HomeMy WebLinkAboutLos Alamitos No. 1 FPI
REQUEST FOR SUBDIVISION APPROVAL
PREL111INARY PLAT AND/OR FINAL PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
RECEIVED
APR 14 1994
CITy Of MLKIDIA14
A request for p'relimina'ry plat approval must be in the City
Clerks possession, no later than three days following the
regular meeting of the Planning and Zoning Commission.
The Planning and Zoning C:ommisision will hear the request at
the monthly meeting following the month the request was
made.
After a proposal enters the process it may be acted upon at
subsequent monthly meetings provided the necessary
procedures and documentation are received before 5:60 P.M.,
Thursday following` the Planning and Zoning Commission
action.
GENERAL INFORMATION pp
1. Name of Annexation and Subdivision, Los %SLAmtrZLS TiJ2K PNAS
2. General Location, M\! l4 'SW/,f _C1 -I-04 20, 3j J (E
3. Owners of record GENE Q�g(3111
Address, 6 hleg I - Zip 83642-TeIephone
4. Applicant, fDRWeSTQEyC-LOPO S__Address, 14450 5r iE Ems'
5. Engineer, Aute �b Ci pNGE Firm_ Ro<1LAQCC- 55�GIA-I'FS P%J
Address_ 419 LAMS D -0j5E , ZipR3?d)O Telephone �L�333b- 9v
6. Name and address typ receive City billings: Name T`( b�-1�SM►j�l
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1.
Acres ✓%
2. Number of lots �$
3. Lots per acre
4. Density per acre , DO (,
5. Zoning Classification(s) R-�
i I )
13.
14.
15.
If the proposed subdivision is outside the Meridian City
Limits but within thejurisdictional mile, what is the
existing zoning classification_ N/A
Does the plat border a potential green belt NO
ii
Have -recreational easements been provided for NO
Are there proposed recreational amenities to the City_
Explain
Are there proposed dedications of common areas? Yes
Explain 89RN6 b. 1QIN Pf G RETENRON3 PO►�)D __
For future parks?_ NO Explain
What school (s) service the area -�1Nr,'XAbb(- D1srPu<,T4� d you
propose any agreements for future school sites
Explain
\Other proposed amenities to the City Water Supply
�►`�- �SiTr: Fire Department Other
Explain
Type of.Building (Residential, Commercial, Industrial or
combination)_ 1EsIDV-r3 NL'
Type of Dwelling(s) Single Family, Duplexes, Multiplexes,
other_ 15RJX E FAMtL. t
Proposed Development features:
a. Minimum square footage of lot(s),
b. Minimum square footage of structure(s)_��o��
C. Are garages provides for, square footage4
d. Are other coverings provided for JVD
e. Landscaping has been provided for �}'�Describe
1 n�uNb�Titrs Al.�n,s R= wRt-sor -SAY
(2)
r
f. Trees will be provided f or �'&FS , Trees will be
maintainedbu f to �/�er5 .
g. Sprinkler systems are prov'id'ed for ! Ic)
h. Are there multiple units Q0 Type
remarks
i. Are there special set back requirements N�
Explain
j. Has off street parking been provided for ""� , Explain-
k.
xplain-k. Value range of property*(Wc7-m —,yED(vt)
1. Type of financing for development
M. Protective copenants were submitted S ,Date
r ,,11
16. Does the proposal!la.nd lock other property Qb
Does it create Enclaves_ p
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
3.
4.
5.
6.
Development will connect to City services.
Development will comply with City Ordinances.
Preliminary Plat will include all appropriate easements.
Street names must not conflict with City grid system.
(3)
I
RECEIVED
APR 141994
Cif Y of mEXIDIAN
REOUL•ST FOR SUBDIVISION APPROVAL
PREL111INARY PLAT AND/OR FINAL PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
A request for prelamina•ry plat approval must be in the City
Clerks possession no later than three days following the
regular meeting of the Planning and Zoning Commission.
The Planning and Zoning Commission will hear the request at
the monthly meeting following the month the request was
made.
After a proposal enters the process it may be acted upon at
subsequent monthly meetings provided the necessary
procedures and documentation are received before 5:00 P. M. ,
Thursday following the Planning and Zoning Commission
action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision, LS /.�LAWTc5 PA2K PHkst-
2. General Location, I\ _I /d- �� Iq SF�7! �� 20 , 3N.
3. Owners of record, GF -NF-
A d d r e s s -VO-S
FNF-
Address-VOS L'cu C2UUr ( 1�2I0ll�i Zip 83 ZTelephone 2�8 �-'� i42
4. Applicant, _ S ftEnr Deyl^LoPErcs Address, 50 \9E-5 s -j fE-)&� �r,,-F- c
700 n15 t.i 1 I j U
5. Engineer, _ I la\',Il Qo'aNc-e Firm PL
Address__ 419 ✓=M/_(�'=�-r i� Z Ap;SE , Zip$3?0)0 Telephone
6. Name and address tp receive City billings: Name /�vu u -r C. a. WTH
'!'elepliaxieZC�i� n?'--97DFJ
PRELIMINARY PLAT CHEGXLIS'r: Subdivision Features
1. Acres Ca
2. • Number of lots �$
3. Lots per acre _3.4_' _
4. Density per acre 2,82 i)L; lbc,
5. Zoning Classification ( s) ,Q-4
k
El. If the proposed subdivision is outside the Meridian City
Limits but within the jurisdictional mile, what is the
existing mooning classification NJ 1114
7. Does the plat border a hhl
p potential green belt 'Vy
6. Have recreational easements been provided for ;y�)
5. Are there proposed recreational amenities to the City Me
Explain
10. Are there proposed dedications of 'common areas? YE5
Explain ! iw�,cuP�, 3r"R�� �. > �INACG RFTE�iIo^1 POt�1D
For future parks? Kt0 Explain
11. What school (s) service the area .k�N� .Schloo� Di57RIcT� you
do
propose any agreements for future school sites o
r
Explain
12. Other proposed amenities to the City Water Supply
W �Li- 5i7 Fire Department Other
Explain
13. Type os Building (Residential, Commercial, Industrial or
combination) NL -
14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes,
other -SIJ( L& F -Amt-
15. Proposed Development features:
a. Minimum square footage of lot(s), ��00
b. Minimum square footage of structures) �S�C
C. Are garages provides for, �ESsquare footage L034
d. Are other coverings provided for IVB
e. Landscaping has been provided for -q44 S Devcr•ibe
`ti 4J �a (Zt LTJn i -u4-(
(2)
f. Trees will be provided for ��ES Trees will be
maintained N hC)(1 6 re( -5 .
g. Sprinkler systems are provided for _ KI()
h. Are there multiple units QC Type
remarks
i. Are there special set back requirements �1)
Explain
j. Has oft street parking been provided for'�_,Explain
k. Value range of property(���,
1. Type of financing for development
M. Protective covenants were submitted Date
111'
16. Does the proposal land lock other property Q
Does it create Enclaves_
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by theCity Engineer. All sidewalks will be five (5)feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
3.
4.
5.
6.
Development will connect to City services.
Development will comply with City Ordinances.
Preliminary Plat will include all appropriate easements.
Street names must not conflict with City grid system.
(3)
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, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Rovlance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
REC D
APR 2 9 1994
CM OF MERIDIAN
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place t0 Live
COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
JA
LITH,
CITY OF MERIDIAN
RONALD R. TOLSMA
MAX
GARY D. P.E.City Engiurerneer
GARY D. SMITH, P.. City Engineer
ROBERT . CORRN
ROBERT D. CORRIE
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
Planner a Zoning Administrator
W.L. "BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 887.4813
Chairman - Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Rovlance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
REC D
APR 2 9 1994
CM OF MERIDIAN
Roylance &A 4clA
AM 19 Enwcod suw U?. .;;;; 83706
April 25, 1
Sherry Stile
Planning Di actor
City of Muni an
33 East Ida Street
Meridian, 1 ho 83642
E#WWs • Surveyors • Londplanners
Project No. 1448 1*kPN3ne t20e1336a739a FW(206)336-7391
RE� Statamonts of Conformance, Los Alamitos Park Subdivision Final Plat
Dear
Please be informed that the aforementioned final plat conforms with all
applicable r oquirements and provisions for final plats as specified by Section 9 -
ON -H of 1tv, City of Meridian Subdivision and Development Ordinance, with the
preliminary lot approved by the City Council, and with aoceptable engineering
and surveyif jig practices and standards for the local area.
Sincerely,
11A1�#=hrry,
BL�f"
Mike
Project 118 r
,ESCROW AGREEMEUT FOR THE BALE
�05
OFH.
THIS AGREEMENT, made and entered into this 27th day of
August, 1993, by and between GENE A. BABBITT and FREDA E. L.
BABBITT, husband and wife, of Meridian, Ada County, xdaho,
hereinafter -referred to as "Seller", and SIERRA HOMES, INC., an
Idaho oorporation, with its principal place of business in Boise,
Ada County, Idaho, hereinafter referred to as 'Buyer.'$
W I T N E S S E T H:
Seller agrees to sell to 9uyex•on•performance of all of
the agreements and covenants of Buyer at the time and in the manner
hereinafter specified, and convey or cause to be conveyed by the
legal owner or owners thereof by good and sufficient Warranty Deed,
free of all:lions and encumbrances excepting any that may have
attached by xeason of any act, deed or omission of said Buyer, and
excepting any lien to which this Agreement is expressly made
subject, the following described real property, commonly known as
the Babbitt Real Estate, located at 2570 South Locust Grove Road,
situated in the County of Ada, State of Idaho, and more
particularly described as follows, to -wit:
PARCEL A: +
The North Half of the Northwest Quarter of the Southwest
Quarter and the North Half of the Northeast Quarter of
the southwest Quarter, Section 20, Township 3 North,
Range 1 East of the Boise Meridian, EXCEPT the following-
desoribed tracts
Beginning at tho Northwest corner of the Southwast
Quarter of Section 20, Township 3 North, Range 1 East of
the Boise Meridian, thence East 16 rodgl thence South 15
ESCROW AGREEMENT FOR THE SALE OF REAL PROPER'T'Y S
Le'd
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
rods; thence West 16 rods; thence North 15 rods to the
place of beginning.
Together with all water and water rights, ditches and
ditch rights used thereon or appurtenant thereto,
including but not Limited to water and. ditch rights under
the Nampa -Meridian Irrigation District; also rights to
waste water.
SUBJECT TO existing easements for roads, highways,
ditches, canals, laterals and power and transmission,
lines.
Beginning at the Southwest 1/16 corner on the West side
of Section 20, Township 3 North, Range 1. East, Boise
Meridian, which 1/16 corner is North 1327.9 feet from the
Southwest corner of said Section 20; thence continuing
North 663.7 feet to a paint; thence North 89017' East
21267.0 feet to the Real Point of Beginning; thence North
8901.71 East 347.8 feet to a steel pinj thence South
399361 West 174.2 feet to a steel pin; thence North
72°41-1./2' West 1.79.9 feet to a*steel pin; thence North
40922-1./2' West 100.1 feet to the Real Point of
Beginning.
The above tract Contains 0.641 acres.
Beginning at the Southwest 1/16 corner on the West side
of. Section 20, Township 3 North, Range 1. East, Boise
Meridian, which 1/16 corner is North 1327.9 feet from the
southwest corner of Section 20; thence continuing North
663.7 feet to a point] thence North 89017' East 794.9
feet to the Real Point of Beginning; thence North 8901.71
Bast 1472.2 feet to a point j thence South 4002213011 East
100.1 feet to a point; thence South 72642130" East 179.9
feet to a point; thence South 3305613011 West 86.2 feet to
a point; thence South 890171 West 1544.9 feet to a point;
thence North 29046' West 232.9 feet to the Real. Point of
Beginning.
The above tract contains 7.206 acres.
SUBJECT TO a 50 -foot permanent easement for ingress and
egress along the entire West side of the above --described
property, and together with a 50 -foot permanent easement
for in rens and egress along the entire North side of the
following described two tracts
ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 2
P V-1 1 1101
IN ADA COUNTY, STATE OF IDAHO!
Beginning at the Southwest 1/16 corner on the West side
of Section 20, Township 3 North, Range 1 East, Boise
Meridian, which 1/16 corner is North 1327.9 feet from the
Southwest corner of said Section 20: thence continuing
North 663.7 feat to a pointj thence North 89017' East
242.8 feet to the Real Point of Beginning; thence North
890171 East, 552.1 feet to a pointj thence South 296461
East, 230.4 feet to' a point; thence South 89022' West,
666.55 feet to a point; thence North 200.3 feet to the
Real Point of Beginning,
Tho above described traot contains 2.810 acres.
IN'ADA COUNTY, STATE OF IDAHO:
Beginning at the Southwest 1/16 corner on the West gide
of section 20, Township 3 North, Range 1 East, Boise
Meridian, which 1/16 corner is North 1327.9 fact from the
Southwest corner of said Section 20; thence continuing
North 463.7 feet along the West side of said Section 20
to a point; thence North 89022' East 25.0 feet to a steel
pin, the Real Point of Beginning; thence North 89022'
East 217.8 feet to a point; thence North 200.3 feet to a
point; thence South 89022' West, 217.8 feet to a point;
thence South 200.0 feat to the Real Point of Beginning.
Containing 1 acre, more,or less.
This parcel is a portion of the South Half of the North
Half of the Southwest Quarter of Section 20, Township 3
North, Range 1 East of the Boise Meridian and is more
particularly described as follows:
COMMENCING at the Southwest corner of said South Half of
the North Half of the Southwest Quarter; thence South
890491391' East along the South boundary of said South
Half of the North Half of the Southwest Quarter a
distance of 1272.85 feet; thence North 411153108" West a
distance of 263.20 feet; thence North 4004410811 West a
distance of 140.40 feet; thence North 29000108" West a
di8tatice of 183.80 feet; thence South 89057108ll East
parallel with the North boundary of said South Half of
the North Half of the Southwest Quarter a distance of
114.38 feet to the TRUE POINT OF BEGINNING;
Thence continuing South 89057108" East parallel with said
North boundary a distance of 1430.52 feet; thence South
34042122" West a distance of 12.00 feet; thence South
39011122" West a distance of 8.41 feet; thence North
8945710811 West parallel with said North boundary a
distance of 1409.28 fectj thence North 2990010811 West a
ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 3
as follows, to -wit:
1. the sum 0111,118.88 In cash, receipt of which
is hereby acknowledged by Seller, to be paid to Pioneer Title
Company of Ada County, Boise, Idaho, as escrow agent in the form of
earnest poney'deposit.
B. An additional sum of $47,500.00 in cash, shall
be deposited with the escrow� holder on or before the date of
olosingl '
C. The balance of the purchase price shall be
divided into four equal annual installments, each equal to twenty-
five. percent (25t) of the balance of the purchase price, with the
first of said annual installments to be paid on or before December
31, 1994, the second annual installment to be paid on or before
December 31, 1995, the third annual installment to be paid on or
before December 31, 1996, and the fourth and final annual
installment of the remaining balance due shall be paid on or before
December 31, 1997. All payments shall be credited first to accrued
interest and the balance to principal.
01 said unpaid principal balance shall bear no
interest if all annual installments are timely paid. In the event
any annual installment is not timely paid, said annual installment
I
shall bear interest at the rate of ten percent (10%) per annum from
the date said annual installment is due until paid. The payment
thereof shall be applied first to interest and the balance to the
principal amount of said annual installment.
E. Buyer shall have the privilege of prepaying all
ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 5
L0'd -- - - - -
e
or any portion of the remaining principal balance at any time,
IT XS FVRTIIER EXPRESSrjy COVENANTED AND AORELD by and
between the parties hereto as follows: ,
i. POSSESSIOH: The Seller shall deliver and surrender
possession of the above described premises to the Buyer as'each of
i
the said tracts, numbered 11 2, 3 And 41 are paid Por through
escrow. The Seller shall be entitled to continued possession of
said tracts of the property for the time period from the execution
hereof until those tracts are paid for and the warranty deed
covering said tract is delivered to Buyer. However, during said
time period, Buyer shall have the right to enter and go upon each
of said tracts for purposes of conducting, obtaining or preparing
sail and water tests, engineering studies, and such other studies
and tests as Buyer may reasonably determine to be appropriate,
using extreme care and caution not to disturb or cause damage to
any crops seller may have growing upon said tracts of property.
Further, during said time period, Buyer shall be entitled to make
applications for such governmental permits, certificates and
licenses as may be required for Buyer's ultimate development of
each tract of the property.
2. ENGINEERING ANDZ NQ zt� A�� Seller hereby
I
authorizes Buyer to enter upon the property for purposes of survey,
soil tests an other engineering studies as Buyer deems necessary
for Buyer's intended use of the property, seller agress-to execute
p
zoning applications, or other zoning documents, as may be required
by Buyer, and agrees to cooperate with Buyer on all governmental
ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 6
Ii
applications contem fated herein and to be submitted b Buyer. All
pP P Y Y
costs of said tests, surveys, engineering, planning or zoning
documents shall be solely at the expense of and paid for by Buyer.
Buyer agrees to indemnify and save harmless seller from any claims,
actions, suits or demands resulting from any actions of the Buyer.
Buyer will not allow any labor or material liens to be filed on the
property. Should Buyer default under the terms of this contract,
Buyer shall restore said property to its original condition, with
respect to soil tests or any other engineering studies done on the
property, and pay for any crop damage that may occur as a result
thereof.
3. WARRANTIES: Buyer has inspected the above described
real property and premises, and accepts the same in the condition
the same are now in. There are no verbal or implied promises,
agreements, stipulations, representations or warranties of any
character whatsoever, except those set forth 'in writing in this
Agreement, and Buyer in entering into this Agreement is relying
wholly upon Buyer's own inspection and judgment.
4. TAXES AND AS ESSMENT : Taxes mean all general and
i
special taxes: levied against the premises and the improvements and
fixtures thereon by an taxing unit for any purpose and includes but
is not limited to those for bonds and special improvements.
Seller agrees to pay all taxes, water assessments and .all
other assessments of any type or kind upon the above described real
property for the year•1993 and all prior years; and the Buyer
agrees to pay all taxes, water assessments and all other
ESCROW AGREEMENT FOR TME SALS OF REAL PROPERTY - 7
•
P.01
distance of 18.73 feet to the TRUE POINT OF BEGINNING.
This parcel contains 0.534 acres, more or less.
Together with all water rights, ditch rights, rights of
way, tenements, hereditaments and appurtenances thereto
belonging or used in connection therewith.
EXCLUDING THEREFROM, the Babbitt residence located
thereon and approximately one acre of ground, more
particularly described as follows, to --wits
A portion of the North Half of the Southwest Quarter of
Section 20, Township 3 North, Range 1 East, Boise
Meridian, more particularly described as follows
Beginning at the Southwest 1/16 corner of the West side
of Section 20, Township 3 North, Mange I EaSt, Boise
Meridian, which 1/16 corner is North 1327.9 feat from the
Southwest corner of said section 20; thence continuing
North 663.7 feet along the West side of said Section 20
to a point; thence North 89 017 t East 25.0 fact to a steel
pin, the REAL POINT OF BEGINNING; thence North 894171
Last 217.8 feet to a point; thence North'2000 feet to a
point; thence Went 217.8 feat to a point; thence South
200.0 feat to the REAL POINT OF BEGINNING.
I. IM -PROPERTY: The property consists of
approximately 50 acres, more or less which
property shall be
surveyed by a licensed engineer at Suyer's expense on or before
r
closing of this transaction as hereinafter defined. The licensed
engineer employed by the Buyer shall divide the above described
real property into four parcels of nearly equal size, to be
designated as Tracts 1, 21 3 and 4.
II. PURCHASS PRS
I
described real property and
FOURTEEN THOUSAND DOLLARS
PRICE:
Buyer agrees to buy the said above
to pay Seller therefor the sum of
($14,000.00) per acre, being
approximately $7001000.00, the exact amount of which is to be
I'
determined upon the survey of the total acreage as agreed herein,
pAyable in lawful money of the United States, payable in the manner
F
:,ESCROW AGREEMENT FOR THE SALE OF REAL PROPERTY - 4
0
C�
•
pis
4
allal
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Roylance & AsllsociatS P.A. A*WS • Surveyors • Londplarmers
4619 FMW(W Soft U 2
kftho 63106 Project No_ 1448 ; ^ (M) 336.7390 Fox(208)336-739i
April 25, 1
Sherry Stile
Planning Di actor
City of Merl ian
33 East Idat o Street
!Meridian, ld iho 83642
REQ Statwmnts of Conformance, Los Alamitos Park Subdivision Final Plat
Dear Sherry:
Please be informed that the aforementioned final plat conforms with all
applicable r oquirements and provisions for final plats as specified by Section 9-
604-N of IN City of Meridian Subdivision and Development Ordinance, with -the
preliminary let approved by the City Council, and with acceptable engineering
and surveyif jig practices and standards for the local area.
Sincerely,
1111�=tv
Bt�2Y'
Mike ry,
Project Ma r
R1NCxERT
CLARK
LA WYBRS
4057
RINGERT CLARI{
Itt-It"I
brand tax transmitted memo 7677 1 Nor pa e r
o
�
Co.
Co.
Dept.
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City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
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June 7, 1994 RECEIV9 a,�,'wq uo';t
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Re: License Agreement - Phase 1 Work in Los Alamitos Park
Subdivision (Ninemile Drain) and Salmon Rapids Subdivision
(Eightmi.le Lateral)
Dear Sir:
As the attorney for Nampa & Meridian Irrigation District who
prepares license agreements, I notify you that Marty Goldsmith, dba
Far West Developers, through his engineer, Robert E. Jones of Roylance
& Associates, has provided me and'the District with plans and other
information directed toward my preparation of a license agreement.
The construction work and activity to be covered by the license
agreement is restricted to what licensee refers to as "Phase 1.11 The
specific work and activity licenses has requested be included in the
license agreement consist of replacement of a 3011 pipe with a 6011
pipe in Ninemile Drain immediately north of Los Alamitos Park
Subdivision, minor grading consisting of leveling ground from the back
of lots to the top of the ditch bank, and the placing of one fence
each along Eightmile Lateral and Ninemile Drain at a location
acceptable to the District.
i understand considerable construction work and activity will be
performed by licensee in and near these two subdivisions in the
future. However, that work and activity is apparently in later phases
of the work and will not be covered by the present license agreement.
I have had insufficient time to prepare the agreement and in addition
the District's water superintendent is gone from his office this week.
Yours very truly,
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co; Robert E. Jones (by fax)
Bill Hanson
455 South 'f hirci street • P.O. BOX 2773 • Boise. ]CiM10 83701 • 208/342-45m l RAX 342-4657
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
August 22, 1995
• HUB OF TREASURE VALLEY
COUNCIL MEMBERS
A Good Place to Live
CITY OF MERIDIAN
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
33 EAST IDAHO
P a Z COMMISSION
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
MOE ALIDJANI
Public Works/Building Department (208) 887-2211
JIM SHEARER
Motor Vehicle/Drivers License (208) 888-4443
CHARLIE ROUNTREE
TIM HEPPER
GRANT P. KINGSFORD
Mayor
TO: FARWEST DEVELOPERS, INC. (Marry Goldsmith)
FROM: Gary D. Smith, P.E., City Engineer
RE: LOS ALAMITOS PARK SUBDIVISION NO. 1
By signatures to this Letter of Understanding the City of Meridian will release building permits for
this subdivision subject to Farwest Developers, Inc. fulfilling the requirements of Item No. 1 of
Exhibit "B" to the Development Agreement by and between the City of Meridian, Idaho and
Farwest Developers, Inc. as follows:
The perimeter fence, referenced in said Item No. 1, shall be complete within twenty one
(21), calendar days, that is by September 12, 1995. The developer shall immediately
provide a "temporary" trash retaining perimeter fence portions of which may be removed
only as the permanent fencing is installed. The trash retaining fence shall remain in place
adjacent to the wrought iron fence as long as houses are being built in this subdivision.
2. Developer shall provide a Letter of Credit to the City of Meridian guaranteeing
construction of the approximate 895 foot length of wooden perimeter fence not included
in the original Letter of Credit issued by West One Bank on June 5, 1995.
Letter of Credit amount to be:
895 L.F. x $9.00/L.F. x 1.10 = $8860.50
•
The signators to this Letter of Understanding understand that non-compliance to the conditions
stated herein will result in immediate suspension of building permit issuance until the stated
conditions have been satisfied.
Owest Developers, Inc.
Marty Goldsmith
STATE OF IDAHO)
ss
County of Ada
Farwest Developers, Inc.
Ken Henderson
On this f-�,f day of 1995 before me, the undersigned, a Notary Public in and for
said state, personally app ed Marty Goldsmith and Ken Henderson, known or proved to me to
be the President and Secretary, respectively, of said corporation that executed this instrument and
the persons who executed the said instrument on behalf of said corporation, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certificate first above written.
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City of Meridian �
INTER -OFFICE MEMO
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DATE q- 12 -95
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9
"MARTY GOLDSMITH DEVELOPMENT PROBLEMS" September 11, 1995
Please list those items you are knowledgeable about that have occurred on Marty Goldsmith's
projects that have caused us stress/concern/constemation and that have been contrary to what we
were told or what has been approved.
List the items by Project Name.
This is being compiled at the request of Councilman Morrow because of anticipate redress from
Goldsmith when he returns to town and finds his projects have been tabled by the City Council.
1. Salmon Rapids
-Fence along Locust Grove Rd. was not placed on property line. He gave false
impressions to lot owners that the common area he was fencing to the lots was theirs to
use.
-The pressurized irrigation in Salmon Rapids #1 was installed in a location other than
approved, and caused a footing on one house to be relocated which required an amended
site plan. This same lot ended up with the pressurized irrigation along the front of the lot
to be on the house side of the utility easement and when the contractor broke the line
Goldsmith placed a $1500.00 lien on'the property then negotiated additional easement for
releasing the lien. Rick lost a full week of time trying to resolve the issue.
-He constructed the pressurized irrigation in Salmon Rapids without any type of
inspections.
-He failed to comply with the section of the Development Agreement which required a
perimeter fence prior to building permits.
-In Phase I of Salmon Rapids he jogged his plat line to avoid a street crossing of the Eight
Mile Lateral. He then submitted plans for Phase 2 showing the bridge as previously
approved and constructed and did the same thing with the Nine Mile Crossing in Los
Alamitos.
-Control valves for Pressure Irrigation system located in the middle of a lot. House was
under construction when pressurized system was re -designed without City review and
installed. Home builder had to put up with Marty digging up the back yard three times
that was graded. Valve locations are more or less in the center of the back yard easement.
People selected their lot and stated construction without the knowledge that there would
be valves in the middle of their yard.
=Tried to sell illegal parcel that used to have home on it to several different people,
although he had been told numerous times it couldn't be done.
-Had to be told repeatedly to finish fencing to contain construction debris.
-Applications and plats indicated 1800 s.f minimums but Marty got attorney's involved to
go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was
recorded with note for 1400 sf.
2. Los Alamitos
-Sewer line casing was installed across 9 Mile Drain without approval.
-Sewer line was installed along 9 Mile Drain toward Lydia Aguirre without NM[D
approval or notification to Public Works for inspection and contractor trespassed on
Aguirre's property.
-The pressurized irrigation in Los Alamitos #1 was to be installed with a pump station on
Nine Mile Drain and revised plans were never submitted to the Public Works Dept. until
an adjacent property owner (Shipley) notified us he was using the well in Salmon Rapids
to supply Los Alamitos with water. He also failed to get water resources approval until
after it was done.
-He tried to back out on the donation of the well lot in Los Alamitos and still has not
deeded it to the city.
-He failed to comply with the section of the Development Agreement which required a
perimeter fence prior to building permits.
-Said his neighbors have no problem with him and didn't require fencing.
-Apparently told lot buyers they could build garages accessing Lydia Aguirre's access
road.
-Applications and plats indicated 1800 s.f minimums, but Marty got attorneys involved to
go down to 1500. Although plat was approved with note for 1500 s.f minimum, plat was
recorded with note for 1400.
-Marty gets attorney involved every other day and says unless he specifically signs in
writing, public testimony doesn't mean anything.
-Marty's famous quote: "I only said that to get my plat approved."
3. Hunts BI Uti
-Two story house was built in Hunts Bluff up- against Meridian Greens. There were
conditions placed upon those lots, i.e. Two story homes can't be built, homes had to have
shake roofs, etc.
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•
0
DEVELOPMENT MEMORANDUM
DEVELOPER: Farwest Developers, Inc.
SUBDIVISION: Los Alamitos Park Subdivision No. 1
REFERENCE: Final Plat Approval
RECITALS
RECEIVED
JUN 0 3 1994
CITY +fir hittil AN
1.1 On April 19, 1994, by unanimous consent of the Meridian City Council,
the Los Alamitos Park Preliminary Plat was approved conditioned upon a formal
request for waiver of the City's pressurized irrigation system ordinance and the receipt
and approval of the Subdivision's Covenants, Conditions and Restrictions.
1.2 The Developer has submitted its proposed Covenants, Conditions and
Restrictions.
1.3 The Developer applied for a waiver of the pressurized irrigation system
which waiver was denied by action of the Meridian City Council on May 17, 1994.
1.4 On May 17, 1994, in considering the Application for Final Plat Approval
of Los Alamitos Subdivision No. 1, the matter was tabled pending the submission of
a Development Agreement memorializing certain conditions and understandings
required of the Developer.
1.5 The City Attorney's Office is in the process of preparing a form
Developer's Agreement to be used by all developer applicants; and pending
preparation of this form, the Developer specifically agrees to the following covenants,
which covenants may subsequently be incorporated into the City of Meridian's form
Development Agreement.
1.6 Although Preliminary Plat approval has been given for approximately 75
lots Application for Final Plat Approval is restricted to Los Alamitos Park Subdivision
No. 1 as depicted on the attached Exhibit "A".
DEVELOPMENT MEMORANDUM - 1
AGREEMENT
2. Nine Mile Drain.
•
2.1 Nine Mile Drain constitutes the eastern parameter of Los Alamitos Park
Subdivision No. 1.
2.2 Although it is contemplated that the Developer will subsequently seek
final plat approval for the contiguous property to the east of Nine Mile Drain and the
Developer covenants in the event such application is sought to procure, prior to such
approval, a easement and crossing license agreement with the Nampa -Meridian
Irrigation District and other agencies having jurisdiction over the Nine Mile Drain, the
Developer is not submitting the crossing license agreement at this stage in the
proceedings.
2.3 The Developer represents that he has consulted with the Nampa -Meridian
Irrigation District and, in connection with this consultation, shall install a five foot (5')
high wrought iron fence on both sides of Nine Mile Drain, slope the bank of the drain
and provide for the care and maintenance of the area between the wrought iron fence
and the canal by the Homeowners Association.
3. Hunter's Lateral.
3.1 Although Hunter's Lateral does not cross Los Alamitos Park Subdivision
No. 1, the Developer contemplates acquiring the remaining portion of the parcel
owned by the Developer's seller, which portion will include Hunter's Lateral. The
Developer has obtained a certification from a licensed engineer that the dimension of
the piping required to tile Hunter's Lateral exempts Hunter's Lateral from the City of
Meridian's ordinance requiring tiling. To this end, when and if final plat approval is
sought concerning the portion of the property encompassing Hunter's Lateral, such
an exemption shall be sought.
4. School Site.
4.1 Developer represents and covenants that it has and shall designate a
three acre parcel in the northeast corner of the overall parcel that the Developer
ultimately seeks to develop, although such designated three acres is not part of Los
Alamitos Park Subdivision No. 1.
4.2 With respect to the referenced three acre school site, the Developer has
and shall continue to negotiate with the Meridian School District, granting to such
District, the right to acquire the referenced school site.
DEVELOPMENT MEMORANDUM - 2
5. Common Area Maintenance.
5.1 The Developer has submitted a proposed declaration of Covenants,
Conditions and Restrictions providing for the Homeowners Association's regular
assessments, which assessments shall be utilized for, among other purposes, the care
and maintenance of the Subdivision's common areas. It is agreed herein and
specifically memorialized in the referenced Covenants, Conditions and Restrictions,
that such common areas shall include:
a. The berms located on Lot 1, Block 2 and Lot 1, Block 3;
b. Lot 2, Block 1;
C. The island on Lot 1, Block 1;
d. The drainage and retention facility on Lot 8, Block 3;
e. The portion of each lot sandwiched between the Nine Mile Drain
and the perimeter wrought iron fence of such lots;
f. The sidewalks separated by landscape stripes and such separating
landscape stripes.
IN WITNESS WHEREOF the undersigned Developer executed this Agreement as
of the -f day of 1994, with the understanding that the
representations and cove nts made herein may be relied upon by the City of Meridian
and shall be further documented in the City of Meridian's form Development
Agreement.
FARWEST DEVELOPERS, INC.
By
MARTY GOLDSMIT , Kresfident
DEVELOPMENT MEMORANDUM - 3
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 6 fk day of 2C2�►� ber
, 1994, by and between the CITY OF MERIDIAN, a municipal corporation
of the State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest
Developers, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address
is 4550 West State Street, Boise, Idaho 83703
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, 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 request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1
0
0
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that
all such single-family houses shall have at least 1.500 square feet of floor space,
exclusive of garages.
3. That the property is zoned RR=4, described in "Exhibit A", and shall have lot sizes
of at least eight thousand (8,000) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the RRA zone and allow
no duplex units, townhouses, or patio homes to be constructed on said property.
4. That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities within or that may affect or
be affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6. That DEVELOPER will, at his, its or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system,
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2
electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross
drains, street, street surfacing, street signs, and barricades as well as any and all
other improvements shown on the Subdivision Improvement Plans. DEVELOPER
shall also install telephone, electrical power, gas lines, and television as required
for the development.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement. .
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines,
and pressurized irrigation lines and their individual building service lines, the curb
and gutter alignment and grades, etc. The "corrected" Subdivision Improvement
Plans shall include a "Certification" thereon, signed by the Registered Professional
Engineer in charge of the work, that said Plans of the various improvements are
true and correct and that he (the Registered Professional Engineer) has inspected
the construction of the various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines, storm drain lines,
sidewalks, curb and gutter, street paving, etc.) and that the materials for and the
installation of the same were all done in conformance with the applicable City
Standard Engineering Drawings and Standard Engineering Specifications
governing the construction of these facilities.
10. That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3
11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order, after conference with the
DEVELOPER or attempted conference after notice to DEVELOPER. Provided,
however, the City Council shall not make the finding set forth in this paragraph
except at a regular or special meeting of the City Council and unless the
DEVELOPER has been notified in writing of the time and place of such meeting
at least three (3) days prior thereto and has been given an opportunity to be
present in person or by counsel, and to be heard on the merits of the proposed
finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %)
per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4
0 •
piping, pressurized irrigation system, landscaping and berming, and fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute
and deliver a partial release of the lien created herein against all or any portion
of the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
15. That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such
work from qualified and responsible contractors and shall deliver copies of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5
of that portion of the construction work for which the CITY may possibly agree
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such costs shall be limited to
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
16. That DEVELOPER agrees that no Certificates of Occup cv will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
18. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer Farwest Develo=s, Inc.
City of Meridian Muly Goldsmith
33 East Idaho 4550 West State Street
Meridian, ID 83642 Boise, ID 83703
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
20. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de -annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
DATED the date, month and year first appearing.
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 6
0 0
DEVELOPER:
Farwest Developers.} Inc.
3
By:
Name: M J. Goldsmith
Title: President
Name: Ken n
Title: Secretary
CITY OF MERIDIAN
fi Gr P. Kingsford, a
44
..a - M
By '=;4'& �-"t4 01
William G. Berg, Jr., City erk
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7
•
STATE OF IDAHO )
County of Ada
ss.
On this day of' i , 1990 before me, the undersigned, a Notary Public
in and for said tate, personally appe ed May J. Goldsmith, and Ken Henderson, known, or
proved to me, to be the President and Secretary, respectively, of said corporation that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
0. t4
4" • : M
c��•.
O
.,�.,,,9r�•O F IU
..
STATE OF IDAHO )
ss.
County of Ada
Notary Public f r Idaho
Residing at: a d�-
My Commission Expires: 2-/1)-
On this 1_ day of , 199,g', before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
F t_ •,
(SEAL)
ttt/ltill/ll``
blic for Idaho
'ng at: /l%-, `aK
Commission Expires: o.2 99
Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 8
•
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
FARWEST DEVELOPERS. Inc.
This subdivision is for a maximum of 23 single-family dwelling units with an overall density of
2.82 dwelling units per acre. The DEVELOPER shall:
1. Construct a wrought iron fence along Nine Mile Creek as provided for in the license
agreement between the Developer and the Nampa -Meridian Irrigation District; Developer
is to provide a copy of the executed agreement to the City of Meridian. Provide
perimeter fencing prior to obtaining building permits.
2. -Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located on the property, unless downstream water users and the irrigation
district determine they can be abandoned.
3. Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines, as well as extending and constructing water and sewer
line extensions through the property.
4. Construct curbs, gutters, sidewalks and streets to and within the property.
5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of-
way, including any necessary bike lanes.
6. Pay any development, impact or transfer fee adopted by the CITY.
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
S. Construct a twenty -foot (20') landscaped strip along Locust Grove Road to be maintained
by the Homeowners Association.
9. Construct and install pressurized irrigation to all lots within this subdivision.
10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
11. Make available to the Meridian School District a 2.3 -acre parcel to be used for a future
school/park site in future phases of Los Alamitos Subdivision.
EXHIBIT "B" Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 2
y'
12. Donate a well lot to the City.
13. Provide pedestrian walkways as required by 11-9-605 C.
14. Petition the City Council for amendment to this development agreement at such time as
future phases of Los Alamitos Subdivision are proposed to incorporate specific
requirements.
?5013('I I
EXHIBIT "B" Rev. 12/05/94
LOS ALAMITOS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 of 2
RECLiVED
DEVELOPMENT AGREEMENT DEC- 2 19194
CITY CF F A DiAN
THIS AGREEMENT, made and entered into this day of
1994, by and between the CITY OF MERIDIAN, a municipal corporation
of the State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest
Developers, Inc., party of the second part, hereinafter called the "DEVELOPER", whose address
is 4550 West State Street, Boise, Idaho 83703
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
A and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
1, Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of R=4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, 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 request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
Rev. 10/18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1
•
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that
all such single-family houses shall have at least 1.400 square feet of floor space,
` exclusive of garages, and any single-family home within five hundred (500) feet
of Meridian Greens Subdivision shall have a minimum of 1.500 square feet of
floor space, exclusive of garages.
3. That the property oned RR=4, described in "Exhibit A "sh 1 have lot sizes of at
least eight thousand (8.000) square feet, which is the size represented at City
hearings, and shall meet all of the requirements of the RR=4 zonej,dti�49Q" �r►.r-
4. That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5. That DEVELOPER will, before annexation, or de -annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities within or that may affect or
be affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
V I-
6. That DEVELOPER will, at hisjor their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
Rev. 10/18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2
• 0
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system,
electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross
drains, street, street surfacing, street signs, and barricades as well as any and all
other improvements shown on the Subdivision Improvement Plans. DEVELOPER
shall also install telephone, electrical power, gas lines, and television as required
for the development.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines,
and pressurized irrigation lines and their individual building service lines, the curb
and gutter alignment and grades, etc. The "corrected" Subdivision Improvement
Plans, shall include a "Certification" thereon, signed by the Registered Professional
Engineer in charge of the work, that said Plans of the various improvements are
true and correct and that he (the Registered Professional Engineer) has inspected
the construction of the various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines, storm drain lines,
sidewalks, curb and gutter, street paving, etc.) and that the materials for and the
installation of the same were all done in conformance with the applicable City
Standard Engineering Drawings and Standard Engineering Specifications
governing the construction of these facilities.
10. That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
Rev. 10/ 18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 3
11.
1
0 •
That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after_ conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy, should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %)
per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing. In
Rev. 10/ 18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 4
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute
and deliver a partial release of the lien created herein against all or any portion
of the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
15. That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such
work from qualified and responsible contractors and shall deliver copies of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
of that portion of the construction work for which the CITY may possibly agree
Rev. 10/18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such costs shall be limited to
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
16. That DEVELOPER agrees that no Certificates of Ocoaa= will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Oc=ancv_
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof, and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
18. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer Farwest Develop, Inc.
City of Meridian Muty Goldsmith
33 East Idaho 4550 West State Street
Meridian, ID 83642 Boise. ID 83703
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office _rrs P-
20. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
22. 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.
Rev. 10/ 18/94
WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6
•
DATED the date, month and year first appearing.
DEVELOPER:
Farwest DevelgVers. Inc.
By:
Name:G�ldsmith-
Title:
President
By:
i -'c
Name:
Ken Henderson
Title:
Secretary
CITY OF MERIDIAN
By
Grant P. Kingsford, Mayor
William G. Berg, Jr., City Clerk
Rev. 10/ 18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 7
•
STATE OF IDAHO )
County of Ada
ss.
•
On this day of % , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared MAM J Goldsmith, and Ken Henderson, known, or
proved to me, to be the President and Secretary, respectively, of said corporation that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
%,.n11..,,,, *.
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•�. ��a• p
O`otl o to ' •'y'�.
STATE OF IDAHO
ss.
County of Ada
Notary Publicfor
Residing at:
&A
My Commission Expires: 9419 -Q-0Q5e2
On this day of , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City. Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate fust above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Rev. 10/ 18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 8
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
FARWEST DEVELOPERS, Inc.
This subdivision is for 41 single-family dwelling units with an overall density of 2,73 dwelling
units per acre. The DEVELOPER shall:
1. Construct a non-combustible fence along the Eight Mile Lateral within the Nampa -
Meridian Irrigation District easement as provided for in the license agreement between
the Developer and the Nampa -Meridian Irrigation District.
2. Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located on the property.
3. Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines, as well as extending and constructing water and sewer
line extensions through the property.
4. Construct curbs, gutters, sidewalks and streets to and within the property.
5. Dedicate the necessary land from the centerline ofi Locust Grove Road for public right-ofway-
-
6. Pay any development, impact or transfer fee adopted by the CITY.
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8. Construct a twenty -foot (20') landscaped strip along Locust Grove Road to be maintained
by the Homeowners Association.
9. Construct and install pressurized irrigation to all lots within this subdivision.
10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
11. Continue planting strip in accordance with Ordinance Section 11-9-605 G. along culdesac
near Locust Grove and construct a vertical curb to help prevent cut -through traffic to
Locust Grove.
Aq�� P"a� P'.M�
EXHIBIT "B" Rev. 10/18/94
SALMON RAPIDS SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 of 1
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@PIONEER TITLE COMPAO( OF ADA COUNTY
s..
PHONE (208) 377-2700 BOISE, IDAHO 83704 FAX (208) 3849936
ORDER NO. O / A
CITY OF MERIMIAN
33 E. IDA80
MERIDIAN, ID 83642
11
PROPERTY DESCRIPTION:
1/1 LOS ALAMITOS PARK #1
A 1757
DATE ORDERED 9/15/95
JB
SELLER CITY OF MERIDIAN
PURCHASER
DATE DESCRIPTION CHARGES CREDITS BALANCE
9/15/95 RECORD WARRANTY DEED 3.00
3.00
WHEN REMITTING PAYMENT KINDLY REFER TO OUR ORDER NUMBER
%�ec,r� suG���- �l/'f 6/'// AD.
Fahwelferre/a��F-
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A
DECLARATION OF COVENANTS, CONDITIONS AND" ,
F
RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION
THIS DECLARATION is made as of the day of , 1994, by
FARWEST DEVELOPERS,. INC., hereinafter referred to as "Declarant."
RECITALS:
A. Declarant Farwest Developers, Inc. is the owner of certain real property in
Ada County, State of Idaho, more particularly described as follows:
See Exhibit "A" attached hereto an by this reference
incororated herein.
The above described parcel of real property is hereinafter referred to as the
"Subject Property."
B. Declarant desires to impose upon Subject Property certain protective
covenants, conditions, restrictions, reservations, easements, liens and charges for the
benefit of Subject Property and all present and subsequent owners thereof, and all
conveyances of Subject property or any part thereof shall be subject to this
Declaration;
NOW, THEREFORE, Declarant hereby imposes upon Subject Property the
following easements, conditions, covenants, restrictions and reservations which shall
run with Subject Property and be binding upon all parties now or hereafter having any
right, title or interest therein or to any part thereof, and shall inure to the benefit of
each owner thereof.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 1
ARTICLE 1: DEFINITIONS.
The following terms shall have the following meanings:
1.1 "Association" shall mean and refer to Los Alamitos Park Subdivision
Homeowners' Association, Inc., a nonprofit corporation organized under the laws of
the State of Idaho, its successors and assigns.
1.2 "Subject Property" shall mean the property defined as Subject Property
in the recitals above.
1.3 "Lot(s)" shall mean and refer to the plots or tracts of land comprising
Subject property, designated by lot numbers on the plat, or any resubdivision thereby.
1.4 "Owner" shall mean and refer to the record owner of fee simple title to
any Lot, excluding those record owners having title merely for security for the
performance of an obligation.
1.5 "Declaration" shall mean this Declaration.
1.6 "Dwelling Unit" shall mean that portion or part of any structure intended
to be occupied as a single-family residence, together with the vehicular parking garage
next to such dwelling unit and all projections therefrom.
1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract
or other security instrument by which a Lot is encumbered.
1.8 "Mortgagee" shall mean any person or the successor to any person
named as the mortgagee, beneficiary, seller or creditor under a Mortgage.
1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien
on a Lot or any part thereof prior to any other Mortgage.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 2
1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage.
1.11 "Building" includes any Dwelling Unit, house, garage, or any other
partially or fully enclosed building, shed or other structure, consisting of one or more
walls or roof. A building includes barns, sheds, animal enclosures which have a partial
or full roof impervious to water in whole or in part, and similar structures.
1.12 "Nonconforming Building" includes any building legally existing and/or
used as of the date of this Declaration which does not conform with the building
restrictions set forth in Article 6 of this Declaration.
1.13 "Plat" shall mean and refer to that certain plat of Los Alamitos Park
Subdivision to be recorded in the Ada County Recorder's office, which plat covers and
subdivides all of Subject Property.
1.14 "ACC' shall mean the Architectural Control Committee.
ARTICLE 2: ASSOCIATION MEMBERSHIP
2.1 Each Owner shall be a member of the Association, except Lot 1, Block
1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3. Membership shall be appurtenant
to and may not be separated from ownership of any Lot. Ownership shall be the sole
qualification for membership and shall automatically commence when a person
becomes such Owner and shall automatically terminate when such ownership is
conveyed or transferred. There shall be only one membership for each Lot, except Lot
1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 which shall have no
membership associated with their ownership. If there are multiple Owners of a Lot,
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 3
• •
the Owners shall, by written instrument filed with the Association, designate the
individual entitled to exercise the privileges of Membership.
ARTICLE 3: VOTING RIGHTS
3.1 There shall be one vote for each membership and one membership for
each Lot. Each membership shall be entitled to one vote for each Lot owned.
ARTICLE 4: ASSESSMENTS
4.1 Creation of Lien and Personal Obligation of Assessments.
Each Owner, by acceptance of the deed therefore (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay to the Association
special assessments should the Association levy such assessments from time to time.
If assessed, special assessments, together with interest, costs of collection and
reasonable attorney 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 fees, shall also be
the personal obligation of the Owner at the time when the assessment fell due. The
obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a
personal obligation of successors -in -title, unless expressly assumed.
4.2 Purpose of Assessments. The assessments levied by the Association
shall be used exclusively for the purpose of promoting the recreation, health, safety
and welfare of the residents of Subject Property and to carry out the objectives and
purposes of the Association.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 4
I
•
4.3 Notice and Quorum for Saecial Assessment. Written notice of any
meeting called for the purpose of making a special assessment shall be sent to all
Association members not less than twenty (20) days in advance of such meeting.
Such notice shall specifically indicate that a special assessment is to be considered at
such meeting. A quorum of not less than a majority of the members entitled to vote
shall be required at such meeting whether in person or by proxy.
4.4 Uniform Rate of Assessment. Special assessments must be fixed in an
equal amount for each Lot. All special assessments shall equally apply to all Lots, and
no special rate or reduction in assessment rate shall be allowed because any Lot is
unimproved or does not have a Dwelling Unit thereon.
4.5 Effective Nonpayment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest
from the due date at the rate of twelve percent (12%) per annum. The Association
may bring an action against the Owner personally obligated to pay the same, or
foreclose the lien against the Lot or Lots of the Owner.
4.6 Subordination to the Lien of Mortgage. The lien of 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, but the sale or transfer of any Lot
pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than
a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments
which have become due prior to such sale or transfer.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 5
ARTICLE 5: PROPERTY USE RESTRICTIONS
5.1 The following restrictions shall be applicable to Subject Property and shall
be for the benefit of and limitation upon all present and future Owners of Lots, or any
interest therein, and the Association, which is hereby empowered, in addition to each
Owner, to enforce the same:
(a) Each Lot shall be used only for single family residential purposes.
(b) Lot 1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 are
common areas and shall be owned and maintained by the Association.
(c) No lot may be further subdivided.
(d) No animals, livestock, birds, insect or poultry of any kind shall be
raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs
and/or cats or other small household pets which do not unreasonably bother or
constitute a nuisance to others may be kept, provided that they are not kept, bred or
maintained for any commercial purpose. Dogs and other similar pets shall be on a
leash when not confined to an owner's lot.
(e) All garbage, refuse and animal waste shall be properly and
promptly cleaned and stored and appropriately removed from each Lot so as to
prevent unsightliness, or unnecessary or unreasonable odors.
(f) No equipment, motor homes, trailers, boats, camper, recreational
vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding
automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such
items are fully screened or enclosed from view, or unless the ACC has otherwise
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 6
approved the location and/or screening of said items. No commercial vehicle, trucks
with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or
street, whether public or private, within the subdivision. No inoperable vehicles shall
be parked or stored in any public or private street, and all such vehicles shall be
parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit.
(g) No truck, truck camper, tent, garage, barn, shack or other
outbuilding or vehicle shall at any time be used as a residence or living place on any
part of subject property.
(h) No noxious, offensive or unsightly conditions shall be permitted
upon any part of any Lot, nor shall anything be done thereon which may be or become
an annoyance or a nuisance to the neighborhood.
(i) Any lease allowing occupancy or residence in any Dwelling Unit,
or use of any portion of any Lot within Subject Property, shall be subject in all
respects to this Declaration.
5.2. The owners have been made aware that the subject property has been
developed in an agricultural community and that there will be continue to be
agricultural uses of some of the surrounding properties. The agricultural uses of the
surrounding properties, including the use of agricultural machinery, burning and
chemical weed control and fertilization, and the raising of livestock, although restricted
from the subject property are not necessarily restricted from neighboring properties.
This provision specifically puts the owners on notice of such potential conditions.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 7
0
ARTICLE 6. BUILDING RESTRICTIONS
6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular
home, or other pre -built or premanufactured home shall be allowed on any Lot.
6.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on
any Lot containing a total floor area on all floors intended and suitable for use as living
area, not including a garage, of less than 1,500 square feet, measured from the
outside of the exterior walls, or with a ground floor area of less than 950 square feet.
In computing floor area, basement space or any floor with a finished elevation more
than three feet below the natural contour of the surrounding area shall not be
included. No Building shall exceed two and one-half stories or 28 feet in height unless
approved by the ACC. In granting or withholding such approval, the ACC shall
consider the adverse effect of height on other properties within the subdivision and
such other facts as may be reasonable. Each dwelling unit shall have an attached or
detached fully enclosed garage adequate for a minimum of two (2) standard size
automobiles. No carport shall be allowed.
6.3 Construction of Buildings. All construction work on Dwelling units shall
be diligently and continuously pursued, and shall be completed within nine (9) months
from the date construction started unless prevented by weather, acts of God, strikes,
material shortages, or other causes beyond the reasonable control of the Owner (not
including financial causes).
6.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may
be constructed only simultaneously with or after a Dwelling Unit has been constructed
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 8
on the Owner's Lot. All such buildings shall be constructed only after approval thereof
by the ACC. All outbuildings shall be constructed of similar or compatible exterior
materials with the Dwelling Unit so as to be aesthetically compatible therewith.
6.5 Fences. All lots shall have fencing, however, no fence or wall of any kind
shall be constructed on -a -Lot unless the plans and specifications therefore, including
the location, design, material and color thereof, have been approved in writing by the
ACC prior to the construction or installation. All fences and/or walls constructed on
a Lot shall be in compliance with the applicable ordinance of the City of Meridian,
Idaho.
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or installed
on any portion of a berm constructed by the Declarant in Los Alamitos Park
Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty
feet (201 nor project beyond the setback of the principal building on the Lot. No
fence higher than six feet (6') shall be allowed without the prior approval of the City
of Meridian (if required) and the ACC.
(c) All fences and walls shall be constructed and installed and
maintained in good appearance and condition at the expense of the owner of the Lot
on which they are located and all damaged fencing and walls shall be repaired or
replaced to original design, materials and color within a reasonable time after said
damage occurs.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 9
0 •
(d) No fence or wall shall interfere with the use and enjoyment of any
easement reserved in this Declaration of Covenants, Conditions and Restrictions or
shown on the recorded subdivision plat of the property.
(e) No fence, wall, hedge, high planting, obstruction or barrier shall
be allowed which would unreasonably interfere with the use and enjoyment of
neighboring Lots and streets, and shall not be allowed if the same constitute an
undesirable, noxious or nuisance effect upon neighboring Lots.
6.6 Landscaping. The following provisions shall govern the landscaping of
Lots within Los Alamitos Park Subdivision:
(a) The owner shall prepare a landscape plan and shall submit the
same to the ACC. The ACC shall approve in writing said landscape plan prior to the
installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be
in accordance with the approved plan.
(b) All required landscaping on a Lot shall be installed within thirty (30)
days after substantial completion of the Building on the Lot, with a reasonable
extension allowed for weather.
(c) The initial landscaping shall include, as a minimum, sod in the front
and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at
least two inch (2") caliper or one (1) pine tree of at least six feet (6') in height and one
(1) flowering tree of at least two inch (2") caliper in the front yard, three (3) -five (5)
gallon plants and five (5) -one (1) gallon shrubs in the front yard. The use of berms
and sculptured planting areas are encouraged.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 10
ARTICLE 7: ARCHITECTURAL CONTROL
7.1 Plans. No Dwelling Unit, building, fence, wall or other structure or
substantial landscaping or screening planting shall be undertaken, erected or
maintained upon any Lot, nor shall any exterior addition to or change or alteration
therein be made until plans and specifications showing the nature, kind, shape, height,
materials and location of the same shall have been submitted to and approved in
writing by the ACC.
7.2 Exterior Materials and Colors. All exterior materials and colors shall be
selected and used which are approved in writing by the ACC and which are
compatible with other Buildings on the Lot and on neighboring Lots to the end that all
such Buildings will present a unified and coordinated appearance. All exterior finishes
and/or colors shall be earthtone, including subtle blue and gray tones, as approved in
writing by the ACC. Each house shall include some brick, stone stucco or other
distinctive design features on the front exposure. No gravel roofs shall be permitted.
Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco
Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered
wood or driftwood color or as approved in writing by the ACC.
7.3 Vehicles. The use of all vehicles, including but not limited to
automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which
may prohibit or limit the use thereof within Los Alamitos Park Subdivision, provide
parking regulations and other rules regulating the same.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 11
7.4 Exterior Energy Devices. All energy production devices including, but not
limited to, generators of any kind and solar energy devices, shall not be constructed
or maintained on any Lot without the prior written approval of the ACC, except for
heat pumps or similar appliances shown on the plans approved by the ACC.
7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed
on any Lot without the prior written approval of the plans approved by the ACC.
7.6 aLM. No commercial billboard or advertising shall be displayed to the
public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent
or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale"
sign thereon. Signs advertising the name of the builder and the name of the institution
providing financing therefore may be displayed on a Lot during construction of the
Improvements. Lighted, moving or flashing signs for any purposes are prohibited.
Directional signs may be used to give directors to traffic or pedestrians or give special
instructions. Any directional or identification sign in Los Alamitos Park Subdivision
shall be permitted, provided the same is approved in writing by the ACC prior to
installation.
7.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event
of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC
Rules/ACC Standards relating to the planning, construction, alteration, modification,
removal or destruction of Improvements within the Property deemed necessary or
desirable by the Declarant, or the ACC, consistent with the provisions of this
Declaration.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 12
• •
7.8 Certification by Secretary. The secretary of the Association shall, upon
written request, certify that improvements upon any Lot comply with this Declaration
and have been duly approved by the ACC, or in the event said building or other
improvements do not so comply, specifying the extent of noncompliance.
ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE.
8.1 Members of the Committee. The Architectural Control Committee shall
be comprised of at least three (3) persons, all of whom shall be appointed as herein
provided. A member of the ACC shall hold office until he has resigned or has been
removed, but in any event, until said member's successor has been appointed.
Members of the ACC may be removed at any time, with or without cause.
8.2 Appointment. So long as the Declarant owns any lot or parcel within the
Property, the Declarant shall have the sole right to appoint and remove all members
of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the
Board.
The ACC shall have the right by a resolution in writing unanimously adopted,
to designate one (1) of its members to take any action or perform any duties for and
on behalf of the ACC. In the absence of such designation, the vote of any two (2)
members of the ACC shall constitute an act of the ACC.
8.3 Approval Required. No construction, alteration, modification, removal or
destruction of any Improvements of any nature whatsoever, whether real or personal
in nature, shall be initiated or be permitted to continue or exist within Los Alamitos
Park Subdivision without the prior express written approval of the ACC.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 13
8.4 Variances. The ACC may authorize variances from compliance with
requirements of any conditions and restrictions contained in this Declaration, the ACC
Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC,
circumstances such as topography, natural obstructions, aesthetics or environmental
considerations or hardship may so require. Such variance must be evidenced in
writing signed by at least two (2) members of the ACC.
If a variance is granted as provided herein, no violation of this Declaration, ACC
Rules/ACC Standards or prior approval shall be deemed to have occurred with respect
to the matter for which the variance was granted. The granting of such a variance
shall not operate to waive any of the terms and provisions of this Declaration or the
ACC Rules/ACC Standards for any purpose except as to the particular subject matter
of the variance thereof and the specific Lot covered thereby.
The ACC shall have the right to consider and grant a variance as herein
provided either with or without notice to other Owners or a hearing of Owners
thereon.
The granting of a variance by the ACC pursuant to this Section shall not relieve
the Owner from the obligation to fully comply with applicable ordinances of the City
of Meridian, Idaho.
8.5 Aoolication. To request ACC approval for the construction, alteration,
modification, removal or demolition of any improvements within the property, the
owner shall submit a written application in a form required by the ACC which must be
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 14
0
•
signed by the Owner and contain all information requested and be accompanied by all
other material to be submitted as hereafter provided.
All applications must contain, or have submitted therewith, the following
material (collectively called "Plans and Specifications") prepared in accordance with
acceptable architectural standards and submitted with the application form, if any,
approved by the ACC:
(a) Site Plan. A site plan showing the location of the Building(s) and
all other structure and improvements including fences and walls on the Lot, Lot
drainage and all set backs, curb cuts, driveways, parking areas and other pertinent
information relating to the improvements.
(b) Building Plan. A building plan which shall consist of preliminary
or final blueprints, elevation drawings of the north, south, east and west sides, and
detailed exterior specifications which shall include, by sample if required by the ACC,
all exterior colors, materials and finishes, including roof, to be used.
(c) Landscape Plan. A landscape plan for portions of the Lot to be
landscaped which shall show the location, type and size of trees, plants, ground
cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences,
freestanding exterior lights, driveways, parking areas and walkways.
The ACC may, in its discretion, require the Owner to furnish additional materials
and the materials submitted therewith and in reaching a decision thereon, the ACC
shall use its best efforts and judgment to assure that all improvements shall produce
and contribute to an orderly and aesthetically complementary design and appearance
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 15
•
•
and be of the quality required to maintain Los Alamitos Park Subdivision as a quality
residential development.
The ACC shall promptly review and approve or disapprove in writing all
submitted plans, and if plans have not been disapproved within thirty (30) days after
they have been submitted in writing to the president of the Association or any member
of the ACC, such plans shall be deemed approved.
ARTICLE 9: GENERAL PROVISION.
9.1 Enforcement. The Association, any Owner, or any First mortgagee shall
have the right to enforce, by proceedings of law or in equity, the terms and provisions
of this Declaration. Failure by the Association or any Owner to enforce any covenant
or restriction contained herein shall in no event be deemed a waiver of the right to do
so thereafter.
9.2 Severability. Invalidation of any one of these covenants or restrictions
shall in no way affect other provisions which shall remain in full force or effect.
9.3 Term. This Declaration shall run with the land and shall inure to the
benefit of and be enforceable by the Association, the Owner of any Lot, and any First
Mortgagee as provided herein, and their respective legal representatives, heirs,
successors, grantees, and assigns, for a term of forty (40) years from the date of this
Declaration.
9.4 Amendments. Except as otherwise provided herein, any of the covenants
and restrictions of this Declaration, except the easements herein granted for utilities
and water distribution facilities, may be amended by an instrument signed by members
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 16
entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the
membership. Any amendment must be recorded.
IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date
and year first above written.
FARWEST DEVELOPERS, INC.
By
MARTY GOLDSMITH, President
STATE OF IDAHO )
ss.
County of Ada )
On this day of April, 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared MARTY GOLDSMITH, known and identified
to me to be the President of the corporation that executed the instrument or the
person who executed the instrument on behalf of said corporation, and acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idaho
(SEAL) Residing at , Idaho
Commission expires:
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 17
1:11:
PAR�EL �
The north Iia1P aP the Northwest Quarter of the Southwest
nuarter and tNohe North Half of the northeast �,�uarof
the southwest Quarters section 2o, Township ticlr.11,
Rana.=_ 1 .past of the Boise Meridian, EXCEPT MO follO' IDI-
describad tract:
Begitining at the 24orthwesh corner of LIIQ soutllw-st
,ast Of
Quarter of SAcf 1.on 20, Township 3 Horth thence IS'outit 15
the Poise Dieridian,1thenc.ra East 16 rods,
rads l thence West 16 rods; j-Plortlt 15 rode to the
place of btiginning•
th all water and stater rj yt�en
Together wir gntlttiisrPto,
ditch rights used thereon ot: aP1
includiltq but not limited to wafer ar,�i ditch rights t1:1;tto
o
the tialnpa-meridian irrigation District; al�:n Li�hi.t; t
haste Water.
+•�lt;aay�,.
SUBJECT TO ex1st;i:lg easenents for reads, rtr
SUBJECT
ditches, carats, laterals and pOWa enc? tri=nsmi5sion
lines.
��C-�
Beginning at the south*dpst 1,116 corner an the Best side
Wit; lsoi s2
of SsctjU11 20, TgNnship 3 tlarth, Aat1c#e
Meridian, which 1 116 col±ner is t•t(�rth 1327.9 fret fro,n tha
Satrth4est corner of ga id Section
nt tilt;enc� NOrtilp69ci7' 8dmt
north 663.7 feet to P ttlnllce forth
2+267.0 feet to the Real Point of Ber4jnni1nj; thence South
09°171 EaGt_ 347.8 feet to -A steel, Pill;
theme tiort►l
39'36' 11,-st 174.2 feet to a -eel P ill; ttl0j-,Ci'— ticrth
72°A1 -1f 2' Vest 1,79.9 feet to a step
te .1 p Faal �'oir11- or
40022-1121 Mast 100.1 feet to
Beginning.
The above tract contains 0.641 acres.
i at the Southvest 1116 corner on the West Aide
gegi_hn..nq Boise
of section 201 TownaltLp 3 North, Range 1 Facet,
Meridian, which 1/16 corner is 14orth ]317.9 feet from tl►a
S�authW+�et corner of Section 20
thence con t i11tt ille4 }forth
663.7 feet to a point~; thence �Iortl.thence,!•forth t39 EaSt *17�
feet to the Real Point of Beyinnin9
East 1.47x.2 feet to a point; thence Sb,Ath 40422,3011 East
100.1 feet to a }point; Clience South 720421-30" Fast 179.9
Feet to a point; thence South 33 ° 561 30" Nest 86.2 feetto
' Wost 1544.9 feet Lo a paint;
a points
thence SVtttil 89°17
thence North 299461 West 232.9 feet to file Real Potnt u
Baginning-
The above tract contains .1.206 acres.
EXHIBIT "A" = Page 1
SUB7F.�T0 ii 50 -foot permanent eas st for ingress Alld
egress along the entire west; stde o e above-described
property, and together with a 5o foot permanent easeu,ent
for ingress and egress along the entire Horth aside of the
following daggribed rwo tracts:
Ili Apr, COMITY, ST&TE OF IDA1t0:
Beginning at the Southwest 1/16 corner on the West side
of section 20, Township 3 Narth, Range I East, DOise
rom the
Meridian, Which 1/1t: corner is said Secticnt2013thence eC rtinuing
southwest corner of
}.forth 663.1 feet tc a point; thence north gy°17' East
242.8 feet to the Real Poit►t Of Beginninyll nce thenceSouth29°4tl1
t39°17 0 Ea -t, 552.1 feet to a pttienC4 South 1�9b221 Wcat:,
East, 210.4 feet' tri a point;
666.55 feet to a point; thence North 2ou.3 feet to the
Real Point of Beginn"19.
The above described tract contalixs 2.810 acres.
TU ADA COMITY, STATE OF IDAHO:
Beginning at the SouthwQst 1116 corner on t:liA l?r_St side
of Section 20, Township 3 t�oxt;i, It�nge 1 _eettfrop?ri
re
meri,3ian, which 1116 corner i.s l;crth 1377,9
South�te5t corner eP said Sectiatt i dei ofhSaid Section g
Vortti 463.7 feet along the'rtes" (} f90G �U ,1 si_eel
to a point) thence A�ort3l B9-4221 n East thence
2tnr� 1S 89 °22'
pin, the Real point or Reg
East 217.8 feet to a point; then'=e }lorth 2oo.3 to a
point; thance sot:th 8922' Wast, 217,h feet, to 8 l�niltt;
thence South 'oQ.o ieet iv the real roint of Bsri1l"'9.
Containing 1 acre, =acre or less.
P�CEID t
�rcel 13 a port; on of the [uut:h Half r)f t:la► Borth
This p. 'Vownsh i l 3
.alp of the Southwest Quarter of Section 2t],
1
ltorth, Ran! e 1 East Of at1le Boise
meridian and is ),tore
particuia y
C13,`dt�iFt;GY21G at the Southwest corner of said South
alf Of
the Uorth 11aif of the South4res
t Quarter;
8go49134i1 East along the ;South boundary of. said South
half of the North Half of Lhe Southwest Quarter a
distance
of 1272.85 t t! ran Ca north 40*4410B)f West- a
distance of 763.20 fast
distance of 140.0 480 f eeeti thenceence South ortD �8g°57 aus" East
distaitcp of 183
parallel with the
the North
So o West Quarter aUdl.tataace ofthe North Half
114.38 feet to the TP.UE POINT OF BEGINNING,
Thence continuing south 89°57'0&" East parallel
ia�ESoutl
North boundary a d�gtanca of 112.00 feet;
34°421x21 {fest a distance of 22.00 feet; hience North
39°11,22" ;fest at distance of 13.41 feat;
dist?nab"I with said
of 1409.26 feet; thence North 29 Norit00*08;'ctweat a
distance
EXHIBIT "A" - Page 2
r
stance oL 18.75 feet to tha TAUS 0I or leSSOF ��'zN��iNG.
is parcel contains 0.534 acres,
Tortether with all Water rights, ditch rights, rights of
way, tenetasnts,
hereditaments and appurtenames theveto
belonging or used in connection therewith.
ated
EXCL[iDIt:G . THEktEthe FRoximately oa eblacrerouna,
residencett or gocmore
thereon and app
paxticulari,y described as follows, to -wit:
r of
A portion of the Horth Half of the tSouthwest �axtaoise
section 20, Township 3 Northr
ase tion more particularly dcooribed as ioLlctis=
at the Svest 1116 corner
Beginning of the gest aide
3 rtortr, Kaylee 1 Eas
To�rtnship t, He �5c
of Section 2Q, 16 corner i� North 1327.9 feet trcm this
Meridian, which 1/16 thenom continuiisu
southwact cornAr cf said Section ?d
North Ss3.7 feet a1ct11 the 14amt side of said section p0
to a point, thanca North 29°il' East thence Noret th fjH9'e 7'
Pin, the REAL Voll -r OF ULG IT111thence, Iloith 240 A feet to 2t
Fast 217.3 Leet: to a point; A+- to a going {hence South
point; thence Wear 217.8 feet
200.0 feet to the VEAL POINT O BEuIAltaltvl;.
EXHIBIT "A" - Page.3 �.
AMENDMENT OF THE DECLARATION OF
COVENANTS, CONDITIONS AND
RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION
THIS AMENDMENT is made as of the day of , 1995, to the
Declaration of Covenants, Conditions and Restrictions of Los Alamitos Park
Subdivision, Instrument No. of the Ada County Recorder's Office by
Farwest Developers, Inc. the "Declarant" therein.
RECITALS:
A. Declarant is the owner of certain real property in Ada County, State of
Idaho, more particularly described as follows:
See attached Exhibit "A"
The above described parcel of real property is hereinafter referred to as the
"Annexed Property."
B. Pursuant to Article 10 Annexation of the referenced Declaration, Declarant
desires to impose upon the Annexed Property, the rights, privileges, restrictions,
covenants and easements provided for in the Declaration.
ARTICLE 1: ANNEXED PROPERTY.
1.1 Annexed Property. The Declarant hereby imposes upon the Annexed
Property all easements, conditions, covenants, restrictions and reservations as set
forth in the Declaration, and the same shall run with the Annexed Property and be
binding upon all parties now or hereafter having right, title or interest therein or to any
part thereof.
1.2 Common Area. The following Lots of the Annexed Property shall be
additional common area pursuant to the terms and conditions of the Declaration:
Lot 19, Block 2; Lot 25, Block 2; Lot 9, Block 3; Lot 19,
Block 3; Lot 69, Block 3.
AMENDMENT OF THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 1
.1
1.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on
any Lot containing a total floor area on all floors intended and suitable for use as living
area, not including a garage, of less than 1,400 square feet measured from the outside
of the exterior walls, or with a ground floor area of less than 950 square feet. In
computing floor area, basement space or any floor with a finished elevation more than
three feet below the natural contour of the surrounding area shall not be included. No
Building shall exceed two and one-half stories or 28 feet in height unless approved by
the ACC. In granting or withholding such approval, the ACC shall consider the
adverse effect of height on other properties within the subdivision and such other
facts as may be reasonable. Each dwelling unit shall have an attached or detached
fully enclosed garage adequate for a minimum of two (2) standard size automobiles.
No carport shall be allowed.
IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date
and year first above written.
FARWEST DEVELOPERS, INC.
By
MARTY GOLDSMITH, President
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 1995, before me, the undersigned, a Notary
Public in and for said State, personally appeared Marty Goldsmith, known and
identified to me to be the President of the corporation that executed the instrument
or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at
Commission expires:_
AMENDMENT OF THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 2
Idaho
•
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION
THIS DECLARATION is made as of the day of , 1995, by
FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant."
RECITALS:
A. Declarant Farwest Developers, Inc. is the owner of certain real property in
Ada County, State of Idaho, more particularly described as follows:
Lot 1, Block 1; Lots 1 through 18 inclusive, Block 2; Lots
1 through 8 inclusive, Block 3; Los Alamitos Park
Subdivision No. 1 according to the official plat thereof in
file and of record in the office of the Recorder of Ada
County.
The above described parcel of real property is hereinafter referred to as the
"Subject Property."
B. Declarant desires to impose upon Subject Property certain protective
covenants, conditions, restrictions, reservations, easements, liens and charges for the
benefit of Subject Property and all present and subsequent owners thereof, and all
conveyances of Subject property or any part thereof shall be subject to this
Declaration;
NOW, THEREFORE, Declarant hereby imposes upon Subject Property the
following easements, conditions, covenants, restrictions and reservations which shall
run with Subject Property and be binding upon all parties now or hereafter having any
right, title or interest therein or to any part thereof, and shall inure to the benefit of
each owner thereof.
ARTICLE 1: DEFINITIONS.
The following terms shall have the following meanings:
1.1 "Association" shall mean and refer to Los Alamitos Park Subdivision
Homeowners' Association, Inc., a nonprofit corporation organized under the laws of
the State of Idaho, its successors and assigns.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 1
1
1.2 "Property" shall mean the property defined as Subject Property in the
recitals above, and shall further mean and refer to such additional real property as may
hereafter be made subject to this Declaration by Supplemental Declaration pursuant
to the provisions hereof for annexation of additional parcels of real property.
1.3 "Lot(s)" shall mean and refer to the plots or tracts of land comprising the
Property, designated by lot numbers on the plat, or any resubdivision thereby except
the Common Area.
1.4 "Owner" shall mean and refer to the record owner of fee simple title to
any Lot, excluding those record owners having title merely for security for the
performance of an obligation.
1.5 "Declaration" shall mean this Declaration.
1.6 "Dwelling Unit" shall mean that portion or part of any structure intended
to be occupied as a single-family residence, together with the vehicular parking garage
next to such dwelling unit and all projections therefrom.
1.7 "Common Area" shall mean and refer to Lot 1, Block 1; Lot 1, Block 3;
and Lot 8, Block 3 of Los Alamitos Park Subdivision No. 1 and to any lot or parcel
designated as Common Area in a Supplemental Declaration subjecting additional real
property to this Declaration.
1.8 "Common Facilities" shall mean and refer to those physical improvements
constructed by Declarant upon Common Area or upon the utility easement over each
Lot including, without limitation, bridges, walkways, drainage facilities, and the
irrigation water system.
1.9 "Annexed Property" shall mean and refer to any real property made
subject to this Declaration by Supplemental Declaration pursuant to the provisions
hereof for the annexation of additional parcels of real property.
1.10 "Mortgage" shall mean any mortgage, deed of trust, land sale contract
or other security instrument by which a Lot is encumbered.
1.11 "Mortgagee" shall mean any person or the successor to any person
named as the mortgagee, beneficiary, seller or creditor under a Mortgage.
1.12 "First Mortgage" shall mean any Mortgage possessing or holding a lien
on a Lot or any part thereof prior to any other Mortgage.
1.13 "First Mortgagee" means Mortgagee who holds a First Mortgage.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 2
_0
1.14 "Building" includes any Dwelling Unit, house, garage, or any other
partially or fully enclosed building, shed or other structure, consisting of one or more
walls or roof. A building includes barns, sheds, animal enclosures which have a partial
or full roof impervious to water in whole or in part, and similar structures.
1.15 "Nonconforming Building" includes any building legally existing and/or
used as of the date of this Declaration which does not conform with the building
restrictions set forth in Article 6 of this Declaration.
1.16 "Plat" shall mean and refer to that certain plat of Los Alamitos Park
Subdivision to be recorded in the Ada County Recorder's office, which plat covers and
subdivides all of Subject Property.
1.17 "ACC' shall mean the Architectural Control Committee.
ARTICLE 2: HOMEOWNERS ASSOCIATION
2.1 Formation. It is contemplated that simultaneously with the execution and
recordation of this Declaration, the Association will be incorporated and will adopt By -
Laws for its governance. To the extent the Articles of Incorporation or By -Laws of the
Association by conflict with the provisions of this Declaration, the provisions of this
Declaration shall control.
2.2 Membership. Each Owner shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any
Lot. Ownership shall be the sole qualification for membership and shall automatically
commence when a person becomes such Owner and shall automatically terminate
when such ownership is conveyed or transferred. There shall be only one membership
for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written
instrument filed with the Association, designate the individual entitled to exercise the
privileges of Membership.
2.3 Classes of Voting Members. The Association shall have two classes of
voting membership; however, all votes shall be equal and counted as such, except
where voting by separate classes may otherwise be provided in the Articles and By -
Laws of the Association or this Declaration.
(a) Class A members shall be Owners with the exception of the
Declarant (during the period when the Declarant is a Class B member). Each Class A
member shall be entitled to one vote for each Lot owned. If there are multiple owners
of a Lot, the owners shall designate the individual entitled to exercise the voting
privileges of membership and in no event shall more than one vote be cast with
respect to any Lot.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 3
(b) The sole Class B member shall be the Declarant, who shall be
entitled to three votes for each Lot owned. Class B membership shall cease and be
converted automatically to Class A membership (one Class A membership for each Lot
owned) upon the earlier of:
(i) When the total votes outstanding in the Class A
membership equals or exceeds the total votes outstanding
in the Class B membership; or
(ii) January 1, 2000.
ARTICLE 3: RIGHTS RESERVED BY DECLARANT
3.1 Notwithstanding anything to the contrary contained in this Declaration,
Declarant expressly reserves unto:
(a) Itself, its successors and representatives, contractors and their
subcontractors easements and rights-of-way on, over and across all or any part of the
streets for vehicular and pedestrian ingress and egress to and from any part of the
Property, or any adjacent real property owned by Declarant, or its successors or
assigns;
(b) Itself, its successors and representatives, contractors and their
subcontractors (including any district, company, unit of local government, association
or other entity providing water, sewer, gas, oil, electricity, telephone, cable television,
or other similar services), easements, access and rights-of-way on, over, under and
across all or part of the Common Area and utility easements on, over and under all
Lots and Common Area as provided on any recorded subdivision plat of the Property
for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water
wells, facilities, and other things necessary for all such services, provided that any
installation, maintenance or repair of such lines, wires or pipes shall be performed with
reasonable care and that the surface of said easement area shall be restored to the
level and condition that existed prior to the doing of work; and
(c) Itself, its agents and successors, all water and water rights over,
upon or under or appurtenant to the Property, or any portion thereof, and a
nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the
Common Area adjacent to the right-of-way for construction of a pressurized pipe
irrigation system will be conveyed to and operated by the Nampa -Meridian Irrigation
District. Groundwater appropriated for the domestic water system will be owned by
the City of Meridian.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 4
ARTICLE 4: MAINTENANCE.
4.1 Responsibilities. Among its other responsibilities, the Association shall
maintain all Common Areas and those Common Facilities dedicated to it and all
landscaping, fencing, surfaces, bridges, and other improvements thereon and
easements therefore.
4.2 Private Property. The Association shall also be responsible for the
maintenance of any perimeter fencing of the property including the back Lot wrought
iron fencing of those Lots that are contiguous to the Nine Mile Drain or other
established irrigation and/or drainage ditches. The Association shall also maintain the
portion of the property that lies outside of such perimeter fencing or between the back
Lot fencing even though such portions of property may be part of individual Lots.
4.3 Management. The Association may employ the services of a manager
and other personnel to carry out the management of the Association's maintenance
responsibilities.
ARTICLE 5: ASSESSMENTS
5..1 Creation of Lien and Personal Obligation of Assessments.
Each Owner, by acceptance of the deed therefore (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay:
(a) To the Association, regular annual or other regular periodic
assessments or charges;
(b) To the Association, special assessments for capital improvements,
such special assessments to be fixed, established and collected from time to time as
hereinafter provided; and
The regular and special assessments, together with interest thereon and costs
of collection and reasonable attorney 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 fees,
shall also be the personal obligation of the Owner at the time when the assessment
fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall
not be a personal obligation of successors -in -title, unless expressly assumed.
5.2 Purpose of Assessments. The assessments levied by the Association or
the Declarant shall be used exclusively for the purpose of promoting the recreation,
health, safety and welfare of the residents of Property and to carry out the objectives
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 5
_0
and responsibilities of the Association, and in particular for the improvements and
maintenance of any Common Area, Common Facilities and all improvements
constructed thereon, the services and facilities devoted to this purpose and related to
the use and enjoyment of the Common Area and Common Facilities, and including
without being limited thereto, the payment of taxes and insurance on all or any part
of said property and Nampa Meridian Irrigation District assessments.
5.3 Assessment Limitations. Until January 1 of the year immediately
following the conveyance of the first dwelling lot to any owner, the maximum regular
annual assessment shall not exceed $240.00 for each lot subject thereto. Thereafter,
the maximum annual assessment may be increased each year not more than five
percent (5%) above the maximum assessment for the previous year without a vote of
the membership. In order to increase the assessment by more than 5% for any given
year, there must be a vote of two-thirds of the members affirming any such increase
at a meeting duly called for this purpose. The Board of Directors of the Association
may fix the annual assessment at any amount equal to or less than the maximum.
5.4 Billing for Annual Assessment. The annual assessment may be billed on
a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in
advance.
5.5 Special Assessments. In addition to the regular assessments, 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 or reconstruction, unexpected repair or replacement of a described capital
improvement upon the Common Area and Common Facilities including the necessary
fixtures and personal property related thereto, provided the assent of a two-thirds
majority of the votes represented by those members who are voting in person or by
proxy at the meeting duly called for this purpose is obtained.
5.6 Notice and Quorum for Special Assessment. Written notice of any
meeting called for the purpose of making a special assessment shall be sent to all
Association members not less than twenty (20) days in advance of such meeting.
Such notice shall specifically indicate that a special assessment is to be considered at
such meeting. A quorum of not less than a one-third majority of the members entitled
to vote shall be required at such meeting whether in person or by proxy.
5.7 Uniform Rate of Assessment. Special assessments must be fixed in an
equal amount for each Lot. All special assessments shall equally apply to all Lots, and
no special rate or reduction in assessment rate shall be allowed because any Lot is
unimproved or does not have a Dwelling Unit thereon.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 6
5.8 Effective Nonpayment of Assessments; Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest
from the due date at the rate of twelve percent (12%) per annum. The Association
may bring an action against the Owner personally obligated to pay the same, or
foreclose the lien against the Lot or Lots of the Owner.
5.9 Subordination to the Lien of Mortoaae. The lien of 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, but the sale or transfer of any Lot
pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than
a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments
which have become due prior to such sale or transfer.
5.10 Enforcement of Common Area Maintenance. Notwithstanding that the
Association is obligated to maintain the Common Areas and Common Facilities
contained therein as defined herein and within the Articles of Incorporation of the
Association, it is hereby provided that Meridian City and/or the Ada County Highway
District ("ACHD") and/or the Nampa Meridian Irrigation District (NMID) may elect to
maintain any part or facility of the Common Areas defined herein should the
Association or the Declarant fail to maintain the same. In the event that Meridian City
and/or ACHD determines, in its sole discretion, that the Association is not adequately
maintaining the defined Common Areas or Common Facilities, Meridian City, ACHD
and/or NMID shall, before undertaking maintenance of said Common Areas, provide
written notice of its and/or their intention to begin maintenance of the defined
Common Areas or Common Facilities within a thirty (30) day period, within which time
frame the Association may undertake to initiate and conclude all maintenance defects
as identified by Meridian City, ACHD and/or NMID. In the event that the Association
shall fail to commence and conclude maintenance of the defined Common Areas or
Common Facilities. Meridian City, ACHD and/or NMID are hereby granted an
irrevocable license and easement to enter upon any portion of the Common Areas to
perform inspection and maintenance. Should Meridian City, ACHD and/or NMID
engage in maintenance of the defined Common Areas or Common Facilities after
having provided notice to the Association and having provided notice to the
Association and having provided the Association an opportunity to undertake said
maintenance, the Meridian City, ACHD and/or NMID shall be entitled to and
empowered to file a ratable lien against all lots within Los Alamitos Park Subdivision
with power of sale as to each and every lot to secure payment of any and all
assessments levied against any and all lots in Los Alamitos Park Subdivision pursuant
to this Declaration, together with interest at the rate which accrues on judgments and
all costs of collection which may be paid or incurred by Meridian City, ACHD and/or
NMID in connection therewith. Meridian City, ACHD and/or NMID may exercise their
rights under Idaho Code by assessing the lot owners and certifying those assessments
in the same manner as real property tax. This section shall not be amended without
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 7
-1
prior written approval from Meridian City, ACHD and/or NMID. The Association shall
not be dissolved or relieved of its responsibility to maintain the defined Common Areas
and Common Facilities contained therein without the prior written approval from
Meridian City, ACHD and/or NMID. The Association and all lots owners, by accepting
title to a lot, agree that all lot owners within Los Alamitos Park Subdivision are
benefitted property owners for purposes of this section.
5.11 Until the Association has conducted its first meeting, the Declarant shall
have the full power and authority to exercise all of the rights, duties and functions of
the Association. Each Owner who purchases a Lot from the Declarant shall pay to the
Declarant, at closing, an initial deposit and any prorated portion of assessments,
established by the Declarant, prior to the Association's first meeting. The Declarant
shall have the exclusive use of such funds for the purpose of discharging the duties
and obligations of the Association in accordance with this Declaration. The
Association shall, upon its first meeting, initiate assessments in accordance with this
Article 5, without regard to or an accounting of the initial deposits or other
assessments previously paid to the Declarant.
ARTICLE 6: PROPERTY USE RESTRICTIONS
6.1 The following restrictions shall be applicable to Subject Property and shall
be for the benefit of and limitation upon all present and future Owners of Lots, or any
interest therein, and the Association, which is hereby empowered, in addition to each
Owner, to enforce the same:
(a) Each Lot shall be used only for single family residential purposes,
subject to the provisions as to Common Areas and Common Facilities and facilities
used in common including schools.
(b) No lot may be further subdivided.
(c) No animals, livestock, birds, insect or poultry of any kind shall be
raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs
and/or cats or other small household pets which do not unreasonably bother or
constitute a nuisance to others may be kept, provided that they are not kept, bred or
maintained for any commercial purpose. Dogs and other similar pets shall be on a
leash when not confined to an owner's lot.
(d) All garbage, refuse and animal waste shall be properly and
promptly cleaned and stored and appropriately removed from each Lot so as to
prevent unsightliness, or unnecessary or unreasonable odors.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 8
0 1 •
(e) No equipment, motor homes, trailers, boats, camper, recreational
vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding
automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such
items are fully screened or enclosed from view, or unless the ACC has otherwise
approved the location and/or screening of said items. No commercial vehicle, trucks
with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or
street, whether public or private, within the subdivision. No inoperable vehicles shall
be parked or stored in any public or private street, and all such vehicles shall be
parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit.
(f) No truck, truck camper, tent, garage, barn, shack or other
outbuilding or vehicle shall at any time be used as a residence or living place on any
part of subject property.
(g) No noxious, offensive or unsightly conditions shall be permitted
upon any part of any Lot, nor shall anything be done thereon which may be or become
an annoyance or a nuisance to the neighborhood.
(h) Any lease allowing occupancy or residence in any Dwelling Unit,
or use of any portion of any Lot within Subject Property, shall be subject in all
respects to this Declaration.
6.2 The owners have been made aware that the subject property has been
developed in an agricultural community and that there will be continue to be
agricultural uses of some of the surrounding properties. The agricultural uses of the
surrounding properties, including the use of agricultural machinery, burning and
chemical weed control and fertilization, and the raising of livestock, although restricted
from the subject property are not necessarily restricted from neighboring properties.
This provision specifically puts the owners on notice of such potential conditions.
ARTICLE 7. BUILDING RESTRICTIONS
7.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular
home, or other pre -built or premanufactured home shall be allowed on any Lot.
7.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on
any Lot containing a total floor area on all floors intended and suitable for use as living
area, not including a garage, of less than 1,500 square feet measured from the outside
of the exterior walls, or with a ground floor area of less than 950 square feet. In
computing floor area, basement space or any floor with a finished elevation more than
three feet below the natural contour of the surrounding area shall not be included. No
Building shall exceed two and one-half stories or 28 feet in height unless approved by
the ACC. In granting or withholding such approval, the ACC shall consider the
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 9
adverse effect of height on other properties within the subdivision and such other
facts as may be reasonable. Each dwelling unit shall have an attached or detached
fully enclosed garage adequate for a minimum of two (2) standard size automobiles.
No carport shall be allowed.
7.3 Construction of Buildings. All construction work on Dwelling units shall
be diligently and continuously pursued, and shall be completed within nine (9) months
from the date construction started unless prevented by weather, acts of God, strikes,
material shortages, or other causes beyond the reasonable control of the Owner (not
including financial causes).
7.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may
be constructed only simultaneously with or after a Dwelling Unit has been constructed
on the Owner's Lot. All such buildings shall be constructed only after written approval
thereof by the ACC. All outbuildings shall be constructed of similar or compatible
exterior materials with the Dwelling Unit so as to be aesthetically compatible
therewith.
7.5 Fences. All Lots shall have an enclosed cedar -fenced backyard, however,
no fence or wall of any kind shall be constructed on a Lot unless the plans and
specifications therefore, including the location, design, material and color thereof, have
been approved in writing by the ACC prior to the construction or installation. All
fences and/or walls constructed on a Lot shall be in compliance with the applicable
ordinance of the City of Meridian, Idaho.
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or installed
on any portion of a berm constructed by the Declarant in Los Alamitos Park
Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty
feet (20') nor project beyond the setback of the principal building on the Lot. No
fence higher than six feet (6') shall be allowed without the prior written approval of
the City of Meridian (if required) and the ACC.
(c) All fences and walls shall be constructed and installed and
maintained in good appearance and condition at the expense of the owner of the Lot
on which they are located and all damaged fencing and walls shall be repaired or
replaced to original design, materials and color within a reasonable time after said
damage occurs.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 10
(d) No fence or wall shall interfere with the use and enjoyment of any
easement reserved in this Declaration of Covenants, Conditions and Restrictions or
shown on the recorded subdivision plat of the property.
(e) No fence, wall, hedge, high planting, obstruction or barrier shall
be allowed which would unreasonably interfere with the use and enjoyment of
neighboring Lots and streets, and shall not be allowed if the same constitute an
undesirable, noxious or nuisance effect upon neighboring Lots.
(f) All fences constructed or to be constructed on common Lot lines
shall be constructed and maintained at the equal expense of the owners of the two
Lots on which they are located.
7.6 Landscaping. The following provisions shall govern the landscaping of
Lots within Los Alamitos Park Subdivision:
(a) The owner shall prepare a landscape plan and shall submit the
same to the ACC. The ACC shall approve said landscape plan prior to the installation
and/or construction of landscaping on a Lot. Landscaping of a lot shall be in
accordance with the approved plan.
(b) All required landscaping on a Lot shall be installed within thirty (30)
days after substantial completion of the Building on the Lot, with a reasonable
extension allowed for weather.
(c) The initial landscaping shall include, as a minimum, sod in the front
and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at
least three inch (3") caliper or one (1) pine tree of at least ten feet (10') in height and
one (1) flowering tree of at least three inch (3") caliper in the front yard, two (2) -ten
(10) gallon plants, five (5) -five (5) gallon plants and five (5) -two gallon shrubs in the
front yard. The use of berms and sculptured planting areas are encouraged.
(d) The five (5) foot wide landscape area between sidewalk and curb
of each lot shall be landscaped with sod and two (2) trees of four inch W') caliper or
greater and each such tree shall have a flowering planter ring at its base. These trees
and flower rings shall be installed within thirty (30) days of substantial completion of
the dwelling. Maintenance of this landscaped strip shall be the responsibility of the
owner unless it is assumed by the Homeowner's Association.
ARTICLE 8: ARCHITECTURAL CONTROL
8.1 Plans. No Dwelling Unit, building, fence, wall or other structure or
substantial landscaping or screening planting shall be undertaken, erected or
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 11
maintained upon any Lot, nor shall any exterior addition to or change or alteration
therein be made until plans and specifications showing the nature, kind, shape, height,
materials and location of the same shall have been submitted to and approved in
writing by the ACC.
8.2 Exterior Materials and Colors. All exterior materials and colors shall be
selected and used which are approved by the ACC and which are compatible with
other Buildings on the Lot and on neighboring Lots to the end that all such Buildings
will present a unified and coordinated appearance. All exterior finishes and/or colors
shall be earthtone, including subtle blue and gray tones, as approved in writing by the
ACC. Each house shall include some brick, stone stucco or other distinctive design
features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a
minimum of 5/12 pitch with either cedar shake shingles or Celotex Dimensional Series
25 year (or better) dimensional asphalt shingles, weathered wood or driftwood color.
8.3 Vehicles. The use of all vehicles, including but not limited to
automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which
may prohibit or limit the use thereof within Los Alamitos Park Subdivision, provide
parking regulations and other rules regulating the same.
8.4 Exterior Energy Devices. All energy production devices including, but not
limited to, generators of any kind and solar energy devices, shall not be constructed
or maintained on any Lot without the prior written approval of the ACC, except for
heat pumps or similar appliances shown on the plans approved by the ACC.
8.5 Mailboxes. No free-standing mailboxes shall be constructed or installed
on any Lot without the prior written approval of the plans approved by the ACC.
8.6 Signs. No commercial billboard or advertising shall be displayed to the
public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent
or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale"
sign thereon. Signs advertising the name of the builder and the name of the institution
providing financing therefore may be displayed on a Lot during construction of the
Improvements. Lighted, moving or flashing signs for any purposes are prohibited.
Directional signs may be used to give directors to traffic or pedestrians or give special
instructions. Any directional or identification sign in Los Alamitos Park Subdivision
shall be permitted, provided the same is approved by the ACC prior to installation.
8.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event
of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC
Rules/ACC Standards relating to the planning, construction, alteration, modification,
removal or destruction of Improvements within the Property deemed necessary or
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 12
1
desirable by the Declarant, or the ACC, consistent with the provisions of this
Declaration.
8.8 Certification by Secretary. The secretary of the Association shall, upon
written request, certify that improvements upon any Lot comply with this Declaration
and have been duly approved by the ACC, or in the event said building or other
improvements do not so comply, specifying the extent of noncompliance.
8.9 Interpretation and Enforcement. The ACC shall have the authority to
interpret and enforce any or all restrictions and covenants of Article 8 of this
Declaration of Covenants, conditions and Restrictions. The ACC shall have the
authority to pursue whatever action or litigation required to cause any Owner to
remove and replace any element that ACC interprets as deficient or outside of the
standards established by Section 8 of this Declaration of Covenants, Conditions and
Restrictions. This right of enforcement can include the ACC hiring any or all of such
work to be done and encumbering the lot on which said work takes place for the full
amount of the cost of said work plus any other costs ACC may incur in such
enforcement.
ARTICLE 9: ARCHITECTURAL CONTROL COMMITTEE.
9.1 Members of the Committee. The Architectural Control Committee shall
be comprised of at least three (3) persons, all of whom shall be appointed as herein
provided. A member of the ACC shall hold office until he has resigned or has been
removed, but in any event, until said member's successor has been appointed.
Members of the ACC may be removed at any time, with or without cause.
9.2 Appointment. So long as the Declarant owns any Lot or parcel within the
Property, the Declarant shall have the sole right to appoint and remove all members
of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the
Board.
The ACC shall have the right by a resolution in writing unanimously adopted,
to designate one (1) of its members to take any action or perform any duties for and
on behalf of the ACC. In the absence of such designation, the vote of any two (2)
members of the ACC shall constitute an act of the ACC.
9.3 Approval Required. No construction, alteration, modification, removal or
destruction of any Improvements of any nature whatsoever, whether real or personal
in nature, shall be initiated or be permitted to continue or exist within Los Alamitos
Park Subdivision without the prior express written approval of the ACC.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 13
9.4 Variances. The ACC may authorize variances from compliance with
requirements of any conditions and restrictions contained in this Declaration, the ACC
Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC,
circumstances such as topography, natural obstructions, aesthetics or environmental
considerations or hardship may so require. Such variance must be evidenced in
writing signed by at least two (2) members of the ACC.
If a variance is granted as provided herein, no violation of this Declaration, ACC
Rules/ACC Standards or prior approval shall be deemed to have occurred with respect
to the matter for which the variance was granted. The granting of such a variance
shall not operate to waive any of the terms and provisions of this Declaration or the
ACC Rules/ACC Standards for any purpose except as to the particular subject matter
of the variance thereof and the specific Lot covered thereby.
The ACC shall have the right to consider and grant a variance as herein
provided either with or without notice to other Owners or a hearing of Owners
thereon.
The granting of a variance by the ACC pursuant to this Section shall not relieve
the Owner from the obligation to fully comply with applicable ordinances of the City
of Meridian, Idaho.
9.5 Application. To request ACC approval for the construction, alteration,
modification, removal or demolition of any improvements within the property, the
owner shall submit a written application in a form required by the ACC which must be
signed by the Owner and contain all information requested and be accompanied by all
other material to be submitted as hereafter provided.
All applications must contain, or have submitted therewith, the following
material (collectively called "Plans and Specifications") prepared in accordance with
acceptable architectural standards and submitted with the application form, if any,
approved by the ACC:
(a) Site Plan. A site plan showing the location of the Building(s) and
all other structure and improvements including fences and walls on the Lot, Lot
drainage and all set backs, curb cuts, driveways, parking areas and other pertinent
information relating to the improvements.
(b) Building Plan. A building plan which shall consist of preliminary
or final blueprints, elevation drawings of the north, south, east and west sides, and
detailed exterior specifications which shall include, by sample if required by the ACC,
all exterior colors, materials and finishes, including roof, to be used.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 14
(c) Landscape Plan. A landscape plan for portions of the Lot to be
landscaped which shall show the location, type and size of trees, plants, ground
cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences,
freestanding exterior lights, driveways, parking areas and walkways.
The ACC may, in its discretion, require the Owner to furnish additional materials
and the materials submitted therewith and in reaching a decision thereon, the ACC
shall use its best efforts and judgment to assure that all improvements shall produce
and contribute to an orderly and aesthetically complementary design and appearance
and be of the quality required to maintain Los Alamitos Park Subdivision as a quality
residential development.
The ACC shall promptly review and approve or disapprove in writing all
submitted plans, and if plans have not been disapproved within thirty (30) days after
they have been submitted in writing to the president of the Association or any member
of the ACC, such plans shall be deemed approved.
ARTICLE 10: ANNEXATION
10.1 Procedure. Additional land contiguous to the subject property and owned
by the Declarant, its successor or assigns, may be annexed by Declarant without the
consent of members within twenty (20) years of the date of this instrument.
Amendment of the Declaration to include such additional property, and to subject such
additional property to the rights, privileges, restrictions, covenants and easements
herein provided shall be made by the execution and recordation by Declarant of a
Supplemental Declaration, which shall describe the additional property being annexed,
and any supplemental covenants, conditions and restrictions applicable thereto, and
shall describe the Common Area and Common Facilities thereof. Upon the recordation
of the Supplemental Declaration, the Additional Property described therein, shall be
subject to the term and provisions of this Declaration as though included originally in
this Declaration, and the definitions of Property, Common Area and Common Facilities
shall automatically be amended to conform to such supplement or supplements, as
shall all the other definitions herein, including the definitions of Lot and Owner. All
Owners of Lots located within the expanded Project shall be subject to all easements,
restrictions and reservations set forth in this Declaration and shall have the privileges
of use of Common Area and Common Facilities, except as otherwise provided herein
and subject to the restrictions and reservations set forth in the Declaration as amended
and supplemented from time to time.
10.2 Designation of Common Areas. Any Common Area and Common
Facilities designated by Declarant as such on the plat of the newly annexed additional
Property or in the Supplement Declaration or conveyed to the Association by Declarant
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 15
f
• 0
shall be subject to the same easements and other rights for the use and enjoyment of
the Owners as for the other owners of Lots subject to this Declaration.
ARTICLE 11: WATER SYSTEMS
1 1.1 Domestic Water. Each Lot shall have access to a domestic water system
to be owned and operated by the City of Meridian. The domestic water system will
provide water for culinary and other ordinary domestic household use and is not to be
used to water a lawn, pasture, landscaped area or other similar areas except for Lots
which do not have access to the irrigation system and for all Lots during those times
of year when water is not being supplied by the irrigation system. Water from the
domestic water system for irrigation purposes will be subject to rules of the City of
Meridian and, in any event, is subject to availability. Water from the domestic water
system shall not be used for any swimming pool or to supply any exterior decorative
pond, or any other similar use or system without the prior written approval of each
such use by the City of Meridian. The Association may elect to receive water for
irrigation of the Common Area from the City of Meridian when water is not being
supplied by the irrigation system, which use shall be paid by the Association from its
assessments. Any Owner's use of water from the domestic water system shall
constitute an agreement to pay the charges therefore by the City of Meridian.
11.2 Irrigation System. All Lots to which delivery of irrigation water is feasible
in the Declarant's discretion, including the Common Areas, shall have access to a
pressurized irrigation water system ("irrigation system") to be constructed by
Declarant and owned and operated by the Nampa -Meridian Irrigation District for the
benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which
the system has been extended shall be required to pay the assessment therefore
regardless of actual use or nonuse of water from the irrigation system. Use of the
irrigation system shall be subject to such rules and regulations of the Nampa -Meridian
Irrigation District and the right to receive water therefrom is, in any event, subject to
availability for Lots and for the Common Area. Water from the irrigation system is
not drinkable; each Lot Owner shall be responsible to ensure that irrigation water
within the boundaries of his Lot is not consumed by any person or used for culinary
purposes.
ARTICLE 12: GENERAL PROVISION.
12.1 Enforcement. The Association, any Owner, or any First mortgagee shall
have the right to enforce, by proceedings of law or in equity, the terms and provisions
of this Declaration. Failure by the Association or any Owner to enforce any covenant
or restriction contained herein shall in no event be deemed a waiver of the right to do
so thereafter.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 16
1
12.2 Severability. Invalidation of any one of these covenants or restrictions
shall in no way affect other provisions which shall remain in full force or effect.
12.3 Term. This Declaration shall run with the land and shall inure to the
benefit of and be enforceable by the Association, the Owner of any Lot, and any First
Mortgagee as provided herein, and their respective legal representatives, heirs,
successors, grantees, and assigns, for a term of forty (40) years from the date of this
Declaration.
12.4 Amendments. Except as otherwise provided herein, any of the covenants
and restrictions of this Declaration, except the easements herein granted for utilities
and water distribution facilities, may be amended by an instrument signed by members
entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the
membership. Any amendment must be recorded.
12.5 Conveyance of Common Area. The Common Area and Common Facilities
in each phase of development of the Project may be conveyed to the Association by
Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase
being insured by HUD. Until conveyed, Declarant shall be solely responsible for the
maintenance and management of Common Area and Common Facilities, and for all
costs and expenses associated therewith not covered by the assessments provided
for herein.
12.6 FHA/VA Approval. As long as there is a Class B membership, the
following actions may require the prior approval of the Federal Housing Administration
or the Veterans Administration; annexation of additional real property to the Project,
mergers and consolidations, mortgaging or dedication of Common Area, dissolution
of amendment of the Articles of Incorporation or Bylaws of the Association, and
amendment of this Declaration.
12.7 Contracts or Agreements. The Board of Directors may enter into such
contracts or agreements on behalf of the Association as are required in order to satisfy
the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar
entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by
such entities of first mortgages encumbering building Lots in the Project with dwelling
structures thereon.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 17
IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date
and year first above written.
FARWEST DEVELOPERS, INC.
By
MARTY GOLDSMITH, President
STATE OF IDAHO )
ss.
County of Ada 1
On this day of , 1995, before me, the undersigned, a Notary
Public in and for said State, personally appeared Marty Goldsmith, known and
identified to me to be the President of the corporation that executed the instrument
or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 18
Notary Public for Idaho
Residing at
Commission expires:_
IT=
0
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. 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) 8874813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TO: Mayor and /Counc*1
FROM: Shari L. Stiles, Planning & Zoning Administrator
DATE: May 16, 1994
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman - Planning & Zoning
SUBJECT: Final Plat for Los Alamitos Subdivision - Farwest Developers
and Roylance and Associates
This final plat generally conforms to the previously approved
preliminary plat as to number of lots. Street configuration has changed
appreciably from approved preliminary plat, and Nine Mile Drain,
previously shown as being tiled, is now open. Applicant has requested
variance for tiling and pressurized irrigation requirements.
1. Note 4 indicates minimum house size of 1800 s.f.; application and
covenants indicate 1500 s.f. minimum. Please verify and correct
appropriate documents.
2. What is 20' easement shown along backs of Lots 15-19, Block 2?
3. Indicate centerline of Nine Mile Drain.
4. The City must receive a copy of the executed License Agreement
with Nampa -Meridian Irrigation District for the crossing of Nine
Mile Creek prior to final plat approval.
5. It was the City's understanding that the Applicant was providing a
well site and working with the School District to provide a 3 -acre
school site. Testimony at the 4/19/94 from Gary Smith and Marty
Goldsmith indicated well lot was donated. Mr. Goldsmith's letter
of 5/12/94 requests reimbursement (at post -development prices) for
the well site, as well as intimating the City is responsible for
purchasing the 3 -acre school/park site. This is not acceptable.
In addition, no provisions for well development, landscaping,
maintenance, etc., of this well lot have been agreed upon.
A condition of annexation for this property requires the Applicant to
enter into a development agreement. In light of the unresolved
questions and differing opinions of representations made, it is
imperative that the development agreement clearly define what is being
provided. Final plat approval cannot be given until a satisfactory
development agreement is executed.
Mayor and City Council
May 16, 1994
Page Two
Although this is only Phase 1 and the school site is not included in
this portion of the development, this final plat application should be
tabled or denied because it does not propose any agreements for future
school sites, Applicant is now requesting reimbursement for the well
site at post—development prices, and, most importantly, an approved
development agreement addressing these and other issues has not been
executed nor even drafted at this point.
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM May 13, 1994
TO: Mayor & Council
FROM: Gary D. Smith, PE A0
Re: Los Alamitos Park Subd. No. 1
(Final Plat)
I have reviewed this submittal and offer the following comments for your information and or use
as conditions of the applicant during the decision making process:
1. This final plat conforms with the preliminary plat received January 26, 1994.
2. Submit street name approval letter from the Ada County Street Name Committee.
(Reconsider street names shown.)
3. Adjust frontage of Lots 14, 16 Block 2 to 80 feet to comply with ordinace.
4. Show symbol for southwest corner of Section 20.
5. Affix land surveyor seal with signature and date.
6. Residential house size is shown as 1500 s.f in the application and 1800 s.f in the plat.
Which is it?
7. Submit sheet 2 for my review.
8. Add note explaining required 12 inch distance between bottom of footing and high ground
water.
9. Submit plan details for piping of Nine Mile Drain under access road immediately adjacent
to this projects north boundary.
10. What will Lot 1 Block 2 be used for?
11. Show future 20 foot wide access easement accross Lot 1 Block 3 for Babbitt home.
• HUB OF TREASURE VALLEY
OFFICIALS
COUNCIL MEMBERS
A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk
JANICE L. GAS, City Treasurr
CITY OF MERIDIAN
MAX YERRINGTON
ROBERT R
GARY D. SM THS P.E. City Engineer
WALT W. MORRROW W
M
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
WAYNE S. , AICP
Planner 8 Zoning ng Administrator
KENNY W. BOWERS, Fire Chief
MERIDIAN IDAHO 83641
'
W.L. "BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. GROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 8874813
Chairman • Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM May 13, 1994
TO: Mayor & Council
FROM: Gary D. Smith, PE A0
Re: Los Alamitos Park Subd. No. 1
(Final Plat)
I have reviewed this submittal and offer the following comments for your information and or use
as conditions of the applicant during the decision making process:
1. This final plat conforms with the preliminary plat received January 26, 1994.
2. Submit street name approval letter from the Ada County Street Name Committee.
(Reconsider street names shown.)
3. Adjust frontage of Lots 14, 16 Block 2 to 80 feet to comply with ordinace.
4. Show symbol for southwest corner of Section 20.
5. Affix land surveyor seal with signature and date.
6. Residential house size is shown as 1500 s.f in the application and 1800 s.f in the plat.
Which is it?
7. Submit sheet 2 for my review.
8. Add note explaining required 12 inch distance between bottom of footing and high ground
water.
9. Submit plan details for piping of Nine Mile Drain under access road immediately adjacent
to this projects north boundary.
10. What will Lot 1 Block 2 be used for?
11. Show future 20 foot wide access easement accross Lot 1 Block 3 for Babbitt home.
0 •
12. Provide more than a 10 foot wide easement along the north boundary of Lots 12, 13, 14,
15 Block 2 to contain the proposed 12 inch diameter drain line.
13. Check boundary dimension along Lots 1, 3, 4 Block 2 against sum of individual lot
dimensions.
15. Who will maintain the drainage lot shown as Lot 8 Block 3?
16. Show developers name on sheet no. 1.
17. Provide recorded data showing this length of included Nine Mile Drain is owned by the
US Bureau of Reclamation. If.they are owners shouldn't this be shown as a lot and
require them to sign the plat?
18. Where, on the plat, is the symbol found that is shown for "Found Aluminum Cap"?
MERIDIAN CITY COUNCIL MEETING: May 17, . 1994
APPLICANT: FARWEST DEVELOPERS AGENDA ITEM NUMBER: 4
REQUEST: FINAL PLAT: LOS ALAMITOS PARK SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER: COMMENTS FORTHCOMING
CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS
ADA COUNTY STREET NAME COMMITTEE: )djgj
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
MERIDIAN CITY COUNCIL MEETING: QQ``
' # �y
APPLICANT:a " '¢ AGENDA ITEM NUMBER:
� �t ev ol� JA
REQUEST:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: L
cLJ
MERIDIAN POST OFFICE:
i
ADA COUNTY HIGHWAY DISTRICT:
I
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
MERIDIAN CITY COUNCIL MEETING: AUGUST 15.1995
APPLICANT: ITEM NUMBER; 22
REQUEST; COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS ALAMITOS
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MEMORANDUM
TO: GOLDSMITH FILE SUB 32
FROM: BFM
DATE: OCTOBER 18, 1995
RE: OCTOBER 17, 1995 CITY COUNCIL MEETING
1. The Council passed the Supplemental
Alamitos No. 2.
CC&R's for Los
2. The Council further amended the Findings of Fact and
Conclusions of Law for Annexation and Zoning for Salmon Rapids No.
3 to reflect:
a. The Developer will construct a 120
foot guardrail on the west side of
Locust Grove;
b. ACRD testified and they will provide
the materials;
C. Although ACHD did not require a
bond, a bond will be required;
d. ACHD will inspect the guardrail.
3. Council went on to a motion on the decision to accept
these amended Amended Findings of Fact directing the City Attorney
to prepare an Annexation Ordinance.
4. The Preliminary Plat for Salmon Rapids was adopted at
1,400 square foot houses subject to all staff and ACHD conditions.
5. The Los Alamitos No. 3'Annexation Ordinance was again
tabled as we were unable to provide the City with a Deed to the
school site. Mayor Kingsford, Councilman Morrow and Councilman
Corrie all maintained that the City had made clear that this
property was to be deeded through the City not through the school
district to be held by the City as a potential park/school site.
I told him that this was news to the developer in that the
developer had merely tried to accommodate what he believed to be
the City's wishes by entering into a contract with the school
district to donate the property to the school. I further told him
that it was now impossible to deed this property to the City in
view of the school's exclusive option rights on the property.
MEMORANDUM TO FILE -- 1
•
A preliminary search of the file on the school site issue
revealed the following:
1. March 15, 1994. Annexation Ordinance (Phases 1 and 2)
passed. At the Public Hearing on the Annexation and Zoning and
Preliminary Plat Application for Los Alamitos there was extensive
public testimony and extensive questioning by council, however,
there is no mention or questioning by anyone in -the minutes, public
or Council, on the school site. On the motion to approve the
annexation and zoning, the City Attorney is directed to prepare an
Annexation Ordinance stipulating that the areas spoken to at the
meeting will be addressed in a development agreement.
2. April 5, 1994. Ordinance No. 640 (Annexation Ordinance)
executed. Although the Annexation Ordinance makes no mention of
the school site, it does require that the FF&CLs be complied with.
One of the conclusions in P&Z's FF&CLs is that the applicant enter
into a development agreement and that the development agreement
address the comments of the planning director Wayne Foray, which
comments were:
"that the plan indicates an elementary school
site is needed west of the subdivision near
the center of Section 99 and that there may
also be a need for an elementary school site
near the center of Section 20; that as a
condition of annexation, a development
agreement will be required which will include
an in depth analysis by the Meridian School
District and the Meridian Planning Director to
determine the amount of land set aside in the
north east corner of this project for a future
elementary school/park site."
3. April 4, 1994. Preliminary Plat approval (Los Alamitos
Phases 1 and 2) given by City Council.
4. May 17, 1994, Final Plat Hearing. At this hearing the
final Plat was tabled with the City Council requiring that a
development agreement be prepared. This may be one of the first
times the City Council had required a development agreement, under
their Ordinance, and certainly the first time that Marty had heard
of the requirement for a development agreement. Reading the
minutes of this meeting, it would appear that the Council was
reluctant to have the Plat move forward to final Plat approval
without getting three issues nailed down: well site, school site
and fence. The comments on the school site were:
MEMORANDUM TO FILE -- 2
Morrow: "Okay, then item 5, dealing with the City's understanding
that the applicant was providing a well site and working
with the school district to provide a three acre school
site, there are some conflicts going on here with respect
to whether the well site is going to be provided or a
pressurized irrigation waiver is going to go there.
Apparently, none of that has been resolved of yet. Is
that correct?"
Stiles: "I believe he is going to do the well site, you still
have to decide on the waiver. It was Gary's
understanding and from reading all the minutes it was
always donated. Now we have received the letter from Mr.
Goldsmith that you have in your packet requesting
reimbursement and also talking about the park/school
site. This is another one that requires a development
agreement.
Later, as part of a quote from Mr. Morrow:
"There are also some different positions in
terms of the three acre school/park issue of
ground."
Then the Council went on to deny the pressurized irrigation
system waiver and to table the final Plat to:
"give the staff and Mr. Goldsmith the
opportunity to get the development agreement
up and before us for the next City Council
meeting so that we can address all of the
issues, and hopefully, there will be a
resolution of the well lot issue and on the
three acre school issue prior to that time so
we have a proposal that has all these things
covered and we can base our decision on that
proposal."
5. June 7, 1994. 'City Council Hearing on Final Plat
Approval. After the 5/17 hearing, we prepared a Development
Memorandum and got the final Plat put on the June 7th hearing. I
went to that hearing and Sherry indicated that we had submitted a
memorandum agreement. Based on that, the final Plat was approved.
In that Development Memorandum, paragraph 4.2 states:
"with respect to the referenced three acre
school site, 'the developer has and shall
continue to negotiate with Meridian School
District, granting to such district, the right
to acquire the referenced school site."
MEMORANDUM TO FILE -- 3
0 •
This Development Memorandum was submitted to Sherry Stiles,
signed by Farwest Developers (I think - file copy is not signed),
not signed by the City and used by Sherry Stiles at the June 7th
meeting to facilitate the Council's vote to approve the final Plat.
We need to get a copy of the June 7th minutes to see what language,
if any, was used in terms of possibly adopting this development
memorandum.
6. June 12, 1995. Farwest Developers, Inc. and joint School
District No. 2 entered into a binding exclusive option to the
school district to accept by donation a 2.2 acre school site.
7. In November and December, City Council was holding up
signing the final Plat pending the execution of a development
agreement. By this time, the City had prepared a form development
agreement. Exhibit "B" of the 10/26/94 draft, reviewed by Wayne
Crookston on 12/1/94, leaves in tact provision number 11 which
states:
"make available to the Meridian School
District a 2.3 acre parcel to be used for a
future school/park site in future phases of
Los Alamitos Subdivision."
8. December 6, 1994. City Council Hearing for the purpose
of taking up approval of the development agreements on Los Alamitos
and Salmon Rapids. This is the hearing that I attended and argued
for removal of donating the well site as a provision in the
development agreement for Los Alamitos on the theory that the
record established that donating the well site was always intended
to be in lieu of putting in a pressurized irrigation system and
that when the City Council denied the request for a waiver of the
pressurized irrigation system we were no longer bound to donate the
well site. I was not successful in this regard and the development
agreements drafted by the City stood, basically ready for Marty's
signature if he wanted to get his final Plats signed off on. We
had this confrontation with the City despite the fact that Marty
had gone ahead and signed the 10/26/94 draft.
The final development agreement was drafted by the City
12/5/94, dated December 6, 1994, to correspond with that meeting,
and signed by Marty on February 5, 1995, and by the Mayor February
13, 1995. Exhibit "B" to the development agreement, paragraph 11,
states as follows:
"make available to the Meridian School
District a 2.3 acre parcel to be used for a
future school/park site in future phases of
Los Alamitos Subdivision."
MEMORANDUM TO FILE -- 4
0 •
9. June 13, 1995 was the P&Z Public Hearing on the request
for annexation and zoning of Los Alamitos No. 3. Stiles testified
on page 42 concerned about access "to the school." Stiles written
comments dated June 8, 1995, attached to that records, state in
paragraph 13:
"the comprehensive plan indicates that a
school and park site is needed —in this
section. Applicant is to provide evidence of
transfer of school site property prior to
obtaining building permits for housing."
These written comments were included in the Findings of Fact
and Conclusions of Law prepared as a result of the June 13, 1995
hearing that were signed of by the P&Z commissioners on 7/11/95.
The FF&CLs also make referee that the applicant has submitted an
application for a preliminary Plat. That proposed preliminary plat
shows the area in question as a "school lot."
10. July 11, 1995. P&Z entered their decision and
recommendation, recommending to the City Council approval of
annexation and zoning of Los Alamitos No. 3 consistent with the
FF&CLs.
11. July _, 1995. Development services staff prepared facts
and findings, probably in conjunction with the submittal of the P&Z
recommendation to City Council. Apparently, there was a
development services meeting, with Meridian City Staff and School
District Staff and the developer of Highlands Ranch. Nobody from
Farwest Developers was there. Although the Meridian Staff wanted
to extend the Los Alamitos culdesac over the Ridenbaugh Canal and
into Highlands Ranch, everyone else at the meeting thought that the
Ridenbaugh street crossing should be further to the east providing
access to the school/park site and tying into Shelby Street in the
Sundance Ridge Subdivision. The staff findings also note that the
applicant is proposing a non -buildable lot to be used as a twenty
foot wide corridor to the proposed school site.
12. August 15, 1995. This development services staff report
together with P&Z's FF&CLs and all agencies' comments were
presented to City Council at the first hearing (probably public
hearing) for annexation zoning and preliminary plat approval for
Los Alamitos No. 3. I was not at that hearing. I do not know the
outcome. We need to check the minutes to see if there is any
discussion of the school site.
13. September 5, 1995. This was the hearing that Ken
Henderson attended in which amended FF&CLs were submitted. They
were approved, and as articulated by Councilman Morrow in the
motion on the decision they were subject to: "evidence of transfer
of school site property must be given to the prior or obtaining
building permits for housing." The motion to approve the decision
MEMORANDUM TO FILE -- 5
t r 0 •
on annexation was passed followed by a motion to have the city
attorney prepare an annexation and zoning ordinance, which was
passed unanimously. The motion by Morrow is the extent of any
reference to the school site.
14. September 19, 1995. All agenda items involving Marty
Goldsmith including the prepared annexation ordinance were tabled.
15. October 3, 1995. This is the hearing that Marty attended
and I was not there and we do not have the minutes from, but that
Marty reported that the City wanted the school site deeded directly
to them. This is the first time the procedure of passing the deed
for a future school/park site through the City has ever come up
that I could find.
In a post hearing conversation with City Attorney Crookston,
he advised that to the best of his knowledge the City has not made
any similar arrangement with the other bordering developments for
the donation to the City or other acquisition by the City of
school/park property. The school district's attorney has advised
that to the best of his knowledge there is no case in which the
City has any rights in any school location property.
I have advised Wayne Crookston that we believe the concept of
multiple use to be a sound one and would be prepared to do anything
we can to help the City negotiate with the school district to
obtain some sort of joint use agreement. To this end, I have set
up a meeting for Friday, October 27, 1995, with the school district
attorney, Wayne Crookston, and myself. The district's attorney is
going to try and have Dan Mabe there. You should be there as well.
I also offered to share this Memorandum with Wayne Crookston and am
sending him a copy.
MEMORANDUM TO FILE -- 6
•
Meridian City Council
May 17, 1994
Page 13
•
Kingsford: I think you need to get in, you have a list of things that Ms. Stiles has spoken
to, you have a list of things Mr. Smith has spoken about. You have the issue still with
Kachina Estates, I'm not sure where you are at with that, I would like to see some
correspondence to see how that is resolved, I've not seen anything on it. I did see one
letter that talked about and a piece of illustration of a fence. I'm not sure that was
discussed with Walt and is satisfactory and so forth. 1 would like to see some minutes of
that. I think you need to clean up those covenants the way you want so we see that and
post haste. Time is money to you I understand that but we want to see it done well as Mr.
Morrow has indicated.
Goldsmith: I sure would have had a development agreement before you this evening if it
was on my list. I appreciate your guys consideration. Can you comment on the fence Mr.
Morrow?
Morrow: Yes, the fence issue has been well resolved. I think I have seen information from
Mr. Schild that is agreeable with the fencing issue. I do think for purposes that belongs
in a development agreement. That in fact has been accomplished. The notice in the
covenants and restrictions was there addressing, I had asked be addressed notifying the
subsequent buyers of the property that there is an agricultural usage there that does pre-
exist that subdivision. That those folks rights will be protected to do their agricultural
things as necessary. And so that has been taken care of, I do think there ought to be as
part of the development agreement notification of the realtors in terms of notifying potential
buyers that those things exist and that has been done with Mr. Goldsmith in good faith in
terms of harmony with the neighbors.
Kingsford: And that included the things with regard to spray and those types of things,
livestock.
Morrow: Yes
Kingsford: Last I saw Mr. Schild was concerned about that. Are we singing from the same
sheet of music?
Goldsmith: Yes I think so, if you can give me an appointment date, I do have problems
getting an appointment. I would like to be prompt and get my things done.
Kingsford: Mr. Berg will be in in the morning, is that true? Get with Mr. Berg the City Clerk
and he will coordinate that.
ITEM #5: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAWTOS
PARK:
• 0
Meridian City Council
May 17, 1994
Page 14
Kingsford: You might hang on a minute Marty in case there are any questions on those.
Counselor, have you reviewed those?
Crookston: I have and they are basically the same comments that I had on Salmon
Rapids.
Kingsford: A motion similar to the last would be appropriate.
Yerrington: So moved
Morrow: Second
Kingsford: Moved by Max, second by Wait to approve of the CC&R's for Los Alamitos
Park subdivision conditioned upon the City Attorney and developer agreement on those
items, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HUNTS BLUFF NO.
2:
Kingsford: Does Council have any question of the Attorney on that?
Morrow: I had some Mr. Mayor, Wayne I didn't see in there where there was a mechanism
for a homeowners association.
Crookston: Again, I don't have my copy.
Morrow: It may be that I just overlooked it.
Crookston: They are almost exactly the same as the covenants for Salmon Rapids.
Morrow: What page are you on 5,
Kingsford: Do you have page 7, Ron has 4 of them.
Morrow: I am missing 5, 6, 7, that would explain why I don't see any.
Crookston: It is a creation of a lean for personal obligations of assessments. These are
almost exactly the same as Salmon Rapids.
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L_ J
Meridian City Council
June 7, 1994
Page 6
Kingsford: Well, the issue
comfortable with what Mr.
memorandum understanding
Stiles: Yes
Post-tt® Fax NoteW671
Date?/21 19�
paoges. 2
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From
Co./Dept.
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Phone #
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at hand, item #3, Salmon Rapids, are you reasonably
Goldsmith has submitted in terms of that issue. His
Kingsford: Other questions the Council might have of staff or Marty.
Morrow: I guess for City Engineer Smith, you are satisfied with the documents provided
by Mr. Goldsmith with respect to all of our engineering issues. It appears to me that in
terms of reading all of the memorandum from his group on both of these proposals that
they are prepared to meet all the criteria that I have notes on or that I am familiar with that
we have discussed over the last couple of months. So if Gary is satisfied and Shari is
satisfied I think that pretty much I am satisfied.
Kingsford: For the record Mr. Smith's non-verbal communication was in the affirmative.
Is the Council prepared to take action?
Yerrington: Mr. Mayor, I make a motion that we approve the final plat for Salmon Rapids
and the development agreement.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to approve the Salmon Rapids final plat, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED AT MAY 17, 1994 MEETING: LOS ALAMITOS SUBDIVISION FINAL
PLAT:
Kingsford: It is basically the same thing, does Council have any questions specific to that?
Morrow: Same questions of both Shari and Gary, you are both satisfied with respect to
he has complied with what we were after?
Kingsford: Again notation in the positive from both.
Morrow: I would move that we approve the Los Alamitos subdivision subject to the
development agreement.
Meridian City Council
June 7, 1994
Page 7
Tolsma: Second
Kingsford: Moved by Wait, second by Ron to approve the final plat of Los Alamitos
Subdivision conditioned upon the development agreement, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Marty, I want to thank you for coming in and working with staff on that. I know
you spent a lot of time in here.
Goldsmith: Thank you Mr. Mayor, shall I take the base that Wayne Forrey has prepared
and then add the guts to it. Is that where we are at.
Kingsford: What does the Council want to do with that, Shari spoke to that specifically
with item #6, but would that be a preference.
Morrow: I think my personal preference would be that we need to discuss some things
later with some department reports with respect to this issue. But I think let's work them
together between the 2 of us and see if we can struggle through this thing so we can get
a definite path going. And if you can Marty, work with Wayne Forrey and Shari and Gary
we will make it work and get it done.
ITEM #5: TABLED AT MAY 17, 1994 MEETING: AMENDED ORDINANCE #630:
Kingsford: AMENDED ORDINANCE NO. 630, AN AMENDED ORDINANCE OF THE CITY
OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N, R. 1E,
B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone
from the public that would like Amended Ordinance #630 read in its entirety?
Tolsma: Mayor, I would move we approve Amended Ordinance #630 with suspension of
the rules.
Morrow: Second
Kingsford: Moved by Ron, second by Wait to approve Amended Ordinance #630 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Meridian City Council
October 3, 1995
Page 13
Crookston: I think that is correct. They are doing changes to the existing covenants to
allow that.
Morrow: So for our purposes tonight then everything is fine with respect to these two
CC&R's, Salmon Rapids and Los Alamitos, or Salmon Rapids.
Crookston: Yes
Corrie: And also in accordance with our ordinances.
Crookston: Yes it is.
Morrow: Mr. Mayor I move that we approve the CC&R's for Salmon Rapids Subdivision No.
1 and 2.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the CC&R's for Salmon Rapids 1
and 2, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED SEPTEMBER 19, 1995: CC&R'S FOR LOS ALAMITOS
SUBDIVISION:
Crookston: Mr. Mayor, it is very much the same question in Los Alamitos, the covenants
there require 1500 square feet. They are proposing an amendment to change that to the
1400, Meridian Greens doesn't apply on Los Alamitos so that doesn't come into effect. I
think that the covenants are fine if it is the City Council's decision to change to the 1400
from the 1500.
Kingsford: Shari, all the same things apply there with regard tot he differential between
1500 and 1400 square feet.
Stiles: Mr. Mayor, yes I believe as far as the ordinance and the findings that were prepared
they did not specify 1500 square feet minimum.
Morrow: Same on the plat?
Stiles: The plat on Los Alamitos it was a similar history gong from 1500 to 1800.
Meridian City Council
October 3, 1995
Page 15
can't unilaterally amend CC&R's when the CC&R's require typically 70% or 75%.
Goldsmith: Okay, when we have an existing phase 23 lots and we are bringing in another
phase, the owner of the second phase is the developer. There is a mechanism as Wayne
called it in the existing CC&R's that multiplies the voting right. Are you familiar with that
Wayne?
Crookston: Yes I am, I am not sure exactly how that works where you add another portion
to the existing portion whether or not that changes your percentage requirement for
approval of amendments to the covenants. That procedure is in the covenants to add an
annexed area.
Goldsmith: So if there was 47 lots in phase No. 2 and I owned 3 in phase No. 1 then that
would be 50 lots as opposed to 20 we wouldn't even need that mechanism.
Kingsford: I would say that we have approved CC&R's for Los Alamitos No. 1, those apply
to Los Alamitos No. 1. 1 don't think that adding, you are not adding more to Los Alamitos
No. 1, 1 don't think what you are suggesting applies at all.
Morrow: Mr. Mayor, from my perspective and experience the covenants or CC&R's for
each phase stand on their own. If phase No. 1 if there is 20 lots of 23 sold it is up to the
discretion of those folks that bought those houses underneath those existing CC&R's
whether they want them amended or not. I think clearly the issue before us here then with
the do we approve the CC&R's for phase 2 at 1400 square feet. The issue with 1500
square feet on phase 1 is between you and the property owners in phase no. 1.
Kingsford: Counselor, the CC&R's that we have then before us to vote on tonight, are they
one package, 1 and 2?
Crookston: They are a proposal to
Kingsford: Include all of no. 1 for no. 1 in them (End of Tape) Well given that I would
strongly advise the Council that you defer action on that until you know exactly where you
stand on the disposition of the lot owners in No. 1.
Morrow: 1 clearly think from my position they have to be separated. And so therefore if
they are combined now I couldn't vote for those CC&R's for phase 1. 1 would move to
Kingsford: I would have no problem with them at 1400 in phase 2, 1 can't cram that down
phase one's throat.
•
Meridian City Council
October 3, 1995
Page 16
•
Morrow: No, so therefore in order to separate those out you have to have some time to
get that done so we need to table until next meeting to resolve that issue. So I would so
move.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to table the CC&R's for Los Alamitos until the
next meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Are we clear on the issue Marty?
Goldsmith: Yes, thank you very much.
ITEM #4: TABLED SEPTEMBER 19,1995: FINDINGS OF FACT AND CONCLUSIONS
OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY
RAMON YORGASON:
Kingsford: He has submitted a letter to us I believe on that issue, no excuse me that was
on Crossroads. Entertain a motion to table Waterbury Park until the next meeting.
Corrie: So moved
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to table Waterbury Park until the next meeting.
Smith: Excuse me Mr. Mayor, I think the letter the developer wrote had to do with the
tabling request for Crossroads reimbursement rather than Waterbury No. 5.
Kingsford: We have an updated letter on that. Council members have you reviewed the
letter of October 3rd, is that in your packet?
Morrow: Well, it was but I can't find it. But I thought it did address Crossroads.
Corrie: It did.
Kingsford: Well, there is one on Crossroads but there is also one on piping the Creason
Lateral, Waterbury Park No. 5. To Gary Smith, we received it October 3rd.
0
Meridian City Council
October 17, 1995
Page 4
questions answered for me anyway. They are asking that we approve the findings of fact
and then they could proceed with the preliminary plat after that. So what they are asking
is that they can go ahead and have that central sewer system.
Kingsford: What is your pleasure?
Yerrington: Mr. Mayor, I would move that we table it and notify Mr. Forrey of our action
until the next regular meeting which is November 8.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to table this until the November 8 meeting and
notify the applicant to that effect, any discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: TABLED OCTOBER 3,1995: CC&R'S FOR LOS ALAMITOS SUBDIVISION:
Kingsford: Counselor, do you have any comments on the CC&R's?
Crookston: Mr. Mayor, the only comment that I had was that at the last Council meeting
they were tabled because the Council felt that there had to be something done with the
existing owners within the subdivision. I have not seen anything showing what they are
doing with that. Other than that, excuse me, the other thing, there was the square footage
on the house sizes, the applicant's attorney is here. He would be able to explain some of
that if that is the Council's desire. I would like to know what they are proceeding with as
to the amendments.
Kingsford: Counselor?
McCall: Thank you Mr. Mayor I appreciate the opportunity to address you on this issue.
I know these CC&R's have been before you numerous occasions and if we can get some
sort of direction on how the Council would like us to proceed. These are the CC&R's for
the second phase of Los Alamitos Subdivision, phase 1 and phase 2 were all annexed and
zoned as one parcel and subject to that annexation and zoning in the findings of fact and
conclusions of law came in at R-4 with a minimum square footage of 1400 square feet.
When we came to do the platting on phase 1, the developer at the request of the City
Planner to move to get our development agreement done agreed to make the minimum
square footage on phase 1 1500 square feet. Then we proceeded to phase 2, final plat for
phase 2 has been approved by City Council at 1400 square feet. Phase 2 is also subject
to that original findings of fact which state 1400 square feet. So when I was asked to
Meridian City Council
October 17, 1995
Page 5
prepare the CC&R's I really had two choices. Number one I could prepare a brand new
complete set of CC&R's for phase 2. And we would still be prepared to do so. I would
prefer not to for the following reason, this is just a second phase of an existing subdivision.
They are contiguous and have the same name. My experience has been if you as you
bring your phases in if you just keep one set of CC&R's the homeowners are much more
likely or much less likely to get confused. In other words they have one set of CC&R's,
they have one Homeowners Association, and we don't have a great disparity of conditions.
Now, what I have prepared therefore is a supplemental declaration, the original CC&R's
passed by this Council, recorded of record, in Article 10 say the developer can bring in a
new phase, annex that phase, make it subject to the existing CC&R's and impose
additional restrictions on that phase only. So the document that I sent to Council last
Friday is a two pager, it does two things. It says here is the new phase, make it subject to
the CC&R's and on this phase only the square footage will be 1400 square feet and
Council had asked the City Attorney to ask that we put in some different language with
respect to first and second (inaudible) and I think we have all that in there. So that is kind
of where we are and if it complies precisely with the existing CC&R's except for that
square footage, it complies with the findings of fact and conclusions of law. It complies
with the zoning and if the Council would like it to be done any other way we are happy to
accommodate you but we would like to get this moved along. So that is kind of where we
stand on it and I appreciate it.
Kingsford: Does that answer your questions Wayne?
Crookston: Well, partially, I am still not quite sure about, or that the existing owners do not
have to consent to a change in the existing CC&R's.
McCall: I think my response to that would be the existing owners are on notice that under
their CC&R's if they read it and they can go down to Article 10 and Article 10 advises them
that some time in the future there may be a different phase come in. When that phases
comes in it may be subject to additional and different restrictions. I can read you the
precise language. So they are already on notice that the rules might be slightly different
for that second phase. We could clearly do this by just doing a brand new homeowners
association and call it Los Alamitos Homeowners Association No. 2. But again I would
rather not do that because then I think we have confusion amongst the homeowners. 1
think the first set of CC&R's put those existing homeowners on notice that there might be
slightly different rules for the next phase. I suppose if some of them want to challenge it
that would be something that we would have to take on. I am absolutely confident that
would not be a problem because of record attached and as a lien against their property
are those CC&R's that say the second phase is coming in and it can come in with different
restrictions.
Meridian City Council
October 17, 1995
Page 6
Crookston: I guess that I would prefer that the, let me back up for a minute. The current
CC&R's for Los Alamitos No. 1 require 1500 square foot size homes. Then to me it is a
decision as to the City Council as to whether or not they want to change that for Los
Alamitos No. 1 because there are structures or lots that have not been built on if they
desire to change it then that is fine. If they don't then I think those CC&R's need to stand
and I think that they need to be kept separate from the CC&R's in Los Alamitos No. 2.
McCall: Just in case there is confusion we are not requesting that the CC&R's for phase
No. 1 be adjusted to 1400 square feet that CC&R's that the Council has before them
clearly says and any lot of the annexed property shall be subject to a minimum of 1400
square feet. So there is no suggestion that any unbuilt lot in phase 1 would now be subject
to the lower square footage of 1400 over the existing 1500.
Crookston: I don't see that because you are going to have new covenants that are going
to apply to Los Alamitos No. 1 and 2.
McCall: No, the existing CC&R's that are of record are the only restrictions against Los
Alamitos No. 1 when we move over to Los Alamitos No. 2 we add one more restriction.
And it says only with respect to the lots in the annexed property. That additional restriction
is a minimum square footage of 1400 square feet which is consistent with the plat that the
Council approved and consistent with the findings of fact and conclusions of law.
Crookston: But Brian, if you change the CC&R's a homeowner that buys a lot in phase 1
six months from now, would he not get a copy of the CC&R's that you are now changing?
Which would indicate 1400?
Kingsford: Well if it is in the annexed area, does it stipulate that specifically?
McCall: Yes, it is a two liner and I can read it if you like.
Crookston: The problem is that when you say the annexed area and you have a legal
description most people can't read a legal description and tell where their lot is.
McCall: Well, I suppose there is the potential for that confusion. I think that the
supplemental declaration is perfectly clear by reciting that there are existing CC&R's for
phase 1, that there is additional property coming in and is described as the annexed
property and attached is Exhibit A. And then is says only with respect to that annexed
property shall there be that restriction. There can always be some confusion and I think
think it is a trade off. We can go ahead and start from scratch, I think that creates even
more confusion because then you have people on different sides of the block, different
sides of a street that have got completely different CC&R's. Maybe in these ones the
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Meridian City Council
October 17, 1995
Page 7
developer will decide he wants to permit parking of fifth wheelers where you can't in phase
1. That is the reason that I am arguing so strenuously to just do this supplemental
declaration because then we will have consistency throughout the entire subdivision with
this one exception. If we did different CC&R's when again we can if that is the Council's
wish and we are free to impose any type of restrictions that we want. So I think with all
do respect but I disagree and I think this would be less confusing.
Morrow: Let me see if I understand you correctly, what you are proposing is that one
master homeowners association for all three phases of Los Alamitos?
McCall: Correct, when we come back for phase 3 we will ask to do the same thing.
Morrow: Having said that, that means that phase 1 and the people that purchase lots in
phase 1 purchased under one set of CC&R's. What you are proposing for phase 2 is the
same set of CC&R's with the addendum of reducing from 1500 square feet to 1400 square
feet the minimum house (inaudible).
McCall: Exactly correct.
Kingsford: Any other questions of the Council? Is there a motion?
Morrow: Mr. Mayor, I would move that we approve the CC&R's for Los Alamitos
Subdivision subject to the addendum for the change of square footage that all other parts
of the CC&R's remain the same as for phase 1 which have already been approved by the
Council.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the CC&R's for Los Alamitos
Subdivision No. 2 with the addendum stipulating the smaller house size of 1400 square
feet, all the things remaining the same, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: TABLED OCTOBER 3, 1995: AMENDED FINDINGS OF FACT AND
CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON
RAPIDS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS:
Kingsford: Does the Council have a question on that?
Morrow: Mr. Mayor, was not Salmon Rapids No. 3 originally tabled because of problems
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Meridian City Council
July 18, 1995
Page 6
Kingsford: Moved by Bob, second by Max to approve of the final plat of Los Alamitos Park
Subdivision No. 2 conditioned upon all the conditions of staff being met and the irrigation
issue being resolved and taken over by the homeowners association, any discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: TABLED JULY 5, 1995: FINAL PLAT FOR LOS ALAMITOS PARK
SUBDIVISION NO. 2 BY FARWEST DEVELOPERS:
Kingsford: Any questions of the developer on that?
Tolsma: I think the same issue was the hold up on that wasn't it?
Kingsford: I believe so, irrigation is the same issue in that is it not Marty? Does staff have
any other comments on Salmon Rapids other than the irrigation?
Smith: I have none Mr. Mayor.
Kingsford: Shari, have your comments been met?
Stiles: Yes, with the exception of, as with Los Alamitos they both need to have the
development agreements updated. I imagine we can take care of the pressurized irrigation
at that time.
Morrow: I think Mr. Mayor, I have a question with respect to Item 5 on page 2 of Gary
Smith's comments, site specific comments. My question is that under item 5 it says all
buildable lots for single family dwellings only, each dwelling unit shall have a minimum
floor area of 1400 square feet excluding the garage area. Any houses within 500, what is
the rest of that paragraph, within 500 what?
Stiles: That would be any within 500 of Meridian Greens which was a condition of the
phase 1 plat.
Morrow. Does that apply to this also?
Stiles: Yes
Morrow. And what does the within 500 feet mean, that
Stiles: Five hundred feet of the boundaries of Meridian Greens. I think. that, I am not sure
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Meridian City Council
July 18, 1995
Page 7
0
if their covenants address that. Wayne Crookston went through something with Marty's
attorney.
Kingsford: Those things dealt with sizes were larger and also had a restriction on roof
construction did they not?
Morrow. I think my question was that there seems to have been some feedback to whether
or not they were single level homes and the square footage requirement in that 500 feet
was higher than the 1400 square feet and it is my understanding that there was at least
one home that was built.
Kingsford: That was Hunts Bluff, same developer but a different development.
Morrow. Okay, and my question is that is it clearly spelled out within these documents if
the same thing applies?
Smith: Mr. Mayor and Councilman Morrow, let me read you this note on the plat and what
we did when we reviewed this is we didn't show the whole sentence, we just showed a
correction for a portion of that sentence. That is why it is unclear. Note number 5 on the
plat states, "This subdivision is subject to the requirements of the Uniform Building Code,
UBC as regulated by the City of Meridian. All buildable lots are for single family dwellings
only, each dwelling unit shall have a minimum of 1400 square feet excluding the garage
area and any houses within 500 feet of Meridian Greens shall be a minimum of 1500
square feet." So there was a restriction on that.
Morrow. Was the 1500 square feet and there was no reference in the testimony where
that they would be single level or multi-level homes?
Smith: I can't answer that, I don't know.
Morrow. And the other issue is that I believe that Mr. Goldsmith needs to state that he will
also with the pressurized irrigation system for this subdivision tum that over to either the
homeowners association or Nampa Meridian Irrigation District.
Goldsmith: Yes I will tum over the pressurized irrigation system, that is retroactive through
phase 1 as well.
Kingsford: Any other questions?
Morrow: No, that is it.
Meridian City Council
July 18, 1995
Page 8
Kingsford: Shari, do you recall, was there any discussion with regard to the single story
or two story in this subdivision?
Stiles: Mr. Mayor and Council I don't recall any testimony on this particular subdivision.
The people in Kachina Estates were more concerned about the fencing and screening
them and making sure they weren't involved with their properties in any way.
Kingsford: And that was part of your conditions that they have agreed to am I right?
Stiles: Yes
Kingsford: What is the Council's pleasure?
Corrie: Mr. Mayor, I move that we approve the final plat for Salmon Rapids subdivision
with the following conditions that there will be an updated agreement signed that the
pressurized irrigation system will be turned over to the homeowners association and then
all the other areas of comments from staff be approved and taken care of before this final
plat is signed.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to approve of the final plat by Salmon Rapids
subdivision No. 2 conditioned .upon the updated development agreement, pressurized
irrigation being turned over to the homeowners association or Nampa Meridian and staff
conditions being met. Any discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: FINAL PLAT: HAVEN COVE SUBDIVISION NO. 5,74 LOTS BY INTERWEST
DEVELOPMENT:
Kingsford: Does the Council have any question of the developer or his agent?
Morrow. General questions from both Shari and Gary that they are satisfied with the
response from Mr., their engineer Dave Collins? I noticed here in the site specific there
were almost 20 some items, 19 items site specific and 7 general comments. Have those
things been addressed by Mr. Collins satisfactorily?
Smith: Mr. Mayor, Councilman Morrow, I talked to Dave on the telephone today and we
reviewed some of the items and I received a fax from him this afternoon in written form and
made comments to our comments. I think we have a couple of things to iron out but
CCENTRAL
DISTRICT
HEALTH
DEPARTMENT
REVIEW SHEET
Rezone # _
Conditional
Prelimina4
Plat
u.
RECEIV m Boito: se
MAY 2 3 1994 ❑ Eagle
LI Garden City
C��f (� i'i1�I)� Meridian
❑ Kuna
%S/D�✓ ❑ ACZ
❑ 1. 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
❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center
❑ Beverage establishment ❑ Grocery store
13: —5�O-X,-f`d'ifT�-,W .+✓o T DATE:
,d�/'Z4VE uyA-rEez � Ty r Aocv14f-0v77f77D,J
/ �J �/ Reviewed by: ✓
cS'/1A�/p OE DI?J✓1�.e�' iia'T b ic/ au3 ,7r4 �'S 7 A;S - CDHD 10-91 rcb
proposal.
❑
4.
We will require more data concerning soil conditions on this proposal before we can comment.
❑
5.
Before we can comment concerning individual sewge disposal, we will require more data
concerning the depth of
❑ high seasonal ground water
❑ solid lava from original grade
❑
6.
We can approve this proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
®
7.
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
8.
The following plan(s) must be submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Quality:
Central sewage ❑ Community sewage system❑ Community water
❑ Sewage dry lines [? Central water
®
9.
Street runoff is not to create a mosquito breeding probelm.
❑
10.
This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
❑
11.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho
State Sewage Regulations.
❑
12.
We will require plans be submitted for a plan reiew for any:
❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center
❑ Beverage establishment ❑ Grocery store
13: —5�O-X,-f`d'ifT�-,W .+✓o T DATE:
,d�/'Z4VE uyA-rEez � Ty r Aocv14f-0v77f77D,J
/ �J �/ Reviewed by: ✓
cS'/1A�/p OE DI?J✓1�.e�' iia'T b ic/ au3 ,7r4 �'S 7 A;S - CDHD 10-91 rcb
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY • F106UNCIL MEMBERS
A Good Place to Live ■ ECOV RONALD R. TO SMA
CITY OF MERIDIAN tox 2 J994 OBE TD.ICORRE
W .MORROW
33 EAST IDAHO %.,.
j*jjL.*3A r SHARI STILES
MERIDIAN, IDAHO 83642 Planner s Zoning Administrator
Phone (208) 888-4433 • FAX (208) 8874813
Public Works/Building Department (208) 887-2211
GRAM P. KINGSFORD
Mayor
JIM JOHNSON
MID F A Op J( ai an - Planning & Zoning
0 3 MAY 1994
NAMPA & MEFRIDlAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELIPJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Roylance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
_CHARLES
HEPPER, P/Z
CENTRAL DISTRICT HEALTH
_TIM
KINGSFORD, MAYOR
NAMPA MERIDIAN IRRIGATION DISTRICT
_GRANT
TOLSMA, C/C
SETTLERS IRRIGATION DISTRICT
_RONALD
CORR1E, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
_BOB
MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
_WALT
YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
_MAX
WATER DEPARTMENT
_ BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
- SEWER DEPARTMENT
CITY FILES
DEPARTMENT
OTHER:
_BUILDING
DEPARTMENT
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's
_FIRE
DEPARTMENT
Ninemile Drain courses along the east boundary of this
_POLICE
ATTORNEY
phase of the project. The right-of-way of the Ninemile
_CITY
ENGINEER
Drain is 60 feet: 30 feet from the center each way. See
_CITY
CITY PLANNER
Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE
POSSESSION. The developer must contact John Anderson or Bill Henson at 466-0663 or 345-2431
for approval before any encroachment or change of right-of-way occurs. This District requires
that a Land Use Change/Site Development application be filed for review prior to final platting.
Contact Donna Moore at 343-1884
or 466-7861 for further information. All laterals and waste
ways must be protected Municipal
surface drainage must be retained on site. If any surface
drainage leaves the site Nampa & Meridian Irrigation District must w drainage nl ns.
It is recommended that irrieation water be made availahlp t -o all developments' within this District.
All encroachments must be a roved and must be detailed on the final plat prior to construction.
pp
Bill Henson, Foreman
Nampa & Meridian Irrigation District
27 April 1994
• 0 RECEIVED
Mike Shrewsberry
Roylance & Associates P.A.
4619 Emerald, Suite D-2
Boise, Idaho 83706
MAY - 2 1994
CITY OF MERIDIAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888.6201
Re: Los Alamitos Park Subdivision No. l
Dear Mike:
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
The Nampa & Meridian Irrigation District has reviewed the plans for
the above mentioned project. The plans indicate that all storm
water run-off will be retained on site. This will be adequate to
protect the Nampa & Meridian Irrigation District.
The Ninemile Drain courses along the west side of Phase I. The
District does maintain an eighteen foot maintenance road along the
west side of this drain. The easement on the Ninemile Drain is 60
feet: 30 feet from the center each way. I recommend that you
fence off of the District's easement. If there is a need for
encroachments, we need to see more detail and the District will
require an agreement for the encroachments.
The District will need to see detail of the crossings of the
Ninemile Drain. So that the District does not damage the lines
when cleaning the silts from the drain, the sanitary sewer line
must cross under the drain a minimum of four feet and the water
line must cross under the drain a minimum of three feet. In this
area, the District requires that you concrete line at grade 15 feet
from the center both ways. The concrete lining is to continue up
the side walls to a minimum of one foot above high water mark.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23 000
BOISE PROJECT RIGHTS - 40,000
0
27 April 1994
Mike Shrewsberry
Page 2
•
Contact the District's attorney, Andy Harrington, at 342-4591 and
request that he prepare a License Agreement for crossing. After
the agreement has been prepared and signed it will go before the
District's Board of Directors at the next available Board meeting
for their approval. once this has been completed, you can proceed
with the construction.
This review has been for Los Alamitos Park Subdivision No. 1 and no
other phases. As more phases are developed, the Nampa & Meridian
Irrigation District will need to do a review with the same criteria
(a Land Use Change Application and two complete sets of plans).
Please feel free to contact me if further discussion is required
regarding this matter.
Sincerely,
John P. Anderson
District Water Superintendent
pc: Each Director
Secretary of the Board
Andy Harrington
Jo Sharp
ty of Meridian
Ada County Development Services
Bill Henson
Rider 4
File
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS. City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
0 HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO.
MERIDIAN, IDAH0:83642
Phone (208) 888-4433 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
April 30, 1994
Mr. Marty Goldsmith
Farwest Developers
4550 W. State St.
Boise, ID 83706
RE: Los Alamitos Park Subdivision
Dear. Marty,
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 6 Zoning Administrator
JIM JOHNSON
Chairman • Planning & Zoning
DECEIVED
M AY - 2 1994
CITY OF MERIDIAN
As we have discussed in the past, and as you point out in your April 22, 1994 letter, it is my desire
to locate a city well on a lot in Los Alamitos Park or Salmon Rapids Subdivision to help provide
domestic water for the expected growth in this area. I appreciate your willingness to provide a 100
foot square lot for this purpose.
In the Vineyards Subdivision the City of Meridian did credit the value of the lot for Well No. 15
against this subdivisions "in lieu of pressurized irrigation well development fund fees." However, as
you know, our City Council is stressing the importance of the installation of pressurized irrigation
systems and any waiver of this ordinance requirement must be approved by them.
The preliminary/ concept plat of this subdivision shows that approximately 140 lots could be platted.
The present assessment rate of $406.00 per lot will require a payment of $56,840 if the "in lieu of
pressurized irrigation well development fund fees" was allowed. This, I believe, exceeds the value
of a municipal well lot so other improvements would be required if the City Council approved your
request for waiver.
Again, our Mayor and City Council's desire is to have residential developments construct pressurized
irrigation systems utilizing other than city domestic water sources.
:Soinrely,
Gary D.1mith, PE
City Engineer
cc: File
Mayor and City Council
• • 06479 GLENWOOD, SUITE A
MQA Bay ilger, Inc BOISE, ID 83703
(208) 853.2001
General Con�ctnr & Developer
VINEYARDS #3 WELL LOT AGREEMENT
(Lot 7. Block 1. Corner at The Vineyards #2)
1. Boesiger has deeded the lot to the City of ]Meridian.
2, Boesiger will require in the CC&R's that The Vineyards
Homeowner's Association will maintain the landscaping.
3. Doesiger will install an automatic sprinkler system, sod
and landscaping for the entire lot upon completion of the
well building.
1. City of Meridian will construct the well building with
minimum 25 year architectural shingles.
2. City of Meridian will credit $17.190. to the well
development fee for The Vineyards #3 and $3,000. to the
well development fee for the proposed Vineyards #4.
3. By this agreement. the City of Meridian grants an
easement on the lot to The Vineyards HOA for landscape
maintenance and pedestrian access.
'-SELMONT`PAJT
APPROVED% f}�
' r`J`-""
Max A. Boesiger, Inc.
Richard Boesiger. V.P.
Project Manager
City of ridian
EAGLE POINTE
-' 01 WN3114—TE
RECEIVED
May 12, 1994 MAY 1 2 1994
CITY -OF MERIDIAN
City of Meridian
Attn: Will Berg
33 E. Idaho
Meridian, Idaho' 83642
Will:
This is a formal request for reimbursement for lot. 2, block 2 Los
Alamitos Park a proposed well lot. We would like to see payment in
one Of the two following forms:
1. By check, made payable to Farwest Developers, -or
2. Waive pressurized irrigation and credit the cost of the
lot against the well fund deposit. ,
Also, I can see a potential for Meridian City -to pay for a '3 acre
school/park site in Los Alamitos Park in,exchange for waiving the
pressurized irrigation requirement and crediting the agreed sales
price against the required cost of contributing into the well
development fund.
I would like to confirm the agenda date of 17th of May for Los
Alamitos Park and Salmon Rapids plat hearing. Please get back -'to
me regarding my questions and concerns as soon as possible. Thank
you for your time.
Thank you,
7
Marty Goldsmith
ze-a
0 0
FAX TRANSMISSION COVER PAGE
.<-4Ak
To: tth FAX
Subject:
Total Number of Pages Including cover page: A
Special instructions or message:
1;
�r ,4 07i�l�.'
PLEASE ADVISE IF YOU DO NOT RECMTVE ALL OF THE PAGES TRANSMITTED
9► .9 .9�Wr s�Jar /AFJxrsaw
Told
April 27, 1994
City of Meridian
Attn: Sherri Styles
33 E. Idaho
Meridian, Idaho 83642
Sherri:
•
RECEIVED
APR Z 8 1994
CITY OF MERIDIAN
As requested by the City Council, I was asked to fill out a formal
waiver form for pressurized irrigation. I have not received a
formal application, which I have made many attempts to pick up. In
lieu of a formal application, I have submitted letters fulfilling
Meridian City Council's requirements to apply formally for a waiver
of pressurized irrigation. Please call me if there are any
questions or comments.
Thank you,
Marty Goldsmith
CC: Will Berg
Gary -Smith
a5 c ',7 �r
!306'/ 198•.4ir%i�
PRESURRIZED IRRIGATION
WAIVER APPLICATION
4350 7 male AM ,�aW, FJ706 �108j JJ8,9708
Y&O(WIledlee -91ep&�ellvj
INCLUDED IN THIS PACKAGE ARE THE FOLLOWING ITEMS:
1. LETTER TO SHERRI STYLES FROM MARTY GOLDSMITH
2. NOTES FROM WILSON, CARNAHAN AND MCCOLL ADDRESSED TO THE COUNCIL
3. LETTER TO GARY SMITH FROM MARTY GOLDSMITH
4. LETTER TO THE COUNCIL FROM ROYLANCE AND ASSOCIATES
5. STATEMENT REGARDING PRESSURIZED IRRIGATION
4530..fate .�nCe�, wa umf
/r0e/ IYAR 0W
April 27, 1994
City of Meridian
Attn: Sherri Styles
33 E. Idaho
Meridian, Idaho 83642
Sherri:
•
As requested by the City Council, I was asked to fill out a formal
waiver form for pressurized irrigation. I have not received a
formal application, which I have made many attempts to pick up. In
lieu of a formal application, I have submitted letters fulfilling
Meridian City Council's requirements to apply formally for a waiver
of pressurized irrigation. Please call me if there are any
questions or comments.
Thank you,
MartyJ Goldsmith
CC: Will Berg
Gary.Smith
ssso �'! 5� 3�Idfo e�Io6 /pos/ �sa,��ox
MAY 16 1994
SUBDIVISION EVALUATION SHEET CYTY OF x ER1D1Aii
Proposed Development Name LOS ALAMITOS PARK SUB NO. 1 City MERIDIAN
formerly SAGEHEN ESTATES
Date Reviewed 5/12/94 Preliminary Stage Final XXXXX
Engineer/Developer Roylance & Assoc. / Farwest Developers
The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee
per the requirements of the IDAHO STATE CODE.
Date
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 existing street names shall aggear on the olat as:
"S. LOCUST GROVE ROAD"
The following new street names are approved and shall appear on the plat as:
"S MR TINKO PLACE"
"E. TIME ZONE DRIVE"
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITT
Ada County Engineer
Ada Planning Assoc.
Meridian Fire District
John Priester
Terri Raynor
Representative
3 DESIGNEES
Dates 1Z
_ZW
Date
Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex
Street Index
NUMBERING OF LOTS AND BLOCKS AD Lo120 XA10A Z 4 of
TRISUBSISM_CITY.FRM C, lws Mid
0 0
2
Q
�'e
• SUPERINTENDENT OF SCHOOLS
Bob L. Haley
nC� DEP TY SUPERINTENDENT
Dan Mabe, Finane & Administration
DIRECTORS
in Sheryl Belknap, Elementary
Jim Carberry, Secondary
Christine Donnell, Personnel
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT NO.2
911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701
May 4, 1994
City of Meridian
33 East Idaho
Meridian, Idaho 83642
RE: Los Alamitos Subdivision
Dear Councilmen:
RECEIVED
MAY 0 6 1994
CITY O1; MERIDIAN
I have reviewed the application for Los Alamitos Subdivision
and find that it includes approximately 28 homes at the median
value of $130,000. We also find that this subdivision is located
in census tract 104.01 and in the attendance zone for Mary
McPherson Elementary, Lake Hazel Middle School and Meridian
High School.
Using the above information we can predict that these homes, when
completed, will house 12 elementary aged children, 9 middle
school aged children, and 7 senior high aged students. At the
present time Mary McPherson Elementary is at 120% of capacity,
Lake Hazel Middle School is at 114% of capacity and Meridian High
School is at 116% of capacity.
The Meridian School District is not opposed to growth in our
district, however this subdivision will cause increased over-
crowding in all three schools. There is little opportunity to
shift attendance boundaries since the surrounding schools are
also well over capacity. Before we could support this
subdivision, we would need land dedicated to the district or at
least made available at a minimum price for a school site in this
area. The site would need water and sewer service available. In
addition we would need to pass another bond issue for the
construction of schools.
The cost per student for newly constructed schools, excluding
site purchase price and offsite improvements, exceeds $5,000
per elementary student and $10,000 per middle or high school
student.
We are in a difficult position and need your help in dealing with
the impact of growth on schools.
Sincerely,
Dan Mabe
Deputy Superintendent
DM: gr
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
• HUB OF TREASURE VALLEY •
COUNCIL MEMBERS
A Good Place to Live RONALD R. TOLSMA
CITY OF MERIDIAN AX YERRINGTON
WALTW MORROW
33 EAST IDAHO�1DIHARI STILES
Hoer s zoning Administrator
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
JIM
MAY 12 1994--- JOHNSON
an -Planning 8 Zoning
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, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE- 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Roylance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER: / /, q V -
YOUR CONCISE REMARKS:
;eW,_,_B0Lj -e rs
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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, may we have your answer by:
•
TRANSMITTAL DATE: 4/29/94
HEARING DATE: 5/17/94
HUB OF TREASURE VALLEY
BY: Farwest Developers and Roylance
OFFICIALS
A Good Place t0 Live
COUNCIL MEMBERS
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
RONALD R. TOLSMA
WILLIAJANICE
MAX YERRINGTON
L. ASS,BERCity T easurClerk
JANICE L. GASS, City Treasurer
CITY OF MERIDIAN
ROBERT D. CORRIE
GARY D. SMITH, P.E. City Engineer
ADA COUNTY HIGHWAY DISTRICT
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO.
SHARI STILES
JOHN T. SHAWCROFT, Waste Water Supt.
NAMPA MERIDIAN IRRIGATION DISTRICT
Planner &zoning Administrator
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
IDAHO POWER CO.(PRELIM & FINAL PLAT)
W.L. "BILL" GORDON, Police Chief
U.S. WEST(PRELIM & FINAL PLAT)
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 8874813
Chairman - Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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, may we have your answer by:
MAY - 3 1994
CITY OF MERIDIAN
May 10
TRANSMITTAL DATE: 4/29/94
HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Roylance
and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
_CHARLES
HEPPER, P/Z
CENTRAL DISTRICT HEALTH
_TIM
KINGSFORD, MAYOR
NAMPA MERIDIAN IRRIGATION DISTRICT
_GRANT
TOLSMA, C/C
SETTLERS IRRIGATION DISTRICT
_RONALD
CORRIE, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
_BOB
MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
_WALT
YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
_MAX
_WATER DEPARTMENT
DEPARTMENT
BUREAU OFCLAMATION(PRELIM & FINAL PLAT)
CITY FILES /
_SEWER
DEPARTMENT
OTHER: '
_BUILDING
_FIRE DEPARTMENT YOUR CONCISE RE ARKS:
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
DECEIVED
MAY - 3 1994
CITY OF MERIDIAN
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GRANT L AMBROSE (191.561%3)
JOHN 0. ITIZGERALD, PA.
WAYNE G. CROOKSTON, JR, PA.
WILLIAM J. SCHWARTZ
JOHN O. MZGERAID 11, PA.
PETER W. WARE, JR.
0 •
"BROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS AT LAW
Brian F. McColl
WILSON, CARNAHAN & McCOLL
420 West Washington
P. 0. Box 1544
Boise, ID 83701
1530 WEST STATE - P.O. BOX 427
MERIDIAN, IDAHO 83680
THIS FIRM INCLUDES
PROFESSIONAL CORPORATIONS
June 5, 1995
RE: FARWEST DEVELOPERS, INC.
Dear Brian:
TELEPHONE CM)11014"1
FACSIMILE (M) 885~
RECEIVED
J U N - 5 1995
CITY OF MERIDIAN
I received your letter, dated May 2, 1995, on May 10, 1995.
I apologize for the delay in responding.
You asked that I respond to the claims raised concerning the
last three (3) incidents in your letter. Those incidents relateto
Hunts Bluff Subdivision No. 2, regarding height restrictions,
house
sizes in Salmon Rapids Subdivision No. 2, and the house sizes in
Los Alamitos Park No. 1.
In regards to the Hunts Bluff height restrictions on houses,
this matter came up as a result of the City receiving a complaint
from an owner of adjacent property. I believe he lives in Meridian
Greens. He stated that Mr. Goldsmith had indicated that there
would not be two story homes near his property. Mr. Goldsmith did
state at a hearing regarding a variance that he would not construct
two story homes on the lots fronting Meridian Greens if he was
required not to. There was also a memorandum from Wayne Forrey,
who was an employee of the City at that time, pertaining to Hunts
Bluff No. 2 which stated, in essence, as follows:
"Because developer committed to building height and
roofing material restrictions ... approval by the City
Council should be contingent upon complete file
review ... to verify compliance with all development
issues."
I addressed this issue with the City Council and indicated to
them that there were no height restrictions specifically placed on
this property and that there was no authority to place height
restrictions now. It was my understanding that a builder was
•
delayed in the construction of a two story home, but was allowed to
finish his project. It was also my understanding that this matter
was going to be discussed with Mr. Goldsmith to see if it could be
agreed that, on lots adjacent to Meridian Greens, no further homes
would be built that were two story in height. I do not know the
final status of any discussions.
In regards to the home sizes in Salmon Rapids No. 2, the
Findings of Fact and Conclusions of Law for the annexation state
that there will be 1,500 square foot homes within 500 feet of
Meridian Greens. The preliminary plat application states that the
homes would be 1,400 square feet, but the final plat application
states that the homes would be at least 1,500 square feet and on
the final plat, it lists 1,800 square feet as being the mandatory
requirement.
In regards to the home sizes in Los Alamitos Park, the
Findings of Fact and Conclusions of Law state that the R-4 house
size requirement applies, which is 1,400 square feet. However, the
Los Alamitos Covenants, Conditions and Restrictions require 1,500
square feet as a minimum for house sizes. Also, the final plat
application received by the City on April 14, 1994, states that the
minimum square footage of the structures would be 1,500 square
feet.
Therefore, from the above, it can be seen that one builder was
slowed down while the City of Meridian considered the issues
regarding two story houses in Hunts Bluff, but to my knowledge the
matter has been resolved. With regard to the house sizes in both
Salmon Rapids and Los Alamitos, the City is not requiring a larger
house size than Mr. Goldsmith asked for and submitted on his final
plats. I don't believe therefore, that the City of Meridian is
causing any more hardship on Farwest Developers, Inc., which as I
understand it, is basically Marty Goldsmith, then they requested to
have placed upon them.
If you have any further questions, would you please
communicate them to me and I will try and respond to them.
n
Very truly yours, ;-
WAY#E G. CROORSTON,
WGC/jld
cc: William Berg
Meridian City Clerk
E Yal,%Ve
July 11, 1995
Anna Doty
Meridian City Hall
33 East Idaho Avenue
Meridian, Idaho 83642
Ms. Doty;
JUL 13 1995
CITY OF
I request that you provide copies of some of the applications we have submitted while
developing real estate in Meridian. What I need are preliminary and final platt
applications for both Salmon Rapids and Los Alamitos Park Subdivisions for both
phases One and Two. This will be two applications for each of four projects. We will
provide courier service when you have prepared the documents. Please call us when
you are ready.
�Thank You /
e en erson
city5-01.doc
�i:1e, .i�n�,n �f'.9%2Y �f'Or9� .9.YrS'-9%OX <�a• �f'08� .3.YR.3'�9<
WIRON, CARNAH-A.N & MOLL
JeFFReY M. WILSON
DeBRMA JO CARNAHAN
BRIAN F. MCCOLL
STe►M ANIS J. WILLIAMS
-AOMITT[O IN 10AM0 ANO 00i00N
Wayne G. Crookston, Jr.
Meridian City Attorney
P.O. Box 427
Meridian, Idaho 83642
LAWYERS
420 WEST WA6MINGTON
POST OFFICE BOX 1344
Boise. IOAMO 63701
POST oFFICe BOX 321
ONTARIO. ORCGON 07014
July 25, 1995
Re: Salmon Rapids and Los Alamitos Park Subdivisions
Dear Wayne:
I enclose copies of the following documents:
T6L6►MONe
(206) 348.0100 • IDAMO
(803) 661.1100 • OReGON
FACSIMILC
(206) 364.0442
1. Declaration of Covenants, Conditions and Restrictions of Los
Alamitos Park Subdivision;
V2. Amendment of the Declaration of Covenants, Conditions and
Restrictions of Los Alamitos Park Subdivision (to bring Phase II
into the original CC&Rs).
/3. Amendment of the Declaration of Covenants, Conditions and
Restrictions of Salmon Rapids Subdivision (to bring Phase II into
the original CC&Rs).
V 4. Amendment of the Declaration of Covenants, Conditions and
Restrictions of Salmon Rapids Subdivision (to change the original
CC&Rs re: the pressurized irrigation pipe system).
As you will see, any reference to the irrigation system being owned, operated
and/or maintained by the Homeowners Association has been deleted and the Nampa -
Meridian Irrigation District put in its place.
Yours sincerely,
McMed without signature to avoid delay.
BRIAN F. McCOLL
/sl
f
28 July 1995
Marty Goldsmith
Farwest Developers
4550 West State
Boise, Idaho 83703
�...J.°-� .mss ... ..
JUI._ !
Vaerw
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208.888-6201
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
Re: Piping the Hunter Lateral through Los Alamitos Subdivision
Dear Marty:
Nampa & Meridian Irrigation District's engineer has reviewed the
flow calculations which the District furnished to you for the
Hunter Lateral as the lateral courses through the proposed Los
Alamitos Subdivision. The review by the District's engineer shows
that 48" (forty-eight inch) pipe will be more than adequate for the
1500 miners inches of flow. Your calculations show substantial
more water in the Hunter Lateral.
You have suggested that Nampa & Meridian Irrigation District own
and operate the irrigation system in Los Alamitos Subdivision and
we endorse this action. However, if the District is to operate the
system, we must have a contract and we must be able to inspect and
comment on the system. If the we are to operate the pressure
irrigation system, please contact us and we will direct you to the
individual who can help you start the necessary paper work.
If Nampa & Meridian Irrigation District is not going to operate and
maintain the pressure irrigation system, then your pump station
must be moved out of the Ninemile Drain since the District is the
only entity authorized to pump out of the drainage system.
Please feel free to contact me if further information is required.
Sincerely,
Bill Henson
Assistant Water Superintendent
pc: Each Director
Secretary of the Board
District Water Superintendent
Steve Mahaffy
Trish Cooper
LSirty of Meridian with calculations
Rider 4 APPROXIMATE IRRIGABLE ACRES
File RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
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RECEIVED
AUG 16 1995
CITY OF MEKIUTAR
'y1a�r�Ci �i rilZe�ztdiasc �Ivugutioci ?>ta.�zict
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
15 August 1995 OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Steve Mahaffy Boise 345-2431
Ringert Clark Chartered
P. O. Box 2773
Boise, ID 83701
RE: Los Alamitos Sub - PUIS Contract
Dear Steve:
I have enclosed a copy of a letter written to Bill Henson from
Marty Goldsmith, dba Far West Developers, dated 9 August 1995. In
the second paragraph it states they are planning on giving Nampa &
Meridian Irrigation District the pressure urban irrigation system
when complete.
Please make the necessary contact with Marty Goldsmith, dba Far
West Developers, 4550 West State Street, Boise, Idaho 83703, to
begin the contract process.
Sincerely,
Patricia A. Cooper,
Assistant Secretary/Treasurer
PAC/dnm
cc: File
Each Director
Secretary/Treasurer
Water Superintendent
Asst. Water Superintendent
&.-,'City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
-`/,lJ,��� �P.G��j • RECEIVED
ncto cr 27, L ^t
City of Mer-;dJLal
Attn Villi. Berg
33 E. Idaho
1--ridian, 83164
0 C T 3 1995
CITY OF MERIDIAN
Wi 11
t e ,; ,., : ^*4
1. An agenda date of Nov. Stn Meridian City Council:
a. Non dc.velopment agreement for Luh Alamitos #2
b. Anni�xa.tion ordinance prelim plat Los Alamitos #3
C. Annexation ordinance for Salmon Rapids #3
2. Can 'vvc rFi.civ"'= IGS n -F our sc,,,,edjled apDearances, prier
to j_,ubliC hearings
1 c e. � c C'� I t t .i Los i �iiTi l t J ti= is
You, in iea.e•nt LGi o,f C:'"t_.:d.... for t�.e cu
ioNiaC emsii at u:J5 GJ ,f Al .t!: a1fJras t vG_lit-:. L%
Lot !A and the 'Nine .1,111 le Drain
Tri rx}c !est: �.'Ct�r C'^ i1 if :o_: ir•r :; b loIYu. paeasa "Ase, rte'... to
Thank ,you,
1
ildrt�� CiGdsTiit."1
45.50 `�. �ade .�niac, .��a 8370.9' �,�^08� 998-9708 .��.z.• �e'08� .9.�8-.x'790
P-139815 DP
95078133
` PIONEER TITIN
;0
A FAMM CDMP&nY
PIONEER TITLE COMPANY 8 01 S i J
OF ADA COUMY
8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2M OCT 25 Lf E3
I
FEE
RECGf _ 01
ACCOMMODATION
WARRANTY DEED
(CORPORATE PORI)
FARWEST DEVELOPERS, INC. ,acorporation
organized and existing under the laws of the State of Idaho, with its principal office at 4550 W. STATE STREET
BOISE, ID 83709 of County of ADA ,State of Idaho,
grantor, hereby CONVEYS or GRANTS and WARRANTS TO CITY OF MERIDIAN
grantee
of 33 EAST IDAHO MERIDIAN, ID 83642 for the sum of
TEN DOLLARS AND N0/100
DOLLARS,
the following described tract(s) of land in ADA County, State of Idaho:
LOT 1 IN BLOCK 2 OF LOS ALAMITOS PARK SUBDIVISION NO. 1,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 70 OF PLATS AT PAGES
7131 AND 7132, RECORDS OF ADA COUNTY, IDAHO.
Location of above described property
House No. Street
The officers who sign this deed hereby eertify that this deed and the transfer represented thereby was duly authorized
under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a
quorum.
In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers this oU% day of JULY , AD. 1995
FARWEST DEVELOPERS. INC.
(CORPORATE NAME)
By: 'PU)SKITH
�Dro/J
Attest:
SECRETARY
STATE OF IDAHO , County of ADA 'ss.
V>
On thisday of MY , in the year of-LU5-_, before me
LESL„3OTTS , a notarypublic, per-
son
t8 auto be the person—who executed the instrument on behalf of said corporation, and acknowledged
t{f� (Fiat ration executed the same.
• O *?
�,t• PUB�'�G oi' Notaryl'ubGc SG�� `�—
•�� •�••• �5� Residing at: AnTSF. TD.0
f TB 0410 My Commission Expires: 3/8/2000
IDAHO DEPARTMENT
OF HEALTH AND WELFARE
DIVISION OF
,,rq+� ENVIRONMENTAL QUALITY
1445 North Orchard, Boise, ID 83706-2239. (208) 334-0550
December 15, 1995
Farwest Developers
4550 West State Street
Boise, ID 83703
RE: Los Alamitos Park Subdivision No. 2, Phase 1
Water and Sewer Lines
Meridian/Ada County
Ladies and Gentlemen:
REECEIVED
D E C 19 1995
CITY OF MERIDIAN
Philip E. Batt, Governor
Your plans and specifications appear to meet State of Idaho standards and are approved subject to the conditions listed
below. By copy of this letter, we advise that minor revisions have been made to the plans approved by the City of
Meridian. We recommend that the Central District Health Department lift sanitary restrictions on this development.
1. This approval is only for construction of Phase 1; Phase 2 will be reviewed separately.
A temporary blowoff is required on the 8 -inch water line at the north end of Bayou Bar Way.
The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of the approval. This
approval will expire in December, 1996. If construction is not completed by this expiration date, plans must be
resubmitted to DEQ for review and approval before further construction may proceed. This approval may be
rescinded, and sanitary restrictions reinstated, if the project is improperly constructed or maintained.
Any major changes or changes that would result in violations of Idaho regulations must be reviewed by this office
prior to construction.
Construction must be supervised by a professional engineer registered in Idaho. Within thirty days after construction,
this engineer must provide this office with as -built plans or a letter of certification stating that the project was installed
substantially in accordance with the approved plans.
The project area is greater than five acres. If the area to be disturbed exceeds five acres and, during construction,
storm water from the project area could reach waters of the United States, contractors must obtain an NPDES permit
from the U.S. Environmental Protection Agency (EPA). A Notice of Intent (NOI) for storm water discharge must
be filed with the EPA at least two days prior to the start of construction. For details, contact Joe Wallace with the
EPA at (206) 553-8399.
Sincerely,
Bill Freem
Water Quality Engineering Specialist
Tom Schmalz, Central District Health Department
Gary D. Smith, City of Meridian
Roylance and Associates, PA
Joe Wallace, EPA -Seattle
Source File W2, Engineering Correspondence; Reading File
CENTRAL • •
•• ' DISTRICT
HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500
To prevent and treat disease and disability, to promote healthy lifestyles; and to protect and promote the health and quality of our environment.
96-049
February 1, 1996
David Navarro
Ada County Recorder
650 Main Street
Boise, ID 83702
RE: Los Alamitos Subdivision, #2, Phase 1
Dear Mr. Navarro:
REcF '"F -IJ
F F H 0 5 1996
CIT oe MERIDIAN
Central District Health Department, Environmental Health Division
has reviewed and do approve the final plat on this subdivision for
central water and central sewer facilities. Final approval was
given on February 1, 1996.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sincerely,
Thomas E. Schmalz, E.H
Senior Environmental Health Specialist
cc: Tom Turco, Environmental Health Director
Martin O. Jones, Environmental Health Supervisor
HUD
City of Meridian
Far West Developers
Roylance and Associates
ADA / BOISE COUNTY OFFICE
707 N. Armstrong Place
Base, ID 83704-0825
Ph. 375-5211
Serving Valley, Elmore, Boise, and Ada Counties
ELMORE COUNTY OFFICE
520 E. 8th Street North
Mountain Home, ID
83647 Ph. 587-9225
LJ
VALLEY COUNTY OFFICE
P.O. Box 1448
McCall, ID 83638
Ph. 634-7194
Ada County Planning & Zoning
413 E. Idaho Street
Boise, ID
Attn: Terry Raynor
We, the undersigned, are residents of S. Mr. Tink Place in Los Alamitos subdivision, city
of Meridian, Ada County, Idaho. We are requesting our street name be changed from S.
Mr. Tink Place to Belmar Place.
Thank you for your review and consideration of this request.
NAME
/. - . 1 1� - 0 1
c/ City of Meridian Planning & Zoning
Ada County Street Name Committee
ADDRE S S/DATE
,CAS ?
w,rrAt MkC--3EL(,_
C e -2446
LVED • +�
CE RECEIVED
AUG 2 1162
ROAD EVALUATION SHEET "�IAN
'•• - •ll-•♦ -b • Mick Bell,
Date Reviewed 8/22/96 Application: Los Alamitos Sub (Mr. Tink Place"
The Street name comments listed below are made by the members of the ADA COUNTY STREET NAM E
COMMITTEE (under direction of the Ada County Engineer)regarding this street name change in accordance Wit
the Meridian City Street Name Ordinance. Approval to change a street name is done by the City of Meridian with
committe recommendations.
DELMAR
FELDSPAR
The above stred name comments have been read and approved by the following agency representatives of
the ADA COUNTY STREET NAME COMMITTEE. ALL of the signature st be secured by the representalliv
or his designee in order for the street names to be officially approved.
ADA COUNTY STREET NAME
Ada County Engineer
Ada Planning Assoc.
City of4eise NIqemqf,1
!-�s�►C MJ
e -Dept.
John Priester
Terri
Representative
Representative
OR DESIGNEES
Date
Date c�ci
Date
Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engine®It the time
of signing the "final plat", otherwise the plat will not be signed !!!!
Street Index 3N 1E 20 Section
5052213
AD4 G". R:E00RDER
CMVED AFFIDAVIT OF CORRECTION J. DAV IO "IAVARRO
AUG - 7 1995BOISE IBJ
LOS ALAMITOS PARK SUBDIVISION NO. 1 3
CITY OF MERIDIAN "
�441
'95 JUL 31 Pit 2 10
I, David H. Roylance, hereby certify that I am a Land Surveyor licensed in the State of Idaho
and that the plat of Los Alamitos Park Subdivision No. 1 in the North 1/2 of thgDU-
irwest-j14,r
Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, IdaioCwas`pr'epared"=QuEsT
under my supervision; and further certify that Note 4 and Note 13 on the first page of the final plat
are incorrect. Note 4 should correctly read "THIS SUBDIVISION IS SUBJECT TO THE
REQUIREMENTS OF THE UNIFORM BUILDING CODE (UBC) AS REGULATED BY THE
CITY OF MERIDIAN. MINIMUM LOT SIZES FOR THE R-4 ZONE APPLY. HOUSE SIZES
SHALL BE A MINIMUM OF 1500 SQUARE FEET AND ALL DRIVEWAYS SHALL BE A
MINIMUM OF FIVE (5) FEET FROM THE SIDE PROPERTY LINES". Note 13 should
correctly read "LOT 1 -BLOCK 2 SHALL BE RESERVED AS A WELL LOT FOR THE CITY OF
MERIDIAN. LANDSCAPING WILL BE MAINTAINED BY HOMEOWNERS ASSOCIATION.
State of Idaho }
} ss
County of Ada}
O'1 L3c (`t4`
On this 31 st day of July, 1995, before me, a Notary Public in and for said State, personally
appeared DAVID H. ROYLANCE, known to me to be the person whose name is subscribed to the
above document, and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and seal on the day and year last above
written.
cAwordtext114481aff1davt.507
Notary Public residing at
My Commission expires /'?
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Roylance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
•
•
HUB OF TREASURE VALLEY
OFFICIALS
COUNCIL MEMBERS
A Good Place to Live
WILLIAM G. BERG, JR., City Clerk
RONALD R. TOLSMA
MAXYERRINGTON
JANICE L. GASS, City
CITY
OF MERIDIAN
ROBERT RR E
eer
GARY D. SMITH, P.E. City Engineer
MOR
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
Planner & Zoning Administrator
W.L. "BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 887-4813
Chairman - Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
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, may we have your answer by:
May 10
TRANSMITTAL DATE: 4/29/94 HEARING DATE: 5/17/94
REQUEST: Final Plat for Los Alamitos Subdivision
BY: Farwest Developers and Roylance and Associates
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove Road and
South of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
Roylance &
A619 Hrli M $%ME) 2.
April 25, 1
t OhO 0106
Sherry Stile
Planning Di odor
City of Mari ian
33 East Ada Street
Meridian, 83642
RE:
Dear
P.A. Enonows a Surveyors • Londplonners
Project No. 1448
IoWphorwe (208) 3367390 Far (206) 3367301
of Conformance, Los Alamitos Park Subdivision Final Plat
Please be informed that the aforementioned final plat conforms with all
applicable irements and provisions for final plats as specified by Section 9-
004-H of I City of Meridian Subdivision and DeveioprimV Ordinance, with the
preliminary at approved by the City Council, end with acceptable engineering
and survo ' practices and standards for the local area.
Sincerely,
AW'51"so
Mike Shrew berry,
Project Marippr
• •
WILSON, CARNAIIAN & MCCOLL
JEFFREY M. WILSON
DEBRHA JO CARNAHAN
BRIAN F. MCCOLL
STEPHANIE J. WILLIAMS'
'ADMITTED IN IDAHO AND OREGON
Meridian City Council
33 E. Idaho Ave.
Meridian, Idaho 83642
LAWYERS
420 WEST WASHINGTON
POST OFFICE BOX 1544
BOISE. IDAHO 83701
POST OFFICE BOX 321
ONTARIO, OREGON 93914
April 27, 1994
TELEPHONE
(208)34 5-9100 - IDAHO
(503) 881-1100 - OREGON
FACSIMILE
( 208) 384-0442
Re: Salmon Rapids Subdivision/Los Alamitos Park Subdivision
Gentlemen:
My client, Marty Goldsmith, has requested that the referenced Subdivisions
be waived from Section 9-606(b)(14) of the Subdivision and Development
Ordinance. In addition to meeting the precise ordinance waiver requirements
(deeding the City a well site in the case of Los Alamitos Park Subdivision and
inadequate water rights in the case of Salmon Rapids Subdivision) there are
extenuating circumstances justifying the grant of these waivers.
As background, the status of these Subdivision Applications is:
1. January 31, 1994: P & Z Findings of Fact and Conclusions of
Law.
2. March 15, 1994: Public Hearing on annexation, zoning and
Preliminary Plat with annexation and zoning granting.
3. April 5, 1994: Annexation and zoning ordinances (ordinance
Nos. 639 and 640) executed.
Although the ordinance requires subdivisions to develop pressurized irrigation
systems absent a waiver, the proceedings before the Council on these and other
subdivisions have been, at best, confusing on this issue. At the March 15 public
hearing there was no mention of a pressurized irrigation system with respect to the
Salmon Rapids Subdivision. Los Alamitos followed on the agenda and when the
Meridian City Council
April 27, 1994
Page 2
issue was discussed, the Mayor with the support of the City Attorney, repeatedly
(Page 39, 40 and 46) advised Mr. Goldsmith that, although the Council thought it
was a good idea, they could not require a pressurized irrigation system without
passing a further ordinance. Specifically, the Mayor indicated (on Page 46) that it
was the Council's recommendation that the developers use surface water for
irrigation ... that the Council needed an ordinance to justify it .. and that he
would recommend that there be a public hearing on such an ordinance by the next
meeting. Under these circumstances, Mr. Goldsmith requested that he be
permitted to deposit into the well fund, but further implied that if he was going to
be the first developer required to install a pressurized irrigation system, that other
developers ought to be on notice that the same would be required of them.
When the annexation and zoning ordinances were signed they did not
require, as a condition of annexation, the development of individual pressurized
irrigation systems for either of these subdivisions.
Hearings were held for Preliminary Plat approval for both subdivisions was
granted at the April 19, 1994. In the interim, my client understand that several
subdivisions have obtained annexation, zoning and plat approval without the
requirement of the irrigation systems. In fact, as late as April 5, 1994 at the public
hearing for Preliminary Plat approval of Finch Creek Subdivision, on the issue of
whether a pressurized irrigation system was mandatory or voluntarily, responding
to inquiries from the Mayor, the City Attorney indicated that the ordinance still
permitted the developer to go either way. The confusion continued with
Councilman Morrow stating in summary:
I have no further questions, it seems to me like basically
we are in a Catch 22 position. We need the pressurized
irrigation and we can't force anybody to put it in at this
point in time until we have the ordinance. By the same
token, Mr. Goldsmith's comments are absolutely correct
if nobody else is going to do it voluntarily, neither should
we require him to do it until we have the ordinance. My
direction here would be that we move to approve the
Preliminary Plat as submitted. And I hope that by the
time it becomes a final plat before us here that the
pressurized irrigation is a part of the package. And I
understand that would be strictly voluntary on their part.
Meridian City Council
April 27, 1994
Page 3
It would seem that the Council needs clear legal guidance as to whether a
pressurized irrigation system can be required under the existing ordinance. If the
answer is in the affirmative, then the policy ought not to be applied retroactively
just to Mr. Goldsmith. Would it not be better to grant Mr. Goldsmith the waivers
he has requested and for which he has legal grounds under the existing ordinance
and then for future developments, uniformly require the pressurized irrigation
systems.
I appreciate consideration to this matter and would be happy to discuss any
questions that arise.
Yours si cerely,
Z `(
a
BR F. c
BFM/sl
cc: Marty Goldsmith
Gary Smith
Wayne Crookston
April 22, 1994
Gary Smith - Meridian City Engineer
Meridian City Hall
33 West Idaho Street
Meridian, Idaho 83642
RE: Request wavier of Section 9-606.B 14 Development Ordinance
for Los Alamitos Park and Salmon Rapids.Subdivisions
Mr. Smith;
At the city council meeting on April 19, 1994 you requested that
I submit to you a request for a waiver of Section 9-606.B 14 of
the municipal Subdivision and Development Ordinance. This ordi-
nance requires irrigation systems be provided in all new subdivi-
sions unless waived within one of three scenarios. A.) proof is
presented that the parcel does not have water rights from an
existing irrigation district. B.) the developer provides a well.
C.) the developer deposits funds with the city to provide addi-
tional water for combined water service to several subdivisions.
With respect to Los Alamitos Park, we would like to assist the
City of Meridian in providing for additional water for several
subdivisions. We would like to have our requirement for pressur-
ized irrigation be waived for payment to the city according to
scenario "C" above. Rather than making a cash payment we would
like to deed the City Lot 2, Block 2 of Los Alamitos Park Subdi-
vision for a well sight. The value of land we propose to provide
is approximately $30,000 (equal to a $400 deposit for each of 75
lots being developed).
In our conversation you have stressed the need the City has for a
sight for a new well. I am trying to combine the need to develop
the Los Alamitos Park Subdivision within the Development Code and
helping the City of Meridian meet it's other requirements. I
think this will meet that goal. Is it your opinion that the City
of Meridian can benefit from this plan? Would you respond at
your soonest opportunity.
With respect to Salmon Rapids, the attached letter and response
establishes that this subdivision should be waived for the ordi-
nance due to inadequacy of water.
Sincerely
Marty
Goldsmith
4S.f0 IrA& Amm 1,&6 .0%06 �JPSI1J99%OR
i
Project No. 1433
April 20, 1994
The Honorable �kant Kingsford, Mayor, and Members of the Council
City of Mlerk'ions
33 West Idaho -treet
Meridian, Idehol 83642
I
Ftp Waiver of I�ressurized Irrigation Requirements for Salmon Rapids Subdivision
I
Mr. Mayor.
This office 804that all due consideration be given to horror this waiver requsst. As
stated in § 9.6t1f3.0.14 of the municipal such
a request may 1' a granted by the City Council provided that sufficient proof can confirrir
the fact that a parlicluer property does not possess adequate water righle to provide
this service pl ase find enclosed a report from the consultant firrn Irrigation by Design
In support of thiposition.
if you have any'questions or concerns in regard to this matter, please do not hesitate to
contact rile at 3�6-7390.
Sincerely,
Mike Shrewsbo jry
Project Monegor
cc: Marty Gold4mith, Fanvest Developers
11 •
SISYSTEM PANS & S P ECIfICATIONS E. ISE BEAN y
544 WFAmAmm BoisE, ID 133704 2013 376.92713
SALMON RAPIDS SUBDIVISION
---IRRIGATION NEEDS ---
phis subdivision irrigation water requirements is based on 150
lots, with landscaping on 8,000 sq. ft./lot.
Normal irrigation schedule, based on odd -even day irrigation,
with three 2-1/2 hr. time slots, as follows:
no - 10:30 PM to 1:30 AM, Bo - 1:30 PM to 4:00 AM,
Co - 4:00 AM to 7:00 AM, Ae, Be and Ce same as. above.
Based on a peak demand of 0.25 inches per day, an 8,000 sq. ft.
landscaped area requires a flow of 17 GPM for 2--1/2 hrs., on an
every-ather day schedule. Therefore, 1/6th of lots are
irrigating at one time, and total flow required will be 425 GPM.
However, for this property, ditch water is only available two
days out of 10.- Therefore, on day "one", A, B and C lots need to
apply enough water to last 10 days, which would require a flow
rate of 85 GPM each. Total flow to subdivision would need to be
29125 GPM. Also, the application of 85 GPM to 8,000 sq. ft. in
2-1/2 hrs. would require a precipitation rate of 1.02 inches/hr.,
which exceeds the average intake rate of heavy textured soil by
approximately five times. Flood irrigation, with a dike around
the landscaped area, would be the only solution.
Using ditch water for landscape
minimum flow of 15 GPM, to make
Larger lots will require larger
hrs. each irrigation, based on a
Respect ully submitted,
E. Lee Bean
irrigation, should be based on a
automatic irrigation feasible.
flow rates, or more than 2-1/2
two-day schedule.
0
DECEIVED
MAY 16 1994
May 12, 1994
C1W OF NiERRHAN
city of Meridian
Attn: Will Berg
33 E. Idaho
Meridian, Idaho 83642
Will:
This is a formal ragaest for reiiburssme nt fcr lot 2`, hlock 2. Los
Alamitos Park a proposed well lot. We would like to see payment in
one of the two following forms:
1. By check
2. Waive pr
lot aaai
Also, I can see
school/park sit
pressurized irr
price against
development fun
I would like to
Alamitos Park ar
me regarding my
you for your tin
Thank you,
/ "4i44-^
Marty Goldsmith
i
r
ifirm
able to Farwest Developers, or
irrigation and credit; the cost of the
11 fund deposit.
for Meridian City to pay for a 3 acre
mitos Park in exchange for waiving the
irement and crediting the agreed sales
l cost of contributing into the well
.e agenda date of 17th of May for Los
pids plat hearing.Please get back to
id concerns as soon as possible. Thank
43.50 V mate Aw, f" 0,,70- *fj jil"lOB