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HomeMy WebLinkAboutLake at Cherry Lane, The No. 7 FPWILLIAM 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & z coMMiSSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 14, 1997 TRANSMITTAL DATE: 10/1 /97 HEARING DATE: 10/21 /97 REQUEST: Final Plat for The Lake at Chenv Lane No. 7 BY: Steiner Develoament LOCATION OF PROPERTY OR PROJECT: Resubdivision of Lot 31. Block 8. The Lake at Cheny Lane No. 5 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINA).. PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • nEii1UEST r+~R SUBDIVISION APPROVAL PRELIMINARY PLAT AND~OR FI*tAL PLAT PLANNI;~tG AND ZONING COMMISSION TIME TABLE FuR SUBMIS.SIV`t: A request for pre! irnina'ry plat approval roust be i•r, tr,e City Clerks Pa~sessicn na later than thrEe days iollawing the re~~ular meeting oz the Planning ar,d Zoning Cornmisslon. The Planning and moaning Commis~ior, will hear the request at the monthly meeting iollawing the month the request was made. Alter a proposal BritErs the process it may be ac±ed upon at subsequent mor,thiy meetings provided ,the necessary Thu-rsdayeyfollow~ngumtheatPlar,ningrear,dVeZoningre Commission, action. GENERAL INFGRMATION 1. Name o= Anne:•cation and Subdivision. The Lake at Cherry Lane No. 7 Subdivision 2. General Location,Resubdivision of Lot 31, Block 8, The Lake at Cherry Lane No. 5 Subdivision 3. Owners of record,_w;ll;am E and Viola M Teter • Address, 2201 N. Allumbau h St. Zi 83704 p Telephone (208) 376-8465 Boise, Idaho 4. Applicant,_Ste;ner Development Address, P. O._Box 190472, Boise, Idaho 83719 5. Engineer, Keith L. Jacobs, Jr. Firm Pacific Land Surveyors, a Address 1295 S. Eaqle Flight ,Zi d837pgon of POWER Engineers, Inc. p Telephone (208) 378-6385 Way, Boise, Idaho 6. Name and address to -receive City billings: NameSteiner Dev. Douq Campbell Address P. O. Box 190472 Telephone (208) 884-2076 Boise, Idaho 83719 PRELIMINARY PLAT CHECtiLIST: Subdivision Features 1. Acres 6.44 2. Number o= lots 5h RPG;~Pntial Lots 3. Lots per acre 8.6 ~. Density per acre .12 5. mooning Clas~i=icationcs) R-15 • r ' o. If the proposed subdivision i.s outside the Meridian City Limits but within the jurisdictiar,al mile, what is the e:~isting mooning classification N/A %. Does ±he plat border a potential green belt No fi. Have recreational easements been provided for No 5. Are there proposed recreational amenities to the City No E::plain 10. Are there proposed dedications of common areas? No E:tplain For future parks? No Explain 11. Wi~aT_ school(s) service the area Meridian schools, do you prop-ose any agreements for future school sites No E:~plain 12. Other proposed amenities to the City No Water Supply No Fire Department No Other Explain 1~. Type oz Building (Residential, Commercial, Industrial ur combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiple:tes, oti,er_ Duplexes, tri-plexes and four-plexes S5. P-roposed Development features: a. Minimum square footage of lot(s), 3,007 b. Minimum square footage of structure(s) 1,100 c. Are garages provides for, Yes square footage 440 d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Lots 57, 75 and 84, Block 8--Common area (2) 2. T-reGs will he provided Sor Yes Trees will be maintained Property Owners g. sprinkler systems are provided for Yes h. Are there multiple units vPG Type Duplexes,tri-plexes and four-plexes remarks i. Are there special set back requirements Yes, 18 ft. front Erpiain 18 ft. front and 10 ft. street side setbacks; 4 ft. sidewalk on one side of street; and private street. j. Has oYi street parking been provided for Yes ,E::plain Lots 57, 75 and 84 k. Value range of property 1. Type of financyng for development m. Protective covenants were submitted No ,Date le. Does the proposal land lock other property No Does it create Enclaves_ tvn STATEMENTS OF COMPLIAPICE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Higtiway District and Meridian Ordinance. Uitnerisior,s wail be determined by the City Engineer. All sidexalks will be five c5) ieet in xidth. ~'. Proposed use is in conior~rnance watt, the City of Merridian Carnp-ret~ensive Plan. :~ . ~. J. ~. Develaprner,t will connect to City services. Development wZll comply With City Ordinances. Prelirnir,ary Plat Will include all a:apropriate easements. Jtreet names must r,ot canTlict wilt, City grid system. 13) ~OF7'~ •~~\I ~fl Y~ 1V tl~y• 0 7 ~~~~ -n 28 V 27 om 28 s w •~ ~ // U ;. ,' 7~ r ~~~~~~ • _ 7 ... i I '- I E 1.-y IL ~ ~ I 2 3 /li~~ pl ~~ _ w_ PEI38LESTONE ST ~ ~ 4 {. ~ C u /~ •~~~~. I i 2~ 21 II G~, ~ 10 I I ~ a i ~~ u > w 1,:. •~ Z I 4 w 23 18 '9 In -yQ ' W ° 12 0 6 ~ - z ~~ ?4 IT = w I (B ' _i ~ F ~ 8 13 ~ 7+ I I f-~ Z e ° 10 ~ ., a Z ~NG~WpeD Sv4Dtvt Story ~ ` I W 23 16 IS 1 7 14 FI RESIDE --,~_„ W. PARK STONE ST b SUP,,DIV1SlOrJ ,. _'_izl ~ ~ '" \~ c I~ '~ '' a i 2 I I ~')~~. '" ~ I i W JOUST ~T _ _~_~~- -6 I~ W 2 I 14 r~ 1 -I.. T'~ ~.a~Ct Ct,'I" c V J ~ ? 3 ~r~F ~ ~~ ~~ ( to Q 3 ~AN©L~L/lC.fi't~ I z ~ ~ ~_ , i -. ~ ~ 1-=---;- - i C ~s~/rY t•av+t No -- - , ~ Z ~~ ~ - ~~ \` ~~ A I y `~ I 6 1 8 ~ v ion ~_ '. ~ ;z` I' I ~ i S~bdt is J I -• ~ '~. //11... ~- ~-~-'- I e .~ .. ( 8 I ° I Il 1' ~ i2 I .3 I 14 I .~ ~ •cT~ JF 31 , 32 I 33 ) 34 I 35 Z ` w. KuON Llb~ STREET ~ ~ 6 0~9 ~ 7 8 1 S I 4 70 l 73~~ Y- -~ - _ --_ se 52 L `~. MIR.'CiE CT ~ /' W %IE_0. SEaN GF ~ 87 34 ~ ~ - - 3 88 1/. MOON LAKE LA 35 ' ' ~ ~ ~ I I . - 1 1I I ~ I 9 N ~. Z 92 75 5W 38 ., ~ ~ 3 ^ ~ ~ I1 ~ I III M~', r ~ I OIL 84 90 78 ~ as ' _ ~ APKwooo -~- - -- 77 ,, ~ I A I 5 6 2 I ~ , iN` ~ ~ ~ I 82 BI a C B9 88 79 Je z 40 E .. ~ I I I`/).':/1 I /,~ Vi~\ J ` D ~ ' ( ~ g ~ f, 7 w eo a e 67 8 79 z c 41 _- ---- -,- ~ Fc~-- - ~ ~ '~_ ~ ~ J:. r•.:Atl! S-KE ~•I ~_ ~ (_ ~ ~ o ~ '~ 58 2 BS 9U 81 a 43 I ° ! I __ _ ~ ~ ° 1 5 ~ t \ 7 / G ' 9 t - I ' I I; ~' z ~~ 57 82 Z 44 _ I I ~ ~ I ~J 52 B4 83 52 ~ ~ ~ ~ I I i ~ ~ A. FIELDST REAM LANE 49 \ ~i~ ~~~ ~~~~ o ~m ~ z , , ° 5 ~ ~ ' 10 i ~~ 13 ~ ME I IS Ib I 17 I I 58 55 54 33 a ~ 51 50 49 48 47 / - / ~ : 4 \ ~ \ ~ I 1 ` 1~`~ 21~ 22 i 23i 24 i 25 i 28 2s m ~ 20 C ~-~Y 1 a z 19 m 4 S ~ 24 13 u 18 ~ 3 <8) 6 z w 23 14 17 C 2 7 s V 0. 22 ~ IS 18 Z 1 8 Z W. FOXTROTTE~Ok. ® -- - 1'~ ~ ~ •~ / \ 17 I8 I I I o a to ~ _ I -~ 1MC7 ~w. T~ s`"LSB 13 12 11 l0 37 43 4z el -- 9 I~ I 1 g ~~ 8 !~ IS ld DRIV 18 ~ MONTROSE ` z 4 47 4B E 2 10 D 2 Oj 7 5 ~ 17 S3 52 SI Sp 49 ~ O ~ ~ 18 °i~ ~ 45 48 11 m 3 z d 'e X. MONESSEN STREET Z z m ' a 8 s 19 i 1 z 4 S ~i 3 20 w "'a o x 13 ~ 2 21 n. w z 54 SS SB 57 SB 83 82 81 80 59 40 I -I~-~~ ' 3 ~ 9 Q 2 Q I `~ p ~~ ~ --~4 ` ~~ 19 to ~ O'~ ~ 38~ I - I 1 • r fC, I~I• 3 Q 3 JiL I. `, 7 ~ n ~ `~~ 3~ V r K. N 38 ~ i. 8 ~ ~~ ~ I I3 ~ ~2 ~~ ~ 12 Z S 4 Z I~ 32 33 3 1I I - ~-~ 13 ~ . 4 35 ~ it 23 - 6 ~ W. _ ST?. L I r~ ,~ 31 I ~ : ~',J )`~ . KII2KA11 DRtDE o ;I ~4 IS t6 17 IQ 19 ~ ~ 22 A. MORTENSON STREET 30 ~ I I 9 ~ I~ 1 I v14 iS. gyp. 1f (`.I 1 ~ 23 24 /9 ~ - - IL'-LI I /B ~ I ~ ~ 9 q ~ Z • 2 ~ IQ - ~ s Z ~ -M~1p~i yr ~ / 37 36 I ~B 3fi 4 I I I ~ - 24 7 zs 2e 27 ze ze , e ~ I~ -_.\~_T I • v ~~-J I ~~~ 8 9 I~ II ~ Ic I I ~~ I 4 S I 6 ~T 9 7 6 S 4 3 2 1 ~ ~ I`'/ i I I I ~(\ ~~~ w ~EV.~~Ic-c sT. _ ~. ~. ' ~ S Q W ~~ 4 1 W lle .y-. ~ 4 33 32 31 ~ 10 ~ ~ 4 a' S I 1 2 3 1 4 S a I ~ i -- // ~ ; - -- ?he L4skt 4+,.f ~le v r Y 6 u0i 3 ° -- - 11 30 Ir.I i i 3 z ; iQ ~ 9 g ~~ N~~ T .~yb~ i _i , , 3 Z 7 Z ~ Y~c~N~Ty MAP • 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 September 15, 1997 Meridian City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Subject: The Lake at Cherry Lane No. 7 Subdivision Dear City Council: We respectfully request approval of the final plat of The Lake at Cherry Lane No. 7 Subdivision. This 59-lot subdivision has 56 single family lots, one private street lot (L,ot 52), and two parking lots (Lots 75 and 84). This plat is the re-subdivision of Lot 31, Block 8, The Lake at Cherry Lane No. S Subdivision. This property is zoned R 15. All lots exceed the required 3,2001ot square footages and 33-foot street frontage, except building lots 34, 35, 45, 46, 47, 48, 49, 68, 71, 72 and 91. The deviation is necessary to accommodate one duplex building; three triplex buildings; and the fourplex building. Lots 34 and 35 are part of a triplex building proposed for Lots 34, 35 and 36. The three lots met the lot size requirement, but only have 75 feet of private road frontage on a curve. To address this condition, a common driveway for Lots 34 and 35 is proposed to be 29 feet wide at the curb and will provide a 5-foot setback from the common lot line of Lots 33 and 34 and Lots 35 and 36. Lots 45, 46, and 47 are proposed for a triplex building. Although Lot 46 is less than 3,200 square feet, the three lots comprise 12,291 square feet, 2,691 square feet greater than required. The private road frontage is 49 feet along the roadway curve. To address the frontage condition, a common driveway for Lots 45 and 46 is proposed to be 25 feet wide at the curb and will provide a 5-foot setback from the common lot line of Lots 44 and 45 and Lots 46 and 47. The driveway for Lot 47 is proposed to be 10 feet wide at the curb and will provide a 4-foot setback from the common lot line of Lots 46 and 47. The 10-foot wide driveway should not be a problem for Lot 47, because the garage is setback greater than 50 feet from the street property line. Lots 48 and 49 are proposed for a duplex building. The two lots meet the lot size requirement, but only have 45 feet of private road frontage on a curve. To address this condition, a common driveway for Lots 48 and 49 is proposed to be 30 feet wide and will provide a 5-foot setback from the common lot line of Lots 47 and 48 and a 10-foot setback from the common lot line of Lots 49 and 50. Lot 68 is the middle lot in a triplex building proposed for Lots 67, 68 and 69. Although Lot 68 is less than 3,200 square feet, the three lots comprise 11,359 square feet, 1,759 square feet greater than required. The private road frontage for Lot 68 is 30 feet, three feet less than required. Because the middle lot does not need the building setbacks for a triplex building, the additional three feet is not provided. Lots 71 and 72 are the two middle lots of a fourplex building proposed for Lots 70, 71, 72 and 73. Although Lots 71 and 72 aze less than 3,200 square feet each, the four lots comprise 14,133 square feet, 1,333 square feet greater than required: The private road frontage along Lots 71 and 72 is 30 feet for each lot, three feet less than PLS-BOI 58-765 Pacific Land Surveyors, a division of POWER Engineers. Inc.. an Idaho Corporation Meridian City September 17, 1997 Page 2 • required. Because the middle two lots do not need the building setbacks for a fourplex building, the additional three feet for each lot is not provided. Lot 91 is the middle lot in a triplex building proposed for Lots 90, 91 and 92. Although Lot 91 is less than 3,200 square feet, the three lots comprise 11,359 square feet, 1,759 square feet greater than required. The private road frontage for Lot 91 is 30 feet, three feet less than required. Because the lot middle does not Head the building setbacks for a triplex building, the additional three feet is not provided. The pressure imgation will be an extension of the existing system serving The Lake at Cherry Lane No. 3, No. 5 and No. 6 and the Englewood and Fireside developments. The Nampa & Meridian Irrigation District is the agency responsible for the operation and maintenance of this irrigation system. Steiner Development is the developer of the property owned by Bill and Viola Teter. This final plat is in conformance with the approved preliminary plat and conditional use permit and meets all requirements or conditions of the preliminary plat and conditional use permit except as noted above. The final plat is in conformance with all the requirements and provisions of the City of Meridian's Subdivision Ordinance except as noted above. The final plat also conforms with acceptable engineering, architectural and surveying practices and local standards. The private streets are designed in conformance with Ada County Highway District specifications. The development will be served by the City of Meridian's water and sewer systems. Thank you for your time and consideration. KLJ:smg Sincerely, PACIFIC LAND SURVEYORS A division of POWER E ~ eers, Inc. Keith L. Jacobs, Jr., P. E. PI.S-BOI 58-97896 • o °' o rn M---t ~ a N ~4 O O ^~~ h~ ~ W W 0 ~ ~ ~~ ~ ~~ Z w J Q U O O W O o ~~ si ~~ N ~~ w .~ s N F U W ~~ ~ ~N r~i ~ QtlOII H7IW N3J. 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Tetc:~r any' '-- Viola K. TzteY w)~o~c mailing addre~:s is 2201 Rllumbaugh, liaise, ----..,. County ;~~ :lc:a, 5tatc o£ Idaho, ti~E~ party of the second p~.rt, H.'I'I'~F.~`rF:'rH, that :he :~;,...~. Jr y ~ the Firs: aGr., for ~nno i^ consici~raticsn of the su:t~ o' ''en ~3nJ no/340 Co:lars ($I(~.©(+) la:~ful money o` tl~e _-ai.ec: States of ~,merioa and other ~jooc and valuable <:cnsideration, tt pa.~„ of ti~~~ first :gar; in h_ancl pac; by tht; party of the se;:onr l~srt, t1-;, rec:eipt whe;teof is ;~ere:,y aeknc~wledgecl, does t>y tties~t presents ren~isc, zelease and fvrv~•~~r QtJTTc'i.AI~i, unto the said p<jrty oi' the s~:conc pert, and to p~~r,t, ~:~ the :~t;;Ur:Lj ~1Ct~S ht?lC3 i3nia c1;~S1lJn5i, ~7rLV@r ,11 r1Uht, ti _t_t~ and ink~_rc.~st nc~.r c+wr.ocT r ~, ~r h.,rFa. te_ accjUlrnd ;; f" ttte party o' ;~a first part in all thc; fol:o:,ring c4sctibed r~a_ estate, situated in County of Ada, Sr_~te of Idai;a, to-wit: The Southeast ?uart~r of the Northeast . Township 3 North, E2ange 1 ;west ~ ,Quarter iii Section 3, •-~Idaho. Boi.,e ,.~ridian, Ada CoL•~ntl, TOGETHER, with all and-sinyul3r the teremenLS • and appurtenances thereunto 5elon ~.heredxtaments and tho reversion and yinq °r in anywise aPPertai;~ing, reversions remainder .and Lemainders, and rec+ts, i s.sues and pro F i to ~, .,.; . ~ . Ult1t)y!'(~il~~ To ;~:~~IF. a~~~,, TC FroLt~, ~~I1 and singular, the said pr2mise5, to~ethex with tho apourtenan~es, unto the said party of the ser_onc: part, and tc• par _y- of se:.an3 part's heirs and assigns foLe~~~r . In pons:ruin::. this fiend and whLre the context so rc-n11 r~s, the sin_tulat in;;iuae:: the ~~1~ ra'.. I~, i-'I•I•K~S<; t.;-:e•~r:,~z~ .7e lair. ~>artp of the first .part has herEUnto set his hand ana sea: th:• da}~ and year first a:>ove written. _ . LJii.LIAM ~. TETF..it ` ____~-~ CJc"` ~ VIC)LA M,, TETE,k '~ c ` SS . Coun~y c,f AU?1 ) O n t it i s ~~ d a _, o .° ~CL_ tL't'k.~C i n the ear 19 Y ~ , before me ,the undersignhc?, a Notary ~ubtic in and for Sa2d State, personally ~~ppeared t ,~ ca (J~~ kno~rr, to me to bt• t,te person (~;) ---~.~ whose nume,j ~~ 5ubsczib~d tq the within in;;trument, and acknowledged to me that '~~,~~ executed the swme. J . ,.-~....~~;, • ~ trtlEl2EC)F, I. haveunto set m official se~-~~ Y hand ar.d affixed m; .the ddl, anti ;,uar in this Corti: icat written, a first.abovz .. ',• ~, Vf 1L'•~`'~~~'`• ~,~ ~ ~ u ~ --`-N ~otar}~ PU lC ~-C'~^~ Kesidinc °L the State o ~--• .7 t'~t Icarto Iaa'to . '~: \ i• /r ~• .. ~y~a ~,.~>, . ;;, ~,,, , 2 ,. ~ , ASSOCIATED EARTH SCIENCES ~C. ~-}" ~-!- ~ • 1 • BIOLOGY • GEOLOGY • ENGINEERING • SOIL SURVEYS • SOIL AND WATER QUALITY . `'~ n / ~/ ~~1 • RESOURCE PLANNING AND SITE INVESTIGATIONS ~(~' ~' 4696 Overland Rd., Suite 516 Boise, Idaho 83705 (208) 336-8661 Keith Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, ID 83704 Dear Keith: June 4, 1997 DECEIVED ;SUN p 6 )yy~ PLS This report pertains to soil physical properties and internal soil drainage conditions found on "The Lake at Cherry Lane No. 7 Subdivision." Test holes (backhoe pits) were examined and logged at two locations where retention ponds will be placed. Field notes for the test holes and a plat map showing the approximate location of each are attached. The Lake at Cherry Lane No. 7 Subdivision Test hole No. 4 (TH4) currently has free water (water table) at a 76" depth, and is mottled and gleyed to within 27" of the ground surface. The very moist condition below the 27" depth, along with the mottled and gleyed colors, indicates water tables have risen, in the pasty to that level and would be considered to be the "Seasonal High Groundwater Level". Test hole No. 5 (THS) currently has free water (water table) at a 72" depth, and is mottled and gleyed to within 11" of the ground surface. The very moist condition below the 11" depth, along with the mottled and gleyed colors, indicates water tables have risen, in the past, to that level and would be considered to be the "Seasonal High Groundwater Level". If you have any questions about this report, or if I can be of further assistance, please call me at (208) 336-8661, office; or (208) 375-7565, home. Sincerely, ~~~~~ Glen H. Logan Certified Professional Soil Scientist - • AES • Soil Evaluation Evaluation Date 5/13/97 Requested by Keith Jacobs for Steiner Development Phone 5208) 378-6385 Address Pacific Land Surveyors, 290 N. Maple Grove Rd. City Boise State Idaho Zip Code 83704 Lot Size ----- Bedrooms ----- Parcel ----- Legal Description _The Lake at Cherry Lane No. 7, Lying in the SENE of Section 3, T3N, R1W, BM, Meridian Ada County, Idaho Slope 0-1 Evaluated By Glen H. Logan, CPSS Pit TH4 Pit THS 0-12" Silt loam (25% C), 0-11" Silty clay loam (30% lOYR 4/4, common C), IOYR 4/4, fine and few medium common fine roots. and coarse roots. 11-27" Silty clay loam (30% 12-27" Silt loam (25% C), C), 2.SY 4/4 matrix, IOYR 3/3, common 2.SY 4/2 mottles, fine and few medium common fine and few and coarse roots. medium roots. 27-41" Silt loam (25%+ C), 27-39" Clay loam (30% C), lOYR 3/4 matrix, lOYR 4/6 matrix, lOYR 4/5 mottles, 2.SY 3/2 mottles, common fine roots. common fine and few medium roots. 41-60" Silty clay loam (30% C), 2.SY 4/4 matrix, 39-57" Silty clay loam (30 0 IOYR 4/6 mottles, C), 2.SY 3/2 matrix, dark brown lOYR 4/6 mottles, manganese stains, few few fine roots. fine roots. 57-75" Sandy loam (10% C), 60-74" Very gravelly loamy 2.SY 3/2 matrix, coarse sand (5-10% lOYR 4/6 mottles, no C), variegated color, roots. no roots. 75-84" Extremely gravelly 74-96" Extremely gravelly coarse sand (< 5% coarse sand (<5% C), variegated color, C), variegated color, no roots. no roots. TH4 -Very moist below 27" depth. Free water (water table) at 76" depth. Water table normally rises to within 27" of ground surface during the latter part of the irrigation season (August-September). THS -Very moist below 11" depth. Free water (water table) at 72" depth. ~ ~ M ~ ~, o o ~1 ~ t U ~o~ 1 1 0~~ v w~VIO 1 RI ~ ,vf V 'o ~~ ~~ I ~ O t ~ J ~ WW }'? ~` {rL ax-~n ~ x 4 JO . ~~y Jr n a ~, ~o~~°~~_ ~. -l. ~ W ~ Z 'L ~. ~ Z 11`zv ~ " w d~~ L, r a ~ ~ _ W ~ ~„ ~ + .~ ~~ 11~ 4 ;~ :~ rf r, - 1 ~- xI~ 8 CF S t ~ ',. -..' c ~~ ~ ~ `}fir 51'' ` s~YFt _~ j d ~ ~i ~ I I w ' J I I ~ ~ 1 1 0 A• o• •IID1i I I , ~~ ~ t ,Ir i~ 1~ ~~ ~ ! i~ i Jf!/`1 rr~l~ tl~'i `t E ~~ fa i ~~ i 1• ~ 1~~ 1'1 ~1+[ Jj1 1rt r~ i ~~f ~jl 1, ~ ~ 1; r ~! ~ l li , ~` f ~;e ~~` ~~ ~ i 't ~~~ ~l ~ ~ iI t z ~ ~~ ~tl ++E(; ~ r i~ ;~~ ,, f 1;E j, j'1 ~~ ~ #~ i~ ~~I ~~ ~ ~ j- ~/ _~~ , !' 4 ' ~~ , It an+•../ asrs ~... _ el'd naw~a 'r Vi-~ _. ...._ _ _. ~- ~! lll` ~.; ~, ~,~~~ ~~j, ~~~~_ il,~ ~• i 3 / i~~~ rs -~1~ ... r..... .n„rua•.. vn .w;e:; w. ~ 00[1 r iL S r „"`.III 1 E . 1t $~~ $ ::r~?r'S a.y. _;I. 'J~`~ ~ f i... • ~•ai• ~ ~ - -~•• . I N ~ ~ r of ~ I ~• I~~ 2 'I ~ ~ ~!• • ~~~ 1 ,. a , • ~ a _ • I ` r ~ .!y lla sR. lli 1iTl 1ltt. 1T ~ Wa + I ~-~ _ _ e I RI >e teeS'le' .a ^T aler ~ ~ .r L. +~ .I.~ x I ~I~ I ® I I >t t I I I i I twn ear w''j f o Y Xdlt I a r I ~ 1= _~~ _ • ~ e ! 1 ~ ~1 ! rat 1 ~ e t I ~~ ww. 'i"a.~r,e:. .~ ~ 1 I F e jf i [1 /c I ~• Yyax.lr.~c~$ C `! i. ~!!~ s1 r~r_a-: ~ ~ err ona .~ vy f ~~tw . w aua a y i ~~ , . »__- -~ r- _- 1 r ~~..n_Y~~rr.I wora K-C ~ • T aY r a ~~ ] .tJ.eL00 w - - / ~ p01iYnM a 'ea errl anl°i ar Ian aau ~ f [ j l J 1 t ~ 1 1 - - ~ - ~.`~ ~ ~1`, S~DIVISION EVALUATION~HEET RECE~VEC OCT 2 8 1996 ~~..~ , _ Proposed Development Name THE LAKE AT CHERRY LANE NO. 7 City MERIDIAN X~ `~ Date Reviewed 10/24/96 - Preliminary Stage X~CX Final - , Engineer/Developer .Pacific Lan Surveyors/ Steiner Development 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 appear on the plat as• "N TEN MILE ROAD" -- "W USTICK ROAD° "W TETER " "5~fz~>c,? "W MOON LAKE DRIVE° JN MONT ALTO WAY° cannot be used The said street is in alignment with "N. ALTO AVE ° in phase 6 and shal appear on the plat as "N ALTO AVE ° ~1/. PERISCOPE STREET" is in aiignme~+ w~+h "W FIELDSTREAM T" and shall apaear on the plat as "W FIELDSTREAM°ST2e ~ 7 " "N ALTO WAY° is in alignment with "N ARONMINK WAY° and shall appear on the plat as 1~1. ARONMINK AVE " The followina proposed street name is approved and shall appear on the plat as "N YARD ARM AVENUE° The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ACA COUNTY STREET NAME COMMITTE , GENCY P ESENTATIVES OR DESIGNEES Ada County Engineer John Priester 1 Date ~~~' "'~ Ada Planning Assoc. Ann Hurley Date ~o_ Z~-~(, ~ City of Meridian Representative ~ Date /O -ZS~ fG Fire District Meridian Representative Date ~~"~S `9~ 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 1111 Sub Index Street Index 3N 1 E 3 Section NUMBERING OF LOTS AND BLOCKS TR~.SUBSISM CITY.FRM dCHD • EAX 70: Rick Clinton Engineering Technician 887-1297 DATE: dune 4, 1997 FROM: Steven Snead Development Analyst Traffic Services SUBJECT: The Lake at Cherry No. 5, 6 and 7 ACHD will accept the storm water run off from the private streets within The Lake at Cherry Lane No. 6 and No. 7 into the public facility located within The Lake at Cherry Lane No. 5. Please call me at 3~F5-7662, should you have any questions. 002'002 ado county highway district 318 East 37th • Boise, Idaho 83714-btl49 . Phone (208) 345-7680 SUSAN S. EASTLAKE. President GARY E. RICHARDSON, Dice President SHERRY R. HUGER, Secretary • 1295 S. Eagle Flight Way Boise, ID 83709 (208) 378-6387 Fax (208) 378-0025 Letter of Transmittal September 17, 1997 To: Mr. Will Berg City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: The Lake at Cherry Lane No. 7 Subdivision Enclosed are the following items: T3oc~l(t~~nt Date ~.4 , ..S _. <>::: UBt:Cf'1 ion ::::: 30 ea. Written A lication 30 ea. Vicini Ma 7/18/97 30 ea. Front P e of Final Plat 30 ea. Statement of Conformance 7/18/97 2 ea. Si tore P e of Final Plat 1 ea. Warran Deed 30 ea. 1" = 300' Final Plat 30 ea. 8 '/:" x 11" Final Plat 1 ea. Check in the amount of $590 to Ci of Meridian 5 sets Construction Plans 6/04/97 lea. Soils Surve 10/25/96 1 ea. Subdivision Evaluation Sheet 6/04/97. 1 ea. ACHD Storm Water Acre tance letter 1 ea. Declaration of Covenants, Conditions and Restrictions 1 ea. Develo ment A reement These are transmitted: ^ For your ^ For action ® For review ^ For your use ^ As requested information specified below and comment Sincerely, Pacific Land Surveyors A division of POWER Engin c. Keith L_ Jacobs, Jr., P.E. KLJamg Enclosure(s) Sent Via: Delivered PL5-BOI 58-764 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation FaE tort= a~a Cf1UNTY RECORDER ;, DA~~l1~ htAVARRO DEVELOPMENT AGREEMENT 1999 JL -8 PM I ~ 37 PARTIES: 1. City of Meridian 2. Steiner Development, L.LC. RECOROED-R~'CiiEST Of < < f EEc~~~pEiTY `~~~°99067741 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 6 ~ day of ~~~., l4q ~ , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and STEINER DEVELOPMENT, L.L.C., hereinafter called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater, California 95301. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning SL Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 Z = 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~ day of ~ i~C'. , 199 has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 t s NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Steiner Development, L.L.C, whose address is 554 E. Bellevue Rd., Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 3. Meridian City Code which are herein specified as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where DEVELOPMENT AGREEMENT - 3 1 ~ predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions, which conditions have been taken from the Findings of Fact and Conclusions of Law approved in 1994, and which are attached hereto as Exhibit "B": 5.1.1 That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, IC, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in DEVELOPMENT AGREEMENT - 4 t t need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.2 That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa Sz Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development agreement. 5.1.3 That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation and if not so tiled the property shall be subject to de- annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 5.1.4 The Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, IC, L; DEVELOPMENT AGREEMENT - 5 t ~- that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.5 The house size representation of 1,500 square feet must be met. 5.1.6 That proper and adequate access to the property is available and will have to be maintained. 5.1.17That these conditions shall run with the land and bind the applicant and its assigns. 5.1.18 With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 5.1.19That if these conditions of approval are not met that property shall be subject to de-annexation. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 t 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 7 !i connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMA]'~~1CE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to DEVELOPMENT AGREEMENT - 8 I ~I insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, California 95301 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT - 9 r ~ 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or DEVELOPMENT AGREEMENT - 10 r r their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 11 ACKNOWLEDGMENTS 1 IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY• ~ • Developer Attest: Y RESOL I NO. CITY OF MERIDIAN BY: YOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. 2`~l SF~4L s ..~~ ~ ~~ ~ ey/Z:\Work\Ivl\Meridian 15360M\Dakota Plat\DevelopAgr DEVELOPMENT AGREEMENT - 12 i • STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, _ .~,~_ a otary Public, personally appeared ,known or identified to me to the Presid tan Secretary of said Steiner Corporation, L.L.C. and who executed the instrument and acknowledge to me that said Steiner Corporation, L.L.C. executed the same. (SEAL) Nota ublic for I aho Commission expires: J/- ~/-~C~~ STATE OF IDAHO :ss County of Ada On this ~ day of , in the year before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. eNeN~ee Q• eeo e~ .~ *; ~.~ :~ pUB1.ZG ~: J-~ e ee ~~° ee'eeesejeee `VO~~~ Not Public for Idaho Commission expires: /G~/S~~ j,YY~ EXHIBIT A DEVELOPMENT AGREEMENT - 13 ~ ___ ~C~1L~OR ---- -___ G01'~01 ?9 ~~ c ISf,~pgp ~•4f f I SEX ~ r -: '- ^ _ ~' ~ HT; 6-ll~Wy~;.~tta .- ,,,.e.~ , ~ -~' ~ 'r - ~i~~as.~ '.may . ... a~iair~ aas ~ ~= ` i ~.~ FC/02 .R7~8 ~~~~ ~~ C s~ ~e,~ T f- S~ c ~ G ~ ~ ~~1~ STE ~.~~ E,z U~EvG~o~°~~~r Zrr.C i Legal Description Of Property EXHIBIT A DEVELOPMENT AGREEMENT - 14 i • f ' Commencing at the northwest come: of Goverment Lot 2 (north 1/4 comer) of Section ~, T. 3N., R 1 W., B.M., thence S 0°27'37" W 25.00 feet to a point on the southerly right-of--way of Usticlc Road, the RF.AT, POINT OF BEGINNING of this description; Thence S 89°06'21" E 1,320.42 feet alons said right-of--way to a point on the east Line of said Government Lot 2; T'neace S 0°26'04" W 1.342.08 feet to the southeast corner of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south Iine of said lot to the southeast comer of a proposed school site: y along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; T'nence N 0°00'00" E 347.7 feet to a point; Thence N I7°00'00" E 108.69 feet to a point; Thence N 0°3'39" E 254.00 feet to a point; Thence N 7?°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point; Thence N 89°32'23" W 223.11 feet to a point on the west Iine of said Lot ?; Thence N 0°ZT37" E 321.03 feet to the R,EAi. POINT OF BEGINNING of this description. this proposed subaivision comprising 28.64 acres, more or less. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT i • EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT-15 • ~ ~~}p?~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVENUE ONE ANNEXATION AND ZONING A PORTION OF THE NW 1/4 NE I/4. SECTION 3. T. 3N.. R. IW.. B.M. DAKOTA RIDGE ESTATES MERIDI_A1V, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 19°4, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Royianc~, and having duly c:.nsidered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April I2, 199a, the first publication of which was fiite~n (15) da~7s prior to said hearing; that the mute=' WnS du1V CGnsi.dered at the ~nr1l 1L, 1~9a, hearing; that the public was g'ven fsll opDOrtun'ty to e~nress Ccmments and submit eTT?denCe~ anC that COD1eS OI al! nOt.C°S wer_ avai~cDle t0 Ile?JSpaDeT_', T_'~C10 and t''c~ eV=S10n Stay OnS. L . That the propert;7 included in she cIJT7! ' C3t_Gn for anne:Sct.I.On anti ZOn1nQ .S de~cr"bed in the a27p11C3t_On, anC bV this i • reference is incorporated herein; that the property is approximately x1.57 acres in sire; the property is west of Ten Mile Road on Ustick Road. ?. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-s Residential type develoUl,,...~~..~ that the Appl~Cant states ir, ha Subdivision application that the lots would be 5,000 square feet, that there would be 135 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1,500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,000 square feet, and that sprinkling systems are provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-a, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Asrlenbrznner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning app! 1Cat=0n i S W? thi n the as e3 Of TIIiT]aCt Of the Cit'T Of Meridian. 8. Thal file ent1.2 G7arC°~ Of QrOllnd 1S 1nCllldea 5J1th1n the i?e_-~ Q1cn Urban Scr'T1C° P' ann' nc Area as the Urban Ser-Tr,C° Planning Urea i ~s defined in the ~^er-Q? an Comprehens ~ ire P i an . t ~ Q. That the Application reeuests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that to intended development of the property is for an R-~ subdivision anti the subdivision Appl=Cation states the density would be approximately 3.i5 dwelling units per acre. 10. The Applicant's representative addressed the Quesiions of Gary S~~ith, City Engineer, and such responses are incorporated herein as if set forth in full as are the comments of Gary Smith. lI. That comments were received from the Meridian Police Department, Fire Department, Meridian School. District, Ada County Street Name Committee, Cantral District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as iT set forth in full. IZ. There were twc people testifying at the hearing; Beverly McRay was concerned about the traffic on Us iic?c Road; Gary Johnson did not object but wanted it on~ the record that he has a family farm i n the area and t:~at from the fain there is dust and they apply sprays, which could be objectionable, and he just wanted the people to know that they did those types of things. 13. Thai the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. la. That in the Rural Area section of the Comprehensive Plan, Lana Use, Rural As~as, Section 6.~, 't apes Stag tnaL lana in aQr_C:llt:lr 1 aCLiV' ty 5:1ou1d SO rema? n '' n aQr=C:1! ttlral aC ~~V1ty unt=~ urOan Ser'T1C°S C.I: 'L]e prOV1QeC. ~ C . Ti~'lat P~!er~ o.i an haS , cnti 1S , e±:0erienC'.nQ c p Opu ~ at? On 1I1C~ e3s2 ~ t:laL t:lere are pressures on ! anQ DrEV? CllSly uScC fOr S • agricultural uses to be de=reloped into residential subdivision lots. 16. That the property can be physically serriced with City water and sewer. 17. That the R-3, Residential District is described in the Zoning Ordinance, .1-2~ °.^^ 3 as follows: (R-s) LOW DENSITY RESIDENTI_AL DISTRICT: The purpose of the (R-4) District is to permit the establishment of leca density single-family dwellings, and to delineate those . areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,x00 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety or residential categories (urban, rural, single-family, multi-family, townhouses, apartmenis, condominiums, etc. ) for the purpose of providing the CityT with a range of affordable housing opportunities." 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Sar-pica Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and s2*aer servlCe and the property is plattea and Si1bd1V_Ged . n Z0. That the MeriQ~an Comprehensive Plan, under Land Use, Y~.llral ~reSS , O . ~ , i t States as follCws "Resi Qent? al development ~ s allowed in the rural area nrovi ded that Sand development QOes nOt eVC°°~ the Rural Residential Agri cultural densit-r, unless ~ u ' s ;ns~ae the Urban ~z= T=C° i a Planning Area and City sewer and water is provided, then Low, Medium and Hiah densit~r residential may be considered. All residential development must also comely with the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Hcusing, Housing Policies, at pace 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide dive.~sity of housing types ( single-fast:=' y~, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic baekaround." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it diffic•~it to continue farming in the area. 23. That the City Engineer has previously submitted comment in dif=event applications that a determination of ground water leve l and subsurf ace soil conditions should be made; that such a comment is equally applicable to this Application. 24. That in prior requests for annexation and zoninc in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development aar~ement including an i mpact fee to help acquire a future sczooi or par?{ Site t0 Ser'Te the area anQ that anne`Ynt10I1S Shou! Q oe Si1D]e^r~ t0 1I11CaCt ?'2eS :Cr Dcr:{, DU11C°, and f_T~ 52=~-J1C°S aS Qete?-IIineC bV t'1e c~tv and desicnated ; n an ~appreve develooment aaree*ne:~t; 'that SIC CCmment 1s eauall•T app.1? Cable t0 t_11S aDp.L1C~t.On. _ • 25. The Meridian School District submitted comment and such is incorporates herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assumed of attending the neigilbonc~od schools; the School District asked for supDOrt for a development fee or a transfer fe.c to help of=set the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amenaments to the Local Manning Act, which in 67-v'S13 Idahc Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including. school districts, to deliver services without compromising quality of service delivery to c'arrent residents or imposing substantial additional costs upon c•.lrrent residents to accommodate the subdivision."; that the City of Meridian is concerned with the incre_se in population that is occur=ing and with its impact on the City being able to provide fire, police, emergency health care, water, se:~rer, parts and recreation services to its c'arrent residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the NSeridian School District which .provide school scr-s~ce to Current and. future residents of the City; that the City knows that the increase in population does not sui=iciently increase the tz.c base to of=set title COSL OL proV'ding f_re, p01?C°, emercencv health Care, Water, S2T.ver ~ par{S and reCreatOn Ser'71C°S ; anC the City it:lOWS f=lat file _nCreaSe 1n pOpulation dOeS nOt provide SuflCient tax baS2 tC proV' de fOr Sch001 Ser'T' CeS to Cali.=2nt anC f iltilr? StilQentS . _ • 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, i= possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, wel=are, and saf ety of the citizens of the City of Meridian. 28. That Section 11-9-505 C states as follows: "Right-of-way for pedestrian walkways in the middle of long bloc.'cs may be requ= red where necessar~r to obtain convenient pedestrian c=rculation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 2°. That Section 11-°-v'05 G 1. states as follows: "Planting strips shall be reguired to be placed nett to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties . Such screening shall be a minimum of tT~renty feet (2 0 ' j wide , and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-?-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section I1-9-605 R states as follows: "The extent and location of lands designed far linear open space corridors should be determined by natural features and, to lesser extent, by man-made- features such as utility ease_TIlentS, transportation r? ghtS Of waV Or Water r? QntS Of way. Landscaping, screening or lineal open space corridors may be reguired for the protection of residential properties i'_'Dm aC1 jaC~nt arter' a1 StrO°t5, wateT-~raVS, ra~! toga T_'1QALS O= wav Or other features . AS 1mDrOVed areas (lanClSCapea) , SeTr'11- 1Ii1DrOVed are? S ( a landSC3pen pat3lwav Cnl.j j , Or un~1DrDVed are S ( left i n a IIctural State ~ , l;ne3r Open SDdCe C :r=;Q0r5 s e r-re 1. To preset-re openness; 2 . To ~ nterconnec t par.'{ and open spaC° svstems w? tn~ n r? Qhts i i of way for trails, walkways, bicycle ways; 3. To play a major role in conserving are_ scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park. areas and recreation facilities." 32. That Section I1-9-o05 L states as follows: Bicycle and pedestrian pathways shall be encouraged within ne:o developments as par ~ of the public right of way or as separate easements so that an alternate transportation syste_n (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle-Pedest-ian Design Manual. for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing cf notice to owners of proper t? within- 300 feet of the external boundaries of the Applicant's property. 2. That the C~tv of Mer?ci'an has author-t'r to annex land purS~lant t0 l7-L~Z, Ic1ah0 Code, and Se~t10n I-%-11! Of tale Revised and Compiled Ordinances of the City of Meridian; that e::ercise of the C1t'T' S anneYaty.On author? t`T 1S a Le~lSlat=ve i:1nCt10n. i i 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Flan, as amended, and the record sunmitted to it and things of whic:l it can take judicial notice. ~? . '.'hat all notice and hearing reg::i._cm_.~ts set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. ~~ 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the aresent City limits of the Cit-T of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of t:7e Cit;T of Meridian; that the annexation s:zould be denied if the ow-ner's reQUest or consent to annexation and zoning is not filed with the City prior to the hearing before the City Planning and Zoning Commission. 8. That since the annexation and zoning of lane is _ legislative function, the City has authority to place conditions upon the annexation of 'land. Burt vs. The City of Idaho Fills. 105 Idaho 65, 665 P.D 10.75 (1983). °. '"hat the development of annexed land must meet and comply w1t:1 the Ordinances Of the C1t'•T Of 1tiler' Q~an anQ 1n Dar~~ C:llar SzC_On 1 i -0_Q i 6 , whi ci7 :.er~alnS t0 QevelODment tame schedules anti i s requirements, Section I1-9-b05 M., which pertains to the tiling of ditches and water ways, and Section 11-0-606 B I~, which pertains to pressurized irrigaticn; that the Appl'cant will be required to connect to Meridian water and se*aer; that the development of the property s;Zall be subject to and controlled by the Subdivision and De~iclopment Ordinance; that, as a condition of annexation the applicant shall be required to enter into a development agree_nent as authorized by 11-2-x16 L and I1-2-sI7 D; that the development agreement shall address the inclusion into the subdivision of the require_nents of 11-9-b05 C, G. , H 2, K, L and prior comments of the previous Planning Director, Wayne Fvrre;r, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the Cit?t is in need of land set- asides `or future pub.Iic sertric~ use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the Cit;T; that there shall be no annexation until the reouire_nents of this paragraph are met or, it necessary, the property shall be subject to de-annexation and loss of City services, i, the requirements of this paragraph are not met. 10. "_'hat the applicant's property is in compliance with the Comprehensive Plan, and t~ereTorz the annexation and zoning application is in conformance •,~ith the Comprehensive Plan. I ~ . That the r e~u~T_'2meTltS oZ t:le ~1er=Qldn C' %'7 Encine°-', including those he specifically stated 'n his comments and those = i stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director ref erenc~ herein, shall be met and addressed in a 12. That all ditches, canals, and waterNays shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and se*aer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be requireYd t~ enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of I1-9-605 C, G 1, H 2, R, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or i required, any assigns, heirs, executors or personal representatives, pay, when reouired, any impact, development, or transfer fee, adopted by the Cit-r; that there shall be no annexation llnt11 tale reQlllre:RentS OI t:11S paraQrcph are met Or, 1i necessary, the prcperty shall ~be subject to de-annexation and loss Of C1t;,7 Ser'JiC°S, it the reQLl';E'IIlentS O= th'S paragraph ar? nOt _ • met. 1~. That the house size representation of 1,500 square feet must be met. 15. That proper and adequate access to the property ~s available and will have to be maintained. i6. ~:~a'~ ~c.hese conditions shall T:~n with t.ne ~.a.nd and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-1 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAI~ OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CP..LL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJPIVI CHAIRMAN JOHNSON (TIE BREARER~ VOTED~~~ VOTED VOTED ~-~-~ VOTED L- VOTED DECISION ASID RECOMMENDATION The Meridian Planning and Zoning Commission herebv recommends to the Cit-T Planning and Zoniricr Commission of the Cit'r of Meridian that then approve the annexation and zoning as stated above for the i i property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be sped=ically required to the all ditches, canals and waterways and install a przssurized irrieation system as conditions of annexation, and that the Applicant meet all of the Grdinance5 of the City of Meridians yT1P`"'-'ically including the development time requirements and enter into the required development agreement, and that if the conaitions are not met that the property be de-annexed. MOTION: / APPROVED: I ~ DISAPPROVED: I Z i APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED y VOTE VOTED VOTED Q~d=~'~ VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -- DAKOTA RIDGE ESTATES SENT BY~ 9- 3-98 ;11~05AM ; fQOM DEVELOPMENT SERVICES ~ 2083642406 .. POWER ENGRS BO I SE-+ 1999-0001 SUBDIVISION EVALUATION SHEET 2088871297 # 2l 2 me~sns »sav P.mzi02 Proposed Development Nalta.'t'y~ f'4YC AT ~~`. it~A ~1 Z_„ C;ty ~EAID)AN I Date Reviewed. td!!!9l97 _, Prellminery Stage ~~ Final XXX En®ineerlDeveioper 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) reperdinQ this development in ac~ordenee with the Boise City Street Name Ordinance. I " n " 5TlCK ROAd" r ~ "w N r n ~ • TA 1 AIJF° -~ ~.. " n `~ " INl~lANE" i.l. l~~C+tA4~Cb IDMf AuD W1{,,t, ~~f T~A'rNf~rac , ~+ . ~-.xc.ewoc~ wwy ty w The above street Herne comments have been reed and approved by the following agency representatives of the ADA COUNTY STREET NAME C(?MMITTE~E. All of the signatures must be secured by the represerrtativa or his designee in order for the street names t0 be officially approved. ADA COUNTY STREET NAME COMMITTEE. ~4A15~ICY REPF~E~ENTATIYE9 OR DESIGNEES Ada County Engineer John Priester ~~ ~ ~ Die f ° ' f- Pr Ada Planning Assoc. Terri Raynor Date 1 ~'" ~ ~~l. ~- City of Meridian Representative Dete ~°'1-F'7 Firs D1strlctMeridian Representative Data d"~U" ~ 7 NOTE: A coptr of this evaluation sheet moat be prosonted to thR Ada County Engineer at the time of ai9eing the "final plat", otherwise the pia! will not be signed 1111 Sub Index Street Index 3N 1 E 3 Section NUMBERING OF LOTS AND i3~OCK5. 4~1~c..~is y{ M1a_~i~I~~r,/~sr~c /~~~,~_ TRl!lUE816M CITY.RiM ~"`''"`'0`'T~ NA+.e~ SEP 03 '98 11 13 208 378 0025 PAGE.02 • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES RouNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD September 24, 1998 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for the Lake @ Cherry Lane Subdivision #7 LEGAL DEPARTMENT (208> 8s4-a26a PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Street Lights have been installed by the developer in the Lake @ Cherry Lane Subdivision #7. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are Lot 33 Block 8 Lot 79 Block 8 Lot 52 Block 8 Lot 58 Block 8 Lot 66 Block 8 located at: W. Moon Lake Lane & N. Aronmink Lane N. Aronmink Lane W. Fieldstream Way N. Yard Arm Way N. Yard Arm Way & W. Moon Lake Lane See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely . ~:~~ William G. Berg, Jr. City Clerk OFFICIALS • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAi.N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuitding Department (208) 887-221 I Motor Vehicle/Drivers License (208) 888-4443 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION j~EcErvED SEP 2 1 1998 CITY OF MERIDLAN I have inspeco~pl,~2 ed the electrical associated components for CS street lights in .Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector O N 1 M h"B RS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: ~- /G --~'~ C: \OF'FICE\ W P W Qd\OENHRAUEIECINS P. i-/M0 .,~ 4 5 ~ a az ~ ~ 3 TB C S> .. Vv ~ w V c _ a ~.~ 3 ~Z 6 ~ ~ e, C,.A. w. ~ nELDSTREAI.t UNE 8 ~ 3 o RN--1 ~ z9 --~ ~ ~ ~ 2 7 i - ', - ~ ,` 3 _ 't4 C.5 fig ~; „ 3 .~ 8 ~0 30 ® , ii x ~% x e ~ i a GJ ~1 ~ TETER BOILEVARD ~~ c connect to existin '"` 3" conduits NOTES; primary cable is 1/0 0l 35 kv cable in 3" conduit B-phase secondary cable is 3sc10 in 2" conduit except run s to YA-2o, YA-2d, YA-3a, YA-3c, YA-4a, YA-So, Y.4-6c, and YA-7o which are 3sc40 in 2" conduit secondary -------- ---- conduit install concrete secondary boxes ®YA-5b,YA-7a, & YA-7b -~ too t~1'T K>P'S. STREET L16NT ($~ l~L' Ste" " PfP. VIn11A Plnt tAnn !Jn `~ ~~~ North I Wj~ I I©i ~ __..__...._. i ~ [~T~ vL _ ~ \~ ~ I I W ~. \~ 'c' Ra.(o~c.~tw~ a~Qroaed 7/aq~ga ~~ -- (b, .. V i'` {! du-e ~o Cw~~l.tt t"'/ ~~dre.~.,~ 8 ~ ~~ ^ ,~ ;~ r ~ z i a c 3 ~ "' ~I 23 ?a 25 I 26 ~ ~. .~ ~ ! o ' ~ ~ ~ v < ,~'., =n ~ -c c ; ~, ,Q o,~,;G ~ ~ b ' Z I W ~ K r 27 Z ~.- I -- -- ~ ~I Tox erode fN. ~h 0/ U Type Pole/ Trench Ft Wire . Ft. Feeder Ft. meridian Dist. Office: Field Location: Western lines Job Title: ' lake ~ cher lane 7 JoD Desc: U t0 JZ IOtS Job Desc: Design c8500906 Na. Voltage: Const. 34,5 kv Dp. 34.5 Itv Feeder-No. ICSt-O44 By Date State County District No. Estimated geb 3-9-98 ~p Oda 33 Completed Section Township Range Meridian Pi°t Ma 3 3n 1 w M B p . . Plat Mo No (R-FILE) Fdr. Mop p . PASSPORT Entered 5 5 3 - 1 .; Work Order No. NA R/W Permission Feeaer Map No. Map Govt. Pvt. R.R. Hwy. J.U. ^ ^ O ^ ^ n I C S t 4 4 V 5 `~ -~ t KO POWER CO. WORK ORDER MAP o Zoo aoo Sheet ~ of ~ • • ELECTRICAL PERMIT Issued: / / Permit No: 13543 OWNER/APPLICANT------------------------PROPERTY LOCATION------------------------ STEINER DEVELOPMENT I 1 LAKE @ CHERRY LANE ? MERIDIAN, ID 83000 I I Lot: Block: Long Legal: 208/000-0000 I Sub: T: S: I Parc No: I CONTRACTOR-----------------------------DESIGNER------------------------------ ALLOWAY ELECTRIC I 1420 GROVE ST. I BOISE, ID 83702 i 208/344-2507 ~ 1 000/000-00@Q+ I PROJECT INFO----------------------------------------------------------------- Prj Value: 86, 000.00 I Temp Service: Prj Type: I Residential Service: Occ Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: 1 Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: IOther:STREETLIGHTS I PROJECT NOTES--------- --------------------------------------------- INSTALLATION OF 5 - 100 WATT STREETLIGHTS...LOTS 22, 41, 52, 58, 66 BLOCK 8 345-9844 PROJECT FEES ASSESSMENT- TOTAL ELECTRICAL FEE: ~ 130.00 --------------------------- Amount Paid : 80.00 Balance Due: 8130.00 c~.9 i ~~ 3~g - ~~a .~._~ ~~*~ _ _ _ vo. ~ wNort E ~; I b~ ~ ,:~„^2 .~...._ I I -~~ I` v- ~ ~ 8 e~ ~ i ~ a (. ~OCa~-tc,.~ appre~d 7~3q~9a a __ ~ p; ~ ~~ ~--- {~ o c~ {c Cw•ft.t~F ~''/ 11yd~~ B ~ ~~" .~ Z y~ z 23 '° € z e 4 ,; ~ - - ~ 23 24 2~ 26 _ ~ g ~ ~ Z J° ~ p ~ ~ ~ 2' ! I p V Q K J e, o.,,;G ,~ ; - 27 Z ~.- ., ( Z -- „~ -- ,; J 4 5 3 28 v C b I ~ U C W ~ ~ e~ C..A, 3 ~ ~2 g o i W. ~ rIELDSTREAM LINE 8 ~~ RW-1 ~ ze ---~ i - - 2 7 n ~ ~~ e7 ~.~ 3 ~ 8 3.~ ~0 ,~ 1 8 ~ a 1, b a i K'. TETER BOJLEVARD 1 6 Z TS_2 ~~ connect to existin '"` ~ 3" conduits ~ NOTES: primary cable is 1/0 al 35 kv cable in 3" conduit 8-phase secondary cable is 3sc1O in 2" conduit except runs to YA-2a, YA-2d, YA-3a, YA-3c, YA-4a, YA-5a, YA-6c, --~ and YA-7o which are 3sc4O in 2" conduit secondary ------------ conduit _~ install concrete secondary boxes ®YA-Sb,YA-7a, & YA-7b -~c too t,.~i~ t{>P'S. StR SET L,l6r1T ($~ Previous Plat f,Aan No_ Tax Code ~ ~ 0~ U Type Pole/ Trench Ft. Wire Ft. Feeder Ft. Field Location: I"T'lerldlan Dist. Office: Western lines Job Title: l k h ~ 7 a e c er lane JoD Desc: U t0 rJ2 IOtS !, Job Desc: Design c8500906 Na. Voltage: Const. 34,5 ICV Dp. 34.5 I<V Feeder-No. IcSt-044 By Date State County District No. Estimated geb 3-9-98 Ip Oda 33 Completed Section Township Range Meridian Plat Map 3 3n 1 w M B . . Plat Map No (R-FILE) - Fdr. Map . PASSPORT Entered 553-1 ~ ~ Work Order No. NA R/W Permission Feeder Map No. Map Govt. Pvt. R.R. Hwy. J.U. O ^ ^ ^ ^ I C S t 4 4 O 5 5 4H0 POWER CO. WORK ORDER MAP ° 200 40o Sheet ~ of ~ I l~~ NO. ~ No th I ~8., 9 ~ ® ...._.~ / ~ ....~ j ~ `[ti~~ - 2y ~ 2 W E jL ~ I~ w ~ ~ 1 W. MOONiIAKE LANE I t7 ~ 1 _ as ~ (V t _ ~n 8 n ~1 ~; it Z ~ p 3 ~' ``I 23 ?4 25 26 ~ ~ e " yS i ~ lam. _i. s » ;I S j ~ s ~ '° s ~ '° _ b 1 Z ® T 1I u 1 0 •• .~ S 27 ? A. " ( z __ a 5 1 ! J ~ U 3 za b c 3 ~ 6 0 ~ W.i FIELDSTREAM LANE 8~ ~W-1 29 - ~ ~ Z _ z 7 ~ ~~8 3~ 8 3 30 ® ~ x ~ D \ -~~--'- i a ~ g z ~J ~ W. TETER BOJLEVARD 6 Z C - 2 '^(~.. connect to existin I 3" conduits --{ I NOTES; __ primary cable is 1/0 al 35 kv cable in 3" conduit B-phase secondary cable is 3sc10 in 2" conduit except runs to YA-2o, YA-2d, YA-3o, YA-3c, YA-4o, YA-5o, Y.A-6c, and YA-7o which ore 3sc40 in 2" conduit secondary ------------ conduit install concrete secondary boxes ®YA-Sb,YA-7o, & YA-7b ~c goo t,J~Y tl~'S. StR~T t..16NT (S) (2~,b, Previous Plat Map No. Tax Code ~ ~ p~ U Type Pole/ Trench Ft. Wire Ft. Feeder Ft. Feld Location: YYl e l'I CI l O n Dist. Office: W e Ste rn line s Job Title: J k ~ o e C cher lone 7 Job Desc: u to 52 lots Job Desc: Design c8500906 Na. voltage: Const. 34.5 kv Dp• 34.5 ICV Feeder-No. ICSt-O44 By Date State County District No. Estimated geb 3-9-98 (p Od0 33 Completed Section Township Range Meridian Plat Map 3 3n 1 w B M . . Plat Ma No (R-FILE) Fdr. Map p . PASSPORT 553-1 / Entered Work Order No. NA R/W Permission Feeder Map No. Map Govt. Pvt. R.R. Hwy. J.U. ^ ^ ^ ^ O ICSt44O5 5 4H0 PD WER CO. .WORK ORDER MAP o 200 40o Sheet ~ of ~ I 1 . JUL-2?-1998 09 26 DIG LINE 12083428907 P.01/01 • .v~~ vc «.. ~. ~G MO, North Gam" - ~~~i i~ s connect to 3" conduits t v NOTES; prb+r+ery cable fs t/ip d 35 My eeaa 4s 3" eencvit f'!-p~0=t --~~ laCOndo-Y CCWf ii 35C1C iA 2~ tenauit aaept ~YnS l0 Y~~2o, TA-Zp. Y4-~, Tw~~~ 7A-gyp. rw-se, YA-6c, one TA-7a .hCeh eve h~fp fn 2~ eanAuit stcondvrp ---_--_ ..,.. eaneult ---.-~---•.- inatan t:ar,c~ts aex~,ondevy tioACa • YA-Sb.YA-7e, Je Y,1-7b Post-ft~ Fax Note 7671 ~~~ ~~Z ~~S- To ~ L~~ ~ ~ Ps From ~ co.roeP~. co. j.l ni2 a Phone x 2 Fax k ~~ Pre+~%ovs, plat Mop Ne. ola»: meridion a>< ~4•: western lines ! cherrY_ done ~7 I °~°" `~~ ~• 34. S kv oa 3;4.5 kv r..e.~-we. ~ Dau 5tettl Count lsirwar.• q.a 3-~-~d Ip OdQ ce~.ae sea;an e.e~ c85009O6 ~CSt-Q44 Oial-+Ct Ne. 33 Norye rt~ten ~ A« ~ 3 3n 1 w B.M. w.. wo plat lrae we. (R..FI~~ cM.~e 553- ~ ; ~1S5~1T ww4 0~ No. Pyi RI ~N Pe-rnitMaA i~r ~1ao NO. Mao O d C O• D ~CSIt4405 ~ 4,~1'D :PDIYER CO, 11rpRK 01RDER SAP a 200 '0° snot ~ o, ~ f r +~~ aP.~t1~p 1 1 TOTAL P. 01 JUL 2? '98 09 18 1208342890? PAGE.01 I JNG N0. t,..) ~ 1.l G~2ro~ . T ~~~ _ _ ~ _".~ _~ -- North I-T8~ M.._.O .,....~- _"'..,..._.w....a I L ro ~, n » 2 W E ~~ b w YA - °' 8 _ _ _ ~s~ y / " v w. MOON;LAKE LANE M _ a ; ~ ~ °2 0~5: 17 ' ~ -- '~ ~ -- ~ O I ~n n ~, W r Z a ~ 23 s '° ~ i ~ e;~; s- 23 24 25 26 ~ g S ? '~ ~ o ~ .I ~ ~ ~ s Q ~U o w J T a W I Z ' W !6 ~ S 27 Z ~.- ~1 _- ~ I I J 4 5 > b b ~ ~ 3 28 51 c _ W 61 3~~ 2 6 ~ i W. ~ FlELDSTREAM LANE 8 2ND-1 ~ 29 --~ 2 7 = - - ~ C 5 3 ~ 8 3'"i 0 B ., 30 ® A i --~z-- ,~ x ~ a ~ i a g e ~J Z W. TEIER BDJLEVARD 1 6 z Tb-2 ~~ c connect to existin '"` 3" conduits NOTES; primary Coble is 1/0 al 35 kv cable in 3" conduit B-phase secondary cable is 3sc10 in 2" conduit except runs to YA-2a, YA-2d, YA-3a, YA-3c, YA-4a, YA-5a, Y.A-6c, and YA-7o which are 3sc40 ir, 2" conduit secondary ------------ conduit install concrete secondary boxes ®YA-5b,YA-7a, & YA-7b -~ ~C~o t~f !{>P'S. STREET Ll6AT ($~ (2~b, Previous Plnt Mnn Nn_ Tax Code ~ ~ 0~ U Type Pole/ Trench Ft. Wire Ft. Feeder Ft. Field Location: meridian Dist. Office: v~ a Ste rn line s Job Title: l k ~ h l 7 a e C er ane Job Desc: U t0 rJZ IOtS Job Desc: Design c8500906 Na. c voltage: Const. 34. J kV OP• 34.5 kV Feeder-No. ICSt-O44 BY Date State County District No. Estimated geb 3-9-98 Ip pda 33 Completed Section Township Range Meridian plat Map 3 3n 1 w M B . . Plat Map No (R-FILE) Fdr. Map . PASSPORT Entered 553-17 Work Order No. NA R/W Permission Feeder Map No. Map Govt. Pvt. R.R. Hwy. ~•~• O ^ ^ ^ ^ ICSt44O5 ~ AHO POWER CO. WORK ORDER MAP o zoo 40o Sheet ~ of ~ . ~~~~-- Meridian City Council ~ i S October 21, 1997 ~~~"~ Page 13 ~~ ~~ ~~ S MOTION CARRIED: All Yea ITEM #16: FINAL PLAT FOR THE LAKE AT CHERRY LANE NO. 7, 59 LOTS BY STEINER DEVELOPMENT: Corrie: I guess the final plat, would you like to say anything? Bradbury: Mr. Mayor and members of the Council I am Steve Bradbury I have been asked to present the final plat for the Lake at Cherry Lane No. 7 this evening. I really don't have a whole lot of presentation to make. I understand you have a packet of all of the materials that. were submitted about a month ago. It is probably worth pointing out a couple of modifications that were made from the preliminary plat to the final plat just so that you will know that they are there. Many of these were as a result of requirements that were made or conditions that were imposed upon the approval of the preliminary plat. The first is that the right of ways have been widened from 40 feet which was originally proposed to 42 feet as required by the Council and that would include a 5 foot sidewalk on one side of the street also as approved by the Council. And in addition in order to provide a little bit more room for some setbacks and to provide for some staggering of the building fronts along the streets of the subdivision the lot depths not all of them but most of the lot depths were increased from 99 feet to 101 feet. And you can see the dimension as shown on the final plat. That allowed for that staggering to take place so we have a minimum setback of 18 feet up to as much as 21 feet. Most of the lots again were increased in width from the originally proposed and approved 33 feet to 35 feet. That is with exception of some of the interior lots. When I say interior lots I mean lots that are on the inside of the triplex of fourplex unit. So we have all in all the lot sizes on average have grown. The number of lots was reduced from 60 to 56 that enabled some of this extra room to be utilized for the streets and other purposes. The parcel itself that these comprised that takes the preliminary plat the width of that was increased by 13 feet and that is where the extra right of way and the extra lot depths footage came from. That added about 8000 some square feet to the total plat. The unit sizes that are proposed for approval are in the 1200 square foot plus range. That was approved at preliminary plat 1160 square feet. So all in all what we have is a project with less density, larger lots on average, and larger units than what you originally saw back at the preliminary plat stage. It is my understanding that Mr. Campbell met with Gary and Shari and Bruce for design review purposes presented to them three elevation choices that would be used throughout the project. That is also something that the City Council requested as a condition of approval for preliminary plat. That also showed the staggered setbacks and I think you have a drawing in there in your package that shows that. That is also my understanding that you folks may have already seen those elevations as well. Keith Jacobs the project engineer has responded to the staffs comments by his letter of October 17, 1997. I expect that you probably have a copy of that somewhere in front of you. I think and I guess now is the time that we find out that everything is in order with respect to those issues. There was one additional item that wasn't addressed in the letter that was addressed as an item that we tried to show to you folks (End of Tape) driveway treatments would work. (Inaudible) You have before Meridian City Council October 21, 1997 Page 14 you two sets of drawings, one is for a typical, depicting lots 45, 46 and 47 triplex that looks like this and the other- one is depicting 34, 35, 36 another triplex, they are slightly different. The intention here is to provide common driveways for those lots that have a little bit of a narrower frontage on, the streets. So that there is enough room for cars to enter and exit from those driveways and snake what ever turning maneuvers are necessary. In essence, in general the driveways as they connect to the street will be about 14 feet plus or minus. Some of them are a little bit larger than 14 feet others just slightly less than 14 feet wide. But all in all on average we are talking about 14 feet. We don't have separate drawing of lots 48 and 49 but the proposal for them would be just like lots 34 and 35, same basic treatment. The request from staff was to provide some sort of information to Council to demonstrate the common driveway mechanism would work. There will be included on the face of the plat a note which will call out these common driveways for the affected lots. Require that it will include an easement cross easement for each of those owners who will ultimately acquire those lots- and also require that the driveways be maintained in common by the homeowners who take access off those common lots. With that I will respond to any questions you might have. Shari did ask me, I don't know when you want me to bring it up. She handed me a note and suggested that I bring up the development agreement for number 7. That was also submitted as part of the package as were the proposed restrictive covenants. I don't know if Mr. Crookston has had an opportunity to review those. If he has perhaps we can deal with those tonight so we don't have to put it on a subsequent agenda. Crookston: I have reviewed those. Morrow. You have submitted those? And you indicated you have reviewed those? Crookston: Yes I have and so has Shari. Morrow: Both the development agreement and CC&R's? Crookston: That is correct. Bentley: Mr. Mayor I just have a question of the staff, has everything been answered to your satisfaction? Stiles: I believe so, we do have some modifications on the CC&R's and the development agreement but we have reviewed those and approved them with those changes. Rountree: Same question to Gary about the final plat? Smith: I believe that the letter that they submitted to us on the 17"' addresses the review comments from the 16~'. I haven't gone through each and every one of them but that is our intention that they do meet those requirements. I don't see that they requested any deviations from what we requested. Meridian City Council October 21, 1997 Page 15 Morrow. Mr. Mayor, that being the case I would move that we approve the final plat for the Lake at Cherry Lane No. 7 of 59 lots by Steiner Development subject to compliance with all staff requirements. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Totsma to approve the final plat for the Lake at Cherry Lane No. 7 with all the staff comments, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Do you wish to do the development agreement and the CC&R's at this time? Morrow. Well it is not on the agenda, I don't have a problem with that. Ms. Stiles and Mr. Crookston have both indicated that they are acceptable to them with some minor modifications. So I would move that we approve the development agreement and the CC&R's for the Lake at Cherry Lane No. 7. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the development agreement and also the CC&R's for the Lake at Cherry Lane No. 7 any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CINDI'S FLORAL IN THE FRONT PORTION OF THE OLD ZAMZOWS STORE BY CINDI'S FLORAL - 611 E. 1ST STREET: Corrie: Shari, was that Diane that we talked about earlier then she may not be here then tonight. Stiles: I talked to her today and she just started some physical therapy today due to her stroke so I told her that there shouldn't be any problem v~ith it being approved. She testified at the Planning and Zoning Commission that she had no problem with the findings and would comply with all of the conditions. Corrie: Does Council have any questions of Shari? You have the findings of fact and conclusions of law of the Planning and Zoning. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. • f~ MERIDIAN CITY COUNCIL MEETING: OCTOBER 21 1997 APPLICANT: STEINER DEVELOPMENT ITEM NUMBER: 16 REQUEST: FINAL PLAT FOR THE LAKE AT CHERRY LANE NO.7 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS r~ (~ ~1 NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS S'~ SETTLERS IRRIGATION: G I~Q ~ IDAHO POWER: ~' ~ ~" C 1" ~ ~~ ~ G US WEST: ~ ~ ~ (,~- INTERMOUNTAIN GAS: ~ 1 J Y^~ ~ ~ BUREAU OF RECLAMATION: C{,,'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City En u-eer Shari Stiles, P&Z Administrator ~,~ Re: THE LAKE AT CHERRY LANE NO. 7 SUBDIVISION (Final Plat by Steiner Development) 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 October 16, 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit a letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash, will be required for these improvements prior to signature on the final plat. 5. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. I,ake7.FP • • Mayor and City Council October 16, 1997 Page 2 b. Developer shall be required to enter into a development agreement with the City of Meridian. 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 noon, October 17, 1997. Prior to development plan approval, 3 copies of the revised plat must be reviewed by the Public Works Department for compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. 3. Six-foot-high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. 4. Findings prepared for this conditional use permit indicated that each set of two lots having direct access to a street must have a minimum frontage of 66 feet. Lots 34 and 35 and Lots 45-49 do not meet this minimum. Applicant is to demonstrate to the satisfaction of City Council that driveways will be adequately accommodated with proposed configuration. 5. Submit detailed landscaping plans, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. As this project is part of a Planned Unit Development (PUD), no certificate of occupancy for any building will be issued until Applicant has complied with representations made at public meetings, including full construction of common area and gazebo. A letter of credit or cash will be required for these improvements prior to signature on the final plat. b. The CC&R's have been received for review. Of particular importance are the methods for collecting, each year, a depreciation fund sufficient to build and maintain the common improvements (driveways, landscaped areas, irrigation system, sidewalks, etc.), setback requirements, and parking areas, including enforcement of No Parking areas. Lake7.FP • • Mayor and City Council October 16, 1997 Page 3 7. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 8. Add or revise the following note(s); 4.) ...facilities within the boundaries of this subdivision are held... 6.) ...is X98 1160 square... 13 .) (Add the recording information for the easement. ) 15 .) (Add note that restricts access to common driveways for those lots that are contiguous to such common driveway.) 16.) (Add note that details the common driveway ownership and maintenance responsibilities.) 17.) (Add note/table designating specific setback information as provided in the Findings of Fact/Conclusions of Law.) 9. This project is not to be marketed as an adult-only complex, as this would be a violation of the Fair Housing Act. 10. Add the Real Point of Beginning symbol and notation to the plat map and legend. Lalce7.FP `* HUB OF TREASURE VALLEY • 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 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 & OMMI ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 14. 1997 TRANSMITTAL DATE: 10/1 /97 HEARING DATE: 10/21 197 REQUEST: Final Plat for The Lake at Cherry Lane No: 7 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Resubdivision of Lot 31. Block 8. The Lake at Chem Lane No. 5 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 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 8~ FINAL PLAT) INTERMOUNTAIN G (P LIM & FINAL PLAT) BUREAU OF REC 10 (PRELIM ~ FINAI. PLAT) CITY FILES OTHER: /~ YOUR CONCISE REMARKS: RG~~` 0 C T - Z 1997 (~I'Y ®F ~1~YDIAAI WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 • Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMI ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will ble considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 14. 1997 TRANSMITTAL DATE: 10/1 /97 HEARING DATE: 10/21 /97 REQUEST: Final Plat for The Lake at Cherrv Lane No: 7 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: Resubdivision of Lot 31. Block 8• The Lake at Cheny Lane No. 5 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION `~~~'~~~~ ROBERTOCORRPE, MAYOR NAMPA MERIDIAN RRIGA ION DISTRICT OCT ~ 3 1997 RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT fil ~E4?IDIQt IDAHO POWER CO (PRELIM & FINAL PLA'~ WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ,FIRE DEPARTMENT . U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ©_ ~ ` Q r~ OTHER: 7 / YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER .2 ~- p ie, CITY PLANNER s /} /~ ,e...~~ wT-l' t~ir`~~_ ~ ~x~ ~r OCT ~ 1997 ~' ~~"~~ ~ ~ERIDd~4t %~~~ . SUPERINTENDENT Dr. Bob L. Haley October 6, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: The Lake at Cherry Lane No. 7 Dear Councilmen: I have reviewed the plat for The Lake at Cherry Lane Subdivision No. 7 and find that it includes approximately 56 homes assuming a median value of $110,000. We also find that this development is located in census tract 103.10 and in the attendance zone for Linder Elementary School, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 17 elementary aged children, 13 middle school aged children, and 16 senior high aged students. 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. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann CENTRAL C •• DISTRICT 'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH D Environmental Health Division Conditional Use Preliminary Fina Short Plat ~~ EP~~C~rv~~~ O C T 0 7 19~~~ ~~~ ^ Boise "ITY ~Jt ~IEi710iA1~ Eagle ^ Garden City ®Meridian ^ Kuna d s//.~i~r' ~7 ^ 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 the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. Q 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 l~ central water © 10. Run-off is not to create a mosquito breeding problem. ^ I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store / / 9 -~ ® 14. J %Q/~i~1 W ,F~'-7Z `Z ~l icI ~- o !~~ .S~j o ~ ~~L Les ~ ~i /rs v~li Date: l ~ / `~ l~ <9 ~^~t.S3 ~,S"'r/~Z~ ~E~"O/l~ ~/SC/j ~"~ 7`a Reviewed By~\ Review Sheet (DHD 10/91 r~, rev. 1/91 yr„ OFFICIiCLS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 1 • 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 COMMI SION 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 ble considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 14. 1997 TRANSMITTAL DATE: 10/1 /97 HEARING DATE: 10/21 /97 REQUEST: Final Plat for The Lake at Cherrv Lane No: 7 BY: Steiner Develorment LOCATION OF PROPERTY OR PROJECT: Resubdivison of Lot 31. Block 8. The Lake at Cherrv Lane No. 5 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH RECEI VEIL ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT 0 C T 0 2 1997 CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) Meridian City GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)Water Superir~t ,WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAI. PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Dr.EASE SEE ATTACHED POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER _.._ ~.~~ 1997 ~r~ ., o~KiutAn .i • • MERIDIAN MERIDIAN WATER DEPT. MERIDIAN 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884-1159 TO: THE MERIDIAN PLANNING & ZONING COMMISSION MERIDIAN CITY HALL, ATTN: WILL BERG, CITY CLERK RE: FINAL PLAT FOR THE LAKE AT CHERRY LANE NO 7 BY: STEINER DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: RESUBDMSION FO LOT 31, BLOCK 8, THE LAKE AT CHERRY LANE NO 5 THE MERIDIAN WATER DEPARTMENT RECOMMENDS THE EACH UNIT BE METERED INDIVIDUALLY. WATER SYSTEM PLAN'S WILL BE REVIEWED AT THE SAME TIME THAT WE RECEIVE THEM. SENT BY~ 10-17-97 1~12PM ; POWER ENGRS BO1SE~ 208 887 4813:# 2/ 5 • 1205 S. F:~glc Flight W;iy Boise,ll~ 83709 (20R) 378 6387 1'rax (2(18) 37R-0025 October 17, 1997 ~E~~~ ~~~ ~ ~ ~7 CITY ter' ~i~KII~ Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: The Lake at Cherry Lane No. 7 Subdivision Final Plat by Steiner Development Dear Mayor and City Council: This letter is in response to the comments by your staff on the final plat of The Lake at Cherry Lane No. 7 Subdivision. GENERAL COMMENTS 1. All existing irrigation ditches crossing Mr. Teter's property have been piped in accordance with City Ordinance Section 11-9-605.M with the development of'fhe Lake at Cherry Lane No. 5 Subdivision. The ditches were piped in the spring of 1996 and have functioned through the remainder of 1996 and all of the 1997 irrigation season without any problems. Mr. Teter and Mr. Aschenbrenner are the last two water users on this ditch. Mr. Aschenbrenner's property is proposed for development in 1997 to 1998. 2. This property does not have any wells or septic tanks on it. 3, The seasonal high groundwater has been established and the report has been written by Mr. Glen H. Logan, a certified Professional Soil Scientist. A copy was submitted to the City with the Final Plat Application. Another copy will be submitted to Meridian Public Works Depal~nnent when the final plat mylar is submitted for the City Engineers signature. 4. Nampa & Meridian Irrigation District has jurisdiction over the pressure irrigation system. Pressure irrigation wilt be an extension of the system under development for Fireside, Englewood and The Lake at Cherry Lane No. 3 to No. 6. The system is owned and maintained by the Nampa & Meridian Irrigation District. An approval letter for the system extension to serve The Lake at Cherry Lane No. 7 will be submitted to the Meridian Public Works Department prior to scheduling the pre-construction meeting, A P13.i1oI 58.96897 f'ne~fic l.u~Kl Surveyors, ~ zlivfsion ~~f' 1'()WN.R NaiRineG'~, Inc., au IJuFK~ CcxporwKin OCT 1? '97 13 19 208 3?8 0025 PAGE.02 SENT BY~ City of Meridian October 17, 1997 Page 2 208 887 4815;# 31 5 letter of credit, cash, or appropriate bonding for these improvgments will be in place prior to the City signing the final plat. 5. The FEMA Flood Plain for Nine Mile Creek does not affect any lots within this subdivision. 6. The proposed development agreement was submitted with the final plat submittal. The Owner will execute the agreement upon approval by the City Council. 7. The purpose of this leper is to address the items contained in the memorandum dated October 16, 1997. $ITE SPECIFIC COMMENTS The final plat generally conforms to the approved preliminary plat. 2. A copy of the Ada County Street Name Committee's approval letter will be submitted to the Meridian Public Works Department when the final plat mylar is submitted for the City Engineers signature. 3. A six-foot high pennanent perimeter fencing will be placed along the subdivision boundary prior to obtaining building permits unless specifically waived in writing by the City Planning & Zoning Administrator. A letter of credit, cash, or appropriate bonding will be in place before the final plat is signed by the City. 4. Applicant will demonstrate through scaled drawings the adequacy of the driveways to Lot$ 34 and 35 and Lots 45 to 49. These drawings will , be presented to the City Council for approval. S.' Detailed. landscape plans for common .lots, including sizes and species of vegetation and details of walkways, will be submitted for approval prior to signature on the final plat. The developer understands that no certificate of occupancy for any building will be issued until the developer has complied with the representations made at public meetings, including full construction of common areas and gazebo. A letter of credit, cash, or appropriate bonding will be in place before the final plat is signed by the City. 6. The CC&lt's have been submitted by the Developer to the City of Meridian for approval. P4SBOI 5~96A9') OCT 17 '97 13 20 10-17-97 1~1SPM POWER ENGRS BOISE-~ 208 378 0025 PAGE.03 SENT BY~ City oaf Meridian October 17, 1997 Page 3 10-17-97 ; 1~14PM POWER ENGRS BOISE- 208 887 4813;# 4/ 5 7. All street signs, road hale, pressuri~sd irrigation system, and domestic water system (active fire hydrants), and fencing will be installed prior to obtaining building permits. 8, The following notes will be revised or added to the final plat prior to submittal of the final plat for signature by the City. 4.) REVISE '1'01t1cAl): " .., facilities within boundaries of this subdivision is held ..." 5.) .REVISE TO READ: "A)1 lots except Lots 34 through 36, 45 through 47, 52, 67through 74, and 83 Block 8 are duplex lots, as allowed in the R-15 Zone. Lots 34 through 36, 45 through 47 and 67 through 69 are triplex lots as allowed in the R-15 Zone. Lots 70 through 73 are fourpiex lots as allowed in the R-15 Zone. All Lots are subject to Conditional Use approved by City of Meridian." 6.) REVISE TO READ: "... is 1160 square feet, excluding garage area." 9.) ADD SENTENCE TO NOTE THAT READS: "The blanket sewer and water easement is in favor ofthe City of Meridian for maintenance of water and sewer mains." 11.) REVISE TO READ: "...and pressure irrigation..." 13.) REVISE TO READ: "Lot 52 Boook 8 is subject to a 20 foot wide storm drainage easement in favor of the Ada County Highway District for maintenance for the storm drainage facilities, as shown and dimensioned on The Lake at Cherry Lane No. 5 Subdivision final plat recorded in Book 74 on pages 7684 and 7685 in the offices of the Ada County Recorder." 15 & 16) ADU NOTE TO REAR: "Lots 34 & 35; Lots 45, 46 & 47; and Lots 48 8t 49 shall take access from a common driveway, and each lot shall share the common driveway. Each owner of said lots shall have a perpetual easement for ingress/ egress over the common driveway providing access to said lots, which easement shall run with the land. Maintenance of said common driveways PLS-HOI 5596897 OCT 17 '97 13 20 208 378 0025 PAGE.04 SENT BY~ U' City of Meridian October 17, 1997 Page 4 10-17-97 1~14PM ; POWER ENGRS BOISE-' • 208 887 4813;# 5/ 5 shall be shared equally among the respective lot owners who take access t'rom the common driveway." Note 15 and 16 will be Combined into one note, No. 15. 16.) ADD NOTE TO READ:. "Building setbacks shall be 18 feet front yard; 1 S feet street side yard; 15 feet rear yard; 5 feet side yard per story or minimum building separation of 10 feet for single level homes adjacent to each other, except where common walls are constructed on duplex, triplex and fourplex lots." 17.) ADD NOTE TO READ: "This subdivision is subject to the Development Agreement as recorded at the Ada County Recorder's office as Instrument No. 9. This project will not be marketed as an adult-only complex. 10. An Initial Point symbol and notation will be added to the final plat and legend. Thank you for your time and consideration. Sincerely, Pacific Land Surveyors, a division of POWER Engin 'n ,Inc. C~eith T,. Jacobs, Jr., P. F,. cc: Doug Campbep, Steiner Deve]opn~ent Steve Bnulbury, Eberlc Berlin 1CAding Turnbow & McKlveen PLS~UUI 58-91897 OCT 17 ' 9? 13 21 208 3?8 0025 PAGE.05 sEN . ~~ ~ 10-17-97 1 ~r~~ I',~(;IFLC L.1ND SURVEYORS 12 TO: t i ! ~v COMPANY: FAX NO.: LATE: D'r ?-- ~' ~- PAGE 1 OF 'S TIME SENT SUBJECT: POWER ENGRS BOISE-~ 208 887 4813;# 290 N0 MAPLE GROVE (ROAD BOISE, HO 83704 TELEPHONE (208) 378-6380 FAX (208) 378-0025 1/ 5 FROM: ~ l- ~ J08 NO.: Cf ~~-D~ Sgt- - 7.0~ 6 ~• .~ 85 Z. Pacific Land Surveyors. s division of POWER Enginccrs, Inc., art Itluho Corporutiun OCT 17 '9? 13 18 208 3?8 0025 PAGE.01 ~~ ~ c~ ''- ~ ~ ~ LL~~,,,, F- Q o , ~ i i ~ r, _~ / Iq / / : ~ a ~ '~ ~ ~ p / /~`~ Y ~ o ~ ~ ~ ~ u / ~ ~~ ~ ~ IjjT': 1~ V f : Y Q F~ .' ~y / e 1U ~~ / -: / ~ < T '~; _ / ~ ~ • ~ i, . f/ ~ ~ - , '~~ ~.-.u ~ '. ~ ~ ~, ~ r ,~.~ , ~,, ~.. f i e ~ ° -4' ~~ ~ ~ ~ ~ ~ _. I ~ l .. o~ r~ 1 ~~, •: _ 3 s ~. . ~ ~ e ~ ~ ~ e . ~ ~; c ~, ~ ~ ~ i ~ ;~ ~ ~~ C may. ~ ' v i ,. ~. i i. ~,~_. ~ ~ ~ • ~ ,, ter- ~q J ~~ ~ ~ ~ ~z, ~r ' ~ w ~ ?. _ ~. . %. { . i "Aid,:.: `siYr~.q S~ ~ ~ , ! ~ ~`~ ~ ~c~v 0 CT ~ 11997 - - - - - - - COY O;F ![ ~- -- -- ~ I ~ i ~ i i I i ~ i I _ Lam 34 L®T ~S LoT 3` ~ - - I `,., I ,~ I, ro r , ~~ ~I ~~ f f g; ' 1* A a ~ i r ' v c i, < f s ~ •( ~, ~ i I ~ ~ ~; f t `((t,, ~~ ,~,:.i 1r 7~ ~ 3 ~ ~y r r `~ ~~!'-oa ,y vzz~ ~y ~ ~~~iv may, '~ ~ n '~ ~~ ~ ~ i ~ ~~ ~'. `a,4 ~ ~ / / Tat.: .LA~_.4 s ~~.~ir,eyL.o~E No. 7 ~ / / - - - ~ ~ ~_ -T~..___.s o _ / , ' , _ / ~ / / ~i ~ ~i / ~aGC I~OGCl2~ ~1~7C !2U/LC•~L~~NCC~ IN I ER-OFFICE MEMO Traffic Department Planning & Development Division TO: ACRD Commission FROM: Planning and Development SUBJECT: FINAL PLAT THE LAKES AT CHERRY LANE SUBDIVISION NO.8 MEETING DATE: JUNE 14, 2000 FACTS & FINDINGS: 1. THE LAKES AT CHERRY LANE NO. 8 is a 13-lot residential subdivision on 5.16-acres. This site is located north of Cherry Lane, east of Black Cat Road. 2. The preliminary plat was approved on October 21, 1998. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of THE LAKES AT CHERRY LANE SUBDIVISION NO. 8 and authorize the President to endorse. SUBMITTED BY: DATE OF COMMISSION APPROVAL: Planning and Development Staff .. A-AGENDA AD~OUNTY HIGHWAY I~TRICT Development Applications Commission level approvals ~~!C~~~ Tech Review -June 2, 2000 1 ~ Commission Meeting -June 14, 2000 night JUN - 9 2000 CITY OF ~~IDIA~v Boise City: Preliminary Plat: A1. Thursday Subdivision B-AGENDA Final Plats: B 1. The Lakes at Cheery Lane #8 C. AGENDA W. State St., s/e/o Collister Dr. TAZ: 184 Lots: 2 Cherry Lane/Black Cat Road TAZ: 260 Lots: 13 C 1. Non-development agreement release Sego Prairie Farm Ten Mile Rd/Deer Flat Rd Page 1 of 2 .i UN [ 1 a00. DOC • ADA~UNTY HIGHWAY D~'RICT Development Applications Staff level approvals Tech Review -June 2, 2000 Boise City: A2. CAR00-00022/ CVA00-00008 A3. DRH00-00111 Meridian City: Preliminary Plat: A4. Cafarelli Industrial Sub. MPP-00-012 A5. MAZ-00-012 A6. MCUP-00-0012 A7. MCUP-00-033/MAZ-00-013 City of Eagle: A8. EDR-29-00 352, 336, 314, 286 W. Sherman RezoneNariance 1080 W. Amity Rd. Building Addition Franklin Rd. w/o Linder Rd. E. Pine & Adkins Way 2490 West Franklin Rd. Wilson Ln. s/of Fairview 2178 E. State St. TAZ:272 Lots:3 Rezone RV Sales and Repair Elliott Industrial Park Office Development Page 2 of 2 .I UN E 1400. 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OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. W1KE8.APR ' BOISE, IDAHO 83705 BKB 1" =300' 10/15/99 981001 1 BLK J 1 57 2 W.TEfER ST. E ~ s1 C OAF CORE BLK ze G a sz ,~ w.NUreatvaNroR. ~ 21 20 3 24 b BLK 1 2 SU~VISION EVALUATION ~ET ~ ' - N 0 V - 4 1999 Proposed Development Name Lakes (a~ Cherry Lane File # 99-1001 r, Date Reviewed 10/28/99 Preliminary Stage Final XX Engineer/Developer Briggs Becky Bowcutt 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 following streets are existing and the names shall appear on the glatt~ "W. HARBOR POINT DR." and °W. TETER ST." 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 or the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,/ ~aENCY,R RESENTATIVES OR DESIGNEES Ada County Engineer John Priester , ~ ~ ~~-~ Date ~~ ' ZS" ~~ Ada Planning Assoc. Sue Hansen --gate '7 City of Meridian Cheryl Sable .~. Date ~4 - Z~' Meridian Fire District Representative ~ / NOTE: A copy of this evaluation sheet must be presented to tfie Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 111! Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS ~~ ~d - ?~- ~~ TRISUBSISM_CITY.FRM "N WHITE OAK AVE ° me • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LAKE AT CHERRY LANE NO. 7 SUBDIVISION ~x~~~* THIS DECLARATION is made on the date hereinafter set forth by Louis J. Steiner and Brenda Steiner, husband and wife, hereafter referred to as "Declarant. " WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: The Lake at Cherry Lane No. 7 Subdivision, according to the official plat thereof, recorded in Book of Plats at Pages and , as Instrument No. recorded on the day of 1997, records of Ada County, Idaho; and WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent Owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to The Lake at Cherry Lane Subdivision No. 7 Homeowners Association, Inc. anon-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 01/15/97-mw i ~ The Lake at Cherry Lane No. 7, according to the official plat thereof, recorded in Book of Plats at Pages and , as Instrument No. ,recorded on the day of , 1997, records of Ada County, Idaho. Section 4. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of the Common Areas. Section 5. "OWNER" shall mean and refer to the record owner, whether one or more persons or entitles, of the fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "DECLARANT" shall mean and refer to Louis and Brenda Steiner, their heirs and, subject to the provisions of Article XV, Section 4, below, their successors or assigns. Section 7. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 8. "DWELLING UNIT" shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking gazage next thereto, and all projections therefrom. Section 9. "IRRIGATION WATER SUPPLY SYSTEM" shall mean all real property and improvements thereon and all pumps, pipes and any other conveyancing apparatus and all easement rights for the installation and maintenance of the system by which irrigation water is delivered to each Lot, for the purpose of providing an irrigation water supply to the Owners. Section 10. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 11. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage, as mortgage is defined in Section 11. Section 12. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 12, possessing a lien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 11. Section 13. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 14. "RECREATIONAL FACILITIES" shall mean the improvements and facilities to be constructed and maintained on the Common Area. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 01/15/97-mw ~~ ARTICLE II: PROPERTY RIGHTS Section 1. Enjoyment of Common Area: Each owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to charge reasonable maintenance and other fees for the use and maintenance of any landscaping improvement or recreational facility situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. C. The right of the Association to charge reasonable admission fees for the use of any recreational facilities situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short term use of such facility and who are willing to pay a special fee or assessment for such use. D. The right of the Association to promulgate reasonable rules and regulations governing such right of use, from time to time, in the interests of securing maximum safe use of any recreation facilities situated upon the common area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of the Properties, including without being limited to, rules restricting persons under or over designated ages from using certain portions of the Common Area during certain times, rules regarding use by an Owner's guests, and reasonable regulations and restrictions regarding vehicle parking. . E. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and recreational facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3 % of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. F. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and recreational facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 otitsi~-mw ARTICLE III: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said Lot shall terminate or be transferred. Absolute liability is not imposed on Owners/members for damage to Common Areas or Lots in the subdivision. Section 2. Voting Rights: The Association shall have two classes of voting membership: Class A: Class A members shall be a110wners, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one-vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or B. On December 31, 2007. Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 Ol/IS/97-mw Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. B. Puroose of Assessments: The assessments levied by the Association shall be used for the- purpose of promoting the recreation, health, safety and welfare of the residents in the Properties, for the operation, maintenance, repair and improvement of the Common Areas and the Recreational Facilities and other improvements located thereon, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $ 1. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%), or the maximum percentage increase allowable by Federal National Mortgage Association, if any (whichever is greater), above the maximum assessment as set forth above. 2. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D. Initiation Assessment: Upon the initial conveyance of each Lot, the purchaser thereof shall pay an initiation assessment in the amount of $ E. Special Assessments for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 O1/15/97-mw F. Notice and Ouorum for Any Action Authorized Under Sections 3C and 3E: Written notice of any meeting called for the purpose of taking any action authorized under Section 3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one- half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots and may be collected on a monthly basis. H. Date of Commencement of Annual Assessments• Due Dates: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the initial conveyance of the said Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Effect of Nonpayment of Assessments• Remedies of Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Subordination of the Lien to Mort~a¢es: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 otits~~-mw • All property expressly dedicated to and accepted by a local public authority; 2. The Common Area; All other properties owned by Declarant or the Association; 4. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first. ARTICLE IV: PRIVATE STREETS Access to each Lot is provided by a system of private streets to be constructed by Declarant and owned and operated by the Association as a part of the Common Area. Said private streets are designated on the plat of the subdivision as Lot ,Block ,which lot is dedicated and restricted to the perpetual and indefeasible right of ingress and egress over and across said lot for the exclusive use and benefit of the Owners and residents of Lots through ,inclusive, their guests and invitees. The perpetual right of ingress and egress over and upon said Lot may not be terminated or extinguished without the written consent of all Owners, the Association, and any and all parties having any interest in the Properties. ARTICLE V: IRRIGATION WATER SUPPLY SYSTEM Section 1. Im~ation Water Supply: Each Lot and the Common Area shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay any assessments therefore levied by Nampa Meridian Irrigation District Section 2. Easement for Irrigation Water Supply Svstem: The Declarant and the Nampa Meridian Irrigation District shall have a permanent easement for the construction, maintenance and repair of the Irrigation Water Supply System and related pumps, pipes, and any other conveyancing apparatus in the public utility easements as depicted on the Plat, together with the right of ingress to and egress from the easement premises over and across the privately owned property of Owners to perform maintenance upon the pump, pipes and other conveyancing apparatus comprising the Irrigation Water Supply System together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. ARTICLE VI: EASEMENTS Section 1. Future Easements: The Association shall have the right to grant such easements across, upon and under the surface of the Common Area as may be reasonably necessary to serve the interests and convenience of the Owners for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 of/15!97-mw ~' Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent Dwelling Units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. Easement for Maintenance: Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform its maintenance obligations as set forth herein, including, but not limited to, snow removal, lawn and landscape maintenance, utility service and drainage system maintenance, and perimeter fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VII: MAINTENANCE RESPONSIBILITY Section 1. Association Responsibilities: The Association shall have the responsibility to repair and maintain the following elements of the Properties: (a) the Common Areas and improvements thereon, including the recreational facilities, the private street and private street signs, the storm drainage facilities on the Properties, any landscaping improvements, and any Association-owned street lights; (b) the exterior landscaping improvements located on each and every Lot in the subdivision; (c) the exterior paint and the roofs on the dwelling units located in the subdivision; and (d) the perimeter fence installed by the Declarant. In the event the need for maintenance and repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Section 2. Owner's Responsibility: Each Owner shall maintain and keep in good order and repair the exterior of his Dwelling Unit, except the exterior painting and roofs thereof, and any private decks, fences, and courtyards contiguous to his Unit. In the event any Owner fails to comply with its duties as set forth herein, the Association shall have the right to take such legal action as may be necessary in order to compel such compliance. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within ninety (90) days of the damage or destruction. Section 3. Maintenance of Private Road: In order to meet its maintenance requirements as contained herein, the Association shall, pursuant to the provisions of Article III, Section 3, above, collect each year a sum sufficient to create and maintain a capital improvement and maintenance fund for the purpose of providing for the maintenance of the private streets and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 01/15/97-mw C sidewalks described in Article IV, above, at any and all times of the year such maintenance is required and to totally reconstruct the said private streets and sidewalks, if necessary, within 20 years of the date of recording hereof. ARTICLE VIII: PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lot Use: No Lot shall be used except for single-family residential purpose. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations. The Owner of each Lot shall complete construction of a Dwelling Unit as permitted herein within one (1) year after the date of the first conveyance of the Lot to an Owner by Declarant. B. Occupanc~Requirements: To the extent permitted by law, no person under 18 years of age may regularly reside upon or occupy a Lot at any time. As used in this subparagraph, the term "regularly reside" is defined to mean any period of time in excess of 21 calendar days during any calendar year, provided that the Board of Directors of the Association may grant temporary and reasonable extensions of the said time limit where extenuating circumstances are found to exist. In addition, at least 80% of the occupied Lots must be occupied by at least one person 55 years of age or older, provided, however, that this requirement shall not apply until 25 % of the Lots are occupied. The Board of Directors of the Association shall publish and adhere to policies and procedures providing for the verification of compliance with the occupancy requirements contained herein, which such policies and procedures shall comply with any rules issued from time to time by the Secretary of the Department of Housing and Urban Development. B. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties, except that two dogs, cats or other household pets may be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. C. Garbage and Refuse Disposal: No part of said Properties shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Properties except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural Control Committee and shall be kept in a clean and sanitary condition. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 oiiisi~-mw D. Nuisance: No noxious or offensive or unsightly conditions shall be permitted upon any part of said Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed antennae or satellite dishes shall be erected on the Properties. E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. F. Storage of Vehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of the Properties except in fully enclosed buildings or as may be adequately screened from the front view of any Lot (e.g., by fence and/or landscaping), under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. All other parking of equipment shall be prohibited, except as approved in writing by the Board of Directors of the Association. Any vehicle awaiting repair or being repaired shall be removed from the Properties within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting shall be placed or permitted to remain on any comer Lot in violation of the sight distance requirements contained in the ordinances of the City of Meridian. H. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects. to the provisions contained in this Declaration-, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including amonth-to-month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. J. Fences: Fences, including fences around swimming pools, dog runs or other uses, may be permitted under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Architectural Control Committee, which discretion may not be challenged for having been exercised unreasonably. K. Parking Rights: Subject to the provisions of paragraph F. above, any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 O1/15/97-mw • • is a part of his Dwelling Unit. Parking by guests and invitees shall be permitted on one side of the street only, in accordance with such regulations as the Association may adopt in consultation with the City of Meridian Fire Chief. L. Mail Boxes: All mail boxes will be of consistent design, material and coloration and shall be located on or adjoining building Lot lines and places designated by Declarant or the Architectural Control Committee. M. Pa Walls: The Dwelling Units constructed upon the Lots will include party walls, being the common walls between two Dwelling Units, separating the units. Such party walls are intended to be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall have the right to use the surface of .any party wall contained within the interior of the Owner's Dwelling Unit, provided that an Owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. Such party wall shall be maintained in good condition by the Owners thereof, free of structural defects and using reasonable care to avoid injury to the adjoining property. Notwithstanding any other provisions of this paragraph, an Owner who by negligent or willful act or acts causes a party wall to be damaged and/or exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements and/or repair to such party wall. If such party wall is destroyed or damaged by fire or other casualty, either Owner may restore such parry wall and if the other Owner thereafter makes use of such party wall, such Owner shall contribute one-half (1/2) of the cost of such restoration. This right of contribution shall be without prejudice to any right to call for a larger contribution under any rule of law regarding liability for negligent or willful acts or omissions. ARTICLE IX: BUILDING RESTRICTIONS Section 1. Building Restrictions: With the exception of Common Area lots, no buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) attached single-family dwelling containing a minimum of 1100 square feet of interior living space which may not exceed thirty-two feet (32') in height, and a private garage for two (2) or more motor vehicles containing a minimum of 528 square feet of floor space. Each Dwelling Unit may not be occupied by more than one (1) family. Notwithstanding the foregoing, no Dwelling Unit which exceeds one story in height shall be permitted on any corner lot. Section 2. Setbacks: No building shall be located on any Lot nearer than 18 feet to the front Lot line; nearer than 15 feet to the rear Lot line; or nearer than five feet per story to a side Lot line. On corner Lots, the side yards shall be a minimum of 15 feet on the side abutting the street. Section 3. Construction Requirements: Each Dwelling Unit may have wood siding (redwood, cedar, or spruce which may be stained or painted) or a combination of wood, stone, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 oiitsi~-mw • • manufactured or synthetic stone, stucco, masonry or masonite siding. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on a portion of the front elevation as may be approved by the Architectural Control Committee, however, masonry wainscoting is discouraged. All roofs shall be comprised of 25-year architectural shingles, gray in color, with Duraridge caps or equivalent (as may be approved by the Architectural Control Committee) with a minimum 5/12 pitch. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entryway(s). All driveways must be concrete. Section 4. Landscaping: Within sixty (60) days of the date of occupancy or substantial completion of the Dwelling Unit located thereon (whichever first occurs), each Lot shall be fully landscaped in the front yard with grass (seeded or rolled sod), at least two (2) deciduous trees at least one and one-half (1-1/2) inches in diameter or conifer trees at least six feet in height and ten (10) 1 gallon and five (5) 5 gallon shrubs or bushes, in the rear yard with grass (seeded or rolled sod), at least two deciduous trees at least one and one-half (1-1/2) inches in diameter or conifer trees at least six (6) feet in height and five (5) 1 gallon and five (5) gallon shrubs or bushes, -and in the street side yard, if any, with at least two (2) deciduous trees at least one and one half (1-1/2) inches in diameter or conifer trees at least six (6) feet in height and ten (10) 1 gallon and five (5) gallon shrubs or bushes, all as has been approved by the Architectural Control Committee. As used herein, the front yard shall include that portion of each Lot to the side of the Dwelling Unit constructed thereon which is between the public right of way and the rear plane of the Dwelling Unit or a fence which extends from the side of the Dwelling Unit to the side lot line. During construction of the Dwelling Unit, there shall be installed in the front yard within ten feet (10') of the front boundary line, a photosensitive pole light designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 60 watts, including a minimum sixteen (16) inch diameter masonry or stucco base to match the Dwelling Unit. Section 5. Job Site Maintenance: Job sites are to be kept as clean as possible during construction. All dirt, nails, gravel and other building materials must be removed from the street and sidewalk daily. Work vehicles shall not be parked in front of occupied houses, nor shall they block streets. Power and water must not be used from existing dwellings without the prior permission of the Owner. Dumpsters and portable toilets are the responsibility of the Owner' his contractor and shall be kept orderly at all times and emptied on a timely basis. All contractors and subcontractors shall be prohibited from keeping dogs at the job site. ARTICLE X: ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three or more members to be appointed by the Board of Directors of the Association. The Board of Directors of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 oiiisi~-mw • • Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. Approvals Required: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section 3. Submissions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: A. Two complete sets of plans and specifications, one of which shall be returned to the one making the submission; and B. Manufacture's color samples for all exterior colors, including colors for siding, trim, roof coverings and masonry. Section 4. Rules and Regulations: The Architectural Control Committee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 Ol/15/97-mw i • Committee to adopt any such rules and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an architectural review fee to be paid by each Owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has -been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. Section 6. Waivers: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. Liabili Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 8. Certification by Secretary: The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Association shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 9. Construction and Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental .Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 01/15/97-mw • Dwelling Units; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. ARTICLE XI: INSURANCE AND BOND Section 1. Repuired Insurance: The Association shall obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. A. Amulti-peril-type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). B. A comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. C. Workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 2. Optional Insurance: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. A. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. B. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 O1/15/97-mw • protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association funds. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. B. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial rating by Best's Insurance Reports of Class VI or better. D. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. ARTICLE XII: CONDEMNATION Section 1. Consequences of Condemnation: If at any time or times, all or any part of the Common Area shall be taken or condemned by 'any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award, " shall be payable to the Association owning the condemned Common Area. Section 3. Apvortionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned Common Area equally on a per-Lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each Lot. Each such account shall remain in the name of the appropriate Association and shall be further identified by Lot number and the name of the Owner thereof. From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 oiiisi~-mw • i ARTICLE XIII: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. B. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. Any management agreement for the properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the contracting Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agreement shall not exceed one (1) year. D. Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: 1. By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this clause.) 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement cost basis in an amount not less than one DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 oiitsis~-mw • hundred percent (100%) of the insurable value (based on current replacement cost). 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self-management of the properties. ARTICLE XIV: ANNEXATION Section 1. Time for Annexation• Land Subject to Annexation: Declarant hereby reserves the right to annex the real property described in Exhibit A attached hereto, or any portion thereof, into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XIV. Upon the recording of a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Supplemental Declaration affecting such property), except as may be provided for therein, the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the project; and thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots and Units within the added. land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e. g. , by a specified vote of only the owners of Dwelling Units within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. Section 2. Procedure for Annexation: Any of the above described real property may be annexed into the project by the recordation of a Notice of Annexation executed by Declarant and containing the following information: A. A reference to this Declaration, which reference shall state the date of recordation hereof and the Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded; B. An exact legal description of the added land; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 Ol/ls/97-mw • ~ C. A statement that the provisions of this Declaration shall apply to the added land, except as set forth therein; and D. A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XV: GENERAL PROVISIONS Section 1. Enforcement: The Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) yeazs. Except as otherwise provided herein, any of the covenants and restrictions of this Declazation, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3 %) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other person, corporation or entity which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such person, corporation or entity evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 Ol/15/n-mw •~ U IN WITNESS WHEREOF, Declarant has hereunto set their hand this day of 1997. DECLARANT: LOUIS J. STEINER STATE OF CALIFORNIA ) ss. County of Merced ) BRENDA STEINER On this day of 1997, before me, the undersigned Notary Public in and for said State, personally appeared Louis J. Steiner and Brenda Steiner, known or identified to me to be the persons who executed the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for California Residing at My Commission Expires _ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 20 oiiisi~-mW