parcel is located along the South Slough, and no provision for a greenbelt is indicated in the application. The Applicant needs to coordinate development plans with the Pathway Plan. Requirement for a development agreement applies to this project. I have concerns about provisions irrigation laterals to ensure pr users or potential water users. parcel may need to be made to access. Pedestrian walkways to need to be addressed. that may need to be addressed regarding the Dper distribution of irrigation water to any Allowance on the westerly boundary of the provide for a collector street for future provide linkages with adjacent development It was difficult to examine the site because of the construction in that area. It would be helpful if a detail were supplied to show actual roadways and pedestrian circulation paths in relation to adjacent subdivisions. Based on the above, I recommend this proposal be denied or tabled to allow the Applicant to reconsider development features and work with City officials to achieve community goals as adopted in the Comprehensive Plan. A revised preliminary plat should be submitted addressing concerns expressed in agency comments. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney n HUB OF TREASURE VALLEY ~ A Good Place to Live COUNCIL MEMBERS MAX YERRINGTON CITY OF MERIDIAN RONALD R 70LSMA ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN, IDAH083642 ~EC1~j~~~oningAdministrator Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (Z08) 887-2211 FE B 2 2 1~'j~ifman • Planning & Zoning GRAN'tP. KINGSFORD ~I~,~ ~~ ~~~~~~~~ Mayor I 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, may we have your answer by: March 3. 1994 TRANSMITTAL DATE: 2/15/94 HEARING DATE: 3/8/94 REQUEST: Preliminary Plat for Finch Creek Subudivision BY: Borup Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road. JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT X FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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 & FINAL PLAT) CITY FILES ~1 ~ OTHER: ~ ~- I / `- ~ `7' YOUR CONCISE REMARKS: ~a/,~s W; ~ L ~tJ n SUPERINTENDENT OF SCHOOLS OR EXCE Bob L. Haley t~ ~~ DEPUTY SUPERINTENDENT F Dan Mabe, Finance & Administration Z Z~ DIRECTORS ~ ~?~;~~i` /\ Sheryl Belknap, Elementary Q Jim Carberry, Secondary y Christine Donnell, Personnel ~! Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 February 17, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Finch Creek Subdivision Dear Councilmen: ~~~r~~ w V~~ Jt ~~~~ aka l:. S. ;aS r.. ... ...~~ I have reviewed the application for Finch Creek Subdivision and find that it includes approximately 46 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 14 elementary aged children, 18 middle school aged children, and 14 senior high aged students. At the present time Chief Joseph Elementary is at 114 of capacity, Meridian Middle School is at 126 of capacity and Meridian High School is at 123 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over ..capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. /'~ I~ECE~~LED SUBDIVISION EVALUATION SHEET ~4R _ ~ ~~~~ C~'~"~t' OF ~Ff~~~~t~ ~ y' Proposed Development Name FINCH CREEK SUB City MERIDIAN Date Reviewed 2/24/94 Preliminary Stage XXXX Final Engineer/Developer Hubble En r. Boru Construction Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE COD . FINCH CREEK SUBDIVISION Q~g, Date Z Z~ c/~ The Street name comments listed below are made by the members of the AbA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followine proposed street names are approved and shall appear on the plat as "EAST SHARPTAIL STREET" "EAST STORMY DRIVE" "EAST COUGAR CREEK DRIVE" "NORTH MULE DEER WAY" "EAST SWALLOW DRIVE" The following proposed street name is over ten letters in length and therefore must have verification in writin from Ada Count Hi hwa District that the name will fit on a si n• "E. FINCH CREEK COURT" "PALOMO" is too close to "PALOMA" and therefore shall have a different name "MEADOWL,ARK" is a duplication and therefore shall have a different name "N. MULE DEER WAY" "E. FINCH CREEK DRIVE" and "N. NO WAY" all shall have one name. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COITNTY STREET NAME COMMITTI Ada County Engineer John Priest Ada Planning Assoc. Terri Rayno Meridian Fire Distict Representative, )R DESIGNEES Date Z Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed t!!! Sub Index Street Index NU`LBERING OF LOTS AND BLOCKS .. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney ~ HUB OFTREASURE VALLEY /~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888--0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 ~C~tr~x~D GRANT P. KINGSFORD Mayor +~ ,~ D - '~ ~ti~l~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 6 Zoning Administrator JIM JOHNSON Chairman - Plann(ng 6 Zoning 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, may we have your answer by: March 3. 1994 TRANSMITTAL DATE: 2/15/94 HEARING DATE: 3/8/94 REQUEST: Preliminary Plat for Finch Creek Subudivision BY:_Borup Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road. JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z 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 FIRF f~FPARTMFNT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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 & FINAL PLAT) CITY FILES OTHER: Y(~I 1R (:(~NC:ISF REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams ~ 4 ~ , Idaho Power 322-2047 OFr'ICIALS VJiLLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney 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) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning 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, may we have your answer by: March 3. 1994 TRANSMITTAL DATE: 2/15/94 HEARING DATE: 3/8/94 REQUEST: Preliminary Plat for Finch Creek Subdivision BY: Borup Construction and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Locust Grove Road. JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _ POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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 & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~K- ~ /'~ REG~UEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING ANU ZONING COMMISSION PRELIMINARY PLAT TIME TABLE FOR SUBMISSION: A request far preliminary plat approval must be in the City Clerks possession no later than tT,ree 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 montrily meetings provided the necessary pro. urea ar,d documentation are received before 5:00 P. M., urs g .following the Planning and Zoning Commission ac zor,. GENERAL INFORMATION 1. Name of Annexation and Subdivision,Finch Greek Suhd;v;s;on 2. General LOCatlOrirSarr i.,ri F, T ~N R_ 1F R M Meridian T ~ ~ me, 3. Owners of record,' ~- ~C.~IIQ.G~ - Address, ~G~ Zip- Telephone. , 4. Applicant, Borup Construction Address, 9518 Fairview Ave. 5. Engineer, James (:. M erkle FirmHubble En~ineerinQ. Inc. Address 9550 W. Bethel Court. BoiseZip 83709 Telephone(208)322-8992 6. Name and address to receive City billings: Name Applicant Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 14.68 2. Number of lots 46 3. Lots per acre 3.13 9. Density per acre 3.13 5. Zoning Classificationts~ R-R ,., .~ ' ,• 6. If the proposed subdivision is outside tT,e Meridian City Limits but witt,in the jurisdictional mile, what is the existing zoning classification NA 7. Uoes the plat border a potential green belt No b. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? Yes Explain Landscaped common lots. For future parks? No Explain 11. Wt,at school (s ) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City X Water Supply X Fire Department Sanitary Sewer Other _ Explain 13. Type of Building (Residential, Commercial, Industrial or combination ) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family 15. Proposed Development features: a. Minimum square footage of lot t s) , 6500 Square Feet. b. Minimum square footage of structure t s) Per Ordinance c. Are garages provides for, Yes square footage 400 Sg. Ft. d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Covenants require landscaping for each building lot and landscaped common lots. c~ t2) _. . ,'a; ,:, ., .r~~, ~"~ ~, f. Trees rill be provided for _No Trees will be maintained g. Sprinkler systems are provided for ~o h. Are there multiple units No Type remarks i. Are there special set back requirements No , Explain j. Has off street parking been provided f or~_,Explain k. Value range of property Approximately $80,000 - $115,000 1. Type of f financing f or development Standard m. Protective covenants rere submitted No . Date Future 16. Uoes the proposal land lock other property No . Does it create Enclaves No STATEMENTS OF COTfPLIANCE: 1. Streets. curbs, gutters and sideralks are to be constructed to standards as required by Ada County Highray District and ?feridian Ordinan ce. Dimensions will be determined by the City Engineer. All sideralks rill be five (5) feet in ridth. 2. Proposed use is fir, conformance rith the City of Meridian Comprehensive Pl an. 3. Development rill connect to City services. 4. Development rill comply rith City Or~dinar,ces. 5. Preliminary Plat rill include all appropriate easements. 6. Street names must not conflict ri th City grid system. +~ (3) . ;~. ~:;: OWNERS OF RECORD Joyce Rivera 1135 E. Ustick Road, Meridian, Idaho 83642 Borup Construction 9518 Fairview Avenue, Boise, Idaho 82704 __.~~1lq ~ ~ ~ s ___ ~ ~ -~---- ~~~ ~ ~~~ __~~_-_-~ '~~~, f I~4~ -~.. ~ -.~-~--..~ ~~~~ t \ v_=±;- -fin, ~ ~`T- ~' I e ,, ~~ ~ a - 'i'K7 '~f .w.=..LL.LL7 /~ ~ ------ ~s •~Z: '} \ ~ -~ _x~. ~ `~ /, Ili I \\Y` f' `\I~\\ `~ ~~ ,L W ~~I'~\ ~ wisNaer3 >a~u msaaoaa ~+ ~ f \ z i ~~ fi \j > ~ '~ I ,jr+~ a, ~ ~ 1'Y ~ I ~i '~ 4 I . 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I 1 ~i w• w. w -V ~` I .1r ~ F~ / ~ I i ~.--till ~ ~/ q ~t '~ ; .7 gel ~I! ~~I~l ~I `o~~ y''1 ~ *; f' ,) I ~' I ' e 1 _ i ~ ~~ ~~ I,~ij ~~ ;! ,~.~' ' -l !---' ~ c ~ rn• W > + a ~ - ~o ~ ' ~ N ~,a ~ •a ' ~ ~ a a rn ~ ~ C ~ u ~ i _ O ~ N _, I ~ I N. SNOW =I vi+ a = N. BLACK i ~ ~ o v e~' ~c ~~a 9 '~ ~~ W ~G ~ ~•9 Y N . ~U S = i yQi ~ ~_ ~Q ~ ~ C 7'C -U ~ ~ ~m~ Cn Ct1 ~ O ~ ~ ~ - ,., ~ - _ ~~ ~, " - ~ . • +•• i ,~. 2 o ' ~O~ N u ~ e C9r ~Zx ~ o - CT+ ~ O ~ _ ~~~ ~ G ~ 't ~ f ti .~ w w an'y' ~`l i O m~G C ~ .y M m FC,~ o° "~ ~ Z ?~ ~ 9 k ~ w ~a ~~ ~' U ~ 'icy sy ~ ~ ~ ~'~ ~ FRy ~ F~ ~' 1 _ • ~; ~ 7' ~ s` •` ' _ ~~ .o o rn ~7 t u a N _ OD ~o m GB ~ '; 1 --~ • a ' j ~ N. VALMET AVE. N N. ~°~""f'."/- N 'T u r'~" ~ +-1 I _ N A W N ~ ~~1. ~7.- ~ .' ._ __~,..~tls t-~ROY ~' ~ ~~ ROAD _ ~~- - - -- --. .. - - ..... ~, . '1 i ' n '`'~ "`~ RUBBLE ENGINEERING, INC. < y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378.0329 9ti0 SURVF.~~Q' Project No. 93158 February 11, 1994 PRELIMINARY FINCH CREEK SUBDIVISION A parcel of land lying in Government Lot 2 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 5 and 6 of T.3N., R.1 E., B.M. and Sections 31 and 32 of T.4N., R.1 E., B.M.; thence North 89°46'40" West along the section line common to said Sections 5 and 6 for a distance of 1324.76 feet to the Northeast corner of said Government Lot 2; thence South 0°22'17" West along the East boundary line of said Government Lot 2 for a distance of 452.00 feet to the REAL POINT OF BEGINNING; thence continuing South 0°22'17" West for a distance of 834.33 feet to the Southeast corner of said Government Lot 2; thence South 89°38'15" West for a distance of 1324.01 feet to the Southwest corner of said Government Lot 2; thence North 0°20'02" East along the West boundary line of said Government Lot 2 for a distance of 669.05 feet; thence South 62°28'54" East for a distance of 213.87 feet; thence North 86°38'06" East for a distance of 125.00 feet; thence South 63°02'54" East for a distance of 140.00 feet; thence South 35°48'54" East for a distance of 201.00 feet; thence South 54°33'54" East for a distance of 100.00 feet; thence South 89°49'54" East for a distance of 186.00 feet; Page 1 of 2 y . thence North 0°35'48" East for a distance of 15.87 feet; thence North 68°26'52" East for a distance of 37.79 feet; thence North 79°21'28" East for a distance of 164.28 feet; thence North 79°08'05" East for a distance of 66.28 feet; thence North 74°51'34" East for a distance of 72.17 feet; thence North 0°35'06" East for a distance of 460.31 feet; thence South 89°26'12" East for a distance of 164.92 feet to the Real Point of Beginning, containing 14.68 acres, more or less. NOTE: This description is written from record data and not from an actual field survey by Hubble Engineering, Inc. Prepared by: D. Terry Peugh, P.L.S. DTP/bh/847.des Page 2 of 2 ~~ .7Q~7~7~i / 8 N'wr ntw rank. IaaM. N.A. , Dr'ed of T~rusl ` `.' f CO~.Q~r7 ~rJ (~E 17115 DEED OF TRI13T h made this 18TH Y ,/UNE Q • tnnngtheCrantor, _•EII. 8. NORUP ANU 5017!~~hfr, f~UTH C. BORUP~ IIUSNAND AND NI FE ANU_JU.YCE3IYLM._A_,yA8K1Ep~'IgyQI~L"(henin"Hnrreo'h~li"), __ _..4TENART TITLE OP IDAHO. INC. ~__ (hereln "Tr~uee'"), and the BeneOc{ary, Wi.SI'uNl:BANK.IDAHO,N.A., __ CAPITAL BRANCH whh iu principal place of huslness a Dobe, Idaho, (hereln "Lender"). --- • a national banking assxlalon BOttrow[r, in cnnsldendon of tM Indebtedness hereln reclteA and the sews hereln created. irrevocably grams anA conveys to Trus,ee, In trust, with power of sak, the rolbw{ng deserlbed propen)• located In the County of _~ AUA , Sute of Idaho: '+ FROM THE COM?ION CORNER OF SECTIONS S AND AND SECTIONS 71 AND 32, TONNSHIP 4 lIORTH, DISTANCP. OP 1449 FEET ON A BEARING OP SOUTH 89 DECREES 58.7' NEST TO THE PLACE SOUTH A DISTANCE OP 165 FEE; TIIF.NCE NORTH 89 DECREES 58.7' EAST A DISTANCE OF 'SOUTH A DISTANCE OF l,lll.94 MEET; THENCE SOUTH 89 DEGREES 21.3' Ni:ST A DISTANCL OF - NORTH A DISTANCE OF 33 FEET; THENCE SOUTH 89 DECREES 21.3' NEST A DISTANCE OF SOUTH A DISTANCE OF 33 FP.ET; THENCE SOUTH 89 DECREES 21.3' NEST A DISTANCE OF NORTH A DISTANCE 0° 649.29 FEET; THENCE r 6, T01.'~SHIP 3 NORTH, RANCC 1 EAST, RANGE 1 EAST, BOISE HERIDIAN, A OF BEGINNING; THENCE l29 FEET; THENCE 605 FEET; THENCE 16S FEE?; THENCE S50 FEET; THENCE SOUTH 63 DECREES 04 EAST A DISTANCE OF 206.35 FEET; THENCE NORTH 86 DECREES 03' EAST A DISTANCE OP 125 FEET; THENCE SOUTH 63 DECREES 38' EAST A DISTANCE OF 140 FEET; THENCE 'SOUTH 36 DECREES 24' EAST A DISTANCE OP 201 FEET; THENCE SOUTH SS DECREES 09' EAST A DISTANCE OF 100 FEET; THENCE .NORTH 89 DECREES 35' EAST A DISTANCE OF 186 FEET; THENCE NORTH 61 DECREES 08' EAST A DISTANCE OF 152 FEET; THENCE NORTH 80 DECREES 52' EAST A DISTANCE OF 200 FEET; THENCE NORTH A DISTANCE OF 450 FEET; THENCE SOUTH R9 DECREES 58,7' Wd.ST A DISTANCE (1F lOS FEET; THENCE NORTH A DISTANCE OF 452 FEET; THENCE NORTH B9 DECREES 58.7' EAST A DISTANCE OF 144 FEET TO THE PLACF. OF BEGINNING. F.XCF.PT: T:L1T P01'TION DEEDED TO IDAHO RAILNAY LLCHT AND POh1:R COtiPA.~'Y, FEBkUARY l3, 1913 IN BWK 104 OF DEEDS PAGE 217 AND 218 AS INSfRr1NENT N0. 47072. Atr Catrtq; k/~t0 rB /1s}rsax r STEwART ITTIE Tla!E ij DATE ~ a~t~a L 7 ER ~nC ~ l2 ReINJ~RESTSItATETATSDESIGNATEDhINTERVALSFOTHE EFFECTGOFIWHICB HAY8EUT0 1NCREASEHOR DiI~TCCREASE-THE NUMEER OF PERIODIC PAYMEh"IS TO BE BADE, OR EXTEND UR SHORTEN THE TERNS OF PAYNENT, OR BOTH, OR INCREASE OR DECREASE THE AHOUST OF THE PAYlBNT.. which ha the address oI ' 135 E USTICK ROAD lIERIDIAN ~DA110 83642 is""') (car) (herein "Progeny Addresi'); ToOETtER witl, atl the improvemenu now or hercarter ereaied on the property, and aD easements, rights, appur• tenanres, ,cots (including the rights and authoritin givrn herein to Lrnder to collect and apply wch rcntsl. royaleies, mineral, oil and gar rights and profin, water, water rights, and water Huck, and aU futuro now or bercaher auached to the progeny, all or which, including repkcemenrs and additions thereto, .hall be deemed to be and remain a pan o! the property a.vered by this Deed of Trun: and all of the foregoing, together with said progeny (or the Insehcld caste if this IXed of'Iruss is nn a leasehold) are herein rcfened w as the"Prope~ry'; To SEGVttE to :.ender (a) the rcpa)snent of the indebtedness evidenced by Bonower'r note Gated 06/ 18/ 90 HUNDRED FORTY AND 00/ 100 (herein "Note"), in the principal wm oITHIRTY FOUR THOUSAND THREE Dollar, with intereu thneon, providing for monthly installmrnes of principal and interest, with the balatree of the indebtedness, it not sooner paid, due and parable on 06/.18/05 ; the payer. m of all other rums, with interest therwn, advanrnl in xmrdarce herewith to protect the security of thin Deed of Truer, and the pe-tormance ni the covenants anA agreements of Bonower herein contrned; and (b) the repaymem of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraphll herell(herein "Future Advancer). Borrower covenants that Bortower is lawfully seised ref the estate hereby conveyed and has the right to grant and convey the Progeny, that the Property is unencumbered, and that Borrower will warrant and defend the tide to the Progeny against all claims and demands, subject to any declarations, earments or rnrriaiom lined in a schrdul. of exception ro coverage in any title insurance policy inwnng Lender's imerrn in the Pro)seny. IDAHO-) le r r^atuy_rris-rrwrrrurc rrnorr Irs)lrwlrr ar roass w art r~ FEB 09 '94 03~36PM PIONEER TITLE COMPANY i ~ro~ ~ ~Mnr ' aRAG~0018,in i.~a ;'•. ti a! WpK Slate Srt~ ~ ~~ ldalb 83'1 .,h, ,.1~ wM' I~'M~ ~~~ ~~ .~ , ~~t,~jL'~' A_/_~/~f , 33106513 1649UU1~17 ADA i:J. RECORDER ~- DAVIJ haVApRO BOISE If~p~~~, '93 DEC 15. P~ 3 y2 FEE-~+~~ Oki ~ AECORDEp AT'~lIE REQUEST OF ~~T~M DEED ~"'t IOIt VAwe f ~~ P~P~?IFS tiIEST, YNC, • AN IDAttO COttPORATION ~ ~~ WO~I. RM+~ ~aoiea aDd (a~,er auiecWm p ~ tttie ~~! ~STROCTION. INC.. AN IDAHO CORPORATYON 14-~ Pvr•t,P r f CSC `~~ o<1a~~v~ 9518 pAIavIFil Avt~tuE. 8025fi~ ID 9370a ~awie ~SES AT't'ACHEp F~IIFZi ~A"~ 1~HICtt 8Y ?HI5 REFERENCE $ECOHES A PART HEREOF .1ND tn1ICF1 YS COl1PRISED OP t)kB (1) PAGE,° a) `~ •~w~ n~ ' ~~ R I993 ~ s P ID ~ . FS i~ST. INC. -" ~-- -,. . ACKNOWI.kDt'i1y~~ - ~r'perwts 8't'ATE OP .. IDAUO , Couaty of ADA f ~d~, , es. Oa tbia „~~ ~ day of fi . in :bf year of -~ tcfore me rr,~O_~p_~p-~+u~-~rft~ ~ ~,iAN T ea~.~.~ . c aotery publie, ~ •••~fd t0,t~y'~f~'~~ ail thf ~~~ `~ ' Or`M9q~~~~~~lp~~'YFti~{hflA-11'YMfiitor f -• ' .~ N...., , Ad sdtnowler•'srd to me that ~ Pfrwn"whe~aoutfd th~infWmentoa behaJfof I . +•r. '+w ..tis t'poratfon ~eeulfd thf • f, •~'~Y•~R`" }~" ~ ; Notary Publ(¢ .. i ~ ~- G ^ ~ ~ Raidtiy a1: P.1i2 4 m ~ _` E pp c : W t) 6 {~ • ~ U O IL° 0 B 41 .~ N c C M N a° FEB 09 '94 03~36PM PIONEER TIJJ.€ COMPANY P.2/2 r = ,.. ~ -: -_..,r':.~ Y•4 :•~~ .~ ; ~.., iry Win' :~~1 ~N ~ • :may '•~~•My~T^V~ J.• :~649Q01 1 AA. ~,'}~1. `..:y ~N.y~. :=~~ w^:: ~ ~ ,,,,,~~, ~~~~,~ M~~ -J,.: s r. • - . Lr9$CRIpZZdlT D06t .4 :~• ~ ~ ~, .:, ,•:._. pA09~t88 HEST ~',~ '' .';~,y r„;~~~.;yi . ••,, ~ , .:~ .. 1~C1 SO®IVZSIpR IID. 4 ` r~ •,~: •'S_'~ ~ '~++^.:~~ ' .`, 'A pOBYZCi9 VY ~ 148 ~. SBC7LON d •:i +fr 1 ~'~ ''• . ,r.+ .;,.; ..r • ,~" 11E<tID=]1Y, TLS C'~OWt'iY. 2DAB~1 ' ' ~ •- ~'V fl.,., '''; • ~~. ~ • I ~ pr>;vs1. o! land Deis3 a yozti~ o; tba ~ 3t o! section d T. 3 N • . R .1 B „ .,_ `'•S.M:'. Mrsidieo~ ]1dr ~tY~ Ydube, soma pastieularly deec=ibed ae Loile~a: . ~..', .. ` °•'HAgisurirtj ah m Sros ~p• paski>sg tb4 Sonth+Ket corner o! the NB +i( oP said ' ''+ OO~ea 6~•~jep ~~ yips bpiag the noYthyeat cpXner of Meridian place gubdi~ision _~ a• filed fpx teopz+d in the o!licw of the Ads County Recorder, Boise, ' , ip Boot 60, at page. t0o5 and soodr theoee tiOOCtL 0•=0.01• Bast se'11:e ~~ t~ ~s~be~~ry~onldT actf Subdivision 0! said geetipn 6• said bonnda=Sf 4 2io. 3 as !il oY reeaYd in the oltica of said Ada County Aeeorder, in Hook 61 ae pag0~,6s49 and 62SO• to an iron pipe; " t3r~esaCe coptinuirrg NozCh 00•ZO.O1• Bast 805.88 Lest along she Meat boundary o! the ~ 3( o! acid section d to as iron pin markir~q the svuehwset corner of Ovvrramsot ~t 1 0! avid sectioo 6r ' thepCe d~=tiog last said boundary Nerth 89.39'15' east 550.00 lect along th4•SoutA boundary of said (ravorameat Lots ro an iron pin, aAid pin being the ~ gBr1L DOS! 01 BBO1i®r~br :~ Qepartl.nq said south boundary North 00.21'43• Yeat.33.00 feet to an ' • •: iratti pier ' >---~ . L, •~ ' '". tbaae: 7~osth 99•~a•SS• Bast a~ test co an iron pia: ~,: ,' .l ~ •:. ~ tj:emoe Sautb o0"21'e5• Bast 31.00 feet to est iron pin on she South boundary ' o! said aavarnoeat Lot 2r • ~; , . .,-;" thaaCa 8ouCh 99.39.15' zest 226655.•00 feet along said SoutA f+eur~darY to thr ~~; ~y rolpr py gga~Dp, roeyriein9`0'T£5 acres, nwra or leas. ~~' Y' ~ ' •~ 8da78rt Zua All exi~tin9 road right-el-`:aye, utility and dr~anage eaaemenen. .~ , ~~~' ' ~•% ~~ -• ~~ J, ~ Ufa .~ "~' ~'•. ,• , .4, ~~.it a.:^ ~ ' J ti1W: L Prepared by: Gary A. Lea, a.6./L.B.