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HomeMy WebLinkAboutSherbrooke Hollow Sub VAROFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN REE L C ENN R. BENTLE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 30, 1997 TRANSMITTAL DATE: 9/17/87 HEARING DATE: 10/7 /97 REQUEST: Variance for Sherbrooke Hollow Subdivision BY: Westaark Company Inc. LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove and North of Victory Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) PHONE 888-9946 NAME : WESTPARK COMPANY INC. (owner or holder of valid option) ADDRESS : P.O. BOX 344, MERIDIAN, IDAHO 83680 GENERAL LOCATION : EAST SIDE OF I,OCtJST GROVE AND NORTH OF VICTORY ROAD. LEGAL DESCRIPTION OF PROPERTY : S 1 /2, SW 1 /4, SECTION 20, T 3N, R 1E, B.M. ADA COUNTY IDAHO. PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. TmT *T1 RT+3(xTF'cTFTI 7[~TTF' R-4 PRESENT ZONE CLASSIFICATION RT (RtTRA? TR"^T~ '~~ -' VICINITY SKETCH: lAnescistreetspexistingaandaproposedbzoningCand showing property such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE: A VARIANCE FOR PIPING OF 'THE RIDINBAUGH CANAL, EIGHT-MILE LATERAL AND NINE-MILE DRAIN; A VARIANCE OF THE 0 7 SIGNATURE: -- COUNCIL RECORDS ~ ~~~ CITY ~~ Date Received City Council Hearing Date Received By ~ ~ RE UIRENIENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the application. 1. What is intended to be done on or with the property? 140 TAT, SINGLE-FAMILY, RESIDENTIAL DEVELOPMENT. 2. What special condit~dOnsstructureCUOrt buildinglsi volved and peculiar to the lan structures, or which are not applicable to other lands, buildings in the same district? SEE ATTACHED LEI'rI7JR # 12 . 3. why wi 11 a 1 iteral interf rriahtsn ~ mmonly enjoyed sbyfother ordinance deprive you o g properties in the same district under the terms of this ordinance? SEE ATTACHED I~'P1'ER # 14 . 4. What special conditions or circumstances exist that were not a result of your actions. SEE ATTACHID LEI'i'ER # 18 . 5 , Why wi 1 1 the grant that i st denied by th ns tOrdi Hance ntooother special privilege lands, structures, or building in the same district? SEE ATTACHED LE'I'i'ER # 19 . • ~1 VARIANCE APPLICATION FOR SHERBROOKE HOLLOW SUBDIVISION 1. ADDRESS OF SUBJECT PROPERTY: 2000 & 1760 E. Victory, Meridian, Idaho 83642. 2. APPLICANT: Westpark Company, Inc., P. O. Box 344, Meridian, Idaho 83680; Phone 888-9946 3. OWNERS OF RECORD: Richard J. or Linda E. Schaffer 1760 E. Victory Road Meridian, Idaho 83642 Phone: 888-6196 Harold Killgore & Rayelene Allen 2000 E. Victory Road Meridian, Idaho 83642 Phone: 323-8732 Clayton or Susan Record 2384 E. Victory Road Meridian, Idaho 83642 Phone: 888-4786 4. DEED & AFFIDAVIT OF LEGAL INTEREST: Attached 5. LEGAL DESCRIPTION: Attached 6. Property is currently in agricultural production. 7. The applicant is proposing a 1401ot single family residential development. 8. Existing zoning RT (Rural Transition) & proposed zoning R-4. 9. Vicinity Map attached. 10. Single family dwellings are proposed The variances requested are unrelated to the building pads or setbacks. 11. List of property owners within 300 feet is attached. 961102\variance-app • • 12. Characteristics of the property which prevent compliance with the ordinance: The Ridenbaugh Canal and Eight Mile Lateral far exceed the 48-inch pipe size set forth by the city as a size limitation for tiling The Nine Mile Drain runs adjacent to the Ridenbaugh and exits the parcel along the Northeast boundary. Other developments in the area, Los Alamitos Subdivision were required to leave the Nine Mile Drain open. We suspect Bureau of Reclamation will request the drain be open. The drain also collects seepage from the Ridenbaugh along the southeast corner. We intend to relocate a portion of the drain on north side of the property. Three blocks (2, 8 & 7) exceed the maximum block length of 1,000 feet. The unusual configuration of the parcel limits the lot layout alternatives and creates longer block lengths. Block 2 (1,620 LF) abuts the Eight Mile Lateral which prohibits a discontinuation of the block with a stub street or Micro-Path. Block 7 (1,080 LF) borders an unrelated parcel. Ada County Highway District determined the location of the stub street. This location creates a block, which exceeds the 1,000 feet requirement by 80 feet. Block 8 (2,620 LF) is located in the southeast and northeast portion of the parcel. Two Micro-Paths have been provided to break the block length. The City Ordinance (Section 9-605c) states that Micro-Paths should be used where long blocks exist. We believe providing pedestrian lineage reduces the block length. 13. Section 9-605M Piping of Ditches "...all irrigation ditches, laterals or canals, exclusive of natural waterways, shall be covered and enclosed with tiling...the city may waive this requirement for covering such ditches, laterals, or canals if it finds that the public purpose requiring such will not be served in the individual case..." Section 9-605E Blocks: "Every block shall be designed... no more than one thousand feet (1,000') in length." 14, 15 & 16 Hardship: It would be impossible to pipe the Ridenbaugh Canal or Eight-Mile Lateral because of the size of the facilities. We believe the public good is served by retaining the Nine Mile Drain for wildlife use and drainage functions. The drain intercepts seepage from the Ridenbaugh Canal. 961102\variance-app • • The unusual configuration of the property inhibits compliance with the maximum block length. The adjoining canals and width of the parcel creates a natural hindrance for compliance. The addition of stub streets for block length reduction would serve no purpose and in some cases would create a duplication. 17. Development of the property would be prohibited if all ditches were required to be piped and no flexibility on block length was allowed. 18. The existing canals and configuration of the property are not a result of actions by the applicant. 19. The granting of these variances does no imply special privilege to the applicant since similar variances have been granted on other projects with the same topographic characteristics. 20. The Variance request is confined to standards within the Zoning Ordinance and not addressed in the Comprehensive Plan. 21. Fee attached. 22. Briggs Engineering will post the property. 961102\variance-app • • DESCRIPTION FOR PROPOSED HIGHLANDS RANCH WEST SUBDIVISION April 9, 1997 A parcel of land being a portion of the South '/s of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N., R. 1 E., B.M., Ada County, Idaho; Thence N 0°44'50" E 1,327.36 feet to an aluminum cap marking the south 1/16 corner common to said Sections 19 and 20, said point being the REAL POINT OF BEGINNING; Thence S 89°49'11" E 2,228.88 feet along the north line of the South'/z SW 1/4 of said Section 20 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following courses and distances: Thence S 20°43'05" E 111.76 feet to a point of curvature; Thence along a curve to the left 168.45 feet, said curve having a central angle of 12°52'06", a radius of 750.00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S 27°09'08" E to a point of tangency; Thence S 33°35'11" E 233.60 feet to a point; Thence S 52°22'11" E 44.27 feet to a point; Leaving said centerline: Thence S 0°25'48" W 206.24 feet to a point; Thence N 89°34'12" W 538.36 feet to a point; Thence S 0°34'22" W 126.54 feet to a point; Thence N 89°32'04" W 639.99 feet to a point; Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said Sections 20 and 29; 961102.des • • Thence N 89°34'22" W 388.90 feet along the line common to said Sections 20 and 29 to a point on the centerline of the Eight Mile Lateral; Along said centerline the following courses and distances: Thence N 3°04'10" W 319.40 feet to a point of curvature; Thence along a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N 40°08'01" W to a point of tangency; Thence N 77° 11'52" W 523.60 feet to a point; Leaving said centerline: Thence S 89°22'14" W 323.49 feet to the line common to said Sections 19 and 20; Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel containing 48.70 acres, more or less. Michael E. Marks, PLS No. 4998 961102.des AFFIDAVIT OF LEGAL INTEREST • STATE OF IDAHO COUNTY OF ADA I, RiCitard S. or Linda (Name) 1760 E. Victor (Address) _ Meridian Idaho , 83642 (City) (State) 1. That I am the record owner of the property described on the attached, and I grant my permission to; The trc~tnark Complnv Inc P 0 Rnx ;ate n~~r,~,~~, rn-,ti„ 83680 To submit the accompanying application pertaining to that property. J~ ___._ , Dated this ~ =~ day of /lC ~~i r~ 9 ~- ,r,~,~ , (signs ure) SUBSCRIBED AND SWORN to before me the day and year first above written. _ ~.. l ~rc,~~ ~-G Notary Public for Idaho Residing at ~'~-~ ! ~ My Commission Expires: ~IDAVIT OF LEGAL INTEREST • STATE OF IDAHO COUNTY OF ADA I ~ fiarold L. }Kil (Address) Meridian Idaho , 83642 (City) (State) 1. That I am the record owner of the property described on the attached, and I grant my permission to; The Westpdrk Company Inc P 0 Box 344 Meri~~~^ rrlahn_ 8368n To submit the accompanying application pertaining to that property. --/ Dated this ~~ /'day of Q-N~/ 19 1 ~~~,c.~. ~-YY~ ~-~C.,L~.eti1 ( si natu e ) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Pub is for Idaho Residing at Meridian My Commission Expires: 1/1/98 AFFIDAVIT OF LEGAL INTEREST STATF. CF ;'i~A~' COUNTY ~~r ,~.D1=. T, CL~IYTON OR 3S4 F _ VTf'T(lRY Rn _ (name) ~ (address) MERIDIAN _, IDAFfO , (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to; The Westpark Company Inc P O Box 344 Meridians Idaho 83680 to stibmi.t the accompanying application pertaining to that property. Dated tha.~ _ ~ ~ day of (signature) SURSCRTRED AND SWORN to before me the day and year first abo-.P written. ~~~ Notary Public for Idaho Residing at ~1~ ~< < c~ ~ .~ __ 7 ~~~ ,~- ~ ~ _ . J~ fn1RK }fa /M1~1rARRAMT DRRI-. ~ 1~ •, 1, nrad. ~~i... . 21~+.. dy d ...... A~at ............. , if .sg. • ~ TH1S INDENTVRS, ~ betamen H. E. ROBINSON . aAd.. DOBIS C,._a0BIN30[I, ..hasband and...xiree............_....... ... ..... . , taunty d ...... Ada ...... seat. d ......I ~ d ..... _ - NE C}tANDLERe ... .. .rd P'LOYD ..CHANDLER...and .8...1'~ON ........... the pales d she Ant t~ ..husband. arrd...xite _..~ .............. ....................._............ a ._.._............... ...._......_._.............. .____ .. d ..... ......._ .............- ies d fhe seoord pert, Coemry d ..._..Ada ....... , Stars d ...Id3'Ro ..~ ..............._.. ,the Wt NESS6J'H. that t1+e .std perllea d fAe IIMt~.rt, /or ara In oon.lderatbn d the sunr d TEN (10.00) and ..otbe~C..~ad...~-nd rpluabls,.considsration---:.-~.~"'-~t~ d the Vdted Steles d Ankrke ..... """`~~`~..., lawful n~onsr .._ ................_...._.__._._.._ whenbl fe h~neb)' eclrt~owhd0ed. ro them... in hand paid by the pert. les of the eeaond pert, the reoelpt ~ and oarwey and oonMnt unto he •e /m,ted, ber~eined, cold, and by rheas pry tee s~do .. /rte. bartdnr all fM fo11Qw,1~ dsecribed the Bald part ies d the .e~rond pan!, and ro heirs and aadtm, lororer, ~Ga County d ............. ................., red estate, .!loafed in ._ ... ......... ..... ... State d ldeho, to-wlt: ... SYI~ of 3W~ of 3oction 20, ToNnship 3 North, Range 1 East of th• Boise Meridian, in Ada County, Idaho. ~; ,: . • •{. i ,` f.. TOGETHER with d/ and dn`uter fhe tenements, herodltemente and appurtenana~e thereunto belong- °r. lnd or fn enrwiee eppertelning, end the reretslon end rwsrdons, romeinder erg rrmalyden, erg rents, lsstres ~' end prdlts fhereol; and di aerate, right, tlNe end interost !n end ro the sold property, as well fn law es in equity i d the wig pert ies.. d the llrst pert. ; 7,:" TO HAVE AND TO HOLD, ell end dnquler the aboro mentioned erg described Pn'r^l°~ together 'r with the eppurtenences unto she pert ies. d the second pert, end to their...:. heirs end essi`ns 1oe.+~er. 1. And the sdd per! ies. d the Bret pert. end .......thelx .. heirs, tle wig pronJsn !n the quiet erg e : ~ poeseeefon d the said pert.. iss d she eeoond pert,their..... hel» and aeeldrn, .~elnee the eels pert •-..15:. d the Arst pert, erg ..... the 1T. heirs, and eQainst ell and srery poreon erg Persons whomsoe!'er, 1ewlWfy •, cidminj or to delm the wms shell erg w11i warrant end by these preernts (Dreyer dtlend. ,v .~.~•~ , . -.:: IN WITNESS WHf.REOF, the sdd parries... d the Rrst part here.. herbrrnto set ..th~1r; i~ ..^5,. end eeei S the ley end veer tlret ebore written. •^ ~ . ~~„ •~. y. Ezecwted and Delivered in the Ptreenos d ~tC.c..Z~.. ~:.....~~?.~..~w....csw.~ ,. .. s ~ ~. STATE OF IDAHO, d ........__..Ada..............._............._ ..~ ~ E' ;~t~( Couny ~ •~'r 1~ 2 th .. ... der ~ An sti In thb rra tf.58., be(atw ol...........6n .. .. ..__..........__. On r ...... M red to wd sure. P~1~ f . t~, a nrd era i ed , .roars F~+~ _......~...$... ROBIt~a"~Q..aud..DORI3..C..~QflII~~ON,-.husband.- r~.~~,~~~~ ~. ..r..~ ro ms ro bs rAs persons. wtoee tten+s s . a2'e.. w,b.~bed ro rbs w1rHn indetnetenr. i~O1! r !~ O: _ , ro ms ruse t tied r~...~. . N ,:.:.. ~..., ,. ~ • a'; ,~ «`n 1 ~• : ~•. ~ • herd rtd .Msrd .~ dNa~if serf %~ ? tPt W1TIVESS WHEREOF, t hero h~teenro nrf '~ I ~~ the der r In r s aerNrlerre Anr rboM~sf ~,~'~' '~~~NINN~ 1~.• ~:. F~rwh: rar w sr.re d tdha _ ; : ~. ~Residint ar ..Meridian._._, tdeha ,. . • =,. ;:.~. .::~ . .. • t' ;t, ~, ;. ;,, .. .. '; ~ . ,: ~. .. _ 1 ; ~ ~4 t ~ ~ ~ t i i I a ! ~.$ j l .2 t ~ t~s'.. ! J •J A ` c =~ k °= l a ~ ~ .i 4 •V ,4 ~ ~ ! i i s.e AQ v Y t 11• 1= ~ i i ~' 4 ~ $ r o 1 i (^~i Sf¢ ? . J: ~ i ~ o ~ e .fib .~'~ •- ~ . 3 . • _~ .~ • ~ ~ ~~~ :, y ~ ~ t ~1 3 J ~ .~~., .. . ' .. 7 ~ ~ ... ~.......... ..... ..~..' • _ r ~~' L' I t_ ~' .:. ~.: _ ;. ~°~e ~ .-~~. .fib ~ ,~ _: { %!~.` a'. i L :_, .~ ;,6`^ . K . rn ~ t~9G8 '~ • - -- WARRANTY DEED 884062'?' • For Value Received . DELBERT C• MIIRTIIaS AND PA'1ZtICIA L.MARTEItS, Husband tsad Wife The grantors , do hereby grant, bargain, sell and convey unto CLAYTOP P.ECORD III AND SUSAN T. RECORD, Husband cad t+'ife the grantees ,whose current address is 3927 NORTEBRIDGE WA:, 30ISE, IDAHO &3706 the following described premises, in !~; • County Idaho. to-full: S_.E r~i- 3=P I /.^'u" L.^..' J .41'2D N,:.DE .'. ?;,2T ~.~r TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantea S ='.'.EIR heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees ,that -he; aye the owner sin fee simple of said premises: that they are free from all incumbrances ~CC~'; _988 TAXES, C0~'~p.A'?'S, CpI,'DI:'ICA'S, RiSTrZICTiOI:S, ~~~rrC and that ~ he ;,- will warrant and defend the same from all lawful claims whatsoever. Dated: g/~ 6/8;; ~r..~t~r T .r a ' `~' ~~~rt~~ C. I,F .'i~iS r'A^";i IC_TA i. M~??r^I,'S STATE OF IDAHO. COUNTY OF /;~ On this ~ 6 day of ADA STATE OF IDAHO. COUNTY OF C..C~~~ tetora me, a note AUGLST • 78 $b. I Aereby certify that this instrument was fllsd for record at the V rYDuotie in and rorthe saitl State. personally request or y appeared CHICA60 TITLE ~. ~' c i~r ,3~ T ~ a rrar.. 9 m C. I.F` a~ C. ;.~t,7J,'ATrTICIA i,. N,~~ Tr^!QS at ~ ~ minutes past J o'elock~M., 2 ~ ,,`,~~~...... qc~, thii . {" l1F1~ day or ~~~ ~Z+ O j •. RCS % 19 rfp . in my office. and duly recorded in Boob ~ ~ CS known or id~nt I~edTe me too De.tbe ~~ of Deeds at Pags SubscribeC y~~5 '"'nose name o*n~ ~ht~f~Sllumen£ ar.G7eknowledgsd to me T+ /~ roar OHN 6nJF t~r` =~~•• ~/$ l ~~' ~'~ executed the acme. '~ ' ~ 9l•• ~" •• ~`~1` L Ex-Olrieio Recorder ~~' •0 r p ~~ / ,, / ~ ~ o rr Public 9y ~~'!/'~ ~~ I j ,' / i ~ ~' 'f ~_~_. 9es' m v eavty. I ~CIIS=. . leano Fees S~ • m. Expires ~~ ~ ~•-~~%- Mail to: %a~ ~ ~'9 ~~ y. J ~ rrf:S ~~. • "•~s No. 119482 . r,. . ,~:'' ~ ~ EXHIBIT I ~„~~, , _ . ~ -'- The Southeast quarter of the Southwest quarter is Section 20, Township 3 ~+t`^` North, Baage''1 East Boise lteridiaa, Ida County, Idaho; r .. , ... ~.r:'.' portion 1 "' EXCEPT that yiag North sad East of the Rideabangh Canal; ~~` ~•~ AND EXCEPT that property .conveyed by sad described in Instrument No. ~~::; 7760809, records of Ada County, Idaho, more particularly described as follows: Cosmeacing at the Southwest comer of said Southeast quarter of the Southwest quarter, which Ss the REAL POINT OF BEGINh'T~IG: thence North 0.34'.25" East 1333.78 feet along the West boundary of said Southeast quarter of the Southwest quarter to the Northwest corner of said Southeast quarter of the Southwest quarter; thesice ' .South 89'49'24" East 640.00 feet along the North boundary of said Southeast quarter of the Southwest quarter; thence South 0'34'23" Weat 1336.61 feet to a point on the South boundary of said Southeast quarter of the Southwest q~iarter; thence North 89'34'10" West 640.00 feet along said South boundary to the REAL POINT OF BEGINNING. AND EXCEPT Commencing at the Southwest corner of said Southeast quarter of the . Southwest quarter (which is the Southwest corner of the 1/16 Section and is set with a S/8" iron pia with as aluminum cap); thence Easterly along the North aide of Victory Road 640 feet to a set nail, which is *,he REAL POINT OF BEGINNING and which shall be the Southwest corner of the tract being described; thence Easterly along the North side of Victory Road 540 feet to a point which aFa7.1 be the Southeast corner of the tract being described; thence Northerly along a lisp perpendicular to the Southern boundary lice described above (which is the North side of Victory Road) 484 feet to a point, which shall be the Northeast corner o_ the tract being described; thence . Westerly along a lice parallel to the Southern boundary line (North side of Victory Road) 540 feet to a point oa the Western boundary of the tract being described, which point shall be the Northwest corner of the tract being described; thence Southerly along said Western boundary line, which boundary line is the Eastern boundary of the Neighboring parcel described in Instrument No. 7760809. records of Ada Counay, Idaho, 484 feet to the set nail which is the REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. A~~r~u+~~T ~3 ~~4 oF~ iilien recorded mail to: MERIT rtotl'rcACE coRP . -toy s. o•rII sT. suI•rE 111 bGIS~ !~ t,ozsE. ZDAtlO 03702 ~rorr~i~~rllu=w. Prepared by: '~-~ 1~~~ 1v~ ~"~'~ y 1~•~•. i,"`~ 1 ~ag~ 13 ~ ~ ~_ _.._..__ 15pw.~~ A4uc~'14M LI11! FNr Re. M1 AIIlr, IIMIMI `'-'-"'--""- LN11: 206381533 ~U~~ O~1 ,~,~\VIJr~, I IIC grry-IIOr IS '1'111$ DL:LiU UF'I~RUS'I' ("Security IusUuulcnl") is u+adc uu NOVEMBER 15, 1994 HAROLD L. KILLGORE, AN UNMARRIED PERSON.ANU RAYELENE M. ALLCN, AN UNMARRIED PERSON ("Ilunu~ccl "). '1'IIC ln+slcc is PIONEER TITLE COMPANY OF AllA COUNTY l"'I'nlstcc'"). 'I'I+c bcucfician• is t9ERI'r MORTGAGE CORP . , A IDA[IO CORPORATION ;tot! wlwsc ~+Ilicb is ulgauiicd aad csisliu~ uudc+ the l:+us of 1'l1E S'fA'fE OF IUAIIO :+adlessis 405 s. ©•rIl s•r. SUITE 111 BOZSE, IDAl10 83702 ("I.cndcr"). IJorrulrcr owes I,cudcr the p+illcipal sum of TWO IlUNDRED SEVENTY TWO TtIOUSAND AND NO~lOU"«41rM kA~R11Aw•RRAM kAk~*•••wAAkkw Uu1L•us(U.S. S 272, 000.00 ).'I'llisdcbliscvidcuccdbyUorlon•cr'suulcd:+lcdllres.•uucdalcaslhisSccurilyluslru-ucnl ("Note"), ~+'hich provides for nunlddy payulcals, with the full debt, if uol paid earlier, due a--d payable on UECEMDER 1; 2 0 2 9 .'I'bis Sccw ily luslruo+cul sccu+cs to I,cudcr. (a) Il+c rcpayu-c-+l of the debt cvidcoccd by the Nolc, ++ ill+ iulcresl, a+ltl :dl rcncw:+ls, cslcusiuns and ultldific:+liw+s of the Nolc; (b) the p:gm+cul of all other solos, with iulcl csl, advanced under p:uagraph 7 to protect the security of Ibis Sccw ilp lusu unlcul; and (c) llle pcrfonuaucc of Uorrowcr's covcomlls and agrceulenls under lhix Sccwily luslrun+cul and the Nulc. 1'ar Ibis pu+pusc, Ilonutrcr incvocably gr:ulls and couvcys lo'1'n-slce, iu Irusl, wilt power of Cuunly, Idaho: cdc, Il+c fullu+riu8 described plullcrly luc:ucd iu AUA SEE ATTACIIED EX[IIDI'f "A" WIIICIi UY THIS REFERENCE fiECOMES A PART 11ERE'f0 AND IS COMPRISED OF ONE PAGE. 51120346800 WIIICI I IIAS'1'IlL• AUUIlESS UI': S'I'ItliL•'I': 2000 E. VICTORY ROAD CITY: MERIDIAN S'I'A'1'G: IDAilO II' (:UUIi: 8 3 G 4 2~ ("I'wpctly Addwss") 'fUCil1'I Ilill 141'fl I aU the iugnueeulculs Iww or I+c+callcr crceled~uu the prulna ly, and all easeolcnls, appurlen:ulces, and fixhlres Inlly w hc+caller a p:ul of the proIle1ly. All -eplacculcnls auJ additions sled! also be covered by this Security InsUwneal. All of lbe fu+y;uiug is -cfcrrcd to iu Ibis Sccu-ily Inslnnncul as the "I'wl7cUy." UUItIW W L•:It CUVLNAN'1'S that Uonuo•er is lawfully seised of the Cslalc hclcby conveyed and has the right lu grant atul convey the 1'ull)crly and that the I'+opcrly is uucucuu+bclcd, csccpl fur cncuulbraoccs of Iccold. Ilorroacr ~~•arrnnts and will Jcfcnd generally the title kl the 1'+ollcrly agaiusl all claiu+s nod dculauds, subject In any cncuulbr;u+ccs of rttad. '17115 SL'CUILI'I'Y INS'I'lIUh1L'N'1'cuolbiuca uuifuuu covcn:uds fur ualional use and uon-auifm wcoveu:ulls with lin+iletl varialious bl• jwis-licliuu la cm-slilute a uoifo-w secmily iaslnuucul covcliug real pu.llcUy. UNtI~ORM COVGNAN'1'S. Uonu++rr m+d l,cndcr cuvcn:ud and ag-ce as follows: ~- Zr),itiale: IU )ht)N ]avf urauu. s:~~;;lo r.~~sy •rnnln)rul.nu- unu~uunl tns- uunl r•.n r 1'MI• Gll(IU) (71US).111 r~na~ ]1117'/'/11,\~wrnd,d V91 1':11;1. 1 of S • LN#: 206381533 whcn duc U-c prim f i. l'apateul of Principal and [nleresl; Prepaymerd ane 1r ~t t and late cDvb duclwuler ll-e Na ray to Lcudcr ou iulcrtxl on Utc debt evidcnad by Urc Nole at-d any prep Y to applicable law or to a -vriltcu waiver by Lender, Borrower taxes and assessnu:nts 2. Funds for Ta:cs and lnsurancc. Subject inCnlB arc due undo 11-c Note, until tltc Nolc is paid ir- full, a awn ("funds") for: a ~ e curl rt-orlgagc • day nwnUdy pay nl lttslrunrcnl as a lien on ll-c Property: N) ycrulY 1~-schold payrncnis or ground rcr-ls on ll-c itch tuay altaia priority over this Seca ~ Y insucatue premiw-u; (d) Yearly hood iosurar-cc prcmiun-s, if any: ( ) p Y openly, ff any; (c) yearly ItarBCd or properly Ie Borrower to lcrrdcr, ir- accordance with the provisions of paragraph R, in lieu pccrt-iurns. if any; and (t) any snots PaY~ ~' tl-c ymcrd of mortgage iuwrana prcatiutns.lltcsa UtcndCr for a fcdcrallCy related rnorlgagc loan Wray require for Dorro-+~cr'sncs~ow 12 U.S.C. Scctiorr 2G0 a seg. pa n-wuauwu ttds inanatt-outrl not toexceed Utemaxi Lcndcr n-ay, at any lir--c, collect arul Iwld fur-ds nt wrdcr tlw federal heal Estate SctllcttrerU Procodures Act of 1974 as an-cndcd from tin-c to hmc, RESPA"), unless auoUtcr law that applies to ll-c funds eels a Irsscr amount. IC so, as arrto-rnl trot to exccal the lesser atnounl Lc+~u ~Y cstiu-atc the au-ouul of funds duc on the basis ofcurrcul data arul rcaso--ablc ti--rales o[ expenditures of future Escrow hq-u or otl-envise in accordance wiU- applicable aw. lsarciusurcdbyafcdcralagcucy,irulrunwnlalitl Escrovltcntutll.cr-dcruAY 'flwfundssballbcl-cldinauitutitutiouwhoscdc[wsi I U-cC•undstopar i,cr-der is sudt ut instilulion) or in any federal llomc Loan Bank. Lcudcr shall app Y 1 charge Borrower for holding and applYiugnl~a u (icablc la vllperr-~uts Ler-dcr t~ Wale s~- atcl-argo I Iowever~Ler-der -nay regal c rider pays Borrower u-tcresl on tl-e fw-ds a d PP id, Lc--dcr shall rrot be nines interest to be pa rro-vertop.•-yaor-e-liu-echargeforar'i~epcad~et-~ tcsmadeorpapplipblellawstegbyLcud°`vrilu--), oovwcr`Itlw'rlirdecestslwll pplicable !aw provides otlrcnvisc. Ur- g cquircd to pay Borrower any inlcrest or grniugs on U-c Funds. Dorrowcr and Lender u-ay abrcc u g ~: );rid ou the huuds. l.euder shall give to Dorrow a `vitl-out charge, an :uuwal accounting of the funds, showing ectxlits and debrt he funds oas ucrdc..'I'hc funds arc pledged as addiliu--al saurily for all suuu I the funds and ll-c purpose for which rdch deb-l t ccurcd by this Sccurily lrulrumcul. I[ Ure foods 1-eld by Lcudcr exceed the ac+ouuls pencilled to be held by applicable law, Lcndcr shall account to Dorrowcr or 1 +e nlsofa licablclrw.iflhcaruowrlofthcfundsl-cWby~r-dallta-toL i-dcrllcar-ou--l her wrc- PP sc Borrower s P Y :eeessfundsinaarordaneewitlU crl u pay U-c Gscro-v Itcrns whcn duc, Lcndcr may so notify Borrower in wriliug, and. in sue - a- Y P• Y ,eccssary to u-ake up the d~cicucy. Borrower slwll make up the dcficicncy in no wore than twelve montl-I Dorro'-ver ar yePunds liocld liscretion. slral Upor- payment in full of all sows secured by this Security lr-suuu-eul, Lcndcr shall promptly refun to l,y Lcndcr. If, w-der paragraph 21, Lcndcr shall acquire or sell tl-c Prol)crty, Lcudcr, prior to the auluisit ion or sale ofthc I'roped~' I and ;,pply airy funds held by Lcndcr al the tine ~c~j ~ ~~ov'des oUwnvise tall Pas iuerrts received by Le~aorsuspl 2; ll iJato intcrest 3. Application oC Payments. Un-css aPP ! shall be applied: first, to any prcpayurcnl charges duc under tl-c Nolc; second, to aurounts payable un p b fines and im Bilious altributablc to the 1'rupcrty which duc; fourll-, to principal due; aad last, to any talc charges duc uudcr the Nole. ~ 4. C!-arges; Liens. Borrower sl+all pay all taxes, assessrr-cnls, clwrgcs, nwy attain priority over this Security lruto 1iC not read 'ui that nP~wur,,Borro-vcr sl+all payf tl-c - ourtunc dirccllytottlw pcrslou owed in the ruauncr providal in paragrapl- 2, I aid uudcr this paragraph. IC 8orrowcr makes these Iwyu-cnl. Borrower shall promptly furnish to Lcudcr all r-oliccs of amounts to be p ,rocs in wriliug payu-ents Jirxtly, Borrower slwll promptly Cornish to Lcndcr receipts cvidcnciug the paya+cnts. coulests in good faith Urc lien by, or defends Dorrowcr shall pror, p attonusccurcd by tl a lienrin-a-ma wcr acceptable o Lcndcr, (b) recut uolcss Borrower. (a a6 w tl-c payu-cut of the ob g agairul cuCorccu-eul oC Urc lice in, Icga, a ~occc~~nLgsa-lisf: c-tory to Lcndcr subard nalir S the I cu to this Sccun y Instruwcnl'-IflLcud r c) secures from the holder uCll-c lice n 6 lien which way attain priority over this Sccurily Irutrun1cu+~o c°`viilrin 10 dap detenuiues that any part o[ tl-c Property is subject to a ~ Iorrowcr a uolicc idcutiCyiug tl-c lien. Iorrowcr shall satisfy the lice or -akc our or more of ll-c actions set Cori of U-e giving oC notice. 5.1[aracdurPropcrtylnsurancc. shin ll+c lcrnrt'kcxtcndcd1tcovcr.~gc''land -uy oll c I wards, includir 6 Ilulods or flooding, for ~ agairul loss by Grc, hazards included -ut royal which shall not be wu~-sormbly ,F, which Lcudcr requires iruurance. This ins l-aU be eh loscr- by Borrow •cr subj ct to Lender's apntl-c periods that l.cnder requires. T is _ insurar-cc earner providing the insurance s wiUd-cid. If Dorrowcr fails to u-ainWir- coverage described above, Lcndcr may. at I,cndcr's option, obtain coverage to protect Lcudcr s rights in the Properly in accordance with paragraph 7. All iruurance policies ar-d rcuc-vals slmlf Lcndc requires Borro wersl-all promptly give torLcndcr~al reccip s of ptid premiums ll-c rigid to hold the policies and renewals. and renewal notices. !n the event of loss, Borrower shall give prompt notice to the i-uurar-ce carrier and Lender. Lcndcr nu-y make prop uC loss if not made promptly by Borrower. lied to restaroliou or repair of the Property Unless Lcudcr and Borrower olhenvise agree iu wriliug, i-uurance proceeds sl-all be aPP hed to the sums securedby this Security dan-agcd, iC tl-c restoration or repair is,cco~uldbe Icsscucd'll a uura~iticeprocecds sl allbcapp ~-ed folC ll~ rcosr dry°-ol answer vilhin ccorrowical ly Cgsiblc or Lcndcr's scour y lustrwncut, whcUrcc or not U-cn duc, with a--y excess Paid to Dorrowcr If Dorrowcr abandoru the Pc Y .lU drys a notice Crom Lcndcr ll-at ll-c iusura`ex car P~opcs YRored to settle a claiu-, then Lcndcr way collect the insurance proceeds. rl or to pay sums secured by this Sccurily Instruwenl, whctlrer or not then Lcndcr u-:-y use the proceeds to repair or res riuci al shall not extend or postpone the duc.1'lre 70-day period will begin wl-cn U-c notice is given. Unless Lcndcr and Borrower olhcnvise agree in writing, any application of prceceds top P' rior duc date of the u-ontldy p,•-pnrcnts referred to inn lragraplrs l and 2 or cl-angc the amount of the payruents. IC under paragraph 2l t -c o ar- iusurancc politics and proceeds resulting from d:u-f•-g r to to rhea qu sliou. property is acgwrcd by Lcndcr, Borrower's ng Y i,caaehulda. to ll-c acquisitior- slwll p:-ss to l,cr-dcr to tl-c extent oCll-c suuu secured by tl-is Sccurily L-strun-cnl iuuuc rate y p Borrower's l,oar- Applicatiu--; G. Uccupaucy, Preservaliun, Maintenance and Pratecliou ur the 1'ruperlp; Dorrowcr slwll occupy, cslablisl-, arul use tl-c Propene P o DoY as Dorro-vcr's lincipal residcn c for a Ic sl o -c yarn a(Icrtlhc dale of Sccurily lustrun-cut and shall coulirwc to occupy ~ ~upancy, ualcss Lcudcr otl-cnvisc ~o`ro ~u s~nlrol. Bo'r otwcr sl-all no destroy, d.•-r--agc or i upa',r the Propcrtp allo~ II c P openly ci rcuwslauccs exist which ace beyond to dclcrioralc, or comu-il waste ou Uu Propcrl-y. r~i-cnl ouldWCSUh in forte tore oCll-c Property ortotlrerw sc r~lcrrially impair ll-c-licu eria-inal, is begun ll-.•-l in L.cndcr's good Cartl ~ g Zni tial e )UI:I)N II,AUU• Single Family.NN~INFIILPIC IrNIFOnAt 1rrSTItU~1P.N'r 1'd},l 2 Uf $ 1011 9MOAm~wd~d 5191 . LN#: 206381533 ndei s sxurily interest. Dorro+ver nuhy cure wcl- a dcfaull al-d reinstate: asopro~ inn l+:atal by this Security lustrun-cnt or Lc c+ragraph ttt, by causing the action or proceeding l° ~ ollwr-- w trial+ia-pairn cu-t of the ticr+ crcatcd by tl-isoSocurity I- lrumcnl or utfciturc a(tlro Borrower's interest iu tl+e Proper y hcalion rotas, gave nmtcrially Cake or .c++dcr's security it-lctal. Borrower slwll also be in dcfaull if Borro+vct, duriab tl-e loan app ' P +utcc+trale infornmlion or slatcua;tds to !,ender (or failed to provide Lcuder+vitl+ nny n+atcrial iaCormau° u ttl+c Pro xlrty as alpti+ P 1 idet+ced by the Nole, it-cludiug, but not limilod to, represculatioas co++eetning Ilorro+ver's occupy wY aidcrxe. !f u+is sec ~ it li<e I~scl o d a~d use kc+Gi c sl-arll test nicrg co-nlcss+Lcndcr agrxs to ll c ncrger i-ai~wril Ilgrrower acquires i.'c title Io the Pr per y, 7. Protection of Lcudae s aikgal prtocecd-n g tl al ni yDoslgai6ca fly afkcyrfLcttder1s ngl+ts in ll~c-Property (sucl~as arypracecdiug 'c'curily lt+strou-cr+l, o fur +vltatcvcr is u batdcruptey, probal0. for condcuu+atiou or Corfciturc or to enforce la+vs or regulations), tl+cn l.cltdcr uwy do un pay y iu v+ sunusocural +cacsaary to protect tl+e value of flu) Properly and Lender's rights in the Property. l.c+ulcr's actions ma it+clude pay g. Y .y a lien which Ims priority Duct this Sccurily Inslruutonl, aplxaring in court, paying rpsouablc attorneys' fees met electing on tl+c Ptq)erly to uu'tke repairs. Ahhau~,~ f-u ~~ l USkcIrB •M )II 7 Sh t+IISlRC01 C,1dd llu+u~+lJdebloo Dorrowcr sec:-ucd by ibis Secu-ily Any amounts disburses! by P~ 6 • I U+struu-cnL Unless Botro+vcr and Lct-dcragrcc loolhcr lcrn-sof payn-cnl, ll+esc amou nts sl-all bear inlcresl f ;oM--t-c d:Uc of disburscn+cu al Utc Nolc talc and shall be payable, with interest, upon trotice Crom Lc+ulcr to Ooao+vcr requesting pay 8. Mortgage Insurance. 1[ Louder requited urortgage insurance as a condition of n+aking the loan sccurcd by this $ecurily lustruutet+l, Borrower slwll pay ll+e'ptca-iun)s required to n+aiutaiu the nrortgagc insurance iu effect. If, for any rc:+son, the nrortgagc i++sura'+ ~lcovcrug alo+gil lo~lll-c mortgage iasur• ucc pr tines y in cff~l, Doi o+st substantially cquiv-aleul lol-c cost to Dorrowcr of 11w subst Y cq nwrtgagcituurtas+ ctsnolavailablc,Borro+vcrsl-allpaytoLcndcratelulrou I+aswt~egcidialloolro-lwclfll--oftlcycal ly nortgagcinsura~gc ' ituuranccco 6 prewiwu bci a loss servo in l eu oC nror Sagc i uuranco rLoss~-rescrwo Pa~y::+~°+'ts ° y - of to gc~ bo rcquircdcat ll c option of ttLen~r Ilayutentsa rovidedb an insurerapprovcdbyLeuderagait if u+ortgagc insurance coverage (iu lltc amount and for tl-c period Wal Lcndcr requires) p Y t)ccon+cs availablc't`dc (°buircrnct-Dt fo rurortgagct~i-suranec ends+in aceorda- cc with any-writ c--gagrcc-ncnt bchvccn Dorco+prcr stud a loss reserve, unt cq t.cndcr or applipblc law. 9. lnspcclion. Lender or its agcttl tray uwkc reasonable entries upon and it+sl)cclious of the Property. Lcuder shall give orro+v +wlice at the line of or prior to au i-upccGon specifying reasonable gust for the iuspcdion. lU. Cuudenu-a'io+-'rt of P e [' openly, or Cor cotrveyauce +dl~ieu of conde~it~inal o) ac cthereby assigned and shall 1)e paid to La der or otltor taking of at y pa h- ll+e event o[ a total taking of We Property, the praceals sl-all be applial to the sums sccurcd by this Security h-stnm+cut, +vhet ter or not then due, with any excess paid to Dorrowcr. In the event of a partial takiuc U1115%u ~ by ibis Sccurily Lastrumc nlin -ICdi, lely 1'ropcrly uumcdialely bcforc ll+e laku-g -scqual loot greater than the auroualof l before We uakiog'w)lcs~~s o'~hipl cd by U-c fof owing fraction (a) lli sotnl n oounl of the sw )u sccurcd iuuncxliatcly tx:forc U r4+ki~ byIl+cat o p divided by (b) We Cair nwrkcl value of the Property inunedialcly before Utc faking. Any balance shall be paid to Dorro+cr. lu tl-c event of a partial taking of the Property iu which ll-c fair market value of the Property immediately before the taking is less tlwn the amount of II-e swns sccurcd imme(lialely before lhc'ack~ino~tl+e su~u sccurcd bytU+ s Secury lustr- me t vhcU-er or not the sausiuspare lateen due uthcrwisc provides, the proceeds shall be app If the Property is abandoned by Borrower, or tC, alter notice by Lcndcr to Dorrowcr that the condcnwor offers to tun can a+var ur settle a claim Cor damages, Dorro+cr faits to respond to Lcndcr+rill-in 3U days a(lcr the date the notice is given, Lcndcr is autlwrizcd A Iu cvllccl and apply Ifie proceeds, at its optivu, citl-cr to restortliou or repair of the Prolkrty or to the sums sccurcd by Ibis $ecuritY ~ Instnuucut, whether or not Wen dues au a) licttion of )racecds to priucipal shall not extend or postpone the A Unless l.ct+dcr and Dorrowcr olhcnvisc agrcc in writinb, Y I P 1 ~ due dale of llro monthly payu)cnls rcfcrral to in paragraphs 1 and 2 or clu~ugc the amowtt of such payments. 11. livrrv+rer Nol Itelcascd; Forbearance By Leader Not a Waiver. Cxlellsion oCthe lime Cot payu-ent or n-afi[icatiou of aurorti~ation of the swns sccurcd by Wis Sccurily l tutrumcut granted by Lcndcr to any successor in interest oCDorroocr sl-all noloperatc to release ll-c liability of ll-c original Dorrowcr or Dorro+rcr's suacssors in inlcrcsl. Lcndcr sl+all not be required to cotntncncc pracccdiugs against any successor in inlcresl or refuse to cxlcnd lime for payutont or W hcrwisc modify amortiraliou oCUro suers sccurcd by this Sccurily h-slruu)ent by raison of any dcnru)d nladc by llro origi nest Dorrowcr or Borrower's successors in i-Ucresl. A ny forbcarancc by Lcndcr in exercising any rigl-t or ren-edy shall not be a waiver oC or preclude the exercise oC any right or remedy. 12. Succawn and Assigns lluund; Jviat and Several Liability; Ctrsi{;ners. The covcuaats and agrecn-ents of Wis Security lustroutenl shall bind and benefit the successors sad assigtu of Letulcr and Uorron'cr, subject to ll-e provisions oC paragraph 17. Dorro+ver's covcl+anls atnl agrecu-c+ds shall be joint and several. Auy Dorro++•cr wl)o co-siglu this Sccurily hutnunenl but floes not exaute the Nole: (a) is co-signing this Sccurily hulrument only to wortgage, ~ rY +l and convey lhrl Dorro+ver's ivlecest in the Property u+ulcr the ~ ~ der and a y olltcrtDorot)+vcr may agcc to cxlc dyt odtfy folrbcar or make a y uocoln nlodatio -s tvilh regard of the lams agrcc l la of 11-is Sccurily luslrwncnt or tl-c Notc willwul that Dorrowcr's consent. l3. Loan Charges. If the loan sccurcd by this Sccurily Instruu+ent is subject to a law which sets waximuu+ loan charges, and that law is finally i~e` pc ,led si U+ sudh loo - el-a Se sl+atl be reduced by Wa aurount uccess.'try to~educe tl a cl alrge llo tl a perm lted I~imil; pcn+)ittcrllin-t O Y and (b) any seen already collected from Dorrowcr whicl- exccedcd pcnaiucd liu-its will be refunded to Borro+vcr. Lcndcr n-ay c loose to make tl-is refund by reducing tl+e priucipal o+ecd under the Nole or by uu'Iking a direct payment to Dvrro+ver. if a refund reduces principal, the reduction will be Ira~lcd as a partial prcpaywgd without •rny prcpayutcnt charge under the Notc. 14. Nutica. Any notice to Dorro\+'cr provided Cor in Ibis Sccurily Inslnuueut shall be givcu by delivering it or by ulailiug it by firs) class nail unless applicable la\v requires use of anolhet u-clhal. The uoticeshall be directed to the Property Addressor any otheraddress Ilorro+vcr designates by notice to Lcndcr. Auy notice to Lcndcr shall be gi+MU by first class nail to Lcuder's address slated I-crciu or any other address l.ct+der designates by notice to Borrower. Any notice provided for in this Saurity luslnuucul shall be deemed to lu'-vc been given to Dorrowcr or Lcndcr wl-cu givcu as provided in ll-is paragraph. 1S. Cvvcrning Law; Scvcrabilily. This Sccurily hutruuwut shall be governed by federal law and tltc law of ll+c jurisdiction in whicl- the Property is totaled. h+ the evad that any provision or clause of this Sccurily lustruu+ent or the Nole conflicts o•ilh appliu-Ible Initials: ~i !) - IIt,UIQ• Single Fawily -NN~rNFIt1.H1<: UI'tlFOttAr INS'1'Itl1MEN r 1~.. ` ! Of $ ~'~II. 41t(IU) (9111~)AI 1'... u. )01)')/90.\u.rndrd .V91 1>I)1:1)N LN#: 206381533 1•rw,suchconAiclshall nolaffcctoll-crprovisior-softhisScxu~-struu-c:-Note arc declarred to rbe severnblo~l+villwutll-e~idiug provision. '1'o this cud ll-c provisions of this Sccurily Itrstruatcnl arut the 1G. Borro+er's Copy. Borrower shall be given ate cord'orured copy of the Note and of ibis Security Lrstrunrcal. 17. Transfer of the Property or n Bcnclicial Iutcr•cst in Borro+rcr. If all or auy part of the ['ropcrty or auy interest in it is sold or Iransfcrrcd (or if a bc-r~cial iutcccst in Borrower is sold or lra n cut halal ofnll snare-sxurcd by this Securrity Insunorcnla i lvrrvcr, wrillcn consent, Lcndcr way, at its option, require immediate pay this option slmll not be exercised by Lcndcr if exercise is prohibital by federal law as of lire dale of ibis Sccuriry luslrumeru• If Lcndcr cxercrscs this opliar, Lcndcr shall give Borrower notice of uccelcration. Tlrc nolicc sludl provide a period ohrol less ll-an 30 days Gom the dale the nonce is delivered or mailed within whicl- Borrower crust pay all sums scoured by this Sccurily Irlslruttuertt. if Dorrowcr fails to pay these sums prior to the expiration of this period, Lcndcr u+ay invoke any rcrr-alics pernrilled by Wis Security hrstrur-rcul +villwul further -wlice or dcrrmnd on Dorro+vcr. 18. Borrower's Bight lu Itcinstale. if Borrower mils certain conditions, Borro+vcr strati (rave the right i amble law mr y s-peeifY this Sccurily Irrstrumcnl discontioucd al any liars prior to lire earlier oC: (a) 5 days (orsuch ollrcr pcriad as app ~ en of a for rcirulatcrucnq before sale of lire I'ropcrty pursuant to auy power of sale contairrcd a stLcadcr+alltstuuslwhiclr ll-cu would bobs due judgu-cnt enforcing this Sccurily Irrstruorcrrl. Tlrosc couditiars arc drat Dorro+vcr: (a) ply corder this Security 1 rtslruurent arrd ll-c Note as if uo accclcralion had occurred; (b) cures auy default of aoy otl-er coveru~nlsor agrecu-etds; (c) pays all expense incurred iu crd'orciug this Sccurily h-struureul, ir-cludiug, but not liwiled lo, reasonable allonteys' fee; alai (d) lakes such action as Lcndcr pray rc:ucnw -rs sccurred ba this Sxurily II--sUwuen shall leonGnucrw-clrar-gcdr,U)xro rr;irutate act by and Borrower's obligalioo to pay Y llorrolvcr, this Security luslruu-cul and the obligations secured I-crcby shall rcuraiu fully clTcctive as if uo accclcralion Irad oceurrod. I lo+vcver, Uris right to rcirrstalc shall rwt apply in the case of accclcralion under paragraph l7. l9. Sale of Nulc; Change of Luan Ser•+•iccr. TI-c Nolc or a partial interest in the Nole (togcUrcr with this Security lustnur-cnq uray be sold ooc or urorc limes without prior -wticc to Dorro+vcr. A sale uray reull iu a change in the entity (known as the "Loan Scrviccr" that collects montl-ly payrnenls due under the Nole and Uris Sccurily Irrslnuucnt. '1'1-ere also may be one or wore changes of lire Loan Setvicet unrelated to a s'-Ic of We Note. if tlrerc is a cbaoge of the Loan Scrvicer, Borrower will be given wrillcn notice of lire el-auge in accordance with paragraph 14 above and applicable law. The antics will state U-e name and address of lire ue+v Loa~nlSc i i vcr and lire address to which payn-cuts should be u-ade. The nolicc will also contain any other iufonnation rcquircd by aPP 2U. Il:varduus Substances. Dorro+ver shall col cause or perwil the presence, use, disposal, storage, or release of aoy Hazardous Substances on or in the Prol-crty. Borrower shall col do, nor allow aoyoac else to do, anything affecting the Property that is i-- violation ofauy Euvirouu-enlal Law. The preceding h+ro sentences shall not apply to the prescncc, use, or storage on the Properly of small quat-~es of 1 lazardous Subslarrccs that arc generally recognized to be appropriate to nonual residenlial uses and to n-ainle--aucc of the f ro Borrower shall promptly give Lcndcr wriltinvolvin lhcProf-crlyaudauyHaiardous$ubsta-ccorEnvironnculallawofwhicl gavcrun-cntalorrcgulatoryagcacyorprivatcparly g 1orrower has actual knowledge. if Borrower Iewru, or is notiGcd by auy govcnuncntat or regulatory authority, that any removal or of -ct rcwcdiationofauy l lazardous SubstaucealfcdingUrc properly is accessary, Borrox•ct shall pron-plly lake all accessary rcurcdial aclioru iu accordance witl- Euvironuuntal Law. As used iu U-is paragraph 20, "Ilaiarclous Substance" arc those substance defwed as toxic or ha-rardous subslanees Grviroaurental Law and the following subsuurces: gasoline, kerosene, other (lauuuable or Ionic petroleum pralucts, toxic pesticides arrd herbicides, volatile solvents, u-alcrials containing asbestos or fonualdchydc, and radioactive materials. As used iu ibis paragraph 2U, "Guviroun+enlal Law" uralus Ccdcral laws and laws of the jurisrlidion wirers the Properly is located that relate to hcaltl-, safely or cuvirouorcntal prolcdiou. NON-UNIFO(lM COVGNAN'CS. Borrower and Lcndcr further rnvcuaut and agree as follows: 2 t. Accclcratiun; It•enrcdiu. Lcndcr shall give nolicc to Durrun•cr print to accccralion fullu+ving Burrua•cr's breach of any euvenanl or agreenrenl in Ibis Security InsU•unreul (but nut prior lu accelernlion uudcr paragraph 17 unless applicable law provides olhcrn•isc).'[hc nolicc shall spr:cifY: (a) lire default; (b) lire nclim- rcquircd to cure the default; (c) a dale, nut Ices llrauC.Q~ 3U Jays frunr the dale lire nolicc is given lu Burrower, by n•h cel~lrati u of lhersums seen cad by this Sccurily lnslru neat arrd ante t° on oe before lire date spcei('ied in the antics way result iu ac of tl-e Prupcrty. The nolicc shall furtlwr inform Burru+rcr of Urc right to rcinstale after accclcralion and the right to bring a 6 cuuR aclimr to assert the nun-esistcnce of a default ur any uU-cr defense of Burrower lu accclcralion and sale. If lira default is nut cured un or before the daft specified is the rwlicc, Lcndcr, ul its uplimr, way require inuucdiatc payn-cul in full of all sums securcJ by ibis Sccurily lnslrunrcnl without furll-cr demand :u-d may iuvohc the power of sale and any other rcurcdics pcrndttcd by applic:rblc law. Lcndcr shall be cnlitlcd to cullecl all expenses incurred in pursuing the rcn-cdics providcJ iu this paragraph 21, inchrding, but not lin-iled lu, reasonable atlurueys' fees and costs of title evidence. 1(Lcuder invokes the purer of sale, Lcndcr shall esecule or cause Truslcc to execute a wrillcn nolicc of lbe occurrenec of err everrl of default and of Lender's elecliur- to cause tl-e Prolrcrly lu be sold, and shall cause such notice to he recorded in each cuurrly in +rl-icl- any part of lire Properly is lucaled. l.enderur Trustee shall mail copies of lire notice as prescribed by applicable la+v to Burro+vcr and to other persons prescribed by applicable la+r. Truslcc shall give public nolicc of sale to the persons and in II-e nranr-cr prescribed by applicable law. After the time rcquircd by applicable tart, Truslcc, without demand on Borro+rcr, shall sell lire I'ropcrty al public auction to the highest bidder al lire lime and place and uudcr the lern-s designnled in the nolicc of sale iu unc ur wore parcels and in any ordcrTrustcc dclcruriacs.Truslcc may postpone salcuf all ur any p:rrcd of the I'ropcrty bypublic annuuaccmcnt al the liars and placcuf any previuuslp scheduled s:de. l.cntler or its designee way purchase the Pruperl~• al auy s:Qe. Truslcc shall deliver to the purehascr'I'rus(ee's decd cmrvepiug the 1'ropcrty wilhuut any covenant ur +sarrxnty, espresso or ingdicd. The recitals in Ilre Trustee's deed shall be prima facie evidence of lire truth of the slalenrents wade ll-erein. Truslcc shall apply the prucccds of the sale iu the fullu+riug ardor: (a) to all expenses of the srle, including, but nut limited to, reasonable 'I'rustcc's and allorncys' fees; (b) to all sums secured by this Security lnslrunrcnl; and (c) auy ezcess to the person ur persons legally cnlitlcd to il. 22. Itecurrvcyrnce. Upon paymaa of all suu-s securcJ by this Security Insuunrenl, Lcndcr shall rcqucst'fn-stee to reconvcy t rc Property and shall surrender this Sccurily luslruu-cnl and all notes evidencing debt secured by Ibis Sccurily lastnnuenl to Trustee. 'I'rustcc shall rcconvey the Properly wiUrout ++;-rranly and without charge Io Urc person or pcrsarrs legally cnlitlcd to it. Sudr person or Ircrsoos shall p:ry any recordation costs. 23. Suhstilulc'frvslce. Le-uler uray, for auy reason or cause, frou- liu-c to tiu-c removC Truslcc and appoint a successor trusltt to any Truslcc appointed hereunder. Without convd:wce ofthe Property, the successor lnrslce slu~ll succeed to all the title, pow•cr arrd Initials: _~ n7r•.ur+ urnurr. s„~sr~ r.~.~ey •rnntnirut.nrr un-raunr -nsrnunutnr vnu•.~ulurl (YIrrS).ul t:.r.n 7011 9/7U Aw,wrcd S/bl I'agc •l of 5 LN(k: 206381533 • n Truslcc herein and by applicable lae:• cres in arcs or the Property is located within duties cou(errcd upo 2d. Area and Location of I'rupcrty. Gilhcr the Property is uvl uwrc than h-cuty a :w incorporated city or village. 25. lilders to ~;~5~ god agrecn cuts o[ arch s ch-rider sl rll beri tcor~wratetl i-Dilo and shat a-ucud a-~id supplen cnl the-eoverranls InAruutcul, tl-c co a-ul agrcernculs of this Security hrstrumcul as if tl-c rider(s) wcrc a part o! this Security lustruv-cn . jC1-cdr applicable box(cs)I 0 1-4 Pau-ily Itidcr n Coudowinium Rider ® AQjuslnblc Rate ltidcr U Croduatcd Pnyu-cnl Rider 0 Plauncd Uuit Dcvdopmcnt Rider ~~ Diwcckly Payntcul R- cr L ] Sccood I loruc ILdcr (talc luy-rovcn-ent Rider ~~ D:dloou Itidcr ~ Other(s) (spccifyj , V.A. Rider I3Y SIGNING DL'LO W, Oorroo•cr accepts a--d agrees to the terolc and rrovcu:u-ts contained iu this Sccurili• h-suun-cut and iu any lidcr(s) executed by Dorrowcr and rcco-dcd with il. WiUt(sscs: ROLD L. KILLG -' RAYELEI~E M. ALLEN 9~ C..9 P i~ Couuly s.~:.~'k7~ ~~~ S'1'A't'E OF IUAl1O~ 1 1i ~ ~r ~~( before ---c, ~ ~ r'' ~ a Notary I ublic in and for said county and stale, Personally appeared On this ~/~+< day oC y /~'~ / , HAROLD L. KILLGORE and RAYELENE M. ALLEN known or proved lv nlc to be the person(s) wlw executed the 1~-s}te/they cxccu:cu ~.~~ ~..•••~• In wiU-css whereof 1 t-avc 1-crcunlo set my I-and and ~~y»i»rSya~I ~~X2~~ s-s-~~' lnAll<I• Su~~lc I~anuly •FN~INFIII.H1<' IINIFOll~1 INi'1'ItI1~IF.N'r ~'MI• 411(111) (911KL01 f«n~.lUl] 9/70 Aa~~aJeJ 5/9) and acknowledged to u-c that 3•car iu this ccrtiGcalc first above writACU. .~- ,.... Q ,. ST ~~~~.•`~ un~1;uN .- ~ l ,~ :o H • Z :. =; •. .,~ ., '4 ''r COMMIT~NT F•OR TITLE INSURANCE • SCHEDULE C Pile Number. P133731 flre land referred to in this Commitment is described as follows: A TRACT OF LAND LOCATED IN THE SO AN ADA COUNTY OAHO, MORE PARTICULARLOY DESCRIBED AIS 3 NORTH, RANGE 1 EAST, BOISE MERID , FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, WHI IS THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREE 3 THWEST 1143T0 THE NORTHWEST CORNER OFNSA D SOUTHEAST 1 /4 OF SOUTHEAST 1 /4 OF THE SOU / THE SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 49'24" EAST 640.00 FEET ALONG THE NORTH BOUNDARY OF SAI SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4; THENCE SOUTH 0 DEGREE 34'23" WEST 1336.61 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4; THENCE NORTH 89 DEGREES 34'10" WEST 640.00 FEET ALONG SAIO SOUTH BOUNDARY TO THE REAL POINT OF BEGINNING EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY OF VICTORY ROAD. END OF LEGAL DESCRIPTION • LOAN lk: 206381533 ADJ USTAB LL [ZATC [Z[D.ER (1Ycar'frcasury ludcx-ltalcCaps) '1'li1S AUJUS'1'ADLG ltA'1'L' ILIUL'It is t-t:tdc ll-is 15Th Jay oC NOVEMBER, 1994 and is i--carporatcd info and slw~ll be dcc-tcd to autc--d and supplc-ncul the Morlgagc, Uccd of Trust or Sccurity Decd (ll-c "Sccurity Instnuucul") of tic same dale given by the wulcrsigncd (the "Borro+vcr") to secure the I3orrowcr's Adjusls-blc Ra1c Nolc (ll-c "Nolc") to MERIT MORTGAGE CORP . , A IDAHO CORPORATION (tie "Lender") of the sauce dale and covering the prolx:rty described in tie Sccurity lustruu-ent and located al: 2000, E. VICTORY ROAD MERIDIAN, ID 83642 TILE NOTE CONTAINS PROVISIONS ALLOWING FOR C(IANCES IN '1'1IE INTEREST RATE AND T11E MON1'IILY PAYMENT. TIIE NOTE L1MI'I'S TllE' AMOUNT'f1iE BORROWER'S INTEItES'P ItA'fE CAN C1IANCE AT ANY ONE 'TIME ANU Tl[E b1AXIMUAI RATE Tl1E BURROWER MUST 1'AY. AUUITIUNAL CUVENANI'S. lu addiliou to llc covenauls and agrccntcuts madc in tic Sccurity lustruu-utt, Dorro+vcr and Lcudcr furlltcr covenvtt and agree :-s follows: A. INTEREST ItA'I'E ANU A10N'1'IILY PAYDiEN'l' CHANCES Tlc Nole provides for au iuilial inlcresl talc oC 7 . 0 0 0 %~ The Nolc provides for changes in the inlcresl rate and ll-e monthly payments, as follo+vs: 4. IN'fEIiFS"f ItA'I'E ANU 1110N'1'11LY 1'AYD1EN'1' C[IANCES (A) Chrngc Uatcs ,and on flat 11c inlcresl talc I will pay utay cltangc on tic 1ST day oC DECEMBER, 1997 daycvcry 12TH utonlhUicrc:-llcr.Eachdalcmnvhichu-yintcreslralccouldchangciscallcda"CI-augcUatc." (B)'i'le Index Beginning will the first Cltangc Datc, my inlcresl rate will be based ou au Indcx.l'1-c "Indcx" is llc ++~cck y average yield on United $lalcs Tre:-sury securilics adjusted to a constant n-alurity oC I year, as madc available by the Federal Rescrvc Ooard. The most recent Ltdcx figure available as of the date 45 days before cacti Change Dale is called the "Curreul Indcx." If the ludcx is no longer •rvailable, the Nolc I loldcr +vill choose a new index whicl is based upon coatparablc infonttalion. TI-e Nole Holder will give nc notice of this cloice. (C) Calculaliun of Claugcs Before cacl Clangc Dalc, the Notc I loldcr will calcul:dc uty nc+v inlcresl talc by ~ )dlo tl>cTCuOrrcn~i D dex. SEVEN-EIGHTHS pcrcculagc poiul(s) ( 2 .875 'fltc Nole Holder wilt lhcn round llc result oC ibis addition to the nearest one-cighll of one percentage poiul (0.125%). Subject to the limits stated in Seclinu 4(D) below, this rounded awout-(will be my -cw inlcresl rate uulil (tic next Clange Date. The Notc !loldcr will then dctcnuiac tic amount of tic utoutldy payutcut lhal +vould be su[Gcieut to repay t tc i nsubsP nl Ily cqu.~lll>.'ty:ucuts•tc~d-I consult oC lh slcalcuhlaontw Illbctllo nc1aamouttUt,of mytutonll-Iy paymcnlC (U) Limits on inlcresl hale Changes The inlcresl rttc I am required to pay at lltc f rsl Chaugc Uatc will not be grgtcr lh:ut 9 . 0 0 0 or Icss Ilan 5 .000 %•'fhcrcaQcr, nq~ intcnst talc will never be increased or decreased on any single ~t111.TISI'A'f li ADJUSfAI{LIi 1lAl'N; Itlnlill • AllPl 5.1- Single f°e~ily - F°nule NadFreJdle ~Le llolr°nn Lu-ruu~cnt V~1P-1t21A(1tt07)Fu~w)/UN ]/t5 X1111.TISI'M'l?AUJUSI'Aln.l?tlA'1'lilunral-ntlnts-: •s~~~ct~r•.~~uty• r°~~~a~nt°d~P5290RDU.~BAS 'PS2011i1)U ]12 VI+11'~{72A (9]43) Funn 31-I JMS Pagc 1 of 2 ~q `1'~ • LOAN i#l(s) (0 23 0 0 0'~•) percentage po Change Datc by wore thmt TWO front the talc of interest I have been paying for the preceding twelve uwnths. My interest rate will never be grca et lltatt 13.0001. (E) Effective Dalc of Changes My new interest rote will bccoa-c effective on arch Clwnge Dalc. l will pay the au-ouul of n-y ucw u-onUt y )>.~-yurcnl beginning ou U-c Cusl matlldy payn-c--l dale after ll-c Change Dalc until fire amount of n-y nwnUdy )>aywcnl changes again. (F) Nulice of Changes The Nole Holder will delivec or nmil to me a notice oCany cluvtges in my interest rate and the atnomtll -w-lo ntontltty payment before the effective date of any change. The notice will include infonnalion required by : be given ntc and also the title and lclcphottc tmwbcr oCa person who will answer any question t way have regarding the aolicc. B. '1'ItANSFER UFTIIE PROPERTY ORA BENEfIC1AL INTEREST 1N BURROWER Uuifoau Covenant l7 of the Security Instrument is amended to raid as Collows: Transfer o(lhe Pr d- or 7 Y ~B~~al interest insBorrouvcr is sold orltransferPed and Bar owet}is not at-wlurnl in it is sold or transCe person) wiUtout Lcndcr's prior written conscal, Larder utay, at its option, require inunedialc paymclit in full o ~roltibitcd b fcdc al law as of Utc-dalctof tins 3ccur'lly h-strun-c -tslLcnd also shall~i-~o l xcrc'se ibis opl'to~if: P Y (a) Borrower causes to be subeuiltcd to Lender infonualion required by Lender to evaluate tl-c intended trans cree as i(a new loan were being u-adc to the traltsfcrcc; and (b) Lcndcr rcasottably determines that Lcndcr's sc~curily wi l l not be impaired by ll-e loan assumption and that the risk oCa breach of any covettanl or agrecn-cut in this Security lnstrwnent is acceptable to L.ettder. To the extent permitted by applicable law, Lcndcr may charge a reasonable fee as a condition to Lcndcr s acccelablc to Lc ~dcr audtltat obt~ga- es tl c tra ufcree to k¢cp all U-c promises and agrecn ants crgiade i n-lhelNote P and i n ibis Security I tutrumeuL Borrower will continue to be obi ig:tted under the Note and this Security Luuuaten mdess Lcndcr releases Borrower jn writing. If Lcndcr exercises tl-c option to require inuncdiate paytueut iu Cull, Letuler shall give Borrowcc notice of avilltin which Blorrowcr n-usl pay aQ sutnsrtsccurcd by~islSecurUy I utrumcn a1CBo-rrowetr tails tlo paydll-cso sutu prior to the expiration oClhis pcrtod, Lcndcr u-.'ty invoke any remedies pennilled by lhfs Security U-strument witl-oul furtltcr notice or dcumnd on Borrower. • BYSIGNING UCLUW, Borrower accepts and agrees to the lcnns and covenants contained iu this Adjustable Ralc Rider. HAROLD L. KIL ORE RAY L E M. ALL N 111 UL'f1SfA'l'E ADJUSfA1tLK !tA'fE It1UN It - A1111t 5-1-Single 1'a,oily - V~tl'-N21A (8807) F•ru~ 3108 ]!85 P1lIL7'ISfATE AUJUSTAUI.F. RATE I11U611- AItl11 S-2 - Single fay ( 2 F^uule ~1sd4reddle M^c Uu{rurw lualnuuenl l'^uule M^dFreddle (•1ae Uulfnrn~ IiuUvn~rnl 1'SIOIRUU ~"C) t0 '~ Vk-1'.822A(9]US) F•nuJlll ]/85 PagC 2 U ~n`~j ~, L~l~~ 'Y ~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q~~C~t~XX 208-463-0183 Kathy Stroschein Briggs Engineering, Inc. 111 f S. Orchard, Ste. 600 Boise, lD 83705 RE: Sherbrooke Ho/%ws Subdivision No. 1 Dear Kathy: Phones: Area Code 208 OFFICE: Nampa 466-7861 XXXX~X~#X SHOP: Nampa 466-0663 xoa~exxx3E4F6~AdA1Cx The Nampa & Meridian Irrigation District has completed a review ort the above mentioned project. The Ninemile Drain is shown on the plans to be relocated approximately five feet from the toe of the Ridenbaugh Canal. l met on site with Becky Bowcutt, Stan McNutchison and Greg Johnson a few weeks ago and l don't feel this is a good relocation unless the Ridenbaugh Canal was concrete lined and more research would need to take place before any approval was given. Therefore, .l am requesting that you leave the Ninemile Drain in its current location. We wi!/ also. need to be able to maintain the roadway along this area to perform operation and maintenance. The p/ans also indicate a proposed pedestrian bridge, which apparently serves no purpose. The land on the east side of the canal within this area is privately owned and you cannot indiscriminately p/ace a bridge there. The canals are not pathways, we discourage the use of them for this purpose. l feel more discussion needs to take place with the developer and possibly the District's Board of Directors before we address this situation. The drainage plans for the project are in substantial compliance and are acceptable to the District. We will need a license agreement for discharge and any encroachment within the District's easement of either the Ridenbaugh Canal, Ninemile Drain or the Eightmile Lateral. Please feel free to contact me if you feel further discussion is required. r~,~~.~-o^-- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION D/STRICT JPA: dln cc: Fi/e Each Director Secretary-Treasurer Ride 4 -Gil/more Attorney - Steenson Engineer - Shar~1 ~:~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 18 March 1998 ~~ ~~R 2 0 1Q98 +~"Y ~~ ~c~r~iA~ ~~ . ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 2Q~~Qt~~XX 208-463-0183 Kathy Stroschein Briggs Engineering, lnc. 1111 S. Orchard, Ste. 600 Boise, /D 83705 RE: Sherbrooke Hollows Subdivision No. 1 Dear Kathy: Phones: Area Code 208 OFFICE: Nampa 466-7861 X~ACAFXXX~X~~X SHOP: Nampa 466-0663 xea~xxxit06kx The Nampa & Meridian Irrigation District has completed a review on the above mentioned pro%ect. The Ninemile Drain is shown on the plans to be relocated approximately five feet from the toe of the Ridenbaugh Canal. l met on site with Becky Bowcutt, Stan McHutchison and Greg Johnson a few weeks ago and l don't feel this is a good re%cation unless the Ridenbaugh Canal was concrete lined and more research would need to take place before any approval was given. Therefore, l am requesting that you leave the Ninemi/e Drain in its current location. We will also need to be ab/e to maintain the roadway along this area to perform operation and maintenance. The plans also indicate a proposed pedestrian bridge, which apparently serves no purpose. The /and on the east side of the canal within this area /s privately owned and you cannot indiscriminately p/ace a bridge there. The canals are not pathways, we discourage the use of them for-this purpose. l feel more discussion needs to take place with the deve%per and possibly the District's Board of Directors before we address this situation. The drainage plans for the project are in substantial compliance and are acceptable to the District. We will need a license agreement for discharge and any encroachment within the District's easement of either the Ridenbaugh Canal, Ninemile Drain or the Eightmile Lateral. Please feel flee to contact me if you feel further discussion is required. r , ~~-- John P. Anderson, Water Superintendent NAMPA & MERIDIAN /RR/GATION DISTRICT JPA: dln cc: File Each Director Secretary-Treasurer Ride 4 - Gillmore Attorney - Steenson Engineer -Sharp "''City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BCHSE PROJECT RIGHTS - 40,000 18 March 1998 Meridian City Council October 21, 1997 Page 4 Morrow. Well anyway Mr. Mayor to move things along, given there is confusion by the Council it seems to me to be appropriate to table this (inaudible) and then move forward after every one on the Council is comfortable with the Ordinance and where we are at with that. So I would move to table to November 5. Rountree: Second Corrie: Motion and a second to table item 4 to November 5th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO.: Corrie: Council, you have the findings of fact and conclusions of law, any questions on that? Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law. Rountree: Second Corrie: Motion made and seconded we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Morrow. Mr. Mayor, the variance for a block length (inaudible) and a variance for piping the Ridenbaugh Canal, Eight Mile Lateral and Nine Mile Drains for Sherbrooke Hollow Subdivision is hereby granted. Rountree: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea • MERIDIAN CITY COUNCIL MEETING: OCTOBER 21.1997 APPLICANT: WESTPARK CO. ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE FOR SHERBROOKE HOLLOW SUBDNISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS cl~' -~ l~ "~ ~ G U~~ ~ T~ VY~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WESTPARR COMPANY,INC. FOR A VARIANCE OF T$E 1000 FOOT BLOCK REQUIREMENT AND A VARIANCE FOR PIPING OF THE RIDENBAUGH CANAL, EIGHT-MILE LATERAL AND NINE-MILE DRAIN FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testiunony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice o'f the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners `within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned R-4. 4. That the Applicant's application states that the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - SHERBROORE SUBDIVISION\WESTPARR CO. INC. • • Applicant is proposing a 140 lot single family residential development in Sherbrooke Hollow Subdivision. That this block length variance is requested for blocks 2, 7, and 8; that blocks 2, 7, and 8 exceed the maximum block length of 1000 feet due to the unusual configuration of the parcel which limits the lot layout alternatives, creating longer block lengths; that block 2 abuts the Bight-Mile Lateral, prohibiting a discontinuation of the block with a stub street or micropath; that block 7 borders an unrelated parcel, Ada County Highway District determined the location of the stub street, which location creates a block which exceeds the 1000 foot requirement by 80 feet; that block 8 is located in the southeast and northeast portion of the parcel; that two micropaths have been provided to break the block length. That this piping variance is requested because the Ridenbaugh Canal and the Bight- Mile Lateral far exceed the 48-inch pipe size set forth by the City as a size limitation for tiling; that other developments in the area have been required to leave open the Nine-Mile Drain running adjacent to the Ridenbaugh; that Applicant suspects the Bureau of Reclamation will request the drain be open; that the drain collects seepage from the Ridenbaugh along the southeast corner; that Applicant intends to relocate a portion of the drain on the north side of the property. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That at the public hearing, the Applicant testified the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - SHERBROORE SUBDIVISION~WBSTPARR CO. INC. • Eight Mile Lateral, the Ridenbaugh Canal, and the Nine Mile Drain, if piped, would require piping in excess of 48" in diameter; that the Bureau of Reclamation has required that the Nine Mile Drain be left open in the adjoining subdivision; that the unusual features on the property make blocks 2, 7, and 8 difficult to lay out in compliance with the block length ordinance; that micropath connections will be provided to break up the longer block lengths; and that without variances, the property cannot be economically developed because it is unusual in shape and configuration. 7. That the Applicant has the consent of the property owner. 8. That the City Engineer, Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department comments, if submitted, are incorporated herein. 9. There was no further testimony at the hearing. coNCLVSIONs 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - SHERBROORE SUBDIVISION\WESTPARR CO. INC. • • guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That Section 11-9-605 E. of the Subdivision and Development Ordinance states as follows: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be less than five hundred feet (500') nor more than one thousand (1000') in length. 6. That Section 11-9-605 M. of the Subdivision and Development Ordinance states as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal if it finds that the public purpose requiring such will not be served in the individual case. 7. That the following provision of Section 11-9-612 A. 1., of the Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - SHERBROOKE SUBDIVISION~WESTPARR CO. INC. • • Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 8. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the fol~ ing exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be ~.mpracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 9. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in granting Applicant a variance from block length requirements and a variance from the piping requirement and that undue hardship and expense FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - SHERBROORE SUBDIVISION\WESTPARR CO. INC. • n would result if the variances are not granted. 10. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property making the strict application of the provisions of the block length Ordinance and piping Ordinance clearly unreasonable given the unusual configuration of the parcel and the size of the Eight Mile Lateral and the Ridenbaugh Canal for piping. b. That the granting of the variance of block length would prevent extraordinary hardship to the owner, subdivider, or developer because of the unusual configuration of the parcel, which limits the lot layout alternatives. The granting of the variance for piping would prevent extraordinary hardship to the owner subdivider, or developer because both the Ridenbaugh Canal and Eight-Mile Lateral exceed the 48-inch pipe size requirement, and the Nine-Mile Drain will likely be required to be left open. c. That the granting of variances would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That the granting of the variances would not violate the provisions of the Idaho Code. e. That the variances would not have the effect of altering the interests and purposes of these Ordinances or the Meridian Comprehensive Plan. 11. That as to the request for variance of piping under Section 11-9-605 M. of the Subdivision and Development Ordinance, it is concluded that the public purpose requiring the piping of the Ridenbaugh Canal, the Eight-Mile Lateral and the Nine-Mile Lateral will not be served. 12. That it is concluded the Application for a block length FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - SSERBROOKE SUBDIVISION\WESTPARR CO. INC. • variance and a variance from the piping requirements be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN TOLSMA COUNCILMAN ROUNTREE COUNCILMAN BENTLEY MAYOR CORRIE (TI8 BREAKER) VOTED VOTED VOTED VOTED VOTED That it is decided the variance for a block length of greater length than 1000 feet and a variance for piping of the Ridenbaugh Canal, Bight-Mile Lateral and Nine-Mile Drain in Sherbrooke Hollow Subdivision is granted. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSI~JNS OF LAW - PAGE 7 VARIANCE - SHERBROORE SUBDIVISION~WESTPARR CO. INC. Met-idian City Council October 7, 1997 Page 11 rest at ease that he is not the one causing homes to be flooded out. So t would see approval of the preliminary plat from my perspective subject to those three conditions. Rountree: Mr. Mayor, I would agree with what Councilman Morrow said and I would add one point and this is directed to the representative of the applicant. I know you were somewhat distressed last meeting that we would be delayed but I think your efforts with Mr. Shipley are to be commended and 1 think we have a better project because of it. Corrie: Any further comments, Mr. Morrow did you want to make that as a motion, your comments (inaudible). Morrow. I think I can make a motion that is somewhat more concise. Mr. Mayor I would move we approve the preliminary plat for Sherbrooke Hollow Subdivision by Westpark Company with the sewer line to be down Locust Grove Road as we discussed, the to and through concept with water lines to be in place and not looped around, not on properties (inaudible). And the surface water situation resolution to be presented to the Council upon final plat approval and approved by the applicant's engineer and the City Engineering department. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the preliminary plat for Sherbrooke Hollow Subdivision subject to the three conditions stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: At this time I will open the public hearing and your testimony that you gave will be entered into the record. Is there anyone else from the public that would like to give testimony as requesting of the variances? Hearing none Council, I will close the public hearing. Any comments? Morrow: Mr. Mayor, from my perspective I don't have any problem with either the block length or the issue with respect to the ditches that are in excess of 48 inches. Corrie: I will entertain a motion for findings of fact and conclusions of law to be drawn. Rountree: So moved Morrow. Second Meridian City Council , October 7, 1997 Page 12 Come: Motion made and seconded that we give the variance for findings of fact and conclusions of law to the City Attorney. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: At this time I will open the public hearing and invite the representative of Golfview Associates to come forward to give their testimony first. Russ Hepworth, 4418 Clinton Street, Boise, was, sworn by the City Attorney. Hepworth: Like I said I am representing Golf View Estates Limited Partnership and they are requesting a variance for tiling of the Safford Lateral which is located on the north boundary of the Golf View Subdivision. This variance is for phases four and five. These are the last two phases of a five phase subdivision. All of these phases were preliminary platted together and at the time that this preliminary this subdivision was preliminary• platted no requirement had been made for the tiling of this lateral and that the first three phases of this subdivision have been constructed without this requirement. The phases that have been constructed along this lateral have been fenced with the 6 foot chain link fence. We are requesting that the final two phases of these subdivisions be handled in such the same manner to continue the chain link fence. Which would assure the consistency and the protection of the lateral and also maintain access to this lateral and also protect the homeowners of this subdivision from any liability or access to this lateral and have this consistent with the phases that are built and constructed at this time. Corrie: Any questions from Council? Anyone else from the public that would like to issue testimony in this request for variance. Hearing none I will ask the Council any questions or discussion? Morrow. I have a question for Gary Smith, Gary, does this junction does this Safford lateral exceed the 48 inch requirement? Smith: Excuse me just a moment please. Mr. Mayor and Councilmen I am not sure the size of the pipe upstream from this subdivision where it parallels Cherry lane road just outside the fence that Cherry Lane Village wants to build. I just can't recall the diameter of the pipe. I can't imagine that the pipe is larger than 48 inches carrying the water adjacent to Cherry lane Village No. 1. Morrow In any event the fiat three phases were not piped they were allowed to put chain link fence (inaudible). CJ MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: WESTPARK COMPANY ITEM NUMBER: 7 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR SHERBROO,~(E HOLLOS SUBD. AG NCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS 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. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA ' CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 ~~~g y~JIM JOHNSON, Chairman Public WorksBuilding DepaRment (208) 887-221 +j,~+,~ V MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE S E P 2.31997 BYRON SMITH Mayor CtCY 0~ Ii,Et~iDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Sherbrooke Hollow Subdivision BY: Westaark Comaanv Inc. LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove and North of Victory Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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 REMA KS: CITY ATTORNEY CITY ENGINEER CITY PLANNER WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Sherbrooke Hollow Subdivision BY: Westaark Company Inc. LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove and North of Victory Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINAL P `~~C`E ~,~, ADA COUNTY HIGHWAY DISTRICT ~~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH S E P 1 8 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT :f7 +GI?IUTA~ 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: OFFI IA c HUB OF TREASURE VALLEY ~ COUN I M MB R~ ~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer A GOOd PIaCC IO L1VC WALT W. MORROW, President GARY D. SMITH, P.E., Clty Engineer BRUCE CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE D. STUART, Water Works Supt. JOHN r. sHAwcROFr, waste water supt. GLENN R. BENTLEY DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & 2 Administrator MERIDIAN, IDAHO 83642 P & Oh9h!IRCION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W L "BILL" GORDON P ll Phone (208) 888-4433 • FAX (208) 887-4813 `~~;~I '~ V iM~ IM JOHNSON, Chairman Public Works/Building Depatttttent (208) 887-2211~C . . , o ee Chief j MALCOLM MACCOY WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP SEP 2 3 X97 RON MANNING ROBERT D. CORRIE BYRON SMITH Its Mayor ~Y OF Dtl~~, D>1A~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Sherbrooke Hollow Subdivision BY: Westaark COmDanV Inc LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove and North of Victory Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 _,BYRON SMITH, P2 -KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLA ADA COUNTY HIGHWAY DISTRICT R~~'~i-v~'fl ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH SEP 1 8 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT Meridian City IDAHO POWER CO.(PRELIM & FINAL PLAT)Water Superintendes3t U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMAT70N(PRELIM & FINAL PLAT) CITY FILES OTHER: _ ME,2~ ~.~~w ~„¢~FE-a~i o~ YOUR CONCISE REMARKS: rPC-nmm ndati on i a 12" water main to be installed South on Locust v~ ~ ~ ~ ~~zvrv wi i ~ •• cross 4-1•L ° gate Vr~1VP4;blOW off 12"watermain East on Victory f-n F.a c}_ Pnd cif nroJ-~^} to Sherbrook Hollow Sub MERIDIAN WATER DEPT. 2235 N.W. 8TH MERIDIAN, IDAHO 83642 888-5242 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 7, 1997, for the purpose of reviewing and considering the Application of Westpark Company Inc., for a Variance for land located in the S %, SW %a, Section 20, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove, N. of Vic#ory Road. The Application requests a variance to the requirement to pipe the Ridenbaugh Canal and a variance on the maximum block length of 1,000 feet for Blocks 2, 7 and 8. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of September, 1997. A N K. DO , DEP CITY CLERK PUBLISH September 19 and October 3, 1997. i • ATTAC~~1'I' OW(VERS OF RECORD FOR SHERBROOKE SUBDIVISION Richard S. or Linda E. Schaffer 1760 E. Victory Road Meridian, Idaho 83642 (208) 888-6196 Harold Killgore and Rayelene Allen 2000 E. Victory Meridian, Idaho 83642 (208) 368-3123 (W) (208) 323-8732 (H) Clayton or Susan Record 2384 E. Victory Rd. Meridian, Idaho 83642 (208) 888-4786 .-~«:•x~ ~ ~ -'~ _ ~ ~~` ~ ~ 2 '~ ~ ~ .~' '~ s r rs ~;,~~ ~o ,~ , ... ~' . ,~ ~" ( ,. ~~, w~$ `. ~ ~ ~D ~. r ' r~, r1 ''~ ~.. ~~: t . .~~ ~~ . f .,r e ~k *•.~~~~ ''_T T :~~ -~.~ ti, ~,"r ~, .. ,:., ~': K _ 1~ rv i BECKYI • • OWNER iOWNADD3 'IOWNRCITY 0 OWNERZIP 'FARWEST DEVELOPERS INC j4550 W STATE ST .BOISE i ID ' 83703000000 FARWEST DEVELOPERS INC AND 4550 W STATE ST BOISE ! ID ' 83703~A:000000 'FARWEST DEVELOPERS INC AND 4550 W STATE ST ~ BOISE ID 83703 .000000 CARRINGTON MARK & KIMBERLY M ;2955 S LOCUST GROVE RD MERIDIAN ID '' 83642 .000000 'AGNEW MARGUERITE M ;1560 E VICTORY RD , MERIDIAN ID ', 83642 .000000 !MARTIN SALLY D ' 2680 E VICTORY RD j MERIDIAN ; ID ' 83642 .000000 ''STOPPELLO FRANK W & VICKIE M .782 ARLINGTON DR EAGLE SID 83616 .000000 'MARTIN SALLY D 2680 E VICTORY RD ! MERIDIAN ; ID 83642 .000000 BABBITT CLIFFORD D '~ 11881 W AMITY RD I BOISE ID 83709 .000000 ~ SHIPLEY JOHN STANLEY & '2770 S LOCUST GROVE RD I MERIDIAN ID ~ 83642 .000000 J' CHANDLER FLOYD & E YVONNE _ ~ 1760 E VICTORY RD MERIDIAN ! ID 83642 .000000 3~KILLGORE HAROLD LAND 111217 BARDEN TOWER DR BOISE IID 8370 .000000 RECORD CLAYTON III & SUSAN T 4355 W VICTORY RD . MERIDIAN ID ! 83642 .000000 )iMARTIN SALLY D _ ;2680 E VICTORY RD ;MERIDIAN D~' 83642 000000 l!CHANDLER FLOYD & E YVONNE 1' HANSEN MARVIN R & NANCY J 3 INTE_RMO_UNTA_IN GAS CO_ :1760 E_VICTO_RY RD___ _ 2460 E VICTORY RD ! PO BOX 7608 !MERIDIAN IMERIDIAN BOISE _~ SID iD '' ID 83642 83642 83707 .000000 .000000 .000000 I ' COONSE RICHARD W & RHONDA K 2000 E VICTORY RD _ ___ !MERIDIAN _ _ ' ID 83642 00000 CREECH CHARLES L SR & MARY M _ 1,2310 E VICTORY RD IMERIDIAN 'ID 83642 000000 )!WATTS MARY LOU AND !1835 E VICTORY RD !MERIDIAN 'ID 83642 000000 ' 'USA 'IMORGNER E M REV LVNG TRUST I MO_RGNER E M RE_V LVNG TRUST ~ j4526 BETHEL 14526 BETHEL __ ____ !BOISE BOISE _ ID ID 83706 83706 0.000000 .000000 .000000 I' MCALVAIN TORRY & CARRIE ;1975 E VICTORY RD _ !MERIDIAN ID _ 83642 .000000 ~1~~m~' Page 1 ~ ~ Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance; 1~9! Statement that special conditions or circumstances exist that were not a result of the applicant's action; 1g:~ Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands. structures or buildings in ~,. the same district; ,~Ql. Relationship of the proposed variance to the Meridian /;--'Comprehensive Plan; '?'1. A fee established by the Council; 5250.00 51. ~J- for each certified mailing to be sent = Total Fee. ~. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. • ~ APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. (Application available from Administrator): Address of subject property; (y/ Narne, address and phone number of applicant; Name, address and phone number of owners of subject property; Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner; ~'~ Legal description of subject property; Present use of subject property; What is intended to be done on or with the property; ~:' The district that pertains to the subject property; Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required; ~~~10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction; ~• A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300) feet of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered; Characteristics of subject property which prevent compliance with the •requirements of this Ordinance; ~:' Minimum requirements of this Ordinance that need to be reduced to permit proposed use; Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property; Unusual. or peculiar regulations of this complied with; circumstances which indicate that Ordinance should not be strictly 1~6. Statement that special conditions and circumstances exist. which a•re peculiar to the land, structure or buildings involved and which are not applicable to other lands, ,,.-; „•~ ~~ ~•~ r..,- ~ di nos in ?he same district ;