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HomeMy WebLinkAboutDevlin Place FPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN BEONTLEYEE C GLENN R . 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 9, 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Final Piat for Devlin Place Subdivision BY: D. W. Inc. LOCATION OF PROPERTY OR PROJECT: N. of Cherry lane, S. of Chateau between Sunnvbrook Farms and Sunburst Subdivisions JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: f - • • ~~ ~' 9 - ~ REGIUEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request far preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission rill hear the request at the monthly meeting f ollowing the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Devlin Place Subdivision 1. Name of Annexation and Subdivision, No. of Cherr Lane, South of Chateau between 2. General Location, Sunnybrook Farms and Sunburst Subdivision 3. Owners oft1 record, D.I~J. , Inc. (option to purchase) 6oise,~Jldahoe onnet t. 83713 939-2626 Address, ,tip Telephone 4. Applicant, same Address, sane 5. Engineer, Gary A. Lee, P.E./L.S. Firm J-U-E ENGTr.IFFPC_ rnc_ 250 S. gg e hwood #201 Address g01 se, Ieda~io , Zip 83709 ?'elephone 376-7330 tyy bill gs: Name D•~~J• ~ InC. 6. Name and address to rle3~~~~1e ~ueDOnnet Gt. Address 3oise, Idaho 33713 Telephone 939"2626 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 12.22 2. Number of lots 39 SFR + 2 storm drain + 1 coru~on pathway 3.19 3. Lots per acre 4. Density per acre 3.19 SFR/Acre 5. Zoning Classificationts~ R-4 • • ,~ 6. If the proposed subdivision is outside the Meridian City Limi-ts but within the jurisdictia al. ile hat is the existing zoning classification ~n c~~Y - ~-~ zone 7. Does the plat border a potential green belt NO fi. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City Yes Explain pathway to park Yes 10. Are there~wgr~~~~ purposeigs~orlmO1~rainf lc~~s ~Qur's areas? Explain one pedestrian pathway 1 of For future parks? No Explain in er, eri ian ~~ e 11. What school (s ) service the area & Hi gh School do you propose any agreements for future school sites o Explain 12. Other proposed amenities to the City domestic Water Supply fire hydrant Fire Department Other _ city sewer ~ pressure irrigation . Explain L'3. Type of Buildingesldent aQntial, Commercial, Industrial ur combination) R I 14. Type of Drrellingts) Single Family. Duplexes, Multiplexes. other Si n 1 e-farm 1 15. Proposed Development features: a. Minimum square footage of lot (s) , 8,000 SF 1,400 SF b. Minimum square footage of structurets) c. Are garages provides for, YY~_square footagej(l0± d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe storm ponds to be landscaped (2) ~ ~ ~ 1 f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for Yes - Dart of P.1. ~y~~t h. Are there multiple units No Type remarks i. Are there special set back requirements No Explain ~. Has off street parking been provided for Yes . Explain Garages and driveways k. Value range of property 590 OCO - 5140 000 1. Type of f financing for development Conventional , VA, FHA Yes 05/09/97 m. Protective covenants were submitted .Date No 16. Does the proposal land lock other property Does it create Enclaves r'0 STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as •required Dy Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development rill connect to City services. ~. Development will comply with City Ordinances. 5. Preliminary Plat will include ell appropriate easements. 6. Street names must not conflict with City grid system. t3) l • • J-U-B ENGINEERS, inc. ~~ . ~ . ~ , ENGINEERS • SURVEYORS • PL4~NNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 AUgUSt 4, 1997 FAX: 208-323-9336 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: DEVLIN PLACE SUBDIVISION N0. 1 FINAL PLAT (D.W., Inc.) Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above-referenced subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100'. 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $430.00 for the Final Plat application fee from D.W., Inc. 6. A copy of a Purchase and Sale Agreement showing that D.W., Inc., has a vested interest in the property. 7. 4 sets of Improvement Plans, Sheets 1 through 17, dated July 31, 1.997. 8. A copy of the Ada County Evaluation Sheet approving the public street names. Also, per City requirements, on behalf of the developer, D.W., Inc., we wish to make a Statement of Compliance as follows: 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinances. The City Engineer will determine dimensions. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. This development wilt connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. ~s T~ r~ • • ~~-u-s Engineers Surveyors. Planners Mr. Will Berg, City Clerk August 4, 1997 Page 2 Please review the enclosed information and schedule for the next available City Council Meeting. Also, Improvement Plans are included for review by the Public Works Department. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~~ R. Scott Stanfield, E.I.T. Assistant Engineer RSS:Ihc Enclosures cc: Gary A. Lee, P.E./L.S., and Project Manager D.W., Inc. f:\projects\11298\cityltr3.doc 3NVl Aaa3H~ 1S3M LI ,Bf'fSeL YZ9BL098 ON l4d0 1 '9LfL SNlavae ~o slsva~,~, M~~~,'~ L ~oN s"Ra°$e ~obax' rx'~ns aaurlaNn (1 N3Wf1NOW LNIOd 1VI11N I) ~ O NIN NI03B 10 LNIOd lY3ll 0 £ Z t I I '1S Nv`JIH ~ s I z £ C S y zl 0 g OJ ~ 9 8 I DI ti L ~ 1 L A y I ^' 0 IQNtlN~M I~ e I u Ol 5 I ~ \ ZL I 8 6 L OL £l I '1JI NI1SIaN 'M ; ,gyp p 4 L ~7a D Ip 8 S 4 a I~ sl l Z £ ~9l I I ti '1S ll3NVf 'M I LL ~~ 14 S 8 I Q I 8L °v ~~ ~0 £ .~ L 6l ~ I 4 Z 'aa nvalvHO M 03LLV1aNn s/LM?. ~i~ I C b ~ ~~^o oy~ ~ ~ `~'O- W h ~of~~ m ~ I v ~ ~ ~ rn~m$ ~~ o° `~ Z 0 o'w~n O m oym O A rn ~ 'N ~z ON l4a0 l ~ _ s Z I I ~ I ; I ~~ I A A p I I b I ? =I s 21 F# I nl I ~i N~ I 'n~ Di N~ I t VT I N m I I I ~ I I I j I I I I i ' s' f6 I I I ~p J ssb - ag V C r H ~ a M fTl U ~r Z S~ ~ (~ ~ t~7 y W c.+ ~ g ~~~s~m ~ (0(~~~_N J ~ a ~ Z = ~? I-y ~ ~ ~./ ~ ~ > 1---0 ~~C IH D ~ ~ ~ N O O z ~~~ ~ _ x • • COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ALTORs wwt wa~w THIS OFFER SUPERCEDES>RREVIOUS OFFER DATED MARCH 8, 1997 ~*~~~*~ -# 0 212 0 5 ~~ Boise .Idaho Anri 1 1 . ~ s 97 REPRESENTATION CONFIRMATION: In this tnansaction, the brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or 'limited dual agent'1: Listing broker acted as ainl_ nOn-agent For the Buyer. Sel4ng broker acted as aln) agen For the Buyer. In this transaction, the brokerage(s) involve had the following relationship(s) with the SELLER ("agent or 'ngnagenY or `limited dual agent"-: Listing broker acted as aln-_ agen For the Seller. Selling broker acted as alnl nOn-agen ~ For the Seller. Each party signing this do t~ment .ponfirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the relationship confined above. In addition, each party confirms ;list the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' ANO IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. gVY~; Daniel A. Wood or D.W., Inc. **Buyer is a icense rea es a e agen n e a e o a o an c property for~.personal gain*** (hereinafter called 'Buyer') agrees to purchase and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "Property." P~~~~Y~e~t~S~So~ LF~GAL DESCRIPT141~ Tree Prope~t commgnl kno n as_ .Approximately. 12 acres o e propo se res i ge ire , n~ . ~"ac ~ T'TZy~PrCfi~P'p'y-CaTI~~~'TaTa legally described as: PRICE/TERMS: To I Purc as Pric .a ~ ~ , en 0 0 Dollars (S - • - . 1. a1 Ysee be OW cash down payment, including Earnest Mone deposit. e b S BU er and Se l I er ) Bal ~ nce of the purchase price to be paid as folio s: ~ ~ a_~ree~ a su sec proper y is we ve 12 acres. Agreed purchase pr ce .per acre and ~p~~ice s a e a bus a accor ing y p us or minus s ou survey vary rom e ag~reed u ~on.~:.._.ive (12) acres. ' - a er to arm s uyer a survey o ~s parce w~ in i :wo week an~T~fi s o ~ accep i s o er . 5.EARNEST MONEY: al Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of Five Thousand and No/100 Dollars 1S5 ~ O~Q . ~0 1. Evidenced by : ^ Cash ®Check ^ Cashier's Check ^ Note of b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by Pioneer 1 e ompanY for the benefit of the parties hereto. INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dishlesl and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbery, water heating apparatus ar+~'~~cturns. attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges Ibut excepting al:. Stier ra~~yes1, fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. Other items specifically included in this sale• n/ a Items specifically excluded in this sale: _ n d ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: ~ _ _ _ _ ~ ~ _ _ ,_ _ ~ _ ~ ~ _ ._ ~ . _ ~ gayer will have anal see a en Um to satisfy or waive all conditions and/or contingencies. TIRE COMPANY/CLOSING AGENCY: a) The parties agree that Oneer Title Company shall provide any required Title Policy and preliminary report of commitment. bl The Closing Agency for this transaction shall be Pioneer Ti tl e Each party agrees to pay. one-half of the Closing Agency's fee. TITLE IN$URANCE~_ $el ~?r to pay for a standard Owner's or Purchaser's Title Policy premium in this I[ I~ :~~:'a 112. 113. 14. 15. 16. 17. Jl 18. 19. 20. 21. 22. 23. )PERTY ADDRESS: t~ be attached by Seller ID# 0 212 0 5 ESCROW/COLLECTION: If a long-term escrow/collection is involved, then the escrow/collection holder shall be n/ a Each party agrees to pay one-half of escrow/collection fees. CLOSWG DATE: On or before the closing date, Buyer and Seller sh I deposit ith the Closing Agency all funds and instruments necessary to corrrplete the sale. The closing date shall be no later_than (see a~dendum~ "Closing Date" means the date on which all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. POSSESSION/PROBATION: Buyer shall be entitled to possession on the day of closing or C1 OS1 nq Taxes and water assessments (using the last available assessment as a basis), rents, insurance pr iurgs, interest and reserve on liens, erxxunbrances or obligations assumed and utilities. shall be prorated as of the day of closing or C IOS1 ng Any tenant deposits held ~y Seiler shall be credited to Buyer at closing. DEFAULT: If Buver defauhs in the performance of this Agreement, Seller has the option: 111 accepting the Eamast Money as liquidated damages or l2) pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under 111, Seller shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, Inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Seller's Broker, provided that the amount to be paid to Seller's Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically acknowledge and agree that if Seller elects to accept the Earnest Money as iiquidated damages, such shall be Seller's sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If Seller elects to proceed under (21, the holder of the Earnest Money shall be entitled to pay the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. jf Seller defaults, having approved said sale and fails to consummate the same as herein agreed, Buyer's Earnest Money deposit shall be returned to him/her and Seller shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Seller agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, •unless mutual written Instructions are received by the holder of "the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at &oker's or closing agency's option and sole discretion, may interplead all parties and deposk any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. TIT'iE GONVEYPNCE: Title of Seller is to be conveyed by warranty deed or deed, and is to be marketable and ~.:curanie except for rights reserved in federal patents, building or use restrictions, building and zoning regulations and ordinances of ary governmental unit, rights of way and easements established or of record and any other liens, encumbrances or defects approved by Buyer. iRISK GF LOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing by Agreement, this Agreement shall be voidable at the option of Buyer. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as is condition, where is, with all faults. Buyer will assume all obligations with respect to the Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear excepted, and loss by casualty. The heating, ventil~t:ng, air conditioning, plumbing, elevators, loading doors and electrical systems shall be in present operating order and condition at the time of closing, unless otherwise agreed to in writing. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or Broker's representatives or by Seller which are not herein expressed. Buyer has entered into this Agreement relying upon information and knowledge obtained from Buyer's own investigation or personal inspection of the Property. ADDITIONO! PROM=SI011115: Additional provisions of this Real Estate Purchase and Sale Agreement, if any, are attached hereto by an Addendum consisting of ~ pagelsl. NOTARY PUBLIC: It is recommended signatures be notarized with a notary statement attached hereto. ENTIRE AGREEMENT: •This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties and no warranties, including any warranty of habitability, Agreen:t.its or representations have been made or shall be binding upon either party unless herein set forth. TIME IS OF THE ESSENCE IN THIS AGREEMENT. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) Apri 1 4th, 19~ (Time) 5 : QO p • m If Seller does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. I24. OTHER TERMS: and, if ao env fencing along common property lines n irrigation pump station. ®SEE ATTACHED BUYCR'S ADDENDUMIS): 1 (Specify number of Buyer Addendumis) attached.) Buyer and Seller acknowledge receipt of copy of this page, which constitutes Pags 2 of 2 Pages. c \ ` Buyer Signature ~ v Buyer Signature per If?rinlt~~l~mtl~ a 00 nC . Buyer (Print Name) .te H Time • i11 • • •Phone 8 Date Time Phone Af Address 1 Ue Onne _ Address City State Zip 3~- City State Zip On this date, I/V1/e hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the ~a~~ of ':I+s Seller. I/We further.acknowledge receipt of a L?S~e- :may cf tfxie A,,,,^~ra~rr~nt ei~riud foy born parties. c~.,ar o. sti~~~~,, ~.~. CITY OF MERIDIAN Ma~~,k PIiBLIC Works Diizr:croii PjJ$L,IC WORKS /BUILDING DEPARTMENT Roisi:kr ~. CokkiF E3K,a~> R. W.arsoti~. P.E. Co~;~cti MFMf3ERS Crrv Ev<,iu~-:F:k Kf-:rrH Bike TAMMY DF. WEERD CHERIh. MCCANDLESS Wu.i.iaM L.M. N.atzY July 16, 2002 Dan Wood, President D W Inc 13141 W Bluebonnet Court Boise ID 83713 RE: DEVLIN PLACE #2 Sewer & Water Construction .i v L. 2 :J 2~~2 CITY OF ~/IERIQIA~ ~,ITv C FRK nF~1%`,f- Dear Dan; The Meridian City Water Superintendent and Sewer Inspector advise me that the installation of this subdivisions sanitary sewer and domestic water systems have been satisfactorily completed in accordance with the approved plans. These systems have passed the required tests, in accordance with City Standards, and are hereby accepted by the City for ownership and maintenance. In accordance with present City policy, the installation and materials of the sewer and domestic water systems are to be warranted against defect by the contractor for a period of one year from the date of this letter. Sincerely, ~,~~ ~~- Brad Watson, P.E. City Engineer cc. File City Clerk J. Shawcroft C. Hudson .IUB Engineers, Inc DEQ 660 E. Watertower Ln., Suite 200 Meridian, [daho 836~t2 Public Works (208) 898-5500 Building (208) 887-?? I I Fax (208) 887-1297 ' l~ RECORDED-REQUEST OF ' s ~ ~ ~ AIIA CGUfoTY RECORDER ~ ~~ _ J.Jl~Vip NAVARRO sOiSE. IDAHO FE DEPUTY 19~3~P-5 Pl~i I~C~ 98~J3 I DSO DEVELOPMENT' AGREEMENT THIS AGREEMENT, made and entered into this .10th day of March 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and D.D. & F.. an Oregon general partnershi of the second part, hereinafter called the "DEVELOPER,,, whose address is 501 SE Columbia Shores Boulevard, Suite 300, Vancouver, Washington 98661. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WI~REAS, the State of Idaho legislature, in 1991, passed I aho C de, 67-6511A, Development Agreements, which provides that cities may enter Imo development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development agreements upon the-rezoning of land; and WHEREAS, the DEVELOPER has submitted an application zoning of that certain property described in Exhibit "A", and of the 24.88 acres total, has requested zoning of L-O for 8.05 acres, with the rest of 16.83 .acres to remain zoned R-4; and WHEREAS, the DEVELOPER has consented to the submittal of preliminary and final plat applications for 12.23 acres of the parcel for development as asingle-family residential subdivision to be known as Devlin Place Subdivision which has been approved with conditions outlined by City staff and various agencies, as approved by the City Council on March 3, 1998; and WHEREAS, the DEVELOPER made some representations at public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what improvements would be made; and . WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT page 8 WHEREAS, the DEVELOPER, as sole owner of said land, has requested a Conditional Use Permit for the development of a 44-unit assisted living facility, with 16 units of Alzheimer's care; ten garden apartments; atwo-story, 106-suite retirement complex; and a city park. DEVELOPER has submitted to the CITY site plans as to how the property might be .platted, landscaped, bermed, lighted, access provided, and elevations. . . WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. . NOW, THEREFORE, TT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this ageement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land, descn~ed in Exhibit "A": a. Develop and construct an assisted living facility and senior housing on 8.05 acres of the property. b. -Submit to the CITY applications for conditional use, and obtain the CTTY's approval thereof, prior to, and as a condition o~ the commencement of construction of any building(s) or improvements on the property, intended for senior housing or other uses. c. Develop and construct single-family residential units on 12.23 acres of the property and dedicate 4.6 acres of laud for a City park on the Subject Property as presented to the CITY. d. Submit a .subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development. e. The DEVELOPER or its successor shall only construct single-family houses on the 12.23 acres of land, and a'1 such single-family houses shall have at least one thousand four hundred 1 400) sr,,uaze feet of floor space, exclusive of garages, and there shall 'be no change tc increase the number of lots or decrease the size of lots as PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT pie 2 • • shown on the approved final plat, which is incorporated herein as if set forth in full herein. 3 • That the property zoned R=4 shall have lot sizes of at least eight thousand (8.000) square feet, winch is the size represented at the City hearings, 'and shall meet all of the requirements of the R=4 zone and allow no duplex units, townhouses, or patio homes to be constructed on said property. 4. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of Improvement Plans "Improvement Plans" showing all streets, errtry drives entering the property from a public right-of--way, utilities, pressurized irrigation facilities, tiling and piping of ditches, fire hydrants, sewer, water, drainage, street and other similaz signing and ban icades, and other such improvements contemplated within the developmerrt, which Plans and all .improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans aze incorporated herein and made a part hereof by reference. It is agreed that the improvements to be constructed and installed which are located wholly within the boundaries of the lot ~ successor owners Improvements") aze subject to the terms of this Develo ment A ereafter "On-Site be subject to approval by the CITY in the normal course of the CTTY's issuance of a conditional use or other permit and building pemut for the construction of a building on such separate lot, with the CTf Y's remedy for failure to consq~uct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or nrterfere with the issuance of a building penmit or a Certificate of Occupancy with respect to airy other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the approvals granted for that lot by the CITY and/or the plans approved by the CITY for the building constructed thereon. . 5. That DEVELOPER will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, Pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, tiling and i in of irrigation ditches, electrical transmission lines, natural p.p g gas lines, telephone lines, cross drain, streets, street Stufacin8, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. 6. That DEVELOPER will construct and install all such improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Standazd Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page93 . • 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or .portions, of said improvements he intends to complete and the time schedule therefor, and agrees to make such modifications and/or construct any temporary facilities necessitated. by such phased construction -work as shall be required and approved by the City Engineer. 8. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans. The Improvement Plans of the proposed. improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility. lines, and pressurized irrigation lines and. their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Lnprovement Plans shall include a' "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 9. That DEVELOPER will, immediately upon the completion of arry such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvemerns or portion thereof. 10. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official narrates of the proceedings of the City Counal, that a portion, or portions, or the entirety of said improvements need to be completed in the irrterest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed inrprovemerns, or, if he does-not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regulaz or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of arch meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding, 11. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that arty of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of arry ertifi s of ccu ancy within such area and/or shall have the right to withhold the providing of culinary water service to any part, pazcel, or portion of such annexed aura urnil such time as all requirements specified herein have been complied arith; provided, however, the DEVELOPER shall have the right to appeaz before the City Council at 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • any regular meeting after arty Certificate of Occupancy or any water service shall have been withheld for reasons. set forth in thisparagraph, and shall have the right to be heazd as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 12. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to arty lot within the property until the same is provided by the DEVELOPER Said improvements shall include, but not be limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 13. That DEVELOPER agrees that no Certificates of Occu.~ancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in arty event, no Certificates of Occ~ancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exlu'bit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire pazcel prior to arty construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: DEVELOPER: City Attorney D.D. & F. c/o Brad Zuke City of Meridian 501 SE Columbia Shores Blvd Suite 300 33 East Idaho Vancouver. WA 98661 Meridian, ID 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this Section. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the 3/b/98 PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • parties hereto. Nothing herein in intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 16. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land .and shall be binding upon DEVELOPER's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: D.D. & F. B ~! s~~G•~~' Y• Name: P ' G. Fo Title: Managing General artner (SEAL) CITY OF MERIDIAN By. D. Come, Mayor 1~\` ~ '`''~~j ,~. ~ B •~ - /~ (SEAL) ~illiam G. Berg, Jr., City - SF~L ' ,~~ ` ? ~ f 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • STATE OF Cc~aa-~~-y ) ss. County of _ (~~~ ) On this ~_ day of ~C.ck.-e.GL_ , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Philip G. Fogg ,known, or proved to me, to be the Managing General Partner of D.D. & F., an Oregon general partnership, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ~~_.. Il~;WITNES~3 WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in~tkis certificate first above written. r; t ..^ L~Y,i d, °•, y ~~l .tea ~ ~~ - ' . •FJJ i` t~ 1.~ ~ i a'~ ~ ~~ ~ ~'_' ~F` ~ Notary Public for , . ~,y~~ ~ ~'= % ~ Residing at: %~ ) 3r.~ ` ,~ My Commission Expires: /- .S- ~ i .,;. - , ~ ; .; . ;, STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ~ 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrumern and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereurno set my hand and affixed my official seal, the day and year in this certificate first above written. i ~ ~°~ (~~TqR Y ~ ,* ~ .~. ~. ~°UBLZG Notary ~bh'c j~f Residing at: My Commission .f da,I~o ~~ ~~~w~~ ~'••. Tg OF ~~ 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 i • EXHIBIT A The Iaad referred to in this Development Agreement is described as follows: BEGINNING AT THE SOUTHWEST CORNEA OF THE EAST 1 /2 OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO. WHICH POINT IS THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREE 55' WEST 2659.7 FEET ALONG THE WESTERN BOUNDARY TO SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT ON THE NORTHERN BOUNDARY OF SAID SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 39' EAST 414.73 FEE!-ALONG SAID NORTHERN BOUNDARY TO A POINT; THENCE SOUTH 0 OEGAEE 56' EAST 2662,2 FEET ALONG A UNE PARAU.ELTO SAID WEAN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTI-iWESl' pUARTER OF SAIp SECTION 2 TO A POINT ON THE SOUTHERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE WESTERLY 4i 4.73 FEET ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO THE REAL POINT OF BEGINNING. EaCCEPTTHE SOUTH 25 FEET THEREOF. AND EXCEPTING THAT PORTION. DEED®TO THE ADA COUNTY HIGHWAY DISTRICT, BY DEED, RECORDED FEBRUARY 14, 1994 AS INSTRUMENT NO: 94013826. END OF LEGAL DESCAiPTiON C~ • .EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND D.D. & F. The DEVELOPER shall comply with the following conditions, including, but not limited: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517; 3. A determination of the seasonal high groundwater elevation shall be made, and a profile of the subsurface soil conditions as prepared by a soil scientist shall be submitted with the development plans; 4. Fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies shall be coordinated and locations shall be depicted on development plans; 5. Handicap pazking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; b. Signage shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance and is subject to review and approval of the Planning & Zoning Department prior to obtaining a sign permit; 7. Screened trash enclosures will be provided in accordance with City Ordinance, with dumpsters at locations to not impede firefighters' access coordinated with the City's solid waste contractor, Sanitary Services, Inc.; 8. All driveway and parking areas shall be paved, with all driveway accesses from public streets approved by the Ada. County Highway District and all other driveways approved by the City; 9. A drainage plan designed by a State of Idaho licensed azchitect or engineer shall be submitted to the. City Engineer (Ord. 557, 10-1-91) for all off-street pazking. azeas, with all site drainage contained and disposed of on-site; 3/b/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 r i 10. Filling of the site shall be completed, if needed, to meet the City's minimum design criteria for sewer line construction; 11. Approval of this development is contingent upon the CITY's ability to accept the additional sanitary sewage generated based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; 12. The designer of the development shall coordinate water and sewer main and line sizing and routing with the Meridian Public Works Department; 13. If the DEVELOPER desires the CITY to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the CITY; 14. The DEVELOPER shall install the water mains and fire hydrants and then dedicate to the CITY for ownership and maintenance, with easements dedicated to the CITY; 15. The DEVELOPER shall provide parking lot lighting plans to the Meridian Public Works Department and design illumination to not cause glare or adversely impact neighboring residential properties, as determined by the CITY; 16. The DEVELOPER shall provide landscaping, with underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1, 500 square feet of asphalt and a minimum 35-foot landscape setback on Cherry Lane, to meet the requiremerns of Ordinance Section 11-2-414.D.2 and requirements of approved conditional use permit; 17. DEVELOPER shall construct and install a pressurized irrigation system utilizing surface irrigation water, and any proposal for a supplementary connection from the CTTY's water system will be reviewed closely by the CITY; 18. For each phase of the development, DEVELOPER shall :install six-foot-high, permanent perimeter fencing prior to obtainng building permits unless this requirement is specifically waived in writing by the City. 19. DEVELOPER shall incorporate special design features to ensure privacy of adjacent residential azeas; 20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire lane on the east side of the project to the meandering sidewalk shown to the south. 21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the entire pazcel prior to obtaining building permits; 22. DEVELOPER shall construct full street section of Chateau Drive to complete the connection from Ten Mile R gad; 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 10 • 23. DEVELOPER shall construct curbs, gutters, sidewalks and streets to and within the property; 24. DEVELOPER shall pay any development; latecomer, impact or transfer fees adopted by the CITY; 25. DEVELOPER shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, and Fire and Life Safety Codes; 26. DEVELOPER shall meet all representations made by the applicant during the public hearing process; and 27. DEVELOPER shall comply with the comments, recommendations and requirements of all City departments, Ada County Highway District, Ada Planning Association, Central District Health Department, Nampa-Meridian. Irrigation District, and Settler's Irrigation District. 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 11 • ,~ June 15, 2001 MERIDIAN CITY COUNCIL MEETING June 19, 2001 FP 01-010 APPLICANT J-U-B Engineers, InC. ITEM NO. ~j REQUEST Request for Final Plat approval of 16 building lots and 4 other lots onm 5.17 acres in an R-4 zone for Devlin Place Subdivision No. 2 -north of Cherry Lane and south of Devlin No y AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: No Remarks CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~~,(,~ C~~~ ~-t I'`~ ' ~/ I Date: ~ ~ S (~' Phone: ~j~~p ~'~j~j (~ Materials presented at public meetings shall become property of the City of Mertdicn. ~. .~.1•tl-B~ .; .~ ~ ,. ip~ipeers Surveyors Planners /' N, , Project: 11311 Date: June 18, 1997 Revised: September 5, 1997 PARCEL 3 LAND SITUATED tN ADA COUNTY AlI that certain real property situated in Section 2, T.3N, R.1W., B.M. Ada County, Idaho, described as follows: A portion of the W 1 /2 of the E1/2 of the SW i /4 as shown on Record of Survey No. 3916 filed as Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as follows: Commencing at a found brass Cap Monument marking the SW corner of Section 2 from which a found Brass Cap Monument marking the 1 /4 corner of Sections 2 and 11 beats South 88°38'31" East, 2,653.49 feet; thence South 88°38'31" East 1,326.75 feet to a set 5/8-inch Iron pin with cap Stamped "G. A. Lee, O PE/l.5 3260", marking the W 1 / 16 corner and the Southeast corner of Sunburst Subdivision No. Z as filed in Bvok 60 of Plats, page 5894, Ada County Records; thence along the West 1116 line and East boundary line of said Sunburst Subdivision No. Z and the East boundary Iine of Sunburst Subdivision No. 4 as filed in Book 6~ of Plat§, page 6217, Ada County Records, and the East boundary line of Kent Field Manor as filed in Book 68 of Plats, page,6913, Ada County Records, North 00°17'24" East, 2,144.15 feet to a found t /2-inch Iron pin with cap stamped ((JJ "LS 4931" on the North right-of-way of West Chateau Drive, marking the Southwest corner of Parcel 3 and the REAL POINT OF BEGINNING, thence continuing along said West 1 /16 line and said East boundary line of KenE Field Manor North 00°17'24" East. 511.98 feet to a found 518-Inch iron pin with cap stamped "LS 4931" marking the CW 1/16 corner and the Northwest corner of said Parce[ 3: thence along the 1 /4 Section line South 89°12'32" East, 414.67 Feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" marking the Northwest corner of Sunny Brook Farms No. 4 as filed Book 53 of Plats, page 4682, Ada County Records, and the Northeast corner of Parcel 3; thence along the West boundary tine of Bald Sunny Brook Farms No. d, South 00°17'Id" West, 469.23 feet to found 1 /2-inch Iron pin with no cap on the North right-oF-way of West Chateau Drive marking the Southeast corner of said Parcel 3; thence South 88°34'15" West, t00.00 feet to set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"; thence North 89°42'36" West, 106.37 feet to a set 5/8-inch iron pin With cap stamped "G. A. Lee, PE/L5 3260"; thence along a tangent curve to the left with delta 19°59'16", radius 330.00 feet, tangent length 58.15 feet. arc tenstth 1 f 5.17. feet Tnd clrord bearing South 80°17'46`' West, 114.54 feet to a set 5/8-Inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" and marking a point of reverse curvature; '' (n ` "J l ,~ ~~ l JUL 16 '98 13 54 208 344 1x95 PAGE.03 1 s, '' J '6ngineers ~'Y4~X~~ Planners Parcel 3 ' June 18. 1997 Revised September 5, 1997 Page Z thence along said reverse curve with delta 20°40'29", radius 270.00 feet, tangent length 49.25 feet, arc length 97.43 feet, and chord bearing South 80°38'23" West 96.90 feet tv found 1 /2-inch iron pin with cap stamped "t5 4931" marking the Southwest corner of said Parcel 3 and REA<_ POIMT OF BEGINNING; Said parcel contains 4.60 acres, more or less. SUBJECT T0: Atl existing easements and road rights-of-way of record or appearing on the above-described pace! of land. r p Prepared by: J-U-B ENGINEERS, Inc. GAl.:ckc Gary A. Lee, P.E.lt..5. n lJ F:1pro)ects11131 fladmin\Revised Parcet 3 JUL 16 '98 13 54 208 344 1495 3 I PAGE.04 `!sT •vf.A ~ ~ 4 ~~, • WA,FCR.AN'~'X DEED For Value Received DD. & F, an Oregon General Partnership, hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto City of Meridian, a municipal corporation hereinafter referred to as Grantee, whose current address is the following desvibcd premises, to-wit: See attached legal description as Fathibit'A" attached herein and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Cnan[or is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and accept U.S. Pat~at reservations, restrictions, easaaeats of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: July 15, i99R. D. D. Rt F., an Oregon General Paztnership STATE OF ) as. COUNTY OF ) On This _ day of July, in the year 1998, before me, a Notary Public in and for said Sta[o, personally appeared Phillip G. Frog, knows or identified to me to be one of the partners in the partnership of D. D. & F, as Oregon General Paztncrship, sad the partner or one of the partaen who subscribed said partnership name to the foregoing inetrumeat, and acknowledged tome that he executed the same is said partnership name. Notary Public of Residing at Commission expires: First American Title Company of Idaho JUl_ 16 ' 98 13: 53 208 344 1495 PAGE.02 p S T ~ M[ q~ r , 4 2 \~~ ~//v For Value Received WARRANTY DEED D.D. & F., an Oregon General Partnership, hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto City of Meridian, a municipal corporation hereinafter referred to as Grantee, whose current address is the following described premises, to-wit: See attached legal description as Exhibit "A" attached herein and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor-does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: July 15, 1998. ll~Jr~ CCIUIlTY RcCOR~JCR D. D. & F Oregon Ge rtnership , ~pylC `~~~ygRRO BC~1SE. IUAHCI By: f998 JL 22 P~1 ~!~ ~~ RECOROEO-REOU ST OF i FEE 'Obp~ w.~.-- 98070489 p~lEFt~~At~ TmE co, STATE OF ~~~- ~/2.~ ` ) ss. COUNTY OF ~QC~.~/`~~ ) ~-' On Thisp~/ day of July, in the year 1998, before me, a Notary Public in and for said State, personally ' appeared Phillip G. Fo~c~, Sr .identified to me to be one of the partners in the partnership of D. D. & F., an Oregon General Partnership, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he execu~,t~e. i the sa ~n sartnership name. LORI J. BUFFO NOTARY PUBLIC ary blic o STATE OF WASHINGTON Residi at + ~ ~ l UQ~ COMMISSION EXPIRES Co fission expires: v' JANUMY 20, 2002 • HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD January 28, 1999 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Devlin Place Subdivision LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-SS33 Street Lights have been installed by the developer in Devlin Place Subdivision. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The eight (8) street lights an Lot 5 Block 1 Lot 3 Block 2 Lot 8 Block 2 Lot 11 Block 2 Lot 17 Block 2 Lot 1 Block 3 Lot 4 Block 3 Lot 5 Block 4 located at: W. Higan Street & N. Man 0' War Ave. W. Higan Street W. Kandice Court W. Sandalwood Drive & N. Man O' War Ave. N. Man O' War Ave. & W. Janell Street W. Chateau Drive & Man O' War Ave. W. Janell Street W. Kristin Court See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely i~~~ William G. Berg, Jr. City Clerk WILL::M G. 13~~G, JR., Ciry Clerk JANICE L. SMITH, Ciry Treasurer GARY D. SMITH, P.E., Ciry Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION REcErvED JAN 2 7 1999 CITY OF 1~RIDIAN I have inspected d approved the electrical wiring and associated components for ~ street lights in ,~,,~.,~ ~/. ~~,.~~ .Idaho Power Co. can now proceed with the activation. or~n-~-~~ ~~~ Harold Hudson, Electrical Inspector COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: /-~->~7 C: \UFFICE\ W PW IMGENERAI.\F.LF.CINSP. 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'~ - o u N N o a ° U ~- o N a 0 0 ~ ~ o ~ ~ g ~ Y N N N N v .4i^ a C C C u _O ~~ o P EQ~ o ~ p O 01 C n I V o ~ =. N1 ~' 0 O u E 3 ~ ~ ~~^ (1 4 o g 4 > ~~ ~ ~ -°~ 3 i E 13 e u .. n' _ ~ ~ u u~ v " ~ I~ (v' U N O ~ 3 ~ `' I 'L c u N VI N N \4 o " 3 o I n u 0 O "1 ', S c t.1 a x ~ M I y ~ o ] ' ° ' o~ "~I O u ~ " j, 9 O pp O s II~~ F~ L L L p ~ ~ou Ennn + o O = a`<mIUUIn nN ~ ~ F \ O ELECTRICAL PERMIT Issued: / / F'erm it No : 14545 OWNER/AF'PLICANT------------------------P'ROP'ERTY LOCATION------------------------ D.W. INC I 1 DEVLIN PLACE 13144 W BLUEBONNETT CT 1 BOISE, ID 83713 I Lot: Block: Long Legal: 208/939-2E~26 1 Sub: DELVIN PLACE T: S: I Parc No: I CONTRACTOR-----------------------------DESIGNER--------------------------------- ALLOWAY ELECTRIC i 1420 GROVE ST. I BOISE, I D 837Q~2 I ~ 208/344-2507 I O~DO/4~@O-~DOOO I PROJECT INFO-------------------------------------------------------------------- Prj Value: 310, 14@.0~ I Temp Service: Prj Type: I Residential Service: Occ Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: 1 Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: IOther:STREETLIGHTS I PROJECT NOTES------------------------------------------------------------------- INSTALLATION OF 8-1@Q~ WATT STREETLIGHTS LS Bi; L3, L8, L11 L17 B2; L1, L4 B3; L8 B4 345-9844 PAYMENT DUE IN OUR OFFICE BY 2/5/9 PROJECT FEES ASSESSMENT------------------------------------------------------- Amount Paid: 30.00 TOTAL ELECTRICAL FEE: 371.50 Balance Due: 371.50 REcE~D JAN 2 5 1999 CITY OF MERIDIAN ~1 STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard, Boise, ID 83706-2239, (208) 373-0550 June 9, 1998 Dan Wood D.W. Inc. 13141 W. Bluebonnet Court Boise, ID 83713 RE: Devlin Place Subdivision (Meridian/Ada County ) Water and Sewer Lines E/2 of SW/4 Section 2, T3N, R1W, BM Dear Mr. Wood: ~ REc ~~D JUN 1 0 1998 CI~'I' C ~~' VI~R,IDIAN Philip E. Batt, Governor Your plans and specifications prepared by J-U-B Engineers appear to meet State of Idaho standards and are conditionally approved based on the conditions listed below. We recommend that the Central District Health Department lift sanitary restrictions. By copy of this letter to the City of Meridian, we advise that minor revisions have been made to the plans approved by the City. On Sheet 6, sewer manhole A-9 has been moved 10 feet to the east, and the profile has been revised to show additional cover over the water line. On Sheet 9, a note has been added to the profile regarding the crossing of the storm drain and water line at Station 18+39. On Sheet 13, a sewer service has been added to Lot 4 Block 4. STANDARD CONDITIONS: A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. Only one set of plans was submitted for review; if you need stamped copies, please provide additional sets. B. This approval will be void if: 1) construction is not completed by June 9, 1999; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. The City of Meridian Public Works Department shall provide construction inspection. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by your engineer in a cover letter submitted with the project record drawings. • • Dan Wood June 9, 1998 Page 2 D. Within thirty days after construction, J-U-B Engineers shall provide DEQ with either: 1) record drawings with a cover letter as described in Item C, or 2) a letter of certification that the project was installed with no deviations from the approved plans. PROJECT SPECIFIC CONDITIONS: A. As stated in the Ground Water Quality Rule, IDAPA 16.01.11 (1977), any activity with the potential to degrade the quality of an aquifer must be managed at least to maintain the existing ground water quality through the use of best management practices (BMPs), or best practical methods (BPMs) to the maximum extent practical (IDAPA 16.01.11.301). Your development, with the storm water runoff disposal proposed, could degrade ground water quality. Therefore, all storm water detention basins and appurtenant structures shall conform to the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties (issued by DEQ in August, 1997), or equivalent. B. If storm water will be discharged into the Davis Drain as the plans indicate, an NPDES permit is required from the Environmental Protection Agency (EPA). If the EPA cannot or does not issue such a permit, it will be necessary to comply with IDAPA 16.01.02.080. If you have any questions, please call me at 373-0252. Very best regards, Larry S. Peterson, P.E. Regional Manager -Engineering cc: Bill Freeman, DEQ-Boise Regional Office Tom Schmalz, Central District Health Department Gary Smith, City of Meridian Nickie Arnold, EPA-Boise Field Office Dowell Hansen, Ada County Highway District Scott Stanfield, J-U-B Engineers Source File #2, Devlin Place Subdivision Reading File • DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR DEVLIN PLACE SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for Devlin Place Subdivision is made effective as of the day of y 1998, by D.W. Inc., an Idaho corporation, (hereinafter "Grantor" or "Declarant") whose address is 13141 W. Bluebonnet Ct. Boise, Idaho 83713. ARTICLE 1: RECITALS 1.'f~ Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or "CC&R's") for Devlin Place Subdivision is that property in Ada County, State of Idaho, which is contained in Devlin Place Subdivision and legally described on Exhibit A attached hereto, together with any additions or annexations as may hereinafter be brought within the jurisdiction of these CC&R's and the Association. The "common area" lots contained in this Subdivision are set out in Paragraph 3.8 below. 1.2 Purpose of Declaration. Devlin Place Subdivision is a residential development, which Grantor intends to develop in accordance with governmental approvals. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes that will apply to the development and use of the Property. This Declaration is designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and any Improvements located thereon. ARTICLE 2: DECLARATION 2.1 Grantor Declaration. Grantor declares that all the Property shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each owner accepting a deed to any of the property agrees that DEVLIN PLACE SUBDIVISION CC&R'S Page 1 of 29 Y • these CC&R's are for the protection, maintenance, improvement and enhancement of th~~ Prcrpe~rty. 2.2 Runs With The Land. These CC&R's shall run with the land described on Exhibit A and shall be binding upon all persons with any right, title or interest in the land. They are for the benefit of all the property and bind all successors. 2.3 Enforcement. These CC&R's may be enforced by Grantor, any Class A Lot Owner or by the Association. 2.4 Grantor's Rights. Notwithstanding the foregoing, no ~rovision of .this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-may, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE 3: DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 "Devlin Place Subdivision" shall mean the Property described iri~ Exhibit A, (together with any future additions or annexations). 3.3 "Assessments" shall mean those payments required of Class A Owners and Association Members (excluding Declarant) and include but are not limited to all Assessments (whether regular, start-up, special or limited), late charges, attorneys' fees, interest, and other charges set out in these CC&R's. 3.4 "Association" shall mean Devlin Place Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho; its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized agents and representatives. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall not include any Common Area, any area dedicated to the public, or any lots deeded to an irrigation entity for an irrigation pump facility. 3.7 "By-laws" shall mean the By-laws of the Association (a copy of which is attached hereto as Exhibit B). DEVLIN PLACE SUBDIVISION CC&R'S Page 2 of 29 • 3.8 "Common Area" shall mean all lots of Devlin Place Subdivision that, are designated herein or on the Plat as private streets _or drives, common open space, common areas and common landscaped areas, including but not limited to, the following parcels which Declarant shall deed to the Devlin Place Neighborhood Association: Lot 1 Block 1 (Graveled pedestrian and bicycle pathway area; Nampa & Meridian maintenance easement area) Lot 19 Block 1 f Water detention and retention area; ACRD maintenance and easement area; Landscape area) ti Lot 10 Block 4 (Water detention and retention area; ACHD maintenance and easement area; Landscape area) Lot 2 Block 1 (Area for pump station. This lot shall be a common area lot until deeded to Nampa & ,~ Meridian Irrigation District for a pump station. Once deeded to NMID this lot shall be excluded from the effect of these CC&R's) The Association shall manage, maintain and operate these common area lots as provided in this Declaration. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean D.W. Inc. and any successor in interest, or zany person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. Grantor may also be referred to as the "Declarant": 3.11 "Improvement" shall mean any improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, driveways, landscaping, signs, lights, mail boxes, recreational facilities, and fixtures of any kind. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to 10% of the cost) incurred by the Grantor or the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 9.1.1 below.) 3.13 "Member" shall mean each person or entity holding a membership` in the Association. Members must be either a Class A Lot Owner or Grantor. DEVLIN PLACE SUBDIVISION CC&R'S Page 3 of 29 1 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, but excludes those having an interest merely as security for the performance of an obligation. A "Class A" Owner shall be any owner of a Building Lot other than Grantor. Los deeded to irrigation districts for pump stations are not Building Lots. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder. 3.17 "Property" shall mean all of the Property described herein including each lot or portion thereof, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the regular assessments assessed against all Class A Owners to defray the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs and expenses of the Association. 3.19 "Start-up Assessment" shall mean that initial fee payable to the Association to start-up the Association. This one time start-up fee is assessed against the buyer of each lot upon the first purchase of each lot. 3.20 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements 'or shortages in Regular Assessments. 3.21 "Transfer ~ecial Assessment" shall mean that transfer fee assessed against each lot transferred, to be paid to the Association on each transfer of legal title and recording of a deed to a lot in this subdivision. ARTICLE 4: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Prior Plan Approval. No improvement or obstruction shall be placed` or permitted to remain upon any part of the property unless a written request for approval, containing the plans, specifications, and exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. (See Article 6 below.) The approval of the Board will not be unreasonably withheld if the , plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules. In the event any of these CC&R's are .less restrictive than any governmental rules, regulations or ordinances, then the more restrictive governmental rule, regulation or ordinance shall apply. DEVLIN PLACE SUBDIVISION CC&R'S Page 4 of 29 • 4.3. Use. Size and Basements. All Building Lots shall be used exclusively for one or two-story single-family homes with a minimum square footage of 1,400 square feet excluding porches and garages. Split entry homes are prohibited. Basements are prohibited due to the high water table. 4.4 Accessory Structures. There shall be no metal or wood storage attachments to any home except as approved by the Board. Storage sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, ahd with similar colors and design, as ~ the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a) constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; (d) no more than 120 square feet in area and no more than eight feet high; and d) approved by the board. 4.5 Setbacks. All setbacks shall comply with the pertinent local government Ordinances. 4.6 Garages. All residential homes shall have an attached enclosed garage which holds no less than two cars and shall be constructed of the same materials and colors as the main building or as approved by the Board. Garages shall not to be used as living quarters nor to be used primarily as storage. Garages are primarily for the parking of vehicles. In no case shall a garage be used for storage leaving no room therein for the parking of vehicles. 4.7 Exterior; Appearance. No vinyl or metal siding shall be allowed for the exterior of any dwelling unless approved by the Board. Such are discouraged, however. Bay windows, broken roof lines, gables, hip roofs, etc. are strop jly encouraged as are brick, stone or stucco for the full height columns on the sides of the garage. Also strongly encouraged are brick, stone or stucco full wainscoting on the front exposure. ' 4.8 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials shall be composition shingles. 4.9 Commercial Activity. No commercial activity except an at home office or a once a year garage sale shall be permitted on any of the property. ;, ,± DEVLIN PLACE SUBDIVISION CC&R'S Page 5 of ' 29 ~' • i 4.10 Driveways. All-Lots shall have a paved driveway and a minimum of two paved car parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock or gravel. 4.11 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold, yellow, or very dark body colors shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any future changes to colors or exterior must be approved by the Board. 4.12 Pole Lights. Each home shall have aphoto-sensitive pole light installed in the front yard prior to occupancy, ideally within five (5) feet of the sidewalk and five (5) feet of the driveway, with a minimum bulb power of '40 watts, designed to switch on automatically at sunset and off at sunrise. Installation is the specific responsibility of the builder constructing the home. 4.13 Landscaping.. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of occupancy of the home and shall be the responsibility of each respective Owner of the lot. The "front yard" shall be defined as that portion of the Building Lot from one side lot line to the opposite side lot line lying in front of the front exposure of the structure. For Building Lots on corners the "front yard" shall also include that portion of the Building Lot from the front of the structure to the rear of` the structure to the side street (i.e., the side yard next to the side street). Landscaping, at a minimum, shall include sod in the front yard and at least one'tree of 2" caliper in the front yard. Grass shall be planted or sodded in the back yard within one year of occupancy. 4.14 Fences. 4.14.1 Subdivision Perimeter Fences. Grantor may construct a perimeter fence around portions of the exterior of this subdivision property (except for entrance or exit roadways or waterway crossings). After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the; responsibility thereafter of the Owner of that lot to maintain, repair and/or replace as needed that portion of the perimeter fence on that Owner's lot. 'The maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. The Association may, in it's sole discretion, maintain some or all of the perimeter fencing as a Common Area expense. DEVLIN PLACE SUBDIVISION CC&R'S Page 6 of 29 . ,.. 4.14.2 Other Owner Fences. Other Owner fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6-foot, dog-eared cedar. Chain link fences are not allowed except along ditches or water retention areas and then only after approved by the Board. Fences shall not be built closer to the front of the lot than even with the front corner of the home, nor within 20 feet of any street rights of way. 4.15 Construction. No pre-existing, mobile home or prefabricated home shall be moved onto any lot. All homes in this Subdivision must be. constructed on the lot. Once construction has begun, completion of each ~ building or other improvement shall be diligently pursued and completed within 12 months. 4.16 Sewer. All bathroom, sink and toilet facilities shall be located inside the home, and connected underground to wet line sewer. 4.17 No Further Subdivision. No Building Lot may be split or subdivided without the prior written approval of the Board. 4.18 Nuisances. No rubbish, grass clippings or other debris of any'kind `~ shall be placed on, dumped on, or allowed to accumulate anywhere .on the Property, including Common Areas or vacant Building Lots. No unsanitary, unsightly, or offensive conditions shall be permitted to exist on any part of the Property. Noise or other nuisances in violation of local ordinances are prohibited. No Owner shall permit any noise, party or other activity in the Common Area which unreasonably interfere with the peace and quiet of the other Owners or occupants. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited. 4.19 Exterior Maintenance• Owner's Obligations. All Improvements, especially the exterior appearance of the home, lawn, trees, fencing and landscaping shall be kept in good condition and repair. In the event an Owner permits an Improvement to fall into disrepair, or to create a dangerous, unsafe, hazardous, unsightly or unattractive condition, then. the Board or Grantor, after thirty (30) days prior written notice to the offending Owner, shall have the rights to enter upon that Owner's property to correct such condition. Owner shall be obligated to reimburse the Board or Grantor for all of the costs of the corrective action as set out in Article 8 and 9 below. DEVLIN PLACE SUBDIVISION CC&R'S Page 7 of 29 ,. 4.20 Unsightly Articles. No unsightly articles shall be permitted to remain on any property so as to be visible from any other Owner's property. Trash is to be kept in containers and areas approved by the Board. Clothing or fabrics are not to be hung or aired in such a way as to be visible. to other property. No equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, disabled vehicles, or scrap shall be kept, stored or allowed to accumulate on any property except within an enclosed structure or screened from view. Vacant residential structures shall not be used for storage. 4.21 No Temporary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property or on any streets. Temporary construction structures are permitted only during the time of construction. 4.22 No Unscreened Boats Cambers and Other Vehicles. No boats, trailers, Campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless enclosed by a concealing structure approved by the Board. No vehicles taller than nine feet or longer than 25 feet shall be allowed to be stored on any portion of the property. If a stored item is taller than the front or side fence then the item must be parked two feet away from the fence for every one foot it is taller than the fence. (For example, a nine foot tall motor home would be required to be parked six feet away from front and side fences if those fences were six feet tall, and eight feet away if the fences were five feet tall.) Notwithstanding anything contained herein, a boat, camper, trailer or motor home may be parked in a driveway or in the street in front of the Owners lot (if permitted by local ordinances) for a temporary time not to exceed three days. No vehicles may use or be parked on the Common area Lot 1 Block 1 (except Nampa & Meridian Irrigation District vehicles for the purposes of utilizing its maintenance easement). Otherwise, this common area lot is a graveled pathway for pedestrian and bicycle traffic only. 4.22.1 Removal of Vehicles• Warning; Costs. The Board or its representatives may remove any vehicles in violation of this section at any time after giving the owner fifteen (15) days written notice of its intent to do so. For any such vehicles removed, the Owner shall reimburse the Board, as a limited assessment, the costs thereof plus a management fee equal to ten percent (10%) of the costs. (See Article 9 below) DEVLIN PLACE SUBDIVISION CC&R'S Page 8 of 29 • 4.23 Animals/Pets._ No farm animals, animals creating a nuisance, or animals in violation of governmental ordinances shall be kept on any Property. Chronic dog barking shall be considered a nuisance. No more than two domestic cats and no more than two domestic dogs shall be allowed to inhabit any one lot. All dogs outside the home or outside the lot fence must be leashed. Pets shall not be allowed in the Common Areas. Any kennel or dog run must be screened, placed inside the lot fences, and approved by the Board. 4.24 Signs. No sign shall be displayed to public view without the approval of the Board except: (1) signs used by Grantor in connection with the development and sale of the Property; (2) signs identifying the development; (3) informational signs by the Board displayed on Common Areas; (4) one sign of less than 12 square feet displayed by an Owner (other than Grantor) on that Owner's property advertising the home for sale or lease; and (5) signs required by the governing authorities. No signs other than Grantor's shall be placed in the Common Area without the written approval of the Board. 4.25 Lot Grading and Drainage Requirements._ Each lot owner shall grade and maintain their individual lot to direct water away from the foundation and to prevent the runoff of storm water onto adjacent owner's lots. 4.26 Additional Easements. In addition to the easements shown on 'the recorded plat, an easement is further reserved and each Lot shall be subject to an easement, five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.27 Exemption of Grantor. Nothing contained in these CC&R's shall~`limit the right of Grantor; to subdivide or re-subdivide any portion of the Property owned by Grantor; to grant easements, licenses, or to reserve rights-of-way with respect to Common Areas; to complete excavation, grading and construction of any portion of the Common Areas, or Property owned by Grantor; to alter construction plans and designs; to construct additional Improvements; to erect, construct and maintain structures and displays as necessary for the conduct of Grantor's business. Prior to transferring title to a Building Lot Grantor shall have the right to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor may be assigned by Grantor to any successor in interest by a written assignment recorded in the Office of the County Recorder. DEVLIN PLACE SUBDIVISION CC&R'S Page 9 of 29 4.28 Water; Water Rights. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges and understands and agrees to the following: a) that such property is in an irrigation district, including but not limited to Nampa & Meridian Irrigation District; b) that the water in said district has ~ not been transferred from this property; c) that each Owner of any Lot is subject to all assessments levied by any irrigation district or water supplier and/or the Association; d) that each Lot Owner shall be responsible to pay any levies of the irrigation entity or the Association or the water supplier attributable to that. Lot; e) that these assessments are a lien upon the Lot. Each owner or occupant of any Lot in Devlin Place Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and directors relating to irrigation water in Devlin Place Subdivision. 4.28.1 Nampa-Meridian Agreements: The lots in Devlin Place Subdivision shall be subject to any existing or future recorded agreements or license `agreements with Nampa-Meridian Irrigation District regarding this Subdivision, including but not limited to the following existing agreements or any addendums thereto: a) Agreement for Pressurized Urban Irrigation System (PUTS) with Restrictive Covenants Running with the Land, recorded the day of August, 1998, as Instrument No. 98 b) Construction Contract for Pressurized Urban Irrigation System recorded the day of August, 1998, as Instrument No. 98 4.29 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event` a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall .be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 4.30 Water Detention and Retention Areas• Maintenance; ACHD -Easement. Lot 19 Block 2 and Lot 10 Block 4 of Devlin Place Subdivision (both Common Area lots) will contain water detention and retention areas. The drainage system on these lots shall be maintained by the Association or ACHD (Ada County Highway District) as follows: 4.30.1 "Heavy" Maintenance. Heavy maintenance consists of periodically inspecting the subsurface trenches and facilities to ensure they are functioning properly; cleaning out the facility DEVLIN PLACE SUBDIVISION CC&R'S Page 10 of 29 piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light" maintenance. ACRD may elect to perform this "heavy" maintenance and shall be allowed by the Owners and the Association to perform this maintenance work. In the event ACHD shall decide not to do so "heavy" maintenance, then the Association shall do so. 4.30.2 Easement to ACRD for Heavx Maintenance. ACRD is hereby granted an easement over the entirety of the two lots listed in this section as needed for maintenance of th'e drainage facilities by ACRD. 4.30.3 "Light" Maintenance & Operation. The Association shall provide all "light" maintenance of the ponds and the entire ground surface of these two lots. This light maintenance shall `~ include the following: a) periodic inspection of the ponds for water spots, water entering the ponds from other lots, erosion and rodent damage, and if found to cause the problems to be repaired. (b) perform all lawn maintenance, mowing, irrigation and weed control, (c) clean up all trash, (d) regularly check the underground storm drain facility for clogging or standing water and if found to report such to ACRD so ACHD can do the "Heavy" maintenance. 4.30.4 No Structures. No permanent structures or improvements shall be erected on either of these two lots. 4.30.5. Association Failure to Maintain: ACRD Remedies. In the event that ACRD determines, in its sole discretion, that the Association is not adequately performing the light maintenance of the subsurface trenches, then ACHD shall, before undertaking maintenance of said common area, provide written notice of its intention to begin maintenance on behalf of the Association within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by ACHD. In the event that the Association shall fail to commence and conclude maintenance of the subsurface trenches to the extent said items of specific maintenance are identified by ACHD within the ' prescribed thirty (30) days, then in that event, ACHD may begin ' DEVLIN PLACE SUBDIVISION CC&R'S Page 11 of 29 + ~ • to undertake such maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any pertion of the lots described herein to perform such inspection and maintenance of the subsurface trenches. Should ACRD engage in maintenance of the defined common area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall first bill the Association and if such bill shall not be paid within sixty (60) days, then ACRD shall be entitled to and empowered to file a taxable lien against all lots within Devlin Place Subdivisions with power of sale as to each an~1 every lot in order to secure payment of any and all assessments levied against all lots as if said maintenance had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACRD. The Association shall not be dissolved or 'y relieved of its responsibility to maintain the defined common area and facilities contained therein without the prior written approval from ACRD. The Association and all Lot Owners by accepting title to a Lot agree that all Lot Owners within these Subdivisions are benefitted property owners of such maintenance. 4.31 Pressurized Irrigation System. Irrigation water, when seasonally available, will be supplied through Nampa & Meridian Irrigation District via a pressurized urban irrigation system. This system shall be owned by Nampa & Meridian Irrigation District. All main lines, pumping works and the like shalt be maintained and operated by Nampa & Meridian Irrigation District and each .lot owner shall pay pro-rata for the costs of maintenance and operation of the pressurized urban irrigation system attributable to Devlin Place Subdivision. Each individual lot will have a control valve on the pressurized irrigation system to allow irrigation water onto that individual lot. Each lot Owner shall be responsible for his own irrigation system on his own lot downstream from this control valve (e.g. sprinkler lines and sprinkler heads). Any Owner damaging the main system shall be responsible for that damage. 4.31.1 Water Costs: All irrigation water costs shall be paid by the lot owners either from individual assessments against each lot by the Irrigation District or other water suppliers; or, if the water supplier provides one billing to the Association, then the water costs shall be paid as part of the Association's pro-rata assessments to DEVLIN PLACE SUBDIVISION CC&R'S Page 12 of 29 ~4 Class A lot owners. Each lot owner shall pay an equal pro-rata share of all the commonly billed water costs regardless of actual water used. (For example, if the water supplier gives one common billing to the Association, then each owner shall pay an equal pro-rata share whether that owner uses the water or not.) Each lot owner shall use all reasonable efforts to conserve and not waste irrigation water. 4.31.2 Rotation: Rules. The Board may establish a water rotation schedule for ~ all lots and common ,areas in this Subdivision and general rules for the times and use of irrigatipn water. All lot owners and occupants shall follow said water rotation schedules and any rules promulgated relative to the use of irrigation water. Failure to adhere to the rotation schedule or rules may, following notice from the Board, result in suspension of the right to use irrigation water. ,,. 4.31.3 No Liability. Neither Declarant, its agents, employees, officers, directors, or shareholders, nor the Association or its officers, directors, employees or agents shall have any liability of any kind whatsoever to any owner or occupant for any claims or losses of any kind due to a failure of the water system or shortage of water for any reason. 4.32 Common Driveway Reciprocal Easement• Maintenance of Common Drivewav. In this subdivision Lots 2 and 3 in Block 3 shall have one common looped driveway which shall be constructed per ACRD requirements. This driveway shall be the only means by which these two lots can access Chateau Drive. This common looped driveway is referred to herein as the "common driveway easement area". 4.32.1 Reciprocal Easements. Each Owner of these two common lots, and occupants, tenants, guests and invitees shall have an easement over and across all of that common driveway easement area. This shall be a reciprocal easement benefitting and burdening each of the two common driveway lots and shall be for the purposes of ingress and egress over and across the common driveway easement area to and from the public street. NO PARKING OF ANY KIND SHALL BE ALLOWED IN ANY OF THIS COMMON DRIVEWAY EASEMENT AREA. This area is for ingress and egress only. DEVLIN PLACE SUBDIVISION CC&R'S Page 13 of 29 ' i. 4.32.2 Maintenance of Common Driveway. The maintenance of the common driveway easement area and the costs thereof shall be shared equally (1/2 each) by the owners of the two lots sharing the common driveway easement area. Maintenance decisions shall be made by a unanimous vote of the two Owners. 4.32.3 Perpetual. The provisions contained in this paragraph 4.32 shall be perpetual and shall run with each affected lot. These provisions of paragraph 4.32 as they apply to each of the common driveway lots may not be amended unless such amendment is approved by a) the lot owners affected; b) the President of the Association, if the Association exists; and c.~ ACHD. ARTICLE 5: DEVLIN PLACE NEIGHBORHOOD ASSOCIATION, INC. 5~1 Organization of Devlin Place Neighborhood Association, Inc. Devlin Place Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws (attached hereto as Exhibit B) and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or inte~`preted so as to be inconsistent with this Declaration. 5.2 Membershia. Each Owner of a lot subject to assessment, (including contract sellers), by virtue of being an Owner, and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in~the Association shall not be transferred, pledged, assigned or alienated except upon the transfer of Owner's title the transferee of such title. Any prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members (including Grantor) who shall cast the votes attributable to the Building Lots which they own. The number of votes any Member may cast on any issue is determined by the number of Building Lots owned. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote. For voting purposes,'the Association shall have two (2) classes of Members: DEVLIN PLACE SUBDIVISION CC&R'S Page 14 of 29 ,; 5.3.1 Class A Members. Owners other than Grantor shall be Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Memberls) on the day of the vote. One lot, one vote. 5.3.2 Class B Member. The Grantor shall be the Class B Member, and shall be entitled to three (3) votes for each Building Lot owned by Grantor. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs first: (a) when seventy-five (75%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2005. 5.3.3 No Fractional Votes or Severance from Land. Fractional votes are not allowed. If joint Owners cannot agree how their vote will be cast, they lose their right to vote on the matter `'' being put to a vote. A vote cast will be conclusive for all purposes that the Owner had authority and consent of all joint Owners. Votes may not be severed from the Building Lot. However, an Owner may give a revocable proxy, or assign the Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of a Building Lot to a new Owner automatically transfers the voting right to the new Owner. 5.4 Board of Directors and Officers. The affairs of the Association shall be managed by a Board of Directors ("Board") and such officers or agents as the Board may elect or appoint as provided in the Bylaws. The Board shall be elected in accordance with the Bylaws. 5.5 Power and Duties of the Association. The Association shall have all the powers of a corporation organized under the laws of the State of Idaho subject only to the limitations set forth in the Articles, Bylaws, and this Declaration. The Association shall have the power to appoint representatives and the power to perform all acts which may be necessary or incidental to discharge it's duties and responsibilities and to manage and operate the Association's Common Areas and assets. The Association's powers include, but are not limited to, the following: DEVLIN PLACE SUBDIVISION CC&R'S Page 15 of 29 4. 5.5.1 Assessments. The power to levy Assessments on any Class A Owner as set out herein and to force payment as provided in this Declaration. 5.5.2 Enforcement. The power and authority in its own name, or on behalf of any Owner who consents, to file and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration, the Articles or the Bylaws; and to file and maintain any action to enforce the terms thereof. 5.5.3 Emergency Powers. The power to enter upon any property (but not inside any building) in any emergency where there is potential danger to life or property or when necessary to protect or maintain Improvements for which the Association is responsible. The Association may also enter upon any property to prevent the waste of irrigation water. Such entry shall be made with as little inconvenience to the Owner as practicable. Any damage caused by the Association shall be repaired by the Association. 5.5.4 Licenses Easements and Rights-of-Way; Cooperative Agreements. The Association shall have the power to enter into any cooperative or license agreements regarding water or irrigation systems. The Association shall have the power to grant and convey to any third party licenses, easements and rights-of-way in, on or under the Common Area or in any easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the. Property and Common Area, and for the preservation of the health, safety, convenience and welfare of the Owners. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years t from the date of recording of these CC&R's. 5.6. Duties of the Association. In addition to duties necessary and proper to carry out the powers delegated to the Association by this Declaration, the Articles and Bylaws, the Association shall have the authority to perform, without limitation, each of the following duties: DEVLIN PLACE SUBDIVISION CC&R'S Page 16 of 29 ... ~ • 5.6.1 Operation and Maintenance. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, and, at the discretion of the Board, provide for: a) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; b) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 5.6.2 Taxes and Assessments. Pay all real and.. personal property taxes and assessments including but not limited to water costs separately levied against the Common Area or against the Association and/or any other property in this Subdivision owned or managed by the Association. Taxes, assessments and water costs may be contested or compromised by the Association and the costs are a common area expense. The Association shall pay any applicable federal, state or local taxes levied against the Association. 5.6.3 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or any pressurized urban irrigation system. 5.6.4 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from insurance companies authorized to do business in the State of Idaho, and maintain any insurance policies including, but not limited to the following: (1) Comprehensive public liability insurance insuring the Board, the Association, the Grantor and/or the individual grantees and agents and employees of each against any liability incident to the ownership and/or use of the Common Area; (2) Directors' and officers' liability insurance; 13) Motor vehicle insurance and Workmen's Compensation insurance; (4) Performance, fidelity and other bonds the Board deems necessary to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of Association funds or other property. The Association shall be deemed trustee of the DEVLIN PLACE SUBDIVISION CC&R'S Page 17 of 29 S. interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive the Owner's interests in such proceeds. All proceeds shall •be used for Association purposes. Insurance premiums for the above insurance coverage shall be a common expense to be included in the Regular Assessments levied by the Association. 5.6.5 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of this Declaration, the Articles or the Bylaws. 5.7 No Liability. No Board member, committee member, Association officer,, Grantor or its officers, directors or shareholders (collectively herein "Grantor") shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of that person provided that the person has acted in good faith and without gross, willful or intentional misconduct. 5.8. Budgets: Operating Statement; Balance Sheet; Inspection. Within sixty (60) days after the close of each calender year, the Association shall cause to be prepared and shall make available for inspection by any Owner; (1) a balance sheet as of the last day of the Association's calender year; (2) an annual operating statement reflecting the income and expenditures of the Association for its last calender year; and (3) a proposed budget and schedule of Assessments for the current year. Notice of scheduled Assessments due shall be given at least once a year. 5.9 MeetinQS of Association; Notice of Meeting and Assessments. Each year the Association shall hold at least one annual meeting of the Members', on April 30, or some other date set by the board between April 15 and May 31. If any meeting date falls on a weekend or holiday then the meeting shall be on the "next. following business day. Notice of such meeting shall be given at least 10 and~no more than 30 days prior to the meeting and such notice may include notice of the Assessments scheduled due for the coming year. Only Members or their proxies shall be entitled to attend Association meetings. All other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, at the address for the lot in the subdivision or the address supplied in writing to the Association. This notice shall set forth the place, DEVLIN PLACE SUBDIVISION CC&R'S Page 18 of 29 date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or as close thereto as practical,. at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative) where there is ,such a Member, and of Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to another time not more than thirty (30) days from the time the original meeting was scheduled. If the rescheduled meeting is more than 30 days .then additional notice of the next meeting shall be given. At any subsequent meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE 6: ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across 'any part of Devlin Place Subdivision unless a written request (given to one of the Board of Directors of the Association or a person designated by the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by a member of the Board or any person designated by the Board. The initial Board is as follows: Daniel A. Wood, Dixie L. Wood and Timothy R. Wood. In the event the Board fails to approve or disapprove such request within thirty (30) days after such request has been submitted in writing, approval shall not be required and this Article will be deemed to have been complied with. ARTICLE 7: RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have the equal right to enjoy the use of those Common Areas or common facilities which are designed and built for such use. The Association may make reasonable rules governing use of the Common Areas and facilities. All common areas and facilities shall be owned by the Association. The Association shall have the power to suspend the use of all common areas to Members who are in arrears for non-payment of Assessments. However the Association may not ,suspend street or sidewalk access to a members lot or home. The Association may dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes agreed to by the Members. No dedication, mortgage or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer is signed by the Grantor (if Grantor still owns any of the Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also be approved by DEVLIN PLACE SUBDIVISION CC&R'S Page 19 of 29 any local government having jurisdiction over the transfer. Said transfer shall become effective when the instrument is recorded. In the event that an Owner's access to his lot is over any Common Area, then any transfer of that Common Area shall be subject to an easement for the access of the owner. 7.2 Damages. Any Owner shall be liable for damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, the Owner's tenant, or the Owner's family, guests, agents, contractors or invitees. In the case of joint ownership the liability of such Owners shall be joint and several. The cost of correcting the damage shall be: treated as a Limited Assessment against the Owner and Building Lot and may be colleted as provided herein. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE 8: ASSESSMENTS 8.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Devlin Place Subdivision, each Class A Owner hereby covenants and agrees to pay, when due, all Assessments or charges made by the Association pursuant to this Declaration. In the event this subdivision is developed in phases, the lots in uncompleted phases shall not be assessed until they become Class A Owner's lots. Declarant shall not pay any Assessments for lots owned by Declarant. No Mortgagee shall be required to collect any assessments. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges set out herein, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment Personal Obligation. Each Assessment obligation set out herein which accrues during the time of ownership shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding anything contained herein, the failure to pay assessments does not constitute a default on an owner's federally insured mortgage. DEVLIN PLACE SUBDIVISION CC&R'S Page 20 of 29 • 8.2 Regular Assessments. All Class A Owners are obligated to pay Regular Assessments to the Association on ~ a schedule of payments established by the Board. 8.2.1 Initial Regular Assessment: The initial Regular Assessment for the year 1998 is to be one hundred dollars ($100) per year per lot. This initial assessment is due upon sale of a lot from Grantor and shall be prorated on a calendar year basis based on the date of closing and shall be paid to the Association by the Buyer upon closing of the first transfer of the lot from the Declarant to the Buyer. ', .8.2.2 Regular Assessments. The proceeds from Regular (and other) Assessments are to be used to pay for all costs and expenses incurred by the Association, including but not limited to; (1) legal, accounting, management, and professional " fees; (2) the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area and common facilities; (3) an amount allocated to an adequate reserve fund, established by the Board, for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced grid maintained; (4) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; and (5) mowing the vacant lots and maintaining right of way areas in or adjacent to the subdivision to keep the subdivision as a whole aesthetically pleasing. 8.2.3 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis and shall Assess each Class A Owner's lot equally for all Assessments (except the Limited Assessments which are on a lot by lot basis). Regular Assessments for the calender year shall be pro-rated as of the date of closing. 8.2.4 Amounts Paid by Owners. The Board can require, in its discretion payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner for any given calender year shall be computed by dividing the Association's DEVLIN PLACE SUBDIVISION CC&R'S Page 21 of 29 • total advance estimate of expenses by the total number of Class A Building Lots in the Property (i.e, each Class A Owner of a Building Lot shall pay an equal share of Regular ; Assessments). 8.3 Special Assessments. 8.3.1 Transfer Special Assessment. Upon each transfer of any lot in the subdivision and the recording of the deed each Buyer at closing shall pay to the Association a special transfer assessment of Twenty-Five (525.00) Dollars which shall be used for general Association purposes. ~, 8.3.2 Start-up Assessment: Upon the first sale of each building lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association Start-up fee equal to one hundred (5100) Dollars to be used for general Association purposes. This fee shall be a one time initial start- up fee,'and shall not be prorated for any time left in the calendar year. This start- up fee assessment shall be paid in full regardless of the time of year of the closing but shall only be paid once per lot. 8.3.3 Special Short Fall Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar ;year is or will be short to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, the Board shall determine the approximate amount necessary to defray such expenses and levy an Excess or Special Assessment equally to all Class A Owners. No such Assessment shall be levied which exceeds thirty-five percent (35%) of the budgeted expenses of the Association for that calendar year, without the vote or written assent of 2/3 of the Class A Owners. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. ~ ° 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Building Lot and the Owner thereof personally as a remedy to reimburse the Association for costs (together with the 10% management fee, interest and attorneys fees as provided in Article 9 below) incurred in bringing the Owner and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. DEVLIN PLACE SUBDIVISION CC&R'S Page 22 of 29 • 8.5 Notice and Assessment Due Date. Except for the Special Transfer Assessment, the Start-up Assessment and initial prorated Regular Assessment, written notice of all other assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of Assessments shall become delinquent if not paid within ten (10) days after the levy and notice thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 8.6 Late Fees• Interest on Past Due Assessments: Assessments of any kind which are not paid within thirty (30) days of the due date shall be assessed an additional late charge of 5100.00. In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1-1 /2%) per month from the date the assessment was due until the date of payment. 8~.7 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or Mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE 9: ENFORCEMENT OF COVENANTS AND ASSESSMENTS; LIENS 9.1 Right to Enforce: Attorneys Fees. The Association has the right to enforce these covenants and to collect and enforce its Assessments. Each Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and agrees to comply with the terms, covenants, conditions and restrictions contained herein and to pay each Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether" by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. 'The DEVLIN PLACE SUBDIVISION CC&R'S Page 23 of 29 • Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: (1) direct corrective action against the Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure of the liens created herein; (4) expenditure of funds to remedy any violations; and/or (5) any other lawful action. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions of these Declarations, the Board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action agrees to and shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1 /2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action, and all attorneys fees incurred. Such shall be a Limited Assessment against that Lot ~' and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. If such an assessment is not paid .within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out herein. 9.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in this Declaration. 9.2 Assessment Liens. There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot together with other charges as provided in this Declaration. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recording of a claim of lien with the County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments DEVLIN PLACE SUBDIVISION CC&R'S Page 24 of 29 s ~ • on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.1 Claim of Lien. Upon default of any Owner in the payment of any Assessment, the Association may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording), a sufficient legal description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner (or reputed Owner) thereof. Each default ` shall constitute a separate basis fora claim of lien, but any number of defaults may be included within a single claim of lien. Upon payment to the Association of all Assessments and all other charges of any kind set out in this Declaration or other satisfaction thereof, the Association shall cause to be recorded a notice releasing the lien. The Association may demand and. receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. The lien may be foreclosed like a mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45-507; or foreclosed by any other appropriate action in court. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. Any sale shall be conducted in accordance with Idaho law applicable to the exercise of powers of sale. The Board is authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure to the extent allowed by law. 9.4 Action at Law. The Association may, in it's discretion, elect not to foreclose the lien and simply file an action at law against the Owner for the monies .due. The Owner shall pay all of the Association's attorneys fees and costs of the action if the Association prevails. 9.5 Required Notice. Any claim of lien shall be recorded with the County Recorder. In the event that the Association elects to file a lien and foreclose pursuant to Idaho Code 45-507 then the Association shall serve the copy of the recorded lien on the Owner within 24 hours of the recording of the lien as required by 45-507. No foreclosure action may be brought to foreclose the lien, whether DEVLIN PLACE SUBDIVISION CC&R'S Page 25 of 29 • judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in the claim of lien, and to the person in possession of such Building Lot(s). No prior notice to the Owner is required for the Association to file an action at law for the monies due; provided, however, that no action at law can be filed until an Assessment is more than 60 days in default. 9.6 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein shall be subordinate to the lien of any first. deed of trust or first mortgage given and made in good faith and for value that is ;of record as an encumbrance against such Building Lot prior to the recording of. a claim of lien for the Assessments. The transfer of any lot pursuant to a foreclosure of a first deed of trust or mortgage shall extinguish the lien of the Assessments which came due before the foreclosure. Otherwise, the sale or transfer of any Building Lot shall not affect any liens or lien rights that Association has in this Declaration. Nor shall. such sale or transfer diminish or defeat the personal obligation of any Owner for Assessments. 9.7 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recording of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. Any Mortgagee requesting in writing shall be given notice of any default in the payment of Assessments for the lot the subject of the mortgage. ARTICLE 10: EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property and Owners reciprocal easements of access, ingress and egress to and from their respective Building Lots. These reserved easements are for; (1) installation and repair of utility services in the easement areas identified on the plat; (2) drainage of water (by buried pipe and not by flooding) across and under adjacent Building Lots and Common Areas in the drainage easement areas shown on the plat; (3) reasonable and necessary access by adjacent Owners for the maintenance and repair of fencing, retaining walls, lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the like. Such easements may also" be used as necessary by Grantor and the Association. DEVLIN PLACE SUBDIVISION CC&R'S Page 26 of 29 ~ ~ 10.2 Utility Easements. This Declaration is subject to all easements granted by Grantor before or after this Declaration for the installation ;and maintenance of utilities, drainage facilities, sewer, water, irrigation systems and the like that are required for the development of the Property. Grantor reserves, for the benefit of the Association, the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies as necessary or expedient for the proper development of the Property. 10.2.1 Improvement of Draina4e and Utility Easement Areas. No permanent structures or Improvements shall be constructed on any drainage or utility easement areas which would interfere with or prevent the easement from being used for it's intended purpose. Landscaping and fences in these easement areas are permitted in this Declaration if they do not interfere with the use of the easement. ARTICLE 11: MISCELLANEOUS 11.1 Term. The easements granted in this Declaration shall be perpetual. These CC&R's shall run with the land, and remain in effect, until December 31, 2025, unless amended as provided. After December 31, 2025, these CC&R's shall be automatically extended for successive periods of ten (10) years each, unless amended or terminated by a recorded instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association. The Association shall not be dissolved without the prior written approval of the City of Meridian. 11.2 Amendment By Grantor. Until the recording of the first deed to a Building Lot, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated by Grantor alone by recording a written instrument setting forth such amendment or termination. 11.3 Amendment By Owners. Any amendment to this Declaration, shall be by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying and attesting that such amendment has been approved by the vote, or written consent, representing two thirds (2/3) or more of the votes in the Association. Any amendment shall be effective upon recording with the County Recorder of such amendment. DEVLIN PLACE SUBDIVISION CC&R'S Page 27 of 29 11.4 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on all Owners and all Property, notwithstanding that some Owners may not have voted for or consented to such amendment. Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but no amendment shall prohibit or unreasonably interfere with the allowed uses of any Owner's property which existed prior to the said amendment. 11.5 Annexation of Additional Area. Declarant shall have the right to annex and include additional and similar areas owned by Declarant into these Declarations and to make these additional areas subject to the jurisdiction of these CC&R's and the Association. Declarant may annex these additional areas by recording a "Notice of Annexation" with the County Recorder describing the additional property to be annexed and referring to these Declarations and specifically stating in the notice any other or modified or additional restrictions that apply to the additional lands. Upon recording of the Notice of Annexation, these CC&R'~ shall apply to the additional lands (as added to or modified by the Notice of Annexation) as if the additional land were originally covered by this Declaration. Thereafter, the rights, privileges, duties and liabilities of all parties with respect to the additional lands and the lands described in this Declaration will be governed by these Declarations and the Notice of Annexation as if all had been done together originally. The Association shall manage all the lands together. 11.6 Mortgage Protection. No amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust made in good faith and for value, and recorded prior to the recording of such amendment, provided that after foreclosure of any first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Any notices required by these CC&R's shall be in writing and may be delivered either personally, by mail, or by overnight courier. Delivery shall be complete when served personally, posted prepaid at the Post Office or delivered prepaid to the overnight courier. Notices shall be sent to Owners at the address of the property or if the Owner has given a different address to the Association in writing then notices shall be given to that address. Such address- may be changed from time to time by notice in writing to the Association. Notices to the Grantor and to the Association shall be given to that address of Grantor on Page One until Owners are given notice in writing of another address for notice. DEVLIN PLACE SUBDIVISION CC&R'S Page 28 of 29 ~ ~ 11.8 Enforcement and Non-Waiver. These CC&R's may be enforced by Declarant, the Board, the Association or any Owner. Failure to enforce any of the terms of this Declaration at any time shall not be a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Devlin Place Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Devlin Place Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.9 Successors and Assigns. All references herein to Declarant, Owners, the Association or person shall be construed to include all heirs, successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. DATED THIS day of 1998. D. W. Iflc. an Idaho Corporation By Title STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of , 19 ,before me, a notary public in and for said State, personally appeared Daniel A. Wood, known or identified to me to be the President of D.W. Inc. the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing in ,Idaho My Commission Expires: DEVLIN PLACE SUBDIVISION CC&R'S Page 29 of 29 MERIDIAN CITY COUNCIL SPECIAL MEETING MARCH 10, 1998 The special meeting of the Meridian City Council was called to order by Mayor Corrie at 6:30 p.m. on March 10, 1998. MEMBERS PRESENT: Ron Anderson, Glenn Bentley, Charlie Rountree, Keith Bird. OTHERS PRESENT: Wayne Crookston, Shari Stiles, Gary Smith, Bill Gordon, Will Berg. ITEM #1: DEVELOPMENT AGREEMENT FOR PRESTIGE CARE, INC.: Stiles: Mr. Mayor and Council, Wayne and I have reviewed this agreement, it's been given to the developer and I haven't heard any objection from him. This is the one where they will donate the 4.6-acre park to the City and they'll do that before they get building permits. I don't believe we had any problems with this agreement. Corrie: Council, questions? Rountree: Just if Wayne agrees with that submission. Crookston: Yes I do. Corrie: Is there. anybody here from the Prestige Care and Devlin Place Subdivision development? Council? Open for discussion are the (inaudible). Anderson: Mr. Mayor, is this four acres of park - I didn't read anywhere in there where - is that going to be developed or undeveloped or -what's going to be the status on that? Stiles: It will be undeveloped. Anderson: So it will just be bare ground that they're going to donate to us. Stiles: Yes. Rountree: Isn't it five acres? Stiles: It's 4.6, once the street's taken out. The Developer of Devlin Place Subdivision which is just to the south of that park property is working with Tom and I think Gary to work on a pump station to irrigate the park as well as his subdivision. Corrie: Any further discussion? Hearing none I'll entertain a motion. MERIDIAN CITY C~VCIL SPECIAL MEETING MARCH 10, 1998 PAGE 2 Rountree: Mr. Mayor I move that we approve the Development Agreement with Prestige Care, Inc., authorize the Mayor to sign and the City Clerk to attest. Bird: I'll second it. Corrie: Motion made by Mr. Rountree seconded by Mr. Bird to approve the Development Agreement of the Prestige Care, Inc., the Mayor to sign and the City Clerk to attest. Any further discussion? All those in favor of the motion say aye. All those not in favor say nay. MOTION CARRIED: All ayes. ITEM #2: DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION N0. 1. Stiles: Mr. Mayor and Council, this Development Agreement was submitted by the applicant. Wayne has reviewed it and made some changes that I think are shown on your copies. It is quite a bit different from our normal agreement in that they've taken out any reference to being able to shut off the water if they don't meet the requirements. The Quenzer's who still own a major portion of that forty acres plus or minus that was annexed had a big problem. They're just farmers they're not Developers. They were a little concerned that the wording in the agreement would encumber their property besides this one parcel and -Wayne do you think this still covers us? Crookston: I think that it does because they are not going to get a final plat until all improvements are done so I think that we are protected. Stiles: They are going to totally construct those improvements prior? Crookston: That's correct. That's what Mr. Sherwood indicated and that's what the agreement states. Were there any specific changes to the one that you got yesterday? Stiles: I think John Knight just faxed me a copy of what he had sent to you because he hadn't sent me a copy yet. Bird: Is that the copy we've got too Shari, it just says draft on it? Stiles: Yes. Bird: Are these Wayne's words? • MERIDIAN CITY COUNCIL MEETING: MARCH 10.1998 APPLICANT: ITEM NUMBER: 1 REQUEST• DEVELOPMENT AGREEMENT FOR PRESTIGE CARE. INC. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED AGREEMENT CITY ATTORNEY; CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: //''~ ~~ lJ"~ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and D.D. & F., an Oregon general partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is 501 SE Columbia Shores Boulevard, Suite 300, Vancouver, Washington 98661. WITNESSETH: WI~REAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development agreements upon the-rezoning of land; and WHEREAS, the DEVELOPER has submitted an application zoning of that certain property described in Exhibit "A", and of the 24.88 acres total, has requested zoning of L-O for 8.05 acres, with the rest of 16.83 acres to remain zoned R-4; and WHEREAS, the DEVELOPER has consented to the submittal of preliminary and final plat applications for 12.23 acres of the parcel for development as asingle-family residential subdivision to be known as Devlin Place Subdivision which has been approved with conditions outlined by City staff and various agencies, as approved by the City Council on March 3, 1998; and WHEREAS, the DEVELOPER made some representations at public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • • WHEREAS, the DEVELOPER, as sole owner of said land, has requested a Conditional Use Permit for the development of a 44-unit assisted living facility, with 16 units of Alzheimer's care; ten garden apartments; atwo-story, 106-suite retiremeirt complex; and a city park. DEVELOPER has submitted to the CITY site plans as to how the property might be .platted, landscaped, bermed, lighted, access provided, and elevations. WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Develop and construct an assisted living facility and senior housing on 8.05 acres of the property. b. -Submit to the CITY applications for conditional use, and obtain the CITY's approval thereof, prior to, and as a condition o~ the commencement of construction of any building(s) or improvements on the property, intended for senior housing or other uses. c. Develop and construct single-family residential units on 12.23 acres of the property and dedicate 4.6 acres of land for a City park on the Subject Property as presented to the CITY. d. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development. e. The DEVELOPER or its successor shall only construct single-family houses on the 12.?3 acres of land, and all such single-family houses shall have at least one thousand tour hundred (1,400) square feet of floor space, exclusive of garages, and there -shall be no change to increase the number of lots or decrease the size of lots as 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 • shown on the approved final plat, which is incorporated herein as if set forth in full herein. 3. That the property zoned RR=4 shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and allow no duplex units, townhouses, or patio homes to be constructed on said property. 4. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of Improvement Plans "Improvement Plans" showing all streets, entry drives entering the property from a public right-of--way, utilities, pressurized irrigation facilities, tiling and piping of ditches, fire hydrants, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the development, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. It is agreed that the improvements to be constructed and installed by successor owners which are located wholly within the boundaries of the lot (hereafter "On-Site Improvements") are subject to the terms of this Development Agreement, and shall be subject to approval by the CITY in the normal course of the CITY's issuance of a conditional use or other permit and building pernut for the construction of a building on such separate lot, with the CITY's remedy for failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or interfere with the issuance of a building permit or a Certificate of Occupancy with respect to any other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the approvals granted for that lot by the CITY and/or the plans approved by the CITY for the building constructed thereon. That DEVELOPER will, at its own expense, construct and install all sanitary sewers, storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, tiling and piping of irrigation ditches, electrical transmission lines, natural gas lines, telephone lines, cross drains, streets, street surfacing, street signs, and barricades as well as airy and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. 6. That DEVELOPER will construct and install all such improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or .portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated. by such phased construction work as shall be required and approved by the City Engineer. 8. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepazed by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a' "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements aze true and correct. 9. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 10. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the ernirety of said improvemerns need to be completed in the irnerest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does-not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order, after conference with the DEVELOPER or attempted conference after notice to DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this pazagraph except at a regulaz or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be presern in person or by counsel, and to be heard on the merits of the proposed finding. 11. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed azea until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and' shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 12. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section I 1-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the property until the same is provided by the DEVELOPER Said improvements shall include, but not be limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and bernung, and fencing. 13. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any constn~ction, except where roadways and .streets for access are located and except where the CITY has agreed in writing that such-fencing is not necessary. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: DEVELOPER: City Attorney D.D. & F c/o Brad Zuke City of Meridian 501 SE Columbia Shores Blvd.. Suite 300 33 East Idaho Vancouver, WA 986b1_ Meridian, ID 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of t'us Section. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the 316/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • parties hereto. Nothing herein in intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 16. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: D.D & F. By: Name: Philip J. Fogg Title: President By: Name: Bradlev Zuke Title: Secretary (SEAL) 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • • STATE OF ) County of CITY OF MERIDIAN By Robert D. Come, Mayor By William G. Berg, Jr., City Clerk ss. On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Philip J. Fogg and Bradley Zuke, known, or proved to me, to be the President and Secretary, respectively, of D.D. & F., an Oregon general partnership, whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for - Residing at: (SEAL) My Commission Expires: 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 • • STATE OF IDAHO ) County of Ada ss. On this day of" , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 • EX~IIBIT A The land referred to in this Development ~4greement is described as follows: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 1 /2 OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, WHICH POINT IS THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREE 55' WEST 2659.7 FEET ALONG THE WESTERN BOUNDARY TO SAID EAST 1 /2 OF THE SOUTHWEST ClUARTER OF SAID SECTION 2 TO A POINT ON THE NORTHERN BOUNDARY OF SAID SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 39' EAST 414.73 FEET ALONG SAID .NORTHERN BOUNDARY TO A POINT; THENCE SOUTH 0 DEGREE 55' EAST 26622 FEET ALONG A UNE PARALLELTO SAID WESTERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST pUARTER OF SAID SECTION 2 TO A POINT ON THE SOUTHERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST ClUARTER OF SAID SECTION 2; THENCE WESTERLY 414.73 FEET ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO THE REAL POINT OF BEGINNING, EXCEPT THE SOUTH 25 FEET THEREOF. AND EXCEPTING THAT PORTION. DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT, BY DEED, RECORDED FEBRUARY 14, 1994 AS INSTRUMENT NO: 94013826. END OF LEGAL DESCRIPTION • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND D.D• & F. The DEVELOPER shall comply with the following conditions, including, but not limited: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517; 3. A determination of the seasonal high groundwater elevation shall be made, and a profile of the subsurface soil conditions as prepared by a soil scientist shall be submitted with the development plans; 4. Fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies shall be coordinated and locations shall be depicted on development plans; 5. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; 6. Signage shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance and is subject to review and approval of the Planning & Zoning Department prior to obtaining a sign permit; 7. Screened trash enclosures will be provided in accordance with City Ordinance, with dumpsters at locations to not impede firefighters' access coordinated with the City's solid waste contractor, Sanitary Services, Inc.; 8. All driveway and parking areas shall be paved, with all driveway accesses from public streets approved by the Ada County Highway District and all other driveways approved by the City; 9'. A drainage plan designed by a State of Idaho licensed architect or engineer shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas, with all site drainage contained and disposed of on-site; 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 10 . • 10. Filling of the site shall be completed, if needed, to meet the City's minimum design criteria for sewer line construction; 11. Approval of this development is contingent upon the CITY's ability to accept the additional sanitary sewage generated based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; 12. The designer of the development shall coordinate water and sewer main and line sizing and routing with the Meridian Public Works Department; 13. If the DEVELOPER desires the CITY to own and mairnain the sewer mains, sanitary sewer easements shall be dedicated to the CITY; 14. The DEVELOPER shall install the water mains and fire hydrants and then dedicate to the CITY for ownership and maintenance, with easements dedicated to the CITY; 15. The DEVELOPER shall provide parking lot lighting plans to the Meridian Public Works Department and design illumination to not cause glare or adversely impact neighboring residential properties, as determined by the CITY; 16. The DEVELOPER shall provide landscaping, with underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt and a minimum 35-foot landscape setback on Cherry Lane, to meet the requiremerns of Ordinance Section 11-2-414.D.2 and requirements of approved conditional use permit; 17. DEVELOPER shall construct and install a pressurized irrigation system utilizing surface irrigation water, and any proposal for a supplementary connection from the CITY's water system will be reviewed closely by the CITY; 18. DEVELOPER shall install six-foot-high, permanent perimeter fencing prior to obtaining building permits unless this requirement is specifically waived in writing by the City. 19. DEVELOPER shall incorporate special design features to ensure privacy of adjacent residential areas; 20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire lane on the east side of the project to the meandering sidewalk shown to the south. 21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the entire parcel prior to obtaining building permits; 22. DEVELOPER shall construct full street section of Chateau Drive to complete the connection from Ten Mile Road; 23. DEVELOPER shall construct curbs, gutters, sidewalks and streets to and within the property; 3/b/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 11 .. ! • 24. DEVELOPER shall pay a~ development, latecomer, impact or transfer fees adopted by the CITY; 25. DEVELOPER shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, and Fire and Life Safety Codes; 26. DEVELOPER shall meet all representations made by the applicant during the public hearing process; and 27. DEVELOPER shall comply with the comments, recommendations and requirements of all City departments, Ada County Highway District, Ada Planning Association, Central District Health Department, Nampa-Meridian Irrigation District, and Settler's Irrigation District. 3/6/98 PRESTIGE CARE/DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 12 i MERIDIAN CITY COUNCIL MEETING: MAY 5 1998 APPLICANT: D.W. INC. ITEM NUMBER: 7 REQUEST: AMEND DEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED LETTER ~~~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~'.~v~~ APR 2 8 f99$ CxYY 0~ lei April 28, 1998 Meridian City Council City of Meridian Meridian, ID 83642 Re: Development Agreement on Devlin Place Subdivision Dear Sirs: At this time, I am requesting that you allow me to amend the Development Agreement for Devlin Place Subdivision concerning piping of imgation ditches. Your consideration and cooperation regarding this request is appreciated. Sincerely, ~~~~_~~> Dan Wand D.W., Inc. cc: file RECE" -`'ED MAY 0 ~- 1998 CITY OF MERIDIAN emo ,~ Shag. a,yei Fr~orrn Bnxe Freddet CC: File Ree Devlin Place Subdivision Plat Attac~~ed you will find a Dopy of the final plat, revised per staff corriments, for Devlin Place Subdivision. This Dopy is just for your records. Thanks :~ From the desk of... Bracx A. Frec><leton Assistant to the City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 • Page 1 (208) 887-2211 Fa~c (208) 887-1297 +t i ~~-U April 17, 1998 Mr. Bruce Freckleton Assistant to City Engineer City of Meridian 200 E. Carlton, Suite 100 Meridian, ID 83642 Dear Bruce: RE: DEVLIN PLACE SUBDIVISION Revisions to Final Plat J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9338 APR 1 l 1998 1-iER~IAN CITY ENGINEER Per your Memo dated September 9, 1997, please find enclosed three copies of a revised Final Plat, Sheets 1 and 2, dated April 16, 1998. These updated plats show modifications that have been made per your review and site specific comments. In addition, I would like to address some of the concerns you expressed in your memo as follows: 1. The FEMA flood plain information has been added. 2. The plat sheets have been sealed by a licensed surveyor. 3. The notes have been added that you requested. 4. The lot closure sheets have been reviewed to verify that all lots are a minimum of 8,000 square feet. If you would like copies of these closure sheets, please let me know. 5. A lot frontage note has been added to-Lot 1, Block 3. 6. The 10-foot wide easement has been added to the lots in question. However, the easement was located to accommodate the position of the pressure irrigation lines. 7. The lots in question have been modified to meet the 80-foot minimum frontage requirement. 8. The Lot 2, Block 2 note has been modified. 9. The 500-year flood plain boundaries have been added. ~, ~ ~.i~ ~ Engineers Surveyors Planners • Mr. Bruce Freckleton April 17, 1998 Page 2 10. .The certificate of owner will be signed and acknowledged prior to submittal to the City Engineer for signature. 11. The Legal Description has been corrected. Please review the revised Final Plat as soon as possible. We wish to proceed with DEQ approval and apre-construction conference as soon as possible. Your consideration in this matter is greatly appreciated. Thanks for your help. Sincerely, J-U-B ENGINEERS, Inc. ~. Gary A. Lee, P.E.,L.S. Project Manager GAL:Ihc Enclosures cc: D.W., Inc. f:\projects\11298\NMID Ltr 1 ~s 1~ «~ Meridian City Council • March 3, 1998 Page 4 Bird: Everything will be ready? Stiles: Yes. Bentley: Or we will commit you. Corrie: There's something the 10th that - no, that's been cancelled. That's was over at Kuna, so I'll be here. So if you would like to do that, that would be fine. Bentley: If that's the case, everybody is agreement. I'll make a motion that item number tv~ro, number six, and number seven will be tabled until the special meeting on the 10th of March. Anderson: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Anderson that we table items two, six, and seven to a special meeting March the 10th at 6:30 P.M. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM N0. 3: FINAL PLAT: DEVLIN PLACE SUBDIVISION BY D.W. INC: Corrie: Is the representative from Devlin Place here this evening? Gary. Lee: My name is Gary Lee with JUB Engineers in Boise representing Dan Wood at D.W. Inc. As most of you know, this particular project has been approved from the preliminary plat basis, and has been scheduled for final plat for the last four or five, maybe six months. And it's tied directly to item two on your agenda this evening. That's the development agreement with Prestige. This particular piece of property is a portion of the overall project encompassed in Prestige properties. Basically Dan is here tonight hoping to acquire final plat approval, and even it's contingent upon that development agreement being acceptable to the City, and the owners of Prestige . properties,. so he can proceed with at least some irrigation tiling that he needs to get done prior to live water coming into the ditch. So I'll just briefly go through a short presentation. I know it's been a while since Council has seen this preliminary stage. There are thirty nine single family lots on this development of about 12 acres. Three common lots. It's in an R-4 zone. All the lots will be 8,000 square foot minimum. Some will be a little larger than that up to about 10,000 feet in the cul-de-sac areas. The density there is about 3.2 per acre over all on the parcel. It's surrounding on the northeast and west by R-4 zoning so it fits in that general use in that area. There's one piece of R-T or county zoning right up in the northwest corner of the property. And it's currently being used as farm ground. Fart of the Prestige development will include a future park site north. of Chateau Drive which is basically the north boundary of Devlin • Meridian City Council • • March 3, 1998 Page 5 Place Subdivision. There will be a couple of lots within this development that will be multi purpose lots for storing water drainage retention and they will be landscaped for an open space. There will also be a long slender common lot along the west boundary to include pathway for pedestrian traffic and for access by Nampa Meridian Irrigation District. That's basically the scope of the project. I know you've got the maps before you and some of the comments. We've received the City Engineer's comments on the final plat and reviewed those, and there are really no concerns that we have. We'll resolve all those issues with the City's Engineering staff. If you have any questions, I'd be glad to address those this evening. Corrie: Thank you. Council, any questions? Thank you Gary. Council? Bentley: I have a question for Gary and Shari. I know you spoke before on this, but is everything been answered and taken care of to your satisfactions on this? Stiles: Councilman Bentley, Mayor and Council, all of my concerns have been met on this project. Smith: Councilman Bentley, Mayor and Council, I haven't received a written response to the comments, but the applicant's engineer just stated that he didn't have a problem with our comments. So I wouldn't expect that we will have any problems at all. Bentley: Okay, thank you. Rountree: Mr. Mayor, I would move that we approve the final plat for Devlin Place Subdivision subject to all staff and agency comments and the completion of the development agreements. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM N0.4: FISCAL POLICY ORDINANCE: Corrie: Council, you have that ordinance in front of you with the new additions and printing. Any questions for the attorney, staff on that ordinance. Bentley: My question. is concerning the amount of time from when we close the books and give them to the auditor, is that going to be sufficient amount of time of thirty days? Crookston: That I can't really advise on because I don't have anything to do with ;pie budgeting -budget process. I don't know if that's sufficient amount of time or not. I • MERIDIAN CITY COUNCIL MEETING: MARCH 3.1998 APPLICANT: D.W. INC. ITEM NUMBER: 3 REQUEST: FINAL PLAT FOR DEVLIN PLACE SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS MINUTES FROM 1/20!98 ATTACHED ~; J G'~ ~~~, ,,,,,G~ tl~ ~ L~ o All Materials presented at public meetings shall become property of the City of Meridian. • C MERIDIAN CITY COUNCIL JANUARY 20 1998 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Come at 7:30 P.M. MEMBERS PRESENT: Ron Anderson, Glenn Bentley, Charlie Rountree, Keith Bird MEMBERS ABSENT: None OTHERS PRESENT: Mayor Robert Corrie, Wayne Crookston, Will Berg, Gary Smith, Shari Stiles, Bill Gordon, Brad Watson: MINUTES OF PREVIOUS MEETING HELD JANUARY 6, 1998: Corrie: Council, you have the minutes of the previous meeting held January 6, 1998. Are there any alterations or corrections on those minutes? Bentley: I have none. Bird: I have none. Come: Okay, I will entertain a Motion for the acceptance of the minutes, as written. Bird: So moved. Anderson: Second. Corrie: Motion made and second. Do we accept the minutes as approved. All those in favor, say yea. MOTION CARRIED: All yea. ITEM NO. 1: TABLED DECEMBER 2, 1998: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Corrie: Is the representative from Devlin here tonight to answer any questions? Shari would you like to go first? Stiles: Mr. Mayor and Council, I haven't received any additional correspondence from the applicant, but I do know that he is waiting for the development agreement to be executed with Prestige Care to outline the details of that property, and I don't think he is willing to proceed until he's got that in hand. Come: Okay. City Council January 20, 1998 Page 2 Stiles: If you would like to put it off another month, I don't think it's going to be ready for at least another month. Corrie: All right. Rountree: Mr. Mayor, would another month be through February or the end of February meeting. Stiles: The third Tuesday in February -the 17th. Rountree: Would that give them sufficient time or go March? Stiles: I think we could go March. I just would hate to see if they see suddenly took some interest in getting that done, that it would be put off it. Corrie: So, it would be the 3`~ of March. Bentley: Mr. Mayor, I move we table the final plat at Devlin Place until March 3`a. Rountree: Second. Come: Motion made and second that we table the Devlin Place Subdivision until March 3'a from the discussion. Hearing none -- All those in favor say yea. MOTION CARRIED: All yea. ITEM NO. 2: TABLED JANUARY 6, 1998: REQUEST FOR INSTALLATION OF SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Come: Shari, are they here? Shari: I believe Mr. Summers is here to address the Council tonight Corrie: All right. Summers: I represent McCall Properties who owns 7.5 acres over at Commercial west of Eagle Road. Come: Can I have your name please? Summers: Yes, Mark Summers. Come: Thank you. Summers: And are proposing to construct a warehouse building approximately 50,000 square feet on the portion of the property. We've talked with Shari, and she has indicated that we WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN 7. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Re: DEVLIN PLACE SUBDIVISION (Final Plat by D.W. Inc.) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING September 9, 1997 I have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used fornon- domestic purposes such as landscape irrigation. 3. Prior to development plan approval, submit an approval letter from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 6. Developer shall be required to enter into a development agreement with the City of Meridian. A draft copy of the development agreement has been submitted to the City for review. 7. Please address in written form all items contained in this memorandum, both General and Site Devlin 1'Iace,FP.doc Mayor and City Council September 9, 1997 Page 2 Specific, and submit to the City Clerk's office by 12:00 P.M. on Friday, September 12th. Prior to development plan approval, submit 3 copies of the revised plat to the Public Works Department for compliance review. SITE SPECIFIC COMMENTS 1. This final plat is in substantial conformance with the approved preliminary plat 2. Permanent, 6 foot-high, non-combustible perimeter fencing is required to be in place along the exterior subdivision boundary, excluding that portion of the boundary adjacent to existing developed lots, prior to applying for building permits. A letter of credit, cash, or appropriate bonding will be required for these items prior to signature on the final plat. 3. Land Surveyor preparing this plat shall affix his official seal, signature and date in the appropriate locations. 4. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 5. Add or revise the following note(s); (2.) ...time of the resubdivision. (13.) A 10-foot wide permanent public utilities, drainage, and irrigation easement is designated to be centered on interior lot lines, unless otherwise dimensioned. (14.) All buildable lots are for single family dwellings only. In addition, each single family structure shall be a minimum of 1400 square feet, excluding garage. 6. Submit to the Public Works Department verification that the net square footage of all lots meets or exceeds the minimum 8000 square feet required. The net square footage shall be determined exclusive of streets, highways, alleys, roads, rights-of--way, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. (Ord. 592, 11/17/92) 7. Add an arrow symbol to the plat legend that depicts front of house orientation. Place arrow symbol on; Lot 1, Block 3 towards N. Man O' War Ave. 8. Add 10-foot wide public utilities, drainage, and irrigation easement to the south side of the common line between Lots 1-3 and 4-6, Block 3, and Lots 1-3 and 4-6, Block 4, and to th north side of the common line between Lots 3-5 and 6-8, Block 2. 9. Lot 5, Block 3 and Lot 2, Block 4 don't meet the minimum lot frontage of 80 feet. Please make necessary adjustments to conform. Devlin PIace.FP.doc Mayor and City Council September 9, 1997 Page 3 10. Revise the note reference in the blowup detail for Lot 2, Block 2 to reference note 12, instead of note 8. 11. Show the boundaries of the 500 year flood (Zone X), near the northwest corner of the development. Add notation to identify the boundary and the ramifications. 12. Complete the Certificate of Owners and the accompanying Acknowledgement. 13. Revise the (19?59' 16") typo in the bearing call, and the reference to an iron (point) instead of pin, all in the 8`" line of the legal description body. 14. Add the missing call, between the 2nd and 3rd to the last lines of the legal description body. 15. Prior to obtaining signatures on the final plat, the developer shall pay the assessment fees and meter costs associated with any single-point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. Devlin P1ace.FP.doc WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCI M MB RS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS. ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Final Plat for Devlin Place Subdivision BY: D. W. Inc. LOCATION OF PROPERTY OR PROJECT: N. of Cherrv lane, S. of Chateau between Sunnvbrook Farms and Sunburst Subdivisions JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 _BYRON SMITH, P/Z -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES /~ OTHER: 7 YOUR CONCISE REMARKS: ED 5 ~ P - 4 1997 CTCY OF ~ERtDIA~i SU~IVISION EVALUATION ~FIEET Proposed Development Name DEVLIN PLACE CityMeridian Date Reviewed 09/04/97 Preliminary Stage Final XXX Engineer/Developer J.U.B. Enar. /Dan Wood The Street name comments fisted below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followina existing street names shall appear on the plat• "W HERBY LANE" "W. KANDICE CT. A`! ~„ "W. SANDALWOOD DR " "W. KRISTEN CT " "W JANELL ST " "W CHATEA DR " "N. TEN MILE ROAD" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE/A-GENCI~~RESENTATIVES OR DESIGNEES Ada County Engineer John Priester(~,~, ,~/~/I~~X.Gt~ Date Ada Planning Assoc. Ann Hurle Date - '~ City of Meridian Representative `?' '' Date 9`y-~17 Fire District Meridian Representative /~ Date ~~ / NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 2 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS OK ~~~f`-~_ TR\SUBS\SM_CITY. FRM SUBDIVISION EVALUATION SHEET Proposed Development Name DEVLIN PLACE City Meridian Date Reviewed 09/04/97 Preliminary Stage Final XXX Engineer/Developer _ J.U.B. Enar. /Dan Wood The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE TWO OF TWO - "N HAVEN OVE WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representative Date Fire District Meridian Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 2 Section NUMBERING OF LOTS AND BLOCK TR\SUBS\SM_CITY.FRM SEP 0 81997 ~~~' ' ~~RIC~raw ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 ill Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Final Plat for Devlin Place Subdivision - D. W. Inc. Dear Commissioners: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the west boundary of the project. The right-of--way of the Rutledge Lateral is 40 feet; 1 S feet to the right and 25 feet to the left of center facing downstream. The District's Davison Drain also courses along the west boundary of the project. The right-of-way of the Davison Drain is 60 feet; 30 feet from the center each way. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The developer must comply with Idaho: Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din cc: File -Shop File - O,,B'ice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 3 September 1997 • • ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 September 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary A. Lee, P.E. /L. S. Boise 343-1884 J-U-B Engineers, InC. SHOP: Nampa 466-0663 250 S. Beechwood, #201 Boise 345-2431 Boise, ID 83709 RE: Land Use Change Application for Devlin Place Subdivision Dear Gary: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, ~C . ~~~~~ Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent D. W., Inc. City of Meridian enc. ~o0p~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 09/10/97 09:11 '~'20~3 9338 J-U-B ENG. BOISE ~ 1~j001/001 J•U•B ~ENGINEER$, Inc. ~~g f ENf'aINF.ERS • SUFtYEYdRS • PLfUVNERS .~~''r' 250 S. Beechwootf Avenue. Sui>~ 201 eoiae, ID 837©9y0944 FAX: 206!32$-9336 2081376-7330 TO: T'~lL~~~MM~i1~~eC~,TA~rI 'Y'.I~~~IYTT~,L Stiles FAX Number: $$7-1297 ~ ~-~-,~j~! ~> COMPANY: Ci of Meridian Public Works D t.. ~ G ~ .. FROM: Qrary ,n, A.l'.,ee P.E./L.S. c/r,~ SUBJECT: DBVY.YN 1}LA,CE FINAL PLAT APPLICATION Tate: Seytember 10, 1997 Time: 9:12 A1Vt Y'ages (including this page): MESSAt~E: Bruce clt Shari: The Developer of Devlin Place, Dan Wood, has notified me this morning that he would like to request that t1u City Council table his request for a final plat ap rove!. The final plat was to be heard on Sept. 16,1997. He would like to have the plat tabled for 2 to 3 months or until such time that Prestige has completed their development agreement with the City conceirnint~ the Meridian Assisted T-lousing yro'ect on Cherry Lane Road. Please let me la>.ow if this fax is suffcierax for you to table this agenda item. Thanks. Qrary cc: Dan Wood, 331-644$ If you do not receive all of the pages, please call 208/376-7330, or notify by FAX: 2081323-9336. MERIDIAN CITY COUNCIL DECEMBER 2 1997 The regular meeting of the Meridian City Council was called to-order by Mayor Robert D. Cowie at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Glenn Bentley, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Bill Humphrey, Ronald Van Auker: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 18, 1997: Con-ie: Are there any corrections? Tolsma: I move they be approved as written. Morrow: Second Cowie: Motion made they be approved as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED SEPTEMBER 16, 1997: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Marrow: Mr. Mayor, there is a letter in our packet in our box tonight from Dan Wood D. W. Inc. requesting this be tabled until January 20, 1998. I would move that we table to January 20, 1998. Rountree: Second Cowie: It has been moved and second that we table the final plat for Devlin Place Subdivision until January 20, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Cowie: Walt do we have that? Morrow. We are still waiting (inaudible) I think it would be appropriate to table this to our first meeting, actually we are supposed to be seeing that irrigation ordinance according to the information from our strategic planning on Tuesday last right away. So let's table this to the 16~' of this month and we ca: ~ act on it after wee have dealt with the irrigation ordinance. LJ ~~ MERIDIAN CITY COUNCIL MEETING: DECEMBER 2.1997 APPLICANT: D.W. INC. ITEM NUMBER: 1 REQUEST: FINAL PLAT FOR DEVLIN PLACE SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~n ~S~ V I~~~ X ~ S ~~ OTHER: b ~ ~G~ ~p ~`N ~~. V All Materials presented at public meetings shall become property of the City of Meridian. C~ MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16 1997 APPLICANT: D.W. INC. ITEM NUMBER: 12 REQUEST: FINAL PLAT FOR DEVLIN PLACE SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS ~v "REVIEWED" ~/ I/ SEE ATTACHED STS ~ ~ i" ~~ V ,4 ~~ ~w ~s SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: 1~1 Materials presented at public meetings shall become property of the City of Meridian. DEC-02-1997 16 58 I December 3, 1'997 HOLLAND R E 208-336-3393 • • P.02 Cr~C-2i5~7 ~"~'' ~~ ~i~:~~lA~i T0: ~+layor Robert Cowie I~lleridian City Council I FROM: Dan Wood, D.W., Inc. ATTN: Will Berg RE: ~inal Plat Approval for Devlin Place I am requesting that the city council table final plat approval of Devlin Place until their January 20, 1998 meeting. This project is on hold until the landowners (Prestige Care Inc.) deed park of their parcel to the city of Meridian for a neighborhood park. `~ Daniel A. Wood D.W., Inc. DEC 02 '97 16 23 TOTAL P.02 PAGE.02 HOLLAND R E208-336-3393 FAX COVER SHEET DATE: FAX #: TO: FROM: NUMBER OF PAGE5: REMARKS: ! ~-/~ /G w .~ ~,-..~ ~ r '~.~r--r•~~ (including cover shee#) P.01 ~, Please call if you do not receive all pages indicatedi TWANK YOU! ^ 'Boise office 336-3393 FAX 343-'5046 o Eagle office 939-3363 ~iO~~~D FAX 939-3366 DEC 02 '9? 16 23 PAGE.01 Meridian City Council i September 16, 1997 Page 15 MOTION CARRIED: All Yea ITEM #12: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION, 43 LOTS BY D.W. INC.: Corrie: Is there a representative from D.W. Inc. here this evening? Council discussion? Morrow. Mr. Mayor, Gary and Shari D.W. Inc. is Dan Woods is it not? I guess consistent with our policy I would like to hear him make a presentation. Stiles: Mr. Mayor and Council (Inaudible) Rountree: Mr. Mayor, t would move that we table this item until our December 2"d meeting. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to table the final plat for Devlin Place Subdivision to December 2"d, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie; I will open the public hearing, however, Shari I understand you have a (inaudible) to table this one as well. Stiles: Yes, Mr. Mayor and Council they requested that the public hearing be continued to the 7th as their representative was unable to be here tonight. And because of the issues with regard to the ordinance. Morrow. Mr. Mayor I would move that we continue the public hearing for Golfview Association Limited Partnership to October 7th Corrie: Before I get a second on that is there anyone here from the public that wants to testify at this time on this particular item? I will take the second riow. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to continue the public hearing to October 7th, any further discussion? All those in favor? Opposed? WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor rOUNGIL MEh"BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS. ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: __ September 9. 1997 TRANSMITTAL DATE: 8/28/97 HEARING DATE: 9/16 /97 REQUEST: Final Plat for Devlin Place Subdivision BY: D. W. Inc. LOCATION OF PROPERTY OR PROJECT:__ N. of Cherrv lane. S. of Chateau between Sunnvbrook Farms and Sunburst Subdivisions JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) RON MANNING, P2 ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT ~ ~~ `~ OTHER: / FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY ~ Eu~ L ~~ CITY ENGINEER CITY PLANNER ~ ~ Tra ~;Q~ Q ~ ,p , I~~'C~1 iF~ i t497 CENTRAL C •• DISTRICT 'RHEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTMENT Environmental Health Division QEGE~VE~ SEP 0 4 1997 CITY ~I: MERIDIAN Conditional Use # Preliminary final hort Plat r~~V~ J~ i~LacE ~~~/S/~•} Return to: ^ Boise ^ Eagle ^ Garden City ®,Meridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. .® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water }~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water ,~ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. c~~ cs 0 !LM l~~fi!~~ /2 Unl -' y/=~ S~~i o /~G~ ~~ ~.J / ~ ~ ° ~ Date: ~l 3 /~ ~~~ Y/4TH' ~/yf ~~i R i /S w~'"~~"~ Reviewed By: CP c/sKa ry Sc^r1s'i T/ /~ Review Sheet (DHD 10/91 rtb, nv. 1/91 ,'~°' '' f