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Sherbrooke Hollow Sub PP
WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning 8t Zoning Comrrission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: AAaY 6, 1997 TRANSMITTAL DATE: 4J18/97 HEARING DATE: 5!13/97 REQUEST: Preliminary Plat for 139 Single-famifY Lots and 1 Daycare Lot on 48 7 Acres in a Proposed R-4 Zone -Proposed Sherbrooke Hottow Subdivision E of Locust Grove and N. of Victory Road BY: Westpark Company, Inc. LOCATION OF PROPERTY OR PROJECT -S 1/2, SW 1l4, Section 20, T.3N., R.1 E.. B.M.. Ada County. Idaho JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, CIC GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL O(STR(CT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY MIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. ~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. ~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8~ FNVAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~UEST FOR SUBDIVISION AP~VAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was-made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Sherbrooke Hollow Subdivision 2. General Location, East side of Locust Grove and North of Victory 3. Owners of record, See Attached Sheet Address, ,Zip Telephone 4. Applicant, Westpark Company. Inc. Address, P. O. Box 344. Meridian. ID 83642 5. Engineer, Kathy Stroschein Firm Briggs Engineering. Inc. Address, 1111 S. Orchard. Suite 600. Boise. ID Zip 7 5 Telephone 344-9700 6. Name and address to receive City billings: Name Westpark Company. Inc. Address P. O. Box 344. Meridian. ID 83642 Telephone 888-9946 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 48.70 2. Number of lots 139 Single Family Lots. 7 Common Lots & 1 Day Care Lot 3. Lots per acre 3.02 961102\subappl.mer (1) 4. Density per ac~ 2.87 • 5. Zoning Classification(s) Existing Zoning RT. Requested Zoning R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification RT (Rural Transition) 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No. Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain. 11. What school(s) service the area Mary McPherson , do you propose any agreements for future school sites No ,Explain 12. Other proposed amenities to the City Central Water Supply Hydrants Fire Department, Central Sewer, Other ,Explain Extension of water in Locust Grove & Extension of Nine Mile Sewer Main 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other Single Family Dwellings 15. Proposed Development features: a. Minimum square footage of lot(s), 8.000 SF b. Minimum square footage of structure(s), 1.400 SF c. Are garages provided for, Yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for Yes ,Describe 30 foot Landscape are adjoining Victory Road. Landscape Lot at Locust Grove entrance. (1) Drainage Lot. Tot Lot and Riparian are adjoining Ridenbaugh Canal 961102\subappl.mer (2) Trees w~e provided for Yes ,trees will l~aintained by the Sherbrooke Hollow Homeowner's Association g. Sprinkler systems are provided for Yes h Are there multiple units No ,Type Remarks Are there special set back requirements No , Explain j. Has off street parking been provided for Yes Explain Garages and Driveways k. Value range of property N/A Type of financing for development Conventional m. Protective covenants were submitted Yes ,Date Sample Covenants 16. Does the proposal land lock other property No , Does it create Enclaves STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 961102\subappl.mer (3) • • STATEMENTS OF COMPLIANCE SHERBROOKE HOLLOW SUBDIVISION 1. All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of--ways will be 50 feet with a 37 foot improved section and 5 foot sidewalks on both sides. The proposed streets will meet the improvement standards set forth in the Meridian Zoning Ordinance. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The plan designates a majority of the property as single family residential development. A small portion adjoining Locust Grove Road adjoining to the Eight Mile Lateral is designated as mixed/planned use development. This area would accommodate the proposed day care use on the lot isolated on the west side of the Eight Mile Lateral. 3. The development will connect to the existing 12-inch water line in Locust Grove. The existing sewer main is in Los Alamitos Subdivision at Bayou Bay Street would be extended south. Mr. Frank Stopello owns the parcel between the subject property and Los Alamitos Subdivision. The developer and myself met with Mr. Stopello concerning a sewer easement through his property. Mr. Stopello has been provided a lot layout for future development of his parcel. Mr. Stopello conditionally agreed to provide an easement to the City of Meridian for a sewer extension. He set forth conditions which included monetary compensation, a requirement for Westpark Company to construct the sewer within the easement and provide services for future lots within the trunk line corridor. This agreement is currently being drafted based upon the verbal agreement between the developer and Mr. Stopello. 4. The applicant is requesting a zoning designation of R-4. The development is subject to the dimensional standards of the R-4 zone. All proposed residential lots meet or exceed the 8,000 square foot minimum lot size. All lot frontages meet the 80 foot requirement with exception of the cul-de-sac lots and lots on a 90 degree bend in a street. These lots fall within the 40 foot frontage requirement. The development complies with the provisions of the Meridian Zoning Ordinance with the exception of Section 9-605(E) Blocks. Two of the proposed blocks exceed 1,000 feet. Block 2 (lots 2-19) is 1,550 f feet in length and block 3 is 1,035 feet. Block 2 abuts the Eight Mile Lateral which obviously prohibits a break within the block. Block 3 is an abnormally shaped block due to the restricted point of approach to Locust Grove and the unusual shape of the parcel. 5. The preliminary plat reflects existing easements associated with the Ridenbaugh Canal, Nine Mile Drain and Eight Mile Lateral. 961102\statment.com • • 6. The street names on the preliminary plat were approved by the Ada County Street Name Committee (See attached review sheet). 7. A variance will be required for the two previously mentioned blocks which exceed the 1,000 foot maximum length. (See statement number 4) 8. Development Features: The property consisted of 48.70 acres and is currently zoned RT (Rural Transition). The proposed development has 140 buildable lots which includes 139 single family residential lots and lot (lot 1, block 2) for a potential day care parcel. The density would be 2.87 dwelling unites per acre. This density is consistent with adjacent developments (Salmon Rapids and Los Alamitos Subdivisions). Seven common lots have been provided for right-of--way buffering, drainage and recreation. Micro-path connections have been provided for adjacent to the Ridenbaugh Canal. The developer would prefer to make a pedestrian bridge connection to the east. This would be contingent on obtaining Nampa Meridian Irrigation District approval. The development provides (2) stub street connections to adjoining parcels. The northeast stub connects to the Stopello parcel and a southeast stub to the Hansen parcel. 9. Traffic Impact: Three traffic studies were provided on the previous applications. I have reviewed the traffic studies and previous Ada County Highway District comments. The submitted preliminary plat reflects the comments and utilizes two entrances to decrease the volumes placed on the interior streets. Dobie Engineering has been retained to revise the earlier traffic study to reflect the new layout. This study will be submitted to Ada County Highway District on 4/16/97 for their review. 961102\statment.com DESCRIPTION FOR PROPOSED HIGHLANDS RANCH WEST SUBDIVISION - April 9, 1997 A parcel of land being a portion of the South '/z 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 RACIRww pTwTp rU.D. IR,RLw T1r0 20Nr0 RT C ( wYW RO. w) 11 u a m ~~YC _ _I - - _ _ ~ mRO w,a > n w =1:ag63 ~ jIl ~I $ + ~ E +ERS ~ Q III ~~. y " r ... Ei 5$9 III I ~~' { 'r' _'!y _~n it~- ~ ~. r Y k ~ q'. y. L ~ _ ~~u ~R Ali ~~~ ~~~~ ~QRI~ ~: { ~ E * f~ ... ~~ ~ E°,s- i" E °a I ~I • • n { ~ • .., ,w A III Na j'/ ~u { Ia • 3 Es d ni' ;~ ~ .o{ Ea •fi ; .• ~_ ' II I III i `' ~ a!- _ _ ~ ~- i~` Tg q I ' ' ,RT b ~9~~i ~~ ~ p~ I I NOSOf70'W ~19A0' ~~ ;w-{ E: a • a: 4~u E a E:i r S ~: ~r • y 1 it ,i ~ I nr ',r • .a• j o ~"6 s, n[. Rr ti6 ~ oo• .~ W ~~ ~ a R. Ii ^ a ~•A~ wr ~•° ~~##?~~~~ J ~ p ~ ' ' of :~ E ° ° {~I; ! a ~: ~~qal<;'{F~ ^III i-.ga aEbP p"a sr !-7, --_ ~~~ ~~ $ '~_ ' 6~ nr Cu • ~ f I x ~ r f f •wr ~ ;fit Ec `~ - • a Qf I~ I k _ Q ''~ K. 9 ~ ~ I aE: '4* p p ~ e~ 3 ~ '~~ ~ ~ g I ~ I s oo'~I'22' w E~~ = 4~E ~ = E : ~ w~a~~ { ' C5 Pa + fs ~ 3 ~ ~ ~ 5~ ~ ~ PIII I • R °'~ ~~ 6~: a ta' • $ ~ ~ ~~ Y i 0 i (I s . -1 Y cl E'~ a aE tt ,W a ~ Q~ I I ~ I ~ ° a ~. ~ z; ' ~ ~ .~ i i~~~ ~, C*~ R ! ~ r D ~ ` ~L~P y44•~ ~ ' y t! €c ft III ~ 'r ,§ L I I ~ ,' I E I %~" r~ ~ ~' I O! i ~~ /, ^- j' i I I ~_ ~ ~~- ~''- I I i ~ I I f yZ { MERivi,~N ~iTY uH~rs nr~ PITY VICINITY MAP 600 0 600 1200 Feet N 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 Preliminary Plat for land located in the S '/, SW %4, Section 20, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove, N. of Victory Road. The applicant requests Preliminary Plat approval of the parcel of land above described for 139 of single family dwelling lots and 1 daycare lot for Sherbrooke Hollow Subdivision. 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. ANA . DOTY, D UTY TY CLERK PUBLISH September 19, and October 3, 1997. ae~ -~ or-mwr cr uiae/a ' .,.`~. re we ve • ~ ns ~wae ~ uu lYL AyYpvwPOY~ .~.o xoisUCaens e a x 4^4 p „„~,s.,.,~ sU~Cios ~looxe2ffi~ls ~ i ,~.. a a .~ ~~~~~- sz ~ ~ -~ ~- ~ a resoz R e ~~ III =R~ ~~ ~ ~ ~,vc¢ ~ * • w I ~~~~ ~ iw ,x~ ~~ II : ~ o /_ " ~ ; ' 4 ~~ •~ t i s ,,. « s g ~ ,e . ~^~° '~ w ~~ rah a; ~~° ~i ji ~ ~ ~ ~~ ~ 6 ~ ~ $~ ' ~ « • p ~~~ _ i ~ ~ i ~. ~a ~~ ~ ~a '-~ ~ w oC i ~ ~ Lu ~ i ~ ~ ~ O~j~ I ~ ~] m I L } f i i * ~ ' ar • ~ w I {~ ~t ~ ~ ~ .• ~ s ---' '--~^~ - -' ; ~ ) ; III ~ a ~Y• I^_-_- - [ Jil ~ • ~ Y . y 0 C ~ I I i i/~~_ { f~~ ~ fiS ~ ~ Ep ^i 4 I Yi I •y a ~ w~ I ~ ~~ q N. ~L_ I+~' I~ 6iiyl i}j6 rJ! 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M i ~ ~ I~I pO~.1Y F € ~peK ~ 311 33 _ ! ~, -, - -- , ~-' V-w aa.wz I . - 1. ~bM saJYL WTYD NZ _ _ _ lY mMD2 ._ . { OYt~"~ 'OYlli O1Y123 V•=NDYY ,~u g~c-r (~E~LIDIArN C'.IT`( LlMlty /r VICINITY MAP 600 0 600 1200 Feet N 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 August 5, 1997, for the purpose of reviewing and considering the Application of Westpark Company Inc., for annexation and zoning of approximately 48.7 acres of land located in the S '/, SW %4, Section 20, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove, N. of Victory Road. The Application requests a zone of R-4. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 139 of single family dwelling lots and 1 daycare lot for Sherbrooke Hollow Subdivision. 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 18th day of July, 1997. WILLIAM G. BERG, JR., LERK PUBLISH July 18 and August 1, 1997. n U MERiviaN ~iTY uM~rs _ pu, P,~~TY /' VICINITY MAP 600 0 600 1200 Feet N • • M,r.F.w.w~.1.. r.V Y. .WI ~.1 ]W-O)IIW 51Y L/11/.0 ' t V.Yw wtlw~rr.1 JI JI ,llM wt 010 OI1°~~tr LR LMp.S1111 ~~ lrltl AYr N'r Wll]Ytl - J w e - NOISIAIQHl1S a ~, ~eu~w~M~ SM01'IOH ~I0088tI3FIS OVOtl 31Or3 "5 l~ ~ ~ ~ ~ ~ ~ N N 9 H' N i I' i v ~~ II ~ g III ~~ s ~ ~ it <8 ~p~. °"ry~y^ cc 1 I F lea ~F ~~ f~ ~~ ~~ ~iEi,b~~^i1~` / - III ~ ~~~ ~~3~ ~~ ~ z ~ .s ;r l ~ I ~°e ~~~ s ~• ~ ~ rl,~ - ~ ¢ ~ ~ ~, ~ ~ ~. ~ ;~,9r r+ Rlb ~ ~ III ~ H ~~ 1 b II ~ s 9 ~~ ~ ~ ~ Ck 9 ~ i t R ~ rrcce l I ~~ ~~ ~ ~ ~ #~ ~~ ° ~ ~ i i M .zt.eoo a I .Y ~ ~ ~~ I I 1 1. ,0°~e M -`\ I I ! ° ~ 6 lwls~ Y-~S ° Ili ~~ ~ @ ~~ ~ ~~ 1 I ,M fn M ~. e 1 Z~0 ° rf b ~~ I (I 1, I I 7 3 k° I ° i '~ .~ i» sll 1 z~N l l I ~ ~ - a - i ml n p~ x ° ~' ~ ' 9 ~ l ~ --- ~----- n ~ a ,11 l II-' ~ ~ ~; ~ I ~ wl tt nl .. .oo a I~ ~ I l + .i. N ~ » ~) c I ~ ,1. I i ~/ :~ $~°~ s O " I l -~ / g~ a ° ~ 'j~~, ,., „';~- „~ z ~F .~k it ~~ l~ ~~ I ° ~K. .N ,N ~ ~1 R ~ Ir ~~.~ r s ~ 4 R • k g I~ ; :9 / b a °~ u, psi ' ~ ff ,11 rN ~ I s ~ ; ~ I ~ d ~` ~~a ' ' 3 #' ~ .t ~ ' Y " ~ " i '•' R ,1T , Y a ~ ° ~ ~ ,pYbIC M .OFfOSp N I I !'~ ~_ -7 ? -~ 4' -fib ~ p A_, ~~ ~ '~ t9 °•, / Ilti I I I • I o~ °~ ~.~ °~ ¢^ ~ - ~+ i ~~~ ~D ? .~ ~" III' I I I + ~ o _ ~ p p1 "' °' N /~ s II ~ °~.. k•i o "i °~' o-~ %J " III II J ~ S°K ° j ~ O : / gJN (~ \ III N ~5~~ ~~ ~ ~ 3 ~" "~ " "~.: ~~ " ~ s ' IP l./ll i fff ill u 931~~~ 1~ d b •~~ I~ for ~ ! ~ ~ k p~ Y ° ~ # / n I I d 17 , ~"~: °~ x : ~ I: III " ~~~g~' n..a,Nv .orswo~. I I .wn,y°.Iwnar - - - - ~~ ~~ h ~oN swmi vi° Nn 3 > ~ -a.ns ali•.rl°~o vNnuv» I---~ I I 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 Planning and Zoning Commission 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 7:00 p.m., on June 10, 1997, for the purpose of reviewing and considering the Application of Westpark Company Inc., for annexation and zoning of approximately 48.7 acres of land located in the S '/, SW %4, Section 20, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located East of Locust Grove, N. of Victory Road. The Application requests a zone of R-4. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 139 of single family dwelling lots and 1 daycare lot for Sherbrooke Hollow Subdivision. 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 23rd day of May, 1997. WILLIAM G. BERG, JR., C ERK PUBLISH May 23 and May 30, 1997. MAR 19 '9? 1306 FR CITY ~ MERIDIAN 208 887 4813 TO .x45295© P.01.`03 3~ ~~ ~ ~~~ CITY OF MERIDIAN P'RLL1MII~tARY SUBDVISIOI~T PLAT CHECKLIST iNCOMr'LTsT)I ApP'I.ICATI~+TS WILL. NOT BE PROCBSSED APPLiCATIbNS MUST BE SUBIVIITTED THIRTY ('3U) DAYS PRIOR TO NEXT REGULARLY SCHED[JLED P&Z MEETING- i~ ~ rr__ L 1'~-nNA WI~SIaAY1 ~/SgI9~ 1. Pr~AppltiCah0~1 ~ 1fl~t)~ ~~ 2. Tberty {30) copies of the completed and executed ~~~~~ writ#m application form 3. Proof of current olwnership of the real property included is the pr+elimina><y plat and aansernt of ~ [v ~ ff~ recorded owners 4. Name and address of peaty to receive billinpslcarrespondence ~ /','~-P~-'~"T '~~~°~u~""~~'~ 5. Legal desca~ptian of subdivision preparal and stamped by ~ I.amd 5aaveyor at reliminary pl p (34) ccopies of tfie 6. Thi rty ~~ y ~ _ M ~ ~ t~ ~~ ~ aV~s ~. 3 ~IW W.f~oDS ~n~ y~, • ~ ~ ty ~ ~ m ~ Q ~ .~~IJ~G W W t ~ n ~y ~y ~. ,y{ ~,, u ~ ~, , W .~1~1~ m~l~r. a. Pr+o~aseci Subdivision Name ~ / b. l~raftia~ die ~ c. S~onal location of plat - Caut>t~ ~~-~ T /~~ T'"r d. Nozt6 atmw e. Scale of plat (not smaller than 1' =10(I') ~ /~`-~ ~ f. Names, addresses and telephone nambecs of owner, subdivider flr subdividers ~ ~,~ y ~ Qr ~}I~h11C~ '4V~10 ~ ~L ~ 7,.,,. ~ ~' ,, ~~ preQSi'ed t~ pY~~~"""'~~a !"""~ g. SCatemcat of ux of tt~e plropo~xl s~~ (i.e.,l~dentiil sinSle`familY, two-family and mahrRle g~ ~~ ~ I~c-,~ T" indus~'ial, rex'.r~tional oT agricarihasl) b. Sites proposed far petits. plaY+ schools, - f churches ar crtbar public uses /A - i. Streets, street names, ri~~f a'a~' amd roadway ' " widths, inch,diag adjoining stt~+eets or r+Qadways; --1 ~ ~ MAR 19 '97 13 07 FR C[TY OF i"ERIDIAN 208 88? 4813 TO 3452950 P.02~03 • • PREI.IIIrIDYARY PLAT CHEG~.IST j't"EM ~. I.tit lines and bloclrs showing. scaled dimensions and nnm~bers of each;, k. Legcmd of symbols . 1. Mom r+esudm~al htxrse rise m. Contour lines, showfl at 5' inben-als where land slope is greater than 109'v and. at 2' intervals where land sl~opo is 109b or kss, recd to an established ~, including lotion and dcvat~n; n. Any proposed or existing utilities, including, but not limited ta, storm and sttnitmy sewers, irrigatirna late~ds. dibehGS, drainage, bridges, calverts, water maims, fire hydrants, ~~ presa-rizcd irrigation amd their respoCtive prol~les o. Any dedications to the public and/or its together wrath a staoemeat oaf bcation, ins and purposes of such P- Irr sare~t P~ method of disposal and ~proval from the affected ds~tinage district q. Floodplain boaad$zy as detexmine~d by FP.MA ar amend due boundary r. Stub streets t+o pr~avide access to adjacent ui>dcveloped land or e~sling roadways (block lengths do mot txcexd 1,400'} s. (~-dc-sac lengths rant is v~cess of 450' 7. A staff as to whether or not a variance will be requested with r+espext to any pron~iott of the U~iaancde dcsarrbing the pauticular provision, tl~e variance requested, and the reason $. A statenremt of devdo~pnacnt features Page2of3 CbMMENTSlDA1"E !°u!- ~ -- /'~A~ ~ Pr..r r" ~ ~~ T ~ r~-- ~ Pr.~=r' 1°~A-'~~' ,~~rf,K~r ~ 0~) ~ ~r~r~.~.tila- o ~ ~ ~N ~. 9. A map of the emirs roes. scbedu~led f+ar devclapmeut if the proposed sabdivisian is a pastion of at isrger holding intended for sabsequer+t devGiapntea~t MAR 19 '97 13 97 FR CITY OF MERIDIAN PRELIMINARY PLAT C#I$' Page 3 of 3 COMiVffiiVT5/DATE 10. Thirty {30} caapies of a vicinity map sdowiag a minimum 1I2-mile radius from exterior boutrdar'iss aF plat, inclnding land use and existing acyning of proposed subdivision, and ~~~ - adjacent Laud (s~a1e apcianal) 11. Thirty {30} copies of a l"=300' scale map on 8~fs" x 11' paper indicating all adjacent deve aadlar tars of record witbdn 300' of any boundary of the proposed deveiopmest, with the laryout of the proposed development in bold outline. ~ ~J"'T '~~'~' 1'~ 12. A st8cbemest of traffic impact on e~istiag adjacent roadways and intersections 13. Four (a} sets of oanceptaal engineering ply, including rive profiles 14. Fee Paid - $340.00 ~ 1~ Lots ~ $14.04/Ldt~ ~, 770~°O~ ~ certified maitis~s f~ 51.42/mailing C~ 3t < 1 N 1 S. Proposed restrictive coa-~ andlar deed restrictiiaa~s i6. A site rcpoit far establisfimbenot o~f the higlbcst seasonal groundwater elevation 17. Other I~ormstion as Requested bj- Administrator, City Engineer, planning ~ Zanin$ Cotamission, or City Coimcr~ e ~~~'~~~~ eFM p~ ~e~. REVIBFK BY Sl~'Stiles~.glsnning & ?~mug~Lgln~~ - D APPLICATION ACCEPTANCE DATE: 9 l~l3o,s° 31,2` ** TOTAL PAGE . 03 ~oic 208 88^ 4813 TO 34529 P.03%03 • • • DRAFT MASTER DECLARATION OF COVIIVANTS, CONDITIONS AND RESTRICTIONS FOR SHERBROOKE HOLLOW SUBDIVISION THIS MASTER DECLARATION OF COVELVANTS, CONDITIONS AND RESTRICTIONS FOR SHERBROOKE HOLLOW SUBDIVISION is made effective as of the day of , 1997, by Gem Park II, an Idaho General Partnership ("Grantor" and "Class B Member"). Y • TABLE OF CONTENTS • Page ARTICLE I: RECITALS .........................................................1 1.1 Property Covered ................................................ 1 1.2 Residential Development .......................................... 1 1.3 Purpose of Master Declaration ....................................... 1 ARTICLE II: DECLARATION .....................................................1 ARTICLE III: DEFINITIONS ...................................................... 1 3.1 "Architectural Committee" ......................................... 1 3.2 "Articles" ..................................................... 2 3.3 "Assessments" .................................................. 2 3.4 "Association" .................................................. 2 3.5 "Association Rules" .............................................. 2 3.6 "Board" ...................................................... 2 3.7 "Buildin¢ Lot" .................................................. 2 3.8 "Bylaws" ...................................................... 2 3.9 "Common Area" ................................................ 2 3.10 "Declaration" .................................................. 2 3.11 "Grantor" ..................................................... 2 3.12 "Improvement" ................................................. 2 3.13 "Limited Assessment" ............................................. 2 3.14 "Local Association" .............................................. 2 3.15 "Local Association Board" .......................................... 2 3.16 "Local Common Area" ............................................ 3 3.17 "Master Association" ............................................. 3 3.18 "Member" ..................................................... 3 3.19 "Owner" ...................................................... 3 3.20 "Person" ...................................................... 3 3.21 "Plat" ........................................................ 3 3.22 "Property" ..................................................... 3 3.23 "Ridenbau~h Canal" .............................................. 3 3.24 "Regular Assessment" ............................................. 3 3.25 "Special Assessment" ............................................. 3 3.26 "Supplemental Declaration" ........................................ 3 3.27 "Sherebrook Hollow Common Area" .................................. 3 3.28 "Sherebrook Hollow Subdivision" .................................... 4 3.29 "Tract" ....................................................... 4 ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS .................................. 4 4.1 Structures -Generally ............................................. 4 4.1.1 Use, Size and Height of Dwelling Structure ....................... 4 4.1.2 Architectural Committee Review .............................. 4 4.1.3 Setbacks and Hei;;ht ...................................... 4 4.1.4 Accessory Structures ....................................... 5 4.1.5 Driveways ..............................................5 4.1.6 Mailboxes ............................................. 5 4.1.7 Fencing ...............................................5 TABLE OF CONTENTS - i • • 4.1.8 Li htin ............................................... 5 4.2 Antennae ..................................................... 5 4.3 Insurance Rates ................................................. 5 4.4 No Further Subdivision ............................................ 5 4.5 Signs ........................................................ 5 4.6 Nuisances ..................................................... 6 4.7 Exterior Maintenance; Owner's Obligations .............................. 6 4.8 Drainage ..................................................... 6 4.9 Grading ...................................................... 6 4.10 Water Supply Systems ............................................ 7 4.11 No Hazardous Activities ........................................... 7 4.12 Unsightly Articles ............................................... 7 4.13 No Temporary Structures .......................................... 7 4.14 No Unscreened Boats, Campers and Other Vehicles ........................ 7 4.15 Sewage Disposal Systems .......................................... 7 4.16 No Mining or Drilling ............................................ 7 4.17 Energy Devices, Outside ........................................... 7 4.18 Vehicles ...................................................... 7 4.19 Animals/Pets ................................................... 8 4.20 Landscaping ................................................... 8 4.21 Exemption of Grantor ............................................. 8 4.22 Water Rights Appurtenant to Subdivision Lands ........................... 9 4.23 Commencement of Construction ..................................... 9 ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION ................ 9 5.1 Organization of Sherebrook Hollow Homeowners' Association ............... . 9 5.2 Membership .................................................. .9 5.3 Voting ...................................................... .9 5.3.1 Class A Members ........................................ 10 5.3.2 Class B Members ........................................ 10 5.4 Board of Directors and Officers ..................................... 10 5.5 Power and Duties of the Master Association ............................ 10 5.5.1 Powers ............................................... 10 5.5.1.1 Assessments .................................... 10 5.5.1.2 Right of Enforcement .............................. 10 5.5.1.3 Delegation of Powers .............................. 11 5.5.1.4 Association Rules ................................. 11 5.5.1.5 Emergency Powers ................................ 11 5.5.1.6 Licenses, Easements and Rights-of-Way ................. 11 5.5.2 Duties ............................................... 12 5.5.2.1 Operation and Maintenance of Sherebrook Hollow Common Area ............................................. 12 5.5.2.2 Reserve Account ................................. 12 5.5.2.3 Maintenance of Berms. Retaining Walls and Fences ......... 12 5.5.2.4 Taxes and Assessments ............................. 12 5.5.2.5 Water and Other Utilities ........................... 12 5.5.2.6 Insurance ...................................... 13 5.5.2.7 Rule Making .................................... 13 5.5.2.8 Newsletter ..................................... 13 5.5.2.9 Architectural Committee ............................ 13 5.5.2.10 Enforcement of Restrictions and Rules .................. 14 5.6 Personal Liability . .............................................. 14 5.7 Budgets and Financial Statements ................................... 14 TABLE OF CONTENTS - ii • 5.8 Meetines of Master Association ..................................... 14 ARTICLE VI: LOCAL ASSOCIATIONS ............................................. 14 6.1 Creation by Grantor ............................................. 14 6.2 Management. Powers and Duties .................................... 15 6.3 Members of Local Associations ..................................... 15 6.4 Votine in Local Associations ....................................... 15 6.4.1 Class A Members ........................................ 15 6.4.2 Class B Member ........................................ 15 6.5 Annual Meetings of Local Association ................................ 15 6.6 Special Meetines ............................................... 16 6.7 Quorum and Officers of Meetines ................................... 16 6.8 Powers and Duties .............................................. 16 ARTICLE VII: RIGHTS TO COMMON AREAS ........................................ 16 7.1 Use of Sherebrook Hollow Common Area ............................. 16 7.2 Designation of Common Area ...................................... 17 7.3 Delegation of Rieht to Use ........................................ 17 7.4 Damaees .....................................................17 ARTICLE VIII: PRESSURIZED IRRIGATION .......................................... 17 8.1 Irrieation District Service ......................................... 17 8.2 No Private Svstem .............................................. 17 8.3 Water Master ................................................. 17 ARTICLE IX: ASSESSMENTS .................................................... 17 9.1 Covenant to Pav Assessments ...................................... 17 9.1.1 Assessment Constitutes Lien ................................ 18 9.1.2 Assessment is Personal Obligation ............................ 18 9.2 Regular Assessments ............................................ 18 9.2.1 Purpose of Reeular Assessments ............................. 18 9.2.2 Computation of Re¢ular Assessments .......................... 18 9.2.3 Amounts Paid by Owners .................................. 18 9.3 Special Assessments ............................................. 19 9.3.1 Purpose and Procedure ................................... 19 9.3.2 Consistent Basis of Assessment .............................. 19 9.4 Limited Assessments ............................................. 19 9.5 Uniform Rate of Assessment ....................................... 19 9.6 Assessment Period .............................................. 19 9.7 Notice and Assessment Due Date .................................... 19 9.8 Estoppel Certificate ............................................. 19 9.9 Special Notice and Ouorum Reouirements ............................. 20 ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ................................. 20 10.1 Right to Enforce ................................................ 20 10.2 Assessment Liens ............................................... 20 10.2.1 Creation .............................................. 20 10.2.2 Claim of Lien .......................................... 20 10.3 Method of Foreclosure ........................................... 21 10.4 Reauired Notice ............................................... 21 10.5 Subordination to Certain Trust Deeds ................................. 21 1f1_Fi Riahtc of Mnrtoaaaac 71 TABLE OF CONTENTS -iii • • ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ..................... 21 11.1 Member's Ri;?ht of Inspection ...................................... 21 11.2 Rules Re~ardina Inspection of Books and Records ........................ 21 11.3 Director's Riehts of Inspection ...................................... 22 ARTICLE XII: ARCHITECTURAL COMMITTEE ........................................ 22 12.1 Creation ..................................................... 22 12.2 Grantor's Right of Appointment ..................................... 22 12.3 Review of Proposed Construction ................................... 22 12.3.1 Conditions on Approval ................................... 22 12.3.2 Architectural Committee Rules and Fees ........................ 22 12.3.3 Detailed Plans .......................................... 23 12.3.4 Architectural Committee Decisions ............................ 23 12.4 Meetings of the Architectural Committee .............................. 23 12.5 No Waiver of Future Approvals ..................................... 23 12.6 Compensation of Members ........................................ 23 12.7 Inspection of Work ............................................. 23 12.8 Non-Liability of Architectural Committee Members ....................... 24 12.9 Variances .................................................... 24 12.10 Local Architectural Committee ...................................... 24 ARTICLE XIII: EASEMENTS ..................................................... 25 13.1 Easements of Encroachment ........................................ 25 13.2 Easements of Access ............................................. 25 13.3 Drainage and Utilitv Easements ..................................... 25 13.3.1 Improvement of Drainaee and Utilitv Easement Areas ............... 25 13.4 Rights and Duties Concerning Utilitv Easements .......................... 26 13.5 Driveway Easements ............................................. 26 13.6 Disputes as to Sharing of Costs ..................................... 26 13.7 General Landscape Easement ....................................... 26 13.8 Overhang Easement ............................................. 26 13.9 Maintenance and Use Easement Between Walls and Lot Lines ................ 26 ARTICLE XIV: MISCELLANEOUS ................................................. 27 14.1 Term ....................................................... 27 14.2 Amendment .................................................. 27 14.2.1 By Grantor ............................................ 27 14.2.2 By Owners ............................................ 27 14.2.3 Effect of Amendment ..................................... 27 14.3 Mortgage Protection ............................................. 27 14.4 Notices ..................................................... 27 14.5 Enforcement and Non-Waiver ...................................... 28 14.5.1 Right of Enforcement ..................................... 28 14.5.2 Violations and Nuisances .................................. 28 14.5.3 Violation of Law ........................................ 28 14.5.4 Remedies Cumulative ..................................... 28 14.5.5 Non-Waiver ........................................... 28 14.6 Interpretation ................................................. 28 14.6.1 Restrictions Construed Together ............................. 28 14.6.2 Restrictions Severable .................................... 28 14.6.3 Singular Includes Plural ................................... 28 14.6.4 Captions ..............................................28 14.7 Successors and Assigns ........................................... 28 TABLE OF CONTENTS - iv • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ........................................ 30 EXHIBIT B LEGAL DESCRIPTION OF SHEREBROOK HOLLOW COMMON AREA ................................... 31 EXHIBIT C LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS ....................... 32 TABLE OF CONTENTS - v • • ARTICLE I: RECITALS 1.1 Prooerty Covered. The property potentially subject to this Master Declaration of Covenants, Conditions and Restrictions for Sherebrook Hollow Subdivision ("Master Declaration") is the Property legally described in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor intends to develop the Property in stages, which initial stage is more fully described in Exhibit C to this Master Declaration. Each development stage shall constitute a Tract, as defined herein. 1.2 Residential Development. Sherebrook Hollow Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development approvals obtained by the City of Meridian and documented in Meridian City files , or any other development plan(s) for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed for quality detached single-family residential homes. The Property may contain parcels of Common Area, including streams and canals, public and/or private open space, park areas, landscaping, recreational facilities, private streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Master Declaration are subject to change at any time by Grantor, and impose no obligation on Grantor as to how the Property is to be developed or improved. 1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions") that will apply to the entire development and use of all portions of the Property. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a well integrated, high-quality development, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner or such Owner's successors in interest, or by the Master Association or any Local Association. Notwithstanding the foregoing, no provision of this Master Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE III: DEFINITIONS 3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article XII hereof. MASTER DECLARATION - 1 westparklS herebrook\dec • • 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners, Master Association Members, or Local Association Members, including Regular, Special and Limited Assessments of any Association as further defined in this Master Declaration. 3.4 "Association" shall mean the Master Association and/or a Local Association, whichever is appropriate in the context. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon which Improvements may be constructed. The term "Building Lot" shall include single-family residential lots, but shall not include the Common Area. 3.8 "Bylaws" shall mean the Bylaws of an Association. 3.9 "Common Area" shall mean any or all parcels of Sherebrook Hollow Common Area or Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such parcels that are designated as private streets or drives, common open space, common landscaped areas. 3.10 "Declaration" shall mean this Master Declaration as it may be amended from time to time. 3.11 "Grantor" shall mean Gem Park II, an Idaho general partnership, or its successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by River View Ventures or its successor. 3.12 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, wildlife habitat improvements, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 3.13 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the Master Association or Local Association for corrective action performed pursuant to the provisions of this Master Declaration or any Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental Declaration. 3.14 "Local Association" shall mean any profit or not-for-profit Idaho corporation or unincorporated association, or the successors of any of them, organized and established pursuant to the terms of this Master Declaration or a Supplemental Declaration by Grantor. 3.15 "Local Association Board" shall mean the duly elected and qualified Board of Directors, or other governing board or individual, if applicable, of a Local Association. MASTER DECLARATION - 2 westparklS herebrook\dec • • 3.16 "Local Common Area" shall mean all real property in which a Local Association holds an interest or which is held or maintained for the mutual use and benefit of such Local Association and its Members. Local Common Area may be established from time to time by Grantor on any portion of the Property by describing such an area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration on in any Supplemental Declaration. Local Common Area may include easement and/or license rights. 3.17 "Master Association" shall mean the Idaho profit or non-profit corporation, its successors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Master Association the "Sherebrook Hollow Homeowners' Association, Inc.", or any similar name which fairly reflects its purpose. 3.18 "Member" shall mean each person or entity holding a membership in the Master Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership in a Local Association. 3.19 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.20 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.21 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.22 "Property" shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. 3.23 "Ridenbau>;h Canal" shall mean that certain real property in which the Nampa and Meridian Irrigation District holds an interest, which real property is identified on the Plat. 3.24 "Re>;ular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of an Association which is to be levied against the Property of and paid by each Owner to the Master Association, or applicable Local Association, pursuant to the terms hereof or the terms of this Master Declaration or a Supplemental Declaration. 3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Master Association, or applicable Local Association pursuant to the provisions of this Master Declaration or a Supplemental Declaration. 3.26 "Supplemental Declaration" shall mean any supplemental declaration including additional covenants, conditions and restrictions that might be adopted with respect to any portion of the Property. 3.27 "Sherebrook Hollow Common Area" shall mean all real property in which the Master Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment and benefit of the entire Sherebrook Hollow Subdivision and each Owner therein, which real property is legally described in Exhibit B attached hereto and made a part hereof. Sherebrook Hollow MASTER DECLARATION - 3 westpark\Sherebrook\dec • • Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this Master Declaration or any Supplemental Declaration. Sherebrook Hollow Common Area is to be distinguished from Local Common Area, which may or may not allow entry and use by those Owners who are not Members of a Local Association or who are not Owners within a particular Tract. Sherebrook Hollow Common Area may include easement and/or license rights. 3.28 "Sherebrook Hollow Subdivision" shall mean the Property. 3.29 "Tract" shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designed as a Tract by recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein by a Local Association. Each Tract is legally described on Exhibit F, attached hereto and made a part hereof. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Structures -Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Master Declaration. 4.1.1 Use, Size and Height of Dwelling Structure. All Building Lots shall be used exclusively for single-family residential purposes. No Building Lot shall be improved except with a single-family dwelling unit or structure. No business or home occupation shall be conducted from said dwelling unit or structure. Each one-story single-family dwelling unit or structure shall have a minimum of ( )square feet of livable space. Livable space shall not include garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Dwelling units or structures located on Lot , Block J Lot _, Block ,and Lots ,Block , shall be considered corner lots (referred to herein individually as "Corner Lot" or collectively as "Corner Lots") and shall be not exceed one (1) story or thirty (30) feet in height. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed or materially altered on or removed from the Property unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee (and, if required, by an applicable Local Architectural Committee pursuant to paragraph 12.10) and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Master Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Height. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. MASTER DECLARATION - 4 westparklS herebrook~dec • • 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Master Declaration, and as approved by the applicable Architectural Committee. Garages and storage sheds shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s) are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any Building Lot, provided that such courts or backboards are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 Driveways. All access driveways shall have a wearing surface of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mailboxes. All mailboxes will be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fencin No fence, hedge or boundary wall situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot or Common Area upon which such fence, hedge, or boundary wall is situated. Any fence or boundary wall constructed on or near the lot line common to one or more Building Lots shall be constructed as a "good neighbor" fence or wall. No fence shall be constructed so as to extend toward the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a dedicated street. No fence, hedge, or boundary wall which obstructs site lines at an elevation between four (4) and eight (8) feet above any street shall be placed or permitted to remain on any Corner Lot. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the applicable Architectural Committee. 4.1.8 Li~htinQ. Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. 4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner acceptable to the applicable Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 No Further Subdivision. No Building Lot may be further subdivided. 4.5 Sins. No sign of any kind shall be displayed to the public view without the approval of the applicable Architectural Committee, except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale of Building Lots; (2) temporary signs naming the contractors, the MASTER DECLARATION - 5 westpark\S herebrook\dec • architect, and the lending institution for a particular construction operation; (3) such signs identifying Sherebrook Hollow Subdivision, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Common Area; and (4) one (1) sign of customary and reasonable dimensions as prescribed by the Architectural Committee as may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease. A customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the applicable Architectural Committee. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Master Association), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the Master Association. 4.7 Exterior Maintenance: Owner's Obli>;ations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damages property or facilities on or adjoining their Building Lot which would otherwise be an Associations' responsibility to maintain, the Board of the Local Association of which such Owner is a Member (or the Board of the Master Association if the Local Association fails to act), upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Local or Master Association, as the case may be, for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article IX of this Master Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable time following written notice by such Owner. 4.8 Drainaf;e. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from Common Area over any Building Lot in the Property. 4.9 Gradin The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City Code or by the Master or Local Association, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of the Ada County Highway District, Nampa & Meridian Irrigation District, or other public agency, and plantings MASTER DECLARATION - 6 westpark\S herebrook\dec • and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article IX herein, as may be applicable. 4.10 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Board of the Master Association and all governmental authorities having jurisdiction. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use), shack or other temporary building, improvement or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. 4.14 No Unscreened Boats, Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the applicable Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.15 Sewaf;e Disposal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Boise City Sewer System and pay all charges assessed therefor. 4.16 No Minin>; or Drilling;. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Enerav Devices, Outside. No energy production devices, including but not limited to generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 Vehicles. The use of all vehicles, including but not limited to trucks, automobiles, bicycles, motorcycles and snowmobiles, shall be subject to all Association Rules, which may prohibit or limit the use thereof within Sherebrook Hollow Subdivision. No on-street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. MASTER DECLARATION - 7 westpark\Sherebrook\dec • 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. This paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in Sherebrook Hollow Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately from the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. The construction of dog runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from Common Area or an adjacent Building Lot. 4.20 LandscaginQ. The Owner of any Building Lot shall sod the front and the side yards and shall seed the back yard and landscape such Building Lot in conformance with the landscape plan approved by the Master or Local Association, and as approved by the applicable Architectural Committee, within sixty (60) days after said Owner shall occupy the dwelling structure on said Building Lot, weather permitting. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Common Areas shall be irrigated by an underground sprinkler system. The Board and/or applicable Architectural Committee may adopt rules regulating landscaping permitted and required. In the event that any Owner shall fail to install and maintain landscaping in conformance with such rules or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, or the Board of the Local Association of which such Owner is a Member, upon fifteen (15) days' prior written notice to such Owner, shall have the right to correct such condition and to enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Master Association or Local Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth in Article IX. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of-way and easements with respect to Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development MASTER DECLARATION - 8 westpark\S herebrook\dec • • and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor on any portion of the Property owned by Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration, and within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Master Association. 4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within six (6) months thereafter. The term "commence the construction" as used in this paragraph 4.23, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lot shall make, execute and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION 5.1 Or>;anization of Sherebrook Hollow Homeowners' Association. Sherebrook Hollow Homeowners' Association, Inc. ("Master Association") shall be initially organized by Grantor as an Idaho non- profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Master Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Master Association and no Owner shall have more than one membership in the Master Association. Memberships in the Master Association shall be appurtenant to the Tract, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Master Association. 5.3 Voting. Voting in the Master Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Master Association shall have two (2) classes of Members as described below. MASTER DECLARATION - 9 westpark\S herebrook\dec • • 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member on the day of the vote. 5.3.2 Class B Members. The Grantor shall be known as the Class 6 Member, and shall be entitled to five (5) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Master Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Members provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Master Association shall be elected in accordance with the provisions set forth in the Master Association Bylaws. 5.5 Power and Duties of the Master Association. 5.5.1 Powers. The Master Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Master Declaration. The Master Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Master Association under Idaho law and under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Master Declaration's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Master Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Master Declaration or the Articles or the Bylaws, including the Association Rules adopted pursuant to this Master Declaration, and to enforce by injunction or otherwise, all provisions hereof. MASTER DECLARATION - 10 westpark\S herebrook\dec • 5.5.1.3 Dele>;ation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to contract for the maintenance, repair, replacement and operation of the Common Area. Neither the Master Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Master Association deems reasonable. The Master Association may govern the use of the Common Areas, including but not limited to the use of private streets by the Owners, their families, invitees, licensees, lessees or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Master Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Master Declaration. In the event of any conflict between such Association Rules and any other provisions of this Master Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Master Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Emereencv Powers. The power, exercised by the Master Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Master Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Master Association. 5.5.1.6 Licenses. Easements and Rights-of-Wav. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.6.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi-public purpose including, but not limited to, bicycle pathways. MASTER DECLARATION - 11 westpark\Sherebrook\dec • • The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Master Association and may be granted at any time prior to twenty-one (21) years after the death of the issue of the individuals executing this Master Declaration on behalf of Grantor who are in being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Master Association by this Master Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Master Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Master Association and to perform, without limitation, each of the following duties: 5.5.2.1 Ot~eration and Maintenance of Sherebrook Hollow Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of Sherebrook Hollow Common Area (other than Local Common Area), including the repair and replacement of property damaged or destroyed by casualty loss. Specifically, the Master Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Master Association. Such properties may include those lands located near the Boise River and other lands intended for open space uses. 5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area, and enforcement of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenance of Berms. Retaining Walls and Fences. Maintain the berms, retaining walls, fences and water amenities within and abutting Common Area and abutting the Ridenbaugh Canal. Maintain the water amenities constructed by Grantor or Master Association located in that certain easement in, over and through Building Lots as shown on the Plat. 5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against Sherebrook Hollow Common Area or against Sherebrook Hollow Subdivision, the Master Association and/or any other property owned by the Master Association. Such taxes and Assessments may be contested or compromised by the Master Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Master Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Master Association, in the event that the Master Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for Sherebrook Hollow Common Area, and to manage for the benefit of Sherebrook Hollow Subdivision all water rights and rights to receive water held by the Master Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise. MASTER DECLARATION - 12 westpark\Sherebrook\dec • • 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 5.5.2.6.1 Fire insurance including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and fixtures located within Sherebrook Hollow Common Area. 5.5.2.6.2 Comprehensive public liability insurance insuring the Board, the Master Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of Sherebrook Hollow Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000). 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Master Association functions or to insure the Master Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Master Association funds or other property. 5.5.2.6.5 The Master Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Master Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Master Association. 5.5.2.7 Rule Makinf;. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. 5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Master Association Members, the cost of which shall be included in Regular Assessments. 5.5.2.9 Architectural Committee. Appoint and remove members of the Architectural Committee, subject to the provisions of this Master Declaration. MASTER DECLARATION - 13 westpark\Sherebrook\dec • • 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Master Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Master Association, or any officer of the Master Association, or the Grantor, or the manager, if any, shal I be personally liable to any Gwner, or to any other parry, including the Master Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the Board, the manager, if any, or any other representative or employee of the Master Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the Master Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Bud>;ets and Financial Statements. Financial statements for the Master Association shall be prepared regularly and copies shall be distributed to each Member of the Master Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.7.2 Within thirty (30) days after the close of each fiscal year, the Master Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Master Association's fiscal year and annual operating statements reflecting the income and expenditures of the Master Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 5.8 Meetin>;s of Master Association. Each year the Master Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Master Association meetings, and all other persons may be excluded. Notice for all Master Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: LOCAL ASSOCIATIONS 6.1 Creation by Grantor. Grantor shall create Local Associations as profit or non-profit corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such Local Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in it discretion, MASTER DECLARATION - 14 westpark~S herebrookklec • • create a Local Association by means of a Supplemental Declaration, or create such Association by means of separate instruments. 6.2 Management. Powers and Duties. Each Local Association shall be managed in the same manner specified in the applicable Supplemental Declaration or other instrument and/or in the Articles and Bylaws of the Local Association, shall have the same powers, rights, obligations and duties and be subject to the same limitations and restrictions including levying Assessments, adopting rules and regulations, granting easements and licenses, managing property and water rights, paying expenses, taxes, Assessments, utility charges, insurance premiums and preparing budgets and financial statements as are provided for herein for the Master Association, except as modified herein or by a Supplemental Declaration. The Board Members, officers, managers and Grantor shall be free of personal liability as to the Local Association in the same manner as described herein with respect to the Master Association. 6.3 Members of Local Associations. Where a Local Association is created, the Members thereof shall be all the Owners of Building Lots, including Grantor while it remains an Owner, in the respective Tracts designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in paragraph 5.2 for the Master Association. 6.4 Voting in Local Associations. Each Local Association shall have two (2) classes of voting memberships as described below. The number of votes each Member may cast on a single vote will be determined according to the number of Building Lots existing on that portion of the Property the Member owns, in the same manner and amounts as votes are allocated to Members in paragraph 5.3. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. 6.4.1 Class A Members. Class A Members shall be all Owners, except Grantor, owning portions of the Tract covered by the Local Association. The Grantor shall become a Class A Member when the Class B membership ceases, as described in paragraph 6.4.2, with Grantor remaining an Owner. Each Class A Member shall have one (1) vote for each Building Lot such Owner owns in that Tract. 6.4.2 Class B Member. The Class B Member shall be the Grantor. The Class 6 Member is entitled to five (5) votes for each Building Lot which Grantor owns in that Tract. The Class B membership in such Local Association shall cease when the total cumulative votes of the Class A Members for that Tract equal or exceed the total votes of the Class B Member, provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot in the Tract covered by the Local Association is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was ailing with authority and consent of all other joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner, subject to any assignment of the right to vote to a lessee, mortgagee or beneficiary as provided herein. 6.5 Annual Meetings of Local Association. There shall be an annual meeting of the Members of each Local Association at least ten (10) days but no more than sixty (60) days before every annual meeting of the Master Association. The first annual meeting of the Members in such Local Association shall be held MASTER DECLARATION - 15 westpark\Sherebrook\dec • on or before April 5th of the year following the first sale of a Building Lot in the Tract covered by such Local Association. Such meeting shall be held on the Tract which the Local Association covers, or at such other convenient location in or near the Property as may be designated in the notice of such meeting. Written notice of the time, place and purpose of each annual meeting shall be sent to each Member of the Local Association, and any person in possession of a Building Lot in the appropriate Tract, no fewer than ten (10) days and no more than thirty (30) days before the meeting as provided in the Local Association's Bylaws or Articles. 6.6 Special Meetin>is. A special meeting of the Local Association Members may be called at any reasonable time and place by written notice delivered to all other Members not less than ten (10) days nor more than thirty (30) days before the date fixed for such special meeting, specifying the date, time and place thereof and the nature of the business to be conducted. Such notice shall be delivered in the manner specified in the Local Association's Articles or Bylaws. 6.7 Quorum and Officers of Meetin>;s. The presence at any regular or special meeting, in person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes within such Local Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Owners or Members present, either in person or by proxy, may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. At such second meeting a quorum shall constitute the number of members specified in the Local Association's Articles or Bylaws. The Members present at each meeting shall select a chairman to preside over the meeting and a secretary to transcribe minutes of the meeting. 6.8 Powers and Duties. Each such Local Association shall be managed by a Board of Directors and officers in the same manner as specified in paragraph 5.4 for the Master Association, shall have the same powers and duties with respell to its Members or the property owned, managed or maintained by it, including levying Assessments, adopting rules and regulations, granting easements, licenses and rights-of-way, payment of expenses, taxes, Assessments, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements as are provided in paragraph 5.5 for the Master Association. Each such Local Association may certify to the Master Association the amount of such Assessments and charges for collection. The Board, Member, committee, officers, managers and Declarant shall be free of personal liability as to the Local Association in the same manner as described in paragraph 5.6 for the Master Association. ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of Sherebrook Hollow Common Area. Every Owner shall have a right to use each parcel of Sherebrook Hollow Common Area, and to the extent permitted by the appropriate Supplemental Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 7.1.1 The right of an Association holding or controlling such Common Area to levy and increase Assessments; 7.1.2 The right of such Association to suspend the voting rights and rights to use of, or interest in, Common Area by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and 7.1.3 The right of an Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or MASTER DECLARATION - 16 westpark\S herebrook\dec • transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded. 7.1.4 The right of such Association to prohibit the construction of structures or Improvements, Improvements on all Common Areas. 7.1.5 The right of such Association to prohibit structures, Improvements, including manicured lawns and nursery plants. 7.2 Desienation of Common Area. Grantor shall designate and reserve Sherebrook Hollow Common Area, and Local Common Area in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments and/or as otherwise provided herein. 7.3 Delei?ation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Master Association or any Local Association, as the case may be, such Owner's right of enjoyment to the Local Common Area, or Sherebrook Hollow Common Area, to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot. Only Grantor or an Association shall have the right to delegate the right of enjoyment to the Local Common Area, or Sherebrook Hollow Common Area, to the general public, and such delegation to the general public shall be for a fee set by Grantor or Association. 7.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. ARTICLE VIII: PRESSURIZED IRRIGATION 8.1 Irrigation District Service. The Nampa & Meridian Irrigation District provides pressurized irrigation water service to all Lots in the Project. Lot Owners shall be required to pay an assessment based on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water systems. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. 8.2 No Private Svstem. Lot Owners shall not construct any ditch, drain, well or water system upon any Lot or Common Area for domestic use or irrigation purposes. 8.3 Water Master. The Association shall elect or may contract for hire a Water Master to designate any rotation schedule required for the delivery of irrigation water. The Water Master shall serve as the liaison to Nampa & Meridian Irrigation District for all matters of Sherebrook Hollow Subdivision. ARTICLE IX: ASSESSMENTS 9.1 Covenant to Pav Assessments. By acceptance of a deed to any property in Sherebrook Hollow Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Master Association and/or a Local Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Master Declaration or other applicable instrument. MASTER DECLARATION - 17 westparklS herebrook~dec • • 9.1.1 Assessment Constitutes Lien. Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 9.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 9.2 Re>;ular Assessments. All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 9.2.1 Purpose of Re;;ular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Areas, including all Improvements located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 9.2.2 Computation of ReQUlar Assessments. The Association shal I compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in Sherebrook Hollow Subdivision for the purposes of the Master Association's Regular Assessment, and in the applicable Tract for the purposes of a Local Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed as follows: 9.2.3.1 As to the Master Association's Regular Assessment, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots attributable to the Owner by the total number of Building Lots in the Property. 9.2.3.2 As to any Local Association, each Owner who is also a Member of such Association, including Grantor while it is such an Owner, shall be assessed and shall pay an amount computed by multiplying such Association's total advance estimate of Expenses by the fraction produced by dividing the number of Building Lots in the applicable Tract attributable to such Owner by the total number of Building Lots in such Tract. MASTER DECLARATION - 18 westpark\S herebrookklec • • 9.3 Special Assessments. 9.3.1 Purpose and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Ctwners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 9.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 9.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Sherebrook Hollow Subdivision. 9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 9.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 9.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated the date of delinquency to and including the date full payment is received by an Association. An Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each CMrner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot. 9.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the parry making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Master Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 9.8 may be relied upon by any prospective MASTER DECLARATION - 19 westpark~S herebrook\dec • purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. 9.9 Special Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of an Association and to any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS 10.1 Riaht to Enforce. The Master Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Master Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 10.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 10.2 Assessment Liens. 10.2.1 Creation. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Master Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Master Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 10.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction MASTER DECLARATION - 20 westpark\She rebrook\dec ~- i of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 10.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 10.6 with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. 10.6 Rights of Mortgagees. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Master Declaration as amended. ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS 11.1 Member's Right of Inspection. The membership register, books of account and minutes of meetings of the Board and committees of an Association shall be made available for inspection and copying by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of an Association. 11.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 11.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 11.2.2 Hours and days of the week when such an inspection may be made. MASTER DECLARATION - 21 westparklS herebrook~dec • • 11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this Article XI. 11.3 Director's Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. ARTICLE XII: ARCHITECTURAL COMMITTEE 12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on Sherebrook Hollow Architectural Committee ("Architectural Committee"). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to ten (10) years after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the Architectural Committee. At all other times, the Master Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 12.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration, and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural Committee in its review of proposals or plans and specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on either the Master Association or any Local Association. 12.3.1 Conditions on Aggroval. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 12.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing MASTER DECLARATION - 22 westparklS herebrook\dec • submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 12.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material and colors. Until receipt by the Architectural Committee of any required plans and specifications, the Architectural Committee may postpone review of any plan submitted for approval. 12.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article XII shall be deemed approved unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days after the date of filing said materials with the Architectural Committee. 12.4 MeetinQS of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 12.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 12.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 12.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. follows: 12.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as 12.7.1 Upon the completion of any work for which approved plans are required under this Article XII, the Owner shall give written notice of completion to the Architectural Committee. 12.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that MASTER DECLARATION - 23 westpark\Sherebrook\dec • • such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 12.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural Committee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Master Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Master Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Master Declaration. 12.7.4 If for any reason the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of completion from the Owner, the work shall be deemed to be in accordance with the approved plans. 12.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 12.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee, and shall become effective upon recordation in the office of the County Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration for any purpose except as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. 12.10 Local Architectural Committee. The Grantor may, at its option, create a three (3) member Local Architectural Committee for the Property contained in any Tract designated by a Supplemental MASTER DECLARATION - 24 westpark~S herebrook\dec • • Declaration. Upon its formation, all proposals, plans and specifications for Improvements within the Tract requiring approval of the Architectural Committee described above must be submitted to the Local Architectural Committee for approval, rather than being submitted to the Architectural Committee. Thus, all proposals, plans and specifications for Improvements require the approval of either the Architectural Committee or the Local Architectural Committee, if such has been created, but not both such Committees. Each provision of this Article XII shall apply to the Local Architectural Committee as if it were the Architectural Committee and to the Local Association as if it were the Master Association, except to the extent that such interpretation would be in conflict with the provisions of this Article XII. ARTICLE XIII: EASEMENTS 13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 13.1. 13.2 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 13.3 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights-of-way over the Property and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Sherebrook Hollow Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Master Association or designated entity with regard to the landscaping easement described in this Article XIII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Master Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained MASTER DECLARATION - 25 westparklSherebrook\dec • • to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. 13.4 Ri>;hts and Duties Concernin>; Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilities shall be governed by the following: 13.4.1 Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. 13.4.2 Whenever utility house connections are installed within the Property, which connections serve more than one Building Lot, the Owner of each Building Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Building Lot. 13.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain such driveway. 13.6 Disputes as to Sharin>; of Costs. In the event of a dispute between Owners with respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Master Association, the matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Master Declaration for Limited Assessments. 13.7 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of installing, maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement, seasonal planting and such other landscaping activities within the Property as such Association shall determine to be necessary from time to time. 13.8 Overhang Easement. There shall be an exclusive easement appurtenant to each Building Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which projections shall not extend beyond the eave line. 13.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a structure, or a fence or retaining wall, constructed on a Building Lot under plans and specifications approved by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on the area lying between the lot line and such structure or fence so long as such use does not cause damage to the structure of fence. MASTER DECLARATION - 26 westparklS herebrook\dec • • ARTICLE XIV: MISCELLANEOUS 14.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Master Declaration shall run until December 31, 2016, unless amended as herein provided. After December 31, 2016, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Master Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Master Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 14.2 Amendment. 14.2.1 By Grantor. Except as provided in paragraph 14.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Master Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. Any amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract. 14.2.2 By Owners. Except where a greater percentage is required by express provision in this Master Declaration, the provisions of this Master Declaration, other than this Article XIV, any amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Master Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Master Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XIV shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Master Association. 14.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 14.3 Mort>;a~e Protection. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Master Declaration, as amended. 14.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Master Association for the purpose of service of such notice, or to the residence of such person if no address has been given to the Master Association. Such address may be changed from time to time by notice in writing to the Master Association, as provided in this paragraph 14.4. MASTER DECLARATION - 27 westpark\S herebrook\dec • • 14.5 Enforcement and Non-Waiver. 14.5.1 Rieht of Enforcement. Except as otherwise provided herein, any Owner of any Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners thereof. 14.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor, the Master Association, the Board, or a duly authorized agent of any of them, may enforce by self-help any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner. 14.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Master Declaration and subject to any or all of the enforcement procedures set forth in this Master Declaration and any or all enforcement procedures in law and equity. 14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 14.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. 14.6 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Master Declaration shall be construed and governed under the laws of the State of Idaho. 14.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Master Declaration. 14.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 14.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 14.6.3 SinQUlar Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each including the masculine, feminine and neuter. 14.6.4 Captions. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 14.7 Successors and Assigns. All references herein to Grantor, Owners, any Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. MASTER DECLARATION - 28 westpark~S herebrook~dec • • IN WITNESS WHEREOF, Grantor has set its hand this day of , 1997. GEM PARK II, an Idaho general partnership By: General Partner STATE OF IDAHO ) ss. County of Ada ) On this day of , 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared ,known or identified to me to be the General Partner of GEM PARK II, the partnership that executed the instrument or the person who executed the instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: MASTER DECLARATION - 29 westparklS herebrook\dec C~ C~ EXHIBIT A LEGAL DESCRIPTION OF PROPERTY MASTER DECLARATION - 30 westpark\Sherebrook\dec • • EXHIBIT B LEGAL DESCRIPTION OF SHEREBROOK HOLLOW COMMON AREA LOTS ,BLOCK _, AND LOTS ,BLOCK ,AND LOT ,BLOCK OF Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF AS FILED IN BOOK OF PLATS AT PAGES ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 31 westpark\S herebrook~dec EXHIBIT C LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS ALL OF Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT OF SUBDIVISION, RECORDED ON 1997, AS PLAT NUMBER ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 32 westpark\Sherebrook\dec N+~V. - 19' 96 (TUE) 14 ~ 35 PARI~01 NT Jason Kelley 121 N 24th Boise, Idaho 837Q2 2Q8-34~-b518 ' Novemhcr 16, 1996 TEL~208-323-0128 P,OU2 t Ms. Tamara Rogers - AeveItspment dt Constructiam Coordinator Park Paiute Realty, Inc. 6223 N. Discovery Way, Ste. lOd , Boise, ID 83?l3 ~: Parameter Installation Project Proposed Su6di~isinu NsNh at~ictorl Rosal Eat aard 7.scMSt Crowe Rows MerideAn, Idai~o . Dear Ms. Rogers; We grastiy apPr'eciase ~ appa~~, bu f»tbU your request, acid he~naby submit ow resuhs of flee Pziometer ir~stal]ation at the above-rafhre~tced project. TLis report contains Bn~rlgs and limited ~ of snbsurfsce conditions at the tune c~£the s+ecent Pzarndar ~. . P'1JRP()SL Tb~s u s~ ~~ ~ Pace ~ gro~mtiwater m the immediate vicimt~r of dre grotmd a time the pzio:rl~r iziatallatian aid to provide an opPoatunity far ~ °~>~ P~»> by q- parsannei. Alt3aoc>gh observmi~a we~+e mach whh respect ~ the extracted from the e~ocanr» ~ ~ report in m why Provides adequarc geotedalical iaformatioa fear •. txaistralction or developcoe~ Purposes.'. ~ .. ~ . • IDAflO D)IaPARTJI~T OF WATF.B RESOURCES ~ ... • `' ~ t ~ W~ RCSOtA'~1pB ~~ 1i/a3 • $tomldwater letirels on and m ~ of t1,e subject propertt Mt: Be~seq ~~atyi~ . . - .• tt.~,,. V!$ •'. 1'~fOrp WE[~ DO ~ 111~$S Dd V1R1~ ~e ttll~le S id Wfj1C~1 - ~ ~~+~ ~f1bplsty 1S lOCatet~, bpyYey~ t~rC W~r~ ~ VVGIIS DO a m~7e~Sectians. Avast / of '. v~-OllS that ane ~e ~ ~ ~~ of the ~' 1e++~d on the subject p~tjr izitiecate ~~ . ~ . f~ the lave!! AtB ~Y {~'' ' " ' ? ~'~ _ ~• .. ~s ~, JO8~1 ~~ ~, iD~~', ~VYS all :.. . ~~' ,hs-dl'e9QulVale~mt line at' ~~tp) ~ ~,~,~ ~ [ 1Oa Gf 1he s~bjeCt pm~rcy.~ ~'' ~: .. . i~ r~ • ' NOV. -19' 96~TUE) 14:35 PAR POINT TEL:208-,123-0128 P, 003 • Proposed Highlands Rarfclu Sutuditi~isipn Meridian Fdaho Page No. 3 It should be noted diet this ittformatidn is indicative of the aquifer, and not shallow, transient, or perched groundwater conditions. j FIELD OPERATIOPIS J~ Ke11ey, P.$. was pry ~ the above-referenced site on November 9, 1996, ro direct and assist ~ the it~allation of paorrreters tp measure the fiuctvatiort of near-suuface (referred tQ a5 transient) groundwater. A fatal of ten excavatiaa~ were ooampleted. Qf the excavations, seven included Pziometer installations. A backhoe and operator were made available by the client. ~ Additionally, drainrock eras available ~ a ten-wheel dump trade with as operator. The locations of the Pziametacrs are rod plastic flaggod on thin wire rods. Water was encountered in only one excava>icx>, number eaght (#8) which exinbited groundwater infiltration ai approximately eight feet below gra>md surface (bgs). 7'he surface sails in the locations of itue excavationu were dry. Soils excavated from the dry eacavatiorts appeared relatively' dry, aIthourElu rreoigtuire ccastcurt was not deterrtm~ed. The sails excavated ge:uerally•can~sted of four distinct grain si~ES: topsoiUclay, silt, sand, cad cobbles, In most uses the soil layers c~sisted of two ar rttore sins, such as sand and cobbles erteounrered in many of the excavations. The details of each of the excavations era otttlated on the fol>owiag pages. The IeI} side of the typed field notes include the excavation nuutrbers, indica~ops of the tame the excavtutiatts were started and completed, and whetter a PxaaRneter was installed. The paragraph on the riglut describes the excavation, the soils, the bcation of the installations with respect to surfacx features, acrd after general inforrnatiaa. 1zr5lYort>a .4m Straac.~l~" bb t-) ~tzs518 ~a.nac NOV.-19'96~TUE) 14~3b PAR POINT TEL~208-323-0128 P, 004 Proposed Htglslar-ds Ranch Subditisia~n 14icridian, lalaho Page No. 3 Excavaticaz # 1 F.ncnufltered ..hard-pane layer at apptnorimatol,• three (3) feet bgs. Abandoned excavation at Initi~e: 4:00 appr~oximatrty £onr (4) fact bgs. Ne visible signs of meisttne er water. Site ~ excatidign Termeeate: 9:3U m be t+elati~~eh• the lei Pout tapog~raphically of the strbjcct property. 1i~rcavution sibs is imanediateh~ adjacent to coaicrde-lined iait~et[oti ditch sunning east-west near .residence invnadiateh~ south. Excavation is apps+oaciaoaheh• 80' from Eagle )treed Gaourd surface is also dn•, Excavation backfilled wish ; no Pzio:nc~ :; impelled. i Excavation #2 Ext:avtttion oatppletod wit3mat diffiaxlty due to excessivel}• betel ar rndy sank. Topsoil lnitiaCe: 9:40 observed epproavmetely to 18 inches bgs.. Silty cla~• to three (3} ~ bga, sand with cobbles Term ate: 10:3t! to te.te (IQ) bgs. No ebvious aigris of watts or soil sanaatien were observed in the Pxiomedr ext:avatioq altbongh We clay soils.appear satnewhat moest. The ~roaa~d smisce aro~u~d the insral]atiaat e>~vaaon is dry. Paf~ated fear-inch PVC pipe (with PVC cap)10' 1" ~ plmed vertical' itrte excavation. Eight (8) ir~elt sleeve placed arwttd fags (4) inch pedoratod PVC A`pe~ ttffin pulled upward far two (2) m three (3) beet while the draitavok wet placed inside std tLe hest of the txcavatinn was being baeldilled. Ha;ny hyslogicsl iriflnenoe is andoipatad fi~ the large earth canal itrtmadiateh• mrth of the excavation. Pzionooter iastaIIatiam is approximately 100 feet east of the NW ooRner of the ttgticuhura! f eld f P~~s13' ~ d>e 8rawing season). Effective dc~th of P• is appraximarely nine (4) fees. Excavatit] #3 "1~Iarrl pea" layer encauncrnrl at appra~eh• fete (4} ~ 6gs. excavation completed in In>tiate: l 0:4~ aplxvximat~lY 4'6". Excavaliau ant! gromd sm#`aoe dry. Taluoil/Clay to approximately Tanttinate: 10:53 three (3}feet bgs, clayey silt approomm~+ three (3) to four (4) Beet bgs. F.scatvad~ located in m agitatlbural Sedd coetsisting of a!>Llfa itltmadiabety seal of and at tlm approximaae half- distancepoint of a tlmoe (3 } wide earthen irrigation ditch rurmiag natha~teuth. Excavatiao #4 la~cptumeted "hard pan" layer at apprnvcime~ fiHe (5) Feet bgs, then excavated m Inmate: I 1:00 addi tiaml sec (b) ice. Clay soils evident to apprely tLtoe fwd one Leif {3'.i) feet Teammate: 11:15 bgs. Silt soik from aPProximafGly three and one half (314) hod to live (S) felt The orcavatiaat liar itnmodiatGly cast of vweatersaaott poise of eprtlrm a~rcatlWral field. Crreuad surface and eaocavatiea wue dry d rho time o£the study. Large eardrett Ridtnb~gh gnat was dry at the time of t9se study, and rune southeast to rtortkaroat wlalo in t>;e. Canal bottom is at a tubstaztdally lower dt:vatioo than 1L~C betbom ~ dm euoaration. Heavy hydrogeolog~l ir~uenoe would be anticipated from file aaoai. Excavation #S Excavation t?ampkmd withoirt ditBcfltiy to approetima0e13- six (6) fleet, then inarravmgIy Initiate- 11:30 dit~cttlt to:mne (9) feet, end than witbput di$culty agaht m Topamil observed to Terirmtaoe: 1~:p5 appraezmately one and one half (I ~i4) feet, c1aY soils m faarr and out half (4'~4) last, wbbiey Pzieander aazd to seven (7) ~ and sand veldt cobble to ben sod one half (10~) hoot bgs. IJa obvious indallatitan ~~ er soli sainratiott ware obserred in the excavation. The gamed ~uface atntand the eucavatiott is dry. PerSoreted fog-heoh PVC pipe (with PVC cap} was placed vertiptilY 0o six {6) inches aF drain rock, doaa ai sclditional two {2) fact d'di'am ronlc was filled around the pipe. The aed of the Wccavapott was baoN'rlbd with tLo previoa>etlr excavated soils. A venter pnump was observed m a lour area appe~oodmalaly fiSY (30) £eet eoulhrost a01'the Pziemeocr itioa E.~acare depth owf'the Paom~eear is app;vo~ately is fact. The . ext~vatioat oontracsor was dined to add P'VC pipe m tiro Paonetar in «der bo provide P drainage et the sutiaoe. The Faiomet-Gr ie appra>cuoately Bay {50) feat math of the saatthwoe~t eQndr of the pasttaia attrsa in which it is Iooeted laa.n He11ey Caaau>li~ 1215 IQoith 7~4ti! Sweet • 13ni~ ID 837QZ •(208) 34&6418 me N{1V. -19' 96 (TUFT 14: 3b Pr1R~01NT TELL 20 ~3-0128 P. 005 i 1 Propoaod Higlrl9nds Rand! Subdivision Mcriei<an, Idaho Page Na. •t F.~ccavatiem #tb ?opsoil with organics to t~vo (2) feet; tben sand with cobbles a Dour (4) lbet bgs. Difficult Initi~e: T2:15 cxcan~ation wss ~perieacod to ten (10) feat due to satdy roundod cesbblas with boulders. Six Termmata 12 :45 (6) iael~ e>f drain r+acl: was placed ;>.1hv besttam of the ey acavatie~n, then then pta'fiorateri PVC Pziasneter pipe was installed pith ap additional threz (3j feet of drain rock. T'hc remsirider of the: install8tion e~avaRiwt was bacL-[illexi wtilft tber stocbpilesd wsgtutgs. Siz {ti} i>zt,~s ofpipe is above grade. The emotive of the Pziamcter it: appfaxiruately nine and care hall (4~~) feet. The installation is appravmatei} t 50 feet cast of the southwest e:ettroer of the kneed p it lies in, and, uo~iatel}• imrdr of the barbed-wire fence. Faccavat:ion #7 Topsoil to erne (I) foot, clay soil to f~.a {4j fiat, a~ balance oaf ten (10) feet of er.+caavatian is Initiate; 12:50 cobblC? sand. 'The txca<•atinu was dry_ Thtsee (3) ratites ordram tom: was placed in the Tetminame: 1:20 benbom of tLe e:eatiatieat>, thea- the perfo~atead PVC pipe wras i>~alled with sn additiiear ihrex Pziometer (3} iixt erf tb sin, rock. The eYCavatiace wars then bacl.•Silcd utilizing tlne oobbley~ sand $rst. iDstallatian The effective depth of the pzioeoeter is nearly ten (10) feet_ T7te ~$e ditch northeast erf the installation appears la intercept water from the hitter devatioa Canal. Tire P~emuetes is eighttx:n (I8) fext u~st afthe cast femoe and apprmciusabely I00 text south C~ttlre nexth fence of the pastwo art;a is which it is located There is evidence the arw h~ been levrrkd, and now fits at a lovna~ devatamt than e~ aeljae~ctt pmpes<tics. A deiexi lies north of the installation which is a carttimtation exf'tbe drain aRereeptor which contimres v~esterly from that point. Excava[iott #8 rop6dl/CLty to appro,~oay dace {3) i~c bgs, and reaeaineler af'r~arlg tea {] O} feet erf' Initiaoa= 1:30 cxgti'ado~e sates with ratirtdCd mbblp. Large dianreser dead time rood obarrved at three (3) T~ninytte; 1:55 facet. F~rcavation oasupieeed witbexrt diffiearlty_ Water was observed d the; excavation P~omeeer at ~juaacinrately eight (8} feet bga. Staodung water occupied the e:cavatirnr at a eiopth of ias~tiatr about siyc (b) inches at the bore of pzioArretet• installstioa vvhik water aonliaaed to the erncavation Thee (3) irrchaS of drsut rock placed in battptn of e~oeavadioq titctt the ppforatod PvC pups was encased vestiC.ally with an aeldvtiooal throe (3) feet of drain rvclc. Tlx baleaco of tin exca~+Arion was ba01d Iled. T7re top eyf the peter is approxigaamelyr tbreee (3) irtdsoe above grade P.iicctive e~tt of the pZr+oerCteer is apprmcimatety nine a~ Care half (9~„) feet, glares w:s meastucd in the ' ai q~Nem (18) inches upon installation ceasesion, htstallation is ~ptosamrNdy ~, (30j foot north of Victory Road n~-~ +v+Y, and tan {I O) feex east of canal badJroadwsy. A 3u8e, e1rY cao~te-lined ell lies on the ianaerdiste opposite side of the dirt roaei. T]re iustallatiton is in somrow1hat of a man relative to the adjacent ra~adways. Excavatiem #9 ropspil/ctav gyred io $rrl three and one hatf {3'~4) reef aI'caocavatit~ steady cabbks IaitiaRe: 2:Ot) to seven {7) ~ylQy sand to excavation ternr>nus ar ties (l0) feert bgt, Cobbka abaexved Tom: 2:20 ~ to eight (8) inches eiienoeter. Excavatiaaa dry. 'I1moe (3) inches of drain rr>r3c placexi in Pxi~ter e~cavatitxr. Perforated PVC piyrc installed with an adrlitieatal two and one htaf (T ode) Seat of insUtllatietn drain rock a+ad r depth with baclr$11. )carve elesprh of pa~oeaeder ~'ly ten (10} feet. InstaIIatiext u ~y sixty (6Q} ket east elf Locust Cam+-e Itnetd r>ght-p~way sad eigbiy (80) fept sartlr orrrartb sieie of the alai $e4d in it u located tatsrte~2 ~t~acmaos)aazasia veo~wo~ooo NOy. -19' 96~TUE) 14:3'i PAR~OINT TEL:208-323-016 P, OOb I'-vwsed Hig6lanas Ranch Subdivision Meridian, Idaho Pagc No. 3 EaCCa VattOTl # l ll ~aYat70n Ci~pletCd withqu! d1t~Clllty t}1fO1tP~1 rove and orrC Half {Z'fa) feel ~ t~9o11/C1aV, lnutiate: 2:30 cabbies seed sand tc tn~e {5} Beet, and sand with cobbles for die babe of ten (l tt) fast of Tetrninate- 3 ;QO cxgvalioa ExcaS ati,pn was dry uprw compietioa 'Three {3) inches Qf dram mcl; was placed pziometer is the exoa~•atioo, and the perfoaated PVC pipe placed vedtically art top, then an additional installation t-va and sane half (21 fs) feet of drain rock was filled around the pipe. The rest of. the excavatiart v-'ss bacldllled. The instalIatiazt is ort mn-ow Dropert!' relative to the locations of the orbs exrava,potrs. It Lies twelve (12) fret east of Locewi tuave Road right al:-'vati• and sixty (60) fees loath of 1he• spmbalic "slap shoed'' sign in the Locus[ Grove Road right-of-wati• at tI~ so~heast corner of L,octct Grov~c Rwd and Overland Road. [:OW7ZlVIT~1TG MONITORXNG PROGRAM In order to obtain adequate iaformatiott to make development Suitability tlecisitnrs several iterations of observatiatt moat be completed over a period of scverat myths. Shallow subsurface waiter is utflttenced by several fac-rors including, but not limiDed 1n precipitatiar~ man-induced water in~-oduction and depletion, and naturally occurring seaaartal flu~atio>?s. Measaretr~ents ~ shallow grotmdwater war tittle will dive a qualiSed hydnagaobgicaI Professional enough it>formatort ~o support analyses of the pacential impacts of the shallow grot,ardwater is questiarr. LIlN~.7AZTONS This priomttaer ittstaDatian project sad report has been iia~ed m scope. This type of irevestigatiott is tuxlertakem vvitlt the understanding that the full napnre and extent of subsurF.sce ttwistwe conditions would net be ruled by visual observation alone. Additiesrally, this report in itself is not adequate is assessa~ gmundvvaterr camditiorts over the lose they may fluctuate. Although an account of observed soils was provided, tw warranty is given, either expressed or implied, that incaatsisteat soil crortditiarts or tmobservod subsurface issues do ~t eaQSt 'X'ltis report does not provide a guarantee or certifit~don that the property is $ea of shallow grotmdwater ar other canditiorts that w~ptrld impede the matt of the pr~erty far its pmpased use. The findings presented in obis repeat were based upon field obsen-atiaras dut8tg a single site visit and zerriew of litrnted data provided by a single advi.ROry agCtLCY. Obaervatians describe only the present at the tune of this im+estigtttia~a Tke data rdvre~ved and observations made are limited to the iauaediate locations and cortditiarzs eadstuttg at die time of our irtvestigatiori. Iasi Kelley Cattstrltittg cannot gttaraatee the completeness dr acctuacy of the government agcaty records reviewed. Add>~natt~-, is evaluating the pt'operty, Jason Kelley Cottsudting has relied in good faith ttpott represeatt~diions and infarmati~ provided by individuals noted in the t~port with t+esP~ to extSp'~g Property and subsuaface condition. $ must also be tmderstood first cl>anlgiuug ttircumstatxes in the PmP~'tY e• P F~tY >, ®d e~artges m the ro' ~ ~' ~~in6 Pry ark ~DUmdwttter statt,s can sitar the fines cott~ed is this report The client is responst'ble for the rnaiatona:rce and eventual removal of the Pziometers. Irian Kelley Coast:hing reaommet>ds the amt of the Pzirmeters such that cr~oss~orRamiaation of stnf'acc and subsurface scvi aad water is prevented. ~>~ 12tS Noeth 24t1- se.eer. t9oisa, la 83703 - (ate 34?r65ttt me NOV. -19' 96(TUE) 14:3i P~)~OINT TEL:20~23-0128 P, OOI 1"mpascd Highlands ltanclt Subdivision Mt~idian, Jdaho Page No. 6 Use of this report is provided m the client not$d an the cover page s thud PAY use of this report shall also be ~ their ale discretion and risk °~` for their exclusive use. .Any of this report shaJ1 be wntirout nsk or Iiab~ity to Jargon Kdlcy ~vnsuiiti~. ~' unai'th°rixed release or misuse Ifyou have any questions ar if we can be of further assistance, please do not bye to contact ow af~ce at (248) 342-65 18. ~lx~y submitted, J N KELLEY CO n KeIley, PE fessia~l $ngaieer .-x, 1 a~ ~ ~ 121J North 2'~ Sd~eeR • Bois, ]Q 83702 (ADS) a42-65~ $ ~ZIOPRw.poc NOV,-19'96~TUE) 1437 PAI~'OINT TEL:20~?3-p128 P.Op8 V'r~ ~~ .M~ ~r~ .JMt~ 1 f S BDIVISION EVALUATIO~SHEET - -----~ ~'- `~ ~- I .1 F ~ ~S ~ .. +QFi~= ! ~ J •.; - --- __- Proposed Development Name HIGHLAND RANCH City MERe~'~~IV~~t= ?3:i~~;1_;' Date Reviewed 06/08/95 Preliminary Stage XXXXX Final Engineer/Developer J J Howard Engr /The Westpark Company The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followin4 existing street names shalt appear on the plat as: "E. VICTORY ROAD" "S. LOLVST GROVr RvAD" "S. EAGLE ROAD" The following new street name is approved and shall appear on the plat as: "E LIMOUSINE DRIVE" "E. SHORTHORN COURT" "E. SIMMENTAL STREET" "E.BRAUMA STREET" "S.KETCHUM PLACE" "S. POTLATCH PLACE" "S. MACKAY PLACE" "S. HYNDMAN PLACE" "E. BULL TROUT DRIVE" "E. DWORSHAK DRIVE" "HEREFORD" is a duplication and cannot be used. "ANGUS" sounds like ANDROS and therefore cannot be used "BRANGUS" sounds like ANDROS and therefore cannot be used. "GIAVINA" sounds like GINA and therefore cannot be used. "LONGHORN" is a duplication and cannot be used "DEADWOOD" is reserved for use in another subdivision and therefore cannot be used unless • • ATTACHMENT OWNERS OF REOORD FOR SHERB~ROOKE 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 • • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, (Name) (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 Irc~tnark Company I•nc. P.O. Rnx ;aa Alnriril°n~ if~6+h~ 43680 To submit the accompanying application pertaining to that property. T• ___._ Dated this " =~ day of ~lC ~~ ,, 9 ~. .~'.~~~ SUBSCRIBED AND SWORN to before me the day and year first above written. ~.. / ~~.~ ~.~ Notary Public for Idaho Residing at ~~~-~ ! ~ My Commission Expires: ~~ ~~~ (sig~ure) AFFIDAVIT OF LEGAL INTER STATE OF IDAHO COUNTY OF ADA I~ Harold L. ill ores Ra ele e (Address) Meridian I_ d_a_ho_ , 83642 (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 0 Box 344. Meridian. Idaho R36RQ To submit the accompanying application pertaining to that property.. lf/ Dated this ~~ /day of ~,4-N~/ , 19 ~~~c. r ~~ l .~. ~-rUL2•v1 ( s i 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 STATE. Cr TPAr'~ COt1NTY ~1r ,~.D1=. T , CL~IYTON OR 2354 F _ VT('TnRI' ~ _ (name) ~ (address) MERIDIAN _, IDAFf0 , (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to; The westAark Company Inc.. P.O. Box 344 Meridian Idaho 83580 to submit the accompanying application pertaining to that property. Dated this _ ( ~ day of i~~ c~ . ~9 ~~ .3 (signature) SURSCRTRED AND SWORN to before me the day and year first abo-.e written. ~~~ Notary Public for Idaho Residing a t -,~.~-r r "` ~~ ":.~ ~ ~~~ i ~- ~' ' ~' -mnt ts.,_es=wed rr--~- -- , ~~ .. ~~ :i Th?1S 1NDENTURd, treads ~~l... . 27~.. der d ....... Au6aat ............. . 19 .S~ eebeen H. E. ROHINSON ..and.. DORIS C....SOHIN3011,_.haaband and..Mite, ....................... . d . , cauntr d ...... Ada ..... ....... _.. stead ......Idaho ............... , the prAsa d tee tb5f part erd P'LOYD..CNAIIDLER...and .8...1'~ONN& CNANDLSR, ............. .......... .............................. husband. acid...xite,..._..........................._.................._........................ . .. ................._... ...._.._..............................._...........................................:...._..d.........................................._...., county d .._.Ada ...... , seats d ... IdPRo ..- ................... , she pert iea d tM seoored pare, W1 NFSSE~X, that the said perlLea d the BrAPpert, /dr end to ootesideretlon d the antra d T$II (10.00 and ..oLher.._,~pod...dnd ~pluabls„consideration---------- Dd/ats lawlut treonsr d thr flnikd Stefes d Aenetice ........__...._ ..............._._....._._..._..._...__......_......._.. _.~..., . ro them... in bend paid br the peK.lea d the second part, the rsoelpe wherrd !. Meer eekreowh-dded, here /rented, bertdned, sold, and by these p-eeents do .. Brant, barjeln, soil erd oawer end conBrtn unto the sah! pan! ie, d the srcored pert, and ro their heirs end e+..!/ns, loerrer, dl th. Ioli~n~( deeerJbed rrsl estate, s-tueted in ..... .... , Covner d ............. ^~'a ................., Stste d Idaho, to-wit: SW~ of SM~ of 3oction 20, ToMnahip 3 North, Range 1 Eaat of the Hoi~e Meridian, in Ada County, Idaho. a j. TOGETHER with all end sin`erier the teneneents, herodifen-ents snd eppurlenenons M~ereunto be/ond- `~. ink( or In erere-iss sppertalydnj, end the rrvenion end rovsrslans, ermdnder end reneeinden, end stole, issues ;' end profits thered; end ell estate, Adht, tffie end lnterost In end ro the sold proprrtr, es wet/ in few n in equity r d the said pare 109. d the Bnt pert. , ~~ TO XAVS AND TO fi0L0, ell end sln/u/ar fhs chore »eentlaeed end described pmeeises ropether r with the eppureereereoes unro the pert iea. d the second pare, end to their.,.,. halo end esei`m lorerer. ~: And the eefd pare SeS. d the !fret pore, .red .......Lhei~ .. heirs, tld said prstnises in she quiet end • poeeeeston d she sdd pare..lea d the second part,their,.,.. heir end ass/ans, .de/nse she .aid pert .~1!a' d the Bret pert, end ..... their, heirs, end epelns! eU and story psrsor- and persons whonesosvsr, !ew/tdly. •'• cieimin/ or ro cieim the .enee eheii and wid warrant end bT these prrernls louver delsrd. ,~ ~~ .;. . IN WITNESS WXi!REOF, the said pereieB... d the Brae pert here.. hereunto „t..th~ir; he1~ ._"ro,,~ and srel B the der end J~ Brrt above written. ~ . ' ~. 6xeearted end De!<verrd in tM Prrsenoe d ~ ~ ~' .r ,. ~ :~ .. ,_ . ~ t. .. ~ ' ~ ., /O"C+n,t~asfJ. [Stu,] ........~ .................. (sw.) ~ f Q oi-~.~v...........:_..~SIALJ ..~~ .P~...«._ ....................... .. } STATE OF IDAHO, c«,nrr d ............. Ada... ........»..} ~ ~' ~ ; On tM~ ..... ...27~ . . ... deer d ........ Angaat , ...._».......»...._. 1n the Iron /9.58. , ! ........ the...nrds~i~ned....._._.._»..._.... • Ne~tevaT Pab1k In ead lar mdN SkMy plen.~A-" ........._......H...S... ROBIKSOQ.and..DORIS..C...,$OHMS.OIq,...2-usband__and_dta,~:~ ;.. ..~.•.- ;1 ~.. 4 _._':~~. known to me M bs ehs personh. who.e Harms h . ars.. eab•a~bed to fhs wJ:Mn fndnnnent, ~~~~ to nrs theft t hey r~etetded the mane. , ~ "~ v ~ 1N WITNESS WHEREOF, ! Mhs hentnrlo and ny hemd Bard nMlard ylfl; e~bml mrl the ds~ r M ! is exrtJlkste lint nbol~yrsa~$~ 'I/IINNN~ . .»...__. Pvblfc la the s ~ d ldba ._._. ' ~Resldln/ art ..1Ken'SdiaII.»..., teaha . . ~ ~';, :~, . ~ •' :. . , ;a, - , ?~~ ~_ -~ .. . ,~ r: . ~ `3 ; -~ `; y ~ 1 ~ _ r x' ' .. ~ ~ W i i i ~'~~~ *~ ~ CJ ~ i i ~ ~ ~C 7 •~: • f 1 ~~ ~ ~r. t .~ r }~ .• ~I K;~ ..~ i• :, L: ~' ~~ . ,~ . _ _ • •!~ . ' .: I .. •, ,•R~rrr --,,~: a - :~-mow ' 7r. w ~_ ..' ' _ . WARRANTY DEED . - For Value Received 8~4ds~ ' DST C• 1~ARTIIVS AND PATRICIA L.MARTENS, Husband aad Kire - .The grantors , do hereby grant, bargain, sell and Conve unto ~YTOA ?.ECDRD III AND n+, SIJSAIIT ~ y RECORD, '~usbaad read krife the grantees ,whose current address is the following described premises, ;n 3927 NORTlg~E jr/,v~ BOISE, IDl~O $3706 !~; Counry7daho, to- ~ ~.,_T 1 q-~~'~ AI'.~ f^~:DE A ?;,r?T r -~ v. TO HAVE AND TO HOLD the said premises, with their a ='-'•'E=? heirs and assigns forever. And the said Grantoenances untc the said Grantea S with the said Grantees ,that ~ he.• y-e the owner from all incumbrances ~~~,.-: • _ ^C sin fee simple of said premises; that they are tree ~..~.J:1•=.!'~i.C.. .~,~v J rrY~ --+•-•O i~~~.JY C(]V Y.r.Sf _._:r. _~ 0% »~.° "-.~\"iarl COIY'DimICA'S, r.m~ 3 and that ~ he :,- will warrant and defend the same from afl lawful claims whatsoever. Dated: •, bi _o/ij;, STATE OF IDAHO. COUNTY OF On this ~ 6 day of ~'4 STATE OF IDAHO. COUNTY OF G'~/ J Gefora me. a notary public in and for the said State. oersonaj~ thereby certify tAat tAls instrument was tired for record at the appeared IY reQuestof i ~3.^?, c. r~,~,.~.,....,, CHICAGO TITLE . ~- ~` CJ I_-/m/inutes past J j :.oyG~N•....,9'cif~~ thiZ 1 ~tt ',.oC'cloek/~M.. =>: oTQ~ ~~ "= ,9r~.inm 7 day of ~.~~~,,,iy~ . y office. and duly recorded in Boob known or idenytifRd~p me to DsJOe ~ ~ of Oeeds at Page c subseribecj i~iiS~ y~~5 wnosenams O'Tnf ~ UmenF anCjcknowl roar _~% , . Ge ~ : ~ ; edged to me ~ \ ~ ~ e^eeuted the same. .ldf'{~ ~~~Tr~'~~ ,,~ '~ ~ r ~ ~~~0 ~ ~ E:•OfGcio Feeorder ~/~ n ~ J 9es in _ O. ry PU01iC ey ~ '" ( ~~ r~i~iY.~ Oe'nm. Expires y~~s" • leano Fees S v eouty. ~'~~~ ~~ Mailto~ ~n ~.;, , _ . ,-*,., -t ~. " F.~IBIT I ~- The Southeast quarter of the Southwest quarter is Section 20, Township 3 r North, Range '1 East Boise Iieridiaa, Ada County, Idaho; «. ExCF.PT that portion 1 ~,: ying North and East of the Rideabaugh Canal; "' AND ~ that property.cm~ed by and described in Instrsanent No. ~}_:. 7760809, records of Ada follows: ~~'~ Idaho. more Particul8rly described as Commmciag at the Southwest corner of said Southeast quarter of the Southwest quarter. which 1is the RF~i P0~ OF BEGINA^.1~1G: thence 1'torth O'34'.2S^ 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; Lheace South 0'34'23" Weat 1336.61 feet to a point oa the South boundary of said Southeast quarter of the Southwest q~sarter; thence North 89.34'10" West 640.00 feet along said South boundary to the REAL POINT OF BEGINNING, AND EXCEPT CO®~ia8 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 vith a S/8" iron piss vith as aluminum cap); theme Easterly along the North side 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 descr*_bed; thence Easterly along the North side of Victory Road 540 feet to a point which ahal.l be the Southeast corner of the tract being described; thence Northerly along a line perPmdicular to the Southern boundary line 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 line parallel to the Southern boundary line (North side of Victory Road) 540 feet to a point on the Western boundary of the tract being described, which point shell 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 is Instrument No. 7760809, records of Ada Counay, Idaho, 484 feet to the set nail which is the REAL POINT OP BEGINNING. EXCEPT ditch and road rights of way, q~rr,~-c.~aur ~3 ~~e ~ooF~ t~Ilieri recorded mail to: • ~ ~;n nr,gI~JFR• r:C:, . . h1ERIT MORTGAGE CORP . .. i)a ~ !') i!+','. i,l''.P.0 au5 s. o'rii s•r. suI•rE iii b~IS~ IJ IIOISE, IDAHO 03702 . 1'repare+i by: r f l PIOWEEII'fIILE:CU. . .~ ~~y~~.~~~ y 1~ r~i ~. i• D IIkC:°i ...... ... . ....:^UEST OF 1O~fi 13 ~ (.{•O _. ______..________ .-.-- 13pw,r Aba~~ l IJe IJur Fur It~,a,dbiR Url*I 'l~~I,'l r f I< I LNII: 206381533 V L.LLJ O'1 I~,I~VIJrI' 'I111S UIiGU UI'T11U5'I' ("Sccurily hrslnuucnl") is nradc orr NOVEMBER 15, 1994 . '1'hc gr:uUor is HAROLD L. KILLGORE, AN UNMARRIED PERSON .AND RAYELENE H. ALLEN, AN UNMARRIEll PERSON ("1 fun u+ccl "). 'Ilrc 1 nlslcc is PIONEER 'TITLE COMPANY OF AllA COUfITY ("'fnlslcc"). 'I~hc Ixucficiary is t1ERI'r MORTGAGE CORP. , A IDAI[O CORPORATION ++hich is all;:wiictl :uul csisliug uudcl nc~ lams of 1'I!E S'1'A'rE OF IDAIfO :r-IJ-css is 405 S. O'1'Ii ST. SUITE 111 BOISE, IDAilO 83702 and whose ("Lcudcr"). Ilonvucr u+vcs Lcudcr the principal sum of 1'WO IiUNDRED SEVENTY TWO TiIOUSAND ANU NO~lOOAAAAAkAAAAkAAAAAAAAAAAA *AAAAAAA Uullals(11.5• S 272, 000.00 ).lhisdchliscvidcuccdb}•Uonurvcr'snvlcd:dcrllhcs.~nlcJ:IIc:ISlhisSccurilylustrumcnl ("NUIC"), airich provides fur uwuUrh• paynlculs, +villr the fill dcbl, if Irol paid earlier, Juc and payable on DECEMBER 1, 2 024 .'I'bis Sccwiq• Inslnuncul secures to Lcudcr. (a) the rcpayn-cul of the dcbl evidenced by the Nolc, ++itlr iulcresl, and all renewals. cxlcnsiuns:urd:I1(ldlflC:llinl-SOf the NUIC; (b) thep:q'urculofall olhcrs~urs, with inlcresl, advanced undo p:uagraph 7 to pr ulecl the security of this Sccwil~• lusuun-cul; and (c) the perfonuauce of Uorrower'S coveuauls and agreeurenls undo This Sccwily hlslruurcul and the Nulc. I~ur Ibis Innpusc, Ilonowcr incvocably gruus and conveys lo'1'nlslcc, iu Irusl, with Iro+vcr of sale, nc~ lidlo+viug dascribctl propcll}• k,calcJ in AOA Cuunly, Idaho: SEE AT'rACIiED EXIIIfiI'r "A" WliICEI 13Y 'rIIIS REFERENCE BECOMES A PART I(ERETO AfID IS COMPRISED OF ONE PAGE. S1120346800 14/111C1I IIAS'I~1IL• nl)UIIIiSS UI': S~I~ItEGI': 2000 E. VIC'T'ORY ROAD CITY: MERIDIAN S'I'n'I'li: IDAHO L.II'(:UUIi: p3642 ("Prupclly ntWlcss"): 'fUGI I'I Ilill \'VI'I'I I aU the iwpl uvcurclds uo+v or hclcaRer crecled~ou the proper ly,and all arseurenls, :rppurlenauces,aod fixtures u<nv ur hcwallcr a p;nl of the propcUy. nll rcplaccurcnls auJ addiliuus shall also be covered by Ibis Sccurily InsUun-cnl. All of lbc furq;uiug is referred to iu Ibis Scculily lusduurcnl as the "I'ropcrly." ' IIURIIU W fill CU VGNAN'I'S that Uunu+vcr is law(ull}• seised of the cslalc her cby conveyed and has the right Iv grain and convey the 1'l alrcrly and Ilral the !'-opelly is unencurnbclcd, cxccpl fur cncuulbrances of record. Uorrorecr warrants and +vill defend gcnerall}• 16c lillc lu the Iholrcrly agaiusl :dl claiurs and dcuraods. subjccl In any cnnuubrauccs of rccad. '1711SSGCURI'I'Y INS'1'IIUMGNI'cuurbinca unifur mcovcuaulsfur uafiun:d uscand uon•unifonucovcn:uus with limilcd vari;dious b-• jwisdicfiua to carslilulc a unifur ur sccarily iusUUUrcul cavcliug rC:d purlmrl}'. UNIhOItM COVGNAN"I'S. llouu++rr anJ Lcudcr cu+•cnaul uud agree as follva•s: nl..nu.si„cI~F.„ulr••FnnlniFnl.nu:ur+n~uunllnsrnu^IFrlr Iuitiale: r_. YpU• tl!(11r) (%InSl.lll 1'ono ]nl3 7:NlAm~nJrd Sr71 I':1(;l' I Ilf 5 II) )IipN )qY' • ~ LN#: 2063815 'a meal of Principal and LUcresl; Prepayment and Lale Charges. Borrower shall promptly pay +vlacu due 111Rlriucipal oC 1. l p d interest on We debt evidcaad by the Nole grad any prcpaymad and laic charges due under the Nolc. 2. Funds for Tares sad insurance. Subject to applicable law or to a +vriltca waiver by Lender, Borrower `I-uXll~p.'~loLcns Wen s c day nwntlrly payrttenls arc due under llw Note, unlit Urc Nolc is paid iaa full, a sunl ("'und~s~ o d (~) ~ -~ or ~rouaad rcrns on liar Uicl- Wray attain priority over ibis Security Insuunrerrl as a tiro on tlw I'roperiy; (b) Yea Y p Y 6 earl naorl ~ c openly, if any: (c) Yearly hazard or properly insurarc promiuou; (d) Yearly Qaad iaasuraaacc premiums. if any: (c) )' Y & g sumnce prcariwns, if auy; and (n any sums payable by Borrower to L.cuder, in aaordance with the provisioaas of paragraph g, in lieu tlae paynaeal of mortgage irlsucance prerruums. These items arc callaxl "escrow Itcuas." Lender may, al auy time, collect and Iwld urds iu an autouul not to exoa:d tlae maximum auwunla lender for a federally related mortgage loan may require for Dono+vcr's escrow xounl wider tlw federal Real Estate Sclllerltwal Procedures Act of 1974 as mnendal from lime to lime, 12 U.S.C. Section 2601 el seq. 'RESYA"), unless another law tlaal applies to the rands sets a lesser amount. ICso, Lender may, at any lime, collect and hold Funds an amount uol to exceed the lesser aanounl. Lender may estimate the amount of Fwads due on the basis oCcurrcul Jaw runt rcasonablc aiaaates of expenditures oCfulure Escrow hems or oll-envise in accordance with applicable law. 'fhe rands shall be held in an ilulituliou whose deposits arc insured by a federal agaacy, iautru mental ily, or cult ly (including Lcaader, Cruder is such an irutilulion) or in any Fcdcral Honac Loan Bauk. Lcndcr shall apply tlw Funds to pay liar Escrow brass. Lcndcr luny ul charge Borrower for holding and applying llw Funds, annually analyzing the escrow account, or verifying the Escrow Ilenas, uadess .ender pays Borrower interest on llae Funds and applicable law pcnuils Lcndcr to uaakc such a charge. i lowcvcr, Lcndcr may require lotto+vet to pay a one-linty charge for au iladepeaadenl real eswle lax reporti ng sen ice used by Lcndcr i n connect ion with this loan, unless grplicable law provides oUlcnvisc. Unless an agrccanenl is nwdc or applicable law requires interest to be paid, Lcndcr shall not be cquircd to pay Docrowetany interest or earnings on Uac Funds. Dorrowcc and Lcndcr may agree in writing, however, llaat iulcrest shall ,~ paid ou the Funds. Lcndcr shall give to Borrower, a•ithoul charge, an :uuuaal accau+ling of the Funds, showing credits and debit u the Funds and the purpose for which rack debit to Uac I~unds was wadc..'I'hc I~uuds arc pledgcJ as addiliuual s~•curity for all swans ccwcd by ibis Sccurily Inslruuacnt. if llw Funds I-eld by Lcndcr cxa•crl the awouuls pcnuiltcd to be hell by applicable law, Lcndcr shall account to Borrower for t ae ~ccss Funds in accordance with the rcquircuacnls of applicable law. If the aaaouut of the f ands held by Lcndcr at any ti me is not sufTicienl~ :o pay Urc Cscrow Items when due, Lcndcr nary so notify Dorro+vcr in +vriting, and, in such case Dorrowcc shall pay to Lcndcr the anwuul necessary to wake up the dcficicaacy. Borro+vcr slu~ll make up the dcficicucy in no more llwu hvclve monthly payments, at Lcudcr's sol~ .liscrclion. Upon payancul in full of all sums sccurcd by this Sccurily lustnuucnt, Lcndcr shad) promptly refund to Borrower auy Funds hcl t,y Lcndcr. lC, under paragraph 21, Lcndcr shall acquire or sell tl-c Propcrq~, Lcuder, prior to the aa;uisil ion or sale ofthc Property, shall • :q-ply any Funds held by Lcndcr at the lime of acquisiliou or sale as a credit against the sums sccurcd by ibis Secwily lustrumeral. 3. Application of Paywenls. Unless applicable la+v provides oUacnvise, all paynacads received by Lender under paragrapl-s I and 2 shall be applied: first, to auy prcpayruad claargcs due under the Nolc; scrnnd, to anwunts IH'ayable wader paragraph 2; third, to interest due; Courtla, to principal due; and last, to any late charges due under the Nole. 4. Charges; Liens. Borrow•cr shall pay all taxes, assessuacnts, charges, fines and impositions auribuwblc to the Prupcrty which uaay attain priority over this Security Lastruuacnl, and leasehold payuaeuls or ground rents, if auy. Dorrowcc slwll pay these obligalioaas iu line naam-cr provided in paragraph 2, or if not paid iu that mawacr, Borrower shall pay them ou tinac directly to the person owed payuacnt. Dorrowcc shall prouptly furnish to Leader all notices of amowals to be paid under this paragraph. If Borrower makes these payuaeuls directly, Borrower shall promptly furnish to Lcndcr receipts evidencing the payuaculs. Dorrowcc shall promptly discharge any lien which has priority over this Sccurily Inslrun-cnl unless Borrower. (a) agrees in +vriting lu the payment oCthe obligatlou sccurcd by the lien in a manner acceptable to Lcndcr, (b) contests in good faith Uac lice by, or defends agairut enforcenacnl oC Uae lice in, legal proceedings which in the Lender's opinion operate to prevent the eadorcerncul oC the lieu; or (c) secures Crom ltae Iwldcr oCthc lice as agrccu-cnl satisfactory to Lcndcr subordinaliug the lice to this Sccurily laaslruuacnl. I(Lcnd~ dclcnuiucs tlwl any part of the Property is subject to a lien which may attain priority Duct ibis Sccurily Inslrunacut, Lcndcr may giv llorrowcr a rwticc idculiCying the lien. Borro+vcr shall satisfy line lieu or take our or wore of the actions scl forth above within ID days of the giving of notice. S.Ilaz:i~dorPropcrtylnsurancc. Dorrowcrsballkccplhciuquovcnacaalsnowcxistiugonc~rcallcrcrcclcdouthcPropcrq•iaasurctl :against loss by Grc, hazards included within the lcnu "extended covcragc" and any other harards, including Woods or ^oaliug, for ~ which Lcndcr requires insurance. This insurance shall be naaintaiucd in the anaouuts and for the periods that Lcndcr requires. The ~ insurance carrier providing the insurance shall be chosen by Borroacr subject to Lender's approval which shall not be unreasonably +viUdacld. if Dorrowcc fails to maintain covcragc described above, Lcndcr nny, :rt Lcndcr's option, obtain covcragc to protect Lcudcr's q rights in the Properly iu accordance with paragraph 7. All iusurancc politics and renewals shall be acceptable to Lcndcr and shall includer standard uwrlgage clause. Lcndcr slu~ll h:rve !hc rigid to hold ll-c policies and renewals. !f Lcndcr requires, Borrower shall promptly give to Lcndcr all receipts of paid premiums rand renewal notices. In Uae event of loss, E3orrowershall give prompt notice to the iaaurance carrier and Lender. Lender uaay make proof of loss if not made pron+ptly by Borrower. Unless Lcudcc and Borrower otherwise agrrx iu writing, irasuraoce proceeds shall be applied to restoration or repair of the Prolxrly damaged, iC the resloralion or repair is economiplly feasible and Lcuder's security is awl lessened. If the rcsloraliou or repair is awl econoarical ly feasible or Lender's security +vnuld be lessened, the iaasurauce proceeds slwl I be applied tothe sums secured by this Security luslruu-ca-l, whcUacr or not then due, with auy excess pail to Borro+vcr. If Dorrowcc abandons the Property, or does not answer within 1U days a notice from Leader that the insurance carrier has offered to settle a china, then Leader may collect the insurance proceeds. Lcndcr u+•ry use the proceeds to repair or restore the Properly or to pay suuas sccurcd by ibis Sccurily Inslrunacnl, +vhcl6cr or uol then due.1'lac )D-day period will begin when the notice is given. Unless Lcndcr and Borrower olhcnvise agrx in writing, any application of pra;ccds to principal shall not extend or postpone the due dale of line moutldy paynacnts referred to in paragraphs t and 2 or change the amount of ll-c payuacnts. !C under paragraph 21 the I'ropcrty is aequircx! by Lcndcr, Dorrowcr's right to auy iusurancc politics and proceeds resulting from d:uraagc to the Property prior Io ltae aaluisiliou shall pass to Ler+dec to the extent oCthe suuas sccurcd by this Sccurily htstrunaenl inunediately prior to the acquisiliou. G. Occupancy, Preservation, Mainleuaace auc! 1'rutcclion of the 1'rupcrly; Borrower's Luan Applicaliuar, Leaseholds. Borrower slwll occupy, eswblish, and use tine Property as Dorruwer's principal residencx within sixty days alter tine execution of this Security laastrwucnl and shall coulinue to occupy the Properly :as Dorro+ver's principal residence for al Ieasl one year alter the dale of occupancy, unless Lcndcr olhcnvisc agrees in writing, which cmascut shall not be unreasonably withheld, or unless cxlcnuating circuuastauccs exist which are bcyoaul Dorrower'scootrol. Borrower shall not destroy, dvaaage or impair line 1'ropcrty, allow the Property to dcicrioratc, or commit waste on the Properly. Dorrowcc slwll be in dcfauh if any forfcilurc actiol- or praxccdiug, whether civil or criaaiual, is begun Vaal in Lcndcr's goal faith judgment could result in Carfciturc of Uac Prolx:rly or otherwise rawlcrially impair line lieu Initials: .~ lunno•s„~~tcr,~~att••rnotniNUl.ntcutvlaotlnrttvs•ruunu''tvr rocuN .............. ...~.~<, n r,,,... ioa~ ~roon~..~~~a~,a S/9l 1'a;;c 2 u( 5 LN#: 20638 ,ceded by this Sccurily lustrumerrt or Lender's y interest. llorro+ver may cure such a default and reirutl~ls provided in arragnplr Ig, by causing Ule action or procecdiog Io fre dismissed with a ruling that, in Lender's good faith dclenui+crliou, precludes .n feilurc of the borrower's interest in U+e Property or oll+er material iurp:unncut of the liar ogled by ibis Sccurily I+IStrunrenl or r .crulcr's security i+rlcresl. Dorrorvu slwll also bC in default if Borrower, duri«g the loan appliption process, gave umtcrially false or uurccurate iufonlralion or slate+rrcrrts to Len(kr (or failed to provide Lc«der with any nmlerial iufonnalion) i«wmroctiou wish the loan _+•idurced by the Note, iocludiug, but not liuulod lo, repceseldalions co«ceruing Borrower's occupanry oC lire Prolreriy as a principal csidc+rce. if this Security lnstrunre+rl is oa a lgacl+old, Borrower strati courply with all ll+c provisions of the (case. If Borrower acquires li:e title to the Properly, the lcasclrold m+d Urc fcc GUc shall uol urcrgcvnless Lcudcr agrees to the merger in writing. 7. Protection of Lender's Righb iu the Propcriy. ICBorrowcr fails la perform the covc+wnls and agrx«renls rnnliiucd in this iccurily l+rstrunrent, or there is a legal procxdiag Ural may significantly afCcd L,cuder's riglrls in ll+c Property (sucl- as a proceeding ~~+ ba++kruplcy, probate, for condcuumlio« or forfeiture a to enforce taws or rcgul:rlious), llrcn l.c+ldcr (nay do arld pry fur whatever is ~:ccessary to protect the value ofthe Properly and Lcrrdet's rights in Ule Properly. Lc«Jer's adiorrs nray i«clude paying:u+y sums secured try a lien which Iws priority over this Sccurily loslturncat, appcari++g iu court, paying rpsorrablc atlor«cys' fees and entering on lire P(olrcrly to wake repairs. Alllrough l.crrdct +wy take anion uudcr Ulis parrgraph 7, Le+rdcr does not h:rvc to du so. Auy aulou«ts disbursed by LGUkr uudcr Uris paragraph 7 sh:dl bccY-nle addiliulu~l debt of Ikrrrowcr scarred by This Secu+ily t«strwncrlt. Unless Dorrowcrand Lardcragtx tootlra tcrn+sofpayurcul, these awounls slwll bcuirUCrcsl fro«r Ulc date o(disburscn+Grt :+t the Notc rate a+rd shall be payabh; with i+LLCresl, upon +rolice from [.c+ulcr to Dorrowcr requesting paynrcnl. K. Mortgage hrsuranca if Lcudcr rcquircd +uorigage insurance as a condition of making the loan sccurcd by this Sccurily luslrwnent, Borrower shall Ilay Ulc prcnliwus rcquircd to ulaiulaiu ll+c mortgage insurance iu effect. If, for auy reason, the wortgagc insurrrrce coverage required by Lcudcr lapses or ceases to be in effect, Borroeror shall pay the premiu+us rcquircd to obtain coverage tiubst:u+lially equivalent to the wortgagc insurance previously in effect, at a cost subslautially equivalent to the cost to Borrower of the nwrlgage insurance previously iu elfcct, from err altcr+ulc uwrlgagc iusurcr:+pprovcd by Lcudcr. if subst,•ullirlly cquivalcut wortgagc ' i nsurance coverage is not available, Borro+vcr shall pay to Lcndcra~ch month a su nl equal to one-hvclfth of the yc:lrly mortgage insure prcwium being paid by Borrowci whcu the il+surauce coverage l:grscd or ceased to be iu effect. Lender wit l accept, use and retain lire payments as a loss reserve in lieu of mortgage irlsuraucc. Loss reserve payurarts way uo longer be rcquircd, al the option oC Lender i f wortgagc insurance coverage (iu U+e amount arld for the period Ural Lcudcr requires) provided by a u insurer approved by Lender agail becon+cs available a+rd is obtainal. Dorro++•cr slwll pay lire prcwiuuls rcquircd to 1«ainlain uwrlgage insurance in e(Tect, or Io provide :( loss reserve, unlit the require+nenl for wortgagc insurance ends in accordance with any wriUen agreement bcl+veen Dorrowcr and l.cndcr or applicable law. 9. Inspccliuu. Lcudcr or its agent may ulakc rcaso+rablc entries upon and inslrcctious oClhe Property. Laldcr shall give Dorroac notice at the time of or prior to au i+-specuon specifying reasonable cause Cor the iuspedion. IU. Cu«denuralion. The proceeds of auy award or claim for damages, direct or consequential, in con«ecliou with any coudenulaliou oc other faking of a«y part of U-e Property, or Cor conveyance iu lieu of co«deuu+alioa, are hereby assigned and shall be paid to Le+-der. ht the event of a total taking o[the Properly, the proceeds shall be applial to the scans sccurcd by this Security Inslnuncul, wl+cll-cr or +wt lircu due, with auy excess paid to Borro+ver. !n the event of a partial taking of the Properly iu which the fair n+arkcl value of the I'ropcriy immcdwlcly bcforc the taking is equal to or greater than the aurou«l of the su ors sxurcd by this Sccuri ty I ustrunlcut inuucdialcly bcforc We taking, unless Borro+vcr and Lcudcr oUlcrwiseagrce in writing, the scanssccurcd by ibis Security Inslru«ICntshall be r(xluccd by Ule amount of the procceds nwltiplicd by ll+e fallowing fraction: (a) the total awouul of the suns sccurcd iuunediatcly bcforc Ure 4~king, divided by (b) the fair market value of the Yropcrty inunedialcly bcforc the taking. Any balance shall be paid to florro+vcr. lu the event of a partial taking of the Property iu +rhiclr lire fait market value of tl+c Property iu+mediatcly before the t:d(ing is less ll+au the awouul of the sums secured imwe(lialely bcforc the taking, u+dess Dorro++•cr and Lcudcr otherwise agree in writing or unless applicable law otl+crwise provides, the proceeds shall be applied to the swr+s secured by this Security luslru«lall whether or net tlse sums arc Ulen due IC the Property is abalydoucd by Borrower, or iC, after notice by Lcudcr to Borrower that the condeuwor offers to make an a+rar ur settle a cL•rim for damages, Oorro+ver fails to respond to Lcudcr +cithin 3U days alter the date the nolicc is given, Lcudcr is :wlhor+zed lu collect and apply the prOCCCds, al its option, eiU~er to reslor.+liou oc repair of the Property or to the sums sccurcd by Uris Security ~ Instnuncul, whctlrer or uol then due. CA Unless Lcudcr and Dorrowcr otherwise agrce in wvili«g, nay appliCltion of proceeds to principal shall not extend or postpone the A due daft of lire monlldy payments referred to iu paragraphs I and 2 or change ll-e awouul of such payu+enls. 11. Burrower Not tielc:rscd; Forbcarancc Dy Lcudcr Nut a Waiver. Exlc+lsion of the time for paymalt or modifiptiou of `~ awort+~.atio++oClhcsumssecurcdbylLisSccurilyl+atruu>culgrantcdbyLcudcrtoanysucccssorininlcrestofDorro++•crshallnolopcralc Q lu rclrrsc the liability of the original Dorrowcr or Dorro+wcr's successors in interest. Lcudcr shall not be rcquircd to couuncncc 'C' proceedings against any successor in i«lerest or refuse to extend live for payment or olhenvise modify anlorlizatiou of the sours secured by this Sccurily Insttun+cul by ra-ISOn ofany dcn+and n+adc by the original llorrowcr or borrower's successors iu interest. Any Forbcarancc by Lcudcr iu exercising any right or rcu-edy shall not be a waiver of or prcchr(ie the exercise of any right or renrc(ly. 12. Succtssors m+d Assigns Bound; Joint and Several Liability; Co-signers. The covenants earl agrecnlenls of this Saurily 1«struurcnl shall bind and bclrcfit the successors a+~ assig+rs of Larder mid Dorroaror, subject to lire provisions oC paragraph 17. Borrower's covenants and agrcema+ls shall be joint acrd several. Auy Dorrowcr who co-signs this Sccurily InsUUnreul but does not execute the Nola (a) is co-signing U+is Sxurily l+utrumcnt only to wwrtgagc, grant and convey that Dorro+vcr's interest iu the Properly under the lernu of this Sccurily Inslrunleul; (b) is cwt persor+ally obligated to pay the sums sccurcd by this Sceurity llrstruulent; aa(I (c) agrees llwl Lcudcr and auy other Dorrowcr I+ray agree to eelend, nwdiCy, forbear or Make auy accommodations wi lh regard to lire leruls of this Sccurily lustrumcnt or the IVotc wiUwul drat Dorro+vcr's consent. 13. Loan Charges. lCthe loan sccurcd by Uris Sccurily Instruu+enl is subject to a law which sets nlaxiuww loan charges, and that law is finally inlcrprclcd so that ll+c interest or other loan charges collected or to be collcclcc! in connection with the taut exceed ll+c penuitled limits, that: (a) auy such loan charge shall be (educed by lire amount necessary to reduce the charge to the permitted liorit; and (h) arty suuu already collected from Dorrowcr which exceeded penniUcd limits will be refunded to Horro+ver. Lcudcr ulay choose to make Uris refund by reducing the principal o++cd uudcr the Nolc or by making a direct payment to Dorrowcr. lCa refund reduces principal, the reduction will be Ira~ted as a partial prepayment +vitlwul any prepayment charge under the Note. 14. Notices. Any nolicc to Dorrowcr provided Cor in this Sccurily huUunlcul shall be given by delivering it or by mailing it by firs) class urail unless applicable law requires use of another uuUlod.'1'he uoliceshall be directed to the Property Addressoruq• olheraddress llorrowcr designates by nolicc to Leader. Auy notice to Lcudcr shall be given by first class mail to Lcudcr's address slated herein or any other address Lender designates by notice to Dorrowcr. Any notice provided Cor in this Security Llslnuucnt shall ire deemed to have been given to Dorrowcr or Lcudcr whcu giver as provided in ibis paragraph. 1S. Covcrni«g Law; Scwcrability. Tl+is Saurity h+slru«rcnl shall be governed by federal law and the law of U-c jurisdiction in which the Property is located. In Ule cvaU that any provision or clause of this Sccurily luslruurcul or the 1Vole conflicts with applicable IIJAl10• Single family d'IHA1NflILAI(' UI'rlfOllAr IN.STItl1MF:N'r IRit.1d1H : wMP f.+t(+Il) (91oS1.Ql fi.un Jul ]'/~90,1a~n~JtJ S/91 1'"'~e 3 Irf $ UDIiDN LNG: 206383 law,suchcou(liclshallnolalrectolherprovisionsoCth~urilyl--slruulel-lortheNolewhichcanbegiveue(Tectwil hecott(lictiug provision. '1'o this end the provisions of ibis Sccurily h-suuu-cnl and tl-c Nolc arc declared to be severable. 1G. borrower's Copy. Borro+vcr slwll be given one colJoru:cd copy oC the Nole and of ibis Sccurily lltslrun-enl. 17.'['raosfcr of the properly or n beneficial Interest iu Durruwcr. !fall or auy part of U-c properly or any interest in it is sold or tnosfcrrcd (or iCa bc--clicial iulcrcst in Borrower is sold or trallsfcrred and Dorrowcr is not n natural person) without Lender's prior wriltenconscr-l, Lcndcnnay, at ilsoption, rcquirc immediate paynlcnl intuit ofall suuusecured by tl-is Sccurily Innnw-cl-l. However, this option sl-all not be exercised by Lender if exercise is prol-ibilrxl by federal la+v as of ll-e dale of this Security 1-IStrun-ptl. If Lcndcr exercises Wis option, Lcrlder shall give Borron•cr uolicc of acceleration. Tlu: notix limit provide a period of rat Iris than 30 days frmn the date the nods is delivered or mailed within which Dorrowcr uwsl pay all sums secured by this Security Iltstrmnel-l. If Dorrowcr fails to pay these sums prior to the expiration of ibis period, Lcndcr may invoke any rcll-cdics pcnuillcd by Utis Sccurily lastrunteul without further uoliw or dct-wod on Dorrowcr. 18. borruwcr's liighl lu Itcinstale. ICDorrower mats certain conditions, Dorrowcr shall have the riglU to have euforcelnenl of this Security 1--strument discoutinual al any live prior to the earlier of: (a) S days (or such other period as applicable law may specify fur reiuslule-Ircug before sale of the Properly pursuant to aay po++•cr of sale contained iu this Sccurily luslrumenl; or (b) entry of a judgulenl cr-forciug Ibis Sccurily lustruutcul. Those conditions arc dull Durro+ver. (a) pays Lcndcr all snots +vhicl- then would be due w-der Ibis Sccurily I Itstrunlenl and the Note as if uo acceleration hrd occurral; (b) cures auy default oCany other coveum-ls or agreellleuls; (c) Pays all expenses incurral in c--forcing this Sccurily htslnuucal, iucludiug, but not limilcd to, rcasotl:lblc :Utonlcys' fccs; and (d) lakes such action as Lcndcr only reasonably require to assure that the lice of Ibis Sccurily luslnuucnl, Lcodcr's I ighls is the Properly :old Uorro+ver's obligation to pay the swns secured by this Sccurily hutruureul shall continue unclwnged. Ulwu rcinstalelnenl by Ilorro+vcr, this Sccurily laslruuuul and the obligations sccurcd hereby shall rcu-aiu fully cRcctivc as if oo accclcralion had occurred. I lowcvcr, this right to reinstate shall not apply in the cast of accclcrtlion wider paragraph 17. 1'l. S:III` of Nine; Change of l,o:w Sen•iccr. The Nole ora partial interest in the Note (together with this Sccurily Ilrslnunent) clay be sold one or nlorc limes wilhoul prior notice to Dorrowcr. A salt miry result in a change in the entity (kno+vn as the "Loan Scrviecr" that collccls monthly payments due under the Notc and this Sccurily lnstnuucnt. Thcrc also may be one or more changes of the Loan Scrvicer uurclalerl to a sale of the Note. If there is a dtauge of the Loan Scrvicer, Dorrowcr will be given written uolicc of tl-e clwugc in accordance with paragraph 14 above and applicable law. The uolicc +vill stale the name and address of the new Loan Servicer and the address to wl-ich payn-enls should be made. The notice will alw contain any oUwr information required by applicable law. 2U. 11:vurdous Subslanccs. Do(ro++Cr shall Ilol pUSC Or heflnll the p(CSC11eC, use, disposal, storage, Or rC1C:ISC Of ally 111L'IrdoUS Substances on or iu the Prol>crly. Dorrowcr shall uol do, nor allow anyone else la do, anytl-ing affecting the Properly that is iu violation of any Environulental Law. T'he preceding h+ro sentences shall not apply to thepresence, use, or storage ou the Property oCsmall quantifies of !lazardous Substances tl-at arc gc-tcrally recognized to be appropriate to normal residential uses and to n-.•linlc-laucc ofthe Property. Dorrowcr slydl promptly give Lcndcr written nolicc of any iuvcstigatiou, claim, dculand, lawsuit or other action by auy govenuncnlal or regulatory agency or private party involving the properly and any Hazardous Substance or Environn-cutal Lawof which Dorrowcr has actual klwwlcdge. if Dorrowcr Icanu, or is notiGcd by any govcnuncutal or regulatory authority, that auy removal orother rcutedialion oCany l lazardous Subslallce alfectiug the property is necessaq•, Dorrowcr shall promptly lake all necessary renudial actions iu acrnrdauce will- Environmental Law. As used in This pvagrnph 20, "Ila~ardous Subslanccs" arc those substances defined as toxic or Iw•rardous substances by ['snvironutental L:uv and the following substances gasoline, kerosene, oiler l7annuable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 2U, "6nvirorunenlal Law" wc,•us federal laws and laws of the jurisdiction where the Properly is totaled that relate to hcalll-, safely or cuvironulonlal protection. NON-UNIFORM COVGNAN'fS. Dorrowcr and Lcndcr Curthcr covenant mid agree as folio+vs: 21. Acccleratiou; licntedies. Lcndcr shall give nolicc to Durruwcr prior lu acccleralion !'allowing Dw•run•cr's breach of auy covenant or agreement in this Sccurily luslruucenl (but nut prior to acccleralion under paragraph 17 unless applicable law pru+•ides olhenr•ise).'I'he uuliceshall specif}: (a) the dcfaull; (b) the nctluu required to cure the dcfaull; (c) a dale, not Tess than ~ 3U Jays from Ule dale the uolicc is gi+•cn lu bun-owcr, by +rhich the dcfaull must be cured; and (d) that failure lu cure the default ou or before ll-c dale specified iu the uolicc may result in acccleraliou of the sums secm•ed by this Sccurily lnstruwcnt ar-d sale (° of tl-c 1'ropcrty. The nolicc shall further inform Dorrowcr of the right to rcinstule after accclcruliun and the right to bring a court ucliuu to assert U-e nun-csislcncc of a default or auy uthcr defense of Durruwcr to accclcrulien and s:de. If the Jcfaull is g= nut cured on or before the dale specified iu the nolicc, Lcndcr, at its opliuu, may require inuucdiatc paynleul in full of all suns secured by lhisSecurilylnslrun-enlwilh~ul fwtherdemand and may inrolcc the powerof sale and any other remedies permitted by applicable law. Lcndcr shall be cnlitlcd to collect all espenscs incurred in pursuing the renrcdics pruvidcd iu this paragrrpb 2I, including, but nut limilcd lu, rcasonal-Ic atton-c}a' fccs :uul culls of title evidence. If !.coder invoke qw power of sale, Lcndcr shall execute or cause Trustcc to esecule a written notice of the occurrence of an crcnt of dcfaull and of Lender's cleclioa to cause the Properly to be sold, and shall cuus< such notice to be recorded iu each a-w-ly in which any part of the Prupcrty is lucalcd. Lcndcr ur 1'nlslcc shall mail topics of the nolicc as prescribed by applicable law to bw•ro+rcr and to other pcrsuns prescril-cd by applicable lu+r. Trustcc shall give public nolicc of sale to Il-c persons and in the manner prescribed by applicable la+r. After the lime raplircd 1-y applicable law,1'ruslcc, wilhoul demand m- Dorrowcr, shalt sell the property al public auction to the highest bidder al the time and place and under the lern-s designated in tl-e nolicc of sale in one or a-ore parcels and in •auy orderTrvslee determines. T-vslce may postpone s:de of all ur any parcel of the property b}• public sumuuncemcnt al the lime and pl:cecuf au}• previously scheduled s:de. Lalder or its designee may purchase the Prupcrty al auy sal(:. Trustcc sl-all deliver to the purchascr'Cruslcc's dced wuvcyiug the Ih•upcrly +vilbuut any cn+•cn:ud or n•:u•ru-ty, c:pressed or inytlicd. The recitals iu the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Truslec shallrpply the proceeds of ll-e sale iu the follon•iag order: (a) to all espenses of the laic, iucludiug, but nut limilcd lo, reasonable 't'rustee's and altorncys' fccs; (b) to all sums secured Iq• this Sccurily Inslruwu-q and (c) any a:eels to the person or persons Icgally cnlitlcd to it. 22. Rccouvcyancc. Ulwu payutcut of all souls sccurcd by ibis Sccurily Instnuucnl, Lcndcr shall rcqucst'Trostcc to reconvcy lbe Prupcrty and sh:-II surrender this Sccurily hlstruatcul and all notes c+•idcuciug debt sccurcd by Ibis Sccurily lustnuuenl to Trustcc. 'Trustcc shall recwroey the Properly wilhoul ti+rorrant}• and wilhoul charge to the person or persons Icgally cnlitlcd to it. Such person or Ilcrwns shall pay any recordation costs. 2J. Subslilule'frvslee. Lcndcr ar.•ty, for 811y rCa5011 Of C:IItsC, from time to lime remove Trustcc mid appoint a successor lruslcc le auy Trustcc appointed hereunder. Without crouvcyance of the Property, the successor lruslcc shall succeed to all the title, power and IIIA-1()• Single 1`a~uily •I'1VD1A/h~III.fl1C IIIVtF(llrt•1 IIVSI'11111111i1V'1' IRl t131B : r, +•nu• uulnq tvwsl.al rw~o ~oU 9MO nw~~w.r~a srv- 1'agc d of 5 -ul•:ur, LN#: 206383 duties coufcrrcd upon Trustcc herein and by :y)plica~++'• 2J. Area and Location of I'ruperly. Eill-er the Properly is out more lluv- laenly acres in are:- or the Properly loc:-terl will-in :m incorporated city or village. 25. li'•idcro lu this Security lusUvlucnl. if oue or more riders arc c)rcculcd by E3orro+vcr and recorded together with this Security Instruuu:ul, the rnve--anls al-d agrecn-culs of each such rider shall be inrnrporatcd into and sl-all amend and suppleu-ent the coveuanls :uxl agrecrncals of this Security Instrument as if the cider(s) +vcrc a part of this Security fustnu--cnt. ICI-eck applicable box(es) ® Adjus4~blc R;IIC ltidcr G] Coudowiuiuu- Itidcr ~ 1-4 ['amity Itidcr (~ Graduated Payu-cnl Rider 0 Plauu«l Uail Dcvdopn-cnt Rider ~ Di+vcckly Payn-cnt Rider ~ U:dlool- Rider ~ Italc II-ry)rovcu-cul Rider 0 Sccoud I lon-c Itidcr V.A. Rider ~ Olhcr(s) (spccify~ UY SIGNING DL'I.OW, Dorruecr accepts and agrees to the tcnus and ~ro+cu:u-ts conlainc-1 in this Security luslnuucul and in auy lidcl~(s) cxccukxl by Uorrowcr and recorded +vitl- il. WiWcsses: ROLD L. KILLGO RAY LE M. ALLE 9~ L9 P S'i'A'['E UN IUAt10 1 Ou this ~/~/'~ day of 7/~'~1i~~' HAROLD L. KZLLGORE and RAYELENE County sc..~-(']~. /~ ~~/ , before u-c, ~ -~ /2/Ut a Notary Public iu a-ul for said couuq• and state, pcrsoually appe.ved M. ALLEN kuowu or proved to me to be the person(s) who executed the fog trafaize/they cxccutedll-csalne. ~.' In +viUtess whereof 1 have hereunto set my hand and affiu ~~y~~»~sy~ ~fxzc~ S_,__~.y. . N 1i11~ulstrullrorlt and ackuowlcdgcd to u-c that G 1- O1Tici.•~sea~~J~c d:N and year in ibis certificate first above written. ~P~ v ; O~ o ~ z % ~p~f~ I L~ ~ ' ( _ M,i](v 1'uUl.e raiJine M~ /~ ... i~~ 11)Atl<)• Single I`auuly •FNI+IA/tlll.(+IC' tINIFO1tA1 INC'1'Itl1~IP.N"C ',r'~rr ST n~~ `~ .. (q +'~II• Glr(In) (91US).tll f~Mm ]UU 9/7Q AavaJnl 5191 I .-g, . u II)I)1:1)N ` CO~ITMENT F•OR TITLE INSURA~E SCHEDULE C 1=ile Number. P133731 fire land referred to in this Commitment is described as follows: A TRACT OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4, WHICH IS THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREE 34'25" EAST 1333.78 FEET ALONG THE WEST BOUNDARY OF SAID SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4, TO THE NORTHWEST CORNER OF SAID SOUTHEAST t /4 OF THE SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 49'24" EAST 640.00 FEET ALONG THE NORTH BOUNDARY OF SAID 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 SAID SOUTH BOUNDARY TO THE REAL POINT OF BEGINNING EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY OF VICTORY ROAD. END OF LEGAL DESCRIPTION /J Ar~~.f±Mpvre ~~e • • LOAN #: 206381533 ADJUSTABLI/ IZATC RIDCR (1 Ycar Treasury ludcz - lialc Calls) 'CMS AU1US'1'ADLE 1LA'I'li IiIUL'll is Iluldc Illis 15TH ~Y of NOVEMBER, 1994 . and is illcorporaled into and shall be dtxmtxl to m11Gld alld wpplerllclll Ills Mortgage, Decd ofTrusl or $ccurily Decd (the "Security Inslntntcnl") of the same date given by the undersigned (the "Uorrowcr") to secure the Dorrowcr's Adjustable Ralc Nolc (tllc "Note") to MERIT MORTGAGE CORP . , A IDAHO CORPORATION (the "Lender") of the s:uue dale and covering the properly described in the Security lustruulclll aad totaled al: 2000, E. VICTORY ROAD MERIDIAN, ID 83642 TILE NOTE CONTAINS PROVISIONS ALLOWING fOR CIlANCES 1N 'I'llE INTEREST 1tATE AND TIIE MON1'IILY PAYMENT. TllE NOTE LIM1'TS T11E AMOUNT'f11E IiU1t1tOWER'S INTEILES'f RATE CAN CHANCE AT ANY ONE TIME ANU T1lE H1AXIMUM RATE TIIE IlURR01VER A1UST 1'AY. ADDITIONAL CUVENANI'S. In addition to the coval.•ulls and agrcenlcnts made in the Security lustrumeut, [iorrowcr and Lcuder further covenaul and agree as follows: A. [NTEREST 11A'1'E ANU 1-10N'1'IILY PAYDIEN'(' CHANCES The Nole provides for au initial iutcrest rate oC 7.00 0 '~°~ 1'hc Nolc provides for changes iu the inlcrest rate and the moolhly payntcnls, as follows: 4. IN'I'E1tES'f RA'Z'E ANU t110N'I'IILY PAYIIIEN'1' CHANCES (A) CII:IIII;C Dales 17w inlcrest raft I will pay may chaugc ou the 1ST ~~)' oC DECEMBER, 1997 .and on that daycvcq' 12TH monllllhcrGdicr.Fachdalcon+vhichulyintacslratccouldchangciscallcda"ChangcUale." (13) The ludez Dcginning with the Grst Change Datc, my iutcrest rate will be based on au Indcx.l'he "Index" is dte n•cckly average yield on United Slales'Crcasury securities adjustctl to a caltslant maturity oC I year, as made available by the Federal Reserve 13oard.'1'he most recent Iudex figwc available as of the date 45 days before each Change Dale is called the "Currcul ludcx." If the Iudex is no longer available, the Nole I loldcr will choose a new Iudex which is based upon coulparable iuConualiat. '1'IIC Note Holder will give me notice of ibis choice. (C) Calculation of Chaakcs Dcfore each Change Dalc, the Nolc I loldcr wit! u~lculatc my new iutcresl rate by adding ~p AND SEVEN-EIGHTHS pcrccuWgc point(s) ( 2 , g~5 "/") to the Currcnl Iudex. 'fhe Nole Holder will then round the result oC Ibis addition to the nearest one-eighth of one percentage point (0.125°/"). Subject to the limits stated iu Scctial4(D) below, ibis rounded awouul will be toy new inlcrest rtlc until the next Change Dalc. The Nolc !loldcr will Qtcn dclcnuinc the amouul of the monthly payutcnl Ihal would be sulTicicul to repay the unpaid principal that [ am expected to owe al the Change Date iu Cull ou the Maturity Dale al my new inlcrest rate in substantially equal llayulcnls. The result of ibis calculation will be the new aulowll of toy monthly payment. (Uj Limits on inlcrest liatc Changes The iutcresl talc 1 :un required to pay al the Grsl Cllaugc Ualc will uol be greater lh:ul 9 . 0 0 0 or Icss Ihatl 5.000 %~'l'hcrca(tcr, toy iutcresl rate will uevcr be increased or decreased on any single 3 1l `fe Nllla'ISI'A'CI: Al1JlISfAnl.li 1lA7T. Rlnlilt • AItM S•I • Siuglc Cwrly - Fauule NadFrrJJle nt°c IhJronu I~utwu+cnl Vnfl'•M21A (S8o7) r°i,h JIUM 7n15 ~tllla'ISCRfI! Al)J11S1'An1.F. ItA'1'F: Itlnb;tt - Altnt 5~2 • se~gk Fmwly • F.~wlr MadlrmlJle M°c Uulrunu Ladva~eul volt-+I:zA(»os}F°„~~a1tl ~nrs 1'at;c 1 uf2 P5290RDU.BAS rsmutuu 312 • ~ • LOAN #: 206381533 . Change Datc by wore than Ty~-p pcrcerltage point(s) ( Z . OOOy) front the talc of interest ! have been ptyiug Cor llu: preceding twelve months. My interest talc will never be grptcr than 13.000$. (E) Effective Ualc of Changcs My ne+v interest tale will become eReclive ou each Change Dale. !will pay Ule amouol of my new monthly payulcnt beginning an the first monlldy payntcut dale after the Chvlgc Dalc until the aulounl of my wontldy I>;rynrcnt changes again. (F) Nulicc of Changcs The Nolc Holder will deliver or mail to me a nolicc o(any changes in my interest talc •rnd Ulc awouut of my uwulhly payurcnt before the effective dale of any change. The Irolice will include infonnalion required by law to be given Inc and also the title and lclcplwuc nuulbcr of a pcrsou who will a-u+vcr any question I may h:rvc regarding the nolicc. U. TRANSFER OF'I'llE PROPEIt'PY OR A BCNEFICIAL 1N1'EREST 1N BORROWER Uniform Covenant 17 of the Security lnslrumcnt is an-endcd to ra-d as follows: Transfer of tlw l'ropcrly ur a Dcncficia11n1crut in Dor-rowcr. lfall orany part of tllc Property or any interest in it is sold or transferred (or iCa bend cial interest in Borro+vcr is sold or lrarufcrred and Borro+ver is not a naWral pcrsou) witlwut Lcndcr's prior writlul consent, Lender way, at its option, require immediate payn+ctil in full of all scans secuicd by this Security 1-utrumenl.l•lo+veyer, this option shall not be exercised by Lender iCexercise is prohibited by federal law as of tl-e dale of this Security Instrument. Lender also shall not exercise ibis option iC (a) Borrower causes to be submitted to Lcndcr infonnalion required by Lender to evaluate the intended transferee as if a new loan +vcre being made to the ualufcrcc; and (b) Lcndcr reuonably determines tlwt Lcndcr's security wit I not be impaired by the loan assumption and that the risk oCa breach oCany covellaal or agreement iu tl-is Security lnslrumcnt is acecplablc to Lcndcr. To the cxlclll pcrn+ittcd by applicable law, Lcndcr may charge a reasonable fee as a condition to Lcndcr's consent to the loan assumption. Lender nlay also require the lrm+sferee to sign an assumption agreement that is acceptable to Lcndcr and that obligala We transferee to kcep all the promises and agreements luade in the Note and in this Security hlslrumenl. Borrower will continue to beobligaled wider the Nole and ibis Security Instrurl+enl unless Lcndcr releases Borrower In writing. ' If Lcndcr exercises the option to require innncdialc payment in full, Lcndcr sl-all give Borrower notice oC accclerltion. The nolicc shall providca period of not less than )0 days frmn lhedale the notice is delivered or n+ailt:d within which Borrower must pay all suuu secured by this Security Instrument. ICBorrower fails to pay Ihcse scans prior to the expiration oClhis period, Lcndcr way invoke any remedies pcnnilled by this Security lnslrumcnt willwul further nolicc or dculaud ou Borrower. • DY SIGNING BELOW, Borrower accepts and agrees to the tcnns and covenants contained iu this Adjustable Ilalc Rider. ~ ~ Q l;Z~.O''Zli~ .~'(~t HAROLD L. KIL ORE _A _ (~~ RAY L E M. ALL'N ~ 't~ 111UL'1'ISCA'1'I; AUJUSMItLF. ItA'r@ KtUlilt - AItPt Sd• Si~~lc 1'muily • Fauule 111oe/FreJdle Dlne lhdfurm tuslnuueul Vp11'-821A (8807) Funu 11 UM lai5 (tlllW'ISMTI:AWUSI'ABLF.ItATF.Il1UEK-A1r1+15.2•Su~glcFanxly. FmudcAtodFrtddlcNncUuQorn~dubvumnl Vktl'•822A (9]US) Funu J1 t 1 3/85 PegC 2 Uf 2 1'5201 RUU Farwest Developers, Inc. Marty Goldsmith 4550 W. State Street Boise, Idaho 83703 Sally D. Martin 2680 E. Victory Road Meridian, Idaho 83642 John Stanley Shipley 2770 S. Locust Grove Road Meridian, Idaho 83642 Clayton & Susan T. Record, III 1760 E. Victory Road Meridian, Idaho 83642 Richard W. & Rhonda K. Coonse 2000 E. Victory Road Meridian, Idaho 83642 Mark & Kimberly M. Carrington 2955 S. Locust Grove Road Meridian, Idaho83642 Frank & Vickie M. Stoppello 782 Arlington Drive Eagle, Idaho 83616 Floyd & E. Yvonne Chandler 1760 E. Victory Road Meridian, Idaho 83642 Marvin & Nancy J. Hansen 2460 E. Victory Road Meridian, Idaho 83642 Marguerite M. Agnew 1560 E. Victory Road Meridian, Idaho 83642 Clifford D. Babbitt 11881 W. Amith Road Boise, Idaho 83709 Harold L. Killgore Richard & Linda E. Schaffer 11217 Barden Tower Road Boise, Idaho 83709 Intermountain Gas Company P. O. Box 7608 Boise, Idaho 83707 Charles L. & Mary M. Creech Mary Lou & 2310 E. Victory Road Charles & Vickie Richardson Meridian, Idaho 83642 1835 E. Victory Road Meridian, Idaho 83642 Morganer E M Rev. Living Trust Torry & Carrie Mcalvain 4526 Bethel 1975 E. Victory Road Boise, Idaho 83706 Meridian, Idaho 83642 acv-~a~Qoao~wnog vi cn ~naN~aaoo,", `A a^'°_-8w~8~~S~~,°DU 'EU3 ~,'~~aam'•,~S•,~n 1C1 I(l 7C m N Dpi T TTY ~mm ~nap~''xn' ~{ go~D~rQir~ir~'ii ~ ~ ¢p~ D p p3T K ppD T~ Q~f < T< ~~~ CN~4)a~vZ~~D2{OjOpz p~py~fp~t >Al~r- ~~w~zm w>Zmm~ 77G22~C ~Q°~fil Al A~~ a ~~~ `EG'O ~~ ~ ;~N~~ ;s ~ N ~ n m m A A (1 C~ O ~ v~ n Q, w a r 5 ~ D b m m CZZ CZZ yy~ m ~ ~ S N N n ~(, N b C G ~ S ~ ~ D ~ i~ ~~ ~ ~~ zZ DT fn (~ w s m m ~, n n G ~~ ~ ~~ ~ N N ppi~pp yyy ~o yp~. fi:^.fn N CNiT NG~ 00~ ~ ~ O~JR O~OC"J,JJ ~ o- m m mmm~mmm$"mu+ m~mm,ng~~ -~ H 11 ~ ti -1 'y -1 1' D D D O 0 0~ 0 0 7 raj t O~~ 7 ~1 7 7~ ti~~ A m m z z'zz DzzDZ zzD ~ zDZ~ 3 ooa aaeooaeaasooaaooeoa~~ ~~W ~w~m~~~~~ ~~~.d~~ ~~~ ~~~~~$~~~~~ ~~~~~~JO~ vvvvy~rovy~vvmvmvo~~vvcr-~r-,~r- A7J~ATAD]1~ADD~~A~LAU~~^1 i~ pm ~~~a$~~~~~~~~~,~~a~~`~x~xti 6 $ S iii222wkkk]]] mTT~TmTmmA1TTTTm~TTI~IDDDN~T fl (l (l f~Af1 (l flfl Arl (1 [l ('~f1A Ail ~f141 23.~~'.^d3~S22i2S?3'~2"d'"d2i232'2{'d"~3 ~r .'og ~ ~~~~~~~~~~~~~~~~~~mZLZ~~~ m' mmmmmm'mmmmmmmmm'mrn~~~~m' N~~~ yA-711y~~AAy~IyIAAA~~D~A~ALbAQ r. ti C~ y ~p _ ~p ~p y ti ~nO+w t1~~TA N~mV ~j~wf(~OnD O~~p~n N~TJm V Qga p4 < $}aaQ~Q4x~(agpxN $}Qa~j(}paaQOQpx[ a}$Qa}NQ.~S.}}qa}~q~(~O}yqa,~~(}5aQN5jT}agRRMq{}ga}ppaffiiy}apN~510 }}ap~~{O ~}Qap~~,'ap4>t, OjapQ~l ~'ag4O/~ r O O O O O O O O O O ~i O O O O O Pag Jane Suggs From: James Jewett (jljenterprises@hollandeagle.com] Sent: Monday, November 03, 2003 4:47 PM To: 'Jane Suggs' Subject: FW: Sherbrook Hollow HOA -----Original Message----- From: James Jewett [mailto:jljenterprises@hollandeagle.com] Sent: Monday, November 03, 2003 4:45 PM To: 'Stacy Wirick' Subject: Sherbrook Hollow HOA Stacy, ` U03 ~l 4 V - s er CITY OF ~~t1LL~y In regards to our conversation pertaining to tonight's Board Meeting being held at 5:00 p.m. I would appreciate it if you would add this item to your agenda. The proposed annexation of Soda Springs Subdivision to Sherbrook Hollow HOA. As you are aware, we are developing Soda Springs Subdivision along the SE corner of Sherbrook Hollow and are proposing to join their HOA under the following conditions: 1) Developer agrees to remove the chain link fence along the perimeter of Sherbrook Hollow/Soda Springs and replace it with a 6 ft. privacy fence adjacent to all existing homes. 2) At the easterly side of Sherbrook Hollow there is a common area along the canal. At the far southerly portion of this common area there is a pathway. It is in this area that we are proposing to build a common lot park within Soda Springs. This park will contain playground equipment, picnic tables and benches for the enjoyment for all the residents of Sherbrook Hollow and Soda Springs. We would agree as part of the joining of the Sherbrook HOA that we would the the drain ditch located with in Sherbrook's common lot to incorporate that common area with that of Soda Springs to make a larger and more enjoyable play area for all. 3) Adopt SBH ACC guidelines with the exception to the minimum square footages which will be what was proposed at P&Z. 4) Will endeavor to design the landscape buffer along Victory Rd. including fencing to match that of SBH. 5) It's my understanding that Nampa/Meridian Irrigation District would allow us to hook into SBH pressurized irrigation pumping station, if needed improvements are made. We would agree to make these improvements. It is not essential that we join SBH HOA, it's my opinion that the neighborhood would be best served by having one mutual HOA that would allow existing member to control architectural guidelines over the new homes in Soda Springs. This would also help average costs in common area maintenance over an additional 57 homes in Soda Springs. I hope this meets with Sherbrook Hollows HOA Association approval. Please feel free to call me with any questions @ 794-0070. Attached is the revised plat for Soda Springs for the November P&Z hearing. Sincerely, Jim Jewett 11 /6/2003 ~' Aug.. 26, 1997 <; .- iuiayors Office T~ieridian City 33 E• Idaho Ave.. Meridian, ID.. 83642 ~~.~~ Z 8 ~~~7 Y U.~ ~~~~ In regards to water problems at Sherbrooke Ho==ow Subdivision: These problems were misrepresented at thQ planning arid zoning meeting. The problem of high water needs to be addressed, so that there will not ~. be a need, in the ~utu_~e, ~c;r• any litigation. When I irrigate my property, the water leeches out onto the property, Where houses are to be built. responsiblilty for this action. I hereby state, that I bear no Since the city of Meridian, is a check and balance system, to assure that the subdivision is done properly, they must hold the engineering firm and the developer responsible. I cannot govern what the developer will do. ( He has had several different engineering firms on this project.) I personally showed the developer this problem eighteen months ago. The developer did not relay this information to the latest engineering firm. The city of Meridian, the engineering firm. and-the developer will be held responsible for any water damages to other peoples property in this subdivision. I will not be responsible, because, I have addressed this problem in advance. Sincerely our ~~o~n'~S~ hi ey John S. Shipley 2770 S. Locust Grv. Rd. Meridian, ID. 83642 Copies sent to: The City of Meridian. Briggs Engineering Inc. Westpark Co. Inc., Victoria Scanlan Meridian City Council October 7, 1997 Page 2 Crookston: Yes, Mr. Mayor and Council I would like to introduce a new assistant City Attorney, her name is Wendy Dvorak, why don't you come forward Wendy. She was hired I think on Tuesday last week and she started work yesterday and she has been doing very well. I just wanted to introduce you to her, (inaudible).Thankynu very much. Corrie: Real quick if I might, Becky Peterson would you come up please? Becky Peterson has been a great service to our community and she doesn't know she is getting this I don't think. This is a plaque Becky Peterson it says presented in appreciation for your contribution of service to the City of Meridian as a member of the Air Quality Board and the Meridian Transportation Task Force from October 1993 through November 1996. Your volunteer time and effort as a public servant and representative for the Citizens of the City of Meridian and this community is greatly appreciated. Presented by the Meridian City Council on October 7, 1997. Okay, Council we have been requested to table to October 21St items 1, 2, 3, 4 and 5 the ordinances and we will have those on the 21St of October if you have no objections to that. Morrow. So moved Bentley: Second Corrie: Motion made and second to table to October 21St items 1 through 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: I will open the public hearing at this time and ask the representatives of the subdivision to step forward to start. Becky Bowcutt, 1111 S. Orchard, Boise, was swum by the City Attorney. Bowcutt: The last Council meeting we briefly discussed some of the issues that were left unresolved that we need to clear up. We appreciate this opportunity to come tonight and clear up these issues so we can move forward and get off the agenda and then I don't have to come here every other Tuesday. One of the questions that was asked was about the variance as submitted, it is up tonight, it is the second item after this one. So therefore I think I will refrain from addressing that unless the Council would like to lump these all into one. I don't know if the Mayor indicated he wanted to do that or not. Do you want me to go ahead and address that? We have submitted the variance arplication and we are asking for a variance, piping of ditches on the project. Just to refresh your memory we have the Ridenbaugh Canal along the eastern boundary, we have the Eight Mile Lateral that wraps around the southwest portion of the project. Both Meridian City Council October 7, 1997 Page 3 of those facilities far exceed a 48 inch pipe, it has been the policy of the City that when you have an irrigation structure of that size that it is not feasible nor economical to pipe such structure. The other item as far as ditches is concerned is the Nine Mile Drain. It comes into the property along the southeast corner diagonally runs through the property in this fashion, exits to the north and goes up and heads on north through the Stoppello property. In previous applications to be more specific Los Alamitos subdivision that Bureau of Reclamation require that Nine Mile Drain be left open. They did not want that facility piped because it serves a drainage function like a natural drainage way. We suspect that may be the case here in my conversations with the district Nampa Meridian Irrigation District John Anderson indicated that he is open to relocating that adjacent and parallel with the Ridenbaugh because it does run parallel and then kind of veers off. He said he could not make a determination until he had reviewed a specific engineered plan and at that time he could make a decision. I believe that it is in the best interest of the community and the project to leave it open because it does carry that drainage water away. And those drains as you well know carry ground water also and not just surface water. So we feel it is in the best interest to try and leave that open if possible. Obviously that would be fenced and there is a natural kind of riparian area down in here where there are some cattails. I am sure there are ducks and geese in this vicinity and we have stayed away from that particular area and left it, we plan on leaving it in its natural state. We feel it is in the best interest if Nampa Meridian v~ill consent to it in the event that they do not consent to it and we end up piping it then obviously no harm has been done by granting the variance and including that. We don't want to be caught in a catch 22 where the City says you shall pipe that facility, that drain and Bureau of Reclamation says we will not allow you to pipe that drain. We will allow you to locate it but it must stay open. That is what I am trying to avoid. The second part of our variance includes block length. We have three blocks, block 2, which runs along this Eight Mile Lateral, that particular block is 1620 linear feet. Obviously with the lateral we can't get a stub street through there it was not desired nor would a micropath be wise across that area. We just have this corner parcel here which is not large. When we laid this out, this is really a tough little piece of property because of this unusual kind of zig zag shape and with these irrigation ditches that adjoin it. The block 7 is our other one, block 7 is 80 feet, 1080 feet and it is this block right here. The location of this stub street was chosen by Ada County Highway District, they wanted 110 feet off of the east boundary of this unrelated parcel right here. Therefore that stub street then breaks up the block (inaudible) so we are kind of stuck there when we wrap around that particular parcel. Block 8 is our longest block, it is 2620 feet. This block is located along this portion of the property. The way that staff calculates block length they would wrap all the way around like this. Now in order to break up that block we have provided micropath connections which would lead out to the future pedestrian bridge across the Ridenbaugh and your ordinance promotes those micropaths and states that micropaths should be used where long blocks exist. So we believe that providing these micropaths we have made an attempt to break that block up provide some interconnection and limit that length the best way that we can. Without these variances I don't think this property could be economically developed. It is just too unusual in its shape and configuration. It has these (inaudible) it just won't work. We have tried multiple things to minimize the block Meridian City Council October 7, 1997 Page 4 lengths. Some things worked other things do not work. It doesn't make any logical sense just to go in and put stub streets that go nowhere that the highway district does not want or micro connections such as across the Eight Mile that don't go anywhere. All we are asking for there is for somebody to end up a child or something getting into the ditch. We feel that it is not a privilege treatment of this property these types of variances have been granted on other projects with similar site restraints and hindrances and we feel it is logical because we have done everything we can to try to comply with all the requirements of the ordinance to the best of our ability. Do you have any question about the variance? I will move onto the second subject, the second item on the list dealt with documentation of the easement. As I stated last time we have been in negotiation with Mr. Stoppello trying to work out the language in the easement that is acceptable to him. We used the City's format to draft that easement. There are certain items, statements that I think Mr. Crookston came up with that is integral part of those easements. However Mr. Stoppello doesn't like the language, his comment to me in our last meeting just a matter of a couple weeks ago was to the effect that anybody that would sign an easement like this would have to be crazy because it gives the City so many rights to do whatever they want. I indicated to him the reasons behind some of those items within that easement such as access to the manholes, the gravel road over the .sewer line so the City could have future maintenance. His comment to me was he would not allow us to put a gravel road because he wants to continue to farm his alfalfa field. I told him I would go back to the City and talk to them, see if there was any possibility of or alternatives to putting the gravel road. His contention is with the gravel road it creates a barrier therefore I believe the west portion of his property could not be irrigated. As I have mentioned before he has asked for a considerable sum of money in exchange for that easement in excess of $30,000. He has asked for things like fencing along the Nine Mile Drain, being able to pick the type of fencing that is along our perimeter. Hooking up to pressurized irrigation within our development or Los Alamitos the adjoining development. We are still pursuing that because we know the City's preference is to run that sewer trunk line along that Nine Mile Drain. However we did, he, Councilman Morrow's comments that you may want to consider looking at something else, you might not be able to bank on that easement being signed by that gentleman. So we did, we looked at it, we went out (inaudible) Locust Grove and we evaluated it. If we picked up the sewer at Time Zone and Locust Grove up at Los Alamitos and extended that trunk line down Locust Grove into our site and brought it down through the site and down to Victory Road our depth at Victory Road would be 15 feet. If we get the sewer out of Los Alamitos and bring it through the Stoppello property parallel with the Nine Mile Drain by the time we get the sewer down to Victory Road we are at 12 feet. So therefore by going this direction we are getting a deeper sewer. We would like the City Council to consider this alternative in the event that we cannot get Mr. Stoppello to sign this easement. One of the problems that has cropped up in the City for the past couple of years is when you dictate a specific path with no set alternatives that gives those people that have properties along that future line it gives them all the power, you have no room for negotiation. They can ask whatever dollar value whatever conditions they see fit. They can basically hold you hostage. So we would like the City to consider this is a viable alternative. I did talk with Gary Smith Meridian City Council October 7, 1997 Page 5 about this, we checked and verified these inverts and calculations twice to make sure there was no room for error. In my conversations with Gary if it isn't possible to negotiate this easement with Mr. Stoppello he would be open minded if the Council were to agree to allow us that alternative down Locust Grove. The other issue water is right here in Locust Grove, it is being extended across the Eight Mile lateral right here, it will come down to the southern boundary of Salmon Rapids. We will be required to take that water to and through which would mean take it to our southerly boundary here and then bring those lines into the project down to Victory and then along our Victory road frontage. I received a comment from Bruce Stuart I think just a couple of days ago indicating that we wrould have to take the water all the way to the intersection and come this direction plus obviously bringing water into the project and down this direction. Which is not consistent with the to and through policy. The water extension around this corner parcel when this property or if this property were to develop they would pick up take it to and through their property and them make that connection here. Also, when this property the Stoppello property eventually develops which at this point in time Mr. Stoppello has indicated he doesn't wish to develop however he wants the door left open to develop the property. We have provided him with two different lot layouts that would accommodate that. Then a connection to the water at Los Alamitos would be made through him then looping into us. So I would just like that on the record that we don't fee that this is appropriate to run the water along someone else's frontage. The last item and probably the most controversial item deal with the ground water. This evening I brought Paul Bastian from Kleinfelder, they are the firm that was retained to do our monitoring evaluation and do a second report on this project. I would like him to discuss his findings. He is the expert in this field and I think he can probably enlighten the Council and explain to them what is going on out here at this site. We feel that we have some alternatives here as far as dealing with some of these problems, they are an issue. They must be resolved. We have never tried to skirt the issue, we met with Mr. Shipley on Friday, Mr. Johnson, Mr. Groves, myself, Kathy (inaudible) the project engineer. We spent a considerable amount of time going over the history, the issues, his concerns, and what he wrould like to see done and what we can do to assure him that this will be designed in a fashion that will protect future property owners and will have no adverse affect on his property as far as his liability. So I will go ahead right now and turn the podium over to Mr. Bastian. Also this evening from our company Dean Briggs is here, one of our civil engineers and he may be able to answer some questions that Mr. Bastian cannot address. Justin Paul Bastian, 554 N. Steelhead Way, was swum by the City Attorney. Bastian: Mr. Mayor and Council thank you for the opportunity to be here. To understand the ground water that Becky mentioned we first probably ought to look at the soil conditions out there at the site. Our evaluation is based on a series of test pits and stand pipes which were installed to monitor ground water. The subsurface soil conditions that we encountered on this sito consisted of approximately 1 to 1 '/ feet of silty clay underlying by about 2 to 2 '/z feet of a cemented and variably cemented silt and sandy silt soil. Underlying that soil is dense sandy gravel. Those conditions are by Meridian City Council October 7, 1997 Page 6 no means unique to the site they are pretty common throughout the Meridian area. What we do have that is specific to this site is along this edge of the property along the northern edge of the property we have a series of supply ditches which provide imgation water to this site which has been used for hay irrigation. What is happening based on our observation is water from the irrigation supply system is percolating into the ground these (inaudible) and when it comes in contact with the cemented soil it is migrating along the top of the cemented soil and that is what we are picking up in some of the stand pipes that we have installed is perched water. Now the, as distance from the supply ditch increases to the south then the water that we are picking up in the pipe is not observed. So the farther from the ditch the less water you get. That is consistent with water migrating along the surface of the cemented soil. What we have observed when we excavated our test pits is that in fact as it is excavated you can actually see the water along this zone between the gravel and the silt contact migrating into an open test pit. I think that in the original report that was done by Jason Kelly he indicated that ground water was at a depth of approximately 40 feet in the area. 1 don't have a full record of all of the IDWR ground water data with me, but I would not be surprised with that, that seems consistent with what we have experienced in the past in the Meridian area or in this area. This, the water that we are encountering can be dealt with and it has been dealt with on several other subdivisions in the area. The key is to have good information so that we can make good decisions while we are planning this type of development. The conditions that we have encountered here have been party to both failures and successes. The successes are determined by the ability to obtain good information and make good decisions. The ground water monitoring data which we have here I believe that we have enough that each of you can take a look at what we have obtained indicate some of the depths at which we have encountered water. We believe that we have obtained and are obtaining the type of information that will allow us to make good decisions for the community and for the City in regard to planning and development of this project. Are there any questions? Rountree: Do you have a small map that would indicate the location of these wells? Bastian: The map that 1 have with me is here tonight I can provide that. Let me get my notes here so that we can all be on the same page. The test pits that you see designated one prime through 5 prime are one, two, three, four and five the red dots located there. The test pits indicated five, six, seven, eight and nine without the prime designation. Five, six and seven are located flue, six and seven, I believe I might be slightly off. Eight is located here and nine is located here. So we have a fairly good coverage across the site. The areas where we are encountering the water are typically along this area where we have the irrigation supply and then you can see that in some of the monitoring data that we picked up very shallow depths with an IRR following it. That water is due to irrigation which is currently in progress. What happens is water will actually travel down the furrow come in contact with our stand pipe, migrate down the sides of the standpipe and then rise to the level of the irrigation water less head loss in the pipe. So those numbers don't accurately reflect perched water but our a result of the irrigation that is in process. Meridian City Council October 7, 1997 Page 7 Corrie: Any further questions from Council? Bastian: Just one additional comment, we do have a series of solutions for dealing with the ground water that we have encountered. First since we believe we know the location and flow path and pattern of the water it is possible to create a cut off trench along this side of the property to intercept water before it comes onto the property. It will be a perforated pipe, basically a cut off or collection drain along the northern boundary of the subdivision and the pipe would discharge into the Nine Mile Drain. In addition it is possible to install a drain system or drain rock around each home. Come: Any further questions on that? Do you have anything else Becky at this point? Bowcutt: Just in closing a couple of quick comments. We feel that this is a good and viable project, Mr. Bastian and I discussed it in length out in the field when we were digging those test holes and installing those monitoring tubes. He agreed with me that this is not a hurdle that can't be handled and it is not that unusual for the Meridian area. We have gone through two experts just to make sure that we are getting good data. We have done nine test holes in this project as far as ground has been concerned I think has really been scrutinized. Your staff is aware of the conditions, we have some ideas on how to handle these issues and we think they are viable ideas that will work. The developer agrees if those are necessary I will be willing to do that. It is my engineer's recommendation that it is required, I will install some type of system in order to take that drainage along that north boundary if it does seep across from Mr. Shipley's property. We have the Nine Mile Drain that water eventually works it way to that drain. All we would be doing is facilitating asub-surface type channel to take that water to the drain in a speedy fashion so it doesn't have this perching or sub-surface puddling effect. We feel that we can work these problems out and come up with good solutions and have a viable project with lots where people don't have problems. Also the other thing that we have to consider is the fact that all of those ditches are open now. Some of those ditches will no longer be there because this property will no longer be under agricultural production. It was under agricultural production all through the year. It obviously affects our monitoring. When we pipe Mr. Shipley's service ditch from the box at the Eight Mile Lateral we think that is going to make a substantial difference especially over in the northwest corner where we have had the worst readings. Mr. Shipley agrees that there is probably some leakage coming from there and from that box. We will work closely with the City staff and Mr. Shipley to make this project work. We feel that we need the opportunity to move forward. We have been stuck in hearings for quite a long time. We have been doing what we can to answer the questions. If we could just move forward and get into the hard design and hard engineering here 1 think that we will have a good project. Morrow. Becky, with respect to the ground has any thought been given to shall subsurface wells that tie into the pressurized irrigation system or shallow wells that tie into a water amenity? Meridian City Council October 7, 1997 Page 8 Bowcutt: We discussed that, yes we have discussed it. We have discussed secondary sourcing for our pressurized irrigation. We have also discussed some type of a water amenity that was one of the thoughts. What is the cost here? Maybe some of the lots that adjoin Mr. Shipley maybe the cost of bringing those on line as buildable lots far exceeds what the revenue gain will be. I think we can only answer those questions when we get into this hard design and our engineers working in conjunction with Paul Bastian come up with viable solutions. Right now we are going into our high ground water season. So we will have our worst case, we are seeing our worst case (inaudible) from now until about the 15"' of November from what I have been told. We have had wells out there since I believe late November of 1996. Corrie: Anyone else from the public that would like to issue testimony at this time? John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney. Shipley: City Council I had a long meeting with these people, I feet they are trying to work the problems out. It is your guys job you are the check and balance system to make sure that whatever the engineers decide is done correctly. I have lived out there 25 years and t have watched this problem every year, it is nothing new, I have known about it for years. That ditch that is in contention here is a ditch that was put in and Nampa Meridian Irrigation knows about the ditch but the farmer was supposed to maintain that ditch. It hasn't really been maintained for 7 or 8 years now. The only maintenance it has gotten for those 7 or 8 years is what I have been able to bum it in the spring and trap gophers out of it and things. The grass is all grown up in there and it acts kind of like a big dam in there and then you get your seepage water because of a lot of different situations. When that ditch is clean well the water just trucks right on down and dumps into the Nine Mile Drain there and doesn't perk out where there are going to be houses. The meeting that we had at Briggs Engineering was I think last Friday. They were talking about digging a trench in there and putting perforated pipe or some kind of a fabric and river rock or something to siphon the water off in. Bear in mind the water goes any direction so last January when vue had a really bad spring and we had a lot of rain the drain ditches in that area couldn't handle it all. They were still froze up from the winter and water wasn't going down and was rushing across there. That ditch was flowing pretty heavy and it comes across my back property into the Nine Mile right at that back corner. For a period of about 8 or ten hours there was a pretty good leak there in the back because there are three drain ditches coming all to the same spot there. And actually had the Nine Mile clear full of water it just couldn't handle it all, everything was melting, it was raining. So it just isn't water from irrigation that might be the problem, four times I have seen that happen so it is a flash flooding type situation. But if they would dig a trench along there it would sure relieve the irrigation problem (inaudible) anything coming from the sky ain't my fault anyway. I wouldn't want to see the property condemned for that because people need a place to live and that is close to town. That is the way it is going and it ain't really all that good of farm land anyway. It is just rock, it isn't like they are destroying really good farm land, it doesn't really Meridian City Council October 7, 1997 Page 9 produce that good. I think if you guys will be the check and balance system and make sure the engineer's whatever their design is okay then there probably won't be any problem. It is going to cost them a lot of money and I didn't intend on making it that way but it is for the betterment of everybody. I have these Idaho laws on water and I have been reading them and once I become the owner of water and it goes into any form of a ditch and ends up back into the ditch system then it is my delivery of the water back to where it came from. That ditch shouldn't be done away with because it is a lower ditch it is where the water goes. It becomes. my ditch also according to these laws which I have here if you want to read them. Corrie: Any questions for John? You feel a little more comfortable than you did. Anyone else from the public that would like to issue testimony at this time? Rountree: I have a question for Becky, your closing comments indicated that the cost of developing these adjoining lots was prohibitive, what is the outcome if that is the case? Bowcutt: I think we were just, what we were talking about are these that adjoin Mr. Shipley. We were just basically just brainstorming what is the cost. There has got to be filling in through here because of Locust Grove the elevation of Locust Grove is that (inaudible) and this area would have to be filled (inaudible) across through here. One o the things that we kicked around was maybe that would end up being common area. If need be, if it is determined from an economic stand point that is the best then pocket park would be my solution. But that decision is not mine to make. We don't know that is the case that is just something that we were kicking around, worst case scenario type of situation. Come: Do you have any further comments? Council discussion? Morrow. Mr. Mayor, I have a question for Gary, with respect to the sewer issue in terms of the preliminary plat. The depth of 15 feet or 12 feet and I guess my question this would be from a long term standpoint it would appear to me that 15 feet where the southeast border would be a more preferable depth, do you have a strong feeling one way or another about that? Smith: Mr. Mayor and Councilmen 1 think in my opinion the deeper we can keep the sewer the better off we always area. When I talked to Becky and Cathy from Briggs my concern in extending the sewer in Locust Grove and Victory would be that we don't bypass somebody for service. In this case because Stoppello's property is bounded by the drain on the west and Ridenbaugh Canal on the east I believe and it is really the only property that would be served by sewer brought through their property through Stoppello's property that it can be served right now out of Los Alamitos Subdivision. So if we are that much deeper at Victory then I don't see a problem with serving adjacent property at nll. Mr. Mayor, could I (End of Tape) I would just like tc~ make a comment on this ground water situation. I think that what we are seeing in this subdivision is very similar to what we have seen in Meridian Manor Subdivision for example where we had Meridian City Council October 7, 1997 Page 10 to deal with a surface water rather than a ground water. As Mr. Shipley mentioned the surtace water that we had to deal with in Meridian Manor was a winter spring water not a summer water. That was because of a clay layer of soil that was located 2 to 3 feet below the ground surtace and did not allow the surface water to drain into the gravels. It subsequently popped up in crawl spaces of homes. The fix for that was to break through the clay surtace or the clay layer of soil and get the water into the gravels. Once that happened the problem went away. There may be some similarities here between these two subdivisions. Rountree: I have a question for Gary also concerning the issue of to and through with the water main. Smith: Typically as Becky mentioned we require that the water and or sewer main lines be extended across the frontages of the properties and through the properties so that it can be continued on. Bruce Stuart's concerns are that we have a system that is tied together and I think that was the reason for his comments so that we had continuity on our main lines in Locust Grove and Victory Road. I can't because I wasn't aware of his comments until just tonight and I haven't had a chance to talk to him. So I don't know that not having the lines installed in those two roadways outside the boundaries of the subdivision would cause us problems or not. I think it is a situation where the size of the lines and the continuity always gives us a better system. A more reliable (inaudible) for example. Cowie: Any further discussion? At this point I will close the public hearing on item 6 for the preliminary plat for Sherbrooke Hollow Subdivision. Morrow: Mr. Mayor for a point of discussion, from my perspective I am in favor of the sewer not crossing the Stoppello property. I don't think it makes any sense for either the City or the property owner to be held hostage by an individual that stands to do nothing but benefit from that service. So in this case it appears to me that it is in the City's benefit to have the additional depth to give us the greater flexibility long term so I would be in favor of the avenue or the routing through down Locust Grove Road over to Victory Road. With respect to the to and through of the water line although I am sensitive to it and understand the issue of having the loop still according to the map has a dead end which would be equally as difficult to service based on the to and through concept (inaudible) Again it is a situation where adjoining property owner in the short term has some unjust (inaudible) but although a latecomers agreement might be available it seems to me to be an undue burdensome on the part of the City to require something that is not proven to be either cost effective or necessary for the maintenance of our system. So I don't see the benefit to doing a loop around the additional property that is not owned by the applicant. In terms of the surtace water that is truly an issue. I think it is up to the engineering firm and the owner to suggest solutions. It seems to be based on discussions here tonight ~hre have several potential solutio~~s all of which have merit, all of which have worked in other areas of Meridian before. So I don't think it is a (inaudible) I think also with those solutions Mr. Shipley can • • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7,1997 APPLICANT: WESTPARK COMPANY ITEM NUMBER: 6 REQUEST: PUBLIC HEARING CONTINUED: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBD. 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 Dom' ~J~ ,~~ . ~~ . ~;~ L ~~ G ~ ~ ti~ ~,+N ~i ~,~"`" ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • r?~[;EIV~(~ OCT 0 6 1997 .I'T~ ~ - aERIb1A~~ 'ha~syuz 8r ~l~~cid,~aa ~lnnigat~o~ Dcdauct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ~~%~68~IDCX 208-463-0183 30 September 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk xxcxxsx~c~eax SHOP: Nam a 466-0663 City of Meridian x~~cxx~cx 33 East Idaho Meridian, ID 83642 RE: Variance for Sherbrooke Hollow Subdivision - Westpark Company Inc. Dear Commissioners: The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses along the east boundary of the project. The right-of-way of the Ridenbaugh Canal is 100 feet; SO feet from the center each way. The District's Eight Mile Lateral courses along the south boundary of this project. The right-of-way of the Eight Mile Lateral is 80 feet; 40 feet from the center each way. Also coursing through the east boundary is the District's Nine Mile Drain. The right-of--way of the Nine Mile Drain is 60 feet; 30 feet from the center each way. The Nampa & Meridian Irrigation District approves of the variance on the Ridenbaugh Canal and the Eight Mile Lateral, but the variance on the Nine Mide Drain should not be granted. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed _for review prior to _final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ~ City of Meridian 30 September 1997 Page 2 of 2 The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerel , ~ ~~~ Bill enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File - O„~ice Water Superintendent 1 October 1997 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208~988°~261 4(03 009 Z Phones: Area Code 208 OFFICE: Nampa 466-7861 Becky Bowcutt Boise 343-1884 Briggs Engineering, IriC. SHOP: Nampa 466-0663 1111 South Orchard, Suite 600 Boise 345-2431 Boise, ID 83705 RE: Land Use Change Application for Sherbrooke Hollow Subdivision Dear Becky: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, ~ • ~~. Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Westpark Company, Inc. Richard/Linda Schaffer Harold Killgore & Rayelene Allen Clayton or Susan Record /City of Meridian enc. ~ ~ roue. & ~~i~ ~Ivugat~aoc Z~ca~zict D~~,~, u O APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian City Council • • September 16, 1997 Page 2 Corrie: Council, hopefully we will be able to get those done by the next meeting October 7, we still have a few things~to tweak. Are there any questions about that at this point. If not I will entertain a motion for table. Morrow. Mr. Mayor, I would move that we table Ordinance No. 760 and 761 until our October 7~' meeting. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table item #1 and item #2 until the October 7~' meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 2, 1997: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: At this time I would like to have Shari give us, you gave us some information and also the City Attorney to give us some information on this preliminary plat. This was a public hearing and I think we got some more information and I guess the question was raised Counselor whether that needs to be in a public hearing to present that preliminary plat. Shari do you want to bring that to the Council's attention and see where we are here and let them make that decision. Stiles: Mr. Mayor and Council there was some question about the ground water problems out there. The applicant has submitted new information. I think what Bruce Freckleton wanted to happen was that we hold another public hearing next month so that this information is officially entered into that record. That was the advice of the City Attorney that we would hold another public hearing on October 7 which would also be a public hearing on the variance for the plat at that time. Crookston: That is correct, the information I obtained from Bruce Freckleton was that there were soils testing and water testing that basically indicated that what Mr. Shipley was indicating to the City was in fact true and that the water levels were in fact higher. Mr. Freckelton indicated to me that in some cases the water was higher than the ground level was.. We asked for the additional testing to be done and that is what came back as doing. We thought it was correct to have those tests and proposals entered in written record to have any comments made those parties interested that being the applicant or Mr. Shipley or anybody else. After they had that information then they .can submit additional testimony to the City Council. If necessary that may require additions to changes of the existing findings of fact and conclusions of law: Morrow. I guess my question would be did we in fact close the pt ~blic hearing or was it continued? Meridian City Council . September 16, 1997 Page 4 something that would say that you can't open the hearing. This was a deferred item, it was deferred in the public. The parties that are interested are here, myself, my client, Mr. Shipley. In the Idaho Code it says you shall conduct the governing board shall conduct at least one public hearing using the same notice and hearing procedures as the commission. I looked in your ordinance and it repeats the same verbiage. Then I turned to I think section 9-604E 6 it says the Council shall approve with conditions, deny or table the preliminary plan, development plan. If the preliminary plan is tabled it may be reconsidered by the Council within 45 days of the public hearing. Then the administrator shalt notify the applicant of the Council's action. Today is the 42"~ day. So if you can reconsider the action on an application but you can't make a vote to open the hearing to submit three pieces of information that were requested. I guess I find that unusual. I respect the Council's wishes, if they feel that this is inappropriate. I just feel that this has gone on quite a long time. We have provided the City with two reports on this ground water, one was submitted with the application. I am told by the City staff one individual in particular that they cannot find it yet it was submitted because it was required. We submitted that one again we submitted a second one by another independent firm. I feel that we kind of have been run through the ringer. We have jumped through a lot of hoops and we are trying to lay this out so we can show this is viable. I would like that opportunity. Thank you Corrie: Thank you Becky. Counselor, is it still your opinion on the public hearing? Crookston: I believe that from what Bruce Freckleton indicated to me that the changes in the soil testing and the water analysis are facts that were not presented at the previous public hearing. The people need to have an opportunity to see those and hear those and have any type of response that they desire to present as Mr. Morrow pointed out we closed the public hearing and t think that is the big problem. I don't know how the other cities or the counties do that. As Ms. Bowcutt indicated that they hold public hearings open for one or two items if it is held open for that period and everything else is closed then you can have those one or two items resubmitted because the public hearing was not closed as to those two or three specific items. But I don't think it is appropriate to allow additional testimony into the record that those parties in opposition have not even had an opportunity to hear or see. So I think that it is appropriate to hold another public hearing for submission of that evidence. And any testimony relating thereto. Corrie: The City Clerk has told me that we can get it in the paper tomorrow that the 7cn of October can be a date. Council discussion? Rountree: Could we not open the record tonight, take the testimony, leave the hearing open, notice it, close the hearing at the end of next meeting, take action along with opening and taking testimony on a variance and take action on that. At least what Ms. Bowcutt is saying that by no action the information exchange is one of their willingness to exchange it with Mr. Shipley as opposed to providing it with the rest of the public who might be interested tonight. Making that information available through the fact that the Meridian City Council • September 16, 1997 Page 5 hearing has been reopened for the 15 or 20 days that it is noticed then the hearing closes next week or in two weeks or three weeks. Crookston: I think that is a possibility. but I do not think that it is a .good idea. Because you are going to have that additional hearing let's say on October 7th anyway, I think you are much better off because of the notice provisions that we have to meet I think we are much better off to have all of the testimony submitted at that time. We don't know who wants to testify about this. We believe that Mr. Shipley might testify. We probably know that Ms. Bowcutt might testify but we don't know anybody else that might desire to testify. We may not have any others testify. But there is the possibility that there are other people that desire to testify. Rountree: And they could at our next meeting. We could get their testimony this evening at least on the record. Crookston: I don't like that procedure because nobody has any ability other than these two people that are here tonight and someone might want the ability and they are allowed to testify later that is true. But even these people don't have I am not aware of have the testimony or the evidence about the water and the soils testing. Bentley: 1 appreciate Councilman Rountree and what he is trying to do and speeding this up. But the one problem l see with it is maybe somebody comes in and testifies at the next meeting and would like to make comment on what was said tonight. I think it works better if we got it all done at the same time so that it could raise their questions out of what Mr. Bowcutt or Mr. Shipley might have to say.. I would like to see us catch up the time we are losing but I don't know how we can do it. Morrow. Mr. Mayor, I guess from my perspective the request here originally was for technical data, it was back up it was support data. In the public hearing forum data was asked for based on that testimony. It appears to me unless we have some mechanism for bringing this to closure any time the Council or the staff asks anybody for back up technical data that we are going to suffer through the can-ent mess that we are currently in. So it would appear to me that I am in agreement with both of my colleagueshere. Councilman Rountree's position with the fact of opening up the record and allowing the data to be submitted. Mr. Bentley's position with respect to having it obviously heard on the 7th for public hearing input needs to be done this time. I don't know that in the future when we are asking as a City for technical data that it needs to be part of another public hearing or a continued public hearing. If we are gong to adopt that methods then obviously we are never going to bring anything to closure with respect to getting something done.. It seems to me that the essence of the public hearing process is to determine whether the concept is general is acceptable or not to the public. And that technical details that are required in terms of making something work are not in fact criteria to decide whether it is acceptable or not acceptable. So I would favor at this juncture allowing the submission of the information su that at least our staff during the next two weeks or three weeks can be working on the data that has been submitted and Meridian City Council September 16, 1997 Page 6 not yet delay this until the middle of October for the approval process because the staff doesn't get to see the material until the morning of the 8~' of October. Corrie: Let me ask you a question if 1 might Becky, is the information tonight is it based upon what we have here this afternoon or is there more? Just this or more? Bowcutt: (Inaudible) Corrie: Any further discussion? I will entertain a motion any way you want to go here folks. Morrow. Mr. Mayor, my motion would be to open up the hearing to allow testimony by the developer, the developer's representative and Mr. Shipley. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr..Tolsma to open at this time to receive information by Briggs Engineering and anyone else that would like to discuss this at this time. with the understanding that we will have the public meeting on the 7"' as well. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: Thank you, as I was saying I appreciate the opportunity so in the event the City Council has some questions then that provides us with some opportunity to have additional answers on the 7"' so we appreciate that. Three things were asked of us, number 1 we did submit a report from Jason Kelly. He is a geotechnical expert it was submitted in the original preliminary plat application. However a staff member of public works department. says he could not find it. This was done in November of 96, since that time we have monitored those test holes. Mr. Kelly did it for a period an then Kleinfelder who is another geotechnical hydrological company went through and monitored those test holes. We had some unusual reads on some of the test holes. There is a total of nine that are situated around the site. There is one right here (inaudible) we had some unusual test results in the irrigation months of June and July and some of the test holes that were out in this area. When I discussed this with Mr. Bastian of Kleinfelder he said he believed that some of the correlation between these was due to irrigation. We decided after getting feedback from City staff to go out and go dig some more test holes. So we went out on last week and (inaudible) in place with the monitoring (inaudible) this appears to be the problematic area according to Mr. Shipley (inaudible) This particular test hole right here we went down ten feet no ground water was encountered here. There were good sands, course gravel were encountered We dug this one right here by the Nine Mile Drain to kind of gage what is the interference we were having (inaudible). This particular test hole we encountered water about five Meridian City Council • • September 16, 1997 Page 7 feet. It just comes out when you are down ten feet you can kind of see it seeping out the edge. So what is happening according to Mr. Bastian is we are seeing some migration here from that (Inaudible). This particular test hole here is Mr. Shipley's property, it was pretty much consistent with this one. It was a little bit shallower where we found some ground water, i# started seeping out the side 4 feet and 6 inches. There are ditches one is (Inaudible) there are two drainage ditches that run parallel on our side. Those ditches are full of water, Mr. Bastian and I walked those ditches, looked at them. I said what is your opinion here sir, and he said my opinion is the fact that the water in these ditches, isn't moving, it is just standing there. These ditches need cleaned severely. Now if that ditch was say piped or done away with if that is possible then would we have the same problem that we are encountering here down the road. He said no I believe that interference what is causing it is it is running across a layer and it only comes out about around that 50 to 100 foot mark and then it is gone. So we are giving you a little bit of interference right through here. We dug this test hole here which is probably 168 feet from Mr. Shipley's property no ground water. So and this one here as I mentioned before was fine. So I think what we are encountering based on our observations out there and Mr. Bastian's we're getting. some leakage right here in this area when it comes out of the box, those boxes they tend to leak it is a given fact. It comes down here and then we are getting some interference right in this vicinity. If you had a band right through here. My question to Mr. Bastian is this a severe problem. His answer was no. I said now can things be done, what remedies would you recommend. He said one you can pipe the ditches. Obviously the problem goes away. Or if you can abandon the ditches if they are not necessary. Secondly he said you can go in and put a cut off trench is what they call it when they put in some drain rock and some (Inaudible) geotechnical fabric along there and that intercepts the ground water. That ground water if it does comes this direction from these irrigation ditches then it can pick it up, move it over right to the Eight Mile Drain put it at a gentle slope it would be subsurface about 7 feet. Underground, low maintenance, very little maintenance if designed appropriately. The other thing is we can put a perforated pipe to take that water down go here or you can install drain rock around foundations. But we just basically see a problematic area right here. The other issue that was listed in the memo was concerning the sewer. The question I believe it was addressed on Mr. Stoppello's easement. I have met with Mr. Stoppello again, this is about the 3`~ time. We are trying to hammer out some type of an easement agreement that he can be satisfied with. He gave me a new list of things he wanted changed as far as the language was concerned and how the City typically writes those agreemen#s. The question was asked by Mr. Morrow in the public hearing originally if you cannot get this easement from Mr. Stoppello or it becomes impossible do you have an alternative or have you looked at what that alternative is and is it viable? To answer Mr. Morrow's question we did go out, we shot inverts, we shot topo and if the sewer was extended from Locust Grove at East Time Zone which is Los Alamitos extended south down Locust Grove through our project to Victory Road the depth of the sewer would be 15 feet at Victory Road. If we go through Mr. Stoppello's the depth of the sewer is 12. So by going down Locust Grove if that was the only alternative available because of tack of cooperation from Mr. Stoppello the sewer would be 3 feet deeper. So, as far as would that hurt the Meridian City Council • • • September 16, 1997 Page 8 City's capacity as far as future service to the south. No, going down Locust Grove according to our design it would enhance the sewer's capability to the south. We did double check our figures, I had them do it twice to verify that no mistakes were made. The third issue was the variance. The variance has been submitted as just to refresh your memory we requested a variance for tiling of Ridenbaugh Canal, Eight Mile Lateral and the Nine Mile Drain on the east side. We did have three blocks that exceeded the maximum block length. Do you have any questions? Cowie: Having realized this wasn't advertised as a public hearing, however is there is anybody that would like to enter testimony at this time you certainly may. You also have the opportunity on the 7t" of October to do the same. Is there anyone at this time that wants to issue any testimony? John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney. Shipley: First of all I want to state that swearing and affirming of the whole truth and nothing but the truth is pretty good thing to do. But when Planning and Zoning accepted this proposal that was told them that the water was 44 feet deep. I questioned that, I said it is a lie and I got blew off by the people in Planning and Zoning. They just absolutely didn't hear me. I have lived out there for 25 years. There is an old basemen# in that house. October 15th the water comes in the canal and 8 to 9 days you can see water in the basement and it reaches a depth by this time of the year up to my shoulders. Every year I lived there for 25 years didn't make any difference when they concreted the canal, it did it at exactly the same time. There isn't any of us that know where water goes underground because we haven't got Superman's eyes. But water does go underground, that is why we drill wells to get it. I have a picture it is not a very good picture but it is the north pasture up by the house. When Mr. Babbitt here gates his hayfield which is irrigated out of plastic pipe I get these puddles in my pasture where my drain field, it has happened for 25 years.. I know what goes on out there, I asked Briggs Engineering and I also asked Greg Johnson the subdivider to give me a letter that would give them responsibility for anything that would happen. in a water situation and leave me out of it because I don't want a bunch of people with new houses getting water under their house and then coming back and telling me I can't irrigate anymore on my property. I am only trying to protect myself I am not trying to be a horse's ass. All I am trying to do is protect myself because I know what happens. Mr. Babbitt is here tonight he owned that property before I was there. At least 35 years ago it has been doing this. About 8 or 9 or ten years ago they concreted that canal and it didn't make any difference. All along the Eight Mile Lateral there is going to be a high water table if they put them drain pipes next to the Eight Mile Lateral they will find that out. Because I used to run water all the way down there down to the far comer and then all the way down my far property line to the Nine Mile Drain. There is water standing out there that ditch is on the Chandler and now the Schaffer property and now Greg Johnson has bought it is a ditch that I maintain. I have maintained it ever since 1 have been there. When Floyd Chandler I (inaudiale) since then I have had to berm and shovel the gopher holes out of it. I have trapped over 23 gophers in just that section back here in just this Meridian City Council ~ • • September 16, 1997 Page 9 year alone. There are a whole bunch of problems out there. The letter that I got from Mr. Johnson said that he would expect maintenance on my half of the side. I have been maintaining both sides. Because that ditch is .the only protection I have for high water getting out into the crops and it is coming from my property and it.is perking under the ground from all the other properties to the north. Just as sure as you could put some radioactive pellets you could find it where it was coming from: I don't see why when somebody gets up front of Planning and Zoning that they can tell something that is actually in the record, I read it I have a copy of those records. And tell them that it is 44 feet and they don't hear me. Now we wouldn't be having all of these defugalities if someone had just listened. I am not some dumb old sucker that comes up here raising hell. I don't suspect that I have had anything by my intelligence questioned. When I asked Briggs Engineering for a letter I got some kind of mealy mouth letter. All it said was that they knew that there was a problem. They didn't take responsibility for fixing it and I have talked to Mr. Johnson in the irrigation district out there that he has a set of laws that when he gets back from vacation I am going to go over and read them. But he notified me that if there is a ditch there and it is serving a purpose for a drain ditch that they will maintain that -ditch or they will make the ditch work or do something but you can't change the path of water. That is what the law says. That is picture and it is not a very good picture but that is all the water in my north pasture that is coming up from underground. I know what goes on there, there is a problem. I want to see if fixed so there are a bunch of young people that buy those houses and they are my neighbors and not my enemies. That is all I have to say. Corrie: Thank you Mr. Shipley, any questions? Anyone else that would like to issue testimony at this time? With the vote of the Council we need to continue this public hearing. Tolsma: So moved Morrow: Second Corrie: Motion made and seconded we continue this public hearing to October 7th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED SEPTEMBER 2, 1997: FINAL PLAT FOR CROSSROADS SUBDIVISION NO.6 BY RAMON AND MARILYN YORGASON: Corrie: Is there a representative here tonight? Would you like to come forward and give us a brief run down and then we will v~rork on your final plat. Kinkela: Chad Kinkela, Hubble Engineering, This is phase 6 of Crossroads Subdivision which is south of Fairview and East of Eagle Road. It is 35 residential lots. It thus far MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16,1997 APPLICANT: ITEM NUMBER: 3 REQUEST: SHERBROOKE HOLLOW SUBDMSION PRELIMINARY PLAT 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 p~J ~~M ~~r c~'~ rv~'~ 1~'' ~~~ ~ y OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SEP-16-1 SepWnber 1 Mr.l3ruce F City of Merl 33 E. ldaho ':: Meridian, Id 1Ze:. Sheri Dear Bruce: 15 11 ~ ~-l ~ 1 • PN- ~ 1997 kleton ~ Public Works eot ~ 83642 TO ' BRIGC • 887129? P.02 ~1F,~E~VED SEP 1 6 1997 Hollows Subdivisioxs t~f~lAN CITY ENGIt~ER This letter is iii regards to the perched groundwater that was witnessed by Kleinfelder and noted in their lettrar dated September 15, 1997 to Pnrlc Pointe Realty, Inc. ' ~ If the perchoc appears to be optiAns: 1. i~ 2. 3. These are onl Kleinfelder, l irrigation pip other water b ~: i ~~ ~: i° 1 i~ Hater is still:a problem after eliminates the stagnate irrigation water that the perched groundwater, thtn the following is a list of some viable Create a 7' deep cut-off trench at the back of the lots along the northern boundary of the subdivision. This would consist of drainrock end non-wovan geotech fabric. This would intercept tha groundwater that is travelling along the top of the cemented soil and create a "seepage bed" for the water to percolate into the ground. Install a perforatod pipe wrapped in filter fabric in a trench along the northern boundary of the subdivision. The pipe would discharge into t3ic Nine-IVfile•Drain. install drain;coclc around each home foundation_ a few of the possible options. It is the professional opinion of Pau! Bastian of ~c. that the perched groundwater on the project site could be controlled by ~g or collecting the irrigation and drainage water in impervious ditches, pipe, or asport systems. Sincerely, $RICiG5 EN 1NEERING, INC. ~~~ Ka, `y Stros p. E. KS:fc 961 l021citymerth3 11 # 1 S, Orchdrd, Suite 600 • 9aise, Idaho 83705 • (208) 3445700 FaX# (208) 346-2960 TOTAL P.02 SEP-16-1997 09 19 F~ TO • 8871297 P.01 .~ ~ ~ ~ ~ ~~ ~! i ~ ' I ~~~~~~~ ~~~~~ i Td ' ~ G'~N COMPANY ~~ ~ ~/ FAX N 0. ~~'~? -- ~Z 17 DATE ' ~' ~~ ' i I N0. OF PAGES S~NT (in~l~ding Tt'ansmitlal) RE~RENCE ~ ~ ~ '~' ~: FROM ~- - ~ - - BRIGGS ENGII\IEERING, II\IC. 1111 S. ORCHARD. SURE 600 * BOISE. !D. 83705 FAX NO.(208)345-7Si60 1'E!E N0.(208)344-9700 BEI PRO~CT N0. ~. REMARIts .~ ,. , REPLY REQUESTED COPY 1111 $. ORCHARD, SUITE 800 ~ BaSE, IDAHO $37J5 f (20$) 344-900 FAX NO (208) 343-2950 SEP-16-199? 09 19 F~ TO • 8871297 P.02 KLEtLNFELDER ~~~~~Y ~~ September 15~ 1997 ?File: 30-609902 Park Pointe ty, Ina. 623 .North Disi~overy Way, Suite 100 Boise, Idaho X3706 ,A.ttention: IVts. Tamara Rogers, Development Constru~erio~a Coordinator Re: Sherbrpok Hollow Subdivision G>;outtdvvater Evaluation lvleridi~n, Idaho Door Tamara• RECEIVED S EP ;1 6 1997 crnr R ,A,t yow regaest a representative from our office has been to the subject site to observe the excavation of five test pits ~exeavated to depths of up to ten feet in areas where high gmtndwater has been repa>ted. . .The test pits ~ivere exeavaied on September 11. 1997 using afire-mounted backhce. Subsurface soil conditions encountered iti the test pits consisted of three to three and a half feet of silty clay topsoil which transitioned in an approximately 12-inch zone to dense fine to coatso sandy gravel. ~ Gon'tac:l with Ehc talc lu wttrsc ~~ty gcxvCl v:uirxi .frc~AU ctot,ti~s of approxIinatc to three and a half to four aid a half. feet below the existing ground surface. A zone of weak discontinuous ' . , cesnerttation vVas observed in the upper one to two foot of tho dense, 5ne to coarse sandy gravel ._ and perched groundwater was encountered. in test pits 2 and 3 at depths of four feet. .As mentioned previously, groundwater was encountered in test pits 2 and 3, which are adjaaent to existing irrigation ditches or drainages. Water was not encountered in test pits 1, ?1 and 5. ' Based on our' observaxions, it appears that the water in test pits 2 and 3 is coming from the .~ existing irrigation or drainage ditches and is percolating into the soil and traveling along the top of the cemented fine to coarse sandy gravel. Observed water was only in areas adjacent to the ~:~oso99on3ob~i..o9s.a~ huge 1 oft Septennber is, 1997: Copyright 1997 Kleinfelaer, inc. 14LfINFELnF.R 554 Noah StCClheurl wny, Suite 184, Boise, Idaho 83704 ('LOS) 376-9700 (208) .~76-97U3 fax SEP-16-199? 09:20 F~ TO ~ ElE3?129? P.03 •< i, i~ • ditches axed did not appear to extend across th,L site. This is consistent with similar experience we have had in the area. The volume of water flowing into the test pits was approximatel~- two to thz+ee gallons per minute. However, observed water in the test pits appear to be water which had ' been stored iti the void spaces of •the soil and we would anticipate that long term flow ~'i+om tht • irrigation or drainage ditches through the soil would possibly be less. Based on our observation, it is our opizlibn that the perched groundwater on the project sift may be encountcrtd within 50 to 100 feet of:the ditches and could be controlled by controlling irrigation water. This could be accomplished ~ by •either piping or collecting inigation and drainage water in impervious' ditches, pipe or other Vvatcr tra>nlsport systems. I We appreciate the opportunity of workfng with you on this project. If you have questions or :: comments regarding our observations or opinions prese>'~ted~ in this letter please contact our office. ' Respectfully: submitted, • IKLEINIFEL]C~ER, INC. J. Paul asttau, • Project Engineer } ' Joseph .l. Squi~+c Aroa Manager, idak~o . s. ~. , r • A:13060990213067LA93.doc Page 2 of 2 September 1 S, 1497 Copyright 1997 LCltinfelder, Inc. . K L E I N F E L D E R>$4 IVonh 5teelhead Way, Sufbe 184, Boise, !p 83704 (208) 376-9700 {2081376-9703 fa,c • SEP-16-199? 0920 F~ TO ~ 8871297 P.04 DESCRIPTION TEST PIT 1 0 I CL :. SANDY SILTY CLAY -brown, medium stiff, damp. Z 3 4 Transitionin,~ s Vveakly cemented GP FINE TO COARSE SANDY GRAVEL -Light ~ 6 brown, dense, damp. ~T ~ a 9 „ Test pit terminated at 9 feet on September 11, 1997 Il ;- ~z 13 i4 AESCRiI'TION TEST P17' 2 o ; I - SANDY SILTY CLAY- Brawn, medium stiff moist. a CL a °...... Trans ~.oning --~---- -•--•--- --- - --~---- Perched Ground Water on September 11,1997 s FINE TO COARSE SANDY GRAVEL - Light brawn, ~ e GP ;. medium dense, damp to wet. .a 9 ' ~o Test pit terminated at 9.S feet on September 11,1997 • 3L I2 ,• I3 I4 LOG OF TEST PITS 1 &2 pL~~ ctr~sr. A n~~ sy~mmtials, 1997 SEP-16-1997 09 21 F~ TO • 8871297 P.05 DESCRIPTION TESTPCf 3 0 1 CL SANDY SILTY CLAY - brown, mediwn stiff damp. z 3 ...__ __..... _ ..... .- --•- ----- - 4 Trar~sltlon Ferched Ground Water on September 1 i, 1997 eakiy r~mente s Gp FINE TO COARSE SANDY GRAVEL -Light ~ 6 '~ brown, dense, damp to wet. ~~ E y . _ ...._.. - --•-_... _.. _ .._ ..............._.._..-._..___...--- io _ ;. Test pit terminated at 9 feet on Septenabec 11, 199'7 . ~t 12 . t3 14 0 1 a CL 3 4 5 ~ 6 GP .s a 9 1~ ~ ... 13 1~ LOG OF TEST PITS 3824 PLATE DESCRIPTION TEST P1T 4 SANDY SILTY CLAY- Brown, medium stiff moist. 1+INE TO COARSE SANDY GRAVEL - Light brown, medium dense, damp. Test pit germinated at 9.5 feet on September 11, 1997 SEP-16-1997 09 21 F~ 0 1 CL z- 3 4 s ~ GP s .a ~~ 9 !0 ~, iz (3 l4 TO • @871297 P.~ ~~ DESCRIPTTON 'C`E5T PtY' S SANDY SII.TY CLAY - brown, medium stiff damp. _ _. Transitionuin _ ~Wealci~y cemeated FINE TO COARSE SANDY GrRAVEL -Light brown, dense, damp. Test pit terminated at 10 feet on September 11, 1997 LC~G OF TES T pIT 5 pL~ATE P'R~ARSDaY: ,ra D~A78 9eplanba,s,199', _^ ~d c~~rs®a~r~ as nn~ s ~s, i~ i TOTAL P.~ SEP-10-1997 1344 F~ TO • MERIDIAN CITY P.01 1 E R~ ~~'~~~ . scptember 10,' 1997 INIT. Gaiy smi Meridian city Engineer City. of Merl ' 33 E. Idaho Street Me>.lidian, Idaho 83642 Re:. Sherbrooke Hollows Subdivision 1~ear Gary: i . ; :Whig letter is ' reference to the sewer system for Sherbrooke Hollows Subdivision. Based on recent ficid ' otm~on, i Dave determined that the 12" sewer at the intersection of S. Bayou Bar Avenue and ictory Road would be approxitnatcly 15' deep if the sewer were extended dews Locust Grove toad from the intersection of Locust Groove Road and E. Time Zoire Drive: The.12" sew at the intersection of S. Bayou Bar Avenue and Victory Road would be approximatCl l 3' deep if the sewer were extended from the existing manhole in Los Alamitos Subdivision ugh the Stopello property. Please call Sincerely, BRICrC~S I ..~ . •. KS:fc i ~~ is you 6avc any quCStions or need additions! information. INC. S~ ' ein, P. E. I 961102\citymar ~ItfL R "C~{~~ SEP 1 0 1997 ~'i°Y E'NQINFfR '{ 111 S. Orchard, Suite 600 • Boise, Idaho 83705 ~ (208} 344-9700 Fax (208} 345-2950 TOTAL P.01 ~P-16-1 15 11 *: ~ ~{:1 \ i I Seltember 1 ' Mr. Bruce P City of Mead 33 E. Idaho •'. ° Meridian, Id 1997 kleton ~n Public Works eet ~ 83642 Re:. Shed Dear Bruce: This letter is ' ~ in their letter ' ' If the perchoc appears to be options: 1. ~~ 2. 3. ! These are of . ~ Kleinfelder, irrigation pig other waters TO • BRiGG Hollows Subdivision 8871297 P.02 ~F~E~VED SEP 1 6 1997 (MAN CITY ENGtliEER regards to the perched groundwater that was witnessed by Kleinfelder and noted ~ted September 15,1997 to Psrk Pointe Realty, Ina tiater is still:a problem after eliminating rho stagnate irrigation water that the perched groundwater, than the fdltowing is a list of some viable Create a 7' daep cut-off trench at tht back of the Iots along the northern boundary of tht subdivision. This would consist of drainrock and non-woven geotech fabric. This would intercept the groundwater that is travelling along the top of the cemented soil and create a "seepage bed" for the water to percolate into the ~~• Install a perfaratod pipe wrapped is filter fabric in a trench along tht northarn boundary of the subdivision. The pipe would discharge i~o the Nine•Mile•Drain. Install drainroc3c around each home foundation- a few of the possible options. It is the professional opinion of Paul Bastian of ~c. that the perched groundwater on the project site could be controlled by ~g or collecting the irrigation and drainage water in impervious ditches, Pipe, or ~nsport systems. ,: ; ~: Sincerely, BRIGGS EN INEERING, INC. ~~~ Ka `y Stros ~ P. E. ;~ ; I{3:fc ~~ ~. 9611021c itym er tt<'3 11 t 1 S. Orchdrd, Suite 600 • Boise, Idaho 83705 • (208) 3449700 Fti<xi~ (208) 345-2960 TOTAL P.02 SEP-16-1997 09 19 FR~ TO • ..Bt~1GGS ~: I 8871297 P.01 I COM~'ANY ~ ~ ~ Fax No. I~~7-~2 ~7 DATE ' °~ ~~ • i N0. OF PAGES S~NT _ ~P (Incl#~ding Transmittal) REF"~RENCE ~ ~ _ c- r~ed~ ~: I FROM ~ BRIGGS. ENGINEERING, INC. 9111 S. ORCHARD, SUI1E B00 * BdSE, ID. 83705 FAX NO.(208)345-2950 1'ELE N0.(20$)34~i-9700 BEI PRO~CT N0. ~~ . REMARKS ~ ,~-Gt ~'c/ ~~•'~ae~rG ,~E/o~,~`r ~. , REPLY REQUESTED . - (~Y 111 f S. ORCHARD, SUITS 800 BOISE, IDAHO 83705 F (208) 344-9700 f AX NO (208) 343-2950 SEP-16-1997 09 19 F ~ TO ~ 8871297 P.02 ~~KLEI~IEELDER • M MmlOy!! OM71ld COA7QMy i September 15~ 1997 :File: 30-609902 ' ' ' Park Pointe Rity, Ina 623 North Di vCry Way, Swite 100 :: Boise, Idaho >~3706 • ~ Attention: IVIS. Tamara Rogers, Development Constru~ctior! Coordinator RECE/VED ite: 3herbtpok Hollow Subdivision Groundwater Evaluation S E ~ ' ~ 6 1997 Meridian, Idaho ~~1DlAN R Dear Tamara: f At your request a representative from our office has bten to the subject site to observe the excavation of five test pits excavated to depths of up to ten flat in areas where high groundwater has been reported. • .The test pits ~irere excavated on September 11. 1997 using afire-mounted baakhoe. Subs~uface soil conditions encountered in the test pits consisted of three to three and a half feet of silty clay ' topsoil which transitioned in an approximately 12-inch zone to dense fine to coarse sandy gravel. ~ GarYtac:l with fhc Tine W cuarsc qty ~ruvcl variai .fm~u cloptt~s of appruxlinatc to I~][CC and a half to four aad a half feet below the existing ground surface. A zone of weak disaoatinuous • cementation vgas observed in the upper one to two feet of tho dense, Sne to coarse sandy gravel and perched groundwater was encountered. in test pits 2 and 3 at depths of four feet. ' ' As mentioned' previously, groundwater was encountered ~ in test pits 2 and 3, which are adjacent to exisdng irrigation ditches or drainages. Water was not ericouatered in test pits 1, ?1 and 5. ' Based on our' observations, it appears that the water tun test pits 2 and 3 is coming i`rom the .; existing irrigation yr drainage ditches and is percolating into the soil and traveling along the top of the cemented fine to coarse sandy .gravel. Observed water was only in areas adjacent to the A:1306094021 iob7L043.doc Page 1 of t Sspteattrer 15, 1997. . Copyri~t 1997 Kleinfelder, inc. IGLfINFELnF.R 554 North StCClhe,~r1 WAy, Suite 164, Boise, Idaho fl3704 (LOO) 376-9700 (20fl) ~7(.-97U3 fax SEP-16-1997 09 20 F~ TO • 887129? P.83 ~' • ditches and did not appear to extend across the site. 'This is consistent with similar experleace we . have had in rile area. The volume of water flowing into the test pits was ttpproacimatel~+ two to ` throe gallons per minute. However, observed waxer in the test pits appear to be water which had been stored iri the void spaces of the soil and we would elaticipate that long term flow ~'ivm the , irrigation or d~airlage ditches through the soil would possibly be less. Based on our observation, . ; it is our opizlit~n that the perched groundwater on the proiect site may be encountered vltithin 50 to 100 feet of~the ditches and could be controlled by controL~ irrigation water This could be accomplished s by either piping or collecting irrigation and drainage water in impervious ~ ditches, Pipe or other water transport systems. ~ . i We appreciate the opportunity of working with you on this pmjcct. If you have questions or :: carnments regarding our observations or opinions presef~ted~ in this letter please corrte~ct our office. Respectfully: submitted, KLEINFEI.)C~ER, INC. J. Paul astean, Project F.ngin~er • ' Joseph .l. Squire ' Aron Manager, IdalZO A:130609902\3ob7LA93.doc Page 2 of 2 September 1 S, 1997 Copyright 1997 ECltinfelder, Inc. K L E 1 N F E L D E R>54 North Steelhead Way, Suite 184, Boise, Ip 83704 (208) 376-9700 (208) 376-9703 fa,c SEP-16-199'l 6920 ~ Tp • 88?1297 P.04 DESCRIPTION o ~~ TEST PR J :. I CL : ~ SANDY SII.TY CLAY - brown, medium stiff, damp. a '• 3 . 4 Transition' g s .. wea~- cennented ~ 6 GP ~ TO~COeARSE SANDY {3RAVEL -Light .n ~ ~ ~P• T 1 Io ~ Test pit terminated at 9 feet on September 11, 1997 • Il ;- •. i ~: 13 14 e DESCRTP7IDN ~~• p~ 2 I SANDY SILTY CLAY- Brawn, medltim stifli moist. . Z CL 3 -~... lra~.4111o~g .-_.__._~._~ - ~ ~~_.. • ` Perched G7ound Water on September 11,1997 s • Gp ~ FINE TO COARSE SANDY (3~RAVEL - Light brown, ~ 6 ~ medium dense, damp to wet. 9 f0 _ - - Test pit terminated at 9.S feet on September 11,1997 • II .. ~ f3 • I4 LOG OF TEST PITS 1 &2 PLATE IR~AR?D BY: s~ OA7@ ~„~,r 1z, I99'>' t~sr. n lb+~ sy~~r Is,1907 SEP-16-1997 09=21 ...n..r DESCRIPTION 0 • ~ CL z 3 4 . s • ~ GP 6 .a ~~ • y _ • io • n ii t3 • 14 TO ~ 88'71297 P.05 ~~ TfiST Prf 3 SANDY SILTY CLAY - brown, medium stir damp, Transition' perched Ground Water on S e y ~~ eptember 11, 1997 FINE TO COARSE SANDY GRAVEL -Light brawn, dense, damp to wet. ;. Test pit terminated at 9 feet on September 11, 1997 DE9CRiPTION ~_ TEST PIT 4 0 ` a CL 3 4 S ~ 6 GP .s ~~ e 9 w a, ~ ... 13 1~ SANDY S1LTY CLAY- Brown, medium stiff moist. ..g.. ... .. ....._....~_- ----- ~1~{f-i~. mall: JS •• _. DiA7E: Seyh®6Q L!, l49'f >~'1N~ TO COARSE SANDY GRAVEL - Light brown, medium dense, damp. Test pit terminated at 9.5 feet on September 11, 1997 ~~_._____.___.. ~~v.=.~~.:~. LOG OF TEST PITS 38L4 ~~-W_=y~~: PLATE SEP-16-199? 09=21 TO • @871297 P.66 0 1 CL z- 3 ... s ~ GP 8 .a a 9 10 ~~ u 13 14 •~.r DESCRIPTION SANDY SII,TY CLAY - brown, medium stiff damp. _. Transitiolu~__ . . _ . ._..._ . ~Wea~y cem . FINE TO COARSE SANDY GRAVEL -Light bmwn, danse, damp, . Test pit terminated at !0 feet on September 11, 1997 TEST PTT S LOG OF TEST PIT 5 pL~ATE >~~>~: ,>~ n~~ sls, lam, ~~d .... . . . .......------__ . ~,~ 9~s u, t9D7 -- ~ TOTAL P.06 SEP-10-1997 13: 4q F~ TO ~ MERIDIf~I CITY P.01 I . i ~ E I ~~ ~ ,~~~ . ; September IO,~ 1997 IVIr. G'~Y Smi • Moridian City City of Merl 33 E. Idaho Strieet Merwdian, Idaho 83642 Re:. Sherbrooke Hollows Subdivision Dear Gary: This letter is ' reference to the sewer system for Sherbrookee Hollows Subdivision. Based on recent field ' oan,a#ion, i have determiaod that the 12" sewer at the intersection of S. Rayon Bar ' Avenue and 'story Road would ba approximately 1 S' deep if the sewer were extended down I.ocuat Grove oad from the intersection of Locust Crrove Road and E. Time Zone Drive; 'T'he.12" aew at the intersection of S. Bayou Bar Avenue and Victory Road would be aPproximatel l 3' deep if the sewer were extended from the existing manhole in Los Alamitos Subdivision ugh the Stopeilo property. Please call m~ is you Gave any questions or need additional information. . sincerely, I BRIGGS EN~dNEERING, INC. • . SEP 1 0 1997 y S ein, P. E. ~ • t~TY ENG~EER KS:fc .. ~ ~ .• i ;~ ~ . 9611021citymar!ltr2 s ~~ '{ 111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208} 3449700 Fax+~ (208} 345-2950 TOTF~ P.01 1 ~' o~ s Vu l~ ~C, v U ' ~ id O ; ~~ O +..~ N ~j 3,~~ '~ c~z~ ~~ Q a 0 :~ x .E N 0 $~a° ~~°~ ~ ° a U O H z~ P~4~U a ~ x a H Q a w O z r~ LJ O ~ M 3 3 ~ ~ vl --~ p M Vl 00 ~+ ~ ~ ~ ~ Q~ M M 'f'{ i ~ i ~ ~ p ~ ~ ~ C ; ! 01 ~ M M ~O 1/1 O ~ ~O ~ 00 (V O ~ ~ ~ O ~ ~ 00 N ~ ~' C O ~~~~o 0 0 ~ ooo~ ~ ~ ~ ~; ~ iV ~ '~ C ~ 0 O 0 (V O ~ ~ A ~ ~ ~ ~~ w ~ ` ~ S i ~ N N O i i --. ~ ~ 00 ~ o ,=~o'vio~ooooo0 3 ~;~~00~o~;,p~~ ~` o~ o~ o~ o~ o, o~ a` °` o~ o~ ,~ ° 3 • ~ f p~ ~ J .~ ~ +~, 3" 3 -~ .. p ~ o' O '~"~ ~ z ' R ~~E ul H O z 3 .~ O O ~~ ~~ .~ ~~ ~~ ~~ p ~~ Q ~ '~ o ~3 a u a 3 ,o ,~ -~ Q~ '~ ~ '~ ~~ ~ ~ ~~ ~~ ' '~ I~ Iz Meridian City Council September 2, 1997 Page 25 ITEM #4: TABLED AUGUST 19, 1997: BOARDS AND COMMITTEES: • ORDINANCE #760 -COMMISSIONS, ITEM #5: TABLED AUGUST 19, 1.997: ORDINANCE #761 -TRAFFIC SAFETY COMMISSION: Corrie: Mr. Crookston, I believe is still investigating our discussions at our planning meeting is that correct Mr. Crookston? Crookston: That is correct. Corrie: Hearing that I v~rould, I guess we need to have a motion for that to continue to the 16th meeting. Morrow Mr. Mayor, I wrould move to table items #4 and 5 to our September 16th meeting. Rountree: Second Corrie: Motion made and seconded that we table items #4 and 5 to the September 16"' meeting,. any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED AUGUST 19, 1997: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: There was also a request that we table this to the 16th of September. Bentley: So moved Tolsma: Second Corrie: Motion made and seconded that this be tabled to September 16th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED AUGUST 19, 1997: FINAL PLAT FOR CROSSROADS NO. 6 BY RAMON AND MARILYN YORGASON: Corrie: That was also requested to be tabled to September 16tH Bentley: So moved • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: WESTPARK CO. ITEM NUMBER:~_~ REQUEST: TABLED AUGUST 19.1897: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBD. 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 bN ~ti 1 ~~ ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C~:~~~~y~~, SEP - 2 1597 ~#EB311?~~ (/ ~' ~-- ~~ .. - ,, A•.. 26, 199? .. ~~ .• .• Mayors Office Meridian City 33 E• Idaho Ave.. Meridian, ID.. 83642 A!!9 2 8 ~7 ~~ ~~~ In regards to water problems at Sherbrooke Hoitow Subdivisions These problems were misrepresented at the planning ar~d zoning meeting. The problem of high water needs to be addressed, so that there will not~.be a need, in the future, fot any litigation. When I irrigate my property, the water leeches out onto the property, Where houses are to be built. I hereby state, that I bear no responsiblilty for this action. Since the city of Meridian, is a check and balance system, to assure that the subdivision is done properly, they must hold the engineering firm and the developer responsible. I cannot govern what the developer will do. ( He has had several different engineering firms on this pro3ect.) I personally showed the developer this problem eighteen months ago. The developer did not relay this information to the latest engineering firm. The city of Meridian, the engineering firm, and the developer will be held responsible for any water damages to .other peoples propertiy in this subdivision. I will not be responsible, because, I have addressed this problem in advance. Sincerely our ~~~'~S. hi ey John S. Shipley 2770 S. Locust Grv. Rd. Meridian, ID. 8362 Copies sent to: The City of Meridian, Briggs Engineering Inc. Westpark Co. Inc., Victoria Scanlan • • Aug.. 26, 199? ~~iayors Office ,A~~r Z $ 1997 T~Ieridian C ity ~Y ~~ ~~~~ 33 E• Idaho Ave.. Meridian, ID.. 83642 In regards to water problems at Sherbrooke Hoi=ow Subdivision These problems were misrepresented at the planning ar~d zoning meeting. The problem of high water needs to be addressed, so that there will not `.be a need, in the future, for any litigatio:.. When I irrigate my property, the water leeches out onto the property, Where houses are to be built. responsiblilty for this action. I hereby state, that I bear no Since the city of Meridian, is a check and balance system, to assure that the subdivision is done properly, they must hold the engineering firm and the developer responsible. I cannot govern what the developer will do. ( He has had several different engineering firms on this project.) I personally showed the developer this problem eighteen months ago. The developer did not relay this information to the latest engineering firm. The city of Meridian, the engineering firm, and the developer will be held responsible for any water damages to other peoples propertiy in this subdivision. I will not be responsible, because, I have addressed this problem in advance. Sincerely our ,~ ~-~ ~~o~n S. Shi ey John S. Shipley 2770 S. Locust Grv. Rd. Meridian, ID. 83642 Copies sent tos The City of Meridian, Briggs Engineering Inc. Westpark Co. Inc., Victoria Scanlan j • ~ • Meridian City Council August 19, 1997 Page 17 Ordinance #768 of Sherbrooke Hollow Subdivision read in its entirety? Hearing none I will entertain a motion for its acceptance or rejection. Morrow. Mr. Mayor, I would move that we approve Ordinance #768 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to accept Ordinance #768 with the suspension of rules, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Rountree -Yea, Tolsma -Yea, Bentley -Absent MOTION CARRIED: All Yea ITEM #10: PRELIMINARY PLAT -FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY; TABLED AUGUST 5, 1997: Corrie: As I mentioned it was requested to be tabled by the Sherbrooke Hollow Subdivision planners. Council, I will entertain a motion. Morrow. Mr. Mayor, I would move that we table item #10 the preliminary plat for Sherbrooke Hollow Subdivision by Westpark Company as reques#ed by Briggs Engineering. Tolsma: Second Corrie: Motion made and seconded that we table item #10 until the September 2"d meeting, any further discussion? Morrow. Mr. Mayor the motion may have erred in terms of who asked for the table, could we have Shari comment please? Stiles: Mr. Mayor and Council the staff was the one that requested per the memo that you got tonight requested that it be tabled to clear up some of the items. They haven't applied for a variance yet on some things that they were requested to apply for a variance on. They are also missing some soil profiles and some information on the ground water. I believe that in order for that plat to be approved we would need to see a revised copy of it that incorporates some of the staff and agency comments particularly the relocation of a road onto Locust Grove. Morrow. My motion was incorrect and I wish to withdraw it. Tolsma: Withdraw the second. Meridian City Council ~ • August 19, 1997 Page 18 Cowie: Thank you Mr. Morrow for ca#ching that. Morrow. At this juncture then I would like to request a table for the planner Briggs Engineering to provide the data as requested by staff so that we .can have a hearing covering those items for the preliminary plat for Sherbrooke Hollow subdivision by Westpark Company. Tolsma: Second Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma on the motion, was there a date certain there Mr. Morrow? Morrow. September 2"d please. Cowie: Alright, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: ORDINANCE #769 -HAVEN COVE SUBDIVISION NO. 7 ANNEXATION: Cowie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE S '/ OF THE NW %4 .SECTION 11, T.3N. R. 1W, BOISE MERIDIAN, IDAHO AND PROVIDING AN EFFECTIVE DATE. Is there anyone here from the audience that would like to have Ordinance #769 for the Haven .Cove No. 7 Meridian Land Development read in its entirety? Hearing none I will entertain a motion from the Council. Morrow. Mr. Mayor, I would move that we adopt Ordinance #769 with the suspension of rules. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree, roll call vote. ROLL CALL VOTE: Morrow -Yea, Rountree -Yea, Tolsma -Yea, Bentley -Absent MOTION CARRIED: All Yea Cowie: Council with your approval I would like to switch 13 to 12 and 12 to 13. I think we need the findings of fact and conclusions of law for variance before the preliminary plat is that correct Counselor? Crookston: That would be .preferable. C~ MERIDIAN CITY COUNCIL MEETING: Auoust 19.1997 APPLICANT: WESTPARK CO. ITEM NUMBER: 10 REQUESTr PRELIMINARY PLAT FOR SHERBROOKE HOLLOW ANNEXATION 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 ~u~~ ~~ Zr~/ ~ ~~ ~' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BRIGGS EN~EERING~ Inc. /PLANNERS /SURVEYORS August 18, 1997 Mr. John Stanley Shipley 2770 S. Locust Grove Road Meridian, Idaho 83642 RE: Sherbrooke Hollows Subdivision Deaz Mr. Shipley: 1111 Sou~rchard Avenue, Suite 600 Boise, Idaho 83705 -1923 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEI-Idaho@MSN.com ~F{:I~ ~VED AUG 1 8 1997 MERIDIAN CITY ENG~R Thank you for calling and discussing the project issues affecting your adjacent property. I am sorry you had to weave your way from Becky to me, but Becky is out of town for a couple weeks and did not have time to bring your needs to my attention prior to her departure. As I understand your concerns, there is an irrigation waste ditch running along the south boundary of your property adjacent Sherbrooke Hollows. This ditch is overgrown and leaks into the adjoining property causing some intermittent flooding of the adjacent properties (yours and Sherbrooke Hollows). This correspondence verifies your notification of BRIGGS ENGINEERING, Inc. (BEI) of the condition and your concern of future liability. Be assured BEI will investigate the flooding concern. Adjacent owners and regulatory agencies may be in the discussions of the design alternatives. Based on our findings, suitable plans will be provided to the Developer. It is in the best interests of BEI and the Developer to address these issues during the design process to minimize the potential for future problems. In addition to the drainage issue, we discussed briefly some concerns by other adjacent homeowners with respect to irrigation delivery. During the design process, BEI will interview the ditch rider to determine the affected parties and review with those parties their delivery. It is required by State Law that the Developer provide the required delivery of irrigation water across the developed property at the same delivery location or as determine appropriate by the Developer and the party being served (jointly). I hope this will serve your needs and look forwazd to bring this project to a successful conclusion for all parties. If there is additional concerns please call and we can discuss possible avenues for resolution. Respectfully Submitted, $~GS ENGINEERING, Inc. Dean Briggs, PE Copy: The Westmark Co. 961102 R OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chiei W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAI~1 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council From: Bruce Freckleton, Assistant to City En ' eer ~~ Shari Stiles, P&Z Administrator c~ 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 August 19, 1997 RECEIVED AUG 1 9 1997 CITY OF ~i~}lAN Re: Agenda Items 8 & 9 SHERBROOKE HOLLOWS SUBDIVISION (By Westpark Company) We hereby request that the above agenda items be tabled for the following reasons; 1. Per staff comments dated May 8, 1997, the applicant has submitted a preliminary plat map with block lengths longer than those allowed by ordinance, and also there are two ditches that the applicant proposes not tiling. Staff has indicated that variances would have to be granted for these two items. As of this date, the applicant has not filed variance applications. 2. As of this date we have not received any documentation indicating that an easement has been obtained for sewer and water across the Stopello property adjacent to the north. 3. The property owner adjacent to the northwestern portion of this development, Mr. Shipley, has pointed out several concerns that he has with respect to groundwater and drainage. Mr. Shipley has told the Public Works Department that the water table in the area is very shallow. His basement is flooded and cattails grow along the fence line between his property and the proposed development. T'he developer's representative stated, in part, at the June 10, 1997 public hearing with Planning and Zoning that "The Department of Water Resources has indicated that their logs or their drawings and well log reports in the area tend to support a 40-foot ground water out in that area. (inaudible) were installed to monitor ground water in that general area and across the site. Little or no ground water was found that would be harmful to the development of this project. That doesn't preclude the fact that there may be according to some of the residents who are here tonight, there apparently are some surface ground water problems that will have to be adequately addressed. " Written response from Briggs Engineering states that ground water • • Mayor and City Council August 19, 1997 Page 2 monitoring reports were submitted; however nothing could be found in our files. Without these reports, we are only guessing as to what the problems could be. We would like to have the reports, along with some recommendation from Briggs Engineering as to a solution to the problems that exist. 3herbroolce Hollows Meridian City Council August 5, 1997 Page 23 Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to request the annexation ordinance be drawn up, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: Cowie: At this time I will open the public hearing and invite the representative Becky to come forward again. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: The previous application that came before you a couple of years ago on this western side had approximately 171 lots, depending on which version you looked at anywhere to between 160 to 171 it may have varied from time to time. We have 140 so the number of lots has been substantially reduced and that was due to bringing into compliance with the R-4 standards, the 8,000 square feet and the 80 foot of frontage. The property is extremely peculiar in shape and was one of the more difficult ones that I worked with to lay it out. The standards of the 80 foot frontage, maximum culdesac length of 450, trying to keep our block lengths reasonable was difficult. We met all of the criteria with the exception of the block length and we tried some varying ideas and to no avail and this was basically the best that ~nre could do with the property. We have provided some intermittent lots these would be landscaped they would be common lots owned by the association. They are basically situated in areas where they could be utilized for storm drainage. Out in this vicinity we know that we have got to have some common areas in order to store some of that storm drainage. We have got one, this drainage lot here, the Nine Mile Drain is right here so that would give us an opportunity to have some type of an overflow for the pre-development drainage. When we drafted this particular layout, one of the things I did was I went through and read the history of the prior applications. The minutes, testimonies that were given at the public hearings, the comments from the Planning and Zoning Commission members and the City Council. One of the main things that stuck in my mind was the lack of communication with the adjoining neighbors. They seem to be quite offended that no one had ever taken the time to meet with them, discuss the application, take their comments and then respond to them in some type of a written form. I did notify all property owners within 300 feet. We held a neighborhood meeting here in Meridian at Westpark Company's office so it would be more convenient than my office for them to attend. I think we had about 6, 7 or 8 people that attended. We talked about various items such as traffic, densities, lot sizes, drainage, irrigation, fencing and so forth. They asked for certain things like copies of the traffic study, copies of the initial ground water analysis. Copies that they could have at their home to look at and get a good idea of what we are proposing. All of that information was sent out to these people and I did respond to them in writing and 1 think at the Planning and Zoning Commission meeting that letter was Meridian City Council • August 5, 1997 Page 24 submitted as part of the public record. So I would like to make sure that it continues forth in the public record of what we told these people. The issues here, the residents that attended live I think here, an individual bought a home here, another individual owned a home here and then the Coons I believe live on the south. side or they have a trust on this property on the south side. We indicated to them that we would have non- combustible fencing along this perimeter here. When I spoke with Mr. Shipley I indicated to him that it is in the City requires along our perimeters when we adjoin agricultural land that has potential for burning their ditches or burning their fields that we have non-combustible fencing. So that would be chain link around that area. One of the questions that we asked what are the future road improvements on Locust Grove. It is indicated that Locust Grove from Overland to Victory is going to be improved in 1999. It is I the plan but I don't believe they have any funding for this project at this time. At that time then they will rebuild that bridge, we have that kind of outdated bridge that is located right here. Secondly, they asked questions like what is the future build out of these streets. Both of these are going to be 90 foot right of ways, they will have a 50 foot road section with four lanes. We also stated that we would provide some drainage berming along this southeast area to protect these Ipts. The other issue that was brought up is (inaudible) irrigation water comes across here and then it exits through us and goes over to the Nine Mile Drain. We will have to pipe it, it is a small ditch but we will have to continue that on. The other issue that I want in the record is they said we don't want people coming out complaining that we are bailing or that we are wind rowing. How will you protect our agricultural pursuits. My recommendation to them and I did provide this in writing is that on the plat we would put the right to. farm statement out of the Idaho Code and explain to them how that worked and so forth. The other issue that they asked for which we did agree to was the restriction of some one story homes. We have two lots here that adjoin, two lots here that adjoin Victory Road that we would limit to one story homes. Then we had six lots here that we would limit to one story homes. That is just to project their view corridor of that Boise front. The original application that you looked at also had the access right here, I think that was one of the main problems that the highway district and the City had and that was obviously one of the hot points for Mr. Shipley. We are aligning this approach with Salmon Rapids. What we intend to do is the first phase would be built off of Victory Road so we could have an opportunity for ACRD to catch up with us and coordinate the connection here~when they do the rebuild of Locust Grove. Mr. Shipley's home sits right in this vicinity, by moving that street down then that allowed us to have some nice deep lots, these are 170 feet deep, they are ranging from 14,400 and some odd square feet to 13,300 and then this one is 10,000. So next to his home we have some deeper, larger lots to give us a little bit of a transition. We are making this stub street connection at this point here and then there is a stub street in Los Alamitos here and here so that eventually we would have a connection through Mr. Stoppello's property. At this time he doesn't have any intentions of developing however in the future the property will most likely be developed since it will have a sewer main line going through it. So we are making sure that it is being placed in a position where the property could be developed around it without any hindrance to him. As I mentioned earlier we have had meetings with him, he has verbally agreed under certain conditions that he will grant the City of Meridian a sewer Meridian City Council • August 5, 1997 Page 25 easement so that we may construct that sewer trunk line and extend it southward. I will be writing up that easement and that documentation. We are also providing another stub street to this property here that was dictated by Ada County Highway District. We will have a temporary tum around right here until such time as it is extended to the south. This area we have the Nine Mile Drain but it is real small as it Hans through here and it kind of comes in and then diagonals over here, runs onto Mr. Stoppello's property and comes across and then it dumps here and the drains start to merge and then it gets large and it gets deep. What we are proposing here is this area was left undeveloped intentionally it is kind of a little wet area when you walk out there is water, there are some cattails. It is a nice riparian area that I thought should be left and preserved. That drain I think what you are seeing is a little bit of sluff right in this comer coming off from the Ridenbaugh Canal. Over here is just dry as a bone all through here but just this comer here. We will take that drain, we will move over to this location here and run it parallel. We are going to have to go through the variance process for our ditches, we have the Ridenbaugh which obviously exceeds the 48 inch, we have the Eight Mile Lateral which this is all concrete ditch but it far exceeds the 48 inch. And then we have this natural Nine Mile Drain so we will have to under the ordinance submit a variance for that. I have made these micro connections here for a pedestrian bridge to the other side. Shari and I talked about I know there had been discussions about a vehicular connection. In my discussions with the Highway District they said no that is not the place they want the crossing to go over the Ridenbaugh. Secondly the elevation difference between the two properties they don't think it is appropriate. What they did want was a pedestrian bridge. So the Highway District one of their requirements was that we put into a trust fund I believe $15,000 and that would be 50% of a pedestrian bridge over the Ridenbaugh Canal. Then when the property to the east develops then obviously they would contribute and that would be built. It would have to built to meet Nampa Meridian Irrigation District standards. Their big contention obviously as you have experience in the past is liability. So one of the things we talked about is could you have a fully caged pedestrian bridge over it so kids couldn't jump off of it or tie ropes to it and swing off of it and so forth. I think that is probably what they would have to end up doing in order to satisfy Nampa Meridian. I probably ought to address staff s comments, I kind of have a lift that is gone through here. In order to alter that Nine Mile Drain I will have to go through Nampa Meridian Irrigation District and the Bureau of Reclamation: It is under Bureau of Reclamation jurisdiction but Nampa Meridian maintains it and so we will be able to work with both of those agencies. In Los Alamitos Bureau of Reclamation insisted that it remain open. I assume that they will probably say the same for this drain so that it picks up the drainage water. We will be providing a detailed landscape plan on our common areas that will be submitted with our final plat. I have stated that, we will have non-combustible fencing along our perimeter. At our entrance here where v~ have landscaping we would like to go with vinyl fencing, I don't think it has to be non- combustible because it doesn't adjoin any agricultural land.. Mr. Johnson intends on using some of that new vinyl type fencing it is kind of like across-hatched pattern. It is not like a rail vinyl, it is very decorative. That is what he proposes to use at this entrance here. As a part of our variance application we will have to also request a variance on our block length. I have this block backing up to that Eight Mile Lateral. Obviously there Meridian City Council • August 5, 1997 Page 26 was no way for us to break the block. You could break the block with a micro path but it doesn't go anywhere or stub street but it doesn't make any sense. We have block one, two, three and seven that exceed 1000 feet. This particular block here, this is block 3 here, this is block 2, and then I think it is this block here. They are. counting as they go around even though I do have the micro-path connections. So that technically you could walk, come through and go from one to the other. I .did meet with Kenny Bowers on this project, Kenny and I talked about the stub streets, the two access points, the configuration. He indicated that he felt that adequate access has been provided for the project and he did not have any other requests such as a Ridenbaugh crossing or any additional connections internally (End of Tape) dealt with was the L intersection issues, we have had that on a couple of our plats now. In my statement I indicated that it does meet ACRD standards it does not have to meet the 100 foot centerline radius because they are L intersections. Any of them that did not qualify Mr. Sale reviewed each intersection and any that did not qualify then we went ahead and revised them to meet the 100 foot radius. Do you have any questions that 1 can answer? Bentley: Becky, on your plat map there over where you have the cattails, is there a chance of flooding into those lots that are over there? Bowcutt: No, because the drain is going to catch it, the drain comes through this like and comes through like this and meanders over this way. Then that run off comes if you look when you walk, I walked this whole length today, it is isolated right here in this area and it doesn't. go west of the little drain. Kind of like it is all kind of down hill in the water, I think kind of sloughs downhill and then goes into that drain and then it is dry on the other side. So no I don't believe we have any problems. Morrow. Becky, with regard to the sewer easement that crosses the Stoppello land, to play devil's advocate if that fell through how would you sewer this property? Bowcutt: If Mr. Stoppello came up with another condition that we couldn't meet, the only other way to sewer the property then would be to come down Locust Grove. That would be the only other alternative. Morrow: Would that in fact be a gravity system? Bowcutt: Yes, but it would not be in the alignment as stipulated on your master plan. It is supposed to follow the Nine Mile Drain. What elevation difference would there be we would have to calculate it to see if the sewer would come up a foot, would it create a situation that a lift station would have to be placed as it went south. With this particular plan (inaudible) it comes down right through here (inaudible) for future extension to the south. Morrow. At this juncture you have not done a cross comparison to see if that is a doable scenario and to how it impacts the long term sewer trunk line layout? Meridian City Council • August 5, 1997 Page 27 Bowcutt: No sir we have not done that. I think we had faith in Mr. Stoppello that if we meet his conditions that he will go along with this. That does include monetary compensation is one of his conditions, substantial monetary compensation. Corrie: Any further questions of Ms. Bowcutt? Thank you, anyone else from the audience that would like to enter testimony on this preliminary plat? Council any further questions of staff? Morrow. Comment Mr. Mayor, I guess for point of discussion with the Council is 1 don't have a particular problem with the preliminary plat but it does seem to me like a condition of approval of the preliminary plat ought in fact to be a resolution in writing of the easement access issue through the Stoppello property. If in fact that doesn't occur then I would like to see the preliminary plat revisited in the public forum to discuss the issues of sewer alignment. I think that changes the game a little bit. Rountree: We would be premature considering any action on this until we get an annexation ordinance approved. Morrow. That would be correct, we can't approve the preliminary plat until in fact we have adopted the annexation ordinance. Crookston: That is correct. Morrow. The motion now at the end of the public hearing would be to table it. Corrie: I will close the public hearing and entertain that motion. Morrow: Mr. Mayor I would move that we table the request for a preliminary plat for Sherbrooke Hollow Subdivision by Westpark Company until the annexation ordinance has been adopted. Rountree: Second Corrie: Motion is made and seconded that we table the preliminary plat until the annexation and zoning ordinance has been approved, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN CHURCH: Corrie: Is there a representative from the Church first. MERIDIAN CITY COUNCIL MEETING: August 5 1997 APPLICANT: Westaark Co. ITEM NUMBER: 14 REQUEST• Request for a areliminarvalat for Sherbrooke Hollow Subdivision AGENCY COMMENTS CITY CLERK: P ~ Z MINUTES FOR 6-10-97 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /~1~J ~~~~ ~ ~~~ ~~ ~, ~. ~_ ~`1( All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z g Commission June 10, 1997 Page 60 MacCoy: Second Borup: It has been moved and seconded to prepare findings of fact and conclusions of law for annexation and zoning of the request by Westpark Co., all those in favor? Opposed? MOTION CARRIED: 2 YEA, 1 NAY ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO.: Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I guess at this point I would just, it would be appropriate to say that I enter all of my previous testimony into this one. Borup: We appreciate that. This is a new public hearing, does anyone from the public have anything new they would like to add? Fitzgerald: If they want to incorporate it just indicate that they want to. Smith: Can we make like a blanket motion? I would like to make a motion that Fitzgerald: Well in terms of their testimony, if they want to incorporate it. Smith: They need to do it? Fitzgerald: Is that agreeable to everybody? Everybody is saying yes so all of your testimony will be incorporated into this public hearing. Unless there is any further comment or testimony. Borup: Okay, we have this to deal with. Let's close the public hearing. We do need findings on the annexation before we decide on the preliminary plat. ~So would someone like to table this? Smith: I make a motion that we table agenda item 11 pending completion of findings of fact and conclusions of law on item 10. MacCoy: Second Borup: It has been moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Fitzgerald: I think we need a date certain on that? Meridian Planning & Zoi~IRg Commission • June 10, 1997 Page 61 Smith: I amend my motion to. include tabled until our Commission meeting on July 8. MacCoy: Second Borup: Motion and second to correct the motion tabled to July 8 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: That concludes the public testimony for tonight, for the Commissioners we do have one other item. Apparently no notice went out, I found out yesterday afternoon that we do have another meeting scheduled and apparently no one else knew that. Can we verify the time, it is 6:00. Wednesday the 18~'. Manning: I move we adjourn. MacCoy: Second Borup: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:16 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APP 7~~ti CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CI ~```,`,,~~~„Il t ~ 11/~///'',e ~~T~ ERK BFj~ ' ~ w i . HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning and Zoning Administrator May 8, 1997 Re: Application for Annexation and Zoning of 48.70 Acres to' R-4 with a Preliminary Plat for 139 Single-family Lots -Proposed Sherbrooke Hollow Subdivision by Westpark Company, Inc. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. A Good Place to Live WALT w. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor 4. Submit a master street drainage plan, including method of disposal, with approval from the affected irrigation drainage district. P&Z Commission, Mayor & Council May 8, 1997 Page 2 5. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 6. Coordinate fire hydrant placement with Meridian's Water Works Superintendent. 7. Indicate any existing FEMA floodplain boundaries on the preliminary plat -map, and/or any plans to reduce said boundaries. 8. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system shall be approved and activated, perimeter fencing installed, and road base to be approved by the Ada County Highway District prior to acceptance of building permit applications. 9. Provide five-foot-wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. 10. Respond, in writing, to each of the comments contained in this memorandum and submit to the City Clerk's office prior to the scheduled hearing date. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service for this development shall be off of an extension of the existing sanitary sewer main in Los Alamitos Park Subdivision. Easements across the property adjacent to the north boundary shall be submitted for review by the Public Works Department. Sewer mains installed in easements across undeveloped land shall be designed such that they will be within future rights-of--way. The 12-inch trunk. line shown on the preliminary plat should be routed back west in S. Mackay Drive to S. Potlatch Avenue, then extended to W. Victory Road. Applicant will be responsible to construct the sewer mains to and through this proposed development. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. 2 • • P&Z Commission, Mayor & Council May 8, 1997 Page 3 2. Water service for this development .shall be off of an extension of the existing main located in Locust Grove Road. Applicant is responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The subdivision designer is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 3. Indicate on the preliminary plat map .the pump station location for pressurized irrigation. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system. 4. A detailed landscape plan for the common areas shall be submitted for review and approval prior to submittal of the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 5. No easement is shown for the existing Nine Mile Drain. Applicant proposes relocating the Nine Mile Drain, but no plan for how this will be accomplished is shown. Submit plans and approvals from the appropriate agencies for relocation of this drainage. 6. Install non-combustible, six-foot-high, permanent perimeter fencing prior to obtaining building permits unless this requirement is specifically waived in writing by the City. Fencing of the Eight Mile Lateral and Ridenbaugh Canal is not to encroach on existing easements. 7. Provide scaled dimensions of all lots on the revised plat. 8. It appears that either the easement for the Eight Mile Lateral is not shown correctly or the canal is not located within the easement. Please explain this difference. Also, it would appear the east lot line for the proposed lot on Locust Grove Road falls within the Eight Mile Lateral. This lot also does not appear to have a block designation. This lot will need to be separate from the common area lot of the Eight Mile Lateral. 9. The City has been experiencing problems with groundwater in drainage areas. Provide detailed plans for these drainage lots, along with the determination of high groundwater as prepared by a soils scientist, to assure that the ponds will not be impacted by high groundwater. 3 • P&Z Conunission, Mayor & Council May 8, 1997 Page 4 10. Install 250- and 100-watt high-pressure sodium streetlights at locations designated by the Meridian Public Works Department after Idaho Power Company completes their design for the service of this development. -All streetlights shall be installed at subdivider's expense. 11. Blocks 1, 2, 3 and 7 exceed the maximum 1,000-foot length allowed by Ordinance. An additional stub street shall be provided in Block 1 to the John Shipley property. The proposed road to Locust Grove Road is only 50 feet from the driveway to the Shipley property and may negatively impact his ability to access and leave his property. As the property to the east of the Ridenbaugh Canal is a portion of a larger holding of the Applicant which is intended for subsequent development, a bridge should be provided over the Ridenbaugh for life safety vehicles and inter-neighborhood circulation. Street names need to be provided for these new streets, as well as the stub street to the Frank Stopello property and the short street section between Dworshak Drive and E. Limousine Drive. 12. The cul-de-sac for S. Mackay Drive exceeds the 450-foot maximum allowed length. 13. All references to a daycare lot need to be removed from the plat. The R-4 zone does not permit a daycare, and daycares need to be approved under the conditional use permit process. The Applicant will need to apply at a later date for appropriate zoning and conditional use permit. 14. The temporary turnaround shown on the south end of S. Bull Trout Avenue may make the affected lots unbuildable until the street goes through. An instrument is to be recorded, either prior to or after plat recordation, providing an easement for the temporary turnaround. The document would have a provision that the easement would automatically be rescinded once the streets are able to go through. 15. All lots are to have a minimum frontage of 80 feet. Frontage on comer lots is determined by the line length plus one-half of the chamfer length. Indicate front of house designation on lots that do not meet the minimum on one side. 16. Information from the Assessor's office indicates that not all of the parcels as they currently exist are proposed as part of the development. Why are only partial parcels being proposed for annexation and development at this time? 4 • P&Z Commission, Mayor & Council May 8, 1997 Page 5 17. The notarized consents from property owners are over two years old. Provide new notarized consents indicating the property owners have agreed to the current annexation and plat applications. 18. The minimum centerline radius of curves for all local streets is 100 feet per ACRD Development Policy 7204.4.11. Four curves within this proposed development do not conform. Revise the plat to correct this. 19. Submit three copies of the revised plat incorporating all required changes to the City Clerk's office prior to the June 10, 1997 Planning 8c Zoning Commission meeting. Staff will review the revised plat and may have additional comments at that time. 20. A development agreement is required as a condition of annexation. 5 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ E . COUNCIL MEMBERS ASURE VALLEY HUB OF TR A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivecs License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wiU be considered by the Meridian Planning 8t Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 6.1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Preliminary Plat for 139 Single-family Lots and 1 Daycare Lot on 48 7 Acres in a Proposed R-4 Zone -Proposed Sherbrooke Hollow Subdivision E. of Locust Grove and N of Victory Road BY: Westaark Company, Inc LOCATION OF PROPERTY OR PROJECT: 1/2, SW 1/4 Section 20 T 3N R 1E B M Ada County, Idaho JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS RELIM. ~ FINAL PLAT) BUREAU OF REC ELIM. 8t FINAL P CITY FILES ,~ OTHER: YOUR CONCISE REMARKS: .,aer•r.v`•tr~ 1R6l~iGi vr~ V L 91 (x'fY OF ~lERID>iAl~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: May 6. 1897 TRANSMITTAL DATE: 4/18197 HEARING DATE: 5/13/97 REQUEST: Preliminary Plat for 139 Single-famil~Lots and 1 Daycare Lot on 48 7 Ar~res in a Proposed R-4 Zone -Proposed Sherbrooke Hollow Subdivision E. of Locust Grove and N. of Victory Road BY: Westpark Company. Inc. LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 1/4. Section 20. T.3N.. R.1 E.. B.M.. Ada County, Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB 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 • 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL ;;~~TT~~ ~-DA COUNTY MIGHWAY DISTRICT ~CC~E~ VE[) ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH APR 2 5 t44~ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT cm OF ~NERioIAN IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. ~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES ~ 1 ~ ` OTHER:. a~ YOUR CONCISE REMARKS: ~~rn~ ~¢ ~.~,. y oF-~.wtd.t/ A~2Q ~ s ~I.Q.o¢ ~ ~ • SUPERINTENDENT Dr. Bob L. Haley April 17, 1997 REC~I'~ED City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: MAY - 2 1997 qTY ar 1~ERIDIAN I have reviewed the plat for Sherbrooke Hollow Subdivision and find that it includes approximately 139 homes assuming a median value of $120,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary, Lake Hazel Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 46 elementary aged children, 35 middle school aged children, and 32 senior high aged students. At the present time Mary McPherson Elementary is at 119% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased overcrowding in all three schools. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, ,~ Jim Carberry Administrator of Support Services JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann _ Return to: ~~~~~ ^ Boise ~ by 0 5 1997 ^ Eagle ^ Garden city Rezone # Meridian ' ' al Use # ^ Kuna Preliminary /Final /Short Plat c~l~~Z~3r°°K~ ~~ ~~"I `~J 1 ~~S ~`'''~ ^ ACZ ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water .~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: a central sewage ^ community sewage system ^ community water ^ sewage dry lines .l~tentral water ~- 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. cS'~ 2M InP h-i~`12 RUN -off S f'f0_~r~ ~~ b.3 1 N 9U R ~sS Date: ~/ 0 / 7 S W PI'L-E lit-'Fd n-C D I S Cf~'2-frl,JCr ~ Tt~ S(1gS U RFAtF~R[eviewed By: Review eet CENTRAL CEI~AL DISTRICT HEALTH DEPAFZTPIENT •• DISTRICT Environmental Health Division ~1'HEALTH ~~~~ DEPARTMENT rtb, rer. I/95 ~ ~ REcE'~Ep ~~ n v 0 8 1447 ~~` ~~ MERIDIAN 'l2a.~r~ia & ~~r~ua'ia~ ~I~ugat~ac Dt¢~ziet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 City of Meridian 33 East Idaho Meridian,ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Preliminary' flat for Proposed Sherbrooke Hollow Subdivision - Westpark Co., Inc. Dear Commissioners: The Nampa & Meridian Irrigation District's Eight Mile Lateral courses along the west boundary of the project. The right-of--way of the Eight Mile Lateral is 80 feet; 40 feet from the center each way. See Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466 7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Si~>~ Bill Henson ~ ater Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File - O„~ce Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 29 April 1997 • • • 'ha~r~ui & ~~i~diar~ ~Iv~ yat~ Di~~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Kathy Stroschein Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, ID 83705 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Sherbrooke Hollow Bub. Dear Kathy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. Enclosed also is a packet of information called a "developer packet" that includes information on pressure urban irrigation systems to be owned, operated and maintained by the Nampa & Meridian Irrigation District. If you have any questions concerning this matter, please feel free to call on me at the District's office telephone number listed above. If you have any questions concerning the Land Use Change Application, please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File ' Water Superintendent Westpark Company, Inc. City of Meridian enc. C~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 May 1997 05/02/97 FRI 13:45 FAX WILLIAM G. BERG, JR., City Clerk JANICE !. SMITH. City Treasurer GARY D. SMITH, P.E., Clty Englnaor BRUCE D. STUART, Water WoAcs Supt. JOHN T. SHAWCROFT, Waete W~ler Supt. DENNIS J. SUMMERS. Parks Supt. SHARI L. STILES, P & Z Adminlstrdtor PA77Y A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, Fire Chlol W.L. "BILL' GORDON, PoACe CMeI WAYNE G, CROOKSTON, JR., Anomoy wool • • ~ HUB OF TREASURE VALLEY Ol N •1 MEMBFp~C A Good Place to Live WALT W. MOAROW, Presidanl CITY OF MERIDIAN RONALD R. TOLSMA E C G E N R. BENTLEY 33 EAST IDAAO MERIDIAN, YDA$O 83642 P a 7 oMMtcc_tnN Phone (208) 888-4433 • FAX (208) 8371813 JIM JOHNSON, Chairmen Public WorksBuil~ing Ddpatrment (208) 887-2211 GREG OSLUNO Moor Vehicle/Drivus License (208) 588-4443 MALCOLM MACCOY KEITH BORUP ROBERT b, CORRIE RON MANNINQ Mayor TRANSMit1°TAL TO AGIENCIES FOR COMMENTS ON DEVELOPMENT YROJEC'~S WITH THE CITY OP MERIDYAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by.• av 6:-1997~•~' „-_ TRANSMITTAL DATE; 4/18/97 HEARING DATE: F~,5/13/97 .~ REQUEST: Preliminary Plat for 139 finale- milt' Lois and 1 Dayr,~re Lot on 48 7 Acre in a Proposed R~ Zone - Prol7osed Sherbrooke Hollow Subdivision E_ of Locust Grove and N. of Victory Road BY: Westpark Company,~lnc. LOCATION OF PROPERTY OR PROJECT: S 1/2. SW 114. Section 2U. T.3N.. 131 E.. B.M.. Ada County Idaho JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, PJZ KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, CJC CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTU:Y, C/C WATER DEPARTMENT CG1AfC0 f1COAOTUCw~T Post-it'° FaX Note 7671 Date ~ oft ~ J To CrT O~ 1h2Q~DrgrV A From ~m rf-DAr-tS CoJDept. Pu S u C ~o RreS nn ~~ I D Ho ~O tp ty")2 W . Pnone# ~$^ 3s Phoncu 3ZZ_ Zo41? / Fex1- $$7-'h813 ' Faxp 3$$- f'o9Z~ INTERMouNTA1N VAS (h+tctuM. t!< rmw~ rLA I ~ BUREAU OF RECLAMATION (PRELIM. ~ FINAL PLAT) /`tTV CU CC ~'E~E~v~D MAY 0 2 1997 CITY nF MERIDIAN We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams Idaho Power 322-2047 MAY 02 '97 14 51 PAGE.01 WILLIAM G. BERG, JR., C1ty 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 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 GREG OSLUNO MALCOLM MACCOY KEITH BORUP RON MANNING 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk by: M y 6. 1997 TRANSMITTAL DATE: 4118/97 HEARING DATE: 5/13/97 REQUEST: Preliminary Plat for 139 Single famil~Lots and 1 Daycare Lot on 48.7 Acres in a Proposed R~ Zone -Proposed Sherbrooke Hollow Subdivision E. of Locust Grove and N. of Victory Road BY: West,._palrk Com~anY, Inc. LOCATION OF PROPERTY OR PROJECT: 1/2, SW 1/4. Section 20. T.3N.. R.1 E.. B.M.. Ada County, Idaho JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P2 KEITH BORUP, P2 BOB 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 MERIDWN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY MIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK i(/G' ~os>hrfi~r~ `D HUB OF TREASURE VALLEY • '~ • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivets License (208) 888-4443 yl ll~~ ENGINEER/NG BRIGGS May 28, 1997 ' " c. Mr. Bruce Freckleton Ms. Shari Stiles City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Sherbrooke Hollows Subdivision A. GENERAL COMMENTS: 1. The subject parcel abuts the Ridenbaugh Canal and Eight Mile Lateral. The two irrigation facilities exceed a 48-inch pipe size and therefore, fall within the category for exemption from tiling. If a variance is required, please specify as a condition of approval when the application should be submitted. The Nine Mile Drain runs parallel with the Ridenbaugh Canal. The applicant would prefer to relocate the drain. The Bureau of Reclamation had requested the drain remain open on a project north of the subject property. I contacted John Anderson of Nampa Meridian Irrigation District concerning relocation of the drain. He indicated plans would need to be submitted and reviewed to determine the method and location. I will contact the Bureau and Nampa Meridian Irrigation District to obtain guidance on whether the facility should be tiled or remain open. A small drain exists through the mid-section of the parcel exiting to the north boundary. The applicant intends to pipe the small ditch. 2. I have no knowledge of any existing wells or septic systems on the property. 3. Jason Kelly, a professional engineer with expertise in the area of soils and hydrology was retained by the applicant to install pziometers at the site and monitor the groundwater. Five pizometers were installed in different areas of the property. A summary of the groundwater investigations was submitted with the application. 4. A master drainage plan will be submitted to all governing agencies for their review and approval after preliminary plat approval. 961102\freckleton-ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • BRIGGS ENGINEERING, ~N(:. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 5. The Ada County Street Name Committee reviewed the preliminary plat and commented on April 17, 1997. Additional street names were required and minor alignment changes were requested. Two names were added to the plat which were approved by the Street Name Committee on June 8, 1995 (Highland Ranch). The preliminary plat reflects the Street Name Committees changes. 6. Engineer will coordinate hydrant locations on construction plans with Meridian Public Works after preliminary plat approval. 7. The subject property lies outside the 100-year floodplain as designated on the FEMA maps. 8. The applicant understands that the following improvements are required prior to the acceptance of a building permit application a. Domestic water system (approved and activated) b. Pressurized irrigation system (approved and activated) c. Perimeter fencing (installed) d. Road base (approved by ACHD) 9. All proposed new public streets will have five (5') foot sidewalks on both sides. Victory Road and Locust Grove Road frontage will have five (5') foot sidewalks as required by ACRD. 10. Applicant has complied with required response. B. SITE SPECIFIC COMMENTS: 1. The applicant will provide easement documents to Meridian Public Works Department after receiving preliminary plat approval. A site plan for future residential development of the Stopello property was provided to Mr. Stopello for his review. The legal description for the sewer easement, prepared by Briggs Engineering, reflects the street alignment in the Stepello site plan. The preliminary plat has been revised to reflect the extension of the 12-inch sewer trunk line to Victory Road. The applicant understands that he will be responsible for extension of the Nine Mile Sewer Trunk line through the Stopello property and the subject parcel. The applicant proposes to enter into a "Late Comer Agreement" with the City of Meridian for the offsite sewer. 961102\freckleton-ltr • BRIGGS ENGINEERING, ~N~i. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 The applicant understands City of Meridian acceptance of sewage is dependent on sewer capacity. Project engineer will coordinate main sizing and comply with City requirements. 2. The applicant understands he must extend water from Locust Grove through the subject property and along the property's Locust Grove and Victory frontage. Project engineer will coordinate water design with Meridian Public Works Department. 3. The pressurized irrigation pump station is proposed adjacent to the Ridenbaugh Canal on Nine Mile Drain. The preliminary plat has been modified to reflect this location. The final location of pump station will have to be approved by Nampa Meridian Irrigation District. The applicant will coordinate with the City of Meridian on a supplementary connection to the pressurized irrigation system. The pressurized irrigation system will be owned and maintained by Nampa Meridian Irrigation District. 4. The applicant will provide a detailed landscape plan on the common area for the City's review prior to submittal of the final plat. The applicant understands he will be required to install the landscaping or bond prior to City signature on the final plat. The existing Nine Mile Drain easement is approximately 50 feet. The applicant intends to relocate the drain parallel with the Ridenbaugh. This relocation will require coordination and approval by Nampa Irrigation District and Bureau of Reclamation. -The applicant intends to re-channel the drain east of its current location. 6. The applicant will insta116-foot non-combustible fencing along the perimeter of the subject property prior to obtaining building permits. The irrigation easements for the Ridenbaugh Canal and Eight Mile Lateral are proposed as separate lots. No encroachment by fencing within the easements is proposed. 7. The revised preliminary plat reflects scaled dimensions on all lots. 8. The easement for the Eight Mile Lateral is 80-feet (40 feet from ditch centerline on both sides). The easement along the south side of the Eight Mile Lateral has been added to the preliminary plat. The lot west of the Eight Mile Lateral has been separated from the lateral lot. A block designation was shown on the preliminary plat, block 3. 9. The applicant will provide detailed plans for drainage facilities and a high groundwater report by a soils scientist for City review with the final construction plans. 10. Applicant will install street lights consistent with the requirements of the City of Meridian. 961102\freckleton-ltr • • BRIGGS ENGINEERING, ANC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 11. Blocks 1, 2, 3 & 7 exceed the 1,000 foot block length. The unusual configuration of the parcel limits the lot layout potential and creates longer block lengths. The Eight Mile Lateral creates a long block since it inhibits the potential for stub street connections. Block 7 abuts the Ridenbaugh Canal. and two micro-path connections have been provided in this block to a proposed pedestrian bridge. The intent of block limitations is to minimize the walking distance between blocks. We believe the micro-connections in this block provide the connection. The Locust Grove entrance has been relocated south to align with Lake Creek Street in the proposed Salmon Rapids No. 4 Subdivision. This revision meets ACRD standards and solves any ingress/egress conflict between the subject parcel and Shipley property. Ada County Highway District has determined a vehicular access across the Ridenbaugh Canal is not preferred due to topographical differences. I met with Ken Bowers, Meridian Fire Department, he indicated that the two points of ingress and egress to the parcel and the three(3) stub streets will provide adequate access to the development for emergency vehicles. We believe a vehicular bridge is not appropriate at this location and would not provide enhanced emergency vehicle access that would warrant the cost of $300,000 - $500,000. The project has 140 lots which obviously could not absorb the expense. 12. The cul-de-sac E. Mackay Drive has been revised to meet the 450-foot maximum length. 13. Reference to the daycare lot has been removed. 14. Aturn-around easement will be prepared and recorded. 15. All lots meet the 80-foot frontage requirement with the exception of corner lots and cul-de- sac lots. House orientation has been delineated on the plat. 16. The applicant indicates the subject property was under separate ownership and legal one time divisions of the properties transpired while under Ada County jurisdiction. 17. The new consent forms have been submitted. 18. The centerline radius on the curves that do not meet the definition of an "L" intersection have been revised to meet a 100-foot centerline radius. The plat reflects the revisions requested by ACRD. 9611.02\freckleton-ltr • BRIGGS ENGINEERING, ANC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 19. Submitted three (3) revised copies. 20. The applicant understands a development agreement is required as a condition of annexation. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. Bowcutt Land Use Planner ~J 961102\freckleton-ltr j «m wia'0: Y Lt:«m; YY iwas a m ~ f ln« AY'rNVMIV«« 0 w „ . ~~ NOISIAIQ8f1S ~ ~. i •am wa.. SYOTIOH N)I00?IH?~IS R _C w ~~~~•4 s~ eY $ -~ ~- ~ ~i ~ ~; ~~~ ° ~~ .~ Ili ~ ~ A~~ a ~~~$ ~~ ~ a 4" ~1~~ ~~ ~ Ili ~~~ ¢~~ ~g ~ ~~~ A ~~ ~ ~ III ~ey~ $-~ ~ ~• V2 e ~ f~~~ I ~ sa • `~ ~ ~ i^ ~i A~ I N M ~ o ~ ~ ~ •/ ~ ~ ~~! i = ~D III ~s $ v' i RRRR ~~ -_ _ t 1 i My 1 M 7 ~ f•~ _ ~ I 214 1 I ~'~ ~ w ~ N~~ ~~ 7 SJ ( I ~ ~ T. 0 ' I 33 i ~ I .i ~ I 1 I _ ~.l t`- I E !! ~ ( s1 •^ • 0 N O ~ I ~j 7 i~ ~ ~~ g i f w °. I sr ap m o ~ ws ~~ •y 1 ~ k R ~ ~ n« a~ . A p _ _ i • ~ ~ ~€ ~ ~ ~' / III I ~ •~ p. - to e~ ~y .. ,.r ICI I (I I +~~~I a ` «F ± o^! j" ~' / III ~i .. .. :t ~ ~I I a -s •~ t ~ li ~ ~ / III ~~ $ ~ ~ •! ~ ~ I ~ Dw p ~«"~ Y II ~`: ~ n~ «~ ~ 3 ~ ~ ~ ~~ (~~('^~j~\l III N ~~ _~~ w.• _ •• _ Z p ` ~ V ~ .aN=D _«~~ "i< •} ~~ ~ •: / III u ~~~~~~ ~ ~ I ~• a r ~ ~ d • •; I t yNt \ ~ I °`! y , '°. «: •i •~ a* III b $~ .s w ;! ~ III ~ . 901.IIOM~~ ~ '-fir-I _ ____ •~ __I__ _~ ~ -~~~~1~ -- - ~ ~ ~r--,~ ~L . I • - _ 4-Y mNOZ i . (• .ON O7LLY tiNl~1 ~~ry~ _ _ _ LY NNOZ i / •wrs saavm v.x~arN ENGINEER/ly !<1L4i~~ V ~~ BRIGGS ~~°~' °'~~7 taTY ~?I= ~~~~~.~i~ INC. May 30, 1997 Mr. And Mrs. Fritts 2384 E. Victory Meridian, Idaho 83642 Re: Sherbrooke Hollow Subdivision Dear Neighbor: I have included a copy of the most current preliminary plat which reflects changes requested by Ada County Highway District and the City of Meridian. You had questions concerning the future road improvements on Locust Grove and Victory Road. Ada County Highway District plans on rebuilding Locust Grove from Overland to Victory Road in 1999. This project would include reconstruction of the bridge over the Eight Mile Lateral. The project is currently listed in ACHD's Five Year Construction Plan, however, no funding has been allocated to the project at this time. Proposed future right-of--way width for Locust Grove will be 90 feet with a 70 foot road section (5 lanes). Victory Road reconstruction is not in the ACHD Five Year Plan. The road will be improved in the future with a 90 foot right-of--way and a 50 foot road section (41anes). The developer, West Park Company, has agreed to a 6 foot chain link perimeter fence for the project. They have agreed to coordinate with adjoining property owner's to ensure existing drainage pathways are continued and to provide drainage berming along the southeast area of the property to protect the lots and parcels from irrigation drainage overflow. The developer has expressed a willingness to include the Right to Farm Statute on the final plat. This will be a recorded notice to all future lot owners that adjoining agricultural uses exist, shall be protected and cannot be considered a nuisance. Another issue addressed was the restriction of one-story homes on the two (2) lots adjoining Victory Road and the six (6) lots adjoining the southeast corner of the property. The developer has agreed to specify single-story restrictions to preserve the adjoining neighbors view corridor. 961102~neighbor-fritts 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 .~ BRIGGS ENGINEERING, ~N~i. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 I hope the information provided answers your questions and concerns. Sincerely, BRIGGS ENGINEERING, Inc. . ~"~"'Y Becky owcutt Land Use Planner BBL:fc Attachments: 1. Full size current Preliminary Palt 2. Groundwater Study 3. Protective Covenants 961102~neighbor-fritts ..~ • ~ ~z ~.. ~ RECEIVED J U ~ 1 0 1997 Margin and Nancy Hansen ~.7!'Y OF ~EKID~AI~ 2460 E. Victory Road G~~~ Meridian, Idaho 83642 O June 10, 1997 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 RE: AP~L.ICATION OF WESTPARK COMPANY, INC. ANNEXATION AND ZONING This letter is to voice our concerns regarding the above development. Although the developer is now being more responsive to neighbors' issues, our main concerns remain as those voiced in response to earlier applications by Westpark Go.: • Meridian is growing too quickly. The dense development of the rural community wastes farmland and puts too many demands on this small town's core resources. Although these new properties and citizens in the community increase the tax base, it does not keep up with the demands of burgeoning schools, increased crime, more demands on fire departments, more demand on all city resources, etc. • Although growth and development is inevitable, does this farmland really need to be annexed into the city and zoned R4? Luxurious houses on large lots could Ming in more tax base without straining the core services. One-acre to five-acre lots allows development, keeps the density down, and is more in keeping with Meridian's comprehensive plan which states: ...existing rural land uses and farmslranahes shall be buffered from urban development expanding into rural area by innovative land use planning techniques...new urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. • Water, even though from a city well, iS still a concern because every time a well is drilled to take water from a new source, the old source loses some of 1.. r~ 1 Page 2 its supply. Many of us have fairly shallow wells and do not want the expense and hassle of wells drying up. We also do not want to hook onto city water. Both redrilling and city water are extremely expensive processes, and we have already invested heavily in our well. In summary, our recommendation is that Planning and Zoning, and in turn the City Council, stick to the comprehensive plan and learn to say "no" to the developers requesting annexation of farmland for dense subdivisions. Sincerely, Marvin R. Hansen Nancy an 2460 E. ~ctory Road Meridian ID 83642 ~ • s May 28, 1997 • Mr. Bruce Freckleton Ms. Shari Stiles City of Meridian 33 East Idaho Meridian, Idaho 83642 ENGINEER/~yG BRIGGS 1 N G• Re: Sherbrooke Hollows Subdivision A. GENERAL COMMENTS: ~y ~ ~ 9 ~ti ~ ~ 1. The subject parcel abuts the Ridenbaugh Canal and Eight Mile Lateral. The two irrigation facilities exceed a 48-inch pipe size and therefore, fall within the category for exemption from tiling. If a variance is required, please specify as a condition of approval when the application should be submitted. The Nine Mile Drain runs parallel with the Ridenbaugh Canal. The applicant would prefer to relocate the drain. The Bureau of Reclamation had requested the drain remain open on a project north of the subject property. I contacted John Anderson of Nampa Meridian Irrigation District concerning relocation of the drain. He indicated plans would need to be submitted and reviewed to determine the method and location. I will contact the Bureau and Nampa Meridian Irrigation District to obtain guidance on whether the facility should be tiled or remain open. A small drain exists through the mid-section of the parcel exiting to the north boundary. The applicant intends to pipe the small ditch. 2. I have no knowledge of any existing wells or septic systems on the property. 3. Jason Kelly, a professional engineer with expertise in the area of soils and hydrology was retained by the applicant to install pziometers at the site and monitor the groundwater. Five pizometers were installed in different areas of the property. A summary of the groundwater investigations was submitted with the application. 4. A master drainage plan will be submitted to all governing agencies for their review and approval after preliminary plat approval. 961102\freckleton-ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 LJ BRIGGS ENGINEERING, INC. 1111 s. Orchard, suite soo • soise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 5. The Ada County Street Name Committee reviewed the preliminary plat and commented on April 17, 1997. Additional street names were required and minor alignment changes were requested. Two names were added to the plat which were approved by the Street Name Committee on June 8, 1995 (Highland Ranch). The preliminary plat reflects the Street Name Committees changes. 6. Engineer will coordinate hydrant locations on construction plans with Meridian Public Works after preliminary plat approval. 7. The subject property lies outside the 100-year floodplain as designated on the FEMA maps. 8. The applicant understands that the following improvements are required prior to the acceptance of a building permit application a. Domestic water system (approved and activated) b. Pressurized irrigation system (approved and activated) c. Perimeter fencing (installed) d. Road base (approved by ACRD) 9. All proposed new public streets will have five (5') foot sidewalks on both sides. Victory Road and Locust Grove Road frontage will have five (5') foot sidewalks as required by ACHD. 10. Applicant has complied with required response. B. SITE SPECIFIC COMMENTS: The applicant will provide easement documents to Meridian Public Works Department after receiving preliminary plat approval. A site plan for future residential development of the Stopello property was provided to Mr. Stopello for his review. The legal description for the sewer easement, prepared by Briggs Engineering, reflects the street alignment in the Stepello site plan. The preliminary plat has been revised to reflect the extension of the 12-inch sewer trunk line to Victory Road. The applicant understands that he will be responsible for extension of the Nine Mile Sewer Trunk line through the Stopello property and the subject parcel. The applicant proposes to enter into a "Late Comer Agreement" with the City of Meridian for the offsite sewer. 961102\freckleton-Itr • BRIGGS ENGINEERING, INC. 1111 s. Orchard, suite soo • 6oise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 The applicant understands City of Meridian acceptance of sewage is dependent on sewer capacity. Project engineer will coordinate main sizing and comply with City requirements. 2. The applicant understands he must extend water from Locust Grove through the subject property and along the property's Locust Grove and Victory frontage. Project engineer will coordinate water design with Meridian Public Works Department. 3. The pressurized irrigation pump station is proposed adjacent to the Ridenbaugh Canal on Nine Mile Drain. The preliminary plat has been modified to reflect this location. The final location of pump station will have to be approved by Nampa Meridian Irrigation District. The applicant will coordinate with the City of Meridian on a supplementary connection to the pressurized irrigation system. The pressurized irrigation system will be owned and maintained by Nampa Meridian Irrigation District. 4. The applicant will provide a detailed landscape plan on the common area for the City's review prior to submittal of the final plat. The applicant understands he will be required to install the landscaping or bond prior to City signature on the final plat. The existing Nine Mile Drain easement is approximately 50 feet. The applicant intends to relocate the drain parallel with the Ridenbaugh. This relocation will require coordination and approval by Nampa Irrigation District and Bureau of Reclamation. The applicant intends to re-channel the drain east of its current location. 6. The applicant will install 6-foot non-combustible fencing along the perimeter of the subject property prior to obtaining building permits. The irrigation easements for the Ridenbaugh Canal and Eight Mile Lateral are proposed as separate lots. No encroachment by fencing within the easements is proposed. . 7. The revised preliminary plat reflects scaled dimensions on all lots. 8. The easement for the Eight Mile Lateral is 80-feet (40 feet from ditch centerline on both sides). The easement along the south side of the Eight Mile Lateral has been added to the preliminary plat. The lot west of the Eight Mile Lateral has been separated from the lateral lot. A block designation was shown on the preliminary plat, block 3. 9. The applicant will provide detailed plans for drainage facilities and a high groundwater report by a soils scientist for City review with the final construction plans. 10. Applicant will install street lights consistent with the requirements of the City of Meridian. 961102\freckleton-Itr • BRIGGS ENGINEERING, INC. 1111 S. Orchard, suite soo • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 11. Blocks 1, 2, 3 & 7 exceed the 1,000 foot block length. The unusual configuration of the parcel limits the lot layout potential and creates longer block lengths. The Eight Mile Lateral creates a long block since it inhibits the potential for stub street connections. Block 7 abuts the Ridenbaugh Canal. and two micro-path connections have been provided in this block to a proposed pedestrian bridge. The intent of block limitations is to minimize the walking distance between blocks. We believe the micro-connections in this block provide the connection. The Locust Grove entrance has been relocated south to align with Lake Creek Street in the proposed Salmon Rapids No. 4 Subdivision. This revision meets ACRD standards and solves any ingress/egress conflict between the subject parcel and Shipley property. Ada County Highway District has determined a vehiculaz access across the Ridenbaugh Canal is not preferred due to topographical differences. I met with Ken Bowers, Meridian Fire Department, he indicated that the two points of ingress and egress to the parcel and the three(3) stub streets will provide adequate access to the development for emergency vehicles. We believe a vehicular bridge is not appropriate at this location and would not provide enhanced emergency vehicle access that would warrant the cost of $300,000 - $500,000. The project has 140 lots which obviously could not absorb the expense. 12. The cul-de-sac E. Mackay Drive has been revised to meet the 450-foot maximum length. 13. Reference to the daycaze lot has been removed. 14. A turn-azound easement will be prepazed and recorded. 15. All lots meet the 80-foot frontage requirement with the exception of corner lots and cul-de- sac lots. House orientation has been delineated on the plat. 16. The applicant indicates the subject property was under separate ownership and legal one time divisions of the properties transpired while under Ada County jurisdiction. 17. The new consent forms have been submitted. 18. 'The centerline radius on the curves that do not meet the definition of an "L" intersection have been revised to meet a 100-foot centerline radius. The plat reflects the revisions requested by ACHD. 961102\freckleton-Itr • • BRIGGS ENGINEERING, ~N~,. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 19. Submitted three (3) revised copies. 20. The applicant understands a development agreement is required as a condition of annexation. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. Bowcutt Land Use Planner ~~B•.~-_ 961102\freckleton-ltr a i---•~•---4 ~ ~ I ° I r i NO YYP^1•MY4~ m~~ ~ TA Z ~~+ KIwyO i1Y1 lY^4 AaWIW/p'OW ~~1 b W No~su-taens - ~ ~ ,,..,.,~..,~..... sro~nox ~ooxaz~s ~ a~N~z•p s~ ~ ~ -$ ~- ~~ i ~ ~ ~ ~` ~~[ ' ~.~~ / Ili ~~ ~3~ 8 ~~~~ ~" ~~ii ~ ~ ~li ~ ~~~ ~~ ~~ ~ d ~ ~. ati III g~ !'=~ ', a~ ~ v~ a E ~ i ~° ~~ ~ a'~ ~' a i; II in ~ ~ ~ ,. ; a a ~ shy o i 9g III ~° a o . °~ ~ II 4 ~~~/E^~ Q~g~ M .Eiff+00 4 I ' ~ ~ j ~ '$ gg ~ ^ a ~ A ~ I ~5~~~~~5y~$g l E ~ / a ^-~`~ -~ ~~ Ili $a a7's ~ I ~ ~ y~ a a a 1~ ~ ig{ r . s a ~ II _- ~ ~ @ 1ua ~ • a ~~ III ~__.. i w KA ~-~ ~ ~ ~'° ~ I ~'- i a• HV I ~ • i~ • ~~~ I ~i i ^ • s ~ ~~ ~wL nE~ • 6! 4SIv i ^~~ ,,, cs § ~ o}E II ~ I I i ~ ~; ~~ r w5 wgl i a w ~ I/ I I ~ i 1C1 ~~ . O y O I I I ~ f ,.~ g~3 a~ ~~ a a z n: ~ •~ w2i •~c ^~ i Ka - g I ~~_~ ~~ ~ su G e t2 ~ i I ~ I G p - ~ I I ^ ~ •~ ~ ; ao' 7 w` we ~w~ t E 'tea ~ ~? R R a; i~~ w~d '~k ~ ~ I I S 3 ~~` ~ I 1 w~ ~ ! 9 a . ~~ s a .,^ a ` ~~ i~ ~ ! ~ } G p >, A i 3 N a a ~w ~ t a -V~ V ~- -~ ' A °~ ~ / ~ III i ~ ' • a a Qi a I II I I I ( I ~ ~ ~ ~ n~ w~ •e a ~ is `~ I -[ ~ M! - ~ w a ~~ =7 f D ~~ w ~~ ~ ~ / O e s f ~ •; / a I I ~. ~ n~ +~/ ~ I J R• aw w` a ^~ a • • 5 Z{ ~~ ~k^ II a j ~ z .`i i~ ~ ^~ a w! wrt O~N III N ~~~~~± w ~11~~~ ,~' wee ~ .. r JKa ~ ~ ~a t^ w~ I t a w ti ~'R wE n~ ~ ~ Ili .. ~~ ~~~ w d '~ III s ~*~~~. -. _ •~,-N~ - ---~-----m --- OAI4p~wOg1 _ ~- - ..,T ----- ~~ ~=z I I •. (~ ~~ON L0~1I~ NpN~ (~llU.f _ _ _ lY 01ND2 ' 1 rLM11 I 'Opfli {yvl9 w~Npra~ __ I ~- _ ~ e+n ,~ 1 5~ k` ~ ~~ Meridian Planning & Zonin~mmission July 8, 1997 Page 13 MOTION CARRIED: All Yea ITEM #6: TABLED JUNE 10, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: Johnson: This is the preliminary plat. Now that we have acted on the annexation then we move to the preliminary plat. This just takes a motion for approval if that is what you want to do. Borup: Mr. Chairman, I would move that we instruct Counsel to prepare findings of fact. Johnson: No, there are not findings of fact on preliminary plats. Borup: Did we have any other hanging questions? Johnson: Let's ask staff that question. I think it is page 50 of your minutes, last meeting. Ms. Stiles? Stiles: Chairman Johnson, Commissioners I believe it was tabled due to the fact that there were no findings on the annexation and you couldn't act on the plat without that being done. Johnson: That is my understanding. But we can now. MacCoy: Mr. Chairman I move we move the preliminary plat forward for approval. Borup: Second Johnson: A motion and a second to move the preliminary plat approval onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN CHURCH: Johnson: Any discussion regarding these findings of fact and conclusions of law as prepared by our City Attorney? Do we have a motion for approval then? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. ~~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: July 8 1997 APPLICANT: WESTPARK CO. AGENDA ITEM NUMBER: 6 REQUEST: TABLED• PR LIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ cl~ wa~d- a~~,,.,o~~ ~ OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: Mav 13 1997 APPLICANT: WESTPARK CO AGENDA ITEM NUMBER: 11 REQUEST: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS U" `~~; I SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMAT~REPORT ** RS OF MAY 08 '9~~08 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 09 05/06 16 06 3452950 Post-It• Fax Note 7671 D~$'8~j7 P 9ee~ S To From Co./Dept Co. Phon6 # Phone # Fax# 3~~_29$a Fet# KENNETH W. BOWERS, Frce Chief W.L. "BILL' CORDON, Po#te CMeI WAYNE G. CROOKSTON, JR., Adomey MEMORANDUM: ROBERT D. CORRIE Mayor P A 7 COMMISSION JIM JOHNSON, ChNmien GREG OSLUNO MALCOLM MACCOY KEITH BORUP RON MANNING May 8, 1997 To: Planning ~ Zoning CommissioNMayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning and Zoning Administrator Re: Application for Annexation and Zoning of 48.70 Acres to R-4 with a Preliminary Plat for 139 Single-fancily Lots -Proposed Sherbrooke Hollow Subdivision by Westpark Company, Inc. We have reviewed this submittal and offer the following comments, far your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: l . Any existing irrigation drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605.M. The ditches to be pipes are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Depaztment. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have bo be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development P~- MODE MIN/SEC PGS CMD# STATUS EC--S 02'11" 005 067 ------------------------------ OK --------------------- RC'ASURE VALLEY ~ ~ ~••~~ .ee c d Place to Live WALT W. MORROW, President RONALD R. TOLSMA IDIAN E O MER ENTLEV GLENN R. ! AST IDAHO -N, IDAHO 83642 ,.,,., ~.,,,,, ,,,,.,-4433 • FAX 0108) 887.4813 Public WodlsBuilding Deputmeot (7.08) 887-22t 1 Moax vchictNDriverS License (208) 888443 4, Subnrit a master street drainage plan, including method of disposal, with approval from the affected irrigatioNdrainage district.