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HomeMy WebLinkAboutSalmon Rapids Subdivision VAR RECEIVED APR 1 4 1995 Cl71' OF MERIDIAN 'yla~rr~ia ~r ~~~idiaoc ~ugattaoc ?»tQ~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 13 Apr 11 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Marty Goldsmith Boise 345-2431 4550 West State Boise, Idaho 83703 Re: Salmon Rapids Subdivision - Pressurized Irrigation System Dear Mr. Goldsmith: At this time, Nampa & Meridian Irrigation District is not assuming operation and maintenance of the pressurized irrigation system in Salmon Rapids Subdivision; therefore, we cannot approve the system. The possibility still exists that the District will assume the operation of this system at a later date. I did do an on-site inspection of the installation of the irrigation system for Salmon Rapids Subdivision and found that the system's installation was adequate and the pipe does meet Nampa & Meridian Irrigation District's specifications. The pressurized irrigation system for Salmon Rapids Subdivision should be adequate for the entity that does the operation and maintenance. If you have any further questions, please feel free to contact me. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent -City of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Apri125, 1994 The Honorable Mayor Grant Kingsford and Members of the Council City of Meridian 33 West Idaho Street Meridian, Idaho 83642 RE: Fencing of boundary between Salmon Rapids and Kachina Estates Mr. Mayor; ~~~~~ ~~ APR 2 5 ~ss~ CITY Q~ ~~k'~'~~~~AT~ a..i:.w`zc I am attempting to find a way of satisfying the concerns that the residents of Kachina Estates have expressed. It is my intent to find a way of providing new home sights in Salmon Rapids Subdivision while protecting the rights of our neighbors in Kachina Es- tates. I believe the residents of Kachina Estates have the right to pursue the lifestyle that attracted them to this area in the first place. I understand that an unclimable, sight obscuring fence that is not flammable will provide the type of security that has been requested by these residents in their letter to the City of Meridian. Enclosed is a vicinity map that includes the boundary which I propose to fence and a manufacturers brochure for the type of fence that we propose. This appears to us to .address each issue that the residents of Kachina Estates have discussed. I am trying to help you to evaluate my effort to resolve this issue. Additional information that relates to some concerns for development of residential areas adjacent to existing agricultural areas can be found in the Ada County Code. They have addressed many of these issues by zoning this area RT. The intent of the Ada County zone RT is to provide for a transition from agricultural and rural areas to urbanized housing. It provides for increased restriction of agricultural uses to-allow residential urbanization to take place without being affected by nearby farming.: I have enclosed a copy of this section of the code for your information. Respectfully Submitted Marty Goldsmith 4,5,50 ~ gate ~~ ,3da~o 8lj06 ~t(/8~ !.l8,9j06 ~~ ~ ~~`~e~~ ~Jert e~.~ Apri125, 1994 Les Schild 2425 South Mesa Way Meridian, Idaho 83642 RE: Fencing of boundary between Salmon Rapids and Kachina Estates Mr. Schild; I am attempting to find a way of satisfying the concerns you have expressed. It is my intent to find a way of providing new home sights in Salmon Rapids Subdivision while protecting the rights of our neighbors in Kachina Estates. I believe the residents of Kachina Estates have the right to pursue the lifestyle that attracted them to this area in the first place. I understand that an unclimable, sight obscuring fence that is not flam- mable will provide the type of security that you have requested in your comments to me and to the Meridian City Council. The chain link fence with metal slats that I recommend is an improvement over open chain link fence with a berm. With this type of fence a youngster with an air rifle would not be able to shoat through the fence, headlights would not shine through the fence and children would not readily cross from Salmon Rapids into Kachina Estates or vice versa. However uncontrolled burning would blacken this fence as it would any non flammable object. On Apri122nd I talked with Walt Marrow regarding this issue and he expressed the opin- ion that a masonry wall is not appropriate at this sight `and that weeds might be allowed to grow along the fence creating a home for vermin. In the covenants and requirement for this development I will provide for individual homeowner maintenance of our side of the fence. Mr. Marrow suggested that I write and ask that the Kachina Estates home- owners be willing to provide similar maintenance for the other side of the fence. I am concerned that you might consider allowing weeds and brush to grow up along this fence so that it might create a fire hazard to the new home owners in Salmon Rapids. I request your assistance and that of the other residents of Kachina Estates in mainte- nance of your side of the fence. Enclosed is a vicinity map that includes the boundary which I propose to fence, a copy of a letter that I am sending to Mr. Walt Marrow and a manufacturers brochure for the type of fence that we propose. This appears to us to address each issue that you have raised. I am tryir-g to help you to evaluate my effort to resolve this issue. Please call if I may be of additional assistance in this matter. Respectfully Submitted Marty Goldsmith 43.50 ~ Kati ~owq .~~u~o 8.fj06 ~IOB~ 1J6,9j08 ~~~e.~~ ~Jeae~~jz~.~ Apri125, 1994 Councilman Walt Marrow City of Meridian 33 West Idaho Street Meridian, Idaho 83642 Mr. Morrow; Thank you for meeting with me to discuss the fencing along the boundary between our proposed.. Salmon Rapids Subdivision and the existing Kachina Estates Subdivision. Your suggestions have been helpful.. especiallythe comments about the inappropriate- ness of a masonry wall at the boundary of Kachina Estates and Salmon Rapids. I also wish to provide a copy of the letter hat you recommended I write to Mr Les Shild of Kachina Estates. I also would like to provide you with a copy of the Section of the Ada County Code as it does relate to the development of Salmon Rapids and its relationship with Kachina Estates. The Code should alleviate the concern you expressed of agricultural activity next to residential areas creating future conflict. Ada County has endeavored to end this potential conflict in writing the development code. They intend agricultural use to be re- stricted as urbanization takes place. This is the basis of zoning this area (including Salmon Rapids Subdivision and Kachina Estates) RT. It appears that the open burning and some of the other activities that Mr. Shild states are common in Kachina Estates are restricted as urbanization takes place. In RT zoned land use the intent of the Ada County Code is that urbanization is to take place and agricultural uses are to -come limited so that t~ will no im act nearbX urbanizing areas. This should be a basis for eliminating legal questions in the future. Thank you for your assistance in this and other matters. If I can be of help please call me. Sincerely Marty Goldsmith sssa ~ ~ ,~~ 8,jas /roe/ .~fg~1o8 ,~ ~ tii~i~i~~inr~i `"~;r. '~< <<~ j ~ SI'Ol l ~l Stili11~1 ~ ~ ~~ -f ~ - --.-- -- ~__l ~~/~, ~ ~{~~ U1 ~- ~. ~~, vic~~oi~Y rzonu J ~~ ~ ~ x~ v h _' ~ T~ .~.... ~...... i<n~^iiirrn VICIYVI.M.Y M~41=r ~~~s r. ~'UU~~ SOU -~,-~~.t . --. I .~ . 8-4C-1 • r CHAPTER 4 RURAL AREA DISTRICTS • 8-4C-2 ARTICLE C. RT RURAL TRANSITION ZONE' SECTION: 8-4C-1: Purpose 8-4C-2: Principal Permitted Uses 8-4C-3: Accessory Uses 8-4C-4: Conditional Uses 8-4C-5: Prohibited Uses 8-4C-6: Design and Dimensional Standards 8-4A-1: PURPOSE: The purpose of this Article is to identify lands lying within the Areas of City Impact on the Ada County Comprehensive Plan Map that are not zoned residential, commercial or industrial. Such lands are presently not served by urban services and urban growth should be discouraged until urban services are extended. At such time, it is appropriate to rezone RT lands to applicable urban zoning classifications and to permit development that is in accordance with the applicable City/Community Comprehensive Plan. Until such time, appropriate use of these lands include agricultural uses and residential development of a rural character. Since the long term use will be urban development, it is important to limit uses to those that will not significantly impact nearby urbanizing areas with noise, odor, dust or other agricultural nuisances normally related to more intensive farm uses, such as: feed lots, stockyards or other similar uses. This Article, however, shall in no way preclude the continued use of lands within these areas for agricultural purposes. 8-4C-2: PRINCIPAL PERMITTED USES: Agricultural purposes Single-family dwelling or One per lot. mobile home (Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) 1. This Chapter and Article previously named Chapter 4, Agricultural Preservation Districts, Article B. AP-2 Agricultural Preservation/Urban Expansion Zone, changed by Ordinance 212, 12-4-89. 5110 • • 8-4C-3 8-4C-4 8-4C-3: ACCESSORY USES: Agricultural out-buildings Garage or storage building Greenhouses or nurseries Group day care home Home occupations Roadside stands Shop Business AS Home AS Project AS Property AS Public AS Swimming pools (See Section 8-13-12-2D). Temporary living quarters (See Section 8-13-12-2E). (Ord. 33-69-84, 7-11-84; amd. Ord. 165, 2-25-87; amd. Ord. 212, 12-4-89) Private. Private. (See Section 8-13-12-2B). (See Section 8-13-12-2C). Private. For repair of machinery, equip- ment and vehicles in connection with agricultural purposes. Signs (See Chapter 11) 8-4C-4: CONDITIONAL USES: The following uses may be permitted in accordance with the standards and provisions of Chapter 15 of this Title: Aircraft landing fields or Public or private. airports Animal clinics, animal hospitals, veterinary offices, kennels or training schools Aquaculture farm Cemeteries, mausoleums and crematories Churches and parish halls Clubs, lodges and social halls 292 • • 8-4C-4 8-4C-5 Commercial stables and riding schools Dairy farms Day care centers Garage or storage buildings Privaie. Any size larger than nine hundred (900) square teat. Go-cart tracks Golf courses and country clubs Gravel pits, rock quarries, sand and clay pits Greenhouses and nurseries Mortuaries Public and quasi-public uses Public, parochial and private schools Race tracks Public or private with related facilities. May include accessory rock crushers, cement batch plants and asphalt hot plants. For commercial use. As provided in Section 8-15-3 of this Title, unless specifically prohibited therein. Animal or vehicle. Radio and television towers Recreational vehicle parks Residences, additional farm Residential care facilities Sanitary landfills Theater, drive-in (Ord. 33-69-84, 7-11-84; amd. Ord. 165, 2-25-87; amd. Ord. 209, 10-19-89; amd. Ord. 212, 12-4-89; amd. Ord. 240, 7-25-91) 8-4C-5: PROHIBITED USES: Occupancy certificates, zoning permits and building permits shall not be issued authorizing the following: 292 • • 8-4C-5 8-4C-6 A. Any use not permitted or specifically authorized in the Zone; B. Any building, other than an agricultural out-building, structure or use which fails to comply with the access to public street section of Section 8-13-3 of this Title. 8-4C-6: DESIGN AND DIMENSIONAL STANDARDS: Except as otherwise provided, the following shall be the dimensional standards for all uses in the RT Zone: Gravel Pits, Agricultural Agriculture Commercial and Industrial Rock Quarries, Structures With ages- Uses, Public Quasi-Public Sand and Outbuildings idence Uses, Schools and Churches Clay Pits (No residence) Minimum lot size 5 acres 1 acre 20 acres 5 acres' Minimum public street frontage 250 feet 150 feet 150 teat None Minimum setback from public street frontage 30 feet 30 teat 30 teat 30 feet Minimum setback from any property line other than pub- lic street frontage 50 feet 25 feet 25 feet 25 feet - Maximum building heights 35 feet 35 feet 35 feet None Maximum lot coverage 25% 35~° 35% None 1. Land used solely for agricultural purposes, i.e., without structures or road dedications does not have any minimum dimensional standards. (Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) 292 • Meridian City Council March 15, 1994 Page 30 Morrow: So that is possible, but we can't make those decisions until we have the information from the engineer. Smith: That is correct. Kingsford: Any other questions from the Council? What is your pleasure? Morrow: Well 1 think from my perspective the issue of the sewer is very critical, it makes a determination whether this is a feasible project or not. And I am not comfortable making a decision subject to, there are several variables that can be worked through here dependant upon that engineering data from Skyline's engineer so that our engineer and staff have a better opportunity to determine what is doable and then provide us with that information so that we can make the decisions based on our alternatives. I don't see that information here. I think my personal preference would be to table, I don't like tabling things, to April 5th pending that information coming from Skyline's engineer so that we can make a decision. Kingsford: Do we have a motion? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table this until the April 5th meeting pending engineering information from Skyline Development, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINAR'Y` PLAT FOR SALMON RAPIDS SUBDIVISION BY GOLDSMITH CHARTER AN ROYLANCE AND ASSOCIATES. Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Mr. Mayor and Councilmen, I am before you this evening representing the preliminary plat on Salmon Rapids Subidivision, it is an R-4 zone it will have City sewer and water. It is a rural transition area and we have worked hand in hand with • Meridian City Council March 15, 1994 Page 31 the neighbors on this project. The minimum .frontage on the lots is 80 feet and the average square footage of the lots will be approximately 10,000 square feet. The minimum square footage of the homes will b 1500 square feet, we propose a middle end subdivision here. We have worked on addressing Gary Smith's concerns and fee that we can also handle ACHD's recommendations and provide a good quality development for the City of Meridian. I would like to open this to questions at this time. Kingsford: Any questions for Mr. Goldsmith? Yerrington: How many lots in this subdivision? Goldsmith: 78 Kingsford: And other questions? Morrow: My answer to Gary Smith's question on question #10, why isn't the total parcel being proposed for annexation and zoning, preliminary plat at this time? What does the street alignment look like in the unplatted area, can you comment on some of those points? Goldsmith: You bet, I have as he recommended prepared a preliminary plat for the rest of it so you can see the designs. I will get another pictorial at this moment, the reason that the rest is not being brought in is because I haven't determined what the best usage for that property is and I have take downs on the property and didn't want to proceed any further than the owner that I am purchasing from wished me to. I did send a letter in clarifying this issue. Morrow: The potion without the measurements is the part of the property that is not being addressed at this time? Goldsmith: That is correct Morrow: And has Gary had a chance to see this? Goldsmith: That is my understanding. Kingsford: When was that submitted Marty? Goldsmith: This plat? Meridian City Council March 15, 1994 Page 32 Kingsford: No this particular photo you have up here now. Goldsmith: I can't give you a specific dateot able t abesmore helpfup npthathareae through my hand recently. I am sorry I am n Kingsford: You may not believe it but we have had 2 or 3 ourselves. Is that the one that you have there Gary? Smith: I think so. Kingsford: How does that then mesh with your comments then Gary, on the preliminary that was submitted? Smith: Mr. Mayor and Council members I w to be handledrfor thesent re subdivis on. the, particularly the sewer service was going I don't know, I think since the original preliminary submitted and the Highway district has eliminated one of those access points I think it was the center one wasn't it Marty? Goldsmith: This one right here is (inaudible) as per their changes. Smith: As a culdesac now, so there will be 2 access points on there to Locust Grove Road then. Goldsmith: There is access here and this °culdesac lanehand I have also for your changes and then we checked here on a records received a letter from the Fire district and talking about the culdesac length being accessible in this instance. Kingsford: So the plat submitted you would be talking about the number of lots with access right. What avast the number of those lots again? Goldsmith: 78 tots and the lot number has not changed. Morrow: That is between the 2 phases orss to'Lo ust'Grove? that we are dealing with now? We have 78 lots and one acce Goldsmith: Yes sir, and that is in what is being considered. Kingsford: Would you move that map again, is there an access back through and existing subdivision for another ingress, egress. Meridian City Council March 15, 1994 , Page 33 Smith: Mr. Mayor my other concern was sewer service to that southerly portion of the subdivision. I believe all of its number 1 phase will be to the north to the Nine Mile Drain. Goldsmith: Gary's concerns are addressed to this 7 acre parcel right here and to where as you can see the topographical map down, it goes down fairly steep there and so we have tried to provide Gary with the proper survey measurements to run his calculations and we show that we will gravity feed all of these this way. The sewer will be coming down Locust Grove through Sportsman Point so we will (End of Tape) Smith: going to sewer that southwest corner of that southwest triangle is through the Ten Mile Drain. Goldsmith: Yes, or a pump station, wrong. Kingsford: Any other questions of the Council for Mr. Goldsmith? Thank you Marty, anyone else from the public that would like to offer testimony on this issue? Les Schild, 2554 Mesa Way, was sworn by the Attorney. Schild: As a resident of the Kachina Estate subdivision that borders the proposed Salmon Rapids subdivision. And we have just had some conversation with the developers I have 4 items here that we hounc I hake nto co siderat onS Init as y we Estates that we would like to see the City C were wanting to have some separation between our acreage parcels and an r-4 Subidivision by the means of initially w talked about a berm, block wall or some separation to deflect headlights and Marty and I have talked prior to the meeting tonight and we can work something out together there. Other things I want to get noted into the minutes was to acknowledge tse cows thmulese sheepn goatsu pigs! setting, which allows us livestock, such as horse , ducks, geese, dogs, cats or llamas or whatever else kind of animal I want to consider we do raise these animals for 4H projects, our own pleasure as well as profit. As an agricultural subdivision we also use sprays, fertilizers and burning to maintain our properties and raising new grass, and hays for our livestock. And such machinery as tractors, swathers, and bailers are used in the harvesting of these crops at all hours of the day and evenings. We don't want an incident like occurred over in Nampa where a man was arrested at 10:00 o'clock at night for bailing his hay. This is why we wanted these things entered into the minutes. We are still in the county where we are located as you are well aware of. I will submit this to the Council. Tolsma: I think what you are talking about (inaudible) is the right to farm. I think we Meridian City Council March 15, 1994 Page 34 • see that on the Summerfield Estates out there off of Ustick Road. Kingsford: I think what the judge said even in downtown Caldwell was he has a right to farm in the City. So I don't think that will be an issue, I think you are right to put it in the minutes because people need to know about those activities next door to them. Schild: Well, we will at times burn ditches as well as maybe burn a whole grass field off, that helps rejuvenate it. Kingsford: Don't burn their houses Les. Schild: Well, that is one of the reasons that we are talking about this substantial division. Jeremy (inaudible- farmed that land behind you for dnmuchrratheeabumna I have never burned one of his cornfields down yet. I wou cornfield down than a 5100,000 home. Morrow: Well, if I might comment on this particular issue, I think it is contingent upon the development community and the real estate community and more so the real estate community than anyone else is that and whether you notice it in your covenants and restrictions or whether you notice it by handout to potential buyers that everybody ought to receive a notice that these conditions exist so that a year from now we don't have a bunch of legal beagles with their clients coming before us complaining about agricultural activity and the fact that the real estate community or the developers never told them that there is a group of folks to the south of them that are actively engaged in all types of legiti uaas the developertthat all oflthoset h ngs that the ownice there would be upon yo happen and 1 would like to see from my standpoint what avenue that you are going to use to make sure that that notice occurs to those potential buyers before they buy not after. And so I think that is how I would like to see that addressed. Kingsford: Any other comments or questions? Thank you Les, anyone else from the public that would like to offer testimony on this issue? Beveraly Donahue, 3775 North Locust Grove, was sworn by the Attorney. Donahue: The reason I am talking tonight is I five on North Locust Grove, the opposite end of South Locust Grove and the problems at our North Locust Grove I can see are heading out the way towards South Locust Grove. As of last night if everyone read the newspaper Meridian to school is expectingr100gmore lyoungsters schools growth. Chief Joseph elementary Meridian City Council March 15, 1994 Page 35 this fall and that would make 700. The school is already over they don't know what solution they are going to come up with. Now, it goes back to the development, it goes back to, you can keep doing all these subdivisions. This guy now tonight wants 78 lots put in. Times 2 it is a 156 more children, are there any schools on that side. Where are these children going to go, we can put in as many portable as you want, we still have to educate these kids, give them a quality education. When we are putting portable up how about bathrooms, how about cafeterias, how are we going to feed all these kids. These are mainly a lot of my concerns right now because we have more problem with all this growth and schools trying to get together because right now you guys have more authority I feel than the schools do because you can say wait a minute we need to take a long look. What are we going to do with these kids that are coming in that area. We have another major concern if kids want to play in recreation, Boise might shut off their parks to us. How many baseball fields do we have in Meridian, 2. We have one under construction but in the mean time what are we going to do with all of these kids in different area moving in which is fine. I am for growth, but these kids have go to have things to do, they have to have an education, and we can't put them on the back burner. It is just like the sewer and water, we have to have that when the housing is here, we have to have education and recreation and things for these children which are future members of the City of Meridian. This is a major concern and I hope that the Council takes it into their thoughts, thank you. Kingsford: Thank you Beveraly, anyone else from the public? Goldsmith: Mr. Morrow, in direct response to you, I will incorporate the requirement for fencing and for and I will take of the farming and such in my CCR's and I will inform these people and as far as the Salmon Rapids and the subdivision across the street, Wayne Forrey and I have worked hand in hand to put together a school site, which seemed to be a stumbling block earlier and we came forward and had a proposed plan that looks good at this point. I am optimistic for the school and teaching to keep going on. Tolsma: I have a question, I noticed in there that the school district said that you had provided a 3 acre park for the school site, where about is that located in that area? Goldsmith: It is directly across the street, this is Salmon Rapids the one we are discussing it is going to take out this corner 3 acres here. I have spoken to another developer here and he has verbally confirmed that he would give up 4 acres if we can get 3 and 4 and another one I think we will have a good project here. Tolsma: Have you spoken to the landowners that are up from there? Are they going Meridian City Council March 15, 1994 Page 36 to develop their own land, is that owned by developers or farmers? Goldsmith: I have spoken to, there is a large chunk of land that would have been a good school sites. In my intents to nail down a school site to eliminate this stumbling block this was one of them that I originally looked at and it was difficult for me to buy school ground for a school with no money. This land is for sale they will not by developing it themselves. Tolsma: I was just wondering if there was a possibility that for all 4 corners that are went together and acquired the ground there for a school site or made it available for the school to purchase at some time. Goldsmith: We definitely have got 2 of the 4, the other 2 properties would form this 4 corner rectangles. It is my understanding that it will be mainly contingent on their development. I do see those other 2 properties coming in quickly. Kingsford: Something that we need to look at too, Wayne and Shari, is to consider a park adjacent to those schools as we have outlined in the Comprehensive Plan. Wayne Forrey, 52 East Franklin Road, was sworn by the Attorney. Forrey: Mr. Mayor, members of the Council, and Marty to update Councilman Tolsma's question we now have the 3rd of that 4 corner parcel. It has been purchased by Gary Voight, he intends to develop. We had a meeting here and indicated that the pattern had been set with 2 of the 4 parcels committing to a school site combination with neighborhood park. And that is why it is 3 acres from Goldsmith property, 4 acres from Greg Johnson, 3 or 4 from Gary Voight and either 3 or 4 from the next property to give us a total of 14 acres which would be a combination elementary school and neighborhood park. And we have a letter from the school district indicating that would be the site and they have asked the City to keep that commitment that it be there and to tag that onto the rest of the developers. We have 3 of them committed so that one is working and that might give Mrs. Donahue some confidence that we are watching that and when we get the opportunity we are following through. Kingsford: One other thing relative to Mrs. Donahue's comments, that is in the attendance zone for Mary McPherson. What is the status of it in terms of, you were speaking to Chief Joesph and. Forrey: I have it right here, it is 113% so it is definitely needed in this area. • Meridian City Council March 15, 1994 Page 37 Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members. Morrow: Has there been a substantial change in the findings of fact based on the testimony? Crookston: No Morrow: I would move that we approve the findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared for Planning and Zoning. roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -yea, Tolsma -yea MOTION CARRIED: All yea Kingsford: What is your pleasure with regard to the preliminary plat? You can direct the Counselor to prepare an annexation ordinance. Morrow: Move for him to prepare the annexation ordinance, and that would take care of the preliminary plat? Crookston: No Kingsford: No, you have to do them both. You can have him prepare the annexation ordinance, leave the preliminary plat until that is done. I believe you are at the option that you can approve the preliminary plat and direct him to prepare an ordinance as well, am I correct Counselor? Crookston: You can do that, it is only effective once it is annexed. Morrow: So the better way is to do the ordinance. I would move we draw the annexation ordinance. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare the annexation and zoning ordinance, all those in favor? Opposed? Meridian City Council March 15, 1994 Page 38 MOTION CARRIED: All yea Kingsford: I assume we are tabling until the next meeting then the pt'~i~r~tfrt~t'Y A~• ITEM #16: PUBLIC HEARING: ANNEXATI GOLDSMOHICHARTER AND ROYLANCE PLAT FOR LOS ALAMITOS SUBDIVISION BY AND ASSOCIATES: Kingsford: State your name address and be sworn again this is a different public hearing. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Goldsmith: Basically this subdivision is thevide the imerovements ouhselves as pee wilt bond for the concrete sidewalks or pro P ACHD's recommendations. The lots are a little bit larger over here and once again this is going to be a subdivision that is middle class in my opinion. The hoW th thle range from $130,000 to X200,000 in range. I feel we are in good keeping neighborhood there. Any questions at this time? Morrow: With respect to Mr. Smith's comments, how will you treat Nine Mile Drain as it passes through the subdivision? Goldsmith: I have a fetter I will be giving Gary Smith tomorrow when I talk to him about the issue that I have an appointment with which is the ground water elevation. That letter is from Greg Martinez and he is with the Army Corps of Engineers and the Nine Mile Drain needs to be left open and if you will find in your ordinance book that your ordinance applies to irrigation canals and that such and that drainage are an exception this is a drainage. Morrow: And so is it going to be fenced or? Goldsmith: Yes it will be fenced. Morrow: What type of fencing? Goldsmith: Well, it will be chain fink fencing or wrought iron fencing, I am just real close to figuring that one out. the application indicates individual lot Morrow: And item #19 on his comments, for the irri ation? irrigation, what will be the supply the water supply 9 Meridian City Council March 1, 1994 Page 8 suspect a vote would be in order. Forrey: That may be of interest to the applicant. Morrow: I have no objection to that, so moved. Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the applicant to come back forward to the City Council on the final plat as was laid out in the original plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE REQUEST FOR SALMON RAPIDS SUBDIVISION (FORMERLY LANDFALL): Kingsford: Has Council reviewed those findings? Morrow: I have, I only have one suggestion in terms of the findings with respect to description of the approved fencing, "rod iron" should be "wrought iron", that's all. Kingsford: Entertain a motion. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the Findings of Fact and Conclusions of Law with the correction of wrought iron, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea: MOTION CARRIED: All yea Kingsford: Next item on the agenda would be a vote on the variance, entertain a motion. Morrow: So moved Meridian City Council March 1, 1994 Page 9 Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the variance for Salmon Rapids Subdivision, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR KING STREET STATION SUBDIVISION WITH A PRELIMINARY PLAT: Kingsford: Has Council reviewed those findings? Ron, do you have any questions or comments? Is there a motion then? Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the Findings of Fact and Conclusions of Law for King Street Station, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea: MOTION CARRIED: All Yea Kingsford: Entertain a motion on the Conditional Use Permit. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve the Conditional Use Permit for King Street Station, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE REQUEST FOR KING STREET STATION SUBDIVISION: Kingsford: Any questions or comments? • MERIDIAN CITY COUNCIL MEETING: MARCH 7 1994 APPLICANT: GOLDSMITH CHARTER AGENDA ITEM NUMBER: ~ REQUEST: VARIANCE REQUEST A EN Y COMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY; FINDINGS OF FACTS AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: UM,(/f tr~ ~ "" CITY BUILDING DEPT: ~j~ Q" f MERIDIAN SCHOOL DISTRICT: ~,~ MERIDIAN POST OFFICE: ~ P r_ Q 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: C~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN • APPLICATION OF GOLDSMITH CHARTER AND ROYLANCE AND ASSOCIATES FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on February 15, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, Marty Goldsmith appearing, 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 variance was published for two consecutive weeks prior to the scheduled hearing for February 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 15, 1994, 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 D., and 11- 9-612 B. 1.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 • • waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant, Marty Goldsmith, has requested that he be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral would require the of greater than 48 inches; that Mr. Goldsmith is working on an agreement with Nampa and Meridian Irrigation to provide not only a fence on the Eight Mile Lateral but also gates across the crossings on the Eight Mile Lateral that will be locked. 5. That Marty Goldsmith stated the Nampa Meridian Irrigation District license agreement calls for cedar fencing, however, the City Council recommends that chain link or rod iron would be more acceptable; typically over a period of years, cedar fencing wouldn't provide a good safety net; the Ordinance requiring that ditches be tiled may be changed so that ditches which require the of over a 48 inches may not have to be tiled; that the Nampa & Meridian Irrigation District has informed the City that the grates required for ditches that require larger the than 48 inches may be more dangerous than not having the ditch tiled. 6. Mr. Goldsmith was in agreement with changing the material of fencing and would re-submit with the Nampa Meridian Irrigation District. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 • 7. The entire property in question is described in the variance application and is incorporated herein as if set forth in full. 8. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 9. That the Applicant does not own the property. The owner of the property is J. G. McDermott, Meridian, Idaho. 10. That no other testimony was heard at the hearing. 11. That the City Engineer, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department may submit comments and they shall be incorporated herein if submitted. 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 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 pursuant 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 upon which it may take judicial notice. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • • 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered-and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council is meeting to consider changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 • • conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled. 9. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled in one other subdivision. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 • • ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That since the piping of the ditches is not going to be required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with either chain link or rod iron and provide gates which will be locked according to the standards of the Nampa Meridian Irrigation District. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED COUNCILMAN CORRIE VOTED -~I COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 DECISION That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch be fenced with either chain link or ~~-iron on both sides on tvrou~tlt~ the right-of-way. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7 ~~ i • Meridian City Council February 15, 1994 Page 8 Kingsford: Do you want to, Wayne would it be appropriate to direct you to prepare that Ordinance if in fact we've held this up, if that be the case would it be the Council's desire to have that Ordinance prepared if in fact we have met those, can I have a motion to that effect? Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an Ordinance for annexation and zoning if that is the appropriate thing with regard to hearings, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM#5: PUBLIC HEARING: VARIANCE REQUEST FOR LANDFALL SUBDIVISION BY GOLDSMITH CHARTER: Kingsford: At this time I will open the public hearing and invite the owner or his representative to speak first. Marty Goldsmith, 4550 West State Street, Boise, was sworn by the Attorney. Crookston: Just to start out with, would you state the previous name of this subdivision? Goldsmith: It was Upland Meadows and that was disapproved by John Priester, I believe Landfall is also out, so it also needs to be known Landfall has been approved as Salmon Rapids. Kingsford: I'm not sure I like that one, will you come up with a different one? Goldsmith: No problem. Kingsford: Salmon Rapids Goldsmith: Mr. Mayor and Council, we're going to talk about the tiling of the Eight Mile Lateral, it is a very similar situation that we have gone through with Hunts Bluff #2. It is the same ditch, it is not very far downstream and it is carrying the same water flow. So, I'm proposing to fence it and as per Wayne • Meridian City Council February 15, 1994 Page 9 • Forrey's suggestions I'm in compliance with the City of Meridian we've had a license agreement drawn up with Nampa Meridian Irrigation District and will be providing not only a fence on the Eight Mile Lateral, gates across the crossings on the Eight Mile Lateral that will be locked and they will be to their standards and we are still working those out. That is about it, I've got some vicinity maps if those are too small to see I can pinpoint it for you. Kingsford: I think the Council is familiar with it, any questions? Morrow: I have a question, in Wayne Forrey's comments he is calling for suitable fencing, what does suitable fencing mean? Goldsmith: Once again that is per the license agreement with the Nampa Meridian Irrigation District. Morrow: Is that 6 foot chain link? Goldsmith: The license agreement calls for cedar fencing. Morrow: Cedar fencing, will that be protected from burning when the ditch banks are bermed? Goldsmith: That is what they have approved and I would be more than happy to re-submit that to Nampa Meridian Irrigation District for chain link. This license agreement was drawn up probably 4 months ago, and in fact everything that I had seen had been in cedar fencing to that point. Mr. Tolsma, I believe has been in touch with Nampa Meridian Irrigation District since then and has come forward with the chain link, that is what we are going to do at the Hunts Bluff #2. Kingsford: I think not only the burn issue but the fact that the boards have a tendency to come loose, get kicked out and our big concern is the safety of children in that area. So certainly it would be my recommendation that there be a chain link. Goldsmith: Would rod iron be acceptable? Kingsford: I would think that would be even more acceptable depending on its, you know what its mesh might be. Goldsmith: I don't have a problem re-doing that agreement and I don't think . ~~ ~ • Meridian City Council February 15, 1994 Page 10 Nampa Meridian would either. Morrow: I think I would have to be in favor of that because the issue here is that we are doing away with the culvert for a safety issue because its a 60 inch culvert for that ditch we are going to change the Ordinance down to 48 inches. With a reasonably short period of time, meaning 5 years or less typicall~r cedar fences wouldn't provide that safety net that I think that we are after. And so I would personally like to see either a chain link or a rod iron type of fence that is more ling term and that the Homeowners Association that ultimately is responsible for caring for it doesn't get eaten alive in annual installments to fix the fence. So, in order for me to support it you would have to have that type of fencing. Corrie: Mr. Mayor, I would like to suggest that perhaps we could get it all alike along there if at all possible. Like you said in Hunts Bluff #2 and now this one Goldsmith: Actually the first phase of Hunts #1 was done in cedar fencing, so I'm more thank happy to switch over for you, whatever I can for you. The license agreement is stating that this side of the Eight Mile Lateral which would be northeast side is going to be parallel with the ditch and it was calling out for there to be each individual lot backing up into that having a fence run off the ditch perpendicular as well. So that is to be put around (inaudible), do you guys have that license agreement, need it, I can send it over. I don't know if it is before you? Kingsford: I don't think 1 have seen it. Berg: Its in the file Kingsford: It is in the file, we didn't make copies of it which is typical, but we have a copy. Goldsmith: So whatever you guys need as far as alignment and whatever you need as far as material not a problem. Kingsford: Any other questions for Mr. Goldsmith? Thank you, I'll invite anyone else from the public that would like to offer testimony on this issue. That is Landfall, formerly Upland Meadows now Salmon Rapids. Seeing none I'll close the public hearing, Council members. Morrow: Mr. Mayor, I can support the Findings given the suitable fencing. • Meridian City Council February 15, 1994 Page 11 Kingsford: The appropriate motion then would be to call for Findings of Fact and Conclusions of Law. Morrow: So Moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney draw Findings of Fact and Conclusions of Law on the issue of Salmon Rapids, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #13: PROCLAMATION: FFA WEEK: Kingsford: I'm going to take a little executive privilege here and vary from the agenda, I'd hat to keep the young man from the FFA up late. I'd like to proclaim this week as FFA weak. Whereas, the Future Farmers of America with vocational agriculture education is a strong force for America's agriculture; and Whereas, members of the FFA are playing an outstanding rote in assuring the future progress and prosperity of our nation; and Whereas, the FFA motto--"Learning to do, doing to learn; earning to live, living to serve"-- gives direction of purpose to these future leaders for tomorrow's agriculture; and Whereas, the FFA performs the valuable service of developing leadership, encouraging cooperation, .promoting good citizenship, teaching modern information; and inspiring patriotism among its members. Now, therefore I, Grant Kingsford, Mayor of Meridian declare the week of February 18 - 22, 1994 as FFA Week and encourage everyone to do so and remind the Council that the FFA is sponsoring a breakfast Friday morning 6:00 to 8:00 and encourage you to be there. Would you like to come forward and get your proclamation. ITEM #6 AND #9: PUBLIC HEARING: VARIANCE REQUEST AND REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE. PERMIT FOR KING STREET STATION SUBDIVISION BY D.J. INVESTMENTS AND BRIGGS ENGINEERING: Kingsford: 1'll open the public hearing on items #6 & 9 with regard to King Street Station. Item #6 a variance request for King Street Station and item #9 is a request for annexation and zoning with a Conditional Use permit for King Street Station submitted by D.J. Investments and Briggs Engineering. At this time I'll • Meridian City Council Meeting:_ FEBRUARY 15, 1994 Applicant: GOLDSM ITH CHARTER Agenda Item Number: 5 C SIGN A en City Clerk: City Engineer: SEE ATACHED COMMENTS City Planning Director: SEE ATTACHED COMMENTS City Attorney: City Police Dept: "REVIEWED" City Fire Dept: City Building Dept: Meridian School District: Meridian Post Office: Ada County Highway District: Ada Street Name Committee: Central District Health: Nampa Meridian Irrigation: "NO COMMENTS" Settlers Irrigation: Idaho Power: US West: Intermountain Gas: Bureau of Reclamation: ~~~~~.~~~o~ L~-d~~~- CJ~~~ C~h9 aYM~'`~„4~'-~5 ~ ~p~~ ~~ .F6~ ``~ • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning MEMORANDUM TO: CITY COUNCIL AND MAYOR FROM: WAYNE S. FORREY, PLANNING DIRECTOR DATE: FEBRUARY 11, 1994 RE: VARIANCE FOR LANDFALL SUBDIVISION TILING OF EIGHT MILE LATERAL Tiling the Eight Mile Lateral will require a 60 inch pipe according to Roylance Engineers. The City's current Zoning and Development Ordinance requires tiling of open waterways, however the Subdivision Ordinance is currently being revised to establish a 48 inch threshold for waterway tiling. I recommend that this variance be granted with the condition that suitable fencing be installed that complies with the City of Meridian and Nampa Meridian Irrigation District fencing requirements. • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAMG.BERG,JR.,CityClerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer 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 WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 ~ FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: q,)~g~ TRANSMITTAL DATE : ~ '' ~~' 9 y HEARING DATE REQ BY: LOCATION OF PROPERTY OR 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 2- I s-9y PROJECT : W~ ~ ~~ ~Ci(_.c.~~ y~ ~~ ~~ ~ MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY~~~C;~~~~I~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney GRANT P. KINGSFORD ' 9 ~ A ~ ~i:"~"'t Mayor 1~lAMPA & MERIDIggACCN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEV~~~'g!-PRlOJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: q,)9gy TRANSMITTAL DATE : ~ ` ~ ~ • 9 y HEARING DATE REQ BY: LOCATION OF PROPERTY OR -/ z ~9 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 MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 2-~s-9y PROJECT : W~ ~ ~~ ~(',t T c.J.,~ ~~..~ ~~ c~,l MERIDDAN SCHOOL DISTRICT MERIDIAN POST OFF. (PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO ..(PRELIM &_FINAL PLAT) l . 8 . Wrij'1' (YRJJLll~i at I'~1NAL PLAT ) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATIOPd(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS• Nampa & Meridian Irrigation District has no comment on the variance for Landfall Subdivision. COUNCIL MEMBERS A Good Place to Live ~ ~ ~s~=1 RONALDR.TOLSMA MAX YERRINGTON CITY OF MERIDI ROBERT D. CORRIE F ~EI~IDIR~I WALT W. MORROW 33 EAST IDAHO WAVNE S. FORREY, AICP MERIDIAN, IDAHO 83642 Planner a Zoning Administrator Phone (208) 888-4433 • FAX (208) 887-4813 (~~ (~~'+ ~O~ ff ~~ JIM JOHNSON hairman • Planning & Zoning ~ ~ - Public Works/Building Department (208) 887-2211 v 11 !5 V If ~I1 `Ilenson; Foreman Nampa & Mer>. ion Irrigation District ' S HUB OF TREASURE VALLEY. OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN JANICE L. GASS, City Treasurer MAX YERRINGTON GRAY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 A-ECEg~-~p'anner a Zoning Administrator W.L. "BILL" GORDON, Police Chief ' JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 JAN 1 9 199~t GRANT P. KINGSFORD Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: ~ q,)9gy TRANSMITTAL DATE : ~ - ~~' 9 ~ HEARING DATE : 2' ~ S " 9 y REQ BY: LOCATION OF PROPERTY OR PROJECT: W~U1~ ~~ ~G_.t.,~ C>'Zt~ 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 MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER. YOUR CONCISE REMARKS: R OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GRAY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN WALTW.MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN, IDAHO 83642 Planner a Zoning Administrator JIM JOHNSON Phone 208 888433 • FAX (208) 887813 ( ) Chairman - Planning S Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: ~ ~,)99~ TRANSMITTAL DATE: 1`I`~'9 ~ HEARING DATE• REQ BY: 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 WATEF: DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLP,MATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: LOCATION OF PROPERTY OR PROJECT: W~ ~ --~C~ ~Cl ~ / 2 1~.,; 2,Is-9y kIPU+N D • • ~CEIVED JAN - ~ tQg4 CITY OF MERIDIAN 33 E . IDAHO AVE . ~TCY OF ME1~rDIAN MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME : ~iD'LDSM~TN CNARI~it QSrjU .~~'1s'CE ~STRFFj eo~te,,~ ~ $~~~ PHONE 338 - 908 (Owner or holder of valid option) ADDRESS :.2~~5 S Lbc,Vss GROVe RD GENERAL LOCATION:~pp Lac.~rsT ~(~oyE QETWEB~ ~VERLA~1p (~~ ~~~~ ~p LEGAL DESCRIPTION OF PROPERTY : ~~~. ~I "jAC-~i MEfJT PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION ITT ~COUN'~Y) VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug 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: 12E~UIRtIy~E1.1T ~ P1PE `~N~ E~GNT IUIc.E I r~~ct~-rwN ~a~a~ ~ cr ~vr-~sEs rN~ PR~P~~ -~ Qu~s~oN SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By • • APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. Address of subject Property: 2705 South Locust Grove Road, Meridian, Idaho 83642. 2. Name, address, and phone number of applicant: Roylance & Associates, P. A. 4619 Emerald Street, D-2 Boise, Idaho 83706 208/336-7390 Name, address, and phone number of owner(s) of subject property: Goldsmith Charter 4450 West State Street Boise, Idaho 83703 208/ 338-9708 4. Proof of ownership or valid option on the property or a contract interest therein with con- sent of the titled owner: See Attachment B. 5. Legal Description of subject property: See Attachment C. 6. Present use of subject property: Property is site of a private farm with a single family residence and associated agri- cultural out-buildings. 7. What is intended to be done on or with the property: The property is the site of a proposed single family residential subdivision and annex- ation request currently under consideration by the Meridian City Planning and Zoning Commission. Also refer to Attachment A 1. 8. The district that pertains to the subject property: The property is currently located in the unincorporated area of Ada County, and is zoned RT Rural Transition. Upon annexation the property would be zoned R-4 Resi- dential District 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district, and other such items as may be required: See Attachment D. • • 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction: See Attachment E. 11. A list of all 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 addresses of all property owners within the area of the land being considered: See Attachment F. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance: Property is bordered to the south and west by a major open irrigation lateral which would require the installation of large-diameter pipe in order to cover the canab 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. Owner/developer requests that the requirements of Section 9-605 of the Meridian City Code be modified to allow providing for the public safety by the erection of suitable fencing along the Eight Mile Lateral 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to the subject property: Compliance with the provisions of Section 9-605 was not imposed upon previous similar developments located along the Eight Mile Irrigation Lateral 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with: The size of the bordering lateral would require the installation of minimum 48-inch diameter pipe would be required It is the position of the applicant and owner/developer that more economical alternatives exist 16. Statement that special conditions and circumstances exist which are particular to the land, structure, or buildings involved and which are not applicable to other lands, structures, or buildings in the same district: Refer to Attachment A 2. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant [property owner] of rights commonly enjoyed by other properties in the same district under terms of this ordinance: Refer to Attachment A 3. 18. Statement that special conditions or circumstances exist that were not a result of the appli- cant's [property owner's] action. Refer to Attachment A 4. • • 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: Refer to Attachment A S. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: This variance request does not pose any detrimental impact to the fulfillment of the Meridian Comprehensive Plan. 21. A fee established by the Council: $ 250.00 + $ 1.29 for each certified mailing to be sent =Total Fee 22. The property will be posted 1 week before hearing stating that they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. ~~_~ ' d ~b1Gl z • • RPIOUIREMENTS: VARIANCE _~,.___. Attach development. application. a sate plan shawinq all details of the proposed Complete the following questions and return with the 1. What is intended to be done on or with the property? The property in question is the site of a proposed single-family residential development, Landfall Subdivision. 2. Wha'C special conditions and circumstances exist which are peculiar to 'the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district? The Eight Mile Irrigation Lateral is a major facility which traverses the applicant's prop-erty from southeast to northwest. This would require the installation of very large pipe (in excess of 48-inch diameter) in order to serve this section of the canal. 3. Why will a literal interpretation of the provisions Qf this ordinance deprive you of rights commonly enjoyed by other properties in th~a same district under the terms of this ordinance? A literal interpretation of Section 9-605 M of the Subdivision and Development Ordinance would deprive the applicant of an option practice by previous similar developments to use alternative methods of addressing public safety while avoiding the expense of piping a major irrigation lateral. ~. What spocial conditions or circumstances exist that were not a result of your actions? Previous municipal policy has not enforced compliance with Section 9-605 as it pertains to properties impacted by the Eight Mile Lateral. 5. why will the granting of this Variance nvt conf®r on you any special privilege that is denied by this ordinance to other lands, structures, or building in the same district? The applicant's request is strictly an extension of existing conditions which have had a significant impact upon development in this area of Meridian. Attachment A ~ II 3G~ 15 , 14 113 .~~ C~~IA DR. \~ 4 I. ~i 0 3 9 38 •• • •~• J IC ...SffE II. .. Es-ra-~~~~ _____-.-------..------ :. , .. ,~ . kQy , \ RT b 5 ~1.~~. . ,3 aA i \~~J~==- 7:.. . c 2 I ~I ~'~- \\ II ~ 3G• ,15 14 1 13 __.,~ ~~ClA DR. ~ .; + 41.. ~~Q 39 38 •• • •~• u ~• Ic II. E S T~'-'E J .. kqy , b 5 ~• .t f ,• ~ . . .. w • ~A ~~ ~frE \ _ .~\ i ..~_._ ~. ,.`~ • \\ • n m :; ~~~~ .. gx ~ ~~ 0 ~~~ y~~ P ~~ ~~~~~ b ~ y C i s i > v e 89'SS'00' E •e ., :: tw~.sr °vrr+ r r • tr r - ~- ~~ e~ ~ ~ ~ ~~ ~ "~ ~~ e ~ ~ ~ ~~ ~ ~~°~~~ ~~ ~~ ~~~ ~~a ~a ~~~~~~ $ ~ , a ~ ~ ~~ ~ ~ !~~ ~• g ~ 3 ~ v p ~ ~ a z ~ ~ ~ ~~~ ~ ~ ~~ ~ ~ ' ~ a ~~,~ ~~~ a ~ , a~ a ~ ~ A ~ ~ ~~r ~~~ ~~ ~ i ~~ ~ ~ a ~~ Q ~ x S ~~ ~~ ~~ a ~ ~ ~P ~~o ~~~ a~~ .o> .~ q< e~i~ ~R z _ Attachment E ~ ~~ eew e/ erne Me so7-te» PRELIMINARY PLAT r ~ ~~ m j UPLAND MEADOWS BUBDIV1810N OOO ROVLANCE AND A880CIATLB PA «..~ ~ 8. ~ i ~ Engineers Surveyors lond~srs O ~. ~ ~ V~ X6/9 Emerdd Su{le D-2 8olse Idaho 8708 3J6-790 EX~IIBIT "D" The 15.98 acres referred to in Paragraphs 5b(ii), 9 and 10 of the Option for Purchase and Sale of Real Property is that portion of the real property that. lies east and north of the Eight Mile Lateral and is otherwise bordered by the east and north boundaries of said property excluding .however, Seller John McDermott's residence together with approximately 1 /2 acre of land surrounding said residence. The said 15.98 acres are depicted and noted as Lots `1 through 23, Block 3 and Lots 1 through 12, Block 1 and Lots 1 through 11, Block 5, together with the adjacent subdivision streets on the attached Preliminary Plat for Upland Meadows Subdivision. Although the Preliminary.: Plat sets forth precise metes and bounds from which a legal description for the 15.98 acres could be generated, the parties acknowledge that until Seller completes his survey, the final .precise legal description will not be ascertained. When the survey is completed, said legal description for the 15.98 acres referred to herein shall be inserted as Exhibit "D" and in place hereof. x/266 ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on February 15, 1994, for the purpose of reviewing and considering the Application of Goldsmith Charter, for a variance to the city's subdivision ordinance to allow fencing of the Eight Mile Lateral instead of tiling as required in the city's subdiviiion ordinance. The property is generally located on the west side of South Locust Grove and 1/2 mile north of Victory Road. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25 day of January 1994. WILLIAM G. BERG, JR., CITY CLERK 4lPIJ~N D ` • • RECEIVED ,l A N - ~ tQ94 CITY OF MERIDIAN 3 3 E . I DAHO AVE . CITY OF MERIDIAN MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: (Owner or holder of valid option -y~08 ADDRESS : 2,"115 ~ lrbc,uSS C,ROV~ RD GENERAL LOCATION: 1IJ oP ~.oc~sT C~RoyE DFrwe~~1 Av~~u.Q,,,o ~~c ULGC~~RY IZD LEGAL DESCRIPTION OF PROPERTY : ~~. ~JTYi0c~1 M~.NT PROOF. OF OWNERSHLP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION I2T COUNTY) VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items"as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug 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: R btUIR~ME~1T ~ P1PE ~NS ENT RR-Ct~TwN Le~a~ ~ cr ~i1FR~~ ~~ PROS i ~ G~s~aN SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By • • APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. Address of subject Property: 2705 South Locust Grove Road, Meridian, Idaho 83642. 2. Name, address, and phone number of applicant: Roylance & Associates, P. A. 4619 Emerald Street, D-2 Boise, Idaho 83706 208/33F,-7390 Name, address, and phone number of owner(s) of subject property: Goldsmith Charter 4450 West State Street Boise, Idaho 83703 208/338-9708 4. Proof of ownership or valid option on the property or a contract interest therein with con- sent of the titled owner: See Attachment B. Legal Description of subject property: See Attachment G 6. Present use of subject property: Property is site of a private farm with a single family residence and associated agri- cultural out-buildings. 7. What is intended to be done on or with the property: The property is the site of a proposed single family residential subdivision and annex anon request currently under consideration by the Meridian City Planning and Zoning Commission. Also refer to Attachment A 1. 8. The district that pertains to the subject property: The property is currently located in the unincorporated area of Ada County, and is Zoned RT Rural Transition. Upon annexation the properly would be zoned R-4 Resi- dential District 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district, and other such items as may be required: See Attachment D. • • 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction: See Attachment E. 11. A list of all 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 addresses of all property owners within the area of the land being considered: See Attachment F. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance: Property is bordered to the south and west by a major open irrigation lateral which would require the installation of large-diameter pipe in order to cover the canal 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. Owner/developer requests that the requirements of Section 9-605 of the Meridian City Code be modified to allow providing for the public safety by the erection of suitable fencing along the Eight Mile Lateral 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to the subject property: Compliance with the provisions of Section 9-605 was not imposed upon previous similar developments located along the Eight Mile Irrigation Lateral: 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with: The size of the bordering lateral would require the installation of minimum 48-inch diameter pipe would be required It is the position of the applicant and owner/developer that more economical alternatives exist 16. Statement that special conditions and circumstances exist which are particular to the land, structure, or buildings involved and which are not applicable to other lands, structures, or buildings in the same district: Refer to Attachment A 2. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant [property owner] of rights commonly enjoyed by other properties in the same district under terms of this ordinance: Refer to Attachment A 3. 18. Statement that special conditions or circumstances exist that were not a result of the appli- cant's [property owner's] action. Refer to Attachment A 4. • • 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: Refer to Attachment A S. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: This variance request does not pose any detrimental impact to the fulfillment of the Meridian Comprehensive Plan. 21. A fee established by the Council: $ 250.00 + $ 1.29 for each certified mailing to be sent =Total Fee 22. The property will be posted 1 week before hearing stating that they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. • ~19OUIREMTZNT VAB~~JC1~! Attach a site plan showing all d®tails of the proposed development, ~Qmplete the follow=ing questions and return with the application. 1. What is intended to be done on or with the property? The property in question is the site of a proposed single-family residential development, Landfall Subdivision. a. what epeaial conditions and circumstances exist which are peculiar to 'Che land, structure, or building involved and which are nat applicable to ath®r laude, structures, or buildings in the same district? The Eight Mile Irrigation Lateral is a major facility which traverses the applicant's prop-erly from southeast to northwest. This would require the installation of very large pipe (in excess of 48-inch diameter) in order to serve this section of the canal. 3. Why wilt a literal interpretation of th~a provisions of this ordinance deprive you of rights commonly en~oyQd by other properties fn the same district under the terms of this ordinance? A literal interpretation of Section 9-605 M of the Subdivision and Development Ordinance would deprive the applicant of an option practice by previous similar developments to use alternative methods of addressing public safety while avoiding the expense of piping a major irrigation lateral. 9. What special conditions or circumstances exist that were not a resul t ci? yous act ipns? Previous municipal policy has not enforced compliance with Section 9-605 as it pertains to properties impacted by the Eight Mile Lateral. 5. why will the granting of this Variance nvt confer on you any special privilege that is denied by this ordinance to other bands, structures, or building in the same district? The applicant's request is strictly an extension of existing conditions which have had a significant impact upon development in this area of Meridian. Attachment A se • a i6~~9s"s: Ol NH I O I a9W d0 Ali 7 ~12I-1 SR : t t ~~~T-r~~-inn i tj . • 1~ ~ OPTION FOR PURCHASE AND SALE OF REAL PROPERTY THIS OPTION TO PURCHASE REAL PROPERTY (hereinafter the "Agreement") is made, granted and entered into effective as of the day of November, 1993 (the Effective Date), by and between JOHN MCDERMOTT, a widower, of Ada County, Idaho, as to an undivided one-half interest, and RONALD HUFFAKER, Personal Representative of the estate of Leona Faye McDermott, of King County, Washington, as to an undivided on-half interest, (hereinafter referred to as "Optionor" or "Seller") and MARTY GOLDSMITH, of Ada County, Idaho, or Nominee (..hereinafter referred as "Optionee" or "Buyer"). Optionor or~Seller and Optionee or Buyer are sometimes hereinafter referred toi as the "Parties" . WITNESSETH: Optionor is the owner of certain real property commonly known as the McDermott Ranch, located on Locust Grove between Overland and Victory Roads in Ada County, Idaho (the "Ranch"). Optionee is interested in purchasing the Ranch from Optionor; and Optionor are interested in selling the Ranch to Optionee, (subject to certain reservations of interest in Optionor, and subject to certain covenants, conditions and restrictions with Attachment B OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 1 r ,~ ~~ ~ ~ • . regard to the property subject ,to this Agreement,) all as more fully provided hereinafter. NOW, THEREFORE, for and in consideration of the payments to be made and the covenants to be performed by Optionee, as hereinafter set forth, ;each and every term, covenant and element being an i integral and material part of this Agreement, the Parties hereby contract, covenant and agree as follows: 1. Grant of Option. In consideration of the payment of the sum of Twenty-Five Thousand and no/100ths Dollars ($25,000.00), by Optionee to Optionor, as and when hereinafter provided, and other good and valuable consideration, the Optionor, subject to the terms and provisions hereof, hereby grants to Optionee the sole and exclusive option to acquire the Property (as hereinafter defined), upon the terms and conditions and for the Purchase Price hereinafter provided, until the expiration of said Option as provided for herein. (The Property is described in Section 4 hereof.) The Twenty-Five Thousand and no/100ths Dollars ($25,000.00) Option payment herein provided for shall be earned and non-refundable, upon payment as provided in this Agreement, unless by the date of closing as hereinafter defined Seller is unable to convey marketable and insurable title to Buyer in accordance with Paragraph 6 herein. In such event the $25,000.00 option payment shall be refunded to the Buyer. The Twenty-Five Thousand Dollar Option price shall be paid by Optionee to~ Optionor, in one payment as follows: I OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 2 r. ~~ ri • • ' a. The sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00) shall be paid to Optionor simultaneous with Optionor's execution of the Agreement. 2. Term of O ption. The term of this Option, shall run from the effective date hereof until 5:00 p.m., Boise Time, on December 31, 1993. 3. Exercise of Option. The exercise of the Option set forth above shall be effected by the..Optionee, prior to the expiration of the term of this Option, delivering or mailing written notice of such exercise of the Option to the Optionor, in the manner provided in Section 18 (e) (Notices). Upon exercise of the option by Optionee, the Parties shall be bound by the terms., conditions and covenants hereinafter provided. 4. The Property. The Property consists of fifty acres, more or less, subject to road and ditch rights of way or easements and subject to all other matters of record. The property is in Section 19, Township 3 North, Range 1 East in Ada County, Idaho as is more particularly described in said Exhibit A. 5. arc awe Price: Payment. The total Purchase Price to be paid by Buyer to Seller for the purchase of the Property is the sum of Seven Hundred Fifty Thousand and No/100ths Dollars ($750,000.00). The Purchase Price shall be paid as follows: a The Option payment of Twenty-Five Thousand and No/100ths Dollars ($25,000.00) (the "Option Payment") shall be credited to~Buyer, against the Purchase Price, at the Closing (as I OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 3 . a • "Closing" is hereinafter defined).. b. The balance of the Purchase Price shall be paid by Buyer to Seller upon Closing date (as hereinafter defined) as follows: (i) The sum of Three Hundred Fifty Thousand and i No/100ths Dollars ($350.000.00) in cash; (ii) The sum of Three Hundred and Seventy-Five Thousand Dollars ($375,000.00) by execution and delivery to Seller of Buyer's Promissory Note (in the form of Exhibit B, attached hereto), and a Purchase Money Mortgage encumbering the Property, excluding the 15.93 acres reterreu w ~+~ Paragraph 9 hereunder, securing payment of the Promissory Note (in the form of Exhibit C, attached hereto). The Promissory Note shall bear interest at the rate of seven and one-half percent (7.5) per annum from the Closing date, until the Promissory Note is paid in full. The entire principal balance, together with any unpaid accrued interest and any other sums payable according to the terms of the Promissory Note, shall be due and payable on March 1, 199. Buyer shall be entitled to prepay the Promissory Note, without penalty, at any time. 6. Conveyance of Title; Title Insurance. Seller shall convey title to the Property to Buyer by Warranty Deed, containing general covenants of warranty and conveying good and marketable fee simple title to the Huyer, subject only to taxes for 1994, those easements OPTION FOR PURCHASE AND SALE OF REAL PROFERTY, Page 4 and rights of way for roads and ditches, and all other exceptions i set forth on Schedule B TICOR Commitment for Title Insurance No. P 123672. Upon the Closing, Seller shall obtain the issuance of an ALTA Owners Standard_Coverage form policy of title insurance, at Seller's sole cost and expense, insuring Buyer's title to the Property in the amount of the Purchase Price, insuring title without exception other than the standard printed exceptions, real property taxes for the year 1994, rights of way, easements, and any other exceptions approved in writing by Buyer. Upon the Closing, the Buyer shall obtain the issuance of an ALTA Mortgagee's Extended Coverage form policy of title insurance, at Buyer's sole cost and expense, insuring Seller as to the first priority and enforceability of the Purchase Money Mortgage, in the insured amount of Three Hundred Seventy-Five Thousand and ;No/l0oths Dollars ($375,000.00), without exception other than as allowed in the Owner's policy to be issued to Buyer (excluding the 15.98 acres as set forth in Section 9), the Purchase Money Mortgage, and printed exceptions ordinarily excluded from an Extended Mortgagee's policy. Seller shall obtain a Commitment for Title Insurance naming Buyer as the Proposed insured, consistent with the foregoing, within thirty (30)~days of execution hereof, and deliver the Commitment to Buyer. 7. Personal Property. The sale and purchase hereof does not include any of Sellers personal property, and there is specifically excluded from this sale all such granaries, corrals, steel or metal OPTLON FOR PURCHASE AND SALE OF REAL PROPERTY, Page 5 r • • I ' ', gates, posts, wire and panels, as the same now exists, that Seller desires to remove. Seller shall affect such removal within one hundred twenty (120) days after Buyer has made the payment due on March 1, 1994. 8. Closing. The closing shall occur as follows: a. The Seller shall be entitled to continued possession of the Property for the time period from the execution hereof until Closing. However., during said time period, Buyer shall have the right to enter and go upon the Property for purposes of conducting, obtaining or preparing soil and water tests, engineering studies, I and such other studies and tests as Buyer may reasonably determine to be appropriate. Further, during said--time period, Buyer shall be entitled to make applications for such governmental permits, certificates and licenses as may be required for Buyers ultimate development o.f the Property. b. The Closing shall occur March 1, 1994. At the Closing, the respective Parties sha1L execute or effect the following acts: (i) Seller shall execute and acknowledge and ^. deliver the Warranty Deed as provided in Section 6 hereof. (ii) Buyer shall pay the sum he is obligated to pay pursuant to Section 5(b)(i) hereof. (iii) Buyer shall execute and deliver the Promissory Note and execute, acknowledge and deliver the Purchase Money Mortgage as provided in Section 5(b)(ii) hereof. OPTION FORjPURCHASE AND SALE Off' REAL PROPERTY, Page 6 ^ ! • (iv) Buyer and Instructions, and Settlement Seller shall execute Closing Statements consistent with the provisions hereof, instructing the Escrow Agent to: first, record the Warranty Deed; second, record the Purchase Money Mortgage; third, disburse net sale proceeds to Seller and deliver the Promissory Note, the recorded Purchase Money Mortgage to Seller; ourth, deliver the recorded Warranty Deed to Buyer; fifth, issue and deliver respectively to Buyer- and Seller the title insurance policies required by Section 6 hereof. c. Ad valorem and similar taxes and assessments levied ^ against the Property for the year 1994 shall be prorated at closing, as of the Closing date, with Seller responsible for payment of fall taxes accrued.. up to the .date of closing. The Seller's portion of such taxes shall be a credit against the cash due Seller at Closing. d. The Escrow Agent's fee and all recording fees shall be paid one-half (1/2) each by Seller and Buyer. e. :The Escrow Agent shall be Pioneer Title Company of Ada County, Idaho, whose address is 821 West State Street, Boise, Idaho, 83702 (who shall also issue the title insurance commitments and policies required by this agreement). g, np~pt~nment of Property. It is Buyer's intent to subdivide the property into. residential lots and to secure annexation by the City of Meridian, Idaho. The only development, improving, and. building of residence homes shall initially be OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 7 • . ~ .. '. limited to 15.98 acres contiguous and adjacent to the east and north boundaries of said property lying east and north of the Eight-Mile Lateral.., excluding therefrom Seller John McDermott's residence hole with approximately 1/2 acre of land. The said 15.98 acres shall be surveyed and a legal description determined by Buyer at his cost and expense, and shall be approved by Seller, and when so approved shall be attached to this agreement as Exhibit D. 10. Possession. At time of Closing. Buyer shall be entitled to possession of 15.98 acres contiguous and adjacent to the east and north boundary of said property, lying east and north of the eight-mile Lateral, excluding Seller John McDermott's residence home with approximately 1/2 acre of land. Seller will pe entiztea to remain without charge, in the residence home and have possession of the out. buildings and corrals for a period of One Hundred Twenty (120) days after Buyer has made the payment due on March 1, 1994. 11. Broker's Commissions.. Seller acknowledges that CRC Realty of Boise, Ada County, Idaho, have been instrumental in this transaction on behalf of Seller, have been representing Seller and will be paid a brokerage fee by Sellers. Seller represents that they have not executed or entered into any contract of employment or "listing agreement" with regard to the sale orbpossible sale of the Property with anyone other than CRC. ~ 12. ,indemnification. Buyer does hereby indemnify and hold harmless Seller from any and all loss, damages, claim, liability or OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 8 expense, including without limitation attorneys' fees and costs, asserted against Seller or the Property, arising or resulting from: a. Tests, surveys, studies or other acts or works pursuant to ;Buyer's rights under Section 8(a) and 14 hereof, except for liability arising out of pre-existing physical conditions on the Property discovered by such tests, surveys or studies. b. Any other act, action, or failure to act by Buyer, its agent, employees, contractors or representatives. Buyer further agrees that in conducting any tests or studies, or undertaking any other action with regard to the Property pursuant to the provisions of Section 8(a) and Section 14 of this Agreement, Buyer will avoid and prevent any permanent alteration to the Property, or removal of any trees, bushes or other vegetation, and Buyer will repair fully any damage caused in such undertaking. 14. Conditions of the Property. Buyer will have inspected the Property prior to Closing, and executes and enters into this Agreement without reliance upon any representation or warranty by seller as to the condition of the Property, its qualities, or its usefulness for any particular purpose, except as otherwise expressly set forth in this Agreement with regard to Seller's warranty of title. Buyer is purchasing the property AS IS WHERE IS. Sellers' only obligation with regard to the physical condition or status o,f the Property shall be to maintain the Property until and including the Closing date in the same condition (minor natural i changes excepted) as it was on the date of execution of this OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 9 Agreement. Notwithstanding the foregoing disclaimer, Seller warrants and represents that, to the best 'of Seller's knowledge, the water rights to be conveyed to Buyer hereunder suffer from no defects in perfection, nor are there any adverse claims against said rights. 15. F~ngineerinq and Zoning Apuroval. Sellers hereby authorize Buyer to enter upon the property for purposes of survey, soil tests and other engineering studies as Buyer deems necessary for his intended use of the Property. Seller agrees to execute zoning applications, or other zoning documents, as may be required by Buyer. All costs of said test, surveys, engineering, planning or zoning documents shall be solely at and paid for by Buyer. Buyer agrees,, to indemnify and save harmless Seller from any claims, actions, suits or demands resulting from any actions of the Buyer. Buyer will not allow any labor. or material liens to be filed on the Property. Should Buyer fail to purchase the property, Buyer shall restore said property to its original condition, with respect to soil tests or any other engineering studies done on the property. In the event Buyer does not purchase all of the. Property, Buyer shall furnish to Seller all surveys, mapping, studies and engineering reports which shall become the property of Seller, (and Buyer shall pay all fees or costs arising or resulting from such studies). If Buyer determines the property is not developable for Buyer's intended use or water and sewer extensions are not economically feasible, Sellers sole and exclusive remedy against OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 10 • ~ • Buyer will be limited to the non-refundable earnest money received by the Seller. 16. Obtion Conclusively Deemed Exercised. Should Buyer petition anyjpolitical sub-division of the state of Idaho to change .. the zoning of the property from that which now exists and/or to subdivide the property and/or to annex the property and should said petition be granted, then the granting thereof shall conclusively be deemed to be an exercise of the option to purchase the property by the Buyer and the closing shall .take place as herein provided. 17. Remedies. Should either party fail or neglect to perform in accordance with terms of this Agreement, .the non-defaulting party shall be entitled to all such rights as are available at law or in equity, including injunctive relief or specific performance. 18. General. a. ,Survival of Terms. The terms, covenants and provisions hereof, and in all documents being executed hereunder, shall survive the closing and transfer of title to Buyer and shall remain in full force and effect thereafter. b. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. c; Entire Agreement. This Agreement and the other documents to be executed by Buyer and Seller hereunder, embody the entire agreement between the Parties relative to the subject matter hereof, and there are no oral or parol agreements existing between OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 11 "' ~ ~ ~. Seller and Buyer relative to the subject matter hereof which are not expressly set forth herein or in the documents to be executed hereunder and covered hereby, and in the case of any conflicts between any_such documents, this Agreement shall control. d. Headings. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. e. Notices. Any notice required-.. or permitted to be delivered hereunder shall be deemed received when personally delivered or when deposited in the United States mail, postage prepaid, registered or certified with return receipt requested, addressed to Seller or Buyer, as the case may be, at the address set forth below, or at such other addresses as either party may subsequently designate by written notice given in the manner provided in ,this Section. Seller: John McDermott 2705.5. Locust Grove Road ~ Meridian, Idaho 83642 Ronald L. Huffaker, Personal Representative of the Estate of Leona Faye McDermott ~ Joseph H. Uberuaga, II Eberle, Berlin, Kading, Turnbow & McKlveen P. 0. Box 1368 Boise, ID 83701 Buyer: Marty Goldsmith 4550 West State Street Boise, Idaho 83703 f. Additional Acts. OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 12 Except as otherwise provided ^ / ,. herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the Closing and thereafter, any and all such further acts, deeds and assurances as Buyer or Seller, as .the case may be, may reasonably require to: (i) evidence and vest in the Buyer the ownership of and title to the property; (ii) consummate the transaction as contemplated hereunder. g.! Governing Law. This Agreement shall be governed by the laws, including conflicts of laws, of the State of Idaho, as an i i agreement related to real property in the State of Idaho, and to be performed in the State of Idaho. h. Time of the Essence. All times provided for in this Agreement, or in any other document executed hereunder, for the performance of any act will be strictly construed, time being of the essence. i. Attorney's Fees. In th event of any controversy, claim or action. being filed or instituted between the parties to this Agreement to enforce the terms and conditions of this Agreement or any of the other purchase documents, or arising from the breach of any provision hereof, or the provisions of any document herein provided for, the prevailing party will be entitled OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 13 • • ~ ~ ~ ~. to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by that party. j.~ Damage/Eminent Domain. If, at any time before the Closing date the Property, or any part thereof, is threatened with condemnation; or legal proceedings are commenced under the power of eminent domain or the Property is materially damaged or destroyed, Buyer shall have the option to terminate the Agreement by giving Seller written notice, in which event neither Seller nor Buyer shall have any further right or obligation hereunder (provided, however, that in such event Seller may retain the Initial Payment). If Buyer does not exercise its option to terminate this Agreement, the Agreement shall remain in full force and effect and shall not terminate, and all damages and insurance proceeds shall belong to and be the property of Buyer, and Seller shall have no responsibility with respect thereto. Seller shall execute any assignments or other documents reasonably required by Buyer to confirm Buyer's rights as provided hereunder, and Buyer shall accept the Property without any reduction of the Purchase Price by reason such threatened or actual condemnation or such damage or destruction. I I OPTION FOR PURCHASE AND SALE OFIREAL PROPERTY, Page 14 ^ ^ • ~ '. ' k. Severability. In case any one or more of the provisions contained in this Agreement shall' for any reason be held to be invalid, illegal, unconscionable or unenforceable in any respect, such invalidity, illegality, unconscionability or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, unconscionable or unenforceable provision had never been contained herein and all other terms and provisions hereof will nevertheless remain effective and be in force to the fullest extent permitted by law. 1. Modification. The parties hereto may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by all parties. This Agreement may not, however, be changed orally, nor shall it be deemed modified in any way by any act of the parties hereto. m.' No Joint Venture. Nothing contained in this i Agreement, or in any of the documents herein contemplated, shall be construed as creating a joint venture, partnership, or agency relationship between Buyer and Seller. n. Covenant to Cooperate. Seller hereby covenants and agrees to cooperate with Buyer on all governmental applications contemplated. herein and to be submitted by Buyer. o. Exhibits: Exhibits A, B, C and D, attached hereto are referred to and by such attachment and reference are made a part hereof. OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 15 ^ ,.-, " . ~ . IN WITNESS WHEREOF, the parties hereto have executed this i Agreement effective as of the day and year f"irst above written. SELLER:? J~'HN cDEFtMOT ESTATE OF LEONA FAYE cDERMOTT v~ By RONALD HUFFAKER, Personal Representative BUYER: i~~,RT`1 OLD i ITH OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 16 ~t abeg C6 •f~C•F :sa.zzdxg uo~ss~ututo0 ~y~ ~,-~Sgrlprdrl ,a~, ~S q'e buzptsag r ~tisd .xo3 ozTgnd ~C.zegoH ~~•~P i `xsx~aoxa~ ~0 3z~rs arty gS d 2103 HOIZdO •uaggtsM anoge gszt~ ageot3iq~aa s~uq ui .zea~I pue Cep auq Teas Te~a~~3o 1Cut paxt33e put pueu ~Lut qas oquna~au anew I '3032i3HM SS3AISIM HI •anzgequasasdag Teuos~aa eons se awes auq pagnoaxa au geuq aut oq pabpaTMOUxoe pue 'quautn.zgsu~ butoba~o3 auq oq pagi~osgns si auzeu asouM uos~ad auq aq oq am oq uMOUx puE ' paseaoap ' ggout.zaQoy~ a1~e3 euoaZ 3o agegs3 auq 3o an~gequasa.zdaH Teuoszaa auq aq oq aut oq urou~{ '2I3}I~133AH •Z oZ~HOg pa~zeadde 1CTTeuos~ad 'agegs pies .zoo pue u~ o~Tgnd 1~iegoH a 'aut a.zo3aq ' E66t '-~~~ 30 1~ep o ~£ sTuq u0 yrvwr~ PQ ~!>. Gc • :sa~idxg uotss~astuo0 Aye ouepl 'as~og ~e butpTsaH ou . I X03 atTgna fze~opl ~y Ii ` .~ ( - ~r;~f 30 dquno0 •ss i (_r ~ h r: N s d 30 3SKSS •uaggz~ anoge qs~z~ ageo~3iq~ap s~uq ui sea1C pue 1~ep auq Teas TE~o'~330 1Cux pax~~3e pue pueu ~Ctu qas oquna~au anew I ' 3032i3HM SS3HSIM HI • as~ES auk pagnoaxa au geuq atu oq pabpaZMOUxoe pue 'quasun~gsu~ bu~oba~o~ auq oq pagz~osgns st anteu asouM uos~ad auq aq oq aut oq uMOUX 'S~LOH2i3Qoki W1~~ ~2 xHOr Pa.zeadde 1CTYeuos~ad ' agegs pies -- X03 pue u~ d'~Tgnd 1CsegoH e ' atu a.zo,~aq ' £66t 'zaqutanoH 30 1~ep I~ stag u0 ( ePK 3o rCquroO •ss ( OHKQI 30 3S~iSS ._..! • I ~ • STATE OF IDAHO ) ss. County of Ada ) .. On this 1Q~' .. day of -limber, 1993, before me, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me-that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. N'ocary Public for daho Residing at ~~~; Idaho toy Commission Expires: (r7-97 ~:4 ~: OPTION FOR PURCHASE AND SALE OF REAL PROPERTY, Page 18 . .• EXHIBIT "A" The following described premises, in Ada County, State of Idaho, to-wit: NORTHEAST QUARTER OF THE .,SOUTHEAST QUARTER AND NORTH HALF OF THE NORTH HALF -OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, IIOISE MERIDIAN, IN ADA COUNTY, STATE OF IDAHO. EXCEPT ;THAT PORTION LYING WITHIN THE LOCUST GROVE RIGHT OF WAY. AND SUBJECT TO TAXES FOR 1994; EASEMENTS AND RIGHTS OF WAY FOR ROADS AND DITCHES; AND ALL OTHER EXCEPTIONS SET FORTH ON SCHEDULE B, TICOR COMMITMENT FOR TITLE INSURANCE NO. P123672. AND EXCEPT THAT PORTION IF ANY LYING WITHIN KACHINA ESTATES SUBDIVISION ACCORDING TO THE PLAT THEREOF,,, FILED IN BOOK 35 OF PLATS AT PAGE 3016 AND 3017, RECORDS OF ADA COUNTY, IDAHO. EXHIBIT "A" • EXHIBIT "B" • PROMISSORY NOTE $375,000.00 March 1, 1994 Boise, Idaho FOR VALUE RECEIVED, the undersigned, jointly and severally, hereby promise to pay to the order of JOHN MCDERMOTT, a widower, as to an undivided one-half interest, and RONALD HUFFAKER, Personal Representative of the estate of Leona Faye McDermott, as to an undivided one-half interest, at Meridian, Idaho, or at such other place as the holder of this Note may, from time to time, designate, the principal sum of Three Hundred Seventy-Five Thousand Dollars ($375,000.00), with interest thereon at the rate of seven and-one-half percent (7.5%) per annum, payable on the 1st day of March, 1995, at which time the entire principal balance and interest accrued thereon shall be due and payable. Each of such installments shall be payable in lawful currency of the United States. This Note may be prepaid at any time without penalty. Because of the impracticality of determining actual damage suffered by the holder hereof by reason of payment Hereunder not being made when due, tl~e undersigned agrees to pay, as liquidated damages, a late charge to cover the administrative costs related to collecting and accounting for late payments which are more than fifteen (15) days late, which.late charge shall be in an amount which is five percent (5 %) of any installment. I Upon any default in the making of any of said payments or in the performance or observance of any of tl~e covenants or agreements of this Note, the Mortgage or any instrument now or hereafter evidencing or securing the indebtedness evidenced hereby, the holder of this Note shall give maker fifteen (15) days' written notice of such default. If such default is not cured within said fifteen (15) day period, then the holder of this Note may apply payments received on any amounts due hereunder as said holder may determine, and the holder of this Note may accelerate all principal and interest remaining due hereunder, and if the holder of this Note so elects, all principal remaining unpaid with accrued interest shall at once become due and payable. Upon any default, from and after the date of default, interest will .accrue at a rate of fourteen percent (14%) on all balances due under this Note and the Mortgage until paid in full. No extension of the time for the payment of this Note or any installment hereof made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the liability under this Note. Acceptance of partial payments and/or forbearance shall not be deemed a waiver or forbearance of the holder's remedies or rights. This Note is given to evidence the balance of the purchase price due by the undersigned from the sale of certain property to the undersigned, and is secured by a Mortgage which is a lien on real property in Ada County, State of Idaho, and shall be governed and construed by the law of said State. Notwithstanding anything contained in this Promissory Note to the contrary, in the event PROMISSORY NOTE T 1 ~xxzszT "R° • EXHIBIT "C" • . MORTGAGE THIS MORTGAGE AND ASSIGNMENT OF RANTS (hereinafter referred to as "Mortgage"), is made this 1st day of March, 1994, by and between MARTY GOLDSbIITH, of Boise, .Ada County, Idaho, (hereinafter called "Mortgagor"), and JOHN MCDERMOTT, a widower, as to an undivided one-half interest, and RONALD HUFFAKER, Personal Representative of the estate of Leona Faye McDermott, as to an undivided one-half interest, of King County, Washington, (hereinafter called "Mortgagee"); W~Tj~~~~ETH: That Mortgagor does hereby irrevocably GRANT, BARGAIN AND SELL unto Mortgagee that certain property in the County of Ada, State of -Idaho (hereinafter called the "Property"), more particularly described on Exhibit "A" attached hereto and made a part hereof by reference, together with the buildings and improvements thereon; TOGETHER WITH all rents, issues, profits, royalties, income and other benefits derived from the Property (hereinafter collectively called the "rents"), subject to the right, power and authority hereinafter given to Mortgagor to collect and apply such rents; TOGETHER WITH all irrigation equipment, irrigation works, lines, pumps, motors, equipment and electric panels of every kind and nature, including but not limited to those items of irrigation equipment described on Exhibit "B" attached hereto and made a part hereof by reference, and any replacements, substitutions and additions thereto; TOGETHER WITH all leasehold .estate, right, title and interest of Mortgagor in and to all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Mortgagor thereunder, including without limitation all cash or security deposits, advance rentals, and deposits or payments of similar nature; TOGETHER WITH all right, title and interest of Mortgagor in and to all options to purchase or lease the Property or any portion thereof or interest therein, and any greater estate in the Property owned or hereafter acquired; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Mortgagor now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights-of--way and rights used in connection therewith or as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and thereto, and all water, water rights, water rights appropriations, ditches, canals, wells, franchises upon, leading to or connected with said property, and shares of stock. evidencing the same; TOGETHER WITH any and all buildings, structures and improvements now or hereafter erected thereon, including, but not limited to the fixtures, attachments, appliances, equipment, machinery and other articles attached to said buildings, structures and improvements; MORTGAGE - 1 flT~ Il p{II .i . ~ ~ TOGET'AER WITH all right, title and interest of Mortgagor in and to aU grazing permits/range improvements and leases which Mortgagor now has or may hereafter acquire; TOGETHER WITH all right, title and interest of Mortgagor, now owned or hereafter acquired, in and to any land lying within the right-of--way of any roads adjoining the Property; TOGETHER WITH all the estate, interest, right, title and other claim or demand, including claims or demands with respect to the proceeds of any and all awards made for the taking by eminent domain, or by any proceedings or purchase in lieu thereof, of the whole or any part of the Property, including without limitation any awazds resulting from a change of grade of roads and awards for severance damages. The entire estate, property and interest hereby conveyed to Mortgagor may herein be referred to as the Mortgaged Property. FOR THE PURPOSE OF SECURING: A. Payment of indebtedness in the total principal amount of Three Hundred Seventy- FiveThousand and no/ 100 Dollazs (5375.,000.00) with interest thereon, evidenced by that certain Promissory Note of even date herewith executed by Mortgagor (hereinafter the "Note"), which Note has been delivered to and is payable to the order of Mortgagee, and which by this reference is hereby made a part hereof, and any and all modifications, extensions and renewals thereof. B. The date of maturity of the indebtedness secured hereby is the 1st day of Mazch, 1995. C. Payment of all sums advanced by Mortgagee to protect the Mortgaged Property, wi interest thereon at the rate provided for in the Note. D. Payment of all other sums, with interest thereon, which may hereafter be loaned to Mortgagor by Mortgagee when evidenced by a promissory note or notes reciting that they aze secured by this Mortgage. E. Performance of Mortgagor's obligations and agreements contained in any other document. or instrument executed by Mortgagor for the benefit of Mortgagee. This Mortgage, the Note, and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby may hereinafter be referred to as the "Loan Instruments." TO PROTECT TAE SECURITY OF THIS MORTGAGE, MORTGAGOR HEREBY CO VF.~YANTS AND AGREES AS FOLLOWS: MORTGAGE - 2 • ARTICLE I. • COVENANTS AND AGREEMENTS OF MORTGAGOR. Mortgagor hereby covenants and agrees: 1.01 p:~vment of Secured Obligations.. To pay when due the principal of, and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments, and the principal of, and interest on, any future advances secured by this Mortgage. 1.02 Maintenance: Repair: Alterations. To keep the Mortgaged Property in good condition and repair, to complete promptly in good and workmanlike manner any building or other improvement which may be constructed on the Property ("Improvements") and promptly restore in like manner any Improvement which may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished tl}erefor, to comply with all laws, ordinances regulations, covenants, conditions and restrictions now or hereafter affecting the Mortgaged Property or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Mortgaged Property, to keep and maintain abutting grounds and roads, in good and neat order and repair; to comply with the provisions of any lease (if this Mortgage is on a leasehold); not to commit, suffer or permit any act to be done in or upon the Mortgaged Property in violation of any law, ordinance or regulation. 1.03 Required Insurance. To at all times provide, maintain. and keep in force the following policies of insurance: (a) At such time as improvements are built or placed upon the Property, then physical hazard insurance covering the perils of fire. and other casualties with extended coverage, in an amount equal to 100% of the full replacement value of all the Improvements so that Mortgagor will not be a co-insurer in any loss under the policy and, in any event, not less than the full original indebtedness of the Mortgagor. (b) Public liability insurance in such amounts as may be reasonably requested by Mortgagees from time to time, but in no event less than $300,000 for each injury and 5500,000 in the aggregate. (c) Such other insurance, and in such amounts, as may from time to time be required by. Mortgagee against the same or other hazards. (d) All policies of insurance required by the terms of this Mortgage shall contain an endorsement or agreement by the insurer that any loss shall be payable in accordance with the terms of such policy, notwithstanding any act or negligence of Mortgage which might otherwise result in forfeiture of said insurance, and the further agreement of the insurer waiving all rights of setoff, counterclaim or deductions against Mortgagor. MORTGAGE - 3 ..~ ~ ~ . 1.04 Delivery of Certificates/Policies: P~vment of Premiums. That all policies of insurance shall be issued by companies and in amounts in each company satisfactory to Mortgagee. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the .benefit of Mortgagee in form satisfactory. to Mortgagee. Mortgagor shall furnish Mortgagee with an original policy of all policies of required insurance. At least thirty (30) days prior to the expiration of each such policy, Mortgagor shall furnish Mortgagee with evidence satisfactory to Mortgagee of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Mortgage. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without a least thirty (30) days' prior written notice to Mortgagee. In the event Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Mortgagee the policies of insurance required by this section, Mortgagee may procure such insurance or single-interest insurance for such risks covering.Mortgagee's interest, and Mortgagor will pay all prenuums thereon promptly upon demand by Mortgagee, and until such payment is made by Mortgagor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Mortgage. At the request of Mortgagee, Mortgagor shall deposit with Mortgagee, in monthly installments, an amount equal toone-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Mortgage. Mortgagor further agrees, upon Mortgagee's request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Mortgagee. Upon receipt of such bills, statements or other documents, and providing Mortgagor has deposited sufficient funds with Mortgagee pursuant to this section, Lortgagee shall pay such amounts as may be due thereunder out of the funds so deposited with Mortgagee. If at any time and for any reason the funds deposited with Mortgagee aze or will be insufficient to pay such amounts as may then or subsequently be due,. Mortgagee shall notify Mortgagor and l~fortgagor shall immediately deposit with Mortgagee an amount equal to such deficiency. Notwithstanding the foregoing, nothing contained herein shall cause Mortgagee to be deemed a trustee of~said funds or to be obligated. to pay any,amounts in excess of the amount of funds deposited with Mortgagee pursuant to this section. Mortgagee may commingle said reserve with its own funds and Mortgagor shall be entitled to no interest thereon. 1.05 insurance Proceeds. That after the happening of any casualty to the Mortgaged Property or any part .thereof, Mortgagor shall give prompt written notice thereof to Mortgagee. (a) At'such time as improvements are placed on the property, then in the event of any damage or destruction of the Improvements, Mortgagee shall have the option in its sole discretion of applying all or part of the insurance proceeds (1) to any indebtedness secured hereby and in such order as Mortgagee may determine, or (2)' to the restoration of the Improvements or (3) to Mortgagor. (b) In the event of such loss or damage, all proceeds of insurance shall be payable to Mortgagee and Mortgagor as their interests may appear. (c) Except to the extent that insurance proceeds aze received by Mortgagee and applied to the indebtedness secured hereby, nothing herein contained shall be deemed to excuse Mortgagor from repairing or maintaining the Improvements and Mortgaged Property as provided in Section 1.02 above, or restoring all damage MORTGAGE - 4 ~~i ~ or destruction to the Mortgaged Property regardless of whether or not there are insurance proceeds available or whether any such process are sufficient in amount, and the application or release by Mortgagee of any .insurance proceeds shall not cure or waive any default or notice of default under this Mortgagor or invalidate any act done pursuant to such notice. 1.06 Assignment of Policies Uoon Foreclosure. In the event of foreclosure of this Mortgage or other transfer of:dtle or assignment of the Mortgaged Property in extinguishment, in whole or in part, of the debt secured hereby, all right, title and interest of Mortgagor in and to all policies of insurance required by this section shall inure to the benefit of and pass to the successor in interest to Mortgagor or the purchaser or grantee of the Mortgaged Property. 1.07 indemnification: Attorne~Fees. If Niortgagee is made a party defendant to any litigation concerning this Mortgage or the Mortgaged Property, or any part thereof or interest therein or the occupancy thereof by Mortgagor, then Mortgagor shall indemnify, defend and hold Mortgagee harmless from all' liability by reason of said litigation, including reasonable attorney fees and expenses incurred by Mortgagee in any such litigation, whether or not any such litigation is prosecuted to judgment. If Mortgagee commences an action against Mortgagor to enforce any of the terms hereof or because of Mortgagor's breach of any,of the terms hereof, or for the recovery of any suin secured hereby, Mortgagor shall pay to Mortgagee reasonable attorney fees and expenses, and the right to such attorney fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Mortgagor breaches any term of this Mortgage, Mortgagee may employ an attorney or attorneys to protect Mortgagee's rights hereunder, and in the event of such employment following any breach by Mortgagor, Mortgagor shall pay to Mortgagee reasonable attorney fees and, expenses incurred by: Mortgagee, whether or not an action is actually commenced against Mortgagor by reason of such breach. 1.09 (a) Mortgagor agrees to pay, at least ten (10) days prior to delinquency, all real property taxes and assessments, general and special, and ..all other taxes and assessments of any kind or nature whatsoever, including. without limitation non:governmental levies or charges resulting from covenants, conditions and restrictions affecting the Mortgaged Property, which are assessed or imposed upon the Mortgaged Property, or become due and payable, and which create, may create or appear to create a lien upon the Mortgaged Property, or any part thereof (all of which taxes, assessments and other governmental charges of like nature are hereinafter referred to as "Impositions"); provided, however, that if, by law, any such Imposition is payable, or may at the option of the taxpayer be paid, in installments, Mortgagor may pay the same, together with any accrued interest on the unpaid balance of such Imposition, in installments.. as the same become. due and .before any fine, penalty, ,interest or cost may be added .thereto for the nonpayment of any such installment and interest. (b) Mortgagor shall furnish to Mortgagee', within forty-five (45) days after the date upon which any such Imposition is due and payable by Mortgagor, official MORTGAGE - 5 receipts of the appropriate taxing authority, or other proof satisfactory to Mortgagee, evidencing the payment(s) thereof. 1.10 til i To pay when due all utility chazges which aze incurred by Mortgagor for the benefit of, the Mortgaged Property or which become a chazge or lien against the Mortgaged Property for gas, electricity, water or sewer services furnished to the Mortgaged Property, and all other assessments or chazges of a similaz nature, whether public or private, affecting the Mortgaged Property or any portion thereof, whether or not such assessments or charges aze liens thereon. 1.11 Actions Affecting_Mortgaged Progeny. To appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Mortgagee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Mortgagee may appear. 1.12 Actions by Mortgagee to Preserve i/tortgaaed Prow. That should Mortgagor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Mortgagee, in its own discretion, without obligation to do so and without notice to or demand upon Mortgagor and without releasing. Mortgagor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. In connection therewith (without limiting its general powers), Mortgagee shall have and is hereby given the right, but not the obligation, (1) to enter upon and take possession of the Mortgaged Property; (2) to make additions, alterations, repairs and improvements to the Mortgaged Property which it may consider necessary or proper to keep the Mortgaged Property in good condition and repair; (3) to appeaz and participate in any action or proceeding affecting or which may affect the security hereof or the., rights or powers of Mortgagee; (4) to pay, purchase, contest or compromise any encumbrance, claim, chazge, lien or debt which in the judgment of either may affect or appears to affect the security of this Mortgage or be prior to superior hereto; and (5~ in exercising such powers, to pay necessary expenses, including employment of counsel or other necessary or desirable consultants. Mortgagor shall, immediately.. upon demand therefor by Mortgagee, pay all costs and expenses incurred by Iviortgagee in connection with the exercise of Mortgagee of the foregoing rights, including (without limitation) costs of evidence of title, court costs,. appraisals, surveys and attorney's fees. 1.13 minent Domain. That should the Mortgaged Property, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner ("Condemnation"), or should Mortgagor receive any notice or other information regarding such proceeding, Mortgagor shall give prompt written notice thereof to Mortgagee. (a) Mortgagee shall be entitled to all compensation, awazds and other payments or relief therefor, and shall be entitled at its option to commence, appeaz in and prosecute in its own name any action or proceedings. Mortgagee shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds awazded to Mortgagor (the "Proceeds") are hereby assigned to Mortgagee, and MORTGAGE - 6 • Mortgagor agrees to execute such further assignments of the Proceeds as Mortgagee may require. (b) In the event any portion of the Mortgaged Property is so taken or damaged, Mortgagee shall have the option, in its sole and absolute discretion, to .apply all such Proceeds., after deducting therefrom all costs and expenses (regazdless of the particular nature thereof and whether incurred .with or without suit); including attorney's fees, incurred by it in connection with such Proceeds, upon any indebtedness secured hereby and in such order as Mortgagee may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Mortgaged Property upon such conditions as Mortgagee may determine. Such application or. release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 1.14 Additional Seeurity. That in the event Mortgagee at any time holds additional security for any of the: obligations secured hereto, it may enforce the sale thereof or otherwise realize upon the same, at its option, either before or concurrently herewith or after a sale is made hereunder. 1.15 Successors and Assigns. That this Mortgage applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Mortgagee" shall mean the owner and holder of the Note, whether or not named as Iviortgagee herein. In this Mortgage, whenever the contest so requires, the masculine gender includes the feminine and/or~ neuter, and the singular number includes the plural. ;' 1.16 Inspections. That Mortgagee, or Mortgagee's agents, representatives or workmen, are authorized to enter at any reasonable time upon or in-any part of the Mortgaged Property for the purpose. of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of this Mortgage or of any of the Loan Instruments. 1.17 iens. To pay and promptly discharge, at Mortgagor's cost and expense, all liens, encumbrances and charges upon the Mortgaged Property, or any part thereof or interest therein; provided .that the existence of any mechanic's, laborer's, materialmen's, supplier's or vendor's liens or right thereto shall not constitute a violation of this section if payment is not yet due under the contract which is the foundation thereof and if such contract does not postpone payment for more than fifty-five (55) days after the performance thereof. Mortgagor shall have the right to contest in good faith the validity of any such lien, encumbrance or charge, provided Mortgagor shall fast deposit with Mortgagee a bond or other security satisfactory to Mortgagee in such amounts as Mortgagee shall reasonably require, but not more than one and one-half (150°0 of the amount of the claim, provided further that Mortgagor shall thereafter diligently proceed to cause such lien, encumbrance or charge to be removed or discharged. If biortgagvr shall fail to discharge any such lien, encumbrance or charge, then, in addition to any other right or remedy of Mortgagee, Mortgagee may (but shall not be obligated to) discharge the same, either by paying the amount. claimed to be due, or by procuring the discharge of such lien by MORTGAGE - 7 • • 8 - SJdJZ2I0NT io aiEis `jE.Iapa; ainin; io iuasaid ~CuE xapun;iasit Io;;agar iEpwis io uopnlosstp `uonEpmbti `iuawisnfpEai `uontsodwoo `luawa8uuvE `uopEZruESloai ~fuE ui ~uiasamb~E io 8urxaas sannsus io uopnad ~tuE aig pEys .~o `iuanlosut .ro adnniuEq E paiEaipnfpE aq iieys 10 ~(oidn~uEq ut uopriad ~iunion E ajt~ nEys io~E~uoj~ (q) io :anp uaynn ~tgalay pamoas wns iayio ~uE ~o lsalaiut io jEdtowd;o iuawlprisui ~fuE;o iuaw~(Ed axEw of jtE; IjEys ioBEouoyy (e) :iapunaiay 3InE;ap ;o iuana uE pawaap aq IjEys siuana ~utnnoijo; ayi ;o dud • in a n IO'£ L i •jjn; ut ptEd st aioH ~(.iosstwo~d pies jnun tropEiodioo pres;o iapjoyxoois jEdiouUd ayi utEwai isnw lo~E~i~oj~ puE Xoois panssi ayl;o (~p~) iuaoaad paipunH aup suMO ~o~s~uoj~ yotyM;o uonEiodJOa oyEpI ~uE of `sa~noas it aioH ayi puE a~ES>1oj~ sYyi uatssE io is;suE.~ `jias `aa~EBi~oj~ 3o aopou uai3unn ~uunoas io ~utnt8 inoyiinn `~tEw ~o~EBiloj~ :uopdaaxg •~tgaiay pa~noas suonE~rigo ayi io .~apunaiay ~titiigEti s~io~Eouoj~ ~ut~lEyosip ~o ~uiiEntn ~tEnc- ~tuE ut inoyiiM `pawEU uTalay .ioSEouoj~ y1tM sE .~auvEw awES ayi ut puE `~Cgaiay painoas suopEatjgo ayi puE a~E~lsoj~ stye of aaua~a;ai yitM isaiaiut ut siossaaans io iossaaans yans y~inn jEap `diysiaun~o ut aSuEya yons of iuasuoo uaiiun~ uaniS sEy aa~E~lloj~ iou io iayiayM `pawEU uta~ay loSE8uo11 of aonou inoyitnn MEW aa~ESuoj~ `paweu uiaJay ~o~eoi~oy~ uEyi ~ayio ~Cipua io uos.~ad E ui paisan sawoaaq `;oaiayi uot>lod ~uE ~o `~uadoid ayi ;o dtgs~aunno Juana ayi uI •aaaEouoj~ ;o uondo ayi iE aIgE~Ed puE anp ~tjaiE~pawwi awoaaq jjEys ~Cga.ray painaas ssaupaigapuc aniua ayi uayi `~tgaiay painoas aioH ayi;o ~CturuEw ayi of .loud pa~Canuoo ~o pios aq `;oaiayi uotuod ~{uE ao `~Cuadoid ayi pjnoys •~SjuEiunTonut io ~IuEiunjon `utaiayl isalaiui ~(u~ io ;oaiayi itEd ~{uE io `~tuadoid ayi .~agwnoua iaylln; to `aiEUaT~E ~o ~anuoo `asEal `Iias iou IjEys ]ooE~uoj~ `ptEdun surewai ~tgaiay painoas uopEotjgo ~{uE sE ouoj os autiagwn u~ .z yian3 a lu uo n - pa iq~y .z ; u 61•j •~{Ed of os ainjre; ~o; 3in~;ap aaEiaap of Jo pauopuaw utaiay suopE~rjgo iayio lIE ;o anp uaynn iuaw~Ed idwoJd almbai of ~ayita iy$u sit aniEnn iou saop aa~ESiaoj~ `aisp anp sii ia33E pauopuaw utaay uop~oiigo ~tuE;o iuaw~tEd 8undaaaE ~g •oiaiayi uonElai ut sioigap yiinn siuawa~uEUE iayio io suontsodwoo axEw (9) ~o `pauopuaw uraiay uonE~ggo ~uE .~o; ~tiunoas lEUOplppE so iayio ~uE aseajai io axEi (S) `~Suadoid pa~E°uoj~ ayi ;o gE io uotuod `jaoiEd ~fuE `uondo s,aa~Eoa.royy iE awn ~SuE iE pa~anuooai ~o pasEaiai aq of asnEO .~o `~tanuooa~ ~o asEaTal (b) `saoua~jt~put iayio iuE~S (£) `uonE~iigo yans ~uE ;o suuai aye }o ~tuE lair io ~iunlEw ayl puaixa (z) `ajgEtj os uosiad ~uE asEajai (T) aonou inoyitnn puE awn of awn wok ~Ew aa~Eouoj~ `suopE~rjgo piEdun jjE;o iunowE jin; ayl io; ~tipnaas sE pasEajai aio;oiaiayi io uayi iou ~tuadord ayi;o uotuod ~fuE uodn a8E8iloj~ sTyi ;o a~~Eya ~o uaij ayi Svt~aa;~ 3noyiu+~ puE `pauopuaw utaiay uonE~Rgo ~uE;o iuaw~tEd ayi io; ajq~ri uosiad .rayio ~tuE;o ~tiijigEr~ ayi ~unaa;~ inoyiiM ~+ ~ a gT•T •MEi ~tq paquosa~d aq ItEw 1o s[ se .~auuEw yons ut 10 `wreio yans io; ~tipnaas ~utni~ ascnn~ayio io pawiEjo )unowE ayi io; puoq E unoa ui Bunisodap • i • ,, other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor or of all or any part of the Mortgaged Property, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (c) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Mortgagor seeking any reorganization, dissolution or similar> relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator of Mortgagor or of all or any part of the Mortgaged Property, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Mortgagor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); or (d) Breach of covenants contained in paragraph 1.19-hereof; or (e) A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Mortgaged Property, or any judgment involving monetary damages shall be entered against Mortgagor which shall become a lien on the Mortgaged Property or any portion thereof or interest therein and such execution, attachment or similar process or judgment is not released, bonded, satisfied, vacated or stayed within sixty (60) days,after its entry or levy; or (f) There has :occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Loan Instruments.. 3.02 ~~seleration Unon Default. Additional Remedies. In the event of any event of default, Mortgagee may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become. due and payable without any presentment, demand, protest or notice of any kind. Thereafter Mortgagee may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Mortgaged Property, or any part thereof,.,. in its own name or in its own name, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Mortgaged Property, or any part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession of the Mortgaged Property, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less MORTGAGE - 9 costs and expenses of operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in such order as Mortgagee may determine. The entering upon. and taking.. possession of the Mortgaged Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Mortgaged Property or the collection, receipt and application of rents, issues or profits, Mortgagee shall 'be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default. (b) Commence an action to foreclose this Mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Exercise any other remedy available under applicable law. 3.03 Appointment of Receiver. If any event of default described in Section 3.01 above shall have occurred and be continuing, Mortgagee, as a matter of right and without notice to Mortgagor or anyone claiming under Mortgagor, and without regazd to the then value of the Mortgaged Property or the interest of Mortgagor therein, shall have the right to apply to any court having .jurisdiction to appoint a receiver or receivers of. the Mortgaged Property, and Mortgagor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Mortgagee in .case of entry as provided in subsection 3.02(a) and shall continue as such and exercise all such, powers until the date of confirmation of sale of the Mortgaged Property unless such receivership is sooner terminated. 3.04 Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or under any of the Loan Instruments or., other agreements or any laws now or .hereafter in force, notwithstanding some or all- of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the.. power of sale or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may in its absolute discretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Mortgagee or to which Mortgagee may be otherwise entitled, may be exercised, concurrently or independently, rom time to time and as often as may be deemed expedient by Mortgagee. MORTGAGE - 10 ,. 3.05 restoration of Former Positions. In case Mortgagee shall proceed to enforce any right under this Mortgage and the proceedings for enforcement thereof shall have been discontinued or abandoned for any reason, or shall have .been determined adversely to Mortgagee, then .and in every such case Mortgagee and Mortgagor shall, subject to any determination in such proceedings, severally and respectively be restored to their former positions and rights hereunder, and thereafter all rights and remedies and powers of Mortgagee shall continue as though no such proceeding had been taken. ARTICL,~ E IV. 4.01 Governing Law. This Mortgage shall be governed by the laws of the state of Idaho. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end, the provisions of such. Loan Instruments aze declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination ~is sought. I 4.02 NlortQa~or's tiyaiver of Rights. Mortgagor waives the benefit of all laws now existing or that hereafter may be enacted providing for (1) any appraisement before sale of any portion of the Mortgaged Property, and (2) all laws that may be hereafter enacted in any way extending the time for the enforcement of collection of the Note or the debt evidenced thereby or creating or extending a period of redemption from any sale made in collecting said debt. To the full extent Mortgagor may do so, Mortgagor agrees that Mortgagor will not at any time insist upon, plead, claim or take the benefit of advantage of any- law now or hereafter in force providing for any appraisement, valuation, stay, extension or redemption, and Mortgagor, for Mortgagor, ~vfortgagor's heirs, devisees, representatives, successors and assigns, and for any and all persons fiver claiming any interest in the Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, _appraisement, stay of execution, notice of election to mature or declaze due the whole of the secured indebtedness and marshaling in the event of foreclosure of the liens hereby created. If any law referred to in this section and now in force, of which Mortgagor, Mortgagor's heirs, devisees, representatives,. successors and assigns or other person might take advantage despite this section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this section. Mortgagor expressly waives and relinquishes any and all rights and remedies which Mortgagor may. have or be able to assert by reason of the laws of the state of Idaho pertaining to the rights and remedies of sureties. 4.03 Statements by Mortgagor. Mortgagor, within ten (10) days after being given notice by mail, will furnish to Mortgagee a written statement stating the unpaid principal of and interest on the Note and any other amounts secured by this Mortgage and stating whether any offset or defense exists against such principal and interest. 4.04 j'YQtices. Whenever Mortgagor or Mortgagee shall desire to give or serve any MORTGAGE - • notice, demand, request or other communication with respect to this Mortgage, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Mortgage. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. ~.OS ado .The captions or headings at the beginning of each section hereof aze for the convenience of the parties and are not a part of this Mortgage. 4.06 Invaliditv of Certain Provisions. If the lien of this Mortgage is invalid or unenforceable as to, any part of the debt, or if the lien is invalid or unenforceable as to any part of the Mortgaged Property, the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action' or procedure, shall be considered to have been first paid on and applied to. the full payment of that portion of the debt which is not secured or fully secured by the lien of this Mortgage. 4.07 Subrogation. To the extent that proceeds of the Note are used to pay any outstanding lien, charge or prior encumbrance against the Mortgaged Property, such proceeds have been or will be advanced by Mortgagee at Mortgagor's request and Mortgagee shall be subrogated to any and all rights and liens owed by any owner or holder of such outstanding liens, chazges and prior encumbrances, irrespective of whether said liens, charges or encumbrances are released. 4.08 Actions by ~fortg,ggee. If more than one party is named as. Mortgagee hereunder, any such party is empowered to exercise any right given to Mortgagee hereunder, without having to obtain the consent or joinder of any other party. IN tiVITNESS VVHTREOF, Mortgagor has executed this Mortgage as of the day and yeaz first hereinabove written. MARTY GOLDSMITH MORTGAGE - 12 ` I ' STATE OF IDAHO ) ss. County of Ada ) On this day of October, 1993, before me, a Notary Public in and for said State, personally appeared MARTY GOLDSMIk'TH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed. the same. IN ~S WHEREOF, I have, hereunto set my hand and affixed my official seal the day and year in this certificate fast above written. ------------------------------- Notary Public for Idaho Residing at .Boise, Idaho My Commission Expires: MORTGAGE - 13 r" ~ EDIT "A" NE'/• of the SE'/. and the N'/s of the N %: of the SE'/• of Section 19, Township 3 N~arth, Range 1 East, Boise Meridian, Ada County, Idaho, EXCLUDING a parcel of approximately 15.98 ages that, lies east and north of the Eight Mile Lateral and is otherwise bordered by the east and north boundaries of said property excluding however, Mortgagor's John Mc!]ermott's residence together with approximately 1 /2 acre of land surrounding said residence. The said 15.98 acres are depicted and noted as Lots 1 through 23,--Block 3 and Lots 1 through 1 Z, Block 1 and Lots 1 through 11, Block 5, together with the adjacent subdivision streets on the attached Preliminary Plat for Upland Meadows SubdJvision. Although the Preliminary Plat sets forth precise metes and bounds from which a legal description for the 15.98 acres could be generated, the parties acknowledge that until Setter completes his survey, the final precise legal description will not be ascertained. When the survey is completed, said legal description for the 15.98 acres referred to herein shall be inserted as Exhibit "A" and in place hereof. maintenance Together with .an easement for the construction and of a sanitary sewer mainline and water mainline across a portion of the referenced. excluded 15.98 acres under any platted street to perrrait the mortgagee and its assigns to extend the sewer and water lines from the closest or the most convenient manhole connection on the referenced excluded 15.98'acre to the Eight Mile Lateral boundary of the referenced real property. The precise location of the centerline or reference line describing the sewer. and water easement .shall be established by mortgagor's engineer .and at mortgagor's cost and expense upon completion of the survey whereupon the resulting legal description for the sewer line easement shall be inserted herein. s/266 ' p O , • .' .. . = ti , .~ N ' w Y a i N 89'55'00` E 1301.27 71l,3'~ ..~:• Vii! 1 -.w. \ ! .1ptr!{C«, ~~. .-.r.._... .. ~ ,.ill ~. \ ' .~ 1• ~ ` V Z }i„ ~ • ., \ ,.,~ ~\ ~~ y`p \~ lqN~• ]y_~ i t SJ'I z iiw ~°\~ S ~• ~ ~Y 3 ~ ~ ~ pN 's • ,~, ` a' ~ a ~ e a rt "sue e tl •• - ~ toy b K +a ~ ~' \ . r ~, •\; _ '°_ . ,°r. a« ~ ~ ! ,Ir•ett,t s µ .ot.9cco sy s ~ ~ ~,~ ,~~,\ fir' .: ;'.y~ •' v.`a ; ; . , * • ~., , • M ,OO.SS.6Y' S P J !f '~ Y .Cp.OLIQ T \ ~~ ,~ r:~~K ~ ` o ~ + 1 i . .. ~ ~ •• r. ',.. ' ~ 1 N 89'SS'00' E 1301.27 ' ' A ~ N f ti A 1 .j N ~ s N > ~ . ~ .. , . l .. - ~ EYHIBIT "A" • "~ ~. NE'/4 of the SEY• and the N'/s of the N%z of the SE'/• of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, EXCLUDING a parcel of approximately 15.98 acres that lies east and north of the Eight Mile Lateral. and is otherwise .bordered by the east and north boundaries of said property excluding however, Mortgagor's John McDermott's residence together with approximately 1 /2 acre of land surroundin,p said residence. The said 15.98 acres are depicted and noted as Lots 1 through 23, Block 3 and Lots 1 through 12, Block 1 and Lots 1 through 11, Block 5, together with the adjacent subdivision streets on the attached Preliminary Pla for Upland Meadows Subdivision. Although the Preliminary Plat sets forth precise metes and: bounds from which a legal description for the 15.98- acres could be generated, the parties acknowledge that until Seller completes his survey, the final. precise legal description will not be ascertained. When the survey is completed, said legal description for the 15.98 acres referred to herein shall be inserted as Exhibit "A" and in place heyeof. Together with a temporary easement for the construction of a sanitary sewer mainline and water mainline across a portion of the referenced excluded 15.98 acres under any platted street to permit the mortgagee and its assigns to extend the sewer and water lines from the closest or themost convenient manhole connection on the referenced excluded 15.98 acres to the.Eight Mile Latefal boundary of the referenced real property. The precise location of the centerline or reference line describing the sewer and water easement .shall be established by mortgagor's engineer and at mortgagor's cost and expense upon completion of the survey whereupon the resulting legal description for the sewer line easement shawl be inserted herein. s/266 Attachment C