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Home My WebLink AboutGranite Creek Subdivision 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor • 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 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: Julv 29. 1997 TRANSMITTAL DATE: 7/10/97 HEARING DATE: 8/5 /97 REQUEST: Final Plat for Granite Creek Subdivision BY: Kevin Howell Construction LOCATION OF PROPERTY OR PROJECT: South of E. Ustick Road. North of Finch Creek Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z 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 & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: y ~ ~ --~ REG~UEST FGR SUBL>I JISIGN APFRGVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZGNING CGMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than tr,ree days iollawing the regular meeting of the Planning and Zoning Commission. The Planning ar~d Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are -received beYOre 5:i4fo Y. M. , Thursday fallowing the Planning ar,d Zoning Commission action. '~ GENERAL INFGRMATIGN 1. Name of Annexation and Subdivision, _ C;~VL'~.u1(}-~ ~~r?Ej~ S ~,~-~~ G~i1(1S ! ~'l. 2. General Location, ~Q(~-~11~V1 ~ ~ T ~.;, ~~ ~ . ~,~,. y~ f'.~' I (~.,LLl,titi 3. Owners of record, KeV1,~~ {~. 11"C~~~.'~.i( (~R'l.i~ ~~IT~UIi' l< IIC~ZI~ Address,~~~ lU IZ`vt~V~~ ~{ i!{ ~S, ,Zip~37;~ Telephone ~~3- +~30~ 4. Applicant. Kf ~'i l;l itl' L~.,'r i 1 ` n~7< f _ Address. _I (~~~ I;l-~ fZ1~~t° I~~, ~I,( ~-r' ~~~ 5. Engineer~~~}~(~~ C _ ~t1~.6'~L,l~ Firm L-~tl,~~v)It', ~Vl~(,4/I P2N' ~ ~_~/)',. Address ~5~1; ~Q.f~1 ,( '-~~1~.~'~f , Zip ~~~1 li~i Telephone 3~-~ - ~°]°I `~, 6. Name and address to receive City billings: Name ~L~['(~ Lf" Address_ 1 ~~~ ;,l' ~(~~ ~~,{~',~y~ Telephone 3~3 ~ ~{ 36 ~, PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres ~ . ~I F~~ ~P~ 2. Number of lots ~__~~1.,~(~_A ~~(~ (~,~~~ 3 CC~NI-j1'LII~ ~ • 3. Lots per acre 7_`(~ ~ ~. Density per acre 3.~5 5. Zoning Classif icationts) ~-~ .~ • • 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdicti~ Qnal mile, hat is the existing zoning classification N(?~- ~~~y~l~(~l~~~~ 7. Does the plat border a potential green belt IJ~ 8. Have recrea±ional easements been provided for ~~ 9. Are there proposed recreational amenities to the City~Q_ Explain 10. Are there proposed dedications of common areas? ~PS Explain tiL.IiYbt~1~1.~5Y1, IGI.I~~(~(.t~n,P, I(9~t D~~LD,I, ~~`1Ml~l~t.~l)t~l ~1~1~ ~iN ~ ~ ~ ~,V~2i ~~S~.UV~ ~bt.~- For . future parks? ~,ID Explain_ ~ j~ 11. Wriat school t s ) service the area ~~ I ~~_.~/Yl~~ , do you propose any agreements for future school sites ~,)(~ Explain ~ f~ 12. Other proposed amenities to the City ~ Water Supply X Fare Department SQ-~t.l--f t,~.y~~,g S ~,(,l~' Q,~ Other Explain L:s. Type of Building (Residential, Commercial, Industrial ur combination) 12~~i~,~~,(~,~((,(,~.; 14. Type of Dwellir~,g (s ) Single Family, Duple:tes. Multiplexes, other ~-(;Vl (~ I P ~-fh .4M 1 D~ A 15. Proposed Development features: a. Minimum square f ootage of lot t s) , (L ~ ~(;(~~(,~(k ~~ ~(~~(~' b. Minimum square footage of structure (s) ~~ 5 i,~ C;}" c. Are garages provides for, ~S square footage ~C. ~~ d. Are other coverings provided for ~%~ e. Landscaping has been provided for ~5 , Describe ~~ua`S ~~''~ ~ u i r~ ~ I ~~~~~ ~~ ~ ~~~ ~Tn~ ~C4~ rat tc.~~ ,~,~ A I Ot c2) • • ._` 1 f. Trees will be provided forj~j;~, Trees will be maintained ~ Lk • ''" ..l"~- ~ S ~C~f~ C~ UL{,l.~~X ~ 'fl~l~s ~~ =r~C,VI I~"LI,U~..~u~~ lD'~ , g. Sprinkler systems are provided for ~P~/~ h. Are there multiple units ~i~ Type ti~~ remarks_~~1~ i. Are there special set back requirements 1~;~ Explain ti ~ j. Has off street parking been provided for ~„~ . Explain ~,~ k. Value range of property ~ ~~ril~~ ~ ~15~1~0~ 1. Type of financing for development _ Stz~~.rCC~ m. Protective covenants were submitted . Date .~'I.~ I Ul 1 16. Does the proposal land lock other property 'vD , Does it create Enclaves ~~ STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ?. Proposed use is in confor•mar,ce with the City of Meridian Comprehensive Plan. :~. Develapmer,t will connect to City services. ~. Development will comply witr, City Or•dir,ances. 5. Preliminary Plat will include all appropriate easements. S. Street names must not conflict with City grid system. t3) KE~ HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 June 23, 1997 City of Meridian Ms. Shari Stiles, Planning Director 33 East Idaho. Meridian, Idaho 83642 Re: Granite Creek Subdivision Dear Shari, I hereby submit the attached final plat application for your review then scheduling for the next available City Council meeting. Granite Creek Subdivision has a zoning classification of R-8 and is comprised of 5.81 acres. The development contains 23 lots, 20 buildable and 3 common providing a density of 3.44 dwelling units per acre which is well within the parameters of the R-8 zone. As you will note the approved preliminary plat contained 21 lots (20 buildable and 1 common), the reason for the two additional lots in the final plat is that the NMID Finch Lateral easement was put into a common area lot (Lot 1, Block 2) as requested by staff and N. Boulder Creek Place was shifted slightly to the west creating an additional common (Lot 5, Block 1} on the subdivisions easterly boundary. Sanitary sewer and domestic water mains will be extended to serve this development. Pressurized irrigation shall be provided to each lot and the Nampa & Meridian Imgation District shall own, operate and maintain the system. The streets are proposed as public streets and will conform with Ada County Highway District standards and the Meridian City Ordinance. All sidewalks within this subdivision will be five feet in width. Permanent fencing shall be provided around the perimeter of the development, the perimeter fence along the developments southerly boundary shall be constructed of non-combustible material. The condition to provide a temporary turn- around at the end of N. Sharptail Street has been waived by staff because the Meridian City Fire Department has stated in writing that they do not need the temporary turn-azound. This final plat is in conformance with the approved preliminary plat and conditions thereof, the Meridian City Ordinance and Comprehensive Plan and acceptable engineering and surveying practices and local standards. Thank you for your time and consideration and please do not hesitate to call me if you have any questions or concerns. Please notify me at your earliest convenience of the City Council meeting date that this final plat will be heard. Sincerely, ,~a,ce~- P~,~~n~ Tracey Persons Project Manager c: \graniteck\004. doc • The Grancecs horo;n 6e•,o; ~ Land approved the following: _~~_ ~r^r Title File No.: B94-27771 WARRANTY DEED FOR VALUE RECEIVED CHARLES E. WELLS AND MARY BETH WEI.I.S, HUSBAND AND WIFE GRANTORls1, doesldo) hereby GRANT; BARGAIN, SELL and CONVEY unto KEVIN A. HOWELL AND IRENE K. HOWELL, HUSBAND AND WIFE GRANTEESIs), whose current address is: 3451 PLANTATION RIVER DRIVE, BO15E, ID 83703 the following described real property In Ade County, State of Idaho, more particularly described as follows, to wit: ~ I} ~ 6 ~ ~ (~ r} That portion of the Northwest quarter of the Northeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly doscr%bed as follows: ~ =;1 G ;; itt%f n From the common corner of Sections 5 and 8, Township 3 North, Range 1 Ea~~IS~ li) and Sections 31 and 32, Township 4 NoRh, Range 1 East, Boise Meridian, a distance of 1.593 feet on a bearing of i•l?e$I_ T4'I1,G ~ ESI;FICYvY South 89°58.7' West to t_ne PLACB OF BEGINNING; thence rat} JUi~ J J f'ii~ ,i J? South a distance of 452 feet; thence North 89°58.7' Fast a distance of 105 feet; thence 77 South a distance of 450 feet; thence FEt..a~.<<~.-•- •~ -•- South 80°52' West a durance of 200 feetr thence RGCOi;i;l'l r-i .~ E Raal'ST OF South 61°oe• West a distance of 152 feet; thence North 0°00' East a distance of 1,007.0 feetr thence North 89°58.7' Easr. a distance of 225.6 feeC to the PLACfi OF BEGINNING. EXCEPT for ditch and road rights-ol-way. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Granteels-, and Granteels) heirs and assigns forever. And the said Grantorfsl doesldol hereby covenant to and with fire said Grantee(s), ttrat Grantor(s) Islare the owner(s) in foe simple of said premises; that Bald premises are tree }rem all encumbrances, EXCEPT those to which this conveyance Is expressly made subject and those made, suffered or done by the Granteels); and subject to reservations, restrictions, dedications, easements, rights of way antl agreements,lif any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any/ for the current year, which are nut yet due and payable, and that Grantorfsl will warrant and defend the sarne from ail lawful claims whatsoever. Dated: June 29, 1994 Charles E. Wells Mary B Wells STATE OF Idaho ,County of Ada , ss. ._... On this 29th day of June ~in the y 1994, before ma, thr, undersigned, a y r~ f d for said State, personally appeared ~' d ooN•o Charles E. Wells and Mary BetEt~l~T~ll6' ^~• * ,••°•C`4'~'~AM..,~~.,. ii Y '~ known or identified to me to be gte persons whose names ,` are subscribed to the within instrtirr~n and acknowledge to me that they, ex the san'fp o /~/7 ~ Signature - ~ ~-Li~ d•'',' ; qt', Name: Pam Graham •4 ~'r1'A'h13 p`f ,•.~~^, Residing at: Boise ~ •~~hunwr"~•' My commission expires: 03/13/97 Boise Title & Escrow, Inc. ~/~k.:~U~~d..,~~~t~.f~.~ MA~~'-07-199 7 19 ~ 55 HUEELE EFJG I NEEP. I FJG 1 ?09 379 03?9 P.02i93 • ~ 4 ~(_~ V V b 3~'O . ~~~ W 7•YN.. 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River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 Transmittal Letter For: Delivery (/ Pick Up To: Attn: Project Date: CQ ~ ~ 3 ~ `~ 7 We are sending you attached ~as requested ^ under separate cover, via the follo~nnng items: construction Drawings ^Preliminary Plat ^Final Plat ^Letter ^Miscellaneous " 3 SE-i~. These are transmitted as checked below: ^ For bid use ^ Approval ^ Returned for corrections ,~FOr review and comment Comments ^ Use ^ Information ^ Record . ~ .. ~ , ..A ~. Copy To: ~ ~ ~.t ; ~~(4~~!Q%~F Signed: L .C ~ ~ L Tracey Persons, P jest Manager KEVI~OWELL CONSTRUCTION • General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 Transmittal Letter For: Date: ~.P ' a 3 ~ ~ ~ Delivery fi Pick Up To: ' Attn: Project ~ ~1,~'J We are sending you attached ^ as requested ^ under separate cover, via the following items: ~liConstruction Drawings ^Preliminary Plat /final Plat ~ ~%~a~ ^Letter ,Miscellaneous " These are transmitted as checked below: ^ For bid use ^ Approval ^ Returned for corrections ^ For review and comment ,~; Use ^ Information ^ Record Copy To: Signed: ~~ Tracey Persons, P jest Manager ~ ; Meridian City Council December 2, 1997 Page 13 Morrow. Mr. Mayor 1 would like to make a motion that we nominate a committee consisting of Councilman Rountree, Councilman-elect Bird, Mayor Corrie to meet with the City Attorney Crookston to explore our options with respect to the extension of the sewer line and meet with the one property owner Elixir Industries to explore the avenues of extending the sewer line through that property. Authorize that committee to negotiate on behalf of the City. Tolsma: Second Corrie: Motion made and second, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: I don't see an item on the agenda but I believe City Cterk Berg received a letter from Great Western Chemical Co. requesting City approval of a septic tank installation. (End of Tape) (Tape Inaudible) Van Auker: (Inaudible} this inrould all be funded by private dollars. And in the instance of the potential of what we are talking about condemnation we are not requesting that they participate in the today's cost that would be fronted and then the City could recover that back for the people to put up the money in the latecomers fees. So for the benefit of everybody this is not, we are not asking the City to pay for any portion of this. That is all done by private money. Thank you very much. ITEM #8: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION: Corrie: City Attorney have you reviewed these? Crookston: I reviewed them for last meeting, I had one comment and Will Berg and t discussed it today and now I can't remember what my comment was. Berg: It dealt with the square footage of the house and we looked it up in the development agreement and the zoning with Shari last week and it was okay. Crookston: That is the only comment I had. Corrie: Any questions from Council? We will need the City Council approval. Morrow: Mr. Mayor, t move that we approve the covenants, conditions and -estrictions for Granite Creek Subdivision. t ~ Meridian City Council December 2, 1997 Page 14 Rountree: Second Cowie: Motion made and seconded that we accept the covenants, conditions and restrictions of Granite Creek Subdivision, any further comments? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: WATER AND SEWER LATE COMERS AGREEMENT FOR SUMMERFIELD SUBDIVISION: Cowie: Counselor, you have the drafts of these two and I presume they are in order? Gary any comments? Smith: No I don't Mr. Mayor. Crookston: The only comment that I do have on both the water and the sewer late comers agreement is it states in paragraph 11 of the water late comers agreement, it is the last paragraph again it is 11 in the sewer, it says that this agreement may be renewed by mutual agreement by the City and the Developer. Our current ordinance for late corners agreement does not allow a renewal. So if you desire to have that I think we should change the ordinance so that it does allow that. Morrow. Mr. Mayor, my comment on that is that Mr. Crookston is correct, we did have a discussion in our planning session concerning the restructuring of the latecomers agreements. Essentially we discussed in those sessions the renewal option, we discussed what was to constitute cost for reimbursement (inaudible) cost of easements and so on and so forth. We discussed profit margins, acceptable profit margins, others Mr. Smith that we discussed? Smith: I don't recall any other issues Councilman Morrow. Morrow. In terms of restructuring that I am in total agreement that we need to adopt of modify the existing ordinance to reflect those things. With respect to and I am not exactly sure how to do that but with respect to this latecomers agreement and Mr. Voigt this was prompted by an inquiry to me by one of Mr. Voigt's representatives and in researching this it has taken us over two years to get this late comers agreement in effect so that Mr. Voigt could receive his reimbursement. That is clearly outside the acceptable range of performance by the City in my opinion. So I want to see us act on this and begin to get him his monies. Very candidly as a City if we can't start performing better folk are not going to be willing to extend services that benefit us at their expense because their money is not returning to them in a timely manner. We had the same issue with the luelson MacAlvain late comers agreement on Eagle Road. So I don't have a problem with adopting this ordinance or this late comers agreement as it is written if • MERIDIAN CITY COUNCIL MEETING: DECEMBER 2 1997 APPLICANT: ITEM NUMBER: 8 REQUEST: COVENANTS CONDITIONS AND RESTRICTIONS FOR GRANITE CREEK SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: .~-~ MERIDIAN POST OFFICE: ~[~ ADA COUNTY HIGHWAY DISTRICT: V ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. V~,~ ~' ~I ti [V'~1,x~ LO l~ 35 U „a~- ~- ~L~ N OV 1 0 1997 C~~~ a~ ~~~ z~/ DECLARATION OF Ci~Y OF ~lE~II~IAN P~?e~a.~e.. re ~~ ew- - n,cecC 7~ ti,a.ve C~ C' ~~pra/a,U COVENANTS CONDIT ONS AND RESTRICTIONS F_26. GRANITE CREEK SUBDIVISION THIS DECLARATION OF COVENANTS, = .. CONDITIONS AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION is made effective as of the day of AUGUST 1997, by Kevin Howell and Irene Howell (hereinafter "Grantor" or "Declarant") whose address is 1087 West River Street, Suite 250, Boise Idaho, 83702. ARTICLE 1: RECITALS 1.1 Property Covered. The property subject to phis Declaration of Covenants, Conditions and Restrictions (I`~ereinafter referred to as "Declaration" or "CC&R's") is that property ire dada County, State of Idaho, which is contained in Granite Creek Subdivision and legally described on Exhibit A attached hereto. .1.2 PurQOSe of Declaration. 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 in this subdivision shall be held, sold, transferred, encumbered, leased, used, occupied and ir~~proved subject to these CC&R's. Each owner accepting a deed to any of the property agrees that these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. ~~- - - CENTRAL ~ ~ '~CZ ~ ~ 1997 •• DISTRICT DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8~C". To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-693 October 17, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Granite Creek Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on October 17, 1997. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, .,~i~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD Kevin Howell Construction Hubble Engineering ~~City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise. ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore Counfy Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health:587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 i«1 -a. r ` Meridian City Council August 5, 1997 Page 7 Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to accept Ordinance #766 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED; All Yea ITEM #8: FINAL PLAT FOR GRANITE CREEK SUBDIVISION, 23 LOTS AND A DEVELOPMENT AGREEMENT BY KEVIN HOWELL CONSTRUCTION: Corrie: Is a representative of Kevin Howell or a representative here tonight. Tomlinson: Good evening Mr. Mayor and Council members my name is Rich Tomlinson, I work with Hubble Engineering. I don't know too much to talk about, it is the same plat that you guys approved a couple of years ago. I believe you have a copy of a letter from Tracy Persons addressing staff comments from last week. There was really nothing that we didn't agree with or needed to change. Bentley: Mr. Mayor, I have a question for Gary, have your site specific comments and all of your questions been answered satisfactorily? Smith: Yes they have. Morrow. Mr. Mayor I would move that we approve the final plat for Granite Creek Subdivision subject to all compliance with all staff conditions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the final plat for Granite Creek Subdivision with the approval of the staff, any further comments? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Counselor, do we need that development agreement approved as well is that correct? Crookston: That is correct. Corrie: Okay Morrow. I have a question .for the counselor with respect to the development agreement, you have reviewed the development agreement and found it to be satisfactory? . ,. ~+ "' ~ Meridian City Council August 5, 1997 Page 8 Crookston: I have Morrow. And your recommendation is to approve it? Crookston: That is correct. Morrow. Okay, if there are no further questions Mr. Mayor I am prepared to move that we approve and adopt the development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the development agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Corrie: Is Mr. Boesiger or a representative here? At this time I will open the public hearing. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is a request for a variance on the Dakota Ridge Subdivision, it was discussed and heard as a preliminary plat during the last City Council meeting. We are requesting a variance of the 80 foot lot frontage on three lots. This lot 18 here, Lot 18 Block 3, Lot 4 and 5 of Block 6. For the members that were not present I think Councilman Bentley was absent, we have this micropath coming in at an angle in order to give this particular lot the adequate frontage requirement. Staff recommended that we straighten this lot out, we have also got a sewer trunk line that is existing that runs down through this property that goes into the Lake at Cherry Lane. Staffs comment was the thought that it would be a good compromise in order to keep this pathway straight. Secondly the fact that this lot is 16,271.8 square feet so it far exceeds the 8,000 square feet. These two lots the sewer line comes through here, we have to keep a separate lot for that trunk line. It is a 15 inch concrete sewer main. Therefore keeping that in a separate lots .prohibits us from trying to get any frontage out onto the public right of way. Ada County Highway District did review this concept of a shared driveway, they consented to it based on the fact that we would have this as a separate lot under the ownership of the association and a perpetual ingress/egress easement to run with the land would be forever granted to these two lots so they could never be denied access tot their property. Our intent is to pave, it is 30 feet wide we would pave it and then we would put curb and gutter to keep our drainage coming back into the street so it doesn't sluff to the lots or to the south to the Lake at Cherry Lane. One of the questions from :7 MERIDIAN CITY COUNCIL MEETING: August 5.1997 APPLICANT: Kevin Howell ITEM NUMBER: 8 REQUEST: Final Plat for Granite Creek Subdivision. 23 lots -with Develoament 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS Iit;~~i~ll~'i'1~~~i SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 MEMORANDUM: Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Z~~ Shari Stiles, Planning & Zoning Administrator ~~' Re: GRANITE CREEK SUBDIVISION (Final Plat by Kevin Howell Construction) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & 2 COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING July 30, 1997 We 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 for non domestic purposes such as landscape irrigation. 3. 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. G,anite cre~k.>~r.ao~ Mayor and City Council July 30, 1997 Page 2 7. Please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office by 12:00 P.M. on Friday, August 1~`. Prior to development plan approval, submit 3 copies of the revised plat to the Public Works Department for compliance review. SITE SPECIFIC COMMENTS This final plat more or less conforms to the approved preliminary plat. The developer and/or his representative has been working with the Ada County Highway District to resolve issues related to future development of the adjacent unplatted parcel. At this time ACHD is requesting a modification of the right-of--way so that it would be directly adjacent to the subdivision boundary. Any lots that would be developed in the unplatted parcel adjacent to N. Boulder Creek Place would then have access. Staff will work with the developer's engineer to install sanitary sewer and water services to these future lots. 2. Show the centerline of the relocated South Slough (Finch Lateral) on the final plat. The Nampa & Meridian Irrigation District indicates in their written comments to the Meridian City Council that the Finch Lateral has an 80 foot wide right-of--way, 40 feet each way from the centerline. The lots as shown would encroach upon the right-of--way, based on the centerline shown on the final plat of Finch Creek Subdivision. 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, 11117192) 3. 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 lots in Finch Creek Subdivision, 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. 4. Land Surveyor preparing this plat shall affix his official seal, signature and date in the appropriate locations. 5. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), temporary emergency access, and fencing are to be installed prior to obtaining building permits. 6. Add or revise the following note(s); (4.) ...time of resubdivision. 7. Staffwould recommend that the temporary emergency access across lots 7 & 8, Block 1, be utilized for construction traffic. This would keep traffic from having to travel through c~u c~~.Fr.a~ Mayor and City Council July 30, 1997 Page 3 existing residential areas (Finch Creek and Howell Tract Subdivisions). Signs should be posted at both ends of the access that state the purpose and restrictions for access. 8. This development is to be served from an existing water main installed as part of the Finch Creek Subdivision. At this time the City of Meridian does not have a water main in Ustick Road adjacent to this development. This developer shall be responsible for payment to the City, the equivalent of the installation costs for 105 feet of 12 inch diameter water main. This money would then be used by the City at a later date when the mainline is installed in Ustick Road. c~~ c~x.~.a~ Wi~~-IAM G. BERG, JR., Clty Clerk •!A";ICE 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAl~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Pablic WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor 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 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: July 29. 1897 TRANSMITTAL DATE: 7/10/97 HEARING DATE: 8/5 /97 REQUEST: Final Plat for Granite Creek Subdivision BY: Kevin Howell Construction LOCATION OF PROPERTY OR PROJECT: South of E. Ustick Road. North of Finch Creek Subdivision 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 GASP ELIM 8~ FINAL PLAT) BUREAU OF RECLA N( ELIM 8 FI L LAT) CITY FILES OTHER: .. f YOUR CONCISE REMARKS: 'i~D J t~ L 1 4 1997 CIfiY ®F` ~~R~I~,1A~ OFFICIALS IAM G. BERG, JR., City Clerk E 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 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 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: Julv 29. 1997 TRANSMITTAL DATE: 7/10/97 HEARING DATE: 8/5 /97 REQUEST: Final Plat for Granite Creek Subdivision BY: Kevin Howell Construction LOCATION OF PROPERTY OR PROJECT: South of E. Ustick Road. North of Finch Creek Subdivision 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 S, .t// i~ ~ Q ~.~- O/'cfL ~4.~ iwC / S S pr/d~, ~UwA-~ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~ECE~ V ADA PLANNING ASSOCIATION Ep CENTRAL DISTRICT HEALTH I ~ ~ I ~ 5 X99 NAMPA MERIDIAN IRRIGATION DISTRICT 7 SETTLERS IRRIGATION DISTRICT ~:ITY ~~ +~ERIDIA~a IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES ~ ~~` ~ n OTHER: / / YOUR CONCISE REMARKS: • • ,~ SUPERINTENDENT Dr. Bob L. Haley July 14, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Granite Creek Subdivision Dear Councilmen: J ECEIV~p ~wITYOF MERIDIA(~ I have reviewed the plat for Granite Creek Subdivision and find that it includes approximately 23 homes assuming a median value of $100,000. We also find that this development is located in census tract 103.11 and in the attendance zone fdr Chief Joseph Elementary School, Meridian Middle School and Eagle High School. Due to overcrowding, elementary students from Granite Creek Subdivision will be bused to Ustick Elementary. We are concerned there are no pedestrian walkways to Ustick Road from this development which forces us to bring buses into Granite Creek to pick up students. Is it possible to place pedestrian walkways through to Ustick Road so pickup points could be placed on Ustick? Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 7 middle school aged children, and 6 senior high aged students. This development will cause additional overcrowding in all three schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Even though we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, ~-~~ Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann S~IVISION EVALUATION~HEET Proposed Development Name GRANITE CREEK SUB City1\Aeridian Date Reviewed_07/17/97 Preliminary Stage Final XXX Engineer/Developer Nubble Enar /Kevin How ~l 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. The followina existing street names shall aRpear on the plat• "E TICK ROAD" "E STORMY DRIVE" "E SHARPTAIL STREET" The followina proposed street name is approve and shall appear on the plat "NORTH BO LDER CREEK PLACE" 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, GE CY RESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~ Ada Planning Assoc. Ann Hurley Date - ~-- / City of Meridian Representative ~J• . / ~ - Date ?-/ 7- 9 7 Fire District Meridian Representative ~~ Date 7 ~~' 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 E 6 Section NUMBERING OF LOTS AND BLOCKS OLD ~~7~9~ TR\SUBS\SM CITY.FRM T"T ~1~t~tban tos 1 7 1997 ^ Boise ^ Eagle Rezone # ~ITYQFMERIDIAf~ ^ Garden city Conditional Preliminary •~Meridian ~+' ^ Kuna Plat C7 ~N/ ~ C'{~~~/C ~y6D~Y'/<I/vi./ ^ 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 ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning dte depth of: ^ high seasonal ground water ^ solid hva from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construttion 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. St~r~Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store S. ~c RE~'o,~„~-, ~i /D -s' ~ o ~ .ti ~/~+-i~iZ `'yN - v Fig ~[_ o v~! Date: ~_/ ~ s ~ % 7 /y'v ~-a ,a- cji^~s~y SG~..tLE Qc~ox ~ ~isc/,~^rrr~c 7a Reviewed By: ~ ?!ice S~/6~s'v~~aeF . Review eet cosh iw~ .a, M. im CENTRAL CENTRAL DISTRICT HEALTH DEPAEZTFIENT •• DISTRICT Environl~nenol Hahh Division ~~L HEALTH JUL DEPARTMENT .~ ~~ I. 2 1 1907 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 17 July 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 ill Berg, City Clerk SHOP: Nampa 466-0663 City Of Merldlan Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Final Plat for Granite (,'reek Subdivision -Kevin Howell Construction Dear Commissioners: The Nampa & Meridian Irrigation District's Onweiler Lateral courses along the south boundary of the project. The right-of--way of the Onweiler Lateral is SO feet; 1S feet to the right and 35 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF--WAY NOT 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. Sincere , ~~ ~!a>-- Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent ~~ITYOF MERIDIAr' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 M 'ha~yui ~i ~Zi~cicl~a~ ~n~riyQtia~ D1~auct 1503 FIRST STREET SOUTH NAMPA, IDAhlO 83651-4395 FAX # 208-888-6201 James C. Merkle Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 Phones: Area Code 208 - OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Granite Creek Sub. Dear Mr. Merkle: 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, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Kevin & Irene Howell City of Meridian enc. ~' , ~.~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 18 July 1997 ** TX CONFIRMAT~~REPORT ** AS OF JUL 30 '9~1~25 PAGE.01 CITY OF MERIDIRN DATE TIME TO/FROM 04 07/30 11 24 1 208 3?8 0329 Dsfit-IY° Fax NDte 7671 (Date 7-'~\ ~Pa~9~_3 To ~ - From Co.lDept. Co. pho~ g Phone ae Fate R ?, ~ _ O 2`f Fax a rqI t t qr wOLFK1EL. DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' CORDON, polka Cnlel WAYNE G. CROOKSTON, JR., Atlomey MEMORANDUM: ROBERT D. CORRffi Mayor COUNCIL MEMBERS WALT W. MORROW, Presitietft RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P B, Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACOOY KEITH BORUP RON MANNING July 30, 1997 To: Mayor and City Council From Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning 8t Zoning Administrator ~S Re: GRANITE CREEK SUBDIVISION (Final flat by Kevin Howell Construction) We have reviewed this submitta] and offer the following comments, as conditions of the final plat. These conditions shall be considered in fuU, 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 is this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate ilrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non domestic purposes such as landscape irrigation. 3. Submit an approval letter from the entity having jurisdiction over design and construction of the pressuri2ed 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 ageement with the City ofMeridian. A draft copy of the development agreement has been submitted to the City for review. MODE MIN/SEC PGS CMDt# STATUS EC--S 01'02" 003 214 OK TREASURE VALLEY od Place to Live MERIDIAN 'BAST 1DAH0 AN, IDAHO 83642 Phone (208) 888.4433 • FAX (206) 887-4813 Public Works/Buildeag Department (206) 887-2211 Motor Vehicle/Drivers l.ioense f20B) 688-4443 Granito Gtieekrv.doc 08/01/97 FRI 10:52 FA% 2083834387 ~ 002 KEVIN HOWELL CONST ~EVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 August 1, 1997 Via Facsimile City of Meridian Mr. Bruce Freckleton Ms. Shari Stiles 33 East Idaho Meridian, Idaho 83642 Re: Granite Creek Subdivision Final Plat Comments Dear Bruce and Shari, Below I have addressed each of the final plat comments dated July 30, 1997, please let me know if either of you have any questions or concerns regarding my responses. General Comments 1. This condition will be complied with. 2. This condition has been complied with.. There are no existing domestic wells and/or septic systems within this development. 3. This condition will be complied with 4. This condition has been complied with. No FEMA Flood Plains affect this subdivision. 5. This condition will be complied with. 6. This condition will be complied with. A draft copy of the proposed development agreement was previously submifted to the City of Meridian for review and approval. 7. This condition has been complied by receipt of this letter. Site Specific 1. This condition will be complied with. The developer and engineer are currently working with the Ada County Highway District on the modification of the right-of-way for future development of the adjacent parcel. The engineer will also work with the City of Meridian on the installation of sewer and water services to the adjacent parcel. 2. This condition has been complied with. On October 11, 1996 the individual lot square footage calculations, excluding streets, highways, alleys, roads, rights-of-way and irrigation easements, were transmitted to Shan Stiles. The Nampa & Meridian Irrigation District has relinquished a portion of the Finch Lateral Easement and a copy of it is attached. The Finch Lateral easement is contained within a separate common lot, Lot 1, Block 2, as requested by staff. AUG 01 '9? 10 55 2083834387 PAGE.02 08/01/97 10:53 FAX 2083834387 KEVIN HOR'ELL CONST • 3. This condition will be complied with. A six foot high, non-combustible, permanent perimeter fence will be constn,cted along the south and west boundaries of the subdivision. A six foot high permanent perimeter fence will also be constructed along the north and east, adjacent to the Finch Creek Subdivision lots, boundaries prior to applying for building permits. 4. This condition will be compiled with. 5. This condition will be complied with. 6. This condition will be complied with. 7. This condition will be complied with pending ACHD's approval of the site construction access for the subdivision coming off of Ustick Road. The developer and engineer shall coordinate this approval if possible with ACRD. Signs will be posted stating the purpose and restrictions of the access road upon commencement of construction and ACHD's approval of the construction access. 8. This condition will be complied with. Thank you for your time and consideration and please do not hesitate to call if you have any questions or concerns. Sincerely, ~~~u,~i~ Tracey Persons Project Manager c: Hubble Engineering, lnc., Richard Tomlinson, P.E. c:lgranitck1005.doc ~ 003 AUG 01 '9? 10 55 2083834387 PAGE.03 97? OL9~5 ~.~;7ioa gs5_ __ - ~- ~t.v„ ~r, `- J~ 97 D~~ ~.~(~ p~ i "2 ~: ~,..___ _ .~ c ~ DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this ~''~ day of 0 Q m ~L'r, 1997, 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 Kevin A. Howell and Irene Howe1L husband and wife dba Kevin Howell Construction, parties of the second part, hereinafter called the "DEVELOPER", whose address is 1087 W. River Street, Suite 250. Boise Idaho 83702. 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" (Property), 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 and annexation of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, §11-2-416 L, and one when land is annexed, when it is also rezoned, §11-2-417 D; and WHEREAS, the DEVELOPER submitted and the CITY has approved an annexation and zoning to R-8 of the Property and has submitted a subdivision preliminary plat for said property which has been approved by the Meridian City Council; and WHEREAS, the DEVELOPER has made representations at the public hearings and meetings before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the Property 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 WHEREAS, the Findings of Fact and Conclusions of Law approved for the annexation of the Property required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Improvement Plans prepazed by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar 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 streets, water and sewer lines, all utility lines, piped irrigation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignmern and grades, etc. The "corrected" Improvemern 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. 10. That DEVELOPER shall, immediately upon the completion of any portion of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 11. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, 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, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus irnerest thereon at an annual irnerest rate equal to the prime interest rate of First Security Bank of Idaho >l lus five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this pazagraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heazd on the merit of the proposed Finding. 12. That DEVELOPER agrees that upon his, its or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificate of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any parcel within such annexed 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to 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 parcel allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Subdivision 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 any lot within the Property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 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 Property to cornain debris prior to obtaining building permits, except where the CITY has expressly agreed in writing that such fencing is not necessary. 15. That DEVELOPER agrees that those portions of the water main or sanitary sewer lines, as identified in the Improvement Plans, requiring increased line size or capacity because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY'S entering irno a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencemern of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work representing excess capacity. The CTTY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 16. 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 a~ phase in which necessary improvements have not been installed, completed and accepted by the CITY. 17. That DEVELOPER agrees that any notice required by this Ageement 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 Clerk Kevin A. Howell City of Meridian Irene Howell 33 East Idaho 1087 W. River Street. Suite 250 Meridian, ID 83642 Boise, ID 83705 A party shall have the right to change its address by delivering to the other party a written notification thereof. The parties may at any time herea$er 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 parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Ageement. 18. That DEVELOPER agrees to pay all recording fees necessary to record this Ageement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City .Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. 8/01 /97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 DATED the date, month and year first appearing. DEVELOPER: Kevin Howell Construction ---, ~y K in A. H wel By Irene Howell Kevin A. Howell, Attorney in Fact for Irene Howell CITY OF MERIDIAN By D. Come, Mayor ~~ ~~\i\111111111!{fe~`f+f ~~`' ~` .f-~~~"~~ ~ . `~' '~, William G. Berg, Jr., City Cler ~" - ~~.~~, - '~ .f ~`~~ ''js~~~l~lflit i1 tti'L11\\\\ \\\`` 8/01 /97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 STATE OF IDAHO ) County of Ada ss. On this i'I~~'h day of'?~;p`'k ~11,t~'ky~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeazed Kevin A Howell known, or proved to me, to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. d (SEAL) _ ~~TwRp ~ * .~•.. Z PU B 1.1G •~~ti Tg OF 19 ~.'. •~~~~1~~~~~sN~' STATE OF IDAHO ) ss. County of Ada l' C' ~~~(.~~ ~~'•, Notary Public for Id o `s Residing at: I~f ~ i~ , ~~ ~ 11.b * My Commission Expires: ~ - ~~ - ~ ~7 On this i ~ -~2 day of ~ ~t ~1.Z,1,ryt h,,~~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeazed Kevin A Howell. known, or proved to me, to be the person whose name is subscribed to the within instrument as the attorney in fact of Irene Howell and acknowledged to me that he subscribed the name of Irene Howell thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. ,~~,. ~4 ««..•• •p~ •, i Notary Public for ~ daho ~OTq~r• ~ ~ Residing at: ~ i5P •~ - 1.@ (SEAL) : ~ ~ S My Commission Expires: ~ - fi~ ~ `I s ~ .~ ~ ~ ~•..AL!RL1C' • 9 ••••....••~ .~~ ~''•.~F of 1~ ~;..•~ 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. On this day of ~cp~ 6er 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WII,LIAM 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. ~ ~ ~ r ® .,,;s?. (SEAL) ' ~ ~* ~' ~ ~' ;~ ~. w. ley ~ 1 j t• J/ t\ \ Y _~ ~ ~G~-~ ~ /~ii~ Notary blic for Idaho Residing at: ~G~%~ i~.-- M~ommission Expires: D~'/ o 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 8 '`' -'`~ RUBBLE ENGINEERING, INC. ~9. Ay 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-032 Project No. 94023 June 28, 1994 Revised July 29,1996 DESCRIPTION FOR GRANITE CREEK SUBDIVISION ,. A PORTION OF GOVERNMENT LOT 2, NE1/4, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of Government Lot 2 of the NE1/4 of Section 6, T.3N. . R.1 E., B.M., ,Meridian, Ada County, Idaho and more particularly described as .follows; Commencing at the brass cap marking the section corner common to Sections 31 and 32, T.4N., R.1 E., B.M., and Section 5 and the said Section 6; . thence North 89°46'40" West 1593.00 feet along the Northerly boundary of the said NE1/4 of Section 6, which is also the centerline of East Ustick Road, to an iron pin; thence South 0°24'19" West 45.00 feet to a 2-inch galvanized pipe, said point being the REAL pO1NT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°24'19" West 404.18 feet; thence South 89°46'40" East 104.99 feet to a point marking the Northwest corner of Lot 1 of Block 1 of Finch Creek Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 70 of Plats at pages 7218 and 7219; thence along the Westerly and Northwesterly boundaries, respectively, of the said Finch Creek Subdivision the following courses and distances: South 0°22'17" West 484.95 feet to a point marking the Southwest corner of Lot 1 of Block 2 of the said Finch Creek Subdivision; thence South 79°46'06" West 171.62 feet; thence South 85°34'05" West 108.34 feet; Rock Cr. Subd. Page 1 of 2 Project No. 94023 June 28, 1994 thence South 61°24'23" West 61.67 feet to a point marking an angle point in the North boundary of Lot 12 of the said Block 2 of Finch Creek Subdivision; thence leaving the said Northwesterly boundary of Finch Creek Subdivision North 0°25'05" East 830.97 feet; thence South 89°46'40" East 95.27 feet; thence North 0° 14'35" East 104.38 feet; thence North ~7°00'55" East 34.23 feet; thence North 0° 14'35" East 45.00 feet to a point on the said Northerly boundary of they NEl /4 of Section 6, said point bears South 89°46'40" East 951. l 4 feet along the said Northerly boundary of the NE 1 /4 of Section 6 from an iron pin marking the one-quarter common to the said Sections 31 and 6; thence South 89°46'40" East 105.38 feet along the said Northerly boundary of the NE 1 /4 of Section 6; thence South 0°24' 19" West 45.00 feet to the point of beginning, comprising 5.8 l acres, more or less. J CM/DTP/G L R/m f/ 5 9 0. d es w ~.. Rock Cr. Subd. Prepared by: NUBBLE ENG EERING, INC. ~ ~~ ~, ~t^4 3 ~. ~i `y ~,,7 s ~~oP, ~ ~? ' ~ o F ` c, IfR~Y Q~ D. Terry Peugh, P.L.S. Page 2 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND Kevin A. Howell and Irene Howell This subdivision is for 20 single-family dwelling units on 5.81 acres (Exhibit "A") with an overall density of 3.44 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the CITY. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property. Bond for extensions of sewer and water in Ustick Road prior to signature on the final plat. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Dedicate all require public rights-of--way from the centerline of adjoining public roads. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, the Ordinances of the CITY, and representations made by DEVELOPER during the approval process. 7. Construct and install pressurized irrigation to all lots within this subdivision prior to applying for building penmits and submit evidence of approvals from appropriate irrigation district and downstream water users prior to applying for building permits. 8. Provide pedestrian walkways in accordance with Meridian City Ordinance §11-9-605 C. 9. Provide detailed landscaping plans for approval for all common areas prior to signature on the final plat and construct such improvements prior to obtaining any Certificate of Occupancy; provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; provide for maintenance of all berms and common areas by the Homeowners Association. 10. Construct permanent, six-foot-high, non-combusti~ile perimeter fencing prior to applying for buildling permits, except where the City has expressly ageed in writing that such fencing is not necessary. EXHIBIT "B" 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 11. Comply with the regturemerns of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada. County Highway District (hereafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. 12. Provide atwenty-foot (20') wide temporary emergency access easement roadway over and across Lot 1, Block 1, and Lot 3, Block 1, for purposes of emergency ingress and egress. No building permit shall be issued for Lot 3, Block 1, until such time as E. Sharptail Street is extended to the west and another vehicular access is created out of the subdivision. At such time as an acceptable alternate access is provided, this emergency access easement shall terminate in total and the DEVELOPER shall record an easement termination agreemern after approval by the CITY. 13. Provide a sanitary sewer mainline stub to the property line of that parcel located east of N. Boulder Creek Place (Parcel #S 1106120600); coordinate location with the Public Works Department. 14. Provide a sanitary sewer service line to the property line of that outparcel (not owned by DEVELOPER) located at the northwest corner of the property. EXHIBIT "B" 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 ~`,\~ E~GIiyF~~N • RUBBLE GINEERING, INC. 9... o`' 9550 Bethel Court ^ Boise, Idaho 83709 208!322-8992 ^ Fax 208/378-032 Project No. 94023 DESCRIPTION FOR June 28, 1994 Revised July 29,1996 GRANITE CREEK SUBDIVISION ,. A PORTION OF GOVERNMENT LOT 2, NE1/4, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of Government Lot 2 of. the NE1/4 of Section 6, T.3N. . R.1 E., B.M., :Meridian, Ada County, Idaho and more particularly described as .follows; Commencing at the brass cap marking the section corner common to Sections 31 and 32, T.4N., R.1 E., B.M., and Section 5 and the said Section 6; thence North 89°46'40" West 1593.00 feet along the Northerly boundary of the said NE1/4 of ,Section 6, which is also the centerline of East Ustick Road, to an iron pin; thence South 0°24'19" West 45.00 feet to a 2-inch galvanized pipe, said point being . the REAL pO1NT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°24'19" West 404.18 feet; thence South 89°46'40" East 104.99 feet to a point marking the Northwest corner of Lot 1 of Block 1 of Finch Creek Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 70 of Plats at pages 7218 and 7219; thence along the Westerly and Northwesterly boundaries, respectively, of the said . Finch Creek Subdivision the following courses and distances: South 0°22'17" West 484.95 feet to a point marking the Southwest corner of Lot 1 of Block 2 of the said Finch Creek Subdivision; ,:.: ~ thence South 79°46'06" West 171.62 feet; thence South 85°34'05" West 108.34 feet; Rock Cr. Subd. Page 1 of 2 • Project No. 94023 June 28, 1994 . . thence South 61°24'23" West 61.67 feet to a point marking an angle point in the North boundary of Lot 12 of the said Block 2 of Finch Creek Subdivision; thence leaving the said Northwesterly boundary of Finch Creek Subdivision North 0°25'05" East 830.97 feet; thence South. 89°46'40" East 95.27 feet; thence North 0° 14'35" East 104.38 feet; thence North ~7°00'55" East 34.23 feet; thence North 0° 14'35" East 45.00. feet to a point on the said Northerly boundary of the NE l /4 of Section 6, said point bears South 89°46'40" East 951.14 feet along the said Northerly boundary of the NE 1 /4 of Section 6 from an iron pin marking the one-quarter common to the said Sections 31 and 6; thence South 89°46'40" East ] 05.38 feet along the said Northerly boundary of the NE l /4 of Section 6; thence South 0°24' 19" West 45.00 feet to the point of beginning, comprising 5.81 acres, more or less. Prepared by: Hl1BBLE ENG EERIIVG, INC. .~ • ~ n ~r7-s ~~o~ ~~ • ~ O ~ ` C1 • lE~~Y Q` JCM/DTP/G LR/mf/590. des w ~.. Rock Cr. Subd. D. Terry Peugh, P.L.S. Page 2 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND Kevin A. Howell and Irene Howell This subdivision is for 20 single-family dwelling units on 5.81 acres (Exhibit "A") with an overall density of 3.44 dwelling units per acre. The DEVELOPER shall: Tile all ditches, canals and waterways, including those that are. property boundaries or only partially located 'on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the CITY. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines; as well as extending and constructing water and sewer line extensions through the property. Bond for extensions of sewer and ws~ter in Ustick Road prior to signature on the final plat. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Dedicate all require public rights=of--way from the centerline of adjoining public roads. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, the Ordinances of the CITY, and representations made by DEVELOPER during the approval process. 7. Construct and install pressurized irrigation to all lots within this subdivision prior to applying for building permits and submit .evidence of approvals from appropriate imgation district and downstream water users prior to applying for building permits. 8. Provide pedestrian walkways in accordance with Meridian City Ordinance § 11-9-605 C. 9. Provide detailed landscaping plans for approval for all common areas prior to signature on the final plat and construct such improvements prior to obtaining any Certificate of Occupancy; provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; provide for maintenance of all berms and common areas by the Homeowners Association. 10. Construct permanent, six-foot-high, non-combustible perimeter fencing prior to applying for buildling permits, except where the City has expressly agreed in writing that such fencing is not necessary. EXHIBIT "B" 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 • • 11. Comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. 12. Provide atwenty-foot (20') wide temporary emergency access easement roadway over and across Lot 1, Block 1, and Lot 3, Block 1, for purposes of emergency ingress and egress. No building permit shall be issued for Lot 3, Block 1, until such time as E. Sharptail Street is extended to the west and another vehicular access is created out of the subdivision At such time as an acceptable alternate access is provided, this emergency access easement shall terminate in total and the DEVELOPER shall record an easement termination agreement after approval by the CITY. 13. Provide a sanitary sewer mainline stub to the property line of that parcel located east of N. Boulder Creek Place (Parcel #S 1106120600); coordinate location with the Public Works Department. 14. Provide a sanitary sewer service line to the property line of that outparcel (not owned by DEVELOPER) located at the northwest corner of the property. EXI-IIBIT "B" 8/01/97 GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of t ~~. r~\ _~, RV NUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 September 6, 1994 Project No. 94023 City of Meridian Ms. Shari Stiles, Planning Administrator 33 East Idaho Street Meridian, Idaho 83642 RE: Granite Creek Subdivision Final Plat Dear Shari, 208/322-8992 ^ Fax 208/378-0329 The following items are in response to your final plat comments dated 9/1/94. 1. These were submitted to your office on July 21,1994, and stamped as received by your office on August 8, 1994. 2. This will be done. 3. This is a true statement. Thank you for your time, and please feel free to call if you have any questions. C. Merkle, P.E. tp\OSl.ltr ~~,y'v~ V.~ ~. _~ ~~ A01~ Y interoffice MEMOFi1NDUM ~ ~ ~ - 2 -~7 ter ~F ~~.~~~~ to: William G. Berg, Jr. -City Clerk tt: File /Kevin Howell Construction A from: Gary D. Smith, P.E., Public Works Director/City Engineer re: Granite Creek Subdivision, Final Plat Mylar date: December 2, 1997 Will: I have reviewed this final plat mylaz submittal and find that it complies with this departments previous review comments. In accordance with that review, I have affixed my seal and signature in the City Engineer's Certificate on Sheet no.2. A review of my project file brings forth the following information of which you need to be aware: 1. The developer is required to deposit $2350.00 with the City of Meridian for future construction of a 12-inch diameter water line in Ustick Road adjacent to its Ustick frontage. 2. A Development Agreement was required and approved by the City Council on August 5, 1997. I can't find any record it was ever signed by the developer or the City. 3. The following items aze subject to a letter of credit: a. Boundazy Fencing- $16,071.70. Bid Attached. b. Street Lighting- 2 required at $1600.00 each = $3,200.00 c. Pressure Irrigation - $19,108.50. Reportedly this system is 90% complete. d. Landscape Buffer - $3,271.00. I can't find any evidence that Shari has approved a landscape plan. Bid attached. e. Emergency Access Road - 1701ineal feet required. Value = ? 4. The developer needs to pay the cost of a two-(2) inch diameter water meter and assessment for sprinkling of the common azea in the amount of $1958.00. 5. After this plat is recorded this developer is to vacate a sanitary sewer easement previously granted to the City of Meridian and recorded as Instrument No. 95043976. from the desk of... GARY D. SMITH, P.E. Public Works Director/ pity Engineer [ity of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 (208) 881-2211 c:\my documents\temolates\memo2.dot Fax: (208) 881-1191 KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 November 14, 1997 .. Hand Delivered Meridia ity Public Works Department Mr. ry Smith, P.E. 33 ast Idaho eridian, Idaho 83642 Re: Granite Creek Subdivision Bonding Requirements Dear Gary, Below are the proposed bonding amounts for the improvements not yet constructed at the above mentioned subdivision. I have attached copies of the contractor bids to substantiate the bond amounts. Please review this information at your earliest convenience and let me know if the amounts are satisfactory so I can have the Letter of Credit prepared. 1. Landscape Buffer $ 3,271.00 2. Street Lights 2 @ $1600.00 each = $ 3, 200.00 3. Sewer 95 % Complete $32, 986.00 x 5% _ $ 1, 649.30 4. Water 95% Complete $33,544.00 x 5% _ $ 1,677.20 5. Pressure Irrigation 90% Complete $19,108.50 x 5% _ $ 955.43 City of Meridian Department of Public Works Mr. Gary Smith November 14, 1997 Page Two . 6. Fencing (Perimeter & Landscape Buffer) $16,071.70 SUBTOTAL 110% BOND AMOUNT _ $26,824.63 _ $ 2.682.47 $29,507.10 Thank you for your time and consideration and please do not hesitate to call if you have any questions or concerns. Sincerely, ~~,r~~ Tracey Hood Project Manager c: Shari Stiles, Planning Director c:1g ra n iteck\010. doc ~~^!,_~ ^-~7 T1I~ ~ c.~ 3Q Ctl~F~T~R rn~icTRrtrTtnFJ FQU t~tn, gA~ ~nFn P. n~ • ~• •_ .. _ .... --- t'rivposat .. •X""rY'•~•ry'Sup.erio- ~OI'1Stl'llCllOli alit ~ CJ~~dv. .i~ ~y, i>I av. zt~';~~v.~'i~ "r~~ ,t3g3s3iJ3::ssi, is3u3sii t7.3i7ou "tJiilbt! (usc'sf {3st~r-iv ~ s ° ~ •,.., i~~s:~ vv>".siT+sv ~f~.~ s ,, .,.,,: 1-.~,vl7yii iitiiiiii.i 1•N~' .. ;r'-. i~;tiGRAN1'1'L t.:liLjtri ~iiii r ii3ia;i: :,. .t ~ DESCRIPTION OF wO12K ( ~~1"t~ ; ~ QTY U/M ~ uw:l~r ivYa ~~+~ , y~ - : ~s~ • ! , pltiCE Or LINE TOTAL .~ ~,~~ c ~ jj ' ' I i~I ~ Y '~i:. l~~k,:.. ; R . tr,:; ~, »r,.. 4 ' [273 LF ~ ~ ~ .~ +~ ~" CES 21 EA ~ ~ ~ ~~~" ~EA11'OUTS ~ 1 ~'~ ~ ~ i _ '°~NY' ~~ v v r ~ ~a... ~ .ir;:~.. 'r(1'Y'~i CF~7JL'_1?+ i - ~~~.98tbQQ 4; ~~`La a-.. ~~~.:~ ~ t ~ r~~~~.~,~.: ~ ~ ..WATER ~ -~ .. ~ . Qr •... ;~ 797 i.t= 1'. ' -• + 'dre!t` a ~~~`"MISC'F[.'fEE, ~ .. 1 ~ EA ~~ ~ .. ~. _ .~~ ~~f•FL~TEE L ~ : ~ t , '~ r r .. .~ EA ~ s. '~ ;-'~Zi~J~a l= ltd BbT1D ~ ~ EH " " -~~- ~~rjyjj`,~ r`i„ CiA i t :t+F-i v ire i ~ 1 EA 1 ~ i ~ ' Sti' 4t ,i dk~Q~NTf'i?R . ' 1 ai~:~ • -- ..~ _~ ~ ~ ~ i ~~, . ;.~C'FL~I l .1/4 BEND . -' i 1 . EA : ~ i ~ --~ . ~, ~ ; ; ~''~+~"`~` ~~~~3~.~`~'FI:GATE VALVES 3 + - ~ EA (~ i~ i .. . N~. r.7~vl(,r } iragc >t oz ,s ~~~tr- ~ A 07 TI f~ t n. ~g 11V • •V v, IVL. L+~J 44~~~ t r' SUPERIOR CONSTRUCTION E4K N0, 884 5060 ,.~r .1~ ~r. 'GRANITE CREEK SUBDI~iSION - Conlinucd 3s+~.. ~ .,.- P, 03 ~'3ge ~ a; 3 ~ + ° " "' ` OT L GRAND ~ ~ ~ 'I?F.SCRIPTION OF WORK ~' ~ = " ; QTY . U/M ! UNIT ~ T A ~ : : ~ _ ~,~~_:. ~ t~~~ _~~~ :.x rrLtvr _~~~ ~ ~ OVE`& RELOCATE Z" -LOW-OFF t' ., 1 EA ' ~ ~ I~~W-OFF'- 6" LINE '~ H •= ~~~" 3 EA _ . M.... _ s . . Y~'t,.~f~'~-r ~ ~-. ~nnT ~~ 1~ 4T ER: S33,SN-00 . `t"`;~" •• `~"' ~• GRAVITY IRRIGATION :~ °~:-~ =I;B: PVC 3GG LF ~ ~ ~, '~~~°tw.<., ~t.. ~ .~n,9,...:PVC .. 284• LF ~~ ~ ,~; S k ~P.. ~ ~ S6 LF ~ ~ ,. = .. 6... _ ~ ;~1t~DR1LI;'•~ 4. 1 LS ~ L .. .~, •.»... t• ~~. ; t~3,wiION. BOX . 7 ~A mss.. ~ _ 4 l~ ~ ' ~~ ~~~, ~r.'`'t'•PRFSSURE IRRIGATION ~ «~ • <<•r~. ;'~~~,•~ ~ ~ 1313 LF ~ ..,. , .. .ti.::. df~r~a:^~i: ,. ~~ c 1 G t~ :..~ . ~tv.c 4 FA ~~... M 1~••~~ Oi-.e:S.LEEVE,,: _.. .. ' ~ 107. LF ~~ ~ . ,~ R 6' . ~, • _ , ICES?. 18 : EA ~ ~ •~ ,... I;ANEOUS FITTINGS " .. i i.S ~ .... .w._ G - ' .eM:fdi4t~ ~ '. rL~li+.~~R'.-^~R~r~~3`a~;~.r~p~•L::.z ~~~I l1T-I<r i i4WO Vllcr aa~a~a vA f i0it: . llll,r-1 nV~a7~ IUL /i~'nTl ct racA tt rya rn~,icTai t~T r n~t C (~ [~ ~, ~~ a)Vi Llll 11 vVtt/ IlVV 11VI1 I"~i{ {'~Li~ SVnT ~V(JV ;:~ ,; , . :; . ~~ , • . • Page 3 of 3 ;.; - . ~~. , . `7~ - wtrrr. l~T~r. r. v c+rrnntvrc~Tiniv /''~ .;-„•,,,~ ~. u •a aa~ 4iWaraa. aJVYa.i • ai3a+va • ~ CO;a..rrv. ~ jr pp~~. 1' i 1'/A~~.iV J~ j•~t,/j\ Vi~~ ~' 1111\ i. y ~~1~~ . d ~sl i V%l~{ V ~iL ~ ~i ~..~~=~ t V ~ {iY T ii- ~ ~ i ~.'v'~a. a~ i7~'7' 'l ~ ) ~~ ~ ` ~' 7A t ~ ~ , I PI~ICL ~ OF LINE ~ TOTAL y. r ~ J;.k~ ~.y:~;.: ITEivI + ° ~ .. •, i r~. ::.l. ~ +,~.' '",r'.:'S p' Jj{1l~41411filAlllY , ~.'a;~! .. } , yy '~Z~~ t 1~.. ~ , .SRS.=e-;~ l2 1 1' ' ~ ~ . •''i~ •t:L'ipSS~S'RCP . xsy : ,a~ ~ 75 ~ LF ~ ~ . ~.•~~ ~ 0?~GLON SAND ~ GREASE TRAP 3 ~ EA y~•~~~,, • q._ • i-r.~~~v. x ~. L ~ b I J t.~ ~ 1 . . 1 1 ~ ^ y .~,,,. , .,. "i1~CF''i1iFTf~ .N #i , ~ 1 LS ~..,. . ~~c ~;~ •A~3E~?BENCH #2 - 1 ~. LS ~ ~ __ ~ ~ .,s.. ~ . :A~r.E"TRENCH #3 e 1 i ~ ~ i ~~ 1 ~ s .~ p.~ .ne a<v'a:~1,.~ .:::i.'9':'•1-'4.93: t: ,~.., .. :. t .• t •~. r ~~ }} " ~~ ~ ~~ .. ~t1~ i. 7ii1 i 1 1 t f. I W Ie ~a ~ ar ci e, i-~-! ;r.:. Co~farliish:bbor do matetiab -complete iv accordance with the above specifications, for the sum of: ... (teed to be as specified: Ai(work to be comp(ete) [n a workmanii'~ce n~ii net according to standard ifinn~n~' dPVi~fine'fFn~n ,~1,ove,stu,r;fratinn~l.invnlvin~ a=tra cads. Wli~ bE' @YCCUte[~ On~}~ 11(lfln Nrlltell Aloe an ei[tra culrrg4s uv+er afu~r Il~ove the estimllh: 'rU) agreements caniingent uron strikes, aecidenti er ptrol.; Thl~~proposal may be withdrawn by us if not accepted withia~~4.days. rltre: ~ ' '~.f ~ ~~' Acceptance of)'roFo~al f r.•rrr wrvr..•.r i•+: 9i.r......a.v Oa.r Gu r r-• r ..~~ ~s~. . 4V Air if+a•••ra aw.. • rV Y'~ .' ~` ~; ~ Red. ,Payment wilt be made as oatlieed above, asd due by the 10th of enth month. ~I .:<, 1 1+tr .t1y •_ "~~`~'•'~ ~ . ~ ~ Signature: " 1 i ..[ Vic. 1a.~~:. K Yt*. t: ::il .fr- .. . . ~ ~} t.~~ a vi }y< i3; . . ~ t~ y. f ~~,~ 31= 18%155!7 ISs41 MAILING ADDRESS: 100 E. d6th Place Boise .Idaho 8371 d LOCATED AT: 46A0 Chinden Blvd. Boise. Idaho 8371 d FF.u19 FINVIL FENI'.E CU, T.O 385397 FENCE CO_ Where Qualify Counts P.01 ~'~GNE: (208>3756767 Fax: (203375-b768 .~in~ c 1 `)c=1. MIKE THOMPSON. PRESIDENT PROPOSAL TO: KEVIN HOWELL CONSTRUCTION DATE November 77. 1997 ADDRESS 7 H8T W R 1 VER ST, STE 250 601 SE, I D 0206 ADDRESS ATTN: TRACEY HOOD PHONE: 383-4302 FAX: 383-4387 CHAIN LINK FENCE SPECS fence ~ C OMME R C 1 A L ~~ pf fubiic 6 ' Top ~ 1 3 / 8 " To~g~ yy~ NON E Mesh 2 " 'Gauge > > Tie VVre 9 Gauge Concrete 2 4 " . Line Posts 1 7 / 8 " Fbat Spacing 10 ' End Pasts 2 3 / t3 ". Gate Pasts N / R WOOD FENCE SPECS Ftei~7ht of wit 6 ~ Board Sre ~ x 4 " uric 9uaGty # 2 8 # 1 2s4 Rai 2 F f R 4x4 frosts CEDAR Past ~;~ 8 ' Concrete 24 " IJ~ Galvonited Ring Shank Air 9uantiiy: x,094' OF 1 X 4 X 6' #2 COMMON DOG EARED CEDAR FENCE. . 1BT' OF 1 X 4 X 6' #1 COMMON DOG EARED CEDAR FENCE. 1.165' OF 6' TALL CHAIN LINK FENCE. (6) ENO POSTS. _ 70TAL FOR A60VE -- S 16.0?1.70 INSTALLED . All changes other than shown on this order or drawing wilt be charged for at prices agreed upon at time of change. Owner responsible for property lines. private utilities, repairing sprinkler systems damaged during post hots digging, sewer lines, removal of existing obstructions and permits. ~nitivl 'NOTE. The higher number of chain fink gauge, reflects lighter weight materials. ACCT=PIED Terms of Payment DUE ON RECEIPT ~ scse •?~~ 7nO A;flirt. rq~,v_.w t_ JGr O F INVOICE , Sales Order by ~~~ r~Y . ~ fiis oration void aRer thi 3u d s. Mike Iho pson ~ ~ ~ ) ~ THANK YOU! W_ _E APPRECIATE THE OPPORTUN/7Y TO 6ZUOTE YOUR PROTECT! . y _._-.~. TOTNL p, yl _. -_ _.._. Page No. of Pages ' ~ ~ - ~ti~E ~~s PROPOSAL AND y~ ACC E PTAN C E Phone (208) 345-6405 Mobile. (208}~9~.~}+} • a:-- . SprinWer & Landscape PROPOSAL SUBMITTED TO ~ J S't ' PHONE DATE ~/.'i6 - . Y QUs~ TfDL. e.Ci( Wr / 7 STREET ~' JO NAME ~I-a~- f-e- ~ fcc ~; Stab . CITY, STATE AND ZIP CODE JOB LOCATION (,tS~/c K Zt~ ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: -~-~.t q~~l~ moo e~ ------------_____ .- ..__ .y _ 'T~c ~ s 9oD `•= - ----- 3~~ ~ ~- ,..s by to f We Propose here urnish material and labor -complete in accordance with above specifications, for the sum of: A b ll d S ) Payment to be mad as follows: .~~ ~ d~ cE, 1 ~LG3.~ ars ( o . All material is guaranteed to be os specified. All work to be completed in o workman- like manner according to standard practices. Any alteration or deviation from above Authorized specifications involving extra costs will be executed only upon written orders, and Signature will become an extra charge over and above the estimate. All agreements contingent ®~ -~~ - upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado Note: This proposal may be and other necessary insurance. Our workers era fully covered by Workmen's Com• withdrawn by us if not occeoted within days. r...,,,.,.,.. ,,.,,.,,, Acceptance Of PropOSa~ -The above prices, specifications and conditions are satisfactory and are hereby accepted. You ore authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance Signature PACC•693-3 PRINTED IN U.S.A. WIWAM 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 & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlef W.L. "BILL" GORDON, Police Chlei 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/Drivets License (208) 888-4443 ROBERT D. CORRIE Mayor aC~ December 15, 1997 ~ ~~, Tracey Hood Kevin Howell Construction 1087 W. River Street Suite 250 Boise, ID 83702 383-4302 859-4425 fax 383-4387 Re: Bond Requirements of Granite Creek Subdivision Dear Tracey COUN I M MB RC 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 The following list of improvements are required to be completed and/or bonded before the plat will be signed. 2 street lights ~ $1600.00 each pressurized irrigation -quote needed or approval letter from NMID - ~L ^" 2400 ft. permanent fencing -quote needed ' ~ landscaping -quote needed ~ tiu,~;, ~ , _ ~ Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. I will also need cash of $2350.00 for the requirement of a future 12" water main in Ustick Road frontage and $1958.00 for the requirement of a water meter and assessment for the common area. ~ts,ner ~a~~~: re~uirerrre~.t" ~~ 3~8•v~ If you have any questions concerning this requirements, please contact me. Sincerely ~~~ William G. Berg, Jr City Clerk ~~~~~J N OV 1 0 1997 (~'lf ®F ~E~ti~IAN DECLARATION OF ~ h,a.Ve C~ ~ ~Ppro/~ COVENANTS CONDITIONS AND RESTRICTIONS ~. THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION is made effective as of the day of AUGUST 1997, by Kevin Howell and Irene Howell (hereinafter "Grantor" or "Declarant") whose address is 1087 West River Street, Suite 250, Boise Idaho, 83702. ARTICLE 1: RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or "CC&R's") is that property in Ada County, State of Idaho, which is contained in Granite Creek Subdivision and legally described on Exhibit A attached hereto. .1.2 Purpose of Declaration. 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 in this subdivision shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each ow;ier accepting a deed to any of the property agrees that these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. 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 Grantor's Rights. Notwithstanding the foregoing, no provision 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-way, 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 "Granite Creek Subdivision" shall mean the Property described on Exhibit A. 3.3 "Assessments" shall mean those payments required of Owners and Association Members and include but are not limited to all Assessments, late fees, attorneys' fees, interest, and other charges set out in these CC&R's. In the event that this subdivision is developed in phases then the property in uncompleted phases shall not be assessed until that phase is completed and lots are ready for sale in that phase. 3.4 "Association" shall mean Granite Creek Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, and includes it's Board, representatives, agents, officers, 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 representatives, officers, and agents. 3.6 "Building Lot" shall mean a lot as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall not include the Common Area. 3.7 "Bylaws" shall mean the Bylaws of the Association (a copy of which is attached hereto as Exhibit B). 3.8 "Common Area" shall mean any lots of Granite Creek Subdivision that are designated on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited GRANITE CREEK SUBDIVISION CC&R -2- to the following parcels which Declarant shall deed to the Granite Creek Neighborhood Association: Lot 1 Block 2 (Nampa & Meridian Irrigation District Finch Lateral Operation and, maintenance easement area.) Lot 7 Block 1 (Common Landscape Area) The Association shall manage, maintain and operate these common area lots. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean Kevin Howell and Irene Howell and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. 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. 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. 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 portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of the Association. 3.19 "Set-up Assessment" shall mean that initial fee payable to the Association to set up the Association. This one time set up fee is assessed against the buyer of each lot upon the first purchase of each lot. GRANITE CREEK SUBDIVISION CC&R -3- 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 Special 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 Ap ru oval. 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. 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. 4.3. Use, Size and Height: Basements. All Building Lots shall be used exclusively for one or two-story single-family homes. Split entry homes are prohibited. The minimum floor area square footage (excluding the area of the eaves, steps, open porches, car ports, garages, and patios) shall be as follows: a) 1.350 Square Feet minimum for one-story home s. b) ~ .530 Square Feet minimum for any two-story home; provided, however, in any such two-story home the ground floor shall have a minimum of 1,000 square feet. 4.3.1 Basements. Basements are not allowed. 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, and 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, GRANITE CREEK SUBDIVISION CC&R -4- finished and painted in the same general color as the main house; c) generally screened from public view; and d) approved by the board. 4.5 . Setbacl~cs. All setbacks shall comply with the pertinent local government Ordinances. 4.6 Garages. All residential home s shall have an attached enclosed garage which holds no less than two cars and no more than three and shall be constructed of the same materials and colors as the main building or as approved by the Board. 4.7 Exterior; Appearance. Vinyl or metal siding will be allowed for the exterior of any home. Each home shall have brick, stone or stucco on the front exposure and as a minimum shall have brick, stone or stucco on the full height of the garage columns. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. Also 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 Intentionally omitted 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, gravel or asphalt. 4.11 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold 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. Outdoor pole lights are optional. 4.13 Landsca ina. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of substantial completion of the home. 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 GRANITE CREEK SUBDIVISION CC&R -5- 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 (or professionally installed hydro seed if approved by the Board) 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 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 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. This maintenance, repair 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. 4.14.2 Other Owner Fences. Lot owners along Finch Lateral shall maintain anon-combustible fence blocking access from the lot to the lateral. 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 laterals, water retention areas or the western property boundary line of this subdivision. 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 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. GRANITE CREEK SUBDIVISION CC&R -6- 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 or debris shall be placed 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, and the condition continues after notice from the Board to remedy the condition, then the Board, shall have the right to enter upon that Owner's property to correct such condition. Owner shall be obligated to reimburse the Board for all of the costs of the corrective action as set out in Article 8 and 9 below. 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 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 GRANITE CREEK SUBDIVISION CC&R -7- 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. 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) 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 SIT. No sign shall be displayed to public view without the approval of the Board except: 11) 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 Pressurized Irrigation Svstem. 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 shall 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 Granite Creek. Each lot owner shall be responsible for that lot owner's own irrigation system on that owner's lot and shall be responsible for any damage done to the main system. GRANITE CREEK SUBDIVISION CC&R -8- 4.25.1 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 for all of Granite Creek, then the water costs shall be paid as part of the Association's pro-rata assessments to 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. 4.25.2 Rotation: Rules. The Board may establish a water rotation schedule for all lots and common areas in Granite Creek and general rules for the times and use of irrigation 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. 4.25.3 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. 4.25.3 l~lampa & Meridian Irrigation Districts Agreements. Each lot in this subdivision shall be subject to any license or other agreements entered into between Nampa & Meridian Irrigation District and Declarant whether before or after these CC&R's are recorded. 4.26 Lot Grading and Drainage Re°uirements. 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. 4.27 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. GRANITE CREEK SUBDIVISION CC&R -9- 4.28 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. 4.29 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 for water; 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; and, e) that these assessments are a lien upon the Owner's Building Lot. • Each owner or occupant of any Lot in Granite Creek Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and directors relating to water or irrigation water in Granite Creek Subdivision. 4.30 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. GRANITE CREEK SUBDIVISION CC&R -10- ARTICLE 5: GRANITE CREEK NEIGHBORHOOD ASSOCIATION, INC. 5.1 Organization of Granite Creek Neighborhood Association Inc . Granite Creek 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 Bylaws (attached hereto as Exhibit B-, the Articles, and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner, 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 Vow. 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 votes attributable to the Building Lot. For voting purposes, the Association shall have two 12) classes of Members: 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 Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Members. 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 eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2007. GRANITE CREEK SUBDIVISION CC&R -11- 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. 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: 5.5.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property 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 GRANITE CREEK SUBDIVISION CC&R -12- 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 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: • 5.6.1 Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area. 5.6.2 Maintenance of LandscaRing, Retaining Walls. Fences. Common Irrigation Systems and Retention Drainage Trenches. Maintain any and all common landscaping, retaining walls, fences, irrigation systems and storm water retention or drainage systems. 5.6.3 faxes 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. 5.6.4 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or the pressurized urban irrigation system. GRANITE CREEK SUBDIVISION CC&R -13- 5.6.5 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from reputable 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; (3) 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 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. 5.6.6 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 LiabilitX. 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. ~udaets: O eo rating Statement: Balance Sheet: Notice. Within sixty (60) days after the close of each calender year, the Association shall cause to be prepared and delivered to each 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. The operating statement shall also include a schedule of Assessments received and receivable, identified by the Building Lot number (and/or the lot address) and the name of the person or entity assigned thereto; (3) a proposed GRANITE CREEK SUBDIVISION CC&R -14- budget and schedule of Assessments for the current year, and; (4) the notice of the next meeting of the Association Members. 5.9 M ing~ of Association. -Each year the Association shall hold at least one meeting of the Members. Such meeting shall occur between 15 and 45 days after the notices in 5.8 above are sent to the Members, (or no later than May 31). Notice of all Association meetings, regular or special, shall be given to all Members. Other meeting shall be as provided in the bylaws. This notice shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or close thereto, 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 less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled, provided additional notice of the next meeting is 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 Granite Creek Subdivision unless a written request (given to one of the Board 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 and their addresses is as follows: 1. Kevin Howell, 1087 West River Street, Suite 250, Boise, ID 83702; 2. Donald Minegar, 6933 E. Emerald, Boise, ID 83704; 3. Chuck Rosco, 6933 E. Em~ralrl, Boise, ID 83704. 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. r~Qeni~TF rRFEK SUBDIVISION CC&R -15- 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 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), two-thirds (2/3) of the Class A Members, and the Grantee agreeing to accept the transfer. (This transfer must also be approved by the local government.) Said transfer shall become effective when the instrument is recorded. 7.2 Dam~aes. Each 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 resident tenant or contract purchaser, 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 collected 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 Granite Creek Subdivision each 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 GRANITE CREEK SUBDIVISION CC&R -16- property in uncompleted phases shall not be assessed until that phase is completed and lots are ready for sale in that phase. 8.1.1 Assessment Constitutes Lien. Assessments shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment is also Personal Obliaa~. Each Assessment shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for delinquent Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. 8.2 Regular Assessments. All Owners, including Grantor, 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 first calendar year (1997) shall be S 150.00 per year per lot. This initial assessment 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 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, insuring, watering, 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 and maintained; (4) costs of operation of the Association. 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 lot in completed phases of the subdivision equally for all Assessments (except the Limited Assessments which are on a lot by lot basis). 8.2.4 Amounts Paid by Owners. ThE Board can require, in it's discretion payment of Assessments in monthly, quarterly, semi-annual or annual GRANITE CREEK SUBDIVISION CC&R -17- installments. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given calender year shall be computed by dividing the Association's total advance estimate of Expenses by the total number of Building Lots. in the Property (i.e, each 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. 8.3.2 Set-up Assessment: Upon the first sale of each lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association set-up fee equal to 5150.00 Dollars. This fee shall be a one time initial set up fee, and shall not be prorated for any time left in the calendar year. This set 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 Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate 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 Building Lots. 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 the Owners representing a majority of the votes of the Members of the Association. 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 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 GRANITE CREEK SUBDIVISION CC&R -18- and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. 8.5 Notice and Accpccn,ph+ n~~o ate. Except for the Special Transfer Assessment, the Set-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 ~ ate Fees• Intprpct on Pact Oue Assescmpntc; assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of 525.00. 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 Certifi _ata, 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 fight to Enfor p• Attorney 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 GRANITE CREEK SUBDIVISION CC&R -19- 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 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 Acti n. 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 be a lien and 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 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 GRANITE CREEK SUBDIVISION CC&R -20- recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments 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 Li _n, 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 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 the delinquent sums 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 Forecloc„rp. The lien may be foreclosed like a mortgage; foreclosed by power of sale as allowed by law; 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 fdaho 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 Notic -. 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 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 GRANITE CREEK SUBDIVISION CC&R -21- 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(s1. 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 30 days in default. 9.6 Subordination to Ce a. Trust Deeds. The lien for the Assessments provided for herein shall not be subordinate to the lien of any deed of trust or mortgage g c~cg~i the lien of a 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. Except as expressly provided in paragraph 9.7 with respect to a first mortgagee who acquires title to a Building Lot, 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 delinquent Assessments. 9.7 Rights of Mortgaa, ees. 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. ARTICLE 10: EASEMENTS 10.1 Easements of Acc _sa. 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. GRANITE CREEK SUBDIVISION CC&R -22- 10.2 Utility Eas ments. 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 Imurovement of Drainage and Utility Easement Areaa. 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 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 authorities. 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 by recording of a written instrument setting forth such amendment or termination. 11.3 Amendment By_ Ownera. Except where a greater percentage is required by express provision in this Declaration, any amendment to this Declaration, other than this Article 11, 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 either the vote at a meeting, or written consent if there is no meeting, of Owners representing more than sixty-seven percent (67%) of the votes in the Association. Any amendment shall be effective upon recording with the County Recorder. Any amendment to this Article 1 1 shall require the vote or written GRANITE CREEK SUBDIVISION CC&R -23- consent of Members holding ninety percent (90%) of the voting power of the Association. 11.4 .Effect of Am _n~ment. 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 reg. Declarant reserves the right to annex and include additional areas owned by Declarant into these Declarations. 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's 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 shalt operate to defeat or render invalid the rights of the beneficiary under any first 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 foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Unless otherwise required, 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 GRANITE CREEK SUBDIVISION CC&R -24- 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. 11.8 Enforcement and No -Waiv r, 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 Granite Creek Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Granite Creek 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 Ssccessors and Ass~g~, 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. IN WITNESS WHEREOF, the Grantors hereto have set their hands this day of l~~i~!-P.Vbt,~~f,~ 1997. Kevin A. Howell b ~- Irene Howell by Ke in Howell, her attorney in fact STATE OF IDAHO ) )ss. County of Ada ) On this (,~~1n day of ~;(~V,.e,YYI.~ ~' 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared KEVIN A. HOWELL known, or proved to me, to be the person who executed this instrument and acknowledged to me that he executed the same. GRANITE CREEK SUBDIVISION CC&R -25- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~gpCE y * poTq Nvz`f~r~y Public for ('daho ~Getidic~g at: ~ ~~{ .~.p~,~,p N '°pBLIOM~,~pmmission Expires: D(-~-Di•a~f ••-- F ID p --•. STATE OF IDAHO ) )ss. County of Ada ) On this (_~ day of ~J(~~/,~~,~(~,y 1997 before me, the undersigned, a Notary Public in and for said State, personally appeared KEVIN A. HOWELL known, or proved to me, to be the person whose name is subscribed to the within instrument as the attorney in fact of IRENE HOWELL and acknowledged to me that he subscribed the name of IRENE HOWELL thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ 1 .~oTARr•s ~ Notary Public for Idaho *~ -•~ _ * e Residing at: ~Of~(.~~~ ~~ ~°vBLI r~o ~, My Commission Expires: ~~~-q 1 •''••. ,•••~'9~F OF 9i'~~~~,• GRANITE CREEK SUBDIVISION CC&R -26- KEVIN HOWELL CONSTRUCTION General Contractors 1087 W. River St., Suite 250 • Boise, Idaho 83702.Office: (208) 383-4302 • Fax: (208) 383-4387 Transmittal Letter For: Date: `~t~ • l ~', I q q 7 Delivery ~ Pick Up To: ~~~ ~ 1~t ~' 0,~,( ,cam Attn: - ~ Project . ~1't~ C~I.L~ ~.J~X~..~°. ~. We are sending you ^ attached ^ as requested ^ under separate cover, via the following items: construction Drawings ^Preliminary Plat ^Final Plat ^Letter ^Miscellaneous " These are transmitted as checked below: ^ For bid use ^ Use Approval ^ Information ^ Returned for corrections ^ Record ^ For review and comment C:nmmrsntc• w Copy To: Signed: " Tracey Persons, Proje Manager - ~ t n ~r~ nErr rr / ~ e ~ = u S- °r ~l 7 1 i.~~~ ~~c~, ~~, ~'r~~~, rt- ~~, R~cEI vE ~,,, ~ ~ D 9 1.947 '~araNgn, 0 r~~~ ~ Q~ ~..¢r (~/ St,~-U rv ~ S~ o N~ ~dLrcC~^'1~ ~~ ~_-__ n ~~~~~ ~~~ ~~~~ MERIDIAN CITY-RURAL VOLUNT~FR FIRL D[~ARTMLNT 716 N. MFRiDIAN -1~1tIDdAN, IDAHO 83642 PHOIVB(206-888-1134) FAX (208~87~813) ~hrc ,.~¢ r-Cr' Q rJ c