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HomeMy WebLinkAboutLaPlaya Manor FP,. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. City Enylneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 2 Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 885.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON, Chalrrnan MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 25. 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/2/95 REQUEST: Final Plat for La Playa Manor BY: Pioneer Investments LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel Inn JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 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 FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Y71fC/''~1CiB 1~'~'1 APR 1 7 1995 ~UB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY pF M~~IDIAN "REQUEST FOR SUBDIVISION APPROVAL" Preliminary Plat and/or Final Plat Planning and Zoning Commission TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks 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 as made. After a proposal enters the process it may be acted upon at Subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: La Plava Manor Estates 2. General Location: North of Albertson's and West of Wheel Inn 3. Owners of record: Pioneer Investments Address: 11801 Florida Drive. Boise Idaho Zip 83709 Telephone (2081 378-8151. 4. Applicant: Pioneer Investments Address: 11801 Florida Drive, Boise. ID 83709 5. Engineer: James M. Rees Firm: MTC. Inc. Address: 707 N. 27th Street, Boise Idaho Zip 83702 Telephone (208 345-0780 6. Name and address to receive City billings: Name Pioneer Investments Address: 11801 Florida Drive, Boise Idaho 83709 Telephone j2081 378-8151 Page - 1 of 3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 14.97 T 2. Number of lots: 79 3. Lots per acre: 5.28 4. Density per acre: 5.28 5. Zoning Classification(s): R-8 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 7. Does the plat border a potential green belt? No 8. Have recreational easements been provided for? Yes 9. Are there proposed recreational amenities to the City? No Explain: For Occupants Only 10. Are there proposed dedications of common areas? N_ o: except Explain: Club House & Recreational Facilities For future parks? No Explain: 11. What school(s) service the area? Meridian. Do you propose any agreements for future school sites? No Explain: Senior_ Development Complex 55 Years and older 12. Other proposed amenities to the City: Meridian Water Supply: Meridian Fire Department: Other: Explain: 13. Type of Building (Residential, Commercial, Industrial or Combination)? Residential 14. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other)? Single Family and Single Family Zero Lot line 15. Proposed Development Features: a. Minimum square footage of lot(s)? 4,250 Page - 2 of 3 ~ ~ b. Minimum square footage of structure(s)? 800 & 1,200 c. Are garages provided for? Yes Square footage? 440 d. Are other coverings provided for? No e. Landscaping has been provided for? Yes Describe: Along 5 Mile drain and around the clubhouse f. Trees will be provided for? Yes. Trees will be maintained? Yes g. Sprinkler systems are provided for? Yes h. Are there multiple units? No. Type: Zero lot line Remarks: Zero Lot lines can have (2) units attached i. Are there special set back requirements? Yes Explain: Zero side yard set backs j. Has off street parking been provided for? Yes Explain: Garages and Driveways. k. Value range of property? $90,000 to $150,000 1. Type of financing for development? Bank m. Protective covenants were submitted? Yes Date April 11, 1995 16. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENT OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All Sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive plan. 3. Development will 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. Page - 3 of 3 MTC \ ENGINEERS -SURVEYORS MCCARTER TULLER CHRONIC, INCORPORATED 707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967 April 5, 1995 Shari Stiles City Planner City of Meridian 33 E Idaho Ave Meridian, ID 83642 RE: I.aPlaya Manor Estates Subdivision Dear Ms. Stiles, On behalf of Pioneer Investments, we hereby submit the final plat application for LaPlaya Manor Estates Subdivision. The final plat of LaPlaya Manor Estates Subdivision is in substantial accordance with the approved conditions and development agreement of the City of Meridian. This single family and single family zero-lot-line residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this pmject. 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 five (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. James M. Rees, P.E. April 9, 1995 Job No. 94-283 94-283 SUBDIVISION EVALUATION SHEET Proposed Development Name LA PLAYA MANOR ESTATES City MERIDIAN formerly BRANDON CREEK ESTATES Date Reviewed 03/30/95 Preliminary Stage XXXXX Final Engineer/Developer MTC, Inc. Enor. /Pioneer Investment Inc 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. Th~ followina existino stre r name shall aonear on the plat as• - 'N MERIDIAN ROAD" The followina new stree+ names are approved and shall appear on the plat as "E SPINOSA DRIVE" "N IBERIS AVENUE" "E ARMEL DRIVE" "N B ENA VISTA AVENUE" "MONTE CARLO" is a duplication and therefore cannot be used SATINWOOD SHADBERRY SHAPOLILLA GALLBERRY and fi9Nf3tiCiftf r-c~~~~~y•- goo ~~~ ~ l~a~Y~ ~ r~.~4~- The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representative NOTE: A copy of this evaluation sheet must be presented to the signing the "final plat", otherwise the plat wit not be signed !!!! Sub Index Street Index CY R PRESENTATIVES OR DESIGNEES Date n~ Date -3 30 ~j' ~ Date 3 ~ qs County Engineer at the time of NUMBERING OF LOTS ANO BLOCKS ~E L/3~t~I~ ~~/AI.I~lAltvr~ -. ., .. .. j PIONEER TITLE COMPANY ". OF ADA COUNTY 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 SPACC ADOVC FOR RCl_ORDINO D/ :.~~>a ~w~~uiura~.~ot~iaraui;ta~~t~~rau~~t~~~t~~as ~~1~~ut~t~tu~tau)r t~u-t>ararata?r~ra! tosta~ tats ,f ' WARRANTY DEED '~~ (INDIVIDUAL) ;~ FOR VALUE RECCIVGD RICHARD MELICKIAN, AS HIS SOLE AND SEPARATE PROPERTY, HIS UNDIVIDED 8.342 interest F GRANTOR(S) dots (do) lurcby GRANT, BARGAIN, SGLL and CONVEY unto PIONEER INVESTMENT, INC. , AND IDAIiO CORPORATION GRANTCG(S), whose current address is: 11801 Florida Dr. , Boise, Idaho 83709 Ilic following described real property in ADA more particularly described as follows, to wit: County, Stale of Idaho, SEE EXHIBIT "A" ATTACiIED HERETO AND BY REFERENCE MADE A PART IIEAEOF TO IIAVC AND TO HOLD the said premises, wish their appurtenances unto the said Grantee(s), and Grantccs(s) I-eirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premiss arc free from all encumbrances, EXCEPT those to which This conveyance is expressly made suhjcct and (hose made, suffered or done by the Grantee(s); and abbject to reservations, restrictions, dedications, easements, rights of way anJ agreements, (if any) of rernrd, and genera) taxes and assessments, Includes irrigation and utility assessments, (if any) for the current year, wl~icit are not yet due and payable, and 'that Grantor(s) will warrant and defend the name from all lawful claims whatsoever. Dated; pUCUST Q 1994 _C_/ • /I ~ /I ~ s>` acxrlo State of P~~t FoRr.et A 1 County o! V. C-'t~1!Tv ILA J N~tf1~1/,,1~I(-'1~p(~(~ f(~~ ~n7 ~,t n n , . ~ g " `; - Q ~ belore me. ~W/~1WL~t5,U ,Uo tU- i;iLt,L,t;IU 1j Qp wre r1WE,iaV<tYan~ta•ca- J41[a0EM0rMf twatt '•personalty appeared _{Z1 C t4 A Rh ` 'l ~'I E L t C k R r•L - tw4ttsi os at'3wERrn D personalty known io me - OR - proved to me on the basis o! satisfactory evidence • to be the person( whose name( is/~ subscnoed to the within Instrument and ac- knowlorine•1 ~., n,e,1,.,, ~,...~~..[wti.~t. ___-..._~ --..s-- -------•-- ~~. • 9 'i u I' t I,~ r tj ,~r?~: co. rtLCnRI,Ca ""I~_ i:l~`~'.i RO J. U,. BOISE IU PIONEER 11TLI4 '94 fiU~ 2 •Fli~i 1 1 _ ..oL,~. FEE~~- ~!• RECORUEU Zf 11iE IiEUUES7 OF CAPACI~TY'~C~L~AIMED 6Y SiGNER p coiaPOnAtE n cntsl ~.~. Q PARTNER(S) ~tsl Q ATTORNEY•iN•FAt:T Q TRtIStEER1 ^ SUBSCRi81NG wRNE55 ^ GU11ADtAN/C.ONSEAVATOR n oi-tEa~ •~~ PIONEER TITLE COMPANY OF ADA COUNTY 82! West Slate Street /Boise, Idaho 83702 (208) 336-6700 t.,.. ~ :~. R~RGER ©OISE ID rIONEEA TITLE '9`f fiUG l~ N('I . 1 FEE .~~...- i.. RECOIit)EO Nt ii~E ~:!'JUEST OF R8R North Cole Road /Boise, Idaho 83704 (208) 377-2700 SPACE AaOVE FOR RECORDING DATA t:'4?OQ ~fi AI~1.41u! ~OQ~A(1bI10! ~2 i:~ r~ rot: vnLUe ltecervED w~ta7aIID~~15Ibid~lO~ZlAid~l~ilbSl~lU! A~14~~a l0I AS ~G;16! 10S~t1~ lQiOl WARRANTY DEED (INDIVIDUAL) GARY MELICKIAN, as his sole and separate propertq, his undivided 8.1332 interest GRANTOR(S) sloes (do) hereby GRANT, DARGAIN, SELL and CONVEY unto PIONEER INVESTMENT, INC.. AN IDAHO CORPORATION CRANTEE(.5~, wl+ose current address is: 11801 Florida Dr. , Boise, Idaho 83709 tl~e following described real property in ADA more particularly described as follows, to wit: County, SIa1e of Idaho, SEE EXIiIBIT "A" ATTACKED HERETO AND BY REFERENCE MADE A PART HEREOF Tt7 I IAVE AND TO BOLD the said premises, with their appurtenances unto the said Grantee(s), and Granlea(s) heirs and assigns forever. And fife said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/ere the owner(s) In fee simple of said premiss; that said premises are free from ail encumbrances, EXCEPT those to which this conveyance is expressly made stthJect and those made, suffered or done by the Grantee(s); and subject to reservations, restrieliona, dedications, easements, rights of way and agreements, (if any) of rernrd, and general taxes and assessments, includes irrigation and utility assessments, (if eny) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: August ~ , 1994 G RY IzELiCKiAN ~ r ___ •.; STATE Of V irc~ivli0.. County of ~'irrq ~; u, ~:1.•" • ~+ •; ~.• c; . i O this 5 day of Aug++nY dntheyearof ' tgoG •~ .~''' ;before me i ~tt' r p ~a h inv, a EI a Notary Public, personally appeared , ' ~,. ~ f:arv Melle•lrlnn • ~'. n n'"'~r,. ~• H known or identified to me to be the person(s) whose name(s) is sub~rib, dotl+ , ithi8. instrument, anJ acknowledged to me that _ he _ executed the same. ~ ~ '•., ~, Notary Public: a-~~ ~ : ~ • ~ ~ ~ ' '' Raiding at: { t n ~'~ ` v ~~ My Commission Expira:.~~ u- ' `~ . '•t `Y~•`; 7 V ~ `' ~ .~ r ..~' PIONEI~ITLC COMPANY OF AOA COUNTY 821 Wrst State Strt:et /Boise, Idaho 83702 (208)336-6700 888 Nortlt Cole Road /Boise, Idaho 83704 (208) 377-2700 l; t; ~f RCCURUt:R BOISE IU PIONEt~A'Tln-~ '9`I FlUG 12 fil`I 2 FEE~~ RECORDtU hT i 1:~ 4I: ~~i:~UEST OF :;4AI lG1lDId1S?1i! 1111I0Ilbllbiii ~~ ~~ ',^~ FOR VALUE RECEIVED SPACE AOOVE FOR RECORDING DATA st,~u,:~~c-s~i:rau~~u~uuau~ ~r1<~~u~raraw~ latos~a~~au~ WARRANTY DEED (INOIVIOUAL) DAVID S. PIFARI AND KAREN PIFARI, husband and wife as to thier undivided 12.Sx interest GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto PIONEER INVESTMENT, INC. , AN IDAHO CORPORATION GRANTEE(S), whose current address ts: 11801 FLORIDA DR. , BOISE, IDAHO 83709 tlw following described real property in ADA more particularly described as follows, to wit: County, State of Idaho, SEE EXl1IBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF TO IIAVI? AND TO IIOI.D the said premises, with their appurtenances tlnlo the said Grantee(s), and Crantees(s) heirs and assigns forever. And tine said Grantor(s) does (cio) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances. EXCEPT those to which this conveyance is expressly made stthject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes lrcigation and utility assessments, of any) for the current year, which are not yet due and payable, and that Grantor(s) will wercant and defrnd the same from all lawful claims whatsoever. Dated: August _, 1994 ~~0 David S. P fa ~~ • ren ar STATE OF - I aho County of ADA - - ss. onthts 4TA aayor____Auguat LESLIE D. POTTS In the year of-I994 before me ~t•uususrs~ a Notary public, personally appeared ~~-D'" ~ David S. Pifari and Karen Pifari ;~~,~";Wtiti~j;~tD~SOf to he the person(s) whose name(s) are ~1ts1-itfT~O,TAR ~~Bed to me that the ~ subscribed to the within 'i Y_ atecuted the same. r t: +* ~ A ~~' * S Notary Public: ~~ N V$LlG iy Residing at: _ BOISE, ID ..•,:.~~A ;•_':~ w~~•`••,f MY Commission Expires: __ 3 /8 / 2000 rtiCtiPlt'i~lim';<]1T~'iiVT-''~Di~(ltigfiq'11~T141~Z3t7~C-L [~TCf591~tigISC-t'i0i;U1i0ii7riDFi()twYnmsr,s~v P10N ~ ' R Z~[TLE COMPANY OF ADA COUNTY RZi Wcst Slate Street /Boise, Idaho 83702 (208) 336-b700 RR8 North Cole Road /Boise, Idaho 83704 (208) 377-2700 AI.. ::D. itCC~CR BOISE ID PIONEER?11t.~ •i '94 f1UG .~.2 HI'I 1 FEE V. RECOfiUED al 1111: 1(EOUEST OF SPACE ADOVE FOR RECORDING DATA at?OQ 1G4 7D~1i111G l0~JA1 lG 10.r >r~ZD1~Ib.Zbild~>Q>Q iASIOS?dI7bS~IbS10t l(lilOSlbilGii0I1GSlU! 1~ taI iC1<10570! 10! IG:IOSlOS10~ WARRANTY DEED (INDIVIDUAL) roR vALUC RrCGIVED CAROL I. STINER, A SINGLE PERSON NOW AND AT ALL TIMES SINCE TiIE DATE OF ACQUIRING TITLE AS TO FIER UNDIVIDED 12.5 Z interest ORANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto PIONEER INVESTMENT, INC. , AN IDAHO CORPORATION CiLANTt?E(S), whose current address is: 11801 Florida Dr. , Boise. Idaho 83709 tl,e following described real property in County, State of Idaho, more particularly described as follows, to wit: SCE EXIIIBIT "A" ATTACIIED fiERETO AND BY REFERENCE MADE A PART HEREOF TO I IAVE AND TO I TOLD the said premises, with their appurtenances unto the said Grantee(s), and Oranlees(s) heirs and assigns fnrever. Anti Il,e said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in tee simpl! of said premises; that said premises are free from ail encumbrances, EXCEPT those to which this conveyance is eapressiy made subject and those made, suffered or done by the Grantee(s); and suhjeM to reservations, restrletions, dedications, easements, rights of way and agreements, (if any) of rernrd, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warcant and defend the same from all lawful claims W11a15MVlr. . t)ated: August ~, 1994 ~ ~ n (~ . Cx.~.a-c.. ~ 1 Carol I. Stirrer :'S .e _ STATP. Of+ Idaho County of Ada a. Onthis~~ dayof_AuSust T)av d~ X18 in the year of 1994 before me is y~ .. ~ a Notary Public, penonaily appeared ~ Car :I. . k:nown~ ideriti k, t~ rll~ko )~ie person(s) whose name(s) s serib the within ~' mstnirr~en(,, and ackt~wiedged to ~me that Bhe _ executed the s . ^ d . ~ ' Nolar S ~ ~~l' ,, ~h ~ Raiding at: Merida I a o '' ' My CommissionExpirea: 1 -28-99 lit t0i>rJ1'~iQi ~l i0(i'3Ti41 ialiQliOi ;97 i()ii711rf Sl?1i'9~?t~11'(1113T1'1'91~.'Ti':EiQll~l i~7 itti~l ;c-fw~tr, w w w.....,..... _ _ . i• •~ ~~ ~, ~ PIONCER TITLE COMPANY '~ OF ADA COUNTY 1 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 ~ I V 1 i V V ~ r.t.: c"~~-cuauEa BOISE ID PIONEER TITt-L t sti su~ z nri i z FEE ~.~--. ;•;. i . RECOitUEU AI ;!iL'• ;t~OUEST OF SPACE AaOVE FOR RECORDING DATA 'aS?04I1,41041JS1G104104104104704i0.1(~Atl~~l0I111L105~0.Z0I10S1~,1~ilOSIl1I?~IOIl~1b:lU11011E141C1I1D! 10;16:11,:1O110SdA~ IDIlI 2 ~~ WARRANTY DEED 1 ^~ (INDIVIDUAL) ^~ ITOR VAt.UE RCCCtVED ELAINE RALPH, as her sole and separate property, as to her ;3 undivided 8.33Xinterest ~~ GRANTOR(S) does (do) hereby CRANT, BARGAIN, SELL and CONVEY unto PIONEER INVESTMENT, INC.. an Idaho Corporation ~f GRANTEE(S), whose current address is: 11801 Florida Dr. , Boise, Idaho 83709 Ihe following described real property in ADA County, State of Idaho. more particularly described as follows, to wiL• SEE EXI(IBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF TO IIAVI? AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forcvcr. And Ilse said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises arc free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by Ihe Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general fazes and assessments, Includes irrigation and utiltly assessments. (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from ali lawful claims wi+ntsoever. Dated: August 1994 r • e ,Ralph STATE OF NEW YORK , County of ~~/~N) , ss. On t i I day of AI+g1,a * , in the year of 1994 . before me / a Notary Public. personally appeared ELAINE RALPH known or identified Io me to be the person(s) whose name(s) ie subscribed to Ihe within instrument, and acknowledged to me that ~ he _ executed the saint:. `~, / n RUTH CUtiRL-Y Notary t'ubttc: / ~~ `'~o~~'~ Notary Pubic n fio Sttta of Naw Yak Residing at: ~i ~ tltafifitd h [ialG.mn Co. No. 4~10/9~6 My Commiuion Expires: _ l t!f Cutxrission [:giros Attgu:l91,1~f ~~ (y ...,. • . PIONCCR TITLF. COMPANY •~ OF ADA COUNTY ~ - 821 West State Street / Doise, Idaho 83702 (208) 336-6700 8R8 Nortit Cole Road /Boise, Idaho 83704 (208) 377-2700 ~ i U 1 lur.• ia1.~ l•~J. Itt:CUTUCCi ~. ok~~lo I;~vr,rao DOLE ID piONIwER?iT1-E ' 9`I R/U-G 1' Af't 10 2r FEE i~-_- 0~1' RECOIiUEU AI 111E E;EUUEST OF SPACE AUOVE FOR RECORDING DATA ,Slb4lGS AI1J1lG r11t10S l0i ll1! IA1~11EIA,I~IaIIb1Ib~11111b1IbT711<Ib11bI1~IbIR'L. WARRANTY DEED (INDIVIDUAL) i'OR VALUE RECCIVED JAMES H. BEES AND ELEANOR V. AEES, HUSBAND AND WIFE, as to thier undivided SOx interest CRANTOR(s) does (do) hereby GRANT, DARGAIN, SCLL and CONVEY unto PIONEER INVESTMENT, INC. , AN IDAHO CORPORATION GRANTTE(S), whose current address is: 11801 Florida Dr. , Boise, Idaho 83709 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF s~ ~, TO IIAVI? AND TO lfOI.D the said premises, wish (heir appttrtenanm unto the said Granttx(s), and Graniees(s) heirs and assigns fnrever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s). the Grantor(s) is/are fire owner(s) in fee simple of said premises; that said premises are free from all encumbrenca. EXt~PT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subjtxt !o reservations. reslricllons, dedications, easements, tights of way and agreements, (if any) of record, and general taxes and assessments, tneluds irrigation end utility osseumenls, (if any) for the current year, which are not yet due end payable, and that Grantor(s) will warrant and defend the same from all Lawful claims whatsoever. ated. Augus~t~j~J 1994 ~~ -- _ e-~N// a eanor 4-Rees tr'~ :. .. Ada - u. • STATE 0~,..~;Lflaha ,County of (ln titi3 ~ ~~ t:~~~ ~T day of A„g~~a r - In the year of 1994 before me r ~.nA,~~r~p ti t A . a Notary Public. personally appeared r knownAridentitll,llo~~""e~to~gt:theperson(s)whosename(s) scribed the within -~• ' instnt)r?e:nt, pnl gcltriptvled jitd io me that _~ he Y. executed the :. s• ~~ ' '~ `~~~ 1' ~ ~ •.`~, t ., Residing at: ._Me11di8a, Tdnhe S LO-28-99 k~ My Commiuion Expires: COMMITMENT FOR TI LE INSURANCE • SCHED ULE C Fi1o Number P132479 The land ~eie~red to In this Commitment Is described as ioltows: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6. THENCE ALONG THE WEST SECTION LINE OF SAID SECTION 6, NORTH 0 DEGREE Ot'3p' WEST 1004.13 FEET TO A POINT, THENCE SOUTH 89 DEGREES 58'30' EAST 30.00 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING, THENCE EAST 204.30 FEET TO A POINT; i TFIENCE NORTHEASTERLY 31.84 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 52 DEGREES 07'00", A RADIUS OF 35.00 FEET, AND A LONG CHORD WHICH BEARS NORTH 63 DEGREES 56'30" EAST 30.75 FEET TO A POINT; THENCE NORTH 37 OEGFiEES 53'00" EAST 48.79 FEET TO A POINT ON THE CENTERUNE OF 5 MILE CHEEK; THENCE ALONG SAID 5 MILE CREEK CENTERUNE THE FOLLOWING COURSES AND DISTANCES; NORTH 52 DEGREES 50'27' WEST 79.99 FEET TO A POINT; NORTH 6 DEGREES 10'09' WEST 225.61 FEET TO A POINT; THENCE LEAVING SAID CENTERUNE NORTH 88 DEGREES 44'30" EAST 1095.83 FEET TO A POINT; THENCE SOUTH 0 DEGREE 10'00' WEST 330.00 FEET TO A POINT; THENCE SOUTH 88 DEGREES 44'30" WEST 66.00 FEET TO A POINT; THENCE SOUTH 0 DEGREE 10'00" WEST 571.82 FEET TO A POINT; THENCE SOUTH 88 DEGREES 16'00' WEST 102.06 FEET TO A POINT ON THE CENTERUNE OF SAID 5 MILE CREEK, TI~ENCE ALONG SAID 5 MILE CREEK CENTERLINE TIDE FOLLOWING COURSES AND DISTANCES; NORTH 65 DEGREES 16'46" WEST 91.18 FEET TO A POINT; NORTH 52 DEGREES 50'27" WEST 886.26 FEET TO A POINT; 7FIENCE LEAVING SAID CENTERLINE SOUTH 37 DEGREES 53'00" WEST 49.55 FEET TO A POINT; TI-IENCE SOUTHWESTERLY 86.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 52 DEGREES 07'27", A RADIUS OF 95.00 FEET AND ALONG CHORD WHICH BEARS SOUTH 63 DEGREES 56'30" WEST 83.46 FEET TO A POINT; THENCE WEST 204.28 FEET TO A POINT; ' THENCE NORTH 0 DEGREE 01'30' WEST 60.00 FEET TO THE TRUE POINT OF BEGINNING. ENO OF LEGAL DESCRIPTION • • i }!i, ;~ t a e ~t ~ ~ ~ i' ~ ~ d{ ~ %i ~~ + ie~ ~ f; . , ,tit ~~ ~ t Z f~ ~`i ~ ~~ ~~ ~~ ~ ~~ firr; ;~i~ ~ ~' : ~~ ~{{ ~ 1..4 d i~ ~ ! d~ ~i ~~ ~~ ~ _ _ a.n . . • . 1 ~-aya ~K ~~.p~~~. ~/ 46 ~ ____ '.. ~~ _ _ 7NNJ/~V VISIA ~YNfNN N + _ ~ ~ ~ :.,,,_/ // ~i~,y W ~m r. ~ ~ ..+~ H l u .may. j ~• ~/~~j /// ..~ , a ~1: .I m,i ~ 0'~f / ~~ ~illi ~ld~7d~dl~~~D - ~-~, t ~/ \~ / .~~ , // ~ i ~iiiiil97iiiiltiii9iiliiiiii8liiii ,/, ~``' / i ~~' ~i6iE~ElEtEE~EE~E~~l11lEl~6€iiilii 1 ,I r~ _~\~~~• ~157lis7ifi77!li11li!liii!!liiil7! _ ~ ~,p~ I ° _ +1i9lIli7fitf!!ilii7711lifilliitii + ~ ~„ „,,, w~°°~V W ~ Ililtilifii011ilflitilili11f1!lift ° ~ _ - -J • ~~°{_~ ~y iiliEiEtlll~Eil6li~~iiiiEEEillliit icu.e.s ~s lc+t t16t6t ®IBIf 1!6111011 ~j - ~ W ~€ I~ @3~ .. . + ,-.f... e+ f~ .~...n c.v,-. nrm, ~Ml~narsosa•a V ~~0 MI avow xvna». ~x • • MTC ENGINEERS -SURVEYORS MCCARTER • TULLER ~ CHRONIC, INCORPORATED 707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967 April 5, 1995 Shari Stiles City Planner City of Meridian 33 E Idaho Ave Meridian, ID 83642 RE: I.aPlaya Manor Estates Subdivision Dear Ms. Stiles, On behalf of Pioneer Investments, we hereby submit the final plat application for LaPlaya Manor Estates Subdivision. The final plat of L.aPlaya Manor Estates Subdivision is in substantial accordance with the approved conditions and development agreement of the City of Meridian. This single family and single family zero-lot-line residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this pmject. 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 five (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. Y~ James M. Rees, P.E. April 9, 1995 lob No. 94-283 • 94-283 SUBDIVISION EVALUATION SHEET Proposed Development Name _LA PLAYA MANOR ESTATES City MERIDIAN formerly BRANDON CREEK ESTATES Date Reviewed _ 03/30/95 Preliminary Stage XXXXX Final Engineer/Developer MTC. Inc. Enar /Pioneer Investment Inc 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 followina xistina street name shall appe r on the plat a@• "N M RIDIAN R A " The followina new street names ar a an roved and shall a ppear n the plat ac • w "N IBERIS AVENUE" "E. ARME DRIVE" "N. 6 NA VI TA AVEN E" 'MONTE CARLO" is a duplication and therefore cannot b ~ Hcucts~zw~ =L-~RR~'d "SATINWOOD" "SHADBERRY" "SHAPOLILLA" "GALLBERRY" and "+16tdf3tiPiEi~" M~-t'.~~8~=~P2y.- ~ 00 SE TZ~ MAe~ll ~~ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representative cr R PRESENTATIVES OR DESIGNEES Date Date -3 30 cj' ~ Date 3 ~ ~S NOTE: A copy of this evaluation sheet must be presented to the signing the "final plat", otherwise the plat wil not be signed !!!! Sub Index Street Index County Engineer at the time of NUMBERING OF LOTS AND BLOCKS -~E LI3v I ~ r r WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, Clty 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 L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney May 6, 1996 ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY r A Good Place to Live WALT W. MORROW, Presiders CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Depapment (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers Lionise (208) 888-4443 JIM SHEARER GREG OSLUNO ROBERT D. ~RRIE MALCOLM MACCOY Maya Dennis McGrew Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2050 or 861-4340 fax 322-2032 Re: Street Lights at La Playa Subdivision Dear Dennis Street Lights have been installed by the developer in La Playa Subdivision. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian. The six (6) street lights are located at: Lot 8 Block 1 Lot 14 Block 1 Lot 46 Block 1 Lot 13 Block 3 Lot 2 Block 3 Entrance Way @ Meridian Road - 250 watt See attached map for additional information. Pfease use this letter as your authority to activate these street lights. Sincerely ~. William G. Berg, Jr. City Clerk f . i • • ELECTRICAL PERMIT Issued: 11/20/95 Per^m it No: 7116 DWNER/APPLICANT________________________PROPERTY LOCATION------------------------ PHIL KIRHY I 1 LA PLAYA SUH MERIDIAN, ID 83000 i i Lot: Hlock: Long Legal: ^c08/000-0000 I Sub: T: S: I Parc No: I CONTRACTOR_____________________________DESIGNER------____----------------------- HOISE ELECTRIC I 3100 PLEASANTON I HO I SE, I D 83702 I , 208/345-8434 I 000!000-0000 i PROJECT INFO____________________________________________________________________ Pr.j Value: ~6, 975.00 I Temp Service: Pr^.j Type: I Residential Service: Occ Type; I Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: IOther:STREETLIGHTS I PROJECT NOTES___________________________________________________________________ INSTALLATTON OF 6-100 WATT STREETLIGHTS...ENTRANCE, L8 H1, L14 H1, L46 H1, L13 H3, L2 H3 INSTALL 1-250 WATT STREETLIGHT AT ENTRANCE PROJECT FEES ASSESSMENT--------------------------------------------------------- Amount Paid: X139.75 TOTAL ELECTRICAL FEE: X139.75 Halance Due: $0.00 I v.~. ~ I ~ ~ EE ~ v ~ ~y i~ • ~ ~,~ a IS 0090'00' W - ' ^ I ~ S 00'14'00" - ' ~_ rr § ~ a 9 a Q n x t, ssoa •~ vso. ea - . r _ _ ~- ~ ''~` :. 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W ~~ ,~~ ~ 11 i1 r ~ ~ ~ g ~ ~ ~ ~_ ~~ a ~, , ~~ ~ ~ ;;~~. ,~ CITY OF y_ ~ ,~' ~'~ v IDAHO ~j is ~-~ k ~~ ~ RF:\SLRE V ~l.~Y} SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W.Sth Street 888-5242/fax 884-1159 March 9, 2005 Betty Price Secretary, LaPlaya Manor Estates 350 East Carmel Drive Meridian, ID 83642 Dear Ms. Price RECEIVED MAR 1 '~ CityC~eMkOff ee City I have been forwarded your letters concerning a streetlight that is not functional along North Meridian Road and East Carmel Drive. In researching this area, the streetlight in reference is not functional due to lack of a power source at this time. When LaPlaya Subdivision was developed, the developer was required by the City to install streetlights within the development. This streetlight was required to be installed knowing that there was not an electrical power source available. To help with lighting the intersection of these roads, a streetlight was installed on an existing pole on the west side of North Meridian Road. The streetlight was placed on North Meridian Road with the understanding that once a power source is available this streetlight would be activated. Typically a power source would be available as property develops and all utilities (i.e. telephone, cable, electricity) are installed at the same time. Should you wish to be heard by the Mayor and City Council for further consideration and explanation, please contact the Mayor and request to be placed on an upcoming agenda. Sincerely 1 ~~ Karie Glenn Department Specialist Supervisor Meridian Public Works Department Cc: Mayor & City Council Will Berg Bruce Freckleton CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITI' CLERK-FAX M8-4218 HUJIAN RESOURCES-EAX 884-8723 FINANCE ?~ UTILITY BILLING-EaX 887-4813 \tAl'OR'S OFFICE-Fi1X 884-81IJ • • Meridian City Council September 19, 1995 Page 30 (Inaudible) Kingsford: I guess we can't hear from Louise either then. ITEM #23: COVENANTS, CONDITIONS AND RESTRICTIONS FOR LA PLAYA MANOR: Kingsford: Has Counsel reviewed those? Crookston: Yes I have. Kingsford: What is your finding? Crookston: They are fine. Kingsford: Is there a motion for their approval? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the CC&R's for La Playa Manor Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: DEPARTMENT REPORTS: Kingsford: I see several of you sitting here that I know had some concerns with regard to the items that were tabled. Do you wish clarification on that do you know what we did there? (Inaudible) Kingsford: I didn't want you to sit here thinking this was great fun and not being heard. Mr. Smith? ~. Smith: Mayor and Council, the first item I have on your agenda is I would like to initiate whatever is required to annex the waste water treatment plant property into the City. I don't know who starts that process. Councilman Morrow and I have discussed that and we feel that it is necessary for us to have that property within the City limits. So we feel we don't need to deal with the County on expansions and so forth at that site. • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 19 1995 APPLICANT: ITEM NUMBER; REQUEST; CONVENANTS CONDITIONS AND RESTRICTIONS FOR LA PLAYA MANOR AGENCY COMMENTS 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: All Materials presented at public meetings shall become property of the City of Meridian. RECEI'iIED DECLARATION OF PROTECTIVE SEP - 5 1995 RESTRICTIONS AND COVENANTS CITY OF MERIDIAN LA PLAYA MANOR ESTATES SUBDIVISION I KNOWN ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify and declare: That Pioneer Investment, Inc., an Idaho Corporation, is the owner in fee simple of the following described real property, located in Ada County, Idaho: All of the lots in LA PLAYA MANOR ESTATES °" ISION, according to the official plat thereof, on file in the office of the Recorder ~ " State of Idaho, as shown by Book of Plats at Pages and ~ County, Idaho. ~, ~' LA PLAYA MANOR ESTATE, ~' ,~ sing for the senior citizens their w ~ i with limited access with where people can own o ~ ~ , property use restrictions designer, ~idents. To that end, the following restrictions shall be apply °nefit of and limitations upon all present and future Owners A. LOT USE: All Lots shall be use ,.;s except the club house lot. The Owner of each lot shall coml. a Jnit as permitted herein with two (2) years after the date of the firs ~ an Owner by Declarant. To the extent permitted by law, The ..~ing Amendments Act of 1988 (Section 807/24 CFR 100.300 et seq.), no person may regl, _ariy reside upon or occupy a Lot unless at least one (1) person fifty-five (55) years of age or older regularly resides upon or occupies said Lot. Occupancy by one (1) person at least fifty-five (55) or over shall not be required in the event the fifty-five (55) or over occupant dies and leaves a younger spouse or other occupant under the age of fifty-five (55). Such occupancy shall be permitted only if said residency or occupancy does not result in less than 80% of the then occupied Lots being occupied by at least one person fifty-five (SS) years of age or older. Temporary variance from the minimum age limitation may be permitted by the Board under the following conditions: 1. An older resident living alone requires care by a younger relative. Page - 1 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • 2. When Residents suddenly find themselves legally responsible for the care and housing of immediate family members. III That all of the real property and all lots, parcels, or tracts thereof, and any conveyance describing all or any part hereof, either by reference to the official plat of said subdivision or by a number of designations therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interest, the grantee or grantees and their heirs, executors, administrations, successors, and assigns, and each of them, agree with each other as to the property so described or conveyed in or by such conveyance, as follows: A. ASSOCIATION: Where "Association" is referred to in this document, it shall mean and refer to the LA PLAYA MANOR ESTATES SUBDIVISION HOME OWNER'S ASSOCIATION, INC., an Idaho non-profit corporation, its successors and assigns. B. BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lots, except the club house lot and be restricted to single family dwellings which may include; duplex, zero lot line dwellings. No structure shall be erected upon any residential building site other than residential dwellings and accessory buildings, none of which shall exceed two (2) stories in height. C. TYPE OF BUILDING: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. All building plans shall be approved by the Architectural Control Committee. D. MINIMUM BUILDING SIZE: All residential single family dwelling buildings erected upon said property, shall have a minimum floor area of not less than 1,200 square feet on the ground floor, minimum square foot for one-half ('/z) duplex unit 800 square foot per side (exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures), except two (2) story houses shall have not less than 750 square feet on each floor, and a minimum of a double-car garage is mandatory for each singe-family unit; that zero lot line duplexes are allowed as townhouses and meet the Fire & Life Safety Codes. E. BUILDING LOCATION: No dwelling house, garage, nor any part thereof, nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected with less than a five (5) foot per story side yard of the house; except, buildings on corner lots shall be at least twenty (20) feet from the side street. Page - 2 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • On zero lot line, duplex units, no building foundation or walls shall be erected with less than (5) foot side yard on one side of the unit. For the purpose of this covenant, eaves, steps, and gutters shall not be considered as a part of the building: PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building or any side to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. F. BUILDING SITE: A building site shall consist of: 1. A minimum of one (1) of the residence tracts as platted in said plat, and as described in a deed or conveyance; or 2. A parcel composed of portions of one (1) or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimensions and areas being in conformance with the requirements of Subdivision and Zoning Ordinances effective at that date. G. MOVING OF BUILDINGS -CONSTRUCTION OF OUTBUILDING5: No building or structure shall be moved onto said real property from any land outside of said plat. No trailer houses shall be parked in any street, or within building setback lines. No trailer, basements, tent, shake, garage, barn, or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other similar small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. H. PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including painting, within eight (8) months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. I. OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot. J. EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in Page - 3 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision. K. REFUSE DISPOSAL -MATERIAL STORAGE: No machinery, appliance, structure or unsightly material, junked or dilapidated vehicles, or automobile parts may be stored upon any piece, parcel, or portion of said subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, bush, growth, or refuse. L. FENCES -HEDGES: No fence, hedge, berm, or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event shall it be greater than six (6) feet in height, behind the building front or side street setback lines, above the finished graded surface on the street side sidewalks or the ground upon which such fence, hedge, berm, or wall is situated, except, if on a berm the height of the berm shall be deducted from the otherwise allowed height. No fence, hedge, berm, or wall shall be constructed in front of the front side street setback lines greater than four (4) feet in height if open chain link fence or three (3) feet in height if solid fence; except, if on a berm the height of the berm shall be deducted from the allowed height of the fence. No fence, berm, wall, hedge, or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at point thirty (30) feet from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway, or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage lien is maintained a sufficient height to prevent obstruction of such sight lines. M. LANDSCAPING -REQUIREMENTS: Landscaping of front and back yard is to be completed within thirty (30) days of substantial completion of home or within thirty (30) days of occupancy, whichever is earlier, to include sod in the front and back yard, automatic sprinkler system, front and back yard, one flowering tree of at least one and one-half inch (1.5") caliper or conifer tree of at least six (6) feet in height, three (3) five gallon plants, and five (5) one gallon shrubs. Berms and sculptured planting areas are encouraged. 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. Each homeowner is required to have aphoto-sensitive pole light, wired to breaker panel, installed in the front yard within fifteen (15) feet of the front property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulk power of 40 watts. Page - 4 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • N. NOXIOUS USE OF PROPERTY -SPITE FENCES: No portion of the real property nor of a building site nor any structure thereon shall be used for the conduct of any trade, business, or professional activities. Noxious or undesirable acts or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category shall be conclusive upon all parties. O. GENERAL APPEARANCE AND NEATNESS OF PROPERTY: No recreational vehicles nor other vehicles larger than athree-quarter (3/a) ton pickup shall be parked on any lot in LA PLAYA MANOR ESTATES SUBDIVISION nearer the street than the front line of the dwelling, or in the street right-of--way. For the purposes of the Protective Restrictions and Covenants, recreational vehicles shall include, but not be limited to: boats, campers, motor homes, snowmobiles, motorcycles, and race cars. All maintenance work performed on the above vehicles or personal automobiles shall be done inside the garage with the doors closed. No vehicle shall be parked in the street over night. All Grantees in LA PLAYA MANOR ESTATES SUBDIVISION shall maintain their property in a neat and orderly fashion. A front yard light and landscaping must be installed within thirty (30) days from the time the dwelling is occupied, unless weather does not allow for installation, and must be maintained and watered. It shall be the responsibility of the house builder to install the front yard light and landscaping. All Grantees shall maintain the dwelling in good repair and appearance and shall not allow the buildings, fences, landscaping, or any other part of the property to have a shoddy appearance. P. BILLBOARDS -SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period. Q. ANIMALS: No livestock, excepting dogs and cats, shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted (no more than two) and only as pets, and no boarding or commercial enterprises will be permitted. Habitually noisy dogs shall not be permitted. No dogs shall be allowed to run at large. R. ANTENNAE: Installation of radio and/or T.V. antennae is prohibited outside any building. Installation of satilite dishes is also prohibited without written permission from the Architectural Control Committee. Page - 5 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • S. PRESSURIZED IRRIGATION SYSTEM: As required by Settlers Irrigation District, the Developer will provide pressurized irrigation water to each homeowner all common areas in La Playa Manor Estates. A. Purpose: Pressurized irrigation systems are designed and provided as a supplementary system. They are not capable of meeting all water requirements, especially during high demand months of July and August. The systems are not intended for year round water requirements. B. Restrictions: 1. Water is provided for exterior use only. i.e. Lawns, gardens, etc. 2. System can not be cross connected to city water supply. 3. Not potable water: This is irrigation water only and should not be consumed by mouth under any circumstances. C. Limitations: 1. Amount of available water is limited by Settlers Irrigation District. Allotment to this land is not unlimited availability. 2. Availability of irrigation water is also determined by yearly allotment. Normal irrigation season is May through September -October. 3. LA PLAYA MANOR ESTATES HOMEOWNER'S ASSOCIATION, INC. must establish a rotation schedule for daily and hourly use for each lot and common areas. 4. Homeowner will be required to set automatic timers as per watering schedule. 5. Additional water demands during peak watering times will be the homeowners responsibility using domestic water supply (City Water) if necessary. IV That no building shall be erected placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, hereinafter designated, as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, as provided in Paragraph (V) hereof. Page - 6 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • As to all improvements, construction, and alterations upon building sites, the Architectural Control Committee shall have the right to refuse to approve any design, plan, floor area, or color for such improvements, construction, or alterations which is not suitable or desirable in the opinion of a majority of said Committee for any reason, aesthetic or otherwise, and in so passing upon such designs the Committee shall have the right to take under consideration the suitability of the proposed building or other structure, and the material of which it is to be built and to the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall effect the desirability or suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval by the Architectural Control Committee. V The Architectural Control Committee is composed of James M. Rees, 8380 W. Brookview Drive, Boise, Idaho 83709; Charles H. Watts, 214 Old Quarry Way, Boise, Idaho 83709; and Stephanie Watts, 214 Old Quarry Way, Boise, Idaho 83709. A majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenant. At the time one hundred percent (100%) of the building tracts or lots in LA PLAYA MANOR ESTATES SUBDIVISION have been initially occupied, the then owners of the building tracts or lots shall elect resident property owners as the members of the Architectural Control Committee to replace those persons, or their replacements, named above. Such election may be by a general meeting or a written ballot circulated to all residents, with the three persons receiving the most votes deemed elected. A written instrument setting forth the results of the election shall be duly recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the power, through a duly recorded instrument, to change the membership of or to withdraw from, the Committee or restore to it any of its powers and duties. No member of the Committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. VI That the Architectural Control Committee's approval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval will not be required of such Committee and the related covenants shall be deemed to have been fully complied with. VII Page - 7 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten (10) foot easement across and along the street lines of all lots and a fifteen (15) foot easement along the rear lot lines of each said lots for the purpose of constructing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient, and desirable for the Grantees and owners of said lots and parcels henceforth. The easement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. No structure, planting, or other materials shall be placed or permitted to remain within these easements which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through drainage channels in the easements. An easement is hereby granted to the Idaho Power Company, a corporation, its licenses, successors and assigns, a permanent and perpetual easement, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times to construct, maintain, and repair underground power lines through, under, and across said lands; together with the right, at the sole expense of the Idaho Power Company, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements interfering with the location, construction and maintenance of said power lines on and across the following premises belonging to the said owner in Ada County, State of Idaho. The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Planning and Zoning Commissions having jurisdiction, to determine and designate the location upon such easements of all irrigation ditches, pole lines, sewer lines, and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation or death, the remaining members of the Committee shall fill such vacancy by appointment of an owner of property within this subdivision to such Committee. VIII LA PLAYA MANOR ESTATES SUBDIVISION HOME OWNER'S ASSOCIATION, INC.: The Association is formed to provide for ownership, management, maintenance, and operation of the surface drainage disposal system and pressurized irrigation system as shown on the official plats and construction drawings of LA PLAYA MANOR ESTATES SUBDIVISION, together with Lot 21, Block 1 which is designated a common lot, club house and recreational lot. The Association has duties and obligations not covered in this Declaration, and are set forth in the Articles and By-Laws of the Association recorded in the Office of the Recorder of Ada County, Idaho which by reference herein become part of this Declaration. The Association has the authority to assess the lots for the operation and maintenance of the above mentioned systems; however, the Association does not have any power to assess the residential lots of the Subdivision for any other purpose whatsoever. Page - 8 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • IX That these Protective Restrictions and Covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof for a period of twenty (20) years from the date this document is recorded, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds (2/a) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the Office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain property references by volume and page numbers to the record of the plat and the record of the Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. X That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, the LA PLAYA MANOR ESTATES SUBDIVISION HOME OWNER'S ASSOCIATION, INC., or any person or persons owning any real property embraced in the said subdivision plat, shall have full power and authority to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him, or her, or them from so doing or to recover damages sustained by reason of such violation. XI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgement or court order shall in noway effect or invalidate any of the other provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. Page - 9 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS Pioneer Ivestment, Inc. a Corporation Walter P. Kirby, President STATE OF IDAHO COUNTY OF ADA )ss Shirley B. Kirby, Secretary On this day of , in the year ,before me, the undersigned, a Notary Public in and for said State, personally appeared Walter P. Kirby and Shirley B. Kirby, known to me to be the President and Secretary, respectively, of Pioneer Investment, Inc. whose names are subscribed to the within instrument, and acknowledged to me that the said Corporation executed the same. IN WITNESS WHEREOF, the undersigned, I have hereunto set my hand and affixed my official seal, the day and vear in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission expires: Page - 10 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS S. PRESSURIZED IRRIGATION SYSTEM: As required by Settlers Irrigation District, the Developer will provide pressurized irrigation water to each homeowner all common areas in Ia Playa Manor Estates. A. Purpose: Pressurized irrigation systems are designed and provided as a supplementary system. They are not capable of meeting all water requirements, especially during high demand months of July and August. The systems are not intended for year round water requirements. B. Restrictions: 1. Water is provided for exterior use only. i.e. Lawns, gardens, etc. 2. System can not be cross connected to city water supply. 3. Not potable water: This is irrigation water only and should not be consumed by mouth under any circumstances. C. Limitations: 1. Amount of available water is limited by Settlers Irrigation District. Allotment to this land is not unlimited availability. 2. Availability of irrigation water is also determined by yearly allotment. Normal irrigation season is May through September -October. 3. LA PLAYA MANOR ESTATES HOMEOWNER'S ASSOCIATION, INC. must establish a rotation schedule for daily and hourly use for each lot and common areas. 4. Homeowner will be required to set automatic timers as per watering schedule. 5. Additional water demands during peak watering times will be the homeowners responsibility using domestic water supply (City Water) if necessary. Buyer Page - 6 of 10 LA PLAYA MANOR ESTATES SUBDIVISION DECLARATIN OF PROTECTIVE COVENANTS • • BY-LAWS OF LA PLAYA MANOR ESTATES HOMEOWNERS ASSOCIATION, INC. ARTICLE I: MEETINGS RECEIVED S E P - 5 1995 CITY OF A~E~Ii~~AN SECTION 1. PLACE OF MEETINGS: All meetings of the Association shall be held in Meridian, Idaho at a place mutually agreeable or as stated in the notice of the meeting. SECTION 2. ANNUAL MEETINGS: The annual meetings of owners for the election of officers, directors, and for the transaction of such other business as may come before the meeting shall be held on the second Tuesday of July of each year. SECTION 3. FREQUENCY OF MEETINGS: Meetings of the Association may be held quarterly, but must be held semi-annually. SECTION 4. NOTICE OF MEETINGS: Notice of all meetings shall be given to all owners entitled to vote at such meetings and to any other person required by these By-Laws in writing at least five (5) days prior to said meeting, but such notice may be waived either before or after the holding of the meeting. All meetings shall be held at a time of day reasonably convenient to the owners. Notice shall be given at the members last known address appearing on the books of the Association or supplied by such member to the Association for the purpose of notice. SECTION 5. SPECIAL MEETINGS: Special meetings may be called by any owner upon twenty-four hours (24) actual notice to the other owners, but such notice may be waived by all owners in the event of an emergency situation. SECTION 6. 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 any 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 any such lot subject to assessment by the Association. 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. Page - 1 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • • SECTION 7. VOTING RIGHTS: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which they hold the interest required for membership. Only one vote shall 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 notified, in writing, of such provision. Voting by proxy shall be permitted. SECTION 8. QUORUM: A quorum to conduct business shall be constituted by the presence of the owners or proxies of at least twenty percent (20%) of the total number of members of the Association. There shall be no quorum unless all units are represented by at least cone-half ('/z) interest owner. If, however, such a quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time without notice other than announcement at the meeting until a quorum as aforesaid shall be present or represented. SECTION 9. PROXIES: Every owner entitled to vote may do so either in person or by written proxy duly executed and filed with the Secretary of the Association and each owner shall sign such proxies as demanded by the initial Incorporators of the Association as set forth in the Article of Incorporation. SECTION 10. VOTING OF INTEREST BY OTHER HOLDERS: Holders of a non- possessory security interest shall not be entitled to vote that interest. Interests held by an administrator, personal representative, guardian, conservator, or Trustee in Bankruptcy may be voted by him, either in person or by proxy, without a transfer of interest into his name. SECTION 11. IRRIGATION SYSTEM: Owners of properties served by LA PLAYA MANOR ESTATES SUBDIVISION IRRIGATION SYSTEM shall have equal representation regarding matters related to this system only. ARTICLE II: BOARD OF DIRECTORS SECTION 1. GENERAL POWERS: The business and affairs of the Association shall be managed by its Board of Directors. SECTION 2. NUMBER, TENURE, AND QUALIFICATIONS: The number of Directors of the Association shall be three (3) who shall be elected at the annual meeting of the members by a plurality vote, for a term of one (1) year. Each Director shall hold office until the next annual meeting of owners and until his or her successor shall have been elected and qualified. Directors shall be residents of the State of Idaho and need not be members of the Association. Page - 2 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • • SECTION 3. REGULAR MEETINGS: A regular meeting of the Board of Directors shall be held without other notice than these By-Laws immediately after and at the same place as the annual meeting of owners. The Board of Directors may provide by resolution the time and place, either within or without the State of Idaho, for the holding of additional regular meetings without other notice than such resolution. SECTION 4. SPECIAL MEETINGS: Special meetings of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call special meetings of the Board of Directors may fix any place, either within or without the State of Idaho, as the place for holding any special meeting of the Board of Directors called by them. SECTION 5. NOTICE: Notice of any special meeting shall be given at least three (3) days previously thereto by written notice delivered personally or mailed to each Director at his or her business address, or by telegram. If mailed, such notice shall be deemed to be delivered when deposited in the United States Postal System, so addressed with postage thereon prepaid. If notice be given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. Any Director may waive notice of any meeting. The consent in writing is signed by all the Directors attending the meeting or the attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of such meeting. SECTION 6. QUORUM: Two Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. SECTION 7. MANNER OF ACTING: The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. SECTION 8. ACTION WITHOUT A MEETING: Any action required or permitted to be taken by the Board of Directors at a meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. SECTION 9. VACANCIES: Any vacancy occurring on the Board of Directors maybe filled by the affirmative vote of the two remaining directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Any directorship to be filled by reason of an increase in the number of Directors may be filled by election by the Board of Directors for a term of office continuing only until the next election of Directors by the owners. Page - 3 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • • SECTION 10. COMPENSATION: Directors shall not be compensated except for actual costs incurred. SECTION 11. REMOVAL: A Director of the Association, or the entire Board of Directors, may be removed by a majority vote of the owners without cause. SECTION 12. ARCHITECTURAL COMMITTEE: The Board of Directors shall become the Architectural Committee as provided in the Declaration of Protective Restrictions and Covenants of LA PLAYA MANOR ESTATES SUBDIVISION upon the sale of the last lot in any future phases of LA PLAYA MANOR ESTATES SUBDIVISION. ARTICLE III: OFFICERS SECTION 1. OFFICERS: The officers of the Association shall be two, President and a Secretary-Treasurer, elected by the owners. Each lot or dwelling may have no more than one officer elected from its owners. SECTION 2. DUTIES: The President shall preside at all meetings of the Association and the Board of Directors. The Secretary-Treasurer shall maintain the minutes, books and records, accounts of the Association, and give notice of meetings as required. The Secretary- Treasurer shall keep all records of the Association, minutes of all meetings, the corporate seal, receive and deposit all funds, sign all checks and other documents entrusted to said officer, cause annual audits of the Association by a Public Accountant, prepare budgets and statements of income and expenditures to be presented to the Board of Directors from time to time as requested and yearly to the members at the regular annual meeting, and send notices, budgets, and statements to the members at least annually prior to the annual meeting. SECTION 3. POWERS: The property, business, and affairs of the Association shall be managed routinely by the officers. The President shall ensure that the orders and resolutions of the Board are carried out; sign all leases, mortgages, deeds, and other written instruments, and shall co-sign all checks and promissory notes. SECTION 4. VACANCY OR REMOVAL: A vacancy may be filled, or an officer removed, by a majority vote of the owners at any meeting called for that purpose. SECTION 5. EXECUTIVE MEETINGS: Executive meetings of the Officers of the Association may be held as frequently as necessary to unanimously conduct the routine business of the Association. Page - 4 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • ARTICLE IV: ASSOCIATION RECORDS AND REPORTS SECTION 1. RECORDS: The executive officers of the Association shall maintain adequate and correct books, records, and accounts of its business and properties, at a place designated by the President, and such shall be available upon request for inspection by any owner. SECTION 2. CHECKS, BANK ACCOUNTS, ETC.: The Association may maintain such bank accounts in its name as is deemed necessary, and all checks, transfers, or withdrawals. shall be signed or endorsed by the President and Secretary-Treasurer. SECTION 3. EXECUTION OF DOCUMENTS: Except as otherwise proved in these By- laws or the Declarations, The Board of Directors may authorize any officer or agent to enter into any contract or execute any instrument in the name of and on behalf of, and unless so authorized by the owners, no officer, agent, or employee shall have any power or authority to bind the Association contract or engagement, or to pledge its credit, or render it liable for any purpose or for any amount. SECTION 4. INSURANCE: The Board of Directors are empowered to obtain appropriate liability, casualty, fire, errors or omissions, or other insurance to properly protect the actions of the Association or facilities maintained, owned, or controlled by the Association as a cost to the Association. SECTION 5. ANNUAL BUDGET: 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 expenses 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 things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, care of grounds, repairs renovations, paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses, and liabilities incurred by the Association from a previous period, and the creating of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. ARTICLE V: GENERAL PROVISIONS SECTION 1. NON-PROFIT ASSOCIATION: This Association shall be for the sole purpose of managing and maintaining the Association property and shall not be for profit. Unless specifically authorized by the owners to do otherwise, the Association shall conduct its business affairs to maintain its status as anon-profit Association according to the rules Page - 5 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • • and regulations of the Internal Revenue Service then in effect. The Association shall file all reports, returns, and other documents required by the IRS or any governmental body. SECTION 2. BINDING EFFECT: These By-Laws, and any amendments or additions thereto, shall be binding upon all owners, their successors, heirs, and assigns, whether signatory hereto or not, and are deemed to be covenants which pass with the ownership interest and are binding to all successors in interest by acceptance of said interest, whether recited in the deed or other conveyance or not. SECTION 3. BOOKS AND RECORDS: The books, papers, and records of the Association shall at all times, during reasonable business hours, be subject to inspection by any member or any person designated in writing by the member to act on his behalf. A party may upon paying a reasonable cost, obtain a copy of any documents or writings of the Association. SECTION 4. SUPPLEMENTARY TO DECLARATIONS: These By-Laws are supplementary to the authority granted to the Association by the Restrictive Covenants as specified in the Articles of Incorporation and shall not restrict, limit, or obligate any authority declared therein. In the event of a conflict, these By-Laws as currently drafted or hereafter amended shall not invalidate or circumvent the Restrictive Covenants. SECTION 5. AMENDMENTS: The By-Laws of the Association may be amended or repealed and new By-Laws may be adopted in accordance with Section (4) above by the two-thirds (~s) vote of the owners, and by recording said amended By-Laws as required by law. Any amendment to the By-Laws shall be subject to approval by Housing and Urban Development or the Veterans Administration as long as Pioneer Investments own more than twenty-five percent (25%) of the lots in the Association. ARTICLE VI: COMMON AREAS SECTION 1. OPERATION AND MAINTENANCE: The Association shall operate, control, and maintain any common areas. The Association shall be responsible for the repairs, upkeep, maintenance, normal servicing, gardening, rules and regulations for use, care and safety, annual planting of flowers (if any), and payment of bills and related expenses for any common area, irrigation system, trees, shrubs and drainage systems. SECTION 2. DEDICATION AND TRANSFER: The Association shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility 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 (~a) of the majority of the votes at a special or general member's meeting, and an instrument signed by the President and Secretary-Treasurer has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written Page - 6 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • • notice of proposed action is sent to every member not less than fifteen (15) days 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 any 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. ARTICLE VII: ASSOCIATION ASSESSMENTS SECTION 1. AGREEMENT OF PAYMENT: Each owner of any 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 conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association all assessments as set by the Association. SECTION 2. PURPOSE OF ASSESSMENT: The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of the fences, lights, club house, landscaped common areas, irrigation system, and drainage system. Subject to the above provision, the Board of Directors shall determine the use of assessment proceeds. SECTION 3. TYPES OF ASSESSMENTS: The Association is authorized to establish and collect a regular assessment from its members. In addition to the regular assessments, the Association may levy in any given year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair, or replacement of a capital improvement. SECTION 4. APPROVAL OF ASSESSMENTS: The amount of all assessments shall be set by the Board of Directors and approved at a meeting of the members of the Association provided the assent of atwo-thirds (2/a) 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. All regular and special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis at the discretion of the Board of Directors. The regular and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land, and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be Page - 7 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION • the personal obligation of the person who was the owner of such property at the time such assessment was levied. The obligation 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. SECTION 5. CERTIFICATES OF PAYMENT: 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 my be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payments of any assessments therein states to have been paid. SECTION 6. DELINQUENT ASSESSMENTS: 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 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 with 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, expenses and 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 County Recorder of Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by the Association in the manner provided by law with respect to liens upon real property. The owner of said property at the time said 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, 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 therein by non-use of Common Areas or abandonment of his lot. 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 liening thereof. SECTION 7. EXEMPT PROPERTY: The following property subject to this Declaration shall be exempt from the assessments created herein: Page - S of 10 LA PLAYA MANOR ESTATES SUBDNISION BY-LAWS OF HOME OWNERS ASSOCIATION • • (a) All properties expressly dedicated to and accepted by a local public authority. (b) Any other properties owned by the Association. SECTION 8. ADA COUNTY HIGHWAY DISTRICT 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 (ACHD), may elect to maintain any part or facility of the common area defined herein should the Association fail to maintain same. In the event that ACHD determines, in its sole discretion, that the Association is not adequately maintaining the defined common area or facility, ACHD shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance of the defined common area or facility within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by ACRD. 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 ACHD within the prescribed thirty (30) days, then in that event, ACHD may begin to undertake maintenance of the defined common area of facility. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the common area 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 the Association an opportunity to undertake said maintenance, ACHD shall be entitled to and empowered to file a ratable lien against all lots with LA PLAYA MANOR ESTATES SUBDIVISION with power of sale as to and every lot to secure payment of any and all assessments levied against any and all lots in LA PLAYA MANOR ESTATES SUBDIVISION pursuant to this Master Declaration, together with interest at the rate which accrues on judgements thereon and all costs of collection which may be paid or incurred by ACHD in connection therein. ACHD may exercise their rights under Idaho Code by assessing the lot owners and certifying those assessments in the manner as real property tax. This section shall not be amended without prior written approval from ACHD. 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 ACHD. The Association and all lot owners by accepting title to a lot, agree that all lot owners within LA PLAYA MANOR ESTATES SUBDIVISION are benefitted property owners for purposes of this section Page - 9 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION Pioneer Investment, Inc., a Corporation Walter P. Kirby, President STATE OF IDAHO COUNTY OF ADA )ss U Shirley B. Kirby, Secretary On this day of , in the year ,before me, the undersigned, a Notary Public in and for said State, personally appeared Walter P. Kirby and Shirley B. Kirby, known to me to be the President and Secretary, respectively, of Pioneer Investment, Inc. whose names are subscribed to the within instrument, and acknowledged to me that the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: My Commission expires: Page - 10 of 10 LA PLAYA MANOR ESTATES SUBDIVISION BY-LAWS OF HOME OWNERS ASSOCIATION Invoice Invoice Number: 95-115 Date: Augurt 8,1995 City of Meridian 33 East Idaho Meridian, ID 81;642 (2~~'~ Fax (208)887-4813 T0: Fioneer ImertmeM, Inc. 11801 Florida Drive Boise, tD 83106 Mail to rd different addressr QTY, DESCRIPTION UNIT PRICE TOTAL I Recording fee for Development Agreement ~•~ ~•~ 2 Public Hearing notice for P & Z - Annexation/Zoning/Preliminary Plat for La Playa 26.04 52.08 2 Public Hearing notice for P 81-Conditional Use Permit for to Playa 24.80 49.60 2 Public Hearing notice for C/C - Mnexation/Zoning/Prelinrnary Plat for la Playa 29.14 58.28 2 Public Hearing noticefor C/C -Conditional Use Permit for la Playa 29.14 58.28 0.00 0.00 SUBTOTAL 248.24 TOTAL DUE 5248.24 -----..._... ,._ n. ~~- i t • • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 7 ~~ day of ~~ h ~ 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and IOP NEER INVESTMENT, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 11801 Florida Drive Boise Idaho 83706 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-b511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER. has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of I~-$ and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would he developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to he in its hest interest to he able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 1 • • WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and duplexes and that all such detached single-family houses shall have at least cane thousand two hundred (1.2001 square feet of floor space, exclusive of garages, and that all zero-lot-line structures shall have a minimum of eight hundred (800) square feet, exclusive of garages. 3. That the property zoned ~$, described in "Exhibit A", shall have lot sizes of at least six thousand five hundred 0.,500) square feet for detached single-family dwellings and four thousand two hundred fifty (4 250) square feet for duplex units, which is the size represented at the City hearings, and shall meet all of the requirements of the ~$ zone except as expressly agreed by the Meridian City Council as a result of an approved Conditional Use Permit. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 2 • transmission lines, natural gas lines, telephone lines, television, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of. said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. S. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9: That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements 'shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of s~~i~l improvements need to be completed in the interest of the health, welfare and/ur safety of the inhabitants of the CITY, the LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 3 DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the .City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard nn the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to he heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. The CITY may require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no ('ertificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 4 • completed in a phased development; in any event, no Certificates of OccupancX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 17. That DEVELOPER agrees that any notice required by this Agreement shall he given at the following address: CITY of Meridian: DEVELOPER: City Engineer PIONEER INVESTMENT. Inc. City of Meridian 11801 Florida Drive 33 East Idaho Boise. ID 83706 Meridian, ID 83642 W. P. Kirhv. President 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 5 DATED the date, month and year first appearing. DEVELOPER: PIONEER INVESTMENT Inc By: Name: W P Ki h Title: Presid nt By: ' Name: 1 'r Title: re a CITY OF MERIDIAN Y SEAS - Grant P. Kingsford, Mayor 9Q sT psi • Q,Z` ~,• g ,bG r t ~ William G. Berg, Jr., City erk ~~iir~~i it ii~t~!~~~ LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 6 ~:• ... • ~ ~ ~ . ,.• ~ ~.,, ,.~ ~ C , ,;; »; ~, STATE OF IDAHO) - ~ - ^•' .~'• 'y ~' .~ ' County of Ada ) = ` ` ~ ' `~` ' `^ On this ~ day of , ~i9~St,,before me, the undersigned, a Notary Public in and for said State, personal appeare~~V~ ~ ~ '' it and hirley B_ I~irbv, known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss. County of Ada ) ' Notary Public for I ho C Residing at: My Commission Expires: - On this ~~day of u K e , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off cial seal, the day and year in this certificate first above written. ~ .• L . G •, ~•~ Q- ~~' ,s :~ (SEAL) = SOS A,~y ~ ~r r0 ~ j ~ `~G s ~!r ., ~ Of ,,• LA PLAYA MANOR DEVELOPMENT AGREEMENT ublic for Idaho at: mission Ex Tres: ~ Page 7 • EXHIBIT "A" DESCRIPTION LaPlaya Manor A parcel of land located in the Southwest 1/4 of Section 6, T.3N., R.IE., B.M., Ada County, Idaho Commencing at the Southwest corner of said Section 6; thence along the west section line of said Section 6, N 0°25'30" W 1004.09 feet (formerly N 0°01'30" W 1004.13 feet) to a point; thence N 89°34'30" E 32.b8 feet (formerly S 89°58'30" E 30.00 feet) to a point being the TRUE POINT OF BEGINNING; thence N 89°34'30" E 203.02 feet (formerly EAST 204.30 feet) to a point; thence Northeasterly 31.82 feet (formerly 31.84 feet) along the arc of a curve to the left, said curve having a central angle of 52°05'30" (formerly 52°07'00"), a radius of 35.00 feet, and a long chord which~bears N 63° 31'45" E 30.74 feet (formerly N 63°56'30" E 30.75 feet) to a point; thence N 37°29'00" E 48.84 feet (formerly N 37°53'00" E 48.79 feet) to a point on the centerline of 5 mile creek; thence along said 5 mile creek centerline the following courses and distances: N 53°14'27" W 81.93 feet (formerly N 52°50'27" W 79.99 feet) to a point; N 6°34'09" W 224.11 feet (formerly N 6°10'09" W 225.61 feet) to a point; thence leaving said centerline N 88°25'12" E 1095.77 feet (formerly N 88°44'30" E 1095.83 feet) to a point; thence S 0°14'00" E 328.21 feet (formerly S 0°10'00" W 330.00 feet) to a point; thence S 88° 20' 00" W 66.00 feet (formerly S 88°44'30" W 66.00 feet) to a point; thence S 0°14'00" E 571.82 feet (formerly S 0°10'00" W 571.82 feet) to a point; Page 1 of 2 Job No. 94283 September 20,1994 • • thence S 87°52'00" W 100.72 feet (fomrerly S 88°16'00" W 102.06 feet) to a point on the centerline of said 5 mile creek; thence along said 5 mile creek centerline the following courses and distances: N 65°40'46" W 91.10 feet (formerly N 65°16'46" W 91.18 feet) to a point; N 53°14'27" W 886.26 feet (formerly N 52°50'27" W 886.26 feet) to a point; thence leaving said centerline S 37°29'00" W 49.60 feet (formerly S 37°53'00" W 49.55 feet) to a point; thence Southwesterly 86.37 feet (formerly 86.41 feet) along the arc of a curve to the right, said curve having a central angle of 52°05'30" (formerly 52°07'27"), a radius of 95.00 feet and a long chord which bears S 63°31'45" W 83.43 feet (formerly S 63°56'30" W 83.46 feet) to a point; thence S 89°34'30" W 202.23 feet (WEST 204.28 feet) to a point on the easterly right-of--way line for North Meridian Road; thence along said right-of--way N 1°10'57" W 60.01 feet (formerly N 0°01'30" W 60.00 feet) to the TRUE POINT OF BEGINNING. This parcel contains a calculated area of 14.97 acres (formerly 15.02 acres). Page 2 of 2 Job No. 94283 September 20,1994 ~l i i sso~ossu EXHIBIT "B" t: ~=~' ~ :_ ;-.,-. -, .. ,,l.n~iER TO THE DEVELOPMENT AGREEMENT .:. u~ ~; tt; ~ ; ,; ; ,, /~ '~Yly:~i~l! BY AND BETWEEN THE d 0; S E CITY OF MERIDIAN, IDAHO AND , 95 ,, ~~~~ C%~~ PIONEER INVESTMENT. Inc. ~~ i ; ' ~ °~~ ~ - I FEE~,~CI/..._ . RECOrt~<. ... ST OF This subdivision is for a maximum of 7~ single-family and duplex dwelling units with an overall density of ~$ dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, with the exception of Five Mile Creek, which shall remain open. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines as approved by the Meridian City Engineer. 3. Construct streets to and within the property in accordance with Ada County Highway District and City of Meridian Standards. 4. Dedicate the necessary land from the centerline of Meridian Road for publicright-of--way. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping shall be provided and maintained by the Homeowners Association. 8. Pressurized irrigation is to be provided to all lots within this subdivision. Evidence of approvals from appropriate agencies must be submitted to the City. 9. Perimeter fencing will be installed prior to obtaining building permits. 10. A landscaped pedestrian walkway will be provided along a portion of Five Mile Creek, which also serves as a lineal open space comdor. 11. A recreational facility will be provided in the northeast corner of the property for the benefit of the homeowners. EXHIBIT "B" LA PLAYA MANOR DEVELOPMENT AGREEMENT Page 1 of 1 CENTRAL • • •• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 (2081375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment: 95-245 June 22, 1995 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: LA PLAYA MANOR SUBDIVISION Dear Mr. Navarro: JUN 2 9 1995 CITY (~~ !~'E~ni~If Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on June 22, 1.995. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, %i~7~~ Thomas E. Schmalz, .H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health HUD City of Meridian Pioneer Investments MTC Engineers Serving YaUey, Elmo Boise andAda Counties ADA /BOISE COUNTY OFFICE W IC BOISE - MERIDIAN EUNORE COUNTY OFFICE EuaRE COUNTY OfEICE VALLEY COUNTY OFFICE 707 N. Armstrong PI. 1606 Robert St. 520 E. 8th Street N. of ENVIeoNMENr~t HEALTH 703 North i st Boise, ID 83704-0825 Boise, ID 83705 Mountain Home, ID 190 S. 4th Street E. P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID McCall, ID 83638 Family Planning: 327-7400 324 Meridian Rd. 83647 Ph. 587-9225 Ph. 634-7194 Immunizations: 327-7450 Meridian ID. 83642 Nutrition: 327-7460 , Ph. 888-6525 WIC: 327-7488 • • Meridian City Council May 2, 1995 Page 2 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Absent MOTION CARRIED: All Yea ITEM #2: ORDINANCE #704 -ASCHENBRENNER SEWER EASEMENT VACATION: Kingsford: AN ORDINANCE VACATING A SEWER EASEMENT GRANTED BY LEONARD A. AND FREDA NADINE ASCHENBRENNER, WHICH IS IN A PORTION OF GOVERNMENT LOT 2 IN THE NE 1/4, SECTION 3, T.3N, R.1W, B.M., WHICH EASEMENT RECORDED AS INSTRUMENT NUMBER 7903178, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is an easement that. was never utilized in the sanitary sewer system. Is there anyone from the public that would like to have Ordinance #704 read in its entirety? Seeing none I would entertain a motion for approval. Yerrington: Mr. Mayor, I move that we approve #704 with the suspension of the rules. Corrie: Second Kingsford: Moved by Mr. Max Yerrington, second by Bob Corrie to approve Ordinance #704 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Absent MOTION CARRIED: All Yea Kingsford: Entertain a motion to authorize the Mayor to sign and the City Clerk to attest then the quitclaim deed transferring that easement. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to authorize the Mayor to sign and the City Clerk to attest the quitclaim deed moving back to the Aschenbrenners, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: LA PLAYA MANOR, 79 LOTS BY PIONEER INVESTMENTS: Meridian City Council May 2, 1995 Page 3 Kingsford: Does the Council have any questions of the developer or staff? Morrow: I guess I would question both Gary and Shari, both your letters dated or at least Gary's dated April 28th by way of Bruce, that includes all of your comments, have there been any late additions to those? Smith: No there hasn't. Morrow: Shari, everything is fine with you? Stiles: I did not actually review this, Bruce kind of covered me on most of his comments, he took care of my concerns too. Morrow: I don't' have any further questions of staff. Kingsford: Any other Council have questions or comments? Morrow: I would like to have the developer or his representative address the comments by staff please. Rees: My name is Jim Rees, MTC Engineers, I am the engineer, I don't think we have any problems with them Walt. Morrow: You are in agreement with all the comments and site specific comments that staff has put forward? As well as the fire department? Rees: I believe so, the fire department's only comment was the single entry and that is all we have. Morrow: Nampa Meridian? Rees: We are in the Settlers Irrigation District, its Settlers, we are going to build an irrigation system that will be to Nampa Meridian standards which I believe is the City of Meridian standard. There is a letter from Nampa Meridian but there is also a letter from Mr. Kirby to Settlers Irrigation District basically saying that we will, all the lots we combine into a single assessment as per their request. Morrow: Now that is per Settlers request? Rees: Yes • Meridian City Council May 2, 1995 Page 4 i Morrow: Apparently Nampa Meridian is confused then from the standpoint they have some rather lengthy comments concerning this project. Rees: Well, I have a letter from them, it is interesting that we are paying Settlers water Walt and that is who we are getting the water from. Kingsford: I think part of the issue goes back to and I don't know whether they have signed any kind of an agreement, part of the issue went back to if they are in the Settlers District that you build to Nampa Meridian specifications and they were going to deal with maybe maintaining and operating that distribution system. And so I think they have had some overlap in their responses but I don't think they have ever signed any kind of a contract to my knowledge. Morrow: I have no more questions. Kingsford: Any other questions? Thank you, is the Council prepared to take action? Morrow: Mr. Mayor I would move that we approve the final plat for La Playa Manor Subdivision subject to staff conditions being met. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of La Playa Manor Subdivision, 79 lots by Pioneer Investments subject to staff conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: REQUEST FOR TIME EXTENSION FOR FIELDSTONE MEADOWS NO. 4: Kingsford: Does the Council have any questions regarding that? Morrow: How much time are they asking for? Our letter from Tracey Persons of Hubble Engineering doesn't state a time. Kingsford: Shari, are you guys familiar with their request? Stiles: Mayor Kingsford and Council they have requested a one year extension and will also be submitting a request for an extension to file their, preliminary plat for phase 5. I just got a letter to that effect today. r: MERIDIAN CITY COUNCIL MEETING: MAY .2.1995 APPLICANT PIONEER INVESTMENTS ITEM NUMBER; 3 REQUEST; FINAL PLAT - LA PLAYA MANQR. 79 LOTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS s~b~ ~~~, S ~~P ~c ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~1 Materials presented at public meetings shaft become property of the City of Meridian. • • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICEL.GASS,CityTreasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: Apri128, 1995 To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: La PLAYA MANOR ESTATES (Final Plat - By Pioneer Investment, Inc. ) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and profile the subsurface soil conditions. 4. Submit copy of proposed restrictive covenants and/or deed restrictions. 5. Please address in writing, each of the comment, within this transmittal, to the City Engineer's office. SITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. C: \WPWIN60\GENEItAL\LAPLAYA. C-C • Mayor and Council Apri128, 1995 Page 2 2. Submit a statement of conformance with all requirements and provisions of the Zoning and Development Ordinances. 3. Please adjust the frontage of the following Lots to meet the frontage allowed by C.U.: Lots 5, 38, & 54 Block 1 and Lots 3, 6, 7, & 10 Block 3 =Minimum of 42.5 feet Lots 20, & 36 Block 1 =Minimum of 40 feet 4. Please consider re-designing the bulb cul-de-sac utilizing curve fillets and returns. By doing this you may be able to cut down on the amount of paving. The centerline radius point shown needs to be tied down to the adjacent centerline. 5. Re number the Lots in Block 3 to be consecutive along the roadways. 6. Please add or revise the following notes: (1) ... setbacks and dimensional standards in this ... (3) ... 31-3805, concerning irrigation water. (4) ... resubdivision, or as allowed by Conditional Use. (5) ... facilities pass, unless such responsibility is assumed by an irrigation/drainage district. (8) Bottom elevation of house footings shall placed a minimum of 12 inches above the highest seasonal ground water elevation. (9) The minimum single family house size for this subdivision shall be 1200 square feet, exclusive of garages. (10) The minimum duplex unit size for this subdivision shall be 800 square feet, exclusive of garages. (11) No fences, structures, trees are allowed within the existing City of Meridian Sanitary Sewer Easement along Five Mile Creek. All provisions of the existing easements shown shall remain in force with this platting. 7. The Land Surveyor who prepared the plat map needs to affix his stamp, sign and date the first page. 8. Revise the domestic water service origin note in the Certificate of Owners to read; All Lots within this plat will be eligible to receive water service from the City of Meridian's Municipal Water System, and the City has agreed in writing to serve all the Lots in this subdivision. C: \WPWIN60\GENERAL\LAPLAYA. C-C Mayor and Council Apri128, 1995 Page 3 9 Please complete the Acknowledgement of the Owners signature in the Certificate of Owners. 10. Reference (Information of Record) for any subdivision boundary line that differs from that of adjacent properties of recorded. 11. The applicant is working towards getting a LOMR from the Federal Emergency Management Agency. A new bridge structure has been designed to accommodate the 100 year frequency flood as determined by FEMA. 12. A water service line for the Wheel Inn Mobile Manor crosses the southerly portion of this parcel. Please indicate the location of this line and any associated easements. 13. Several minor drafting corrections have been redlined on the City Engineer's copy of the Final Plat map. This map is being forwarded to the designers to simplify the process of getting these corrections made. The City Engineer's redlined copy must be returned as soon as these corrections are made. C: \WPWIN60\GEIVERAI,\I,APLAYA. C-C • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer SRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 25, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/2/95 REQUEST: Final Plat for La Playa Manor BY: Pioneer Investments LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel Inn 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 FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES y ~ Za OTHER: YOUR CONCISE REMARKS: Ulr~ ~~I~~~ APR 2 0 1995 CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enyinesr BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, FlreChlef W. L. "BILL" GORDON, Pollce Chfef 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~d813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 25, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/2/95 REQUEST: Final Plat for La Playa Manor BY: Pioneer Investments LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel Inn JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 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 FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER .. ~ APR 1 8 195 tall t ~w l~t!<:.t~li~sr~., 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 ~~ I ~ 9s" OTHER: YOUR CONCISE REMARKS: o~, ~.~du~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~R EXCEL` DEP Dan Mabe, Finan e & Administration (•j ~y DIRECTORS 2 /~~y~~ ~ Jim Carberry, Secondary ~ I`' Christine Donnell, Personnel Q Darlene Fulwood, Elementary y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 April 18, 1995 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Y ~~ APR 2 a 195 ~rr~r ut ~~~1~~~~: I have reviewed the final plat for La Playa Manor and have determined that Joint School District No. 2 will place no conditions on this development at this time. Schools will be effected should zoning conditions change for this development. Sincerely, ~~~~~ Dan Mabe, Deputy Superintendent DM:gr i • SUBDIVISION EVALUATION SHEET . q~R 2 ~' 15~~ Proposed Development Name LA PLAYA MANOR ESTATES City ~ I~~ I~t~~~~~ formerly BRANDON CREEK ESTATES Date Reviewed 04/25/95 Preliminary Stage Final xxxxx Engineer/Developer MTC Inc Engr /Pioneer Investment Inc 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 name shall appear Qn the plat as• - "N MERIDIAN ROAD" The following new street names are approved and shall appear on the plat as• "E. SPINOSA DRIVE" "N IBERIS AVEN~~F" "E. CARMEL DRIVE" "N BUENA VISTA AVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Prieste Ada Planning Assoc. Terri Raynor City of Meridian Representati Meridian Fire Dept. Representati :S OR DESIGNEES Date ~ ZS Date Date zS~ 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 !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS i e CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET ~~ Environmental Health Division ~~C~~~ ~'1~feturn to: ~~~~ APR 2 $ 1995 ^ Boise ^ Eagle (~[' ~l~~llUi~"^ Garden city ,Meridian Conditional Use # ^ Kuna Preliminary final hort Plat l_.~ ~~ yn/~ ~~NOn S'ydD~l/~S~o~ ^ ACZ ^ I . We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~- 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~-central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ~-8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: S~central sewage ^ community sewage system ^ community water ^ sewage dry lines ~~central water ~-9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facili;ies are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store .~ I3. ~4/?M t.~.9-'3`72- ~9Ar/i4~.~E~ i.Cco/Y~',a~D/N~7~.S ~ Date: ~~ 2ro ~ ~S ,,~9``~?9£ ,~ , lG grn~Wc2wr~-r~_ c~iw ~~-~~ Reviewed By: r ~ ~~_ r E`7~~ 1 N t~J , [DHD 10/91 rcb, rev. I I/93 jll _, ~ • CENTRAL •• DISTRICT ~HEA~TH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704-0825 • (208) 375-5211 • FAX: 327-5500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOAtIl1tlENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task rorce 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Senring Vailey, Elmore, Boise, and Ada Counties . Ada /Boise County Office WIC Boise • Meridian Elmore County Office 6more Courtly Ofice Vdley Courtly Ofice 107 N. Armstrong FY. 1606 Robert St. 520 E. 8th Sfreei N. d Emvonmentd Health P.O. Box 1448 Boise, ID. 83104-0825 Boise, ID. 83105 Mountain Home, ID. 190 S. 4th Sheet E, McCaa, ID. 83638 Env~o. Health: 321-1499 Ph. 334-3355 83641 Ph.581-4401 Mountoin Horne, ID. Ph. 634.1194 Family Plonning: 321.1400 324 Meridian Rd. 83641 Ph•581-9225 - Immun¢ations: 321-1450 Meridian, ID. 83642 Nutritbn: 321-7460 Ph. 888525 - WIC: 327-7488 t'~. MAY 01 '95 01~04PM NAMPA MERIDIAN IRG OFFICIALS WILLIAM 0. SERO, Jr., CUy Clerk JANICE L. OASS, GIy Traesurer GARY D. 6MITN, P.E. Clty Enylneer BRUCE 0• STUART, Water Works Supl. BONN T.8NAWCROFT, Wails Water fiYDt. DENNIS J. SUMMERS, Parks Supl. SNARI S. (`TILES, P 8 Z Adm. KENNETH W. t~OWERB, Fire Chlef W. 1. "f+11LL" OOROON, Polbo Ch101 WAYNE G. CROOKSTON, JA., Allomey 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~` rc-~-. ~~0~~® Pbone ~ eee~j~ • Fwx (~ as7-eal3 Public Workl/Huildina pepantrteltt (ZOB) 867-?21 I ~ ~ ~ ~~ ~ GRANT P. K!N(ISFORD ~ f.. ~~ Mayor NAMPA & MERii.?;t',N I~tRIGAT10P,1 QI3~';';~~'i. P.6i? C~OUNOIL MEMBERS RONALD R. TOLSMA MAX YERRINOTON ROBERT D. CORAIE WALT W. MOPROW P a t COMMI56ION JIM JOHNSON, Chalmwn MOE AUO.IANI JIM IlNEARER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH T'HE CITY OF MERIDYAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: ~Rri~ 25. 1995 TRANSMITTAL DATE: 4(1,~.(~~ HEARING DATE: 5/2195 . _ REQUEST: Final PIat~Qr Le_Play_a Manor BY: Pioneer Inve tments ' LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel Inn JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER. P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z -GRANT KINOSFORD, MAYOR RONALD TOLSMA, C/C 608 CORRIE, C/C WALT MORROW, C/C ~1AAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~rriltation water be made av MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM ~ FINAL PLAT) ~4DA COUNTY HIGHWAY DISTRICT FDA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLHRS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM 8 FINAL PLAT) U.S, WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN 6AS(PREUM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and waste. wa s must be protected. Municipal-surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrittatioa District msl-sit review drainage >,lans. It is recommended that Development application be filed for review prior to final platting. Contact Donna o re a .32-~f8 or - or urc ter in o~ rmation. Tl'ie ivemi a rain w i~-a conCract dra>.n ~s on this project. Nam a & Meridian rrigacion istrict c aims feet o easement 50 feet from the center each way). The Bur~~eau~~ of itec amation may have other requirements. l ~ - ill Henson, Assistant Water Superintendent , ~ ~ ~,~..~~ Nampa & Meridian Irrigation District ' ~1~ t v>I r~y~.r~,,~t,,.. • HUB OF TREASURE VALLEY . A Good Place to Live CITY CJF MERIDIAN MAY 01 '95 13 46 2088886201 PAGE.06 OfFICIAl.3 WILLIAM G. BERG, Jr., Clty Clark JANICE L LASS. Clty Troasuror GARY D. SMITH, P.E. Clty EnpineM BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wasta Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, FlroChlef W. L "SILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ • HUB OF 77QEASURE !ALLEY COUNCIL MEMBERS l f~NALD R. TOLSMA A Good Place to Ltve MAXYERRINGTON ROBERT D. CORRIE CITY OF MEIZIDLAN pa2COMMISSON 33 EAST IDAHO JIM JOHNSON, Chairman MOE AUDJANI MERIDIAN, IDAHO H3642 JIM SHEARER Phone (208) 8884433 • FAX (208) 887813 CHARLIE ROUNTREE TIM HEPPER Public Worka/Buildin6 Departnteitt (206)887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS W ITIi TI3E CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 25 1995 TRANSMITTAL DATE: 4117/95 HEARING DATE: 5/2/95 REQUEST: Final Plat for La Playa Manor BY: Pioneer Investments LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel JIM JOHNSON, P2 MOE ALIDJANI, P2 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 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 8t FINAL PLAT) ~U.S. WEST(PREUM 8t FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ SE.M~~ Syo~N ~N S~lB ~~rE,eiofL. l3OtJit/D.Q/d~/ /S /N.eiDC~~Cles.TE fG~2 Tf+/E ~g,=r,~ TF~G-E f~YON~f [ATV ~ Gb3~ /BL yi ~ Z ~~~~~_ 7 :~.~,,! ~' . OFFICIALS HUB OF TREASURE VALLEY • A Good Place to Live WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI ~~~ ~ ~j~ D CHAR E ROUNTREE U TIM HEPPER n~qr,~~~ ~ MERa~a.=~,~~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hail, Attn: Will Berg, City Clerk by: April 25, 1995 TRANSMITTAL DATE: 4/17/95 HEARING DATE: 5/2/95 REQUEST: Final Plat for La Playa Manor BY: Pioneer Investments LOCATION OF PROPERTY OR PROJECT: North of Albertson's and West of Wheel Inn JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made av ailable to all developments within this District Nampa & Meridian Irrigation District requires that a Land Use Change/S~te Development application e filed for review prior to final platting. Contact onna oore a - or - or urt er in ormation. e ivemi a rain w is is a contract rain is on this project. Nampa & Meridian rrigation istrict c aims feet of easement 50 feet from the center each way).. The Bureau o Rec amation may have other requirements. Bi~ Henson, Assistant Water Superintendent .~~ ,I~.,~ Nampa & Meridian Irrigation District ~" "~ ~ ~ '~') `fit-,"~ 9 A ~I:s)~ s4~~1~'~;i;,.. %. .. !- . • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James M. Rees MTC, Inc. 707 N. 27th Street Boise, ID 83702 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for LaPlaya Manor Estates Dear Mr. Rees: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, _. DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Pioneer Investments ,/pity of Meridian enc. ~: APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 5 May 1995 Key Bank of Idaho Commercial & International Services ~~u 702 West Idaho s` Boise, ID 83702 KEt' BANK OF IDAHO KEY BA.tiK OF IDAHO KE5' BANK OF IDAHO KEt' BANK OF IDAHO KE5' BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY-BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF >_ ~ O = `o o ~ .N ~ ~ rU ¢ r= w m °o - f °rna 0 U C d N O SEPTEMBER 5, 1995 N U ~ m a a~imy x ~ aci ~ c o ~ WE HEREBY ESTABLISH -OUR IRREVOCABLE STANDBY LETTER OF CREDIT N0. 21-1542 D s o 1N FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642, FOR THE °' ~ ` ~ ACCOUNT OF WALTER P. KiRBY AND SHIRLEY B. KIRBY, h/w, 11801 FLORIDA DRIVE, BOISE, Ta u a Nat ~ IDAHO 83709, UP TO THE AGGREGATE AMOUNT OF FORTY-TWO THOUSAND ONE HUNDRED z ~ ° ° THIRTY AND NO/100 U.S. DOLLARS t842,130.00) AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN r L f0 C C y E ~ x AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND r ACCOMPANIED BY THE DOCUMENTS} SPECIFIED BELOW: ° o y 0 1. BENEFICIARY'S STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF MERIDIAN CERTIFYING THAT QUOTE, THE DEVELOPER HAS DEFAULTED AND FAILED TO PERFORM COMPLETION OF THE FOLLOWING IMPROVEMENTS AS REQUIRED tN THE ° r y DEVELOPMENT OF LA PLAYA MANOR SUBDIVISION: T 0 s LANDSCAPING & BERMING $ 17,380.00 a PEDESTRIAN WALK ALONG 5-MILE CREEK 13,200.00 ~ STREET LIGHTS 11.5~a0,00 ° o TOTAL $ 42,13UOO, UNQUOTE. a ° 1 PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL w LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. G o a THIS LETTER OF CREDIT IS EFFECTIVE SEPTEMBER 5, 1995. j Y Y ~ A ° WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE j HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, BOISE, IDAHO 83702. ° °- THIS LETTER OF CREDIT ~XPIREi~ CEP?DER ~, 1'996, AT OUR COUNTERS. ° o C E ~ 5 ALL BANK CHr1RGES OTHER THAN THOSE O; KEY BANK OF IDAHO ARE FOR ACCOUNT Of- ° BENEFICIARY. ~~~ o r ~~~ 3 ~ ~ EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM ° a ~ CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL ° `~ N CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED INTO THE TEXT OF o ; o THIS LETTER OF CREDIT BY THIS REFERENCE. ~~ o a x m ~ c C ~ O L n a ° °' ~ KEY BANK OF IDAHO _~= w _~~ ° Tt C = w '; t c d j d a c O V O Z C c '~ a m - N ~ n E ~ ~ i ` ' N ~ ~ I~' Q. ~~ ,[ ~'3 A AUT ~ D SIGNAT E ~ AUTHOR ED SIGNATURE c a m I_ z ~ o ~ .. m - O _ .-~ O ~ ~ 1 ~ a m U L ~ n a off o c O %NtiB A3% OHedl i0 MvtiB 43M pHtdl i0 %NYB A3% OHYOI d0 %NY9 A3% OHti01 d0 NNV9 A3% OHYOI i0 %NY9 A3% OH701 d0 %NY9 A3% OH001 i0 %NVH A3% OHYOf i0 %NY0 A3% OHYOI d0 ANYB A3% OHVOI !0 %NVfl A3% OHYOI f0 %Nt'fl A3% OH TH.E FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC