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Home My WebLink AboutMerrywood Subdivision Nos. 3 & 4OFFICIALS WILI„',4M G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Treaauror GARY O. SMITH, P.E. Clty Englnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, Flro Chlef W. L. "BILL" GORDON, Police Chlsf WAYNE G. CROOKSTON, JR., Aftomey 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887~d813 Public Worka/Building Department (208)887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P R 2 COMMISSION JIM JOHNSON, Chairman MOE AUDJANI 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: October 10, 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95 REQUEST: Variance request for Menywood Subdivision No 3 ~ 4 BY: Russell Hunnemiller 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE ~~ 1 CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Russell Hunnemiller Phone: 888-3822 (owner of holder of valid option) ADDRESS; 3299 Davis Lane, Meridian, Idaho 83642 GENERAL LOCATION: South side of Pine Street, 1/2 mile west of Linder Rd. LEGAL DESCRIPTION OF PROPERTY: attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: R 8 p~~~~r~rFg-.-~~u -~rerr--ca~r~~-~-~i~-~~---~a~~-~~t~.,-tit~~_.~~, SURROUNDING PROPERTY OWNERS: a list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. ( This information is available from the County assessor.) DESCRIPTION OF PROPOSED VARIANCE: To extend the preliminary approval time and change the name from Merrywood Sub. No. 3 and 4 to Pine Creek or P.C. Subdivision No. 1 and 2. I hereby certify that the information contained herein i true and correct. SIGNATURE. ~ ~ CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by page 2 APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be grated by the Council unless and until a written application for a variance is submitted to the Administrator and the Council. .Provide a written narrative containing, where applicable, the following outlined information: 1. Address of Subject Property. 2300 w. Pine Street, Meridian, Idaho 83642 2. Name, address and Phone number of applicant. Russell Hunemiller 3299 Davis Lane, Meridian, Id 83642 3. Name, address and phone number of owners of subject property. Linda Arnold 1480 Hartman Ave ~~201 Boise, Idaho 83712 4. Proof of ownership or valid option on the property or a contract interest therein with consent of title owner. Contract enclosed . 5. Legal description of subject property. attached 6. Present use of subject property. vacant 7. What is intended to be done on or with the property. Residential subdivision as previously approved as a part of Merrywood Subdivision Preliminary plat. 8. The district that pertains to the subject property.R8 Zone items- as may-be required. attached_ _ _.._.__. m.. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. This request is for the subdivision only. 11. A list of the mailing addresses of all property owners ( from authentic tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addressees of all property owners within the area of the land being considered. attached 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. This is a request for a time extension and name change. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. None 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. A new preliminary application would be required. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. None 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. None page 3 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. None 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. None 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. No special privilege will be conferred upon this applicant that is not available to everyone. 20. Relationship of proposed variance to the Meridian Comprehensive Plan. None 21. A fee established by the Council - Total Fee $276.98 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom,-which statement shall also represent whether profit and convenience is the sole reason why the var~an.ce_ is _reslu~-s~~1- _~_ .-...~..,4.a.,.._~~..6.1.-a..i...a_.aa.~+~ vv-i..~rr~,--~a-arv-~a _ 3~.1wt.,aJY~Ctt'•'~ t CYttEE"r I1Gi ': ~~ LLiiii .-tiL.V- V11Gi1b~yE Y1-tE -iiGill!{:----fit-Vltt-- - _.__' Merryw ood Sub. No. 3 and 4 to P.C. subdivision No. 1 and 2. The alternative is to go throu gh the p reliminary process again and arrive at the same place. Profit would remain the same and convenience would be gained for the applicant or well as the City staff, P and Z and City Council. 23 The property will be posted 1 week before the hearing stating that the Applicant has applied for a Variance. There must be a signed affidavit that. this has been done as part of the application. letters\variance UNPL4TfED 8 c z a ~y f z z v ~o 0 x N r m f ~_ z m Am~~ V ~~ te$~~ ~+~~ \ 1 o ~ ~ $ -~ O ~ o ~ _ ~ ~ e ~ ~ z _._ cy _ _ _. - - .... _ .. - ___ _ ~~ ..; . _ --~~ ~~ ~ ~ i i ` ~ mV1 ~ $ ~'° , $ ,g ,gyp ~" $~ ~ a' 9' `~ ~ ~ z (n O ~ Z ~ '¢ 4' . ~ d, r `4 ~ W ~ ,d 'qty ~ S~' N ._. i ~~ ~~ ~~ ~ ~ E A ?{ S O N ~ m s ac N E S av ~ MERRYWOOD SUBDIVISION PHASES 3 & 4 LEGAL DESCRIPTION CENTER OF SECTION 11 T. 3N. R 101. CP.Af. 761WO6 C/L W. PINE 5i. INRW. POWT MERRYWGOD SUB. ~ 3 7.05 ACRES 11 C/L W. PINE Sf. O SG \~. ? MERRYWOOD SUB. ~ 4 14.92 ACRES September 12, 1995 Johnson Engineering 9225 Chinden Blvd. Suite J Boise, ID 83714 MERRYWOOD SUBDIVISION NUMBER 4 LEGAL DESCRIPTION A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section 11 N 89° 10' 36" W S 00° 49' 24" W S 35° 56' 13" W S 61° 35' 18" E S 52° 55' 18" E S 44° 12' 24" E S 22° 28' 59" E N 88° 28' 31" W N 00° 52' 31" E S 89° 10' 36" E 183.00 feet to the initial point, 65.00 feet, thence 130.43 feet, thence 37.01 feet, thence 340.06 feet, thence 719.84 feet, thence 43.95 feet, thence 1149.05 feet, thence 924.97 feet, thence 389.46 feet, to the initial point thence ' September 12, 1995 Johnson Engineering 9225 Chinden Blvd. Suite J Boise, ID 83714 MERRYWOOD SUBDIVISION NUMBER 3 LEGAL DESCRIPTION A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section 11 T.3N., R.1W., which is the initial point, thence S 89°10'36" E 278.79 feet, thence S 00°38'16" W 265.00 feet, thence S 44°38'26" E 560.27 feet, thence S 45°21'34" W 99.56 feet, thence S 16°20'29" W 53.88 feet, thence S 45°47'36" W 109.16 feet, thence N 44°12'24" W 662.38 feet, thence N 52°55'18" W 340.06 feet, thence N 61°35'18" W 37.01 feet, thence N 35°56'13" E 130.43 feet, thence N 00°49'24" E 65.00 feet, thence S 89°10'36" E 183.00 feet to the initial point REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT Subject to the terms and conditions of the Option to Purchase Real Property to which this Contract is attached, LINDA J. ARNOLD, hereinafter referred to as the SELLER, hereby acknowledges the receipt of the sum of TWENTY THOUSAND DOLLARS ($20,000.00) from RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, hereinafter referred to as the BUYERS, in the form of a retained and nonrefundable o c price as an earnest money deposit ~~~ on account of the tota~. p rc a price of THOUSAND DOLLARS for the purchase of those two (2) of Ada, State of Idaho, which are more particularly described on Exhibit "A" attached hereto. The purchase and sale of said real property, which consists of approximately 21.90 acres more or less, shall occur on the following terms and conditions: SECTION ONE: TERMS. A. If BUYERS exercise their option on Parcel I, they shall pay SELLER the sum of DOLLARS (; ) cash at the closing of the sale on said parcel; REAL ESTATE PURCHASE CONTRACT - 1 B. If BUYERS ex c' a their option on Parcel II, the total .r y; ~ (; purchase price ~~r' s d arcel shall be `., ~`-~ 1- it-~~ THOUSAND DOLLARSJw''~( . ~~j- paid as follows. BUYERS sh.~. ~..: receive a TWENTY THOUSAND DOLLAR ($20,000.00) credit against s-~: total purchase price, which amount represents the TWENTY THOU~~" DOLLARS ($20,000.00) paid by BUYERS to SELLER under that cert-~n OPTION TO PURCHASE REP..L PROPERTY, and By~YEtR~S shall .pay to set ~.r ~v ~S - THOUS DO LARS ( _ ) cash a ~'~ ~ ,~~ . the closing of the sale on s p~fc l; ,~~`-- C. If BUYERS fail to exercise either or both of the Options under which this Agreement is executed, BUYERS shall not be obligated to complete the purchases hereunder. SECTION TWO: CLOSING AGENT AND CLOSING. The closing agent for the transaction contemplated by and between BUYERS and SELLER for the purchase of Parcel I and Parcel II shall be PIONEER TITLE COMPANY OF ADA COUNTY. If the BUYERS execute their option on Parcel I, the purchase of Parcel I shall close on or before February 1, 1996. If the BUYERS execute their option on Parcel II, the purchase of Parcel II shall close on or before July 1, 1996. All fees charged by the said closing agent associated with the closing of the purchase of Parcel I and Parcel II, including document preparation and closing fees for each closing, excluding REAL ESTATE PURCHASE CONTRACT - 2 from such costs the cost of title insurance, shall be paid one-half by the BUYERS and one-half by the SELLER. SECTION THREE: TITLE. At the time of the closing of the purchase of Parcel I and Parcel II, as provided hereinabove, the respective titles of Parcel I and Parcel II, shall be free of liens, encumbrances, easements, restrictions, rights, and conditions of record or known to the SELLER other than the following: A. Current property taxes; B. Covenants, conditions, restrictions, and easements of record, if any, provided the same do not adversely, affect the - ., _. _, - n.._:~.a ~cipa a an -- 'esire .~ _.t ~"-property -Ly yBiJYER~'~~~ei:ng understood and agreed by and between the BUYERS and the SELLER that the BUYERS desire to establish and create their own covenants, conditions, and restrictions and easements applicable to and binding upon Parcel I and Parcel II, and the purchase of either Parcel I or Parcel II is subject to the removal by the SELLER of any and all covenants, conditions and restrictions, and easements, if any, applicable to and binding upon Parcel I and Parcel II; and C. The SELLERS shall furnish the BUYERS, at the SELLER'S expense, preliminary title reports and Standard title insurance policies issued by PIONEER TILE COMPANY OF ADA COUNTY, for Parcel REAL ESTATE PURCHASE CONTRACT - 3 I and Parcel II showing title vested in the BUYERS' name subject only to the above. The said preliminary title report shall be provided by the SELLER to the BUYERS within ten (10) days of the BUYERS exercising their respective options on Parcel I and Parcel II. If SELLER is unwilling or unable to eliminate any title matter disapproved by the BUYERS in writing within five (5) days of the BUYERS' receipt of said preliminary title report, the BUYERS may terminate this Agreement. If the SELLER fails to deliver title as above, the BUYERS may terminate this Agreement. SECTION FOUR: PROBATIONS. Property taxes and any ~rri ati~on ~dst=ic~.a.asses:sments shall. be rorated as of...the date _ _ v . the purchase of Parcel I or Parcel II closes. Any bond or assessment which is a lien shall be assumed by the BUYERS. SECTION FIVE: POSSESSION. Possession of each parcel shall be delivered to the BUYERS on the date the respective purchase of Parcel I or Parcel II closes. However, during the term of this Agreement, SELLER shall cooperate with BUYERS' efforts to continue the development and improvement of the premises, allowing BUYERS to enter upon the premises and to do all things reasonably necessary to BUYERS' efforts to continue the development and improvement of the premises. SELLER shall execute any and all documents, REAL ESTATE PURCHASE CONTRACT - 4 agreements, and other instruments reasonably necessary to and for BUYERS efforts to continue the development and improvement of the premises. SECTION SIX: VESTING. BUYERS shall instruct the closing agent to cause title to vest in .BUYERS' name, or in the name of BUYERS' nominee, in such manner as they prefer. SECTION SEVEN: WATER RIGHTS. On the date the purchase of Parcel I or Parcel II closes, SELLER shall convey to BUYERS, by standard form Bill of Sale and through execution of such other necessary documents or instruments, all water rights in and to the _ ~_ __ r-_ __. _, - ,- Namps-Merl iaa rriga ~.on ~e ric w is are apPur enan to t e subject property. SECTION EIGHT: ATTORNEY'S FEES. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to such other amounts as may be awarded. SECTION NINE: PERSONAL PROPERTY. The foregoing purchase and sale shall include only the specified real property of the SELLER and shall not include any personal property of the SELLER. REAL ESTATE PURCHASE CONTRACT - 5 However, SELLER shall provide BUYERS with copies of all engineering and other development documents pertaining to the property at no additional cost to BUYERS. SECTION TEN: TAX WITHHOLDING. The BUYERS hereby represent, under penalty of perjury, that they are not foreign persons within the purview of Internal Revenue Code Section 1445 and that the provisions of the Foreign Investment in Real Property Tax. Act are, therefore, not applicable to this purchase and sale. SELLER shall be responsible for the reporting of this transaction to the Internal Revenue Service on form 1099. SECTION ELEVEN: ENTIRE CONTRACT. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. All REAL ESTATE PURCHASE CONTRACT - 6 Y representations of either party upon which the other party may rely, or is relying, are embodied herein. SECTION TWELVE: CONDITION OF PROPERTY. Subject to any site improvements or other charges made by BUYERS or at BUYERS' instructions, the SELLER warrants, through the date possession is granted to the BUYERS, that the property shall be maintained in the same condition as exists upon the date of the execution of this Agreement. SECTION THIRTEEN: SELLER'S REPRESENTATION. SELLER warrants that she has no knowledge or any notice of violations of city, _-- county, - state,-~e~e=al', ~biaildng,~--zoning;-fire; --~l~~code-s or ordinances, or other governmental regulation filed or issued against the property. This warranty shall be effective until the date the purchase of Parcel I or Parcel II closes. SECTION FOURTEEN: AMENDMENTS. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever except by a further agreement in writing executed by the BUYERS and the SELLER. REAL ESTATE PURCHASE CONTRACT - 7 SECTION FIFTEEN: REAL ESTATE COMMISSIONS. No licensed real estate agent has provided any services in connection with the negotiation and/or consummation of this Agreement. It is, therefore, understood by all parties to this Agreement that no part of the purchase price shall be used to pay real estate commissions. SECTION SIXTEEN: CONTRACT PREPARATION. The parties acknowledge that this Agreement was prepared by an attorney employed exclusively by SELLER and that said attorney cannot and does not represent BUYERS in this matter. BUYERS acknowledge that they have been advised to have this Agreement reviewed by independent counsel. SECTION SEVENTEEN: TIME OF ESSENCE. The parties hereto expressly agree that time is of the essence in the performance of this Agreement. No extension or waiver of any deadline established hereunder shall be effective against any party unless said extension or waiver shall have been agreed to in a written instrument signed by the party to be bound. SECTION EIGHTEEN: COUNTERPARTS. This Agreement may be executed in counterparts and the separate counterparts, when REAL ESTATE PURCHASE CONTRACT - 8 assembled as a single document, shall be binding on all parties to this Agreement. SECTION NINETEEN: FACSIMILE SIGNATURES. The facsimile transmission of any signed original of this Agreement, and any retransmission of any signed facsimile transmission shall be regarded as the same as the delivery of an original. At the request of either party, the parties will confirm facsimile transmitted signatures by signing an original document. Executed by the SELLER at ~ ~ ~ ~,~,~~-tip , Idaho on this Q~ the 'C day of 1995. ___ SELLER: /7 LINDA J. ARNpLD REAL ESTATE PURCHASE CONTRACT - 9 Executed by the BUYERS at ~~ ~_, Idaho on this the ~ day of , 1995. )ss. County of Ada ) BUYERS: RUSSE D: HUNEMILLER ~~v ~ C~ EN E. HUNEMILLER On this ~L~-day of .~1 , 1995, before me, the undersigned, a Notary Pu lic in and for said state, personally appeared Linda J. Arnold, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to be that she 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. ~.• T1E D, ' ~.` ~V•..»...~0~. (seal ) •.•• '••~ * l ~•lOT ~ °~~' .~,• ` ~- • A ~ .y •. ~'., ~' •••.....••• p •.,~~ pF ID ~~, :, , ,,~ff~UtC :' ~~. .. REAL ESTATE PURCHASE CONTRACT - 10 No ary Public for daho Residing at Idaho STATE OF IDAHO ) )ss. County of Ada ) On this day of 1995, before me, the undersigned, a Notary Public in and for said state, personally appeared Russell D. Hunemiller and Karen E. Hunemiller, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (seal) Notary Public for Idaho Residing at , Idaho REAL ESTATE PURCHASE CONTRACT - 11 OPTION TO PURCHASE REAL PROPERTY LINDA J. ARNOLD, Optionor, and RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, Optionees, agree to the purchase and sale of an option on .all of that real property located within the city of Meridian, county of Ada, state of Idaho, which real property is more particularly described on Exhibit "A" attached to the end of that Real Estate Purchase Contract and Receipt for Deposit which is attached hereto. The option between the parties shall be on the following terms and conditions: 1. In exchange for the grant of said option, Optionees shall pay to Optionor the nonrefundable sum of TWENTY THOUSAND DOLLARS ___ __ 20_000.00 --~-s -the -o tion rc~iase .:.- ~ __ _ - ---- deemed fully earned and nonrefundable upon the execution of this Agreement and shall be paid by the Optionees to Optionor contemporaneously with the execution of this Agreement. 2. In the event Optionees exercise their option to purchase Parcel II under this Agreement, the foregoing option purchase price shall be applied and credited to the purchase price for Parcel II. 3. In the event Optionees decide to exercise their option with respect to Parcel I, Optionees shall give Optionor their written notice of their election to exercise said option on or OPTION TO PURCHASE REAL PROPERTY - Page 1. before January 1, 1996. In that event, the escrow on the sale of Parcel I shall be closed not later than February 1, 1996. 4. In the event Optionees decide to exercise their option with respect to Parcel II, Optionees shall give Optionor their written notice of their election to exercise said option on or before June 1, 1996. In that event, the escrow on the sale of Parcel II shall be closed not later than July 1, 1996. 5. In the event Optionees shall fail to notify Optionor of their exercise of their option on Parcel I on or before January 1, 1996, their remaining option on Parcel II shall immediately become null and void. Optionor shall thereafter be permitted to sell or otherwise dispose of both Parcel I and Parcel II in such manner as ~~ she shall: see fit. V 6. In the event Optionees shall exercise their option with respect to Parcel I, the option purchase price specified above shall be applied against the $297,000.00 purchase price for Parcel II. 7. In the event Optionees shall exercise their option with respect to either or both of the subject parcels, the purchase and sale of said parcels by Optionees and Optionor shall be consummated on the terms of the Real Estate Purchase Contract which is attached hereto. OPTION TO PURCHASE REAL PROPERTY - Page 2. 8. During the term of this Option Agreement, Optionor shall cooperate with all of Optionees' efforts and endeavors to further develop the subject property, allowing Optionees to enter upon the subject property and to do all things reasonably necessary to Optionees' efforts and endeavors to develop further the subject property. Optionor shall execute any. and all documents, agreements, and other instruments reasonably necessary to and for Optionees' efforts and endeavors to further develop the subject property. 9. Optionees agree that all expenses related to Optionees' development of the subject property during the period of this Option Agreement shall be paid by Optionees. Said expenses shall., under no circumstances, be reimbursed to Optionees by Optionor, regardless of whether Optionees elect to exercise their option. 10. In the event Optionees fail to exercise their option under this Agreement, Optionees shall immediately remove or clear any and all liens which may have been placed against said property as a result of any contract or agreements entered by Optionees during the term of this Agreement. Further, Optionees shall immediately reimburse to Optionor any and all amounts which Optionor has been required to pay in order to clear title to said property from any claims for development or other costs incurred OPTION TO PURCHASE REAL PROPERTY - Page 3. /_ during the term of this Option Agreement so long as said expenses were not incurred by the Optionor. 11. Optionees shall be permitted to prepare and record a Memorandum of this Option Agreement against the subject property if they so desire. If Optionees fail to exercise their option hereunder, Optionees shall cooperate with the preparation, execution, and recordation of a further Memorandum indicating that the property is no longer subject to Optionees' claims of any sort. DATED this ~ day of September, 1995. ~.. ~a;~r~~~l(~ I; A J. AR OLD, Optionor DATED this ~ day of September, 1995. RUS ELL D. HUNS LLE v EN E. HUNEMILLER OPTION TO PURCHASE REAL PROPERTY - Page 4. State of Idaho ) ss. County of Ada ) 1 ,.__ _._..__...--- On this /8~ day of September, 1995, before me, thc: undersigned, a Notary Public in and for said State, personally. appeared LINDA J. ARNOLD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to mc_ that she executed the same. IN~,y11~'}V~SS WHEREOF, I have hereunto set my hand and affixed m~:~ offio~~~ji~gr'~ the day and year first above written. 'f =t NOT °,~ .~ q~ , , .~ ~ ~~ „ L c :tA• A \ ~ • ~ .~ GeL ~ C o Not ry Public for ~dao '•.•~,~,~~EAL) ••.~ •• Residence: ^yyj,Q~y '•. O ''•"' Commission Ex fires : 7- as- - 9 ~ '•., AID AKA p ,,~~~~~44~644~6~+ a o ___ - _. _ _. _ _ _ . _ _ _ _ County of Ada On this day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Notary Public for Idaho (SEAL) Residence: Commission Expires: OPTION TO PURCHASE REAL PROPERTY - Page 5. State of Idaho ) ss. County of Ada ) On this / S~ day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared LINDA J. ARNOLD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that she executed the same. off N a ,~ N„y1T~,~.'~iESS WHEREOF, I have hereunto set my hand and affixed my C~~j~Br, the day and year first above written. ~•• N 0 • off? ~ T,~~ e .tai ®~ ~ ° A ~ GeCIC a No ry Public for vlda EAL ~' -~ Residence: ^yyl,Q~ ° Opp'"', ~p Commission Expires : 7- aS' - 9 ~ ID AK State.-of Idaho ) County of Ada ) On this day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RUSSELL D. HUNEMILLER and KP,REN E. HUNEMILLER, husband and wife, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Notary Public for Idaho (SEAL) Residence: Commission Expires: OPTION TO PURCHASE REAL PROPERTY - Page 5. EXHIBIT "A" LEGAL DESC;RII'TIONS PARCEL I. A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section initial point, thence S 89°10'36" E 278.79 feet, thence.. S 00°38'16" W 265.00 feet, thence S 44°38'26" E 560.27 feet, thence S 45°21'34" W 99.56 feet, thence S 16°29'29" W 53.88 feet, thence S 45°47'36" W,109.16 feet, thence N 44°12'24" W 662.38 feet, thence N 52°55'18" W 340.06 feet,. thence N 61°35'18" W 37.01 feet, thence N 35°56'13" E 130.43 feet, thence N 00°49'24" E 65.00 feet, thence 11 T.3N., R.1W., which is the S 89°10'36" E 183.00 feet to the initial point . ~,~.~,.,_-t,~.x~aag~..7i..~45..~cres-,...~~,,,~ ~.,. _._ __.. _... _ _ r...__. ~__ __~,._ PARCEL II. A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section it N 89°10'36" W 183.00 feet to the initial point, thence S 00°49'24" W 65.00 feet, thence S 35°56'13" W 130.43 feet, thence S 61°35'18" E 37.01 feet, thence S 52°55'18" E 340.06 feet, thence S 44°12'24" E 719.84 feet, thence S 22°28'59" E 43.95 feet, thence N 88°28'31" W 1149.05 feet, thence N 00°52'31" E.924.97 feet thence S 89°10'36" E 389.46 feet, to the initial point Containing 14.92 acres. a z ~zl I I I I I ~I r ~~ ~~~ ~~~ ~ o ~~~ .Z ~° a 0 Q I-~ U f~/~ Z O a O f"~~ w a /'1 ~ a w ~/ 1 Z M Z Q ~"~'~ p Z I Q 5 rn z °' a H~ ~ ~ c~? 3 z m m ~ w~ . h-+--I ~ ~ Z ~ 3 p CZ9 V w 0 ~ ~ W`? n ~n _ Q ZOO ~ V 1 M ~ Z~ 1- z 2 O _- J ~ Z O g ~ I O U a w Z O w 0 w w , r~ ° z ~ ~ W ~ ~ ~~ I ~. ° ~ ~ I a ; I ~~~~~ ol~ ~I~ N I N I I o I ~ I v ~ I 8 ~i V 0~ y~~~~ 4 ~~ bii;~",r ~~0' ~: ~~a y~o. a~ ~~ ~~ ~z ~~ ~i W a`a( ~, ~~ O~ J ~ ~~ ,W S9G - - - '~o 3„91,9£AON ~ ~SS ,D .Y1 8 3 ,~ -' ~TT .~'£Z6 M rZZ.££.00 S _ V / 0'0 .Cl'CL for ,Of'L- ,99'Ltl ,00'59 ,00'59 .00'59 AO'S9 ,00'59 AO'S9 .00'59 ,09'LL .51251 I 1 V, ~ ~. ~ _O yl W W W W ~ W W ~ W W W ~ T .00'LY t~ ~'~~ t0 oR ~ $~ i~mpp on O/ $~ 0 0~ ~ ~~ ~ o~ ~ g'~ '~ ~~ ~ 6 w O y ~ N .~. 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I o C! t!' ~ ~ ` y 'i ~ o N ri f'1 ~ v ~ b p~E' ~r ory.,° ~` y ~tQ ~h^~~ .a w, ~ _. r W ,ooroZt $ N ROT N ~~° ~.~~ ,~. of ~~. 5 e'~' •0b Jb, ~ c4z t ~ M .oo.tcto s _,, $ ~ ,as•er ~ ^~' dT ;`bo \~~d~ 9v ~ ~' ~~ .~ g ~ ~ ~ ~~ti ° ~ .zoro5 ~ ~ ~ a I ~ Q roc Za'~ OY'r£t fie. ~'1tQ oNf '$Q ~ O y' '~~~ ^ ~ .00.1£.1 ,OOroZI ~ ~ yl I ,oorozl ~i '4~ ~r$~ ~'4cf ~ ~ ~~~ v.~ ~ ''~ ~~ ~~$ N8 ~ ~M .oo.tcto s ~ •S~'~bf y~cP a'`~ ';~ 5~~ ~~ .~'Q~$` cP .00'OZZ 3 r00.1.£l0 N o v to ~ '~~ '~°'. ~ ~ ti d V '*O. Fr M a X~ '3AV NV10a N ~ s ~ ~~ ! 6.,dS .~^cb$ cP ~ ~ _ s, J ~ ti ~? ti~O Q - ~ Z ~ ~ ~ ~c • J .O - m ,99'-Ol M'.OO,O~LO 5 r • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8 1995 APPLICANT: ITEM NUMBER; 16 REQUEST; I DINGS OF F C AN NC N O W FOR V C R U T Y RUSSELL HUNNEMILLER ' ~~JYhG/dU~ ~! _~ JU-CJ~iU-~+d^ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW 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. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF RUSSELL HUNEMILLER FOR A VARIANCE FROM THE 11-9-604 I. 1. RECORDING OF FINAL PLAT FOR MERRYWOO UBD VI ION #1 and 2 4 Tr,r, ~unNGTNC~ NAME TO MORNING GLORY S ALY L FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 17, 1995, at approximately 7:30 p.m• on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I. 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for October 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2, That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - D, and 11-9-612 B. 1.b. of the Revised and Compiled Ordinances ' that this requirement has been met. of the City of Meridian; 3, That Ordinance 11-9-604 I. 1., requires that the final lat be filed with the County Recorder within one year after P royal written approval by the City Council, otherwise such app shall become null and void, unless prior to said expiration ate an extension of time is applied for by the applicant and d granted by the Council. ranted a 4, That the Applicant has requested to be g requirement; that variance from the above filing and recording 1995, hearing Russ Hunemiller testified at the October 17~ the reliminar~ stating that he was not the owner at the time of P lat approval, and he is now taking over the Subdivision and P requests a one year extension and that the name of the Glory 1 and 2. Subdivision be changed to Morning 5. Tie entire property in question is described in the ubdivision application and is incorporated herein as if set s forth in full. ro erty owner. 6, That the Applicant is the p P ~, That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department commented that it did not have a problem with the variance; and that the Central District Health Department had no objections. g, That the Ordinance requires that the plat be recorder FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE within one year of final plat approval; that since the plats roved on , the plats should have been were app that the ordinance recorded on or before also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one year. 9. That proper notice. was given as required by law and all procedures before the City Council have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice of hearing on the proposed v~riunc~ to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuar.- to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the recor submitted to it and the things upon which it may take judicial notice. 4. T;~at the Council may take judicial notice of its own proceedings; those of the Planning and Zoning Commission, FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE ntal statutes, ordinances, and policies, and of actual governme conditions existing within the City and the State. 5, That the following provision of Section 11-9-612 A. Ordinance is noted which is pertinent to the 1,, of the Zoning Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unnsuorcarplanednunittsuch as topographic - physical limitatio rovisions of this development), may grant variances from the results from the Ordinance on a finding that undue hardship uirements of strict compliance with specific provisions or req lication of such provisions or the Ordinance or that app a variance requirement is impracticable. (, That the specific requirements regarding that must be evidenced and found by the City Council are as follows: 1 1 -9-61 2 A. 2. , FINS S variance shall favorable acted upon by the Council un1E No as a result of a public hearing, that all t;,cie is a finding, of the following exist: That there are such special circumstances licationtofnthe a' the property that the strict app affecting be impracticab. provisions of this Ordinance wou~hecsubdivider shall firs or unreasonable; in such cases, rovision state his reasons in writing as to the specific p or requirement involved; That the strict compliance witaozdinaryuirements of this hardship to the b. h sical Ordinance would result in ex r o ra h other p Y subdivider because of unusual top g P Y- nditions or other such conditioons would resulttinelf- co inflicted, or that these condi i inhibiting the achievement of the objectives of this Ordinance; ranting of the specified variance will not be ~, That the g ublic welfare or injurious to other detrimental to the p ro erty is situated; property in the area in which the p P t such variance will not violate the provisions of th d, Tha S OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE FINDING 1 Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivisions were approved. 8. That regarding Section. 11-9-604 A. 2. it is specifically concluded as follows: a. That there are no special circumstance or conditions affecting the property that the strict application of the provisions of 11-9-604 I. 1. would clearly b~ u.~aasonable. b. That strict compliance with the requirements of the 11-9-604 I. 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted, but since there have been no significant Subdivision and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a variance would not be detriment- al to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before October 17, 1996, and the requirements of 11-9-616 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 5 shall be complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and change of name to Morning Glory 1 and 2, and all other ordinances of the City of Meridian must be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. Dl1T T l~T T.T_ COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD VOTED VOTED VOTED VOTED (Tie Breaker) VOTED DECISION That it is decided the variance from the 11-9-604 I. 1. is hereby granted and the plat must be recorded on or before October 17, 1996, and name change to Morning Glory Subdivision 1 and 2. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - PREPARED BY JACK C. RIDDLEMOSER, Attorney at Law MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: RUSSELL HUNNEMILLER ITEM NUMBER; 21 REQUEST; REQUEST FOR A VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WI,~.LIAM G, r3ERG, Jr., Clty Clsrk JANICE L GASS, Clty Trsaaurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. 5TUART, Watsr Wake Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P i Z Adm. KENNETH W. BOWERS, Firo Chief W. L. "SILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (ZOB) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONAlO R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE wALTw. MoRROw P i Z COMMISSION JIM JOHNSON, Chairman MOEALIDJANI 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 Councii, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10. 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17!95 REQUEST: Variance request for Merrywood Subdivision No. 3 ~ 4 BY: Russell Hunnemiller -- ,_---- ;L4CA0~~'.R!QP~RT?~--t:~..~3~:~~,~i- ~~-3s __ _ _ -~^.~. ~-~-- - - ,t ~ ~-.ss^ -ter ~.+~ r~e~v ,.. mx~y-"~ smr~,.+,_., +._,,,..,_ ;;- :._'z~''~ ~~ - -- JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM &FlNAL 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FlNAL PLAT) BUREAU OF RECLAMA ELI FINA CITY FILES ~ Y , OTHER: YOUR CONCISE RE RKS: R~~~G~~~ Q C ~ - 2 1995 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN CI'f~ OF ~F~I~IA-~' OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Troasuror GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waats Wate-Supt. DENNIS J. SUMMERS, Parka Supt. $HARI S. STILES, P ti 2 Adm. KENNETH W. BOWERS, Flro Chlef W. L. "BILL" GOROON, Pollee Chlet WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO 1VIERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON. Chairman MOE AUOJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES .FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10. 1995 TRANSMITTAL DATE: 9126195 HEARING DATE: 10/17/95 REQUEST:_Variance request for Merrywood Subdivision No. 3 ~ 4 BY: Russell Hunnemiller .~.__.-~-~C-~TiO~I#~F-~?~i.TP~TY~R~?°R°~_.it~~_~~~ ~.':€~:~$~ a ._ _f_ _"~~t~c~.. _- JIM JOHNSON, P2 MOE ALIDJANI, P2 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(PRELWI & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAF~O POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAN DITHER: S ~° 0~7-- ~ S' YOUR CONCISE REMARKS: ~ ~ E ~e.rJ 2 •%f, L ... d. Y fry' -a ..:' _ « ~~' --~ <. V I:. •~V ~' `z- HUB OFTREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division p'1'~' H EA LT H ^ Boise DEPARTMENT OCT ~ 2 tgg5 ^ Eagle ~.~•r~ ~)~ ~~~~~,~ ^ Garden city Rezone # ' ~~r~leridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~~r/~N~~/ ~~~~~~~~ ~ScJ~I~/!//S/ate /~~ j~ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve .this Proposal #or andividua) sewage disposal to be"aocated above s8lid aava layerf. -- ----- - - ^ 2 feet _ " ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. ^ 13. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department••uvould recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~~ ~ y ^ I5. Date: / / Reviewed By: Review Sheet CDND 10/91 rcb, rev. I/95 Y Merrywood Subdivision Concerns JUN - ? 199 To: Linda Arnold Dear Ms. Arnold, CITY OF MERIDIAN Date: May 27, 1994 The purpose of this letter is to bring forth the following concerns of the Merrywood Subdivison: 1) Accounting for Yearly dues 2) Elections for Association board member seats 3) Completion of landscaping in commons area 4) Weed control in vacant lots 5) Sign identifying Merrywood Subdivision 6) Association Meeting Accounting for Yearly Dues The $120 may be a reasonable fee for association dues. We recognize this pays for maintenance of the commons area and the pump. However, the association board members and all homeowners should receive an accounting of the dues and be able to review the financial records and books (OCR's Article II, Sec. 1). Also, the newly elected president of the association should have access to this account to write checks for bills and miscellaneous expenses. Elections for Association Board Member Seats Phase 1 of Merrywood Subdivision is nearly full with only a few lots remaining. It is time for all three of the association board member seats to be elected, yours included. Current board member, Mike Storilen, is moving, so an election is needed. Phase 2 currently under construction should not be considered as criteria for elected board members. Under the current covenants, Phase 2 is not mentioned. In the CCR's each lot receives one vote. More local ownership is needed within this subdivision for Association responsibilities. Completion of Commons Landscapingt Landscaping of the commons area has not been completed along the west side of the entrance. This should have been completed long ago. This needs to be completed before any Phase 2 landscaping occurs. Weed Control in Vacant Lots The remaining vacant lots in Phase 1 will soon become very unsightly and a source of noxious weeds. They need constant weed control throughout the year. A deep disking with possible herbicide treatment is needed now, and at least once a month, to prevent weeds from going to seed. Owners of these lots need to be informed and should be billed for weed control if it is not done. Sign for Merrvwood All respectable subdivisions in the area have an attractive sign identifying their subdivision. Why don't we? An appropriate sign, along with completion of the entrance landscaping,. should be the developer's responsibility. I believe you could get volunteers from the association to inquire on signs and give you a list of sources. Association Meetina A meeting of the Merrywood association is needed by the middle of June/94 to address these concerns and for new board member elections. Volunteers from the association, could help you find a meeting place. Summary We all want this subdivision to grow into an attractive place to live. It seems, however, to be languishing with mismanagement and lack of communication between the association and the developer. We would appreciate a written response from you to all of the above concerns by June 6, 1994. Please address your letter to Gary Kuhn, 712 N Rotan Ave., Meridian, ID 83642. If we do not hear from you, we shall assume you are not concerned and we will bring these matters to the appropriate officials. M Our signatures indicate our support for the requested actions stated in this letter. Address Phone Date Name /~5~'T'i~ I' 'r.~•/ Si +~a•fz<..;~ c •rlte Sa.. iviSi•~~1 ;,~;~~c.u-N(S^• ~/ ~ ~,,.~ : !I /~~c.:.~_t is ~t'~ ~ k:w ~ ,t.,~ ~ o~/~'°rt``-:.. ; •i~ •r~ s ~~ ~•~ ~..~~ ~- ~~a.~v~~ `?~i~~i~ o~Dl~ lr.~ ~~~~ _ gam- 7~7/ ~'~~~ /~~ r ~ Our signatures indicate our support for the requested actions stated in this letter. Address Phone Date ame ~~ ~ ~ ZS ~~ ~ ~ . /~, ~~ 'l~N Abcro ~~s~y ,~~ 797 5 a5tiq ~- ~~~ 9y S ~~ `~~ ~- ~ -~~~ MERIDIAN CITY COUNCIL AUGUST 6, 1991 PAGE #3 ITEM #6: TENATIVE BUDGET FOR 1991/92 FISCAL YEAR: RESOLUTION N0. 138: Kingsford: A RESOLUTION AUTHORIZING THE PUBLICATION OF AN ESTIMATE OF THE EXPENSES FOR ALL PURPOSES FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO FOR THE FISCAL YEAR BEGINNING TI3F ~.ST .1.lAX OF OCTOBER, 1991 AND ENDING THE 30TH DAY OF SEPTEMBER, 1992, AND GIVING _ NOTICE OF PUBLIC HEARING PRIOR TO THE PASSAGE OF THE ANNUAL APPROPRIATION BILL: The Motion was made by Yerrington and seconded by Myers to approve of Resolution No. 138. Motion Carried: All Yea: ITEM #7: BID ON PARKING LOT AT CITY HALL: Jim Shearer: We have only received one bid on this project. The bid come in at $39,900.00, our bid estimate was $30,000.00. I think we are considerable over our budget and this is quite a bit over what we'd planned. Kingsford: It would be my recommendation that we reject the bid and look at bidding that in the 1993 fiscal year budget. The Motion was made by Myers and seconded by Tolsma to reject the bid. Motion Carried: All Yea: ITEM #8: COVENANTS ON MERRYWOOD SUBDIVISION: Crookston: On Page 13, I assume they are requesting to be allowed not to have street lights and go ahead with the yard light situation, if they do on paragraph 5 on page 13 it needs to mention that the lights need to be wired directly to the panel. Again we have a zoning violation, that's page 14 in paragraph 9. The Motion was made by Myers and seconded by Tolsma to approve the Covenants on Merrywood Subdivision conditioned upon attorney's comments. Motion Carried: All Yea: ITEM #9: DEPARTMENT REPORTS: Wayne Forrey: Thanks City for allowing him to help the staff. Jack Sweet is here, he is on the Downtown Improvement Committee and he has some good pointed comments directed towards E. 1st. People were very pleased with the project until it got all of a sudden quiet and they wondered where was the contractor and why weren't they keeping on schedule. There are a few reasons why and I'd like to explain those. First of all throughout the project property from Idaho Street Intersection to King Street there's been multiple leaking irrigation pipes, some of that is due to age and some due to materials. Another concern was rerouting irrigation lines to solve some problems, when they were rerouted they went over existing city water mains, then there wasn't enough depth between the two pipes and not enough cover so it took extra digging and things like that. There is insufficient drainage by DD and Dicks Car Corral and that has taken quite a bit of redesign and we still don't have ACRD approval. There is further insufficient drainage at Ada Street. Explained further problems and complications that have arisen. (TAPE ON FILE) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by LINDA J. ARNOLD aka GUANDOLYN J. ARNOLD, hereinafter referred to as "Declarant." W I T N E S S E T H: WHEREAS, Declarant is the owner of certain property in Boise City, County of Ada, State of Idaho, which is more particularly described as: Lot 1, Block 1, Lots 1 through 23 inclusive, Block 2; Lots 1 through~20 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4; and, Lots 1 through 5 inclusive, Block 5, Merrywood Subdivision No 1, Ada County, Idaho, according tv the official plot thereof on file and of record in the office of Recorder of said county. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and condi- tions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to MERRYWOOD NEIGHBORHOOD ASSOCIATION, INC., its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 Section 2. °Owner° shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "PROPERTY" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. °Lot" shall mean and refer to any plot of land designated as a lot upon any recorded subdivision map of the Properties. Section 5. "Declarant" shall mean and refer to LINDA J. ARNOLD aka GUANDOLYN J. ARNOLD, her successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND BOARD OF DIRECTORS Section 1. Membershia. Every owner of a lot which is sub- ject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 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. The Association shall maintain a member list and may require written proof of any member's lot. ownership interest. The financial reports, books and records of the Association may be examined, at a reasonable time, by any member of record. Section 2. Voting Rights. Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote 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 vendee unless the contract expressly provided otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. Section 3. Officers and Directors. At an annual meeting called pursuant to notice as herein provided, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. An annual meeting shall be called for election of a Board of Directors even if not required for approval of annual or special assessments. There shall be three directors elected to serve for a period of one year. DECLARATION OF COVENANTS, CONDITIONS AND. RESTRICTIONS, Page 3 Section 4. Association Duties. The Association is auth- orized, but not limited to, performance of the following: prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year, including irrigation water costs, 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, and care of grounds, repairs, renovations and paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management, fees, expenses and liabilities incurred by the Association from a previous. period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills, including irrigation water charges, and related expenses for any common facility including the irrigation pump. The Association shall be responsible for the maintenance of the common areas. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 ARTICLE III COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) an initial assessment of $50.00 for each lot payable at closing, (2) annual assessments or charges, and (3) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Subsequent owners shall not have the personal obligation for delinquent assessments. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of common facilities for irrigation water costs and taxes paid to the Nampa and Meridian Irrigation District by the Association and for the DECLARATION OF COVENANTS, CONDITIONS AND. RESTRICTIONS, Page 5 carrying out of any of the duties of the Association. Section 3. annual Assessment. (a) Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment shall be Fifteen and No/100 dollars ($15.00) per Lot. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment may be increased above 5$ by a vote of (2/3) of the lot owners who are voting in person or by proxy, at a meeting duly called for this purpose. (c) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, .the annual assessment may be increased each year not more than 5$ above the assessment for the previous year without a vote of the membership. (d) From and after January 1 of the year immediately following conveyance of the first lot to an Owner, the annual assessment shall include the pro rata share of irrigation water costs, as determined by the association. (e) The Board of Directors shall fix the annual assessment in accordance with rules in this section. Section 4. Syecial Assessments for Capital Imarovements. In addition to the annual assessments authorized above, the Associa- tion through its Hoard of Directors may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 construction, reconstruction, repair or replacement of a capital improvement owned by the Association including any irrigation pump and including fixtures and personal property related thereto, provided that any such assessment shall have the assent of fifty percent (50$) of the votes of the lot owners who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Anv Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 of this Article shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60$) of all the votes of membership shall constitute a quorum. At subsequent meetings fifty percent (50$) of all the votes of the membership shall constitute a quorum. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or annual basis at the discretion of the board. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence on the first day of the month following the conveyance of a lot to an owner. The first annual assessment shall be adiusted according to the number of days remaining in the calendar year. the Board of Directors shall fix the amount of the annual assessment against DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto . The due dates shall be established by the Hoard of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on the specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 15$ per annum. The Association, or any owner, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, trustee's sale or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such DECLARATION OF COVENANTS, CONDITIONS AND.RESTRICTIONS, Page 8 sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The purchasers or grantee of such sale or transfer shall have no personal obligation for assessments accruing prior to the date of such sale or transfer. Section 10. Property Exemat from Assessments. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any properties owned by the Association. ARTICLE IV ARCHITECTURAL CONTROL Section 1. Architectural Committee. A committee of three persons shall act as an Architectural Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed fifteen (15) days to review said plans, drawings, and specifications. If said committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Section 2, paragraph (1) of this Article. Said committee shall have sole discretion to determine what shall be substantial com- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 pliance with said covenants. No building shall occupy any portion of said subdivision without prior consent of said committee. The committee shall consist of the following: Linda J. Arnold 1480 Hartman Park, Boise, ID 83704 Larry Laraway 2304 N. Cole, Suite A, Boise, ID 83704 Bill Hammons Coldwell Banker, Boise, ID Notwithstanding any other provision to the contrary, after the Declarant has sold all Lots in the property, the Directors of the Association shall become the Architectural Committee. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a Lot in said subdivision to serve on said committee, all of whom serve without compensation. Section 2. Covenants. Restrictions and Conditions. The following covenants shall run with the land and be in force and effect until modified or terminated according to the provisions of Article V, Section 3, to-wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 and generally in harmony with the dwellings then located on said property. Variances in building setback requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City Ordinances on setbacks are met. The floor area of all houses will be at least 1300 square feet. No split level houses will be allowed. Each house in this subdivision shall include some brick or stone on the front exposure. Roofs will be wood shingle or shake and have at least 4 in 12 pitch. Bay windows, broken roof lines, gables, hip roofs, etc., are strongly encouraged. Exterior colors of earth tones or light blues or greys shall be encouraged. Bright or bold colors, or very dark colors, shall be discouraged. All houses shall have an enclosed garage which will hold no less than two cars and no more than three. A11 area requirements shall be exclusive of the required two- car garage area. For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No residence shall be in excess of two stories above ground. Fences shall be placed in accordance with the Meridian City Ordinances, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 hedges, high plantings, obstructions or barriers, shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable, nuisance or noxious use. The deter- mination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance or noxious use exists. The owners of corner lots shall landscape and maintain the area between the fence and sidewalk. (2) No building shall be located on any lot nearer than twenty (20) feet from the front line and fifteen (15) feet from the rear 1 ine nor nearer than five ( 5 ) feet per story to any side 1 ine . (3) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (4) Landscaping of front 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 yard, one flowering tree of at least 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 reason- able length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 of occupancy. All grass and landscaping shall be maintained by the property owner in a sightly manner and shall be kept as weed free as possible. (5) Each homeowner is required to have a photo-sensitive pole light installed in the front yard within ten (10) feet of the front property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 40 watts. (6) No shack, tent, trailer house, storage building or base- ment only, shall be used within the subdivision for living quar- ters, permanent or temporary. (7) Nothing of an offensive dangerous, odorous or noisy endeavor shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said sub- division. Weeds shall be cut to less than four (4) inches on vacant lots. (8) Reeping or raising of farm animals or poultry is prohibited. No animals shall be kept or raised for commercial purpose. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be ade- quately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 (9) No business shall be conducted on the above property that cannot be conducted within the residence of the owner as permitted by law. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (10) Only one outbuilding per lot will be allowed. All out- buildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other build- ings on said property and must be approved by the Architectural Committee. (11) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (12) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer con- nection lines which have been provided to each lot. (13) No sign of any kind shall be displayed to public view on any building or building site on said property except a profes- sional sign of not more than five (5) square feet advertising the property for rent by an owner or for sale to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 except that the Declarant of its agent may post a "Sold" sign for a reasonable period following the sale. Notwithstanding any pro- vision to the contrary, signs of any and all sizes and dimension may be displayed by the Declarant, without limitation thereto, on lots owned by said Declarant. The Association may display a sign of any size and dimension, conforming to Meridian City O~~dinances, for subdivision identification. (14) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condi- tion. (15) No vehicles shall be parked on public ways adjacent to any lot for longer than three (3) consecutive nights. Parking of vehicles on the property shall be only in garages, carports, drive- ways or areas approved by the Architectural Committee. The Archi- tectural Committee shall be the sole and exclusive judges of approved parking areas. Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. (16) No machinery, building equipment or material shall be stored upon site until Grantee is ready and able to commence the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (17) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would requires them to be screened from the street view. (18) The Architectural Committee's decision is final and binding on all issues. (19) Notwithstanding any provision to the contrary, all lots shall be subject to and all improvements shall be constructed in accordance with Meridian City Ordinances. Section 3. Damacte to Improvements. It shall be the respon- sibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual Lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of posses- sion, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. The Directors shall become the Architectural Committee as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 provided above, upon the conveyance by declarant of the last lot in Merrywood Subdivision I. ARTICLE V GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declar- ation. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75$) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75~) of the Lot Owners.. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 Section 4. Additional Easements. In addition to the ease- ments shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Within these easements no structure, planting or other material shall be placed or permitted to remain which mad c~a~zaa~: or interfere with the installation and maintenance of the utilities, or which may change the direction of the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained contin- uously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. Section 5. This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said District and any and all other water districts or authority within the subdivision. The Declarant has made provisions for delivery of irrigation water to the individual lots. Section 6. Irrigation The Association owns or will soon become the owner of an irrigation pump. The cost of power and cost of maintenance including minor repairs of $200 or less shall be paid out of the annual assessments. Major repairs, or the cost of replacing the pump shall be funded through a special assessment. A water right for the properties has been or will be conveyed to the Association by the Declarant. The Association shall establish and enforce rules for use or irrigation water by lot owners including including establishing watering schedules. Each lot owner must install an automated sprinkler system at the time he builds on the lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 The Association has responsibility for paying the assessments of the irrigation district. Section 7. Annexation. Additional phases of Merrywood Sub- division may be annexed or included within the jurisdiction of this Declaration by declarant without approval of the lot owners. Section 8. Incorporation by Reference. Any and all provi- sions contained in the Articles of Incorporation and Bylaws of Merrywood Neighborhood Association, Inc., as amended from time to time are incorporated herein and made a part hereof. To the extent any provision of the Covenants, Conditions and Restrictions for Merrywood Subdivision conflicts, modifies or amends any provisions of the above referenced Articles of Incor- poration or Bylaws incorporated herein, the provisions of this Declaration shall control. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 19 . DECLARANTS LINDA. J. ARNOLD aka GUANDOLYN J. ARNOLD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 Subject: Merrywood Subdivision Concerns To: The Mayor of Meridian and City Council Date: June 7, 1994 Honorable Mayor and City Council, This letter is to inform you that Linda Arnold, developer of Merrywood Subdivision Phase 1, gave verbal agreement on June 6, 1994, that she will comply within 30 days to all six concerns addressed in the letter from the homeowners dated May 27, 1994. We at this time request that this issue be taken off the city council agenda for the June 7, 1994 meeting. We do request that this letter and the May 27, 1994 letter, be recorded in the Merrywood Subdivision file, in case further action is needed. The homeowners of Merrywood appreciate your consideration and understanding for our concerns. Sincerely, Gary A. Kuhn Merrywood Homeowners Representative ~~C~~~~~ JUN - 7 199~t CITY OF MERIDIAN I;ECIEI~IED J t! N - 9 1994 MEMO ~'~ OF MERIDIAN TO: William Berg, City Clerk Meridian, Idaho FROM: Linda J. Arnold, Merrywood Subdivision Phase II DATE: June 9, 1994 SUBJECT: Back Fence Phase II Merrywood This is to confirm our conversation of June 7, 1994. The fence will be erected in compliance with the CC & R's as required by the City of Meridian on or before July 18, 1994. Thank you. Linda J. Arnold ,~ ~ ~~'~ `/