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Home My WebLink AboutTurnberry Sub FPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 9, 1997 TRANSMITTAL DATE: 11/20 /97 HEARING DATE: 12/16 /97 REQUEST: Final Plat for Turnberry Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: W. of Black Cat Road, S. of Ustick JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: r�� 1. Thirty (30) copies of written application for approval V as stipulated by the Council 2. Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet r - of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or t� conditions thereof' 4. A statement of conformance with all requirements Amok - UP - and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural 'and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot.t•%E�,-�G-"� and block numbers only FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting ✓L�w�.� ►"►9a c. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table ✓ j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed seal q. Land Surveyor business name - City location r. Legend of symbols S. Minimum residential house size snow 46 t4� • t. Adjacent platted subdivision names � •• 10. Fee Paid - &60 Lots @ $10.00/1-ot = �� AT7ACt�7 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission,AT /aGlb^D or City Council.^� , S4UeCzE FbcrCA,-E PP4i-Ji r( (r� r am �C� AV -41 LA MLE a, C-WCx)N0 FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator Gary D Smith P E City Engineer ACCEPTANCE DATE: REQUEST FOR SUBDIVISION A L PRELIMINARY PLAT AND/O FINAL PLA PLANNING AND ZONING COMMISSION 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, SJJ,i j ak, 2. GeneralLocation, 3. Ownersofrecord, Euc:��s -' Am -1`(`c e �VIEWOIAN, fib. Address, ?tAC (-C&T PCS ,Zip 930%2 Telephone 95Q-5-2-442- 4. "2 '2 4. Applicant, sl A Address, I1`11 SS}�Or� SLa,le UM 5. Engineer, �e ate.-qq S Zip -7A-7&5 Telephone3'4,q-9700 6. Name and address to receive City billings: Name 1�6NC-NM t L.ANp <:fcN+PAtiY G10 (SPG �iG. "tAo M&-4A.OraMrd Address 10325 5W ?,xoh1E3 fiE"-*urre 2P3 Telephonee3-�35��Z-99� W-vAi5 © bra , cAz 976S5 PREUMINAR`r eLAT CHECKLIST: Subdivision Features0 1. Acres I ; 2. Number of lots 'AjZ0 3. Lots per acre 4. Density her acre (1) RECEIVED JUL 11 2001 CITY OF MERIDIAN lay aoo-1- 1 A 1 �n� PU -ea NSf r _. 7s 0 tel. \ QOM l� !� f� l n ■► , A 11� I� Y \ /1 1 !fin n �:. w — I \A Ajo Y i • FIL a / / C :t t _ Ab Sr< i y S ti � � :J { h4h t 1^Ji^.' rrNN- MI-Ar-M . n �� ,mak � .• 7 u R $idd 111 ,t s t"(; 1, Is Noriw rnAT is fi/so F4"C 4cl ;Ng 'S.,ty a,aaal MeCA.,, wATtt��e�R• cy►e 1 • u pry o peN HC$AS*. Now bt�t i If' iw ptt�h'a� oNty riu )e1N�lE TRAcXs tA N K GNCANh% 3 UL.- ky do?, L� �p1GINEER/NG BRIGGS INC. City of Meridian c/o Shari Stiles, Planning Administrator 33 Idaho Street Meridian, ID 83642 • November 14, 1997 RE: TURNBERRY SUB #I—Final Plat Application—Statements of Compliance and Conformance Dear Shari, As required in the Final Plat Application materials, the following statements of Compliance/Conformance are being submitted for your records. 1. The proposed streets will be built to Ada County Highway District's standards and dedicated to the District. All proposed sidewalks will be five (5') feet in width, and shall meet the requirements of the City of Meridian. 2. As addressed in the City's findings, the proposed residential development is in compliance with the Meridian Comprehensive Plan. Annexation was approved and the site was rezoned for single family residential development. 3. The proposed development will connect to City sewer and water. As noted in the plans, sewer and water are available in Black Cat Road. 4. The proposed Phase I of the subdivision has 61 buildable lots and 7 common. The development will comply with the applicable City Ordinances. Note that Variance has been granted for piping of the Safford Lateral, frontage/lot orientation options for various lots, and block lengths. The project will comply with the allowed densities of the R-4 zone. All lots will meet or exceed 8,000 square feet required by the R-4 zone. A 20 foot landscaping lot has been provided along Black Cat Road and W. Charles Street. A landscape median and project sign will be located at the easterly entrance on W. Charles Street. 5. Street names are approved. A list and a drawing from the Street Name Committee are attached for your review. No conflicts with City grid system are noted. 6. The final plat is consistent with the approved preliminary plat and complies with all requirements set forth in the conditions of approval. 7. The final plat complies with all provisions outlined in the Meridian City Ordinance. 8. Applicable easements are shown on the final plat. 9. The final plat and plans comply with acceptable engineering and surveying practices and local standards. 10. The open space lot at the end of W. Charles Street has been eliminated (as discussed during the hearing process). The open space lot (set aside initially for sewer and water connection) has been removed (as discussed with City Staff) because it is longer needed or required for utility connection. Sincerely, BRIGGS Van Cc: Benchmark Land Company 961016-7-2 Tumberry Subdivision 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 FROM DEVELOPMENT SERVICES 2093642406 1997,11-12 10131 #147 P.01l02 SUBDIVISION EVALUATION SHEET Proposed Development Name TURN13FRRY ON City Meridian Date Reviewed OZJ24/97 Preliminary Stage XXX ._, Final Enginew/Developer Br' gs En9 • Co. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street narne shall appear on the Met: "N- BLACK CAT w CLASSIC DRIVE" is apgravede on the plat:-~-'� ,.� & - AYRSHIRE GEWRT- r-Qvad and shall waar on the plat: PAGE ONE OF I WO The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee In order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE kGEONicY LTATAMB OR DESIGNEES Ada County Engineer Jahn Priesterr -.-A 7-e— W91e 61A7—I or Ada Planning Assoc. An urley at fl— City of Meridian Representative Date 7--211- ? 7 Fire District Meridian Representative Date NOTE: A CWy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed IIII Subindex Street Index 3N 1W 4 Section: NUMBERING OF LOTS AND BLOCKS Ta SUBS sM crrv.F1W , Z 13c- �- s A�e10 /L(� /ate ,' p;cac�c ,(%�,►L�rs� ar iat FROM :DEVELOPMENT SERVICES 2083642406 1997,11-12 10:31 #147 P.02l02 I SUBDIVISION EVALUATION SHEET Proposed Development Name T ISN City-MMAIan Date Reviewed 07/24197 _ Preliminary Stage XXX Final Engineer/Developer Land Co. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE ]NO OF TWQ CHARLES STREET" s approved and shah oMar on the ola__ 54� t- 8W Vt RAV ekrsc 94FT 15rtnT 6al(JAGGER V " ' O' Comm AVENUE" is approv and shall appear on the alai The above street name comments representatives of the ADA COUNT must be secured by the representuavc ar 1110 v"110e 111 11 461 Iwo a..v ....� officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIONMS Ada County Engineer Ada Planning Assoc. John Priester Date Ann Hurley Date City of Meridian Representative Fire District Representative Date Date NOTE: A copy of this evokod n sham must be presented to the Ada County Engineer at the tats of signing the "final plat'. oflorwise the plat wN not be signed Ill( Sub Index Street Index 3N 1W 4 Section NUMBERING OF LOTS AND BLOCKS Tffi9L W1k1.CITY.RiM FROM +I)EVELOPMENT SERVICES 2083642406 1997,11-13 16e55 #164 P.01/01 ,. ,. 0 0 .-._-_-.�..---r----- _•r.-_��--.•�-'�`-w..�.. ...,.....,,-.._�2i7-�JLL'_�•+1�_--'-_-_--------'-- A C46AI,, its . � 16 --s ' zzw 'may � '-~-� y� .�� ...��•Dr u � r� - �e •d �b�v� of m rte! WOW 56 bT L66T-Ti-j ,o 94' / I m • • s"Ov910 N is 91011 >100-18 ►� m :i4 u gN m 4 � H co 'md �R e N 'd g< Sd r r O Y U 00OOa d O m dri rA �£n N a 0)g 8a i6a LO O J o m 7r9 .Z9 .fB vt AS �� L00 ad$o (0 �R L d 00 Y U R N N Oadm!t� d roL DIV Ao n 4 d` N u; Fa Fa gRN gdd 8d 8d IR 6 510018 N 4 Rd OD 'l 8d 03 ea v� Oad c0 ulO IV m I $� N and 1 W ff N 'd g< Sd N O Y U Ovia O m dri 7r9 .Z9 .fB vt AS �� L00 ad$o (0 �R L d 00 Y U R N N Oadm!t� d roL DIV Ao n 4 d` N u; Fa Fa gRN gdd 8d 8d IR 6 510018 N 4 Rd OD 'l 8d 03 ea v� Oad c0 ulO IV m I $� N and 1 • • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss COUNTY OF ADA ) I, fF ame e (!:�)uetjz e R G S?o KJ, 6 lack eA-t- /a a J Address e -R 14 ' a A) , -rd Q h O , being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to �._.xZ � c�S F�J G � }Je�e� N� ,laL. l 111 S • c�NA� �� 6a0, ��sE, � �. (name) (address) 83'7c�5 to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmlQss from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of (Signature) SUBSCRIBED AND SWORN to befoI me the d�y and year first above written. -.*i ,�,pTA/e r •.� Notary P • Residing at pot% ulna" C, p Z• �' U B L� My Commission Expires: •,%9�,F U F 1Q �,,,, 3 p R b A' .............. r rrwrrur rrrrurr i o rrrrrrr '�' 0 $pp�� t�! � �� b ��9��s�C�a�2i��Iiat�9�9�g�i�5i��i�� ■i1��tlx�a�ti��:'S'�.� � � Rs AI's asRa .� s R fill �$�� b b` � � �� a b� �suaaasaeeEs88E8�BE8�68836A8A8�sS93�D9�6E8$$ a g 1 14 Ile 1z'NP§>§§s!1 va_ ��seeaee3533393834�l59�33�l9'lR'J .—q z � Q x n �, ovou ivo )av w wYoN R ?w . _ — ...i �RKm r _ _pts . + + ^� zr� + / • :arse s — —,Bf OS9 —,or, `0.60.00 S _ W wriri i .ilsoo i O jwvw- M.y r w C m n n � � 8 s � 1° • � n pr fr � N ; J1 r Ae7n N �m 3 IL M d p 04 'v N 6 Jymp x R n.� a m ay a a n q y,g3 r Hip N G� G EI N n _ • s .� _ _ b ti �� 0 WARRANTY DEED 9009$ For Value Received JEAN L. BIDONDO and BARBARA BIDONDO, husband and wife the grantors , do hereby grant, bargain, sell and convey unto EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife the grantees, the following described premises, to -wit: The NE4 of the SE4 of Section 4, Township 3 North, Range 1 West Boise Meridian, Ada Count, State of Idaho, except a strip of land 2.27 chains in width Off of the South side of the above described tract. Together with all water and ditch rights appurtenant thereto. K3 C_') viz TO HAVE AND TO HOLD the said premises, with their a n their heirs and assigns forever. And the said Grantorsdo unto the said Grantee premises are free from all incumbrjncesres, with the said Grantees , that t he y are the owner s in fee simple of sa de pbernisesnathatosaa,id and that a Y. will warrant and defend the same from all lawful claims whatsoever. Dated: 1973. STATE OF IDAHO, COUNTY OF ADA On this / r day of June 19 before me, a not aQy public in and for said State 7 appeared ,personally Jean L. Bidondo and Barbara c:,) n o , STATE OF IDAHO, COUNTY OF I hereby certify hat this instrumen the request of as filed for record at V at mine eCh s past this ,�° ? %S o'clockom., day of co t� G � Y PO a+A LOCK O p� W 9 ;g , A Ow. �M J 7C O �: A + i■A N O J rgyo .A1 .l jy' oai N A N N w� p N �-• oC N N m + 0 CY 0. 0. i (A Q. Cg$S 08 '� � 00 0 ,1� o ~ N og 0) v N.� W r�O N o �' tiM 1r q6u W �I 92 N ♦ Ln /n N� N �g e CO S, AY mp` ar o er e s. Sim to OD sQ ` 0 A Ww N Ln M' �• V I �• 2�1 s++ W „ IA N ; 100 �y JN� , N 0 a0 Si n+ N W Q~ Ln CD m G a ,HW 0 70 r r p 0 N 7C g �M J 7C O �: A N N O J W oai N j N w� g~� tyl w e� ,.. o- b• ,w p- 0N�p�W Y YM ah x BLOCK 3 N � OIIS�AC�ES NOV 18 197 16:50 PAGE.02 September 30, 1997 _ File: 30-608203 Pacific band Management 16325 SW Boons Ferry Road,jSuite 203 Lake Oswego, Oregon 97035 Attention: Mr. Randy Clarno SUBJECT: Supplemental Geotechnical Investigation and Installation of Groundwater Monitoring Wells Turn Berry Subdivision Meridian, Idaho Dear Mr. Clamo: Pursuant to your request and: authorization, Kleinfelder, Inc. has completed its supplemental geotechnical investigation of the subject site. The brief attached report summarizes our findings and conclusions pertaining to this study. Findings and conclusions of this study are intended to supplement findings and conclusions presented within the referenced preliminary geotechnical investigation report. In general, subsurface conditions encountered and documented during our supplemental study coincided with conditions encountered during our preliminary investigation. The surface soil corxksted of silty sand to silty clay which is underlain by moderately to highly cemented silty sand. Dense cobble gravel and sand was encountered below the cemented silty sand. In the three test pits excavated, a freewater surface was encountered at nine to nine and a half feet below the existing grotand surface. One percolation test was performed in test pit #1 at a depth of six feet. The test was performed per IDHW standards. A stabiGized percolation rate of five minutes per inch was measured. AA3060820313067t,106.doc Page l of 3 September 30, 1997 Copyright 1997 Kleinfelde;, Inc. NOU 18 '97 16:51 PAGE -03 Based upon the findings ; of this supplemental investigation, the conclusions and recommendations presented in! the referenced "Preliminary Geotechnical Investigation Report" remain valid and applicable. As indicated in the referenced Preliminary Geotechnical Report, report traffic loading is anticipated to be light. Based on actual R -Value data obtained for the subject site, the recommended flexible pavement structural section dimensions have been revised per minimum ITD road consitruction standards. It was assumed that all roads within the subdivision will be maintained!by Ada County Highway District. Pavement Structural Section *Preliminary Flexible Pavement Section **Rigid Pavement Section Roads Asphz t 3 inches 6 inches Base 1 6 inches Subbase 12 inches * Based on Asphalt Institute (MS -1) **Based on American Concrete Institute (AC1 300R) Placement of the structural siection and subgrade preparation should be performed per the recommendations of the referenced report. Due to an actual R -Value of 24 versus a previously assumed value of 10, the structural section dimensions have been reduced. It is anticipated that the revised structural section Mill lead to reduced construction costs for the proposed roadways. A A :0060820313067 L 106.doc Copyright 1997 Kleinfelder, Inc. Page 2 of 3 .1 ... , - 1... . .1, r NOV 18 197 16:51 September 30, 1997 i We appreciate the opportunity Ito have provided this service for you. If you have any questions regarding this study or the previous study, please contact us at (208) 376-9700 or fax at (208) 376-9703. Respectfully submitted, r KLEINFELDER, INC. Daris E. Bruce, P.E. Staff Engineer J. u Bas , 'Project Engineer �.�,.�..• �.�-�.,,c../Cis � Joseph J. Squire I Area Manager, Idaho r 'A :00608203U 067L 106.doc :Copyright 1997 Kleinfelder. Inc. Page 3 of 3 September 30. 1997 NOV 18 197 16:51 PAGE.05 Proposed Subdivision I I 1 � Iru ,od(� . • � un n�ATTEo I a( IrPilpJ 1411m l ael.eo�w I _ � —�� _ - N �tZl'SS' ♦ IS2Z Ii w.ws� ^OJIY. 1 War •••M arlJf ai1Jf J • r' .•�' «•t • aw•! ariaf aarif WJ• :M'Y .all" 4At9C Aarlf �. a . a.r• t I • I I th]I Jr + .. . 11' \.NJV a .r•f Yb\! \W• \O•V \tea. Wr +ate■f • � • raaaJ ■ aal/t 1 .-;.. , J asw t airJa s pail r ani as " J• aI sa arI ! w•f .41Wf ...aN •.a Jp`. I \JlJf 9IMVAAY SM7 Ja • a•aiJf 4N•f yr. , W aar • f O :, • ►raf WJJf ! up•f • arrl a tlfa AU+•r 1 1 arrr UY• , wNf I. IL w•aa I \w.f J' 1 , e a•N•f aJw•t 1 r ` I•Si�ip� 7aaf 7 p \ra■a f i \ �az{ I filar + • I Nwia f f arr IF:• IT- - NIMf ts"f us"f ■ . 71 WJJf arr CE6 aiV:/ at a 1 1 ••JN r aW f a4 Y \Naa f • • ILOl, Ad 1 • _ I 1 W. f 1 INn•f 4woIf >< r , >f OGafOa (JIi9{1r \r• aM f aaai\ r &AR III.:. a n as wi I f Mj f Mar • !/114-1 (Nr F as 1 JaW slJrtaalyl/-NIIM / a i 1 fJ•• t ►.-• rNJi• r • awJ •� ate• Y •• r lfYf \!aa aNN• (—_ �- — �Or•/INIIDr7 Glrlf ,_ � �!',� .par � 1 1 •J.4ar Wr y,JI +M••f 1 aaMlf \M/! aM.V NM/V Y7•Y •• ` I� �•J�.• \ faLJaf , MflGl •O/OY( I ` ' s area/. (ween I � e� wla(La m.w Denotes test pit location Nib -- Denotes test boring location U&PLATTEo .� 1 iNEELDER 30-6082-03 NOV 18 197 16:52 SITE PLAN Tumb-rry Subdivision SCALE: As Noted Date: 9-29-97 PLATE: PAGE. o6 0 2 3 4 6 -9 Q 9 10 If 12 13 14 0 2 3 4 6 7 9z a 10 If 12 DESCRIPTION TEST Prr i SANDY CLAY (SC): Brown, medium stiff, damp SILTY SAND (SM): Rad -brown, medium dense to dense, moist, moderately to strongly cemented GRAVELY SAND (Gp_Sp): ytjl0W.hVwn' dense Moist, medium coarse gained sand T99 Pit terfWnead at 10' DESCRIPTION TEST PIT 2 SANDY SILTY CLAY (CL): Red -brown, soft to medium stiff; moist I SILTY SAND (SM): Lion brown, medium dense to dense, moist, I weakly cemented becoming strongly cemented with depth GRAVELY SAND (GP -SP): Yellow-brown/ten, dense. moist Test Pit terminaftd at 101 13 14 1:'KLE1NFF_LDER LOG OF TEST PITS 1&2 PROJECT NO. PLATE LOG 304M-03 RMARM OY' DO Turn Berry Subdivision Y JM DAM- zq 14972 NOV 18 '97 16:52 PAGE.07 1 t ; o � 2 3 4 i � s i w 6 c5 s 9 10 ' ll 12 i 13 1 14 I i_ DESCRIPTION TEST PIT 3 SANDY CLAY (SC): Red -brown, soft, damp to moist SILTY SAND (SM): Light brown, dense, moist, moderately6mented becoming strongly cemented with depth GRAVELY SAND (GP -3P): Yellow-brown, dense, mast, medium to coarse gained sand Test Pit terminated at 10' I! KLFINF MA - LOG OF TEST PIT 3 PROJECT NO. 30-6082-03 PP -D REDBY: Ds Turn &rtYSubdivision - - DATE, SWcuba24, 1997 CHECKED 81', iPB DATE Sep -AW 29. 1997 - NOV 18 '97 1653 PLATE 3 PAGE. 08 e i I KLEINFELDER 0 DESCRIPTION Boring Number 1 1 SANDY SILTY CLAY (CL) B / d b 0 2 3 4 j 6 7 !�8 9 li !0' 1J i 12 ! 13 � 1 14 1 1' 1 i 0 i; r.i 2 .. 1' 3 4 _ s ` v 'I i d 9 — 10 11 _ 12 '1 i 13 - 14 rows re - rown, tnedluum snfl» damp to moist, � One grained sand ! SILTY SAND (SM): Light -brown 1 red -brown, medium dense, moist, coarse and fine grained sand, grades to light -brown in color _ SILTY SAND (SM): Brown, dense, moist Drilled to refusal at 4=10", no freewater surface encountered, i no sidewall caving ! I DESCRIPTION Boring Number 2 SANDY SILTY CLAY'(CL): Red -brown, soft to medium stiff, moist, fine sand -- f SANDY SILTY CLAY (CL): Yellow-brown, medium stiff, moist, fine sand _- - SANDY SILT (ML): Yellow-brown, medium stiff, wet, fine grained sand. P1=12 - , SILTY SAND (SM): Red -yellow, dense, moist, fie and coarse grained,sand -� ,_....._ ._ 'Drilled to refusal at 4'-S", no freewater surface encountered,�«��-�' no sidewall caving PROJECT NO- LOG OF BORINGS NO. I & 2 30-6082-02 PROJECT NAME: TURNBERRY I_PRFPARED BY. D. Brune DATE July 9. 1997 SUBDNISION REvrEwED BY. 1 P. smian DATE July 9, 1997 NOV 18 197 1653 1 PLATE 3 PAGE. 09 I0 0 2 3 4 IF 1 .9 7- 1 to It 12 13 14 0 L 2 3 4 9 10 it 12 13 14 PROJECT NO. 30-6082-02 PROJECT NAME: TURNBERRY SUBDIVISION NOV 18 '97 16-53 cc (4011a fl. IV- KLEIN FELD Elt !DESCRIPTION Boring Num* 3 SAND (SM): Red -brown, medium dense, moist fire grained sand �IILTY SAND (SM): R ed -yellow, medium dento d' an, moist coam ,and fiajBrained sand Drilled to refusal at Y-6", no iwwiiter ;"o; encountered, nosidewall caving iDEWRf"ION Boring Number 4 SANDY SILTY CLAY (ML -CL): R�&& medium sbft, 12ELmoiq Wel SANDY "-'- CLAY (SQ: Olive -brown / black, stiff, moist- I SILTY CLAY (CL): Olive -brown /gray, stiff, moist. Drilled to refusal at 3, no freewater surface encountered, no sidewall caving LOG OF BORINGS NO. 3 & 4 PLATE MPARED BY: D. once DATE My% 1997 4 MWEDBY J. P. Bmawn DATE J* 9, IM PAGE. 10 PROJECT NO. 30-6082-02 PROJECT NAME: TURNBERRY SUBDIVISION NOV 18 197 16:54 • I 1 � KLEINFELDER DESCRIPTION Boring Number 5 SILTY SAND (SM): Yellow-brown, dense, damp, fine grained sand 'TINAND ESYSII.T{MC): llo Yew-brown,..dease...Wet, 7' fine grained sand with occasional coarse grains. pas mg Q Sieve. some pl8�s gilled to refusal at 3; no freewater surface encountered, no sidewall caving I I DESCRIPTION Boring Number 6 SAND NILT (ML): Red -brown, soft to medium stiff, moist, medium to t'Me grained sand with occasional small gravel — SILTYSAND _(S h4)Yellow-brown, moist to wet, coarse and fine grained sand with occasional gravel I Drilled to refusal at 4, no freewater encountered, on sidewall caving — i i I ! i f LOG OF BORINGS NO.5 & 6 PLATE PRMREDBY• D en,w AAT(; July 9, 1997 S �M WEDSY: J P. &Sia, DATE July 9, 1997 `' PAGE. 11 0 ' I 2 4 s 'c 8 9 j 10 11 12 1 13 I 14 0 1 I 2 3 4 9.6- ic= 5 y 9 10 i I1 32 13 s4 ' • W KLEINFELDER ESCRPTION Boring Number 7 UTY SAND (SM): Yellow-brown, medium dense, damp to moist SFY SAND (SM): Yellow-brown, dense, moist, moderately cemented Di'71ed to refusalat 4' -- -• .. �__— _ , no freewater surface encountered, no sidewall caving i _ - t - 1 t I PROJECT NO. 30-6082-02 PROJECT NAME: TURNB,ERRY SUBDIVISION - Boring Number $ SILTY SAND (SM): Olive -brown / brown, medium dense, damp to moist, rootlets common SILTY SAND (SM): Yellow-brown, medium dense to dense, moist. fine gained sand with occasional coarse gains. 39.2% Passing the No. 200 Sieve. Drill to refusal at 4, no freewater encountered, no sidewall caving I 1 I ' i i 1 i LOG OF BORINGS NO.7 & 8 PLATE PRV,090BY: D. Broca DATE Jo , 9. 190'1 REVIE�Vl:p BY: � P. Bmim • • .. ... DATE July 9. Im 6 NOV 18 '97 16:54 PAGE.12 UNIFIED SjOIL CLASSIRCATIQN SYSTEM i KLEINFELDER PREPARED BY: DATE CHECKED BY DATE- NOV ATENOV 18 197 16:54 NFWE No free water encountered NOTE: The lines separating strata on the logs represent approximate boundaries only. The actual transition may be gradual. No warranty is provided as to the continuity of soil strata between borings. Logs represent the soil section observed at the boring location on the date of drilling only. BORING LOG LEGEND PROJECT NO. PLATE 2191 TOTAL P.13 PAGE. 13 i*jrnberry Subdi\obion Vicinity Nbp/zoolo6r- I's IN s 10 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD November 9, 1998 0 HUB OF TREASURE VALLEY 40 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - Fax (208) 887-4813 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Turnberry Subdivision # 1 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Street Lights have been installed by the developer in Turnberry Subdivision # 1. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The twelve (12) street lights are located at: Lot 1 Block 3 N. Black Cat Road & W. Charles Street - 250w Lot 12 Block 6 W. Ravenscroft Street & N. Bonallack Avenue Lot 8 Block 6 W. Ravenscroft Street & N. O'conner Avenue Lot 4 Block 6 W. Ravenscroft Street Lot 2 Block 7 N. O'conner Avenue Lot 3 Block 8 N. Bonallack Avenue Lot 10 Block 5 W. Charles Street Lot 5 Block 5 W. Charles Street Lot 2 Block 5 W. Charles Street Lot 18 Block 5 W. Classic Drive & N. O'conner Avenue Lot 11 Block 3 W. Classic Drive Lot 4 Block 3 W. Classic Drive See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely William G. Berg, Jr. City Clerk UNPLATTED . rw I'? M 10) 0 I 1/4 cor. 9 OCK ♦ I Y BLO 3 t I t 3 12 11 1 •' I 7 V: ` o e b Zc! Is i 1 CLASSIC DRIVE `•/ �.. `tt ! I stub—A 1-2" Pri.' ----- ,�' 19 to i 77 C to B- l i I rS -` 1 t5 0 O < BLOCK 3 -• U I a 2 3 a 9 6 7 e - .a t`` o i l North C 1_01�b \"� c 3 m( I W E 9 f W.-CMARLES' STREET r ,`�� 1 � V stub—B1 Q 1-2" Pri.-__________ _____ ---- -- -'12 I I 1 B ; , -��;` BLOCK K - j m=2 7 , I I_ x. :-ARLES�S R_E-� I 2 i W J 3 I a 3 "Y 3 J 3 1 _ - 1 i BLOCK; B y =LaCKI 7 ¢ 9 t z BL CCK /F-25 i s - la -=--mac 40K "stub—C; i s 1-2" 2-2" Sec. stub—C BO 'CS 2 BLOCK 16 NOTES: Primary cable is 1/0 al 12.5 kv in 2" conduit W CS --1 W A—phase B—phase 25O dATT KP. S. s. L. (�) C—phase too WAT-v- I kP_5. S. L. Conduit Secondary cable is 3sc40 in 2" conduit except runs to CD-1a.CD-1e.CS-2a, and CS -3d which are 3sc35 in 3" conduit secondary -------------- a 3 n.ri r� o Iinn l C Previous Plat Map No. Tax Kv. 0 0/ Type Pole/ Wire Feeder Code U Trench Ft. Ft. Ft. Feld Location: Meridian Dist. office: Western L; ^ - s Job Title: Turnberry Sub. #1 Job Desc: U.G. to 61 Lots Work Req. No. c97120' �. Voltage: Const. 12.5 kV Op. 12.5 kV Feeder—No. BCAT-014 Date State Ip County Ada Us-_ No. iBY Estimated geb 12-23-97 Completed Section 4 Township 3N Range 1 W Me -cion Plat Map Fdr. Map Plat Map No. (R—FILE) 2875-15 Work Order \c. Entered NA R/W Permission Govt. M U. Hwy. J.U. 0 0 0 0 0 Funct. Location W. Order Feeder Map (F—FILE) LCST4405 Map 45 217 —_32 OAHO PO Wy CO. WORK ORDER MAP : ° 200 jai'.:Sheet �1 Of ,, • • j?FcElV-q) JUN 22 1998 CITY OF MERIDiAIJ 0 0 ELECTRICAL PERMIT Issued: 10/09/98 Permit No: 13930 OWNER/APPLICANT ------------------------ PROPERTY LOCATION ------------------------ BENCHMARK LAND COMPANY | 1 TURNBERRY SUBD. 161069 N.W. CORNELL RD. STE 1680 | BEAVERTON, OR 97006 | Lot: Block: Long Legal: 5603/670-5437 | Sub: T: S: | Parc No: | CONTRACTOR----------------------------- DESIGNER --------------------------------- ALLOWAY ELECTRIC | 1420 GROVE ST. | BOISE, ID 83702 | , 208/344-2507 | 000/000-0000 | PROJECTINFO -------------------------------------------------------------------- Prj Value: $137425.6980 | Temp Service: Pr' Type: STREETLIGHTS | Residential Service: Occ Type: COMMERCIAL | Number of Rooms: Occ Grp: Occ Load: | Electrical Heat: Cnstr Type: | Number of Circuits: Land Use: |Othmr:STREETLIGNTS PROJECTNOTES ------------------------------------------------------------------- 11-100 WATT STREET LIGHTS AT L12 B6, L8 B6, L4 B61 L2 B77 L3 B87 L10 B57 L5 B57 L2 B5, L18 B57 L11 B37 L4 B3, 1-250 WATT STREET LIGHT AT CHARLES ST ENTRY. SIGN LIGHT AT L2 B3 PROJECT FEES ASSESSMENT --------------------------------------------------------- Amount Paid: $197.00 TOTAL ELECTRICAL FEE: $197.690 Balance Due: $60.00 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: . HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor Date: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION RWEIvED NOV - 5 1998 CITY OF MERIDIAN I have inspected and approved the electrical wiring and associated components for Z Z— street lights in a 12 N lZ e. v,r4 'S'fA L, . Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector C:\OFFIM- WPW IN\GENERAI.\ELECINSP. MMO 1 © N Lbel-1-88 L _P214, AID PAGE. 01 T N Vr� v_ ♦r V r O Z OCT 08 '98 13:01 0 UNPLA TTED 9 OCK a 5 W BLCCK 3 t3 t2 tt e stub–B1 1-2" Pri. stub - 1 -2" 1 • NOTES: " Primary cable is 1/0 al 12.5 kv in 2" conduit CS– A–phase B–phase 260 OATT N.P.S. 9.L. (t) C–phase tO0 WA's- 11.25. S.L. (ll) Conduit Secondary cable is 3sc40 in 2" conduit except runs to CD-1o.CD–le.CS-20, and CS -3d which are 3sc35 in 3" conduit secondary -------------- USTIC�: E 2 W T43 I 1/4 cor. stub - 1 -2" 1 • NOTES: " Primary cable is 1/0 al 12.5 kv in 2" conduit CS– A–phase B–phase 260 OATT N.P.S. 9.L. (t) C–phase tO0 WA's- 11.25. S.L. (ll) Conduit Secondary cable is 3sc40 in 2" conduit except runs to CD-1o.CD–le.CS-20, and CS -3d which are 3sc35 in 3" conduit secondary -------------- /F-2 40K L- 1 io ��- . Previous Plat Map No. Taxp Pole/ Wire Feeder Code KV' /,U Type Trench Ft Ft. Ft. Field Location: Meridian Dist. Office: Western L;'^ ---S Job Title: Tumberry Sub. #1 Job Desc: U.G. t0 61 LOIS Work Req. c971 20 .1C Voltage: Const. 12.5 kV Op. 12.5 kV Feeder–No. BCAT-01 d BY Date State County Ds:. No. Estimated geb 12-23-97 ID Ado Completed Section Township Range Me-•aian Plat Map 4 3N 1 W Fdr. Map Plat Map No. (R–FILE) Work Order \c. Entered 2875-15 Funct. Location W. Order NA R/W Permission Feeder Map (F—FILE) Map v o 0 0" 0 LCST4405 45 217 3� DAHO PO CO. WORK ORDER MAP:7'...,0 200 ° :_Sheet 1 Of USTIC�: T43 I 1/4 cor. kN N� I / I Y i I o i Q Jt C i i North m I a W E U U r J`_r 2 I C ! /F-2 40K L- 1 io ��- . Previous Plat Map No. Taxp Pole/ Wire Feeder Code KV' /,U Type Trench Ft Ft. Ft. Field Location: Meridian Dist. Office: Western L;'^ ---S Job Title: Tumberry Sub. #1 Job Desc: U.G. t0 61 LOIS Work Req. c971 20 .1C Voltage: Const. 12.5 kV Op. 12.5 kV Feeder–No. BCAT-01 d BY Date State County Ds:. No. Estimated geb 12-23-97 ID Ado Completed Section Township Range Me-•aian Plat Map 4 3N 1 W Fdr. Map Plat Map No. (R–FILE) Work Order \c. Entered 2875-15 Funct. Location W. Order NA R/W Permission Feeder Map (F—FILE) Map v o 0 0" 0 LCST4405 45 217 3� DAHO PO CO. WORK ORDER MAP:7'...,0 200 ° :_Sheet 1 Of L J 0 RECEIVED MAR 1 1998 cm OF mamN • T0'30Ud L068ZVZGOZT V ` t. — %0 A — =ry Vii . t7S:TT 861 TO 100 a W W Q 6 - IA N r,1 U TO/TO'd L068EVE80ZT 3NII JIG MET 866T -T0-100 • C� 0 BRIGGS ENGINEERING Inc. ENGINEERS / PLANNERS /SURVEYORS September 25, 1998 Mr. Gary Smith, P. E. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Re: Turnberry Subdivision Dear Gary, F7 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@csi.com PCIETVE]) OCT - 2 1998 CITY OF MERIDIAN Following are the costs associated with the sewer construction in Black Cat Road for Turnberry Subdivision. Enclosed are documents to support these costs. 1. 1888 LF of 12" sewer pipe (north of subdivision) @ $22.50/LF = $ 42,480.00 2. 5 Ea.- Standard manholes (north of the subdivision) @ $1,725.50/Ea. = $8,627.50 3. ACRD road cut permit for the 12" sewer line north of the subdivision @ $1,260.00 4. Engineering: a. Design Surveying & Engineering- $500.00 & $1,600.00=$2,100.00 b. Construction Surveying & Engineering = $1,600.00 + $2,800.00 = $4,400.00 The total costs of the 12" sewer pipe north of the Turnberry Subdivision is $58,867.50 Please call if you have any questions or need additional information. Sincerely, BRIGGS ENGINEERING, Inc. �;9� Stan McHutchison, P.E. RECEIVED SLM:fc L 8 1998 MAN Enclosure: 1. Superior Excavating payment request #3 CI1YNMEFp 2. ACHD Right-of-way permit #98-726 cc: John Knight — w/enclosure Bruce Freckleton Van Elg w/enclosure 961016\mercity-Itr18 FXcErv]ED JUN 2 9 1998 WHEN RECORDED, RETURN TO: CITY OF MERIDIAN BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. Attn: Thomas A. Sherwood 17700 SW Upper Boones Ferry Rd., Suite 100 Lake Oswego, OR 972247010 (503) 670-9300 DECLARATION OF PROTECTIVE COVENANTS,. CONDITIONS, AND RESTRICTIONS FOR TURNBERRY SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Adopted: 91998 0 xtured to resemble natural wood, stucco, of cedar, redwood, cementitious lap siding sized, shaped masonry, temason�y veneer and combinations of such synthetic stucco or plaster (Ddvit® or equal), rive rock rY materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be ,Jermitted only if specifically authorized in writing by, and in the sole 'mate alsscretion °areh otCpermitted. . However, vertical grooved ("T-1-11" type) and other forms of panelized � d ng e, concrete file, mi Roofs: Roofing material compust be of wood shake, wood sition tion sh ngle. Except for rolofs of Wood shake or olodlshingle, minimum thirty year architectural-gradeP roved b the Committee. All the dominant roofing color shall be black or dark gray unless otherwise app Y flashing must be painted. The roof shall have a minimum of a six/twelve (6/12) slope. 3.6 Gars es: Each Dwelling Unit shall incorporate an integral or attached garage ed b signed a Cto enol se a minimum of two, and a maximum of three, automobiles, unless otherwise app Y Carports are not permitted Cal colors and color schemes which will be applied to the exterior of any Dwelling 3.7 Exterior Colors: Alte must be approved in Unit or other improvements constructed trim Building Iadvance coloration of a Dwelling Unit may berepeae d on any other No combination of exterior siding and advance written Dwelling Unit within the Property withoutthewith respect to both the aesthetic desirabroval of.the Committee. In ility of the proposed such approval, the Committee's determes color scheme and the proximity of other Dwelling Units al shall hich final an'd�oncsche for all purposessubstantially e same or similar to the color scheme proposed for app 3.8 Fencing and Redoes: As used herein, "f"or "fences" means any. being parrier lant all constructed or located anywhere on the Property consisting primarily of materials other than a. Subdivision Perimeter Fences. Declarant ba hne conditions of pprovhall construct a perimeter fence exterior of this al of the City of Meridian (except subdivision property in such locations as require y for entrance or exit or where omitting suchwhich contains a portion of th sencing is permitted by the local perime ee fenlce itnshall be the A a Declarant has transferred title to any Lot responsibility of the Purchaser or Owner orted tas o keep the perimeterr fencing une Lot to maintain, repair an/or replace ciformfen. att repairs and/or replacemeractivece as dand nt shall be performed so harmonious. b. Other Owner Fences. Sight obstween.any location less than six feet behind the front wall plane three feet in height in the front yard areuring plantings such as hedges, and fences, shall not exceed as be Yline in side of the Dwelling Unit furthest from the street and the street; or less than five feet roved by the Committee, the yards facing a street on any comer Lot. Unless greater height is expressly appt and must maximum height of site obscuring plantings and/or Trellises located locat don or hmmed'ately adjacent t fee and parallel otherwise comply with any applicable ordinances. with, the exterior walls of a building are not subject to these limitations. nces shall be c. Fence Material. Unless otherwise od constructed in "good g by the Committee. fe neighbor" eighbor" style with wood cap. Wooden constructed of brick, natural stone and/or w component offences must be sealed with a ceexcessi exr wood cesor stain in harmony sively. Entry Entry monumentationl and fenDwelling c'ng nataUedtby nearby and shall not be permitted to "weather"Y or for the Declarant is not subject to the requirement of this section. 3,9 Animals: No insects, mammals, reptiles, amphibians, nlumbe of commonsh or mmon household pets may be kept ords of any Wind shall be raised, a or kept on any part of the Property, except a reasenab e boarded on any Lot so long as such preasonably the potycontrolled so as not to however: constitute any nuisance or inconvenience to Owners and other residents a. INo pet may be kept, boarded, k kind which s customarily kept, housed, elsewhere commercial purposes. nor may any pet of acaged or penned outdoors be kept or boarded on any Lot (e.g., horses, ponies, pigeons, chickens, ducks, geese, swine, etc.). n t1 t�'I 2 Rin.A o,� TURNBERRy SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS Page 4 of 24 MERIDIAN CITY *NCIL • JUNE 16, 1998 PAGE 8 Rountree: Okay thank you, any questions? Bird: I have none. Anderson: I have none. Rountree: Of staff? Bentley: Gary, have they met all your requirements and no problems? Smith: Yes they have, no problems. Bentley: Thank you. Rountree: Any discussion? I need a motion for a request either to approve or deny the preliminary and final plat for the application. Bentley: Mr. President, I move we approve the preliminary and final plat for 2.67 acres for Midtown Square No. 2. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the preliminary and final plat for subdivision Midtown Square No. 2, All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #6: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Do you have any questions of Council on that or staff? Bentley: I have a question for the attorneys, if everything is in order on this? Prior: I'm going to be in a little bit of a disadvantage here, I don't have a copy of that in my file that was provided, I don't know if you — oh, maybe it is, excuse me, but I think its best that Wayne address this because he prepared the development agreement. Crookston: Yes, I'm Wayne Crookston, I'm City Attorney for Meridian. I have gone over this development agreement probably three or four times, they've made the changes that I requested and I think it's ready to be adopted. Bentley: Thank you. Rountree: Any other questions? I need a motion. MERIDIAN CITY CONCIL JUNE 16, 1998 PAGE 9 Bird: Mr. President, I make a motion that we accept the development agreement with the Turnberry Subdivision and that the Mayor to sign and the Clerk to attest. Anderson: Second. Rountree: Motion made by Councilman Bird, seconded by Councilman Anderson to approve the development agreement for Turnberry Subdivision. ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea, Councilman Anderson — yea. MOTION CARRIED: All yea. ITEM #7: SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Questions, council or staff? Bentley: Mr. President, I would ask the same question of the City Attorney as to whether this agreement has been done as in proper order. Crookston: I'm Wayne Crookston, City Attorney for Meridian. I have reviewed this Sherbrooke Hollows subdivision development agreement on two different occasions and it is fine, it's ready to be adopted. Rountree: Thank you Wayne. Bentley: Mr. President, I move we approve the Sherbrooke Hollows Subdivision development agreement, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the development agreement for Sherbrooke Hollows Subdivision. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea, Councilman Bird — yea. MOTION CARRIED: All yea. ITEM #8: FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY SPARKLING SPRINGS DEVELOPMENT CORPORATION — SOUTH OF USTICK AND WEST OF N. MERIDIAN ROAD: • MERIDIAN CITY COUNCIL MEETING: August 4, 1998 APPLICANT: BRIGGS ENGINEERING ITEM NUMBER: 14 REQUEST: TURNBERRY SUBDIVISION LATE COMER AGREEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED LETTER L4 ! + S A �tile� All Materials presented at public meetings shall become property of the City of Meridian. • BRIGGS ENGINEERING' 1 ENGINEERS/ PLANNERS / SURVEYORS July 24, 1998 The Honorable Robert Corey, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Attention: Will Berg e -lc 0 1800 West Overland Road Boise, Idaho 83705 Voice (208) 344-9700 Fax (208) 345-2950. E-mail BEldaho@Compuse.com `'e" . A"IJ Ill,. 7 MW1 Re: Turnberry Subdivision Late Comer Agreement Dear Mayor Corey and Council Members: %yop r;� J qN The developer of Turnberry Subdivision, Benchmark Land Company, is hereby requesting approval for a Late Comer Agreement for the 12" sewer line constructed in Black Cat Road from the north boundary of Turnberry Subdivision to its terminus in the existing manhole at the intersection of Moon Lake Drive and Black Cat Road. We are asking for a Late Comer Agreement to cover the construction of the 12" sewer line, its manholes, and the engineering required to construct the project. Attached for your information is a map showing the sewer line and manholes required to complete the sewer line in Black Cat Road. All work is complete and when the final pay request is prepared at the end of the July, we will submit this information and a summary and justification of the engineering costs involved with the construction to the Public Works staff. Sincerely, BRIGGS ENGINEERING, INC. 5226 - Stan McHutchison, PE SLM:fc Enclosure: Map cc: John Knight w/enclosure Gary Smith w/enclosure Bruce Freckleton w/enclosure Van Elg w/enclosure 961016\mercity-ltr 17 10 e a 1a � 7)I M =Kars 11 a N. so IS a so no LO so" M FM MISS LAW OE HORIZONTAL SCALE r 30 e r Ir I00 sm N FM VERTICAL CALE 0 1 0 0 if /0 Iws M mu j i f 1 it i w. TALAr010E BLVD. i if �I i� i� it I m w J Ti O �z x Z W O J a Fm $ In IL o n� l'UT7 OF 13 SI IENtat : BH #/30/97 INS tl//>s0/r I" r/mm r01 apart Salt apDpt mm • • MERIDIAN CITY COUNCIL MEETING: JUNE 16. 1998 APPLICANT: TURNBERRY SUBDIVISION ITEM NUMBER: 6 REQUEST: DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED AGREEMENT CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. • BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C. 17700 S.W. UPPER BOONES FERRY ROAD, SUITE 100, PORTLAND, OR 97224-7010 PHONE 503-670-9300 FAX 503-670-9400 June 4, 1998 Wayne G. Crookston, Esq. City Attorney, City of Meridian, Idaho HAND DELIVERED c/o AMBROSE, FITZGERALD & CROOKSTON 11 West Bower Meridian, ID 83642 Re: Turnberry Subdivision, Meridian, Idaho: Development Agreement. Dear Mr. Crookston: Further to my communications to you of May 20, May 27 and May 29, 1 enclose with this communication three (3) original copies of the above -referenced agreement which have been executed and acknowledged on behalf of our firm and Mr. and Mrs. Quenzer. None of the enclosed documents have been executed or acknowledged on behalf of the City and none have been dated on the top of the first page. The text and substance of the within agreements conforms exactly with that which has been subject of my several communications to you above-mentioned. Since the within instruments will be delivered to you prior to June 11, 1998, 1 am advised by our Mr. John Knight, that you will present the within agreements for acceptance and execution by and on behalf of the City immediately. They are, therefore, being delivered to you for that purpose. On the date each (all three) of the within instruments have been executed and acknowledged on behalf of the City of Meridian, you are authorized to the insert the date of such execution and acknowledgment in the spaces provided for that purpose in the first line on the first page of each instrument. Thereafter, you are requested to forward two of the within instruments to the undersigned for delivery to the respective "Applicants" or their counsel, at which time you are authorized to effect recording of the third instrument in the official records of Ada County. We acknowledge our firm's obligation for payment of the recording fees necessary to effect recording of the within instrument with the Ada County Recorder's office (per paragraph 20 of the within agreement). Accordingly, when you are authorized to do so as above -stated, you may either: (a) effect recording and thereafter provide us with a copy of the Recorder's receipt for the recording fees based upon which we will promptly remit the shown thereon to whomever you direct, or (b) you may advise me by letter or facsimile of the amount of the Recorder's fee prior to recording, and I will see that the funds are provided to you for that purpose before recording with authorization to apply them to reimburse whomever may actually effect payment thereof upon delivery to me by mail or facsimile of a full and complete copy of the Recorder's receipt. Thank you for your continued assistance and cooperation. Sincerely, BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. Thomas A. Sherwood Resident Legal Counsel encl. c.c. Jack C. Riddlemoser, Esq. John Knight, Benchmark • • BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C. 17700 S.W. UPPER BOONES FERRY ROAD, SUITE 100, PORTLAND, OR 97224-7010 PHONE 503-670-9300 FAX 503-670-9400 June 4, 1998 Wayne G. Crookston, Esq. City Attorney, City of Meridian, Idaho HAND DELIVERED c/o AMBROSE, FITZGERALD & CROOKSTON 11 West Bower Meridian, ID 83642 Re: Turnberry Subdivision, Meridian, Idaho: Development Agreement. Dear Mr. Crookston: Further to my communications to you of May 20, May 27 and May 29, 1 enclose with this communication three (3) original copies of the above -referenced agreement which have been executed and acknowledged on behalf of our firm and Mr. and Mrs. Quenzer. None of the enclosed documents have been executed or acknowledged on behalf of the City and none have been dated on the top of the first page. The text and substance of the within agreements conforms exactly with that which has been subject of my several communications to you above-mentioned. Since the within instruments will be delivered to you prior to June 11, 1998, 1 am advised by our Mr. John Knight, that you will present the within agreements for acceptance and execution by and on behalf of the City immediately. They are, therefore, being delivered to you for that purpose. On the date each (all three) of the within instruments have been executed and acknowledged on behalf of the City of Meridian, you are authorized to the insert the date of such execution and acknowledgment in the spaces provided for that purpose in the first line on the first page of each instrument. Thereafter, you are requested to forward two of the within instruments to the undersigned for delivery to the respective "Applicants" or their counsel, at which time you are authorized to effect recording of the third instrument in the official records of Ada County. We acknowledge our firm's obligation for payment of the recording fees necessary to effect recording of the within instrument with the Ada County Recorder's office (per paragraph 20 of the within agreement). Accordingly, when you are authorized to do so as above -stated, you may either: (a) effect recording and thereafter provide us with a copy of the Recorder's receipt for the recording fees based upon which we will promptly remit the shown thereon to whomever you direct, or (b) you may advise me by letter or facsimile of the amount of the Recorder's fee prior to recording, and I will see that the funds are provided to you for that purpose before recording with authorization to apply them to reimburse whomever may actually effect payment thereof upon delivery to me by mail or facsimile of a full and complete copy of the Recorder's receipt. Thank you for your continued assistance and cooperation. Sincerely, BENCH_MARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. Thomas A. Sherwood Resident Legal Counsel encl. c.c. Jack C. Riddlemoser, Esq. John Knight, Benchmark DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of . 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called the "CITY'; BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an Oregon Limited Liability Company, hereinafter called `BENCHMARK", whose address is 17700 SW Upper Boones Ferry Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, hereinafter called "QUENZER", whose address is 4020 N. Black Cat Road, Meridian, Idaho 83642, both of whom are hereinafter referred to as "Applicant." WITNESSETH: WHEREAS, BENCHMARK is the owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described at Exhibit "A", attached hereto and by this reference incorporated herein as if fully set forth (herein called "Parcel A"), which it is intended will be developed as the first phase of a single family residential subdivision to be known, described and officially platted as "TURNBERRY SUBDIVISION"; and WHEREAS, QUENZER is the owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, lying contiguous with Parcel A, which is described at Exhibit `B", attached hereto and by this reference incorporated herein as if fully set forth in full (herein called "Parcel B"); and WHEREAS, BENCHMARK and QUENZER have heretofore entered into an agreement whereby BENCHMARK has the right and option to acquire fee title to Parcel B from QUENZER for purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION; and WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the Idaho Code entitled "Development Agreements," which provides, among other things, that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has heretofore adopted two development agreement ordinances, one of which, Zoning and Development Ordinance 11-2-416 L, applies when land is rezoned, and the other, Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also zoned; and WHEREAS, BENCHMARK, with the consent and approval of QUENZER, previously submitted an application for annexation of all the land comprising Parcels A and B requesting that the same be accorded zoning designation "(R-4) Low Density Residential District." Concurrently, BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into 118 single family residential lots, to be developed in two phases as aforesaid; and WHEREAS, in support of said applications, representatives of BENCHMARK made certain representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning Commission as to how the Subdivision would be developed and what improvements would be made as more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly adopted by the Meridian Planning and Zoning Commission captioned as follows: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 9 [3/23/98a] • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BENCHMARK LAND COMPANY APPLICATION FOR ANNEXATION AND ZONING TURNBERRY SUBDIVISION NE 1/4 OF THE SE 1/4, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO and WHEREAS, the representations made as above -stated have been, and are, reflected and confirmed by the preliminary plat of the subdivision recommended for approval by the Meridian Planning and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below) heretofore submitted with respect to development of Parcel A hereinafter described; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property and has done so as set forth in the above-described FINDINGS OF FACT AND CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid, each and all of which conditions and restrictions (herein called "Conditions of Approval") being by this reference incorporated herein as if fully set forth; and WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of Parcels A and B as aforesaid, that, among other things, the "... Applicant or its successors in interest, assigns, heirs or personal representatives enter into a development agreement ..." addressing, without limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph 12., of said Conditions of Approval and that, if annexed by the City, said Parcels A and B may be de - annexed if said Conditions of Approval are not met; and WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A and B subject to de -annexation in the event the conditions and requirements set forth in and by the Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter into this Development Agreement; and WHEREAS, BENCHMARK and QUENZER each deem it to be in their respective best interests to voluntarily enter into this Development Agreement for the purpose of complying with the requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of their land: NOW, THEREFORE, in consideration of the foregoing recitals, each and all of which shall be and are hereby declared contractual and binding; the CITY's annexation and rezoning of said Parcels A and B as aforesaid, and the covenants and agreements of the parties hereinafter set forth and described, IT IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Upon and after recording of this Development Agreement in the official records of Ada County, Idaho, each and all of the terms and provisions hereof shall run with the land, and encumber the real property, described at said Exhibit "A" and said Exhibit `B". This Development Agreement shall be binding upon, and inure to the benefit of, the City, and, for so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, all other parties signatory hereto and upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or claiming, any right, title or interest in said real property or any portion or parcel thereof whether cognizable at law or in equity. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 9 [3/23/98a] 2. Only one (1) single-family residential dwelling house having at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures and improvements otherwise permitted by an R-4 zoning classification, may be constructed upon any single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel B. 3. Each and every single family residential lot created upon subdivision of Parcel A and Parcel B shall contain not less than eight thousand (8000) square feet of land. Unless lawfully ordained by action of the CITY, no such lot shall be further subdivided or partitioned into more than one lot, tract or parcel containing less than eight thousand (8000) square feet of land. 4. No multi -family residential structures, such as, without limitation: duplex units, townhouses or patio homes, may be constructed on Parcel A or Parcel B, nor shall any part or portion of the land herein called Parcel A or Parcel B be improved in any manner, or employed in any use or occupation, not permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained shall be deemed or construed to prevent any person from employing any portion of said land for farming or other agricultural purposes prior to development thereof in accordance with this Development Agreement. 5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having or claiming any right, title or interest in the lands herein called Parcel A or Parcel B, shall commence the construction or installation of any improvements upon said property or any portion thereof unless and until such time as said party or other person shall have filed, or have caused the filing, with the CITY of "Subdivision Improvement Plans" (hereinafter called "Plans"). The Plans pertaining to each phase and Parcel respectively shall show all streets, utilities, pressurized irrigation facilities, sanitary sewer, water, storm drainage, street and similar signage and barricades, and other improvements contemplated for installation within the subdivision to be developed upon such Parcel (except dwelling units and related improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans, and the improvements subject thereof, shall be approved for construction or installation by the City Engineer. 6. All sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas lines, telephone lines, cross drains, street surfacing, street signs, cable television, other utilities and additional improvements shown or described by Plans approved by the City Engineer as aforesaid shall be constructed and installed at the expense of Benchmark and/or Quenzer (but only if Quenzer, remains in title to Parcel B), or their respective successors in interest, or any other person which or who obtains such approvals, causes such improvements to be made, and/or ultimately applies for acceptance and approval of any final plat effecting subdivision of Parcel A or Parcel B, as the case may be. 7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a manner consistent with the requirements of this Development Agreement which plat is by this reference incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of the Plans for Parcel A and Parcel B respectively, said Plans shall each and all be deemed incorporated in and made a part of this Development Agreement for all purposes. 8. Unless otherwise permitted or approved in writing by the City Engineer, all improvements depicted by the approved preliminary plat and final plat which pertain to Parcels A and B respectively, and all improvements subject of the approved Plans pertaining to each of said Parcels, shall be constructed and installed in strict conformity with said preliminary plat and Plans. 9. Any party or persons who intend to engage in construction or installation of any improvements subject of said preliminary plat and final plat, and/or any such approved Plans shall provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion or portions of said improvements such party or persons intend to construct or install and the time schedule therefor. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 9 [3/23/98a] If the construction or installation of any such improvements will be accomplished in phases, the party or persons constructing or installing the same will construct any temporary facilities or improvements the City Engineer may deem reasonably necessary as a result of such phased construction or installation. 10. Following completion of the construction or installation of any improvements, or such portion(s) of any improvements, as are required to complete development of Parcel A or Parcel B respectively in accordance with this Development Agreement, the party or persons responsible for construction or installation thereof shall notify the City Engineer that such improvements are complete and request his inspection and acceptance thereof on behalf of the CITY. If, upon or following inspection of such improvements, the same are accepted by the City Engineer, the party or persons obligated to construct or install the same under this Development Agreement shall be deemed for all purposes to have fulfilled such obligations. Otherwise, such obligations shall not be deemed satisfied. 11. Following completion of construction and installation of all improvements required with respect to the subdivision of Parcel A and Parcel B, each and respectively, and acceptance thereof by the City Engineer, the Applicant or other party or persons developing such Parcel shall cause "Corrected" (i.e. "as built") versions of the Plans pertaining to such improvements to be prepared by a Registered Professional Engineer and provide the same or a duplicate mylar copy thereof to the CITY. Said "Corrected" Plans shall depict the actual constructed location (both horizontally and vertically) of all water and sewer lines, all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the extent the latter have been.installed as part of the development of any individual lots), all street, sidewalk, curb and gutter alignments and grades, etc. Said "Corrected" Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans truly and accurately depict the locations and characteristics of the various improvements subject thereof. 12. If, after construction or installation of an improvement necessary for the development and subdivision of Parcel A or of Parcel B is begun, the City Council shall make a finding, duly entered in the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this Development Agreement to construct or install such improvement has failed to complete construction or installation of a portion or all of such improvement without reasonable justification (lack of necessary financial resources shall not constitute reasonable justification), and (ii) that said improvement must be completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the party or persons obligated to complete construction or installation of such improvement shall, upon receipt of written notice of such finding, immediately undertake all measures reasonably necessary and appropriate to commence and, within a reasonable time effect completion of, the construction or installation of such improvement in accordance with this Development Agreement. a. If the party or persons so obligated shall fail to complete such construction within a reasonable time after written notification of such Council action, and the CITY thereafter determines to complete, and completes, such construction or installation, then the party or persons who were otherwise obligated to complete such improvement, together with the owner(s) of the property served by such improvement, shall be obligated to reimburse the CITY its cost to complete such improvement at such time(s); in such manner and upon such terms as the CITY shall order after conferring, or making reasonable attempts to confer, with such party, persons and owner(s). b. The City Council shall not make the findings set forth in paragraph 12., except at a regular or special meeting of the City Council and unless the party or persons obligated to complete said improvement, and the owner(s) of the property affected by such improvement, have been notified in writing of the time and place of such meeting at least three (3) business days prior thereto and have been given reasonable opportunity to be present in person or by counsel and be heard on the merits of the proposed finding. C. Except in the event of an emergency threatening immediate harm or damage to the persons or property of the inhabitants of the CITY, the CITY shall not undertake to complete construction of any such improvement unless and until it shall have afforded the Applicant or other party or person TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 9 [3/23/98a] responsible for the completion thereof under this Development Agreement, and the property owner(s) who may become obligated to the CITY as aforesaid, no less than ten (10) days written notice that it intends to do so and such party, persons and/or owner(s) shall have failed to commence completion of such construction at or before the time the City or its contractor(s) shall have actually commenced work. d. The obligation for reimbursement of the CITY's cost to complete construction or installation of any improvement completed by, or at the expense of the CITY pursuant to and in accordance with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real property benefited by such improvement. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property under the Idaho Code. Said lien shall attach to and encumber said real property solely as a consequence of the terms of this Development Agreement as of the date and time the notice(s) described in subparagraph c., immediately above shall first be delivered to a party, person or owner entitled thereto. 13. a. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel A, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed within Parcel A as aforesaid. b. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel B, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the second phase of the TURNBERRY SUBDIVISION to be constructed within Parcel B as aforesaid. C. If the CITY declines to accept or approve for recording the final Plat of either phase of the TURNBERRY SUBDIVISION by reason of the provisions of subparagraphs a., or b., of this paragraph 13., or otherwise, the party or persons seeking such acceptance or approval shall have the right to appear before the CITY's City Council at any regular meeting after any such acceptance or approval shall have been withheld and shall have the right to be heard as to why such final Plat and subdivision should be accepted and approved by the CITY. The City Council shall then decide whether such final Plat and subdivision should be accepted and approved by the CITY, or may impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it may determine in the lawful exercise of its authority. In any such cases, the decision of the City Council shall be final, except that all rights of the parties or persons affected thereby shall be preserved and may be enforced by any means available to them at law or in equity. 14. In lieu of complete performance on the part of any party or persons otherwise required by this Development Agreement to perform any obligation prerequisite to acceptance and approval for recording of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting by and through the City Engineer, may accept security for the completion of performance of any such obligation on the part of the party or persons obligated to do so. Such security may be provided in the form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under section 11-9-606 C of the Revised and Compiled Ordinances of the CITY. If and when the party or persons upon whose behalf any such security is required shall provide such security, the CITY shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 9 [3/23/98a] 0 • acceptance by the CITY of the improvements for which any such security has been given in accordance with this Development Agreement, the CITY shall forthwith exonerate or release such security. 15. The CITY has requested that certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel A, and certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel B, be designed, constructed and installed in a manner intended to accommodate future service needs originating from properties not owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development (herein called "Special Improvements"). The nature and potential off-site benefits of these Special Improvements is generally described at Exhibit "C" attached hereto and by this reference incorporated herein as if fully set forth. The parties acknowledge that sound planning practices require construction of said Special Improvements concurrently with development of Parcel A and Parcel B in order to accommodate future expansion and development and that the CITY may enter into one or more "latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in - interest, in recovering some or all of the additional costs it will incur in constructing said Special Improvements. a. In recognition of the cost savings which can be accomplished by construction of such Special Improvements concurrently with the facilities to be constructed for purposes of development of Parcel A and Parcel B respectively and the impracticality or impossibility of constructing such Special Improvements separately or at a later time, BENCHMARK has designed and is willing to construct such facilities in consideration of the CITY's agreement to enter into one or more latecomer agreements as aforesaid. b. For purposes of any such latecomer agreements, BENCHMARK agrees to obtain three (3) independent, bona fide, bids for the performance of the work which will incorporate such Special Improvements from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may agree to enter into a latecomer agreement as aforesaid. c. The CITY's obligation under any such latecomer agreements shall be limited to payment of the lowest of such bids irrespective of whether the lowest bidder is in fact selected to perform the work. d. If the City fails to enter into latecomer agreements pertaining to any Special Improvements on the terms above set forth, BENCHMARK shall not be required to construct any Special Improvements for purposes of accommodating any future off site expansion and/or development. 16. The parties expressly agree that no Certificate of Occupancy will be issued for any dwelling constructed in the first phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final Plat and subdivision of Parcel A are completed and accepted by the City; or until the CITY and the and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed, and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. 17. The parties also expressly agree that no Certificate of Occupancy will be issued for any dwelling constructed in the second phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final Plat and subdivision of Parcel B are completed and accepted by the City unless and until the CITY and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 6 of 9 [3/23/98a] 9 • 18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances relative to this development, that the special conditions set forth in Exhibit "D" attached hereto and by this reference incorporated herein as if set forth verbatim all be deemed for all purposes applicable to said Parcel A and to said Parcel B. BENCHMARK further agrees to construct a perimeter fence around both Parcels A and B prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 19. Any notices required by this Development Agreement shall be in writing addressed to the party or parties entitled thereto as follows: CITY: City Engineer BENCHMARK: Project Manager: Turnberry Subdivision 33 East Idaho Benchmark Land Company, Meridian CITY OF MERIDIAN (Quenzer), L.L.C. Meridian, ID 83642 11700 SW Upper Boones Ferry Rd., Suite 100 Portland, OR 97224-7010 QUENZER: Eugene and Ardyce Quenzer 4020 North Black Cat Road Meridian, ID 83642 unless and until such time as any such party shall notify each of the other parties of any change of address for such notices. 20. BENCHMARK agrees to pay all recording fees necessary to record this Development Agreement with the Ada County Recorder's office. 21. For so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY of Meridian pertaining to development or subdivision of the land in which they claim such rights not inconsistent with the terms and provisions hereof. Said parties further acknowledge and agree that their respective properties shall be subject to de -annexation if they or their respective heirs, successors in interest or assigns who shall have or claim any right, title or interest therein shall not meet the Conditions of Approval applicable to the development, subdivision, construction of improvements upon, or uses of said land or any portion(s) thereof; this Development Agreement, and any Ordinances of the CITY of Meridian lawfully enacted in conformity therewith. 22. This Development Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. Provided, however, any other terms or provisions of this Agreement to contrary notwithstanding, it is hereby acknowledged, confirmed and agreed by and between the parties that any and all personal liability and obligations of the said Eugene Quenzer and Ardyce Quenzer arising under this Development Agreement shall be enforceable as to said parties only if, and for so long as, they shall have or claim any right, title or interest in the lands subject of this Development Agreement or some portion thereof. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed and dated the date, month and year first stated above. CITY OF MERIDIAN ("CITY") By By Robert D. Corrie, Mayor William D. Berg, Jr., City Clerk TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 7 of 9 [3/23/98a] BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. ("BENCHMARK") By Pacific Santa Fe Corporation, an Oregon By corporation, Member Gregk Hlolstreei, Member By Mark P. Rockwell, President EUCNE QUENZER ("QUEDIARbYCE L. QUENZER ("QLIZER") STATE OF IDAHO ss. County of Ada ACKNOWLEDGEMENTS On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. [SEAL] STATE OF IDAHO Notary Public for Idaho Residing at: My Commission Expires: ss. County of Ada ) i On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally a red EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, known, or proved to me, to be persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ficial seal, the day and year in this certificate first above written. .0 otary Public for Who [SEAL] Residing at: Cr—, My Commission Expires: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 8 of 9 13/23/98a] STATE OF OREGON, County of w qS hInc,, Td r2 )ss. The foregoing instrument was acknowledged before me on this day of e- 199 6 , by GREG A. HEMSTREET who is a member of Benchmark Land Com ny—Meridian (Quenzer), L.L.C., a member -managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. OFFICIAL SEAL CCOOMM SUSAPj pARRETT No Public for Oregon II SS OO 33 NOTARY PUBLIC -OREGON My commission expires: MY COMMISSION XPIRES SEPT. 2001 STATE OF OREGON, County of _ W°l5V►;^l� )ss. The foregoing instrument was acknowledged before me on this S day of _ �l oG 199, by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of Benchmark Land Company—Meridian (Quenzer), L.L.C., a member -managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. A/C OWCOMO FCKSE111. Notary Public for&6regon IMSSInu �L10-- TURNBERRY .mMy commission expires: 7 31 hl CO303479 MY 31.2001 SUBDIVISION DEVELOPMENT AGREEMENT Page 9 of 9 [3/23/98a] • EMUBIT "A" DE VEL OPMENT A GREEMENA ["Parcel A" Described] DESCRIPTION FOR PROPOSED TURNBERRY SUBDIVISION NO.1 December 8, 1997 A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range - 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the East 1/4•comer of Section 4, Township 3 North, Range 1 West, B.M., the REAL POINT OF BEGINNING of this description; Thence S 00°38101" W 650.48 feet along the easterly boundary line of said Section 4 to a point; Thence N 89621'59" W 215.00 feet to a point; Thence N 00038'01" E 15.00 feet to a point; Thence N 89°21'59" W 100.00 feet to a point; Thence S 04°30'24" W 71.92 feet to a pointe, Thence S 19°15'28" W 65.34 feet to a point Thence S 35'40'56" W 64.90 feet to a point; Thence S 51'48400" W 65.00 feet to a point; Thence S 6803648" W 67.00 feet to a point; Thence S 81 03921" W 41.60 feet to a point; Thence N 89021'59" W 521.60 feet to a point; Thence N 00038'01" E 100.00 feet to a point;.__.___._ _ Thence N 89'21'59"'W 1.57 feet to a point; Thence N 00'38'01" E 444.72 feet to a pointy Thence S 89°21'59" E 1.57 feet to a point;' Thence N 00038'01" E 100.00 feet to a point; Thence S 89°21'59" E 240.00 feet to a. point; Thence N 00°38'01" E 100.00 feet to a point; Thence N 89°21'59" W 8.38 feet to a point; Thence N 00"38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4; Thence S *21'55" E 821.81 feet along the Section 4 totheREAL POINT OF BEGINNING of this description, iot of containinthe NE g 8.23 acres, of the SE f said less. 9 ore or Michael E. Marks, P.L.S. 4998 EXIIIBIT "A" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 • EXHIBIT "B" DEVELOPMENT AGREEMENT • ["Parcel B" Described] DESCRIPTION FOR PROPOSED TURNBERRY SUBDIVISION NO.2 March 24, 1998 A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M., Thence S 00'38'01" W 650.48 feet along the easterly boundary line of said Section 4 to the REAL POINT OF BEGINNING of this description; Thence N 89°21'59" W 215.00 feet to a point; Thence N 00'38'01" E 15.00 feet to a point; Thence N 89°21'59" W 100.00 feet to a point; Thence S 04°30'24" W 71.92 feet to a point; Thence S 19°15'28" W 65.34 feet to a point; Thence S 35°40'56" W 64.90 feet to a point; Thence S 51°48'00" W 65.00 feet to a point; Thence S 68°3648" W 67.00 feet to a point; Thence S 81 "39'21" W 41.60 feet to a point; Thence N 89"21'59" W 521.60 feet to a point; Thence N 00°38'01" E 100.00 feet to a point; Thence N 89"21'59" W 1.57 feet to a point; Thence N 00'38'01" E 444.72 feet to a point; Thence S 89°21'59" E 1.57 feet to a point; Thence N 00"38'01" E 100.00 feet to a point; Thence S 89°21'59" E 240.00 feet to a point; Thence N 00°38'01" E 100.00 feet to a point, Thence N 89°21159" W 8.38 feet to a point; Thence N 00°38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4; Thence N 89"21'55" W 500.30 feet to the northwest comer of the NE % of the SE %; Thence S 00°41'48" W 1,174.79 feet to a point on the west line of the NE % of the SE %; Thence S 89°19'23" E 1,323.40 feet to a point on the line common to Sections 3 and 4; Thence N 00°38'11" E 525.28 feet along said line to the REAL POINT OF BEGINNING of this description, containing 17.46 acres, more or less. Michael E. Marks, P.L.S. 4998 EXHIBIT "B" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "C" to DEVELOPMENT AGREEMENT for TURNBERRY SUBDIVISION Meridian, Idaho "Special Improvements" Parcel A Sanitary Sewer: The sanitary sewer main line to be located in the western portion of North Black Cat Road is to be increased in size from eight inch (8") to twelve inch (12") and extended from Station 10+00.00 (as fixed and identified by the approved Sewer and Water Plan for Turnberry Subdivision No. 1, prepared by Briggs Engineering, Inc., Dwgs. "S 1" and "OS I") southerly along North Black Cat Road a distance of approximately 135 feet (to Station 8+65.00), and from Station 10+00.00 northerly along North Black Cat Road a distance of approximately 2422.34 feet to connect with an existing manhole at Station 34+22.34. The southerly extension of said sewer does not, in any way serve or benefit Turnberry Subdivision. However, and in addition to serving improvements situated on Parcel A and Parcel B, the northerly extension of said sewer main will be over sized and available to service land and developments connected thereto on the west side of North Black Cat Road, north of Turnberry Subdivision to the point of connection thereof with the existing manhole mentioned above. At such time as both of the sanitary sewer main extensions required in connection with the development of Parcel B described below is constructed, the Special Improvements described herein will further provide service to, and benefit, lands and developments lying to the south of Turnberry Subdivision which may be benefited by connection to these Special Improvements by means of the sewer main extension constructed in connection with Parcel B. Parcel B Sanitary Sewer: The twelve inch (12") sanitary sewer main line to be constructed and extended north in the western portion of North Black Cat Road in connection with the development of Parcel A as described above, is to be extended south from said Station 8+65.00 a distance of approximately 530 feet to a temporary tee type clean out (or similar device) installed at a point in North Black Cat Road located on the south boundary of said Parcel B extended eastward across North Black Cat Road. Said extension will not in any way serve or benefit Turnberry Subdivision or either Parcel A or Parcel B thereof. However, said sewer will be sized and available to service land and developments connected thereto on the east and west sides of North Black Cat Road, south of said Station 8+65.00 to the Special Improvements in sanitary sewer main lines to be installed in connection with the development of Parcel A as aforesaid as well any and all lands and developments lying to the south of said Parcel B, regardless of where situated, which may be afforded access to sanitary sewer service by reason of the construction and installation of such extension and its connection with the Special Improvements to be constructed in connection with the development of Parcel A as above -stated. EX>EMIT licit TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 W EXHIBIT "D" to DEYELOPMENTAGREEMENT for TURNBERRY SUBDIVISION Meridian, Idaho This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. The Applicant, or such other party or persons as shall be responsible to do so under the Development Agreement above -referenced, shall: 1. Construct a non-combustible perimeter fence prior to obtaining building permits and construct temporary construction fencing to contain debris along all subdivision boundaries in the case of phased construction unless the City has specifically agreed, in writing, that such fencing is not necessary. 2. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the west right-of-way line of North Black Cat Road (Black Cat Road Landscaping), except for the entryway access of Charles Street and a ten -foot -wide gravel access road at the northerly property boundary for Nampa -Meridian Irrigation District. The North Black Cat Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Black Cat Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by Applicant Benchmark that is approved by the CITY. A letter of credit, cash, or appropriate bonding for the Black Cat Landscaping is required prior to signature on the final plat; no fencing shall encroach on this 20' planting strip, located beyond required right-of-way of 45' from centerline. Landscaping shall be completed prior to obtaining certificates of occupancy. 3. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the City; the Applicant was granted such a variance for the Safford Lateral. 4. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property (see Development Agreement, paragraph 15). 5. Construct curbs, gutters, sidewalks and streets to and within the property. 6. Pay any development, latecomer, impact or transfer fees adopted by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. 9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 10. Meet all representations made by the applicant during the public hearing process. 11. Comply with the requirements of all City departments, Ada County Highway District, and Central District Health Department. 12. Timely prepare, submit, and obtain the required approval by the CITY of final plats of the project in accordance with development time requirements contained in City Ordinances. 13. Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner. EXHIBIT "D" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 MERIDIAN CITY CONCIL JUNE 16, 1998 PAGE 8 Rountree: Okay thank you, any questions? Bird: I have none. Anderson: I have none. Rountree: Of staff? Bentley: Gary, have they met all your requirements and no problems? Smith: Yes they have, no problems. Bentley: Thank you. Rountree: Any discussion? I need a motion for a request either to approve or deny the preliminary and final plat for the application. Bentley: Mr. President, I move we approve the preliminary and final plat for 2.67 acres for Midtown Square No. 2. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the preliminary and final plat for subdivision Midtown Square No. 2. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #6: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Do you have any questions of Council on that or staff? Bentley: I have a question for the attorneys, if everything is in order on this? Prior: I'm going to be in a little bit of a disadvantage here, I don't have a copy of that in my file that was provided, I don't know if you — oh, maybe it is, excuse me, but I think it's best that Wayne address this because he prepared the development agreement. Crookston: Yes, I'm Wayne Crookston, I'm City Attorney for Meridian. I have gone over this development agreement probably three or four times, they've made the changes that I requested and I think it's ready to be adopted. Bentley: Thank you. Rountree: Any other questions? I need a motion. MERIDIAN CITY C&CIL JUNE 16, 1998 PAGE 9 Bird: Mr. President, I make a motion that we accept the development agreement with the Turnberry Subdivision and that the Mayor to sign and the Clerk to attest. Anderson: Second. Rountree: Motion made by Councilman Bird, seconded by Councilman Anderson to approve the development agreement for Turnberry Subdivision. ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea, Councilman Anderson — yea. MOTION CARRIED: All yea. ITEM #7: SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT: Rountree: Questions, council or staff? Bentley: Mr. President, I would ask the same question of the City Attorney as to whether this agreement has been done as in proper order. Crookston: I'm Wayne Crookston, City Attorney for Meridian. I have reviewed this Sherbrooke Hollows subdivision development agreement on two different occasions and it is fine, its ready to be adopted. Rountree: Thank you Wayne. Bentley: Mr. President, I move we approve the Sherbrooke Hollows Subdivision development agreement, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the development agreement for Sherbrooke Hollows Subdivision. ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea, Councilman Bird — yea. MOTION CARRIED: All yea. ITEM #8: FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY SPARKLING SPRINGS DEVELOPMENT CORPORATION — SOUTH OF USTICK AND WEST OF N. MERIDIAN ROAD: PACIFt � SANTA FE June 15, 1998 Will Berg, City Clerk City of Meridian City Clerk's Office 33 E. Idaho Av. Meridian, ID 83642 Subject: CC & Rs for Turnberry Crossings Dear Mr. Berg: RECEIVE]D JUN 16 1998 CITY OF MERIDIAN Enclosed you will find an executed copy of the CC & Rs for Turnberry Subdivision on Black Cat Road for your files. This subdivision is currently under construction and is scheduled to be completed at the end of July. Please call me at 503-670-5437 if you have any questions or require additional information. BENCHMARK LAND COMPANY — Starpointe, LLC PyKnight 'Fe Corp tion, Manager &Member J Project Manager cc: Shari Stile, Meridian Planning Division \\FILE SERVER\PLM\John\files\ADMIN\LETTER.DOC 11100 SW Upper Boones Ferry Road, Suite 100 Portland, Oregon 97224-7010 503-670-9300 Facsimile: 503-670-9400 WHEN RECORDED, RETURN TO: BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. Attn: Thomas A. Sherwood 17700 SW Upper Boones Ferry Rd., Suite 100 Lake Oswego, OR 97224-7010 (503) 670-9300 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TURNBERRY SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Adopted: '1998 TABLE OF CONTENTS Article I. Definitions 1.1 "Association"........................................................................................................................................1 1.2 "Building Site".......................................................................................................................................1 1.3 "Committee".........................................................................................................................................1 1.4 "Common Property».............................................................................................................................1 1.5 "Declarant"...........................................................................................................................................2 1.6 "Declaration"........................................................................................................................................2 1.7 "Dwelling Unit"......................................................................................................................................2 1.8 "General Actions of the Association"...................................................................................................2 1.9 "Lot"......................................................................................................................................................2 1.10 "Plat'.....................................................................................................................................................2 1.11 "Purchaser"..........................................................................................................................................2 1.12 "Owner"................................................................................................................................................2 1.13 Other Definitions..................................................................................................................................3 Article II. Annexation Of Additional Property 2.1 Annexation.........................................................................................................................................3 2.2 Procedures.........................................................................................................................................3 2.3 Activation............................................................................................................................................3 Article III. Conditions and Restrictions on Uses 3.1 Buildings Permitted..............................................................................................................................3 3.2 Completion of Construction..................................................................................................................3 3.3 Building Size........................................................................................................................................3 3.4 Exterior Siding & Trim Materials..........................................................................................................3 3.5 Roofs....................................................................................................................................................4 3.6 Garages...............................................................................................................................................4 3.7 Exterior Colors.....................................................................................................................................4 3.8 Fencing and Hedges............................................................................................................................4 3.9 Animals................................................................................................................................................4 3.10 Unlawful and Offensive Activities Prohibited.......................................................................................5 3.11 Business and Commercial Uses Limited.............................................................................................5 3.12 Parking and Storage of Certain Motor Vehicles Prohibited.................................................................6 3.13 Boats and Boat Trailers.......................................................................................................................6 3.14 Campers, Recreational Vehicles and Travel Trailers..........................................................................6 3.15 Freight Trailers, Etc..............................................................................................................................7 3.16 Antennas and Similar Devices.............................................................................................................7 3.17 Underground Distribution of Services Required..................................................................................7 3.18 Recreational Equipment, Facilities and Structures..............................................................................7 3.19 Maintenance of Lots and Adjacent Improvements..............................................................................7 3.20 Temporary Structures..........................................................................................................................8 3.21 Setback, Maximum Height and Minimum Yard Requirements............................................................8 3.22 Landscaping and Decks .............................................................. .........................................................8 3.23 Signs....................................................................................................................................................9 3.24 Leasing and Rental of Dwelling Units................................................................................................10 3.25 Easements.........................................................................................................................................10 3.26 Mailboxes...........................................................................................................................................10 3.27 Water, Water Rights...........................................................................................................................10 3.28 Irrigation; Maintenance of Irrigation Pipe or Ditch.............................................................................10 3.29 Compliance With Development Agreement.......................................................................................11 Article IV. Architectural Review and Control 4.1 Improvements Defined.......................................................................................................................11 4.2 Committee Approval Required................................................................................. .......................... 12 4.3 Procedure..........................................................................................................................................12 Regulatory Amendments...................................................................................................................22 4.4 Committee Created; Membership; Appointment and Removal.........................................................12 Duration..............................................................................................................................................22 4.5 Liability...............................................................................................................................................13 Joint Owners......................................................................................................................................22 4.6 Actions of the Committee...................................................................................................................13 Lessees and Other Invitees...............................................................................................................22 4.7 Committee Discretion.........................................................................................................................13 Nonwaiver..........................................................................................................................................22 4.8 Non-waiver.........................................................................................................................................13 Notice of Sale, Mortgage, Rental of Lease........................................................................................22 4.9 Effective Period of Approval or Consent............................................................................................13 Notices and Other Documents...........................................................................................................23 4.10 Applicability to Declarant....................................................................................................................14 Addresses..........................................................................................................................................23 Article V. Turnberry Subdivision Homeowners Association, Inc. Change of Address............................................................................................................................23 5.1 Organization of Turnberry Homeowners Association, Inc.................................................................14 5.2 Successor Association.......................................................................................................................14 5.3 Powers, Duties and Obligations of Association Generally.................................................................14 5.4 Specific Powers, Duties and Obligations...........................................................................................14 5.5 Membership.......................................................................................................................................14 5.6 Transfer of Membership.....................................................................................................................14 5.7 Voting.................................................................................................................................................15 5.8 Board of Directors..............................................................................................................................15 5.9 Liability...............................................................................................................................................15 5.10 Interim Board.....................................................................................................................................15 5.11 "Turnover'...........................................................................................................................................15 5.12 Rules and Regulations.......................................................................................................................16 Article VI. Assessments and Liens of Assessments -6.1 Assessment of Owners and Lots.......................................................................................................17 6.2 Assessment of Declarant...................................................................................................................17 6.3 Payment and Collection of Assessments..........................................................................................17 6.4 Basis for Assessments.......................................................................................................................17 6.5 Notice of Assessments......................................................................................................................18 6.6 Creation of Lien and Personal Obligation of Assessments...............................................................18 Article VII. Remedies 7.1 Non -conforming Improvements; Violation of General Protective Covenants....................................18 7.2 Failure to Pay Assessments; Lien; Enforcement of Lien...................................................................19 7.3 Other Remedies.................................................................................................................................20 7.4 Notification of Lienholders.................................................................................................................20 7.5 Attorneys' Fees and Costs.................................................................................................................20 Article VIII. Property Rights 8.1 Members' Easements of Enjoyment to Common Area......................................................................20 8.2 Reciprocal Easement.........................................................................................................................21 Article IX. Miscellaneous Covenants 9.1 Invalidity; Gender; Captions...............................................................................................................21 9.2 Amendment........................................................................................................................................21 9.3 Regulatory Amendments...................................................................................................................22 9.4 Duration..............................................................................................................................................22 9.5 Joint Owners......................................................................................................................................22 9.6 Lessees and Other Invitees...............................................................................................................22 9.7 Nonwaiver..........................................................................................................................................22 9.8 Notice of Sale, Mortgage, Rental of Lease........................................................................................22 9.9 Notices and Other Documents...........................................................................................................23 9.10 Addresses..........................................................................................................................................23 9.11 Change of Address............................................................................................................................23 • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TURNBERRY SUBDIVISION NO. 1 THIS DECLARATION is made this _ day of 1998, by BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company ("Declarant"). WHEREAS, Declarant is the record owner of that certain real property in the County of Ada, and State of Idaho (the "Property"), more particularly described at "Exhibit A" annexed hereto and by this reference incorporated herein. The Property is or will be lawfully subdivided into a total of sixty-one (61) individual, buildable lots and seven individual, non -buildable lots, together with certain other easements, rights-of-way, streets and other improvements more particularly described and defined by the recorded plat to be called "Turnberry Subdivision No. 1" and WHEREAS, the land comprising the Property is part of a larger parcel of land which it is the intention of the Declarant to develop in the future in one or more phases as a residential community or neighborhood which will be commonly known as "Turnberry Subdivision"; and WHEREAS, it is the purpose of this Declaration to subject the Property and all portions thereof, and those portions dedicated to the public by virtue of recording of the Plat or otherwise, to the conditions, covenants, restrictions, reservations and easements herein set forth or described for the purpose of enhancing and protecting the value, livability and aesthetic quality of the residential development which will be constructed and occupied on the Property and the land which may be eventually included in future phases of the Turnberry Subdivision community above-mentioned; and WHEREAS, this Declaration and the conditions, covenants, restrictions, reservations and easements herein set forth and/or described shall, and do hereby, constitute covenants to run with the land comprising the Property and shall be and remain binding upon and inure to the benefit of all present and future owners of the Property and each individual lot, parcel and tract created by subdivision thereof as aforesaid, NOW THEREFORE, BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.C., does hereby declare the Property subject to the following: COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE I. Definitions As used in this Declaration the following words or terms shall have the following meanings: 1.1 "Association" means and refers to the Tumbery Subdivision Homeowners Association, Inc. formed and administered as, and for the purposes, described in Article V of this Declaration. 1.2 "Building Site" means and refers to a Lot, or to any tract or parcel within the boundaries of the Property in private ownership which consists of a portion of a Lot, or contiguous portions of two or more Lots, when and if a building is constructed thereon. 1.3 "Committee" means and refers to the Architectural Review & Control Committee formed and administered as and for the purposes described in Article IV of this Declaration. 1.4 "Common Property" means and refers to: a. Any real property or interest in real property within the Property which is owned or leased by the Association or owned as tenants in common by the Owners, or designated in this Declaration for transfer to, or acquisition by, the Association; b. Seven (7) non -buildable lots indicated as Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 5 and 11, Block 5; Lots 2 and 9, Block 6, Turnberry Subdivision No. 1, Ada County, Idaho. c. All lands lying within any public right of way within or contiguous with the boundaries of the Property, which it is now, or at any time hereafter becomes, the responsibility of the Association to manage, care for or maintain for the benefit of the public or members of the Association, or both; and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 of 24 d. All lands lying within or outside the boundaries of the Property or of any Lot or Lots now existing or hereafter created within the Property which, by virtue of the terms and provisions of this Declaration or otherwise, the Association is, or may become, responsible to manage, care for or maintain. The lands subject of the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated within or outside the boundaries of the Property committed to use for treatment, retention, infiltration or conveyance of storm or surface water accumulated or originating on the Property or any portions thereof which it is or becomes the obligation of the Association to manage, care for and/or maintain. e. "Common Property" also means personal property, tangible and intangible, of any description including, without limitation, funds, contract rights, stocks, bonds, investment receipts, securities, security interests, collateral, claims, causes of action or suit, and generally any and all interests in property other than real property, whether cognizable at law or in equity, now owned or at anytime hereafter acquired by or vested in the Association or in the Owners collectively or as tenants in common. 1.5 "Declarant" means the Declarant named above and its successors and assigns if such successors or assigns acquire all of Declarant's rights under this Declaration pursuant to a recorded instrument executed by Declarant. 1.6 "Declaration" means this Declaration Of Covenants, Conditions And Restrictions For Tumbeny Subdivision No. 1, and each and all of the terms and provisions herein contained as of the date the same is duly recorded in the official records of Ada County, Idaho, as the same may be modified, amended, supplemented or otherwise revised in accordance with the terms and provisions hereof and/or by recordation of any declaration by which additional lands or premises may be annexed to the Property subject hereof as contemplated and provided for at Article II below set forth. 1.7 "Dwelling Unit" means and refers to any building or structure located on a Building Site constructed, used, or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws and restrictions, including, without limitation, any structure or building commonly referred to as a "single family detached" residence or home. --i.8 "General Actions of the Association" means and refers to any action on the part of the Association, duly effected by vote of no less than the Owners of two-thirds of all Lots now or hereafter subject of this Declaration, which allows, authorizes or conditions, and/or restricts, limits or prohibits, any use, condition or activity affecting or within the Property and which applies to all Lots then subject of this Declaration. 1.9 "Lot' means and refers to any individually platted tract of land shown by any recorded subdivision plat or map of the Property and to any portion of the Property in private (as distinguished from public) ownership consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single Dwelling Unit has been constructed or exists. 1.10 "Plat" mean the final plat entitled "Tumberry Subdivision No. 1" LOCATED IN THE NORTHEAST % OF THE SOUTHEAST % OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO" recorded in the official records of Ada, State of Idaho, as shown by Book of Plats at Pages records of Ada County, Idaho. 1.11 "Purchaser" means the person(s) or party(ies) to whom a Lot is first conveyed by the Declarant. 1.12 "Owner" means the person(s) or party(ies), including Declarant and any Purchaser, owning beneficial title to any Lot (including the holder(s) of a vendee's interest under a land sale contract), but does not include a tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or imposed upon an Owner by virtue of the terms and provisions of this Declaration commence to exist upon acquisition of record title to any Lot by any means, voluntary or involuntary, and terminate upon transfer or conveyance of such record title by any means, voluntary or involuntary. Transfer or conveyance of title or any beneficial interest in a Lot shall not operate to discharge or release the transferor(s) from any obligation incurred as an Owner prior to record transfer or conveyance of such title or beneficial interest. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 of 24 1.13 Other Definitions Other or additional words or terms which are initially capitalized and enclosed in quotation marks the first time they appear in the text of this Declaration shall have the meaning ascribed thereto by the terms or context in which they first appear. ARTICLE II. Annexation Of Additional Property 2.1 Annexation: Declarant may, from time to time, and at its sole discretion, annex to the Property subject of this Declaration any adjacent property and/or future phases of the development now or hereafter owned or acquired by it, and may also from time to time, and in its sole discretion, permit other owners of land adjacent to, contiguous with, or in the vicinity of, the Property to annex some or all of such land owned by them to the Property subject of this Declaration. 2.2 Procedures: Annexation of such land shall be accomplished by recording a declaration executed by, or bearing evidence of the approval of, Declarant, which shall: (1) describe the property to be annexed, (ii) establish any additional or different limitations, restrictions, covenants and conditions intended to pertain exclusively to all or any portion the land annexed thereby, and (iii) declare that such property is held and will be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to the terms and provisions of this Declaration as modified, amended or supplemented by any such additional or different limitations, restrictions, covenants and conditions. 2.3 Activation. Upon recording of such declaration(s), the lands therein described shall become a part of the Property for purposes of the terms and provisions of this Declaration. ARTICLE 111. Conditions and Restrictions on Uses 3.1 Buildings Permitted: No building or structure shall be created, constructed, maintained or permitted upon the Property except upon a Building Site, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, and of permanent construction, may be erected within the building limits 1,ereinafter set forth. No "manufactured dwelling," "manufactured home" or "mobile home" shall be installed or allowed to remain on any Building Site except as a temporary shelter or office facility for use by persons engaged in construction of one or more Dwelling Units on the property during the course of actual construction thereof, or as a temporary sales office for use of Purchasers, or real estate licensees representing Purchasers, engaged in marketing of new and unused Dwelling Units constructed or under construction elsewhere on the Property. 3.2 Completion of Construction: The construction of any Dwelling Unit, including painting and all exterior finish, shall be completed within nine calendar months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to extraordinary weather conditions, the Committee shall extend the time for completion of construction stated immediately above for a reasonable period of time upon written request of the party or parties otherwise responsible for, or engaged in, completing such construction. Building Sites and streets shall be kept reasonably clean and in workmanlike order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with construction of any Dwelling Unit or other improvements on such Owner's Lot(s). No less than sixteen feet of clear width for vehicular travel on all abutting streets must be maintained to provide access for emergency service vehicles at all times during construction or installation of any improvements on any Lot. 3.3 Building Size: No single story Dwelling Unit may be erected on a Building Site unless it contains a minimum of 1,500 square feet of enclosed heated floor area intended for residential occupancy and use, exclusive of unfinished attic spaces and crawl spaces, open porches, garages, garden houses and other free standing appurtenant structures. In the case of a Dwelling Unit having more than one living level, the combined square footage of enclosed heated floor area on all living levels combined shall not be less than 1,700 square feet unless approved by the Committee. 3.4 Exterior Siding & Trim Materials: Exterior siding and trim materials utilized on Dwelling Units shall be TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 of 24 of cedar, redwood, cementitious lap siding sized, shaped and textured to resemble natural wood, stucco, synthetic stucco or plaster (Drivit® or equal), river rock, masonry, masonry veneer and combinations of such materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if specifically authorized in writing by, and in the sole discretion of, the Committee. However, vertical grooved ("T-1-11" type) and other forms of panelized siding materials are not permitted. 3.5 Roofs: Roofing material must be of wood shake, wood shingle, concrete tile, ceramic tile, or a minimum thirty year architectural -grade composition shingle. Except for roofs of wood shake or wood shingle, the dominant roofing color shall be black or dark gray unless otherwise approved by the Committee. All flashing must be painted. The roof shall have a minimum of a six/twelve (6/12) slope. 3.6 Garages: Each Dwelling Unit shall incorporate an integral or attached garage designed to enclose a minimum of two, and a maximum of three, automobiles, unless otherwise approved by the Committee. Carports are not permitted 3.7 Exterior Colors: All colors and color schemes which will be applied to the exterior of any Dwelling Unit or other improvements constructed on a Building Site must be approved in advance by the Committee. No combination of exterior siding and trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit within the Property without advance written approval of the Committee. In granting or denying such approval, the Committee's determinations with respect to both the aesthetic desirability of the proposed color scheme and the proximity of other Dwelling Units which exhibit color schemes the same or substantially similar to the color scheme proposed for approval shall be final and conclusive for all purposes. 3.8 Fencing and Hedges: As used herein, "fencing" or "fences" means any barrier or wall constructed or located anywhere on the Property consisting primarily of materials other than living plants. a. Subdivision Perimeter Fences. Declarant shall construct a perimeter fence exterior of this subdivision property in such locations as required by the conditions of approval of the City of Meridian (except for entrance or exit or where omitting such fencing is permitted by the local governmental agencies). After - :_Declarant has transferred title to any Lot which contains a portion of this perimeter fence it shall be the responsibility of the Purchaser or Owner of the Lot to maintain, repair and/or replace the fence as needed; repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. b. Other Owner Fences. Sight obscuring plantings such as hedges, and fences, shall not exceed three feet in height in the front yard areas between any location less than six feet behind the front wall plane of the Dwelling Unit furthest from the street and the street; or less than five feet from the property line in side yards facing a street on any corner Lot. Unless greater height is expressly approved by the Committee, the maximum height of site obscuring plantings and/or fences located elsewhere on any Lot is six feet and must otherwise comply with any applicable ordinances. Trellises located on or immediately adjacent to, and parallel with, the exterior walls of a building are not subject to these limitations. c. Fence Material. Unless otherwise approved in writing by the Committee, fences shall be constructed of brick, natural stone and/or wood constructed in "good neighbor" style with wood cap. Wooden components of fences must be sealed with a clear wood finish or stain in harmony with Dwelling Units located nearby and shall not be permitted to "weather' excessively. Entry monumentation and fencing installed by or for the Declarant is not subject to the requirements of this section. 3.9 Animals: No insects, mammals, reptiles, amphibians, fish or birds of any kind shall be raised, bred or kept on any part of the Property, except a reasonable number of common household pets may be kept or boarded on any Lot so long as such pet(s) are reasonably controlled so as not to constitute any nuisance or inconvenience to Owners and other residents of the Property. Provided, however: a. No pet may be kept, boarded, bred or maintained on any Lot or elsewhere on the Property for commercial purposes nor may any pet of a kind which is customarily kept, housed, caged or penned outdoors be kept or boarded on any Lot (e.g., horses, ponies, pigeons, chickens, ducks, geese, swine, etc.). TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 of 24 b. No pet shall allowed by the owner or custodian thereof run at large on the Property or to enter upon any Lot not owned by such owner, or occupied by such custodian, without the express permission of the Owner or resident(s) of such Lot. Whenever any pet is on the Property outside of the boundaries of the Lot which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or otherwise physically restrained under the direct and immediate control of its owner or custodian at all times. c. All and any damage, inconvenience or unpleasantness occasioned by the keeping or behavior of any pet shall be the responsibility of owner(s) and/or custodian(s) thereof. The owner or custodian of a pet is, at all times, responsible to immediately remove and properly dispose of wastes eliminated by such pet anywhere on the Property where the same may be objectionable to other Owners and residents thereof. d. The Association may levy fines in the event of violation of any of the foregoing provisions of this section and any losses, damages or expenses suffered or incurred by any person due to the keeping or behavior of any pet on the Property, shall be recoverable by such person from the Owner(s) of any Lot upon which such pet is present or kept with the knowledge or consent of such Owner(s) or usual residents of such Lot. e. Owners or resident(s) shall comply with all applicable City of Meridian ordinances relating to animals, including but not limited to the maximum number of dogs and cats allowed on the Property. 3.10 Unlawful and Offensive Activities Prohibited. a. No unlawful or offensive activities shall be permitted or carried upon any Lot or elsewhere on the Property by any Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of any such Purchaser or Owner. b. Nothing shall be done or placed on any Lot or elsewhere on the Property by the Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance .of such Purchaser or Owner, which constitutes a nuisance or which otherwise unreasonably interferes with _u jeopardizes the use or enjoyment of any other Lot or any portion thereof, or which is a source of persistent annoyance to other Owners or residents of the Property. c. No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or the time(s) they occur may be permitted to emanate from any Lot. d. Any losses, damages or expenses suffered or incurred by any person due to violation of any of the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who committed such violation(s) or by whom the person(s) who committed such violation(s) were invited, or suffered, to reside upon or be present on the Property at the time such violation(s) shall have occurred. The Association may levy fines on such Owner(s) for violation of such provisions. 3.11 Business and Commercial Uses Limited. Except in conformity with General Actions of the Association, and subject always to all applicable governmental ordinances, agreements and land use approvals applicable to the Property, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot (including, without limitation, operation of a day care facility), nor shall any goods, equipment, business or commercial vehicles obviously identifiable as such, or materials or supplies used in connection with any trade, service or business be kept or stored on any Lot. However, this section does not restrict or prohibit any of the following described actions or activities: a. Activities relating to the sale of Lots or the rental or sale of Dwelling Units. b. Construction, reconstruction, repair or maintenance of Dwelling Units or other improvements on any Lot or the storage or use construction materials and equipment on such Lots in the normal course of such activities otherwise conforming with the other provisions of this Declaration. c. Keeping and maintaining any business-related or professional personal library; keeping and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of 24 maintaining personal, business or professional records or accounts; engaging in personal, business or professional telephone calls or other correspondence; communicating or conducting financial, professional, business or commercial transactions by computer, facsimile or other electronic devices not requiring outdoor antennas or receiving or transmission devices, and/or meeting and conferring with business or professional associates, clients or customers, provided such activities are conducted entirely within the confines of a Dwelling Unit located on such Lot and such activities do not impair access to other Lots or use of on -street parking space abutting any other Lot. d. Parking or storage of a business or commercial vehicle obviously identifiable as such entirely within an enclosed garage located on such Lot. 3.12 Parkinq and Storaqe of Certain Motor Vehicles Prohibited. No motor vehicle in an obvious state of disrepair shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within or abutting the Property. Owners and residents of Lots shall refrain from utilizing street parking areas for purposes of parking their vehicles, regardless of condition, whenever possible - street parking areas are provided primarily for purposes of providing space for parking by guests and invitees of Property residents. a. A motor vehicle shall be deemed to be in an obvious state of disrepair if and when the Committee reasonably determines that its appearance or condition is offensive to the Owner(s) or the occupants of Lots in the immediate vicinity thereof or otherwise detrimental to the aesthetic appeal or physical appearance of the neighborhood or vicinity in which it is located. b. Should the registered owner of any such vehicle, or the Owner(s) of the Lot upon which such a vehicle is located, fail to remove, or cause removal of, the same within five (5) days following the date notice to remove it is mailed to such owner or Owner(s) by or on behalf of the Committee, the Committee may have such vehicle removed from the Property and charge the expense of such removal and any resulting storage of such vehicle, to such registered owner and/or the Owner(s) of such Lot. --=113 Boats and Boat Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no boat or other watercraft, or trailer or other separate conveyance designed or used for purposes of transportation of any boat or watercraft, shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. One boat or other watercraft may be temporarily placed or parked out of doors on a Lot as far as practicable from adjoining streets for a period not in excess of forty eight hours for the purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such boat or watercraft for use or storage following the end of such period. b. One or more boats or other watercraft, or one or more such trailers or other conveyances whether or not loaded, may be parked or stored on any Lot for more than 48 -hours if located in an enclosed conventional and attached garage or screened behind a six foot privacy fence which completely screens such boat or other watercraft from any public street. 3.14 Campers, Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no motor vehicle accessories in the nature of camper tops, camper shells or truck bed units, no self-propelled recreational vehicles or "motor homes", and no "fifth wheel' or other types of camping or travel trailers shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not in excess of 48 -hours for purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such camper or vehicle for use or storage away from the Property following the end of such period. Except as provided below, no such camper or vehicle shall TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of 24 be used for living accommodations while parked on the Property. b. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be located or parked on a Lot for more than forty eight hours if located in an enclosed conventional and attached garage or located behind a six foot high privacy fence which screens such camper or vehicle from any public street. c. One recreational vehicle or motor home, fifth wheel, camping or travel trailer may be parked in the driveway of any Lot as far as practicable from adjoining streets and sidewalks for a period not in excess of three consecutive days for purposes of providing living accommodations for guests of the Owner(s) or residents of the Dwelling Unit located thereon. However, no such use shall reoccur sooner than thirty days after the end of the last period during which such use occurred. 3.15 Freight Trailers, Etc. No freight trailer or other wheeled vehicle designed for towing by any motor vehicle and for the purpose of transporting cargo, freight, equipment, or commodities of any kind, or for displaying signs, or other advertising, shall be placed, parked or permitted to remain outside of an enclosed conventional attached garage or other permitted permanent structure located on any Lot, on any public or private street or roadway, driveway, or sidewalk within the Property. However, such a freight trailer or other vehicle may be placed or parked anywhere on the Property (except in such a manner as to interfere with, impede or otherwise endanger the safety of vehicular or pedestrian traffic over public rights of way or other areas provided for purposes of vehicular or pedestrian traffic) for the sole and exclusive purpose of being loaded or discharged in connection with, or for purposes of, delivering to or removing from any Dwelling Unit or Lot any furniture, furnishings, goods, merchandise, construction materials or other property for the use or benefit, or at the request, of any Owner or occupant thereof, or for the purposes of the construction, repair or maintenance of improvements to such Dwelling Unit or Lot, but only for so long as may reasonably be required for the purpose of such loading, unloading, construction, repair or maintenance. 3.16 Antennas and Similar Devices. Except in conformity with General Actions of the Association, no antenna, aerial, satellite dish or other device or structure designed for, or used in connection with the aansmission or reception of radio, television or other electromagnetic signals, telecommunications or data of any description shall be permitted on the roof of any Dwelling Unit or elsewhere on any Lot in plain view from any public street or sidewalk within the Property. Any such device or structure installed in conformity with the provisions of the foregoing sentence which is otherwise unsightly or unreasonably offensive when viewed from any adjoining Lot(s) shall be screened from view from such adjoining Lot(s) in a manner or by such means as may be reasonably determined by the Committee. 3.17 Underground Distribution of Services Required. Subject to conflicting provisions of any easements, covenants or restrictions of record prior to the date of recording of this Declaration, all utilities and services shall be provided to Dwelling Units and other structures by means of underground pipes, conduits or conductors. No outdoor, overhead wire or service drop for the distribution of electricity or for telecommunication purposes, nor any pole, tower, or any other supporting structure(s) associated therewith, shall be erected or maintained on any Lot. 3.18 Recreational Equipment, Facilities and Structures. Except in conformity with General Actions of the Association, no playground, athletic or recreational equipment, facilities or structures, including without limitation, basketball backboards, hoops and related supporting structures, shall permitted, installed or utilized on any Lot in plain view from any public street or sidewalk within the Property. 3.19 Maintenance of Lots and Adiacent Improvements. The Owner of each Lot shall maintain all improvements located on said Lot in a clean and attractive condition, in good condition and repair and in such fashion as not to create a fire or other unreasonable risks of damage, loss or hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, driveways, walks and other exterior improvements (including landscaping of yards and planter strips along streets abutting such Lot) and glass surfaces. a. Damages suffered by Lots and/or improvements located thereon caused by fire, flood, storm, T URNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 of 24 •. r earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to undamaged condition within the time reasonably and objecbveiy necessary in order to effect such repairs or restoration following damage. b. Each Owner shall likewise be responsible to repair damage from, and to maintain such Owner's Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto free of unsightly, unreasonably excessive, or unsafe accumulations of refuse, debris, water, ice, snow and the like. c. Purchasers and/or Owners shall plant, replace, prune and maintain street trees and landscaping as required by the Declarant, applicable General Actions of the Association and/or Committee policies or guidelines. When planted, the proposed street trees shall be a minimum of 2" in caliper and planted in accordance with the Tumberry Subdivision Landscape Plan included in Exhibit "B". The street trees shall be installed and in a healthy condition within 30 (thirty) days of the sale or transfer of a dwelling unit by the Purchasers to subsequent owners. 3.20 Temporary Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. Persons engaged in the construction, reconstruction, repair or remodeling of improvements on a Lot may place or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop facility, and/or to store or house tools, equipment or building materials in connection with such activities on such Lot and/or other Lots in the immediate vicinity. Such sheds and/or structures shall be maintained in good order, condition and appearance and must removed no later than the date the work undertaken by such persons on such Lot is completed or is discontinued or interrupted for a period in excess of fourteen days. 3.21 Setback, Maximum Height and Minimum Yard Requirements. Each Lot shall be subject to: (i) all setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public -authority or agency having jurisdiction thereof and (ii) any land use review procedures established by any public authority or agency having or acquiring the power to establish, review or grant variances from any such requirements. 3.22 Landscaping and Decks. a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the results of such efforts, landscaping and planting of all areas of all Lots in plain view of adjacent streets, sidewalks and other Lots shall be completed to the reasonable satisfaction of the Committee or in accordance with applicable General Actions of the Association, if any, within six calendar months following the date on which construction of any Dwelling Unit on such Lots is substantially completed. b. Asphalt and artificial turf is not permitted for the purpose of surfacing driveways, sidewalks or other walkways, or as ground cover, on any Lot. Professionally installed, enclosed, "sport courts." tennis courts and similar improvements otherwise conforming to this Declaration are not subject to this prohibition. c. Retaining walls constructed with, or which include, railroad ties are prohibited unless the railroad ties are fully and permanently concealed from view from any angle. d. Yard or landscape ornaments such as concrete, fiberglass or plastic animals or birds, fountains, bird baths, sculptures or figurines which are visible from adjacent streets or sidewalks are not permitted. However, architectural elements or details such as fountains or sculpture incorporated in the structure of a Dwelling Unit, permanent landscape rockery or retaining walls the design and appearance of which has been approved by the Committee including such elements are permitted. e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent streets or sidewalks is prohibited except in beds planted with evergreen shrubs. Plastic, fabric and other materials in the nature of silt fencing installed on the surface of the ground in landscaped areas or elsewhere on any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 of 24 maintained in conformity with the foregoing sentence. f. Silt fences, hay bales and other materials commonly utilized for, or which function for purposes of temporary control of erosion and/or stabilization of soils shall be removed, or replaced by permanent improvements approved by the Committee as soon as practicable and in no event later than the time landscaping is required to be completed in accordance with subparagraph a., of this section 3.22. g. Upon request of the Committee, unsightly or dying plants, trees, shrubs and/or lawns must be removed and replaced by the Owner of the Lot on which they are located unless measures are undertaken and completed to restore their appearance or restore them to a healthy and attractive condition. h. Noxious or poisonous plants of any description are prohibited everywhere on the Property unless continuously confined to the interior of a Dwelling Unit i. Ponds, pools and/or other areas which contain or accumulate standing water which result in the presence of mosquitoes and/or other undesirable pests, or which may constitute an attractive nuisance, are prohibited. j. Excessive infestations by weeds in landscaped areas and/or lawns of any Lot in plain view of public streets or pedestrian walkways, or from less than 6 -feet above ground level on any adjoining Lots, must be removed by or at the expense of the Owner or occupant(s) of such Lot. k. Unless the same has been determined to be diseased beyond cure, dead or dying by a licensed arborist or such removal is required by this Declaration or governmental regulation, order or ordinance, no tree with a trunk diameter of six inches or more at the base may be removed from any Lot without the prior written approval of the Committee. Such approval may be conditioned on replacement of such tree with a tree of such type and size, and within such time frame, as the Committee may reasonably determine. I. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers which in any way interfere with the ability of motorists, cyclists or pedestrians using streets or sidewalks abutting or in the immediate vicinity of any Lot to readily observe and safely respond or react to the presence of traffic controls, other vehicles, bicycles or pedestrians on or entering the street or sidewalks from intersecting streets, driveways or other locations, are prohibited and shall be removed or altered to eliminate such interference(s) by or at the expense of the Purchaser or Owner of the Lot on which they are situated. m. Hedges, shrubs, bushes, trees and other landscaping elements present on any Lot which hereafter develop or grow to an extent which the Committee determines unreasonably impairs or eliminates an objectively significant and desirable view or outlook otherwise available from or in the immediate vicinity of any Dwelling Unit situated on any other Lot, shall be trimmed or pruned, or if necessary removed, by or at the expense of the Owner of the Lot upon which such hedges, bushes, trees or other landscaping elements are present to the extent necessary to restore and preserve such view or outlook. n. Landscaping plans submitted for approval by the Committee shall describe or depict adequate drainage of areas to be landscaped in accordance with such plans. Surface and storm water must be directed away from buildings located on a Lot and may not be allowed to pond on such Lot. Water may flow from an uphill Lot to a downhill Lot provided no diversion or channeling results in increase or concentration of surface water flow on downhill properties. Every Purchaser and Owner shall be and remain responsible for providing and maintaining surface water flows from their Lot in accordance with the drainage patterns which existed prior to construction of any Dwelling Unit and/or other improvements on, above and below the finished grade and contours of such Lot. o. Exterior foundation surfaces, piers and exterior supporting structures for decks or similar structures extending more than twelve inches above finish grade must be sacked, sided or otherwise covered or screened from view and painted or stained to be compatible with adjacent exterior surfaces. 3.23 Sians. No signs of any kind shall be displayed to public view on any Lot unless approved by the Committee. The Committee shall develop one or more guidelines pertaining to signs advertising the availability of Lots and Dwelling Units constructed, or to be constructed on Lots for purchase, and in the TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 of 24 case of Dwelling Units, for rent or for lease. Such guidelines may be amended from time -to -time at the sole discretion of the Committee. 3.24 Leasing and Rental of Dwelling Units. No Owner may lease or rent a Dwelling Unit or any portion thereof for a period of less than thirty days. a. All leases or rentals of Dwelling Units shall be made subject of a written lease or tenancy agreement. Such leases or tenancy agreements shall provide that the terms thereof are subject in all respects to the provisions of this Declaration, the Bylaws of the Association and all rules and regulations duly adopted thereunder and complete copies of this Declaration, any such Bylaws, rules and regulations shall be provided by the Owner(s) of any Dwelling Units so leased or rented to the tenants or lessees upon commencement of their tenancy. Such leases or tenancy agreements shall further provide that any failure by the lessee or tenant to comply with the terms of this Declaration, said Bylaws and said rules and regulations may constitute cause for premature termination of the tenancy created thereby. b. If the Board of Directors of the Association or the Committee determines that a lessee or tenant has violated any provisions of this Declaration, the Bylaws or any one or more of the rules and regulations mentioned above, then, after having provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less than ten days' advance notice of its intention to do so, the Board or Committee may either (i) require the Owner to terminate such lease or rental agreement in compliance with applicable laws or ordinances governing residential tenancies, or (ii) require the Owner to provide reasonable financial assurance that such Owner has taken measures to prevent further violation by such lessee or tenant which the Board of Directors or Committee, in its discretion, finds adequate to insure that such violations will not recur. 3.25 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved on Lots as shown on the Plat. Within these easements, no structures, plantings or other materials shall be placed or permitted to remain which may damage or interfere with utilities located therein or the flow of water through drainage channels in the easements. Those portions of any Lot which are subject to any such easement and all improvements therein shall be maintained continuously by the Owner of the Lot except Tor those improvements for which the Association, a public authority, utility company, maintenance committee or other party is, or becomes responsible. Owners shall be responsible for removal of any fencing or vegetation in, or which impairs access to any portion(s) of their Lots in the event a utility company, public agency or official, or the Association requests that they do so. 3.26 Mailboxes. All mailboxes and stands will be consistent design, material and coloration as specified by the Committee, and to assure uniformity, shall be located at places designated by the Committee and or /the United States Postal Service. 3.27 Water, Water Rights. Each party accepting and recording a deed to any real property in situated within the Property now or at anytime hereafter subject of and encumbered by this Declaration, and each person who shall now or at anytime hereafter reside upon or occupy any land or Dwelling Unit within said Property shall thereby be deemed for all purposes whatsoever to have acknowledged and agreed to the following: (a) that such real property, land and/or Dwelling Unit is situated within an irrigation district, including but limited to the Nampa -Meridian Irrigation District; (b) that the water in said district has not been transferred from the Property; (c) that each Owner of a Lot is subject to all assessments levied by any such irrigation district; (d) that the Owner of each Lot shall be and remain responsible to pay any levies of any such irrigation district attributable to such Lot; (e) that said assessments are a lien upon such Lot, and (f) that each Owner and each resident and/or occupant of any Lot shall, solely by virtue of the foregoing provisions of this Declaration, be deemed for all purposes whatsoever to have fully released, discharged and waived any and all claims of any kind against Declarant, its members, its members' agents, employees, officers and directors relating to water rights for irrigation or any other purpose or purposes affecting such Lot. 3.28 irrigation: Maintenance of Irrigation Pipe or Ditch. Irrigation water, when available, will be supplied through Nampa -Meridian Irrigation District (or its lawful successors in interest) by means of a pressurized water system. Each Lot shall be subject to any License Agreements with Nampa -Meridian TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 of 24 Irrigation Districts affecting the Property. In the event of any conflict between the terms of these CC&R's and any License Agreement with Nampa -Meridian Irrigation District, the License Agreement shall control. Each Owner shall pay Nampa -Meridian Irrigation District water assessments as assessed against any Lot(s) owned by said Owner. Each Lot shall be subject to said assessments. In the event that the irrigation water system is not maintained by the Nampa -Meridian Irrigation District, then any ditch, irrigation system, or irrigation pipe situated upon or otherwise within the boundaries of a Lot shall be maintained by, and at the expense of, the Owner of such Lot, but such obligation for maintenance shall not extend to any such pipe or ditch located outside the boundaries of such Lot. 3.29 Compliance With Development Agreement. a. Declarant and the owners of certain additional real property which will eventually be annexed to, and become a part of, the Property subject of this Declaration to be known as "Tumberry Subdivision No. 2," were required, as a condition of annexation of the Property and additional real property to the City of Meridian and as a condition of approval of development and recording of the final plat of the Property and said additional real property, to enter into an agreement with the City of Meridian entitled "Development Agreement," which Development Agreement had been, or will be, recorded in the official records of Ada County and constitute a continuing encumbrance of the Property and said additional real property in perpetuity. By this reference, each and all of the terms and provisions of said Development Agreement shall be, and are hereby, incorporated in and made a part of this Declaration with like effect as though set forth herein verbatim. b. Apart from certain obligations imposed on Declarant and the owners of said additional real property which will be discharged upon completion of construction of certain infrastructure and improvements more specifically described in said Development Agreement, said Development Agreement contains certain covenants, conditions and restrictions which bind all successors in interest of the Declarant and the owners of said additional real property, including, without limitation, the Association and each and every person or party who shall now, or at anytime hereafter, become an Owner of any Lot. And, said Development Agreement further provides that failure to comply with the terms and provisions thereof may, under certain circumstances, result in recovery on the part of the City of Meridian of certain costs, expenses or damages from the parry or parties failing to comply therewith and, in addition, result in de -annexation of the Property by the City of Meridian. c. Accordingly, the Association and each person or party who shall now, or at anytime hereafter, be or become and Owner of any Lot subject of this Declaration, shall in all respects comply with the terms and provisions of said Development Agreement and perform each an every obligation of the part of the Association and/or an Owner of any Lot subject of this Declaration to be performed thereunder. ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL 4.1 Improvements Defined. For purposes of this Article and Declaration, the words "improvement" and "improvements" mean and refer all and any improvements to, or alterations of, land of any description, including but not limited to, the following: a. Landscaping except irrigation systems and shrubbery, ground cover, trees and other plantings located, installed, cared for, cultivated and maintained in accordance with the terms and provisions of this Declaration and any applicable General Actions of the Association; b. Dwelling Units, outbuildings or shelters of any description; c. Fences, walls, hedges or other physical or visual barriers; d. Driveways, walkways, sidewalks, pathways or trails visible from any public street, road or sidewalk on or adjoining the Property; e. Outdoor recreational, sports or playground facilities or structures on any Lot which are visible from any public street, road or sidewalk on or adjoining the Property and/or from any other Lot or Dwelling Unit; and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 of 24 f. Generally all and any other products or results of construction efforts or activities conducted on or with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place on a Lot for a period of time in excess of one-year and which (i) are, or result in, any significant alteration of the landscape of a Lot, or (ii) affects or discernibly changes the appearance of any building, Dwelling Unit or other thing physically constructed or installed on a Lot which is visible from any public street or sidewalk or from any other Lot or Lots or any Dwelling Unit(s) constructed on such other Lot or Lots. 4.2 Committee Approval Required. No improvement may be erected, placed, installed or altered on the Property, or on any Lot, until its exterior design and configuration; exposed elements and/or exterior surface materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similar features); exterior paint or finish colors and color scheme, and its location and orientation on the Lot have been approved in writing by the Committee. 4.3 Procedure. Before applying for any building or other governmental permit which may be required for an improvement to be made and, in any event, before commencing any physical alteration on a Lot associated with the construction, installation, removal or alteration of any improvements not requiring such permit(s), the affected Purchaser, Owner or other party shall prepare and submit such materials and information pertaining to the matters mentioned in section 4.2 immediately above as the Committee may reasonably require or request accompanied by a written request for approval thereof and full payment of any fee or charge payable to the Committee in accordance with its published rules, regulations or guidelines. a. Within ten business days following its receipt of all such materials and payment of any such fee or charge, the Committee shall use its best efforts to review the materials for conformity with the provisions of this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and guidelines of the Committee, and any applicable standards of quality of workmanship and/or materials established by the Declarant. The Committee shall assess the materials presented for harmony of exterior appearance and/or design with existing structures and improvements; for location, compatibility with __topography, finished grade elevations and contours; for potential unreasonable or undesirable obstruction of views or outlooks from other Lots, and for conformity with proper grading and drainage standards and policies. On conclusion of its efforts, the Committee shall render its written approval, decision or other response to the party who requested such review. b. In the event the Committee fails to render its approval or some other response within twenty business days after all such materials have been delivered to it for review and any such fee or charge has been fully paid, the improvements therein described may be considered approved. 4.4 Committee Created: Membership; Appointment and Removal. An Architectural Review & Control Committee (the "Committee" herein) shall be created by recording of this Declaration and shall consist of as many persons as the Declarant may from time to time appoint. a. The Declarant may remove any member of the Committee at any time and may appoint new or additional members at any time and shall keep on file at its principle office a list of names and addresses of the members of the Committee. b. Unless its existence shall have been previously extended by resolution duly adopted by the Board of Directors of the Association, the Committee shall cease to exist one year after substantial completion of all Dwelling Units on Lots which may now and hereafter become subject of this Declaration and the powers, discretion and duties of the Committee shall be exercised and performed by the Board of Directors. c. If the existence of the Committee is extended in accordance with the provisions of subsection 4.4 b., immediately above, the members thereof shall be appointed by, and serve at the pleasure of, the Board of Directors of the Association; shall consist of persons who are Owners of Lots, and shall not include any directors, members, officers or employees of the Declarant or any member thereof or any corporation, partnership or other form of business or commercial enterprise affiliated with or owning an interest in the Declarant unless such person is also an Owner of a Lot. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 of 24 • 4.5 Liability. • a. Neither the Declarant nor its members nor their agents. representatives nor employees; nor the Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any Purchaser, Owner, resident, occupant, tenant, lessee or other person who may suffer or claim any loss, damage, cost, expense, (including, but not limited to, attomeys' fees), liability or prejudice on account of, or attributable wholly or in part to, any act or failure to act on the part of the Declarant or any member, representative, agent or employee thereof, or the Committee or any member thereof, or the Board of Directors or any member or agent thereof having or exercising the powers, discretion and duties of the Committee, so long as such entities or persons acted or failed to act in good faith without actual cause to believe that their acts or omissions were grossly negligent or unlawful under all the facts and circumstances actually known and understood by them at the time such acts or omissions occurred. b. Under no circumstances whatsoever shall any action on the part of the Declarant, its members or their agents, representatives or employees: the Committee or its members, the Association, or any director, officer or agent thereof, be deemed, construed or relied upon by any party or person interested in, or affected thereby, to constitute any review, analysis or approval of structural, geophysical, engineering or other technical, scientific or similar conditions or matters. c. Consent or approval on the part of the Declarant, its members or their agents, representatives or employees; the Committee or its members, or the Association or any director, officer or agent thereof, shall never, under any circumstances whatsoever, be construed as any form of representation, warranty or assurance on the part of Declarant, the Committee, the Association or any such persons respecting compliance with the requirements or provisions of any legislative enactments, ordinances, rules or regulations adopted or enforced by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied with by all Purchasers, Owners, residents and occupants of the Property regardless of any such consent or approval. 4.6 Actions of the Committee. Actions on the part of the Committee shall be effected by vote or consent -oi a majority of its members without the necessity of a meeting provided all the members thereof shall have been afforded a reasonable opportunity and are available for purposes of participating in the action. The Committee shall render its decisions in writing setting forth the decisions made and/or the action(s) taken which identifies by name the members who supported such decisions or action. 4.7 Committee Discretion. The Committee may, at its sole discretion, withhold or condition consent to or approval of any proposed improvement if a majority of the members of the Committee reasonably determines that the proposed improvement or any element(s) thereof would be inconsistent with the provisions or the intent and purposes of this Declaration; or inappropriate for the particular Lot(s) involved, or incompatible with any rules, regulations, policies, standards or design guidelines from time -to -time adopted by the Committee. Consideration of siting, location, shape, size, color, design, height, solar access, impairment of the view from other Lots, general appearance and compatibility with neighboring Improvements, effect on uses and enjoyment of other Lots, disturbance of existing terrain and vegetation, and any other factors which the Committee reasonably believes to be relevant, may, but shall not be required to be taken into account by the Committee in determining whether or not to approve or consent to, or condition its approval of or consent to, any proposed improvement. 4.8 Non -waiver. Unless the Committee shall, in the exercise of its discretion, otherwise specifically agrees or determines, consent or approval on the part of the Committee with respect to any matter proposed to it or within its jurisdiction shall never, under any circumstances whatsoever, be deemed to constitute a precedent or waiver impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter thereafter proposed or submitted to it for consent or approval. 4.9 Effective Period of Approval or Consent. Unless a lesser period is prescribed by the Committee in a particular case, Committee consent to, or approval of, any proposed improvement shall expire twelve months after such consent or approval is issued in writing as aforesaid unless: (1) construction of the work in compliance with such approval or consent has in fact been commenced prior to expiration of such period and TURNBERRY SUBDIVISION COVENANTS. CONDITIONS AND RESTRICTIONS Page 13 of 24 completed in its entirety within ninety days following expiration of such period, or (II) the affected Purchaser or Owner has applied for and received an extension of such consent or approval from the Committee evidenced in writing. 4.10 Applicability to Declarant. The provisions of this Article IV shall not apply to any improvements constructed by or for the benefit of Declarant on the Property. ARTICLE V. TURNBERRY SUBDIVISION HOMEOWNERS ASSOCIATION, INC. 5.1 Organization of Turnberry Subdivision Homeowners Association. Prior to execution and recording of this Declaration, Declarant has caused the organization and creation of a non-profit corporation called Turnberry Subdivision Homeowners Association, Inc., (the "Association" herein). The affairs of the Association shall be managed by a Board of Directors in accordance with the provisions of this Declaration, and the Articles of Incorporation and Bylaws of the Association. 5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association called Turnberry Subdivision Homeowners Association (also the "Association"). All of the property, powers and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in the successor unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association (as the same may be amended from time to time) as if they had been drafted to constitute the governing documents of the unincorporated association. 5.3 Powers, Duties and Obligations of Association Generally. The Association shall be responsible, and have the powers and duties necessary, for management and administration of the affairs of the Association generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all matters relating to all Common Property. ;D.4 Specific Powers. Duties and Obligations. Without limiting the generality of the provisions of section 5.3 immediately above, the Association shall have, exercise and perform all of the following powers, duties and obligations: a. The powers, duties and obligations granted to the Association by this Declaration, its Articles of Incorporation and its Bylaws as the same are now constituted or hereafter amended, modified or restated. b. The powers and obligations of a non-profit corporation pursuant to the general non-profit corporation laws of Idaho. c. The power and obligation to care for, maintain, construct, reconstruct and otherwise manage and control all Common Property at the expense and for the use and benefit of the Association and its members. d. Any and all additional or different powers, duties and obligations necessary or desirable for the purposes of carrying out the functions of the Association pursuant to this Declaration and otherwise promoting the general welfare and interests of the Owners. e. The Declarant and the Association may at any time contract with or employ any private party, public or quasi -public entity, or person to manage the affairs or undertake certain tasks, responsibilities and duties of the Association and may pay a reasonable fee or charge. 5.5 Membership. Upon and after closing of the sale of the first Lot to a Purchaser, the Owner(s) of each and every Lot then or thereafter made subject of this Declaration shall, during the entire period of such Owner's ownership of any Lot(s), be a member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. When more than one person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 of 24 5.6 Transfer of Membership. Membership in the Association shall be an incident of ownership of any Lot now or hereafter made subject of this Declaration, and any assignment, transfer, pledge, hypothecation, conveyance or alienation of such membership made or attempted in any way except by way of transfer of title to said Lot (and then only to the transferee of title to such Lot), shall be utterly null and void. Delivery or recording of any instrument effective to transfer beneficial title to a Lot under the laws of Idaho shall operate automatically to transfer the membership in the Association incident to ownership thereof to the transferee. 5.7 Voting a. The Association shall have two classes of voting membership: CLASS A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned, including any Lot(s) which is annexed as described in this Declaration. When more than one (1) person holds an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. CLASS B. The Class B member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned, including any Lot(s) which may be annexed to the Property subject of this Declaration in accordance with Article II. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) When the total number of votes which may be cast by the Class A membership equals the total number of votes which may be cast by the Class B membership; or (ii) On April 30, 2005. b. No lessee, tenant, resident or other occupant of any Dwelling Unit or Lot who is not an Owner shall have any voting rights in the Association. 5.8 Board of Directors. At and following Turnover, the Board of Directors of the Association shall be ,;amprised of no less than three directors. Directors shall be elected by vote of the members of the Association in accordance with the terms and provisions of the Bylaws of the Association and in the event of a vacancy occurring on the Board, the position of such director(s) shall be filled in accordance with the terms and provisions of said Bylaws. 5.9 Liability. Neither the Declarant, its members nor any directors, officers, representatives nor agents thereof, nor the Association, any person serving as an officer of the Association, any person serving as a director of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a member, of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any damage, loss, expense or prejudice suffered or claimed on account of any action or omission by or on the part of the Declarant, the Association, any such officer(s), any such director(s), or such Committee member(s), provided only that such action or omission was undertaken in good faith and in accordance with actual knowledge possessed by the entity or person. 5.10 Interim Board. Concurrently with, or immediately following, filing of the Articles of Incorporation of the Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3) directors. The members of the interim Board of Directors of the Association shall serve until replaced by Declarant or until their successors have been elected by the Owners at or after Turnover as described in Subsection 5.11 immediately below. 5.11 "Turnover". a. Not later than one hundred twenty days after the date upon which the Class B membership ceases as described above in Section 5.7, but in no event sooner than 12 -months following the date this Declaration is recorded, Declarant shall turn over administrative responsibility of the Property then subject to this Declaration and control of the affairs of the Association to the Owners. b. Turnover shall be initiated by mailing to the street address of each Lot then subject of this TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 of 24 0 • Declaration a written notice of Declarant's intent to do so effective as of a date not less than forty-five days following the date of such notice. c. Turnover shall be deemed for all purposes effective on the date specified in such notice whether or not the members of the Association at that time shall have elected a Board of Directors and such Board of Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation and Bylaws of the Association. d. If Declarant fails to provide notice of intent to tum over administrative responsibility for the Property and control of the Association prior to expiration of the period above-described, any Owner may give the notice as required by this section. e. On the effective date of any notice of the nature described in subparagraphs b. or d. of this section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned their positions as such and their successors shall be elected by the membership of the Association as provided in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Declarants possession relating to ownership of Common Property and administration of the Association as set forth in the Bylaws. Tumover shall take place notwithstanding the presence or absence of a quorum of members the Association at any meeting or assembly of Owners convened for purposes of assuming control of the Association or any lack or participation by such members in any other process or procedure initiated or conducted by any Owner(s) or the Declarant for such purposes. f. If and when Declarant has complied with the foregoing requirements of this section 5.11, unless Declarant otherwise has sufficient voting rights as an Owner to control the Association, Declarant shall be relieved of any further responsibility for the administration of the Association except as Owner of one or more Lots. g. Failure, neglect or refusal of the Association, its Board of Directors, any Committee or members )f the Association, including, without limitation, the Declarant, to administer the affairs of the Association; or to exercise its powers, rights or prerogatives; or to otherwise perform the duties and obligations of the Association, or to see to or cause their performance in accordance with this Declaration, its Articles of Incorporation or Bylaws shall in no way affect or diminish the effectiveness of the terms and provisions of this Declaration, such Articles or said Bylaws or their binding effect on the Owners and Lots now or hereafter subject thereof. 5.12 Rules and Regulations. a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or revoke such rules and regulations governing the conduct of persons and use of Lots and Common Property as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property and/or conformity of such use with the terms and provisions of this Declaration, any other declarations annexing additional lands to the Property as above -stated; any General Actions of the Association, and applicable law. b. A copy of all rules and regulations adopted on behalf of the Association and a copy of each amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered by or on behalf of the Board of Directors to each Owner at his, her or its address appearing in the records of the Association. c. All such rules and regulations, and any such amendments or modifications thereof, shall be binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is mailed or otherwise delivered as herein stated. Adoption of rules and regulations on behalf of the Association shall be effected in accordance with the Bylaws of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 of 24 • 0 ARTICLE VI. ASSESSMENTS AND LIENS OF ASSESSMENTS 6.1 Assessment of Owners and Lots. a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Owners, other than Declarant, shall be obliged to contribute to the payment by or on behalf of the Association of all expenses and costs incurred or which are required to be incurred by the Association which are reasonably necessary in order for the Association: (i) to perform effectively, or cause to be performed effectively the functions and obligations on its part to be performed under this Declaration, (ii) to care for, maintain, repair, construct, reconstruct and preserve all Common Property; (iii) to otherwise protect and preserve the Property and Common Property in keeping with the purposes of this Declaration set forth in the Recitals set forth above, and (iv) to enforce and otherwise promote or encourage compliance with the terms and provisions of this Declaration, its Articles of Incorporation, its Bylaws and all rules and regulations duly adopted consistent with the provisions of each and all of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and said Bylaws. For purposes of this Article VI, all expenses and costs of the nature described in this subparagraph are called "Association Expenses". b. The mechanism and method for recovery of all such contributions and amounts shall be assessment thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof. 6.2 Assessment of Declarant. Prior to Turnover, Declarant shall have no obligation for payment of any amounts assessed against and payable by an Owner pursuant to the provisions of this Article VI. However, following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such assessment shall be prorated to the date of sale of such Lot. 6.3 Payment and Collection of Assessments. a. When a Lot is transferred to a Purchaser, and each time a Lot is transferred to a new Owner(s), the transferee shall pay to the Association (through escrow whenever applicable) a "Transfer Assessment" in an amount equal to one-fourth (25%) of the total annual General Assessment (as determined in accordance Twith subparagraph a., of section 6.4, immediately below), payable with respect to such Lot during or for the Association fiscal year during which such transfer shall occur. The Transfer Assessment constitutes an initial contribution to the working capital of the Association on the part of such Purchaser(s) or new Owner(s) and shall be used by the Association only to pay Association Expenses. Transfer Assessments on a Lot are payable in addition to the amount of the General Assessment otherwise payable with respect to such Lot during and for any fiscal year. b. Assessments may not be waived or abated due to lack of or limited access to, or unavailability for use of, any Common Property. The Association shall take prompt action to collect from any Owner(s) any assessments which remain unpaid by such Owner(s) for more than forty-five days from the date payment thereof becomes due. All and any costs and expenses reasonably incurred by the Association for purposes of collection of unpaid assessments shall be recoverable by the Association from the party or parties responsible for payment thereof all by way of Individual Lot Assessment as provided for at subsection 6.4.b below and, where applicable, section 7.5 of this Declaration. 6.4 Basis for Assessments. a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to be contributed toward separately budgeted funds and reserves established for the common benefit of all members of the Association in accordance with General Actions of the Association or in accordance with the Bylaws during or for each fiscal year of the Association, less the amount of any common profits, Transfer Assessments and surpluses of the Association, if any, available for payment of Association Expenses, shall be divided by the total number of Lots subject of this Declaration on the last day of the prior fiscal year and the result obtained shall constitute the amount of the "General Assessment" payable with respect to each Lot subject of this Declaration during and for such fiscal year. Prior to Turnover, the amount of General Assessments which would, but for the provisions of section 6.2 above, be payable by the Declarant, shall be allocated among and assessed against all Lots not owned by the Declarant as of the last day of the next prior TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 of 24 fiscal year of the Association in such manner and amounts as the Declarant shall determine in the exercise of its sole discretion. b. Notwithstanding the other provisions of this Article VI, the Association may assess any individual Lot or Lot(s) an "Individual Lot Assessment" to recover all or any portion of any costs, expenses, losses, damages or other charges incurred or suffered by the Association, or by the Owner(s) of any other Lot or Lots, attributable to the negligence or misconduct of the Owner of such Lot, any resident thereof, or the family members or invitees of any such Owner or resident, and for the recovery of any unpaid fines, fees, assessments or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and provisions of this Declaration, the Bylaws of the Association and/or any rules and regulations adopted in accordance therewith or pursuant thereto. 6.5 Notice of Assessments; The Association shall, not less than annually, provide written notice to the Owner(s) of each Lot setting forth the amount of the General Assessment and any Individual Lot Assessment(s) payable with respect to such Lot calculated and/or assessed in accordance with section 6.4 of this Declaration. Payment of such assessments shall be due and payable on or before a date or dates, or in installments, as set forth in the notice which shall be not less than thirty days after the date the notice is mailed or at such later time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The Association or its managing agents shall promptly provide any Owner who makes a request in writing with a written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect to any Lot(s) owned by such Owner. However, neither the Association nor its managing agents shall be obliged to provide any such written statement more frequently than once every sixty days. 6.6 Creation of Lien and Personal Obligation of Assessments. Whether or not stated or otherwise expressed any instrument conveying ownership of any Lot, by acquiring ownership of such Lot, each Owner shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to the Association all assessments or other charges as may be fixed, established and collected from time time in the manner provided in this Declaration or the Bylaws of the Association. Such assessments, charges, and other costs together with any interest, expense or attorneys' fees imposed pursuant to Article VII of this Declaration shall be a charge on the land and Lot so acquired and constitute a continuing lien upon such Lot until fully paid and satisfied. In addition, all such assessments, charges and other costs shall be the personal obligation of the Owner(s) of such Lot at the time the assessment or charge became due and payable. Such liens and personal obligations shall be enforced in the manner set forth in said Article VII. ARTICLE VII. REMEDIES 7.1 Non -conforming Improvements; Violation of General Protective Covenants. In the event any Owner, or other person(s) for whose actions or omissions such Owner is responsible hereunder, shall violate or suffer violation of any provision of this Declaration; the Bylaws of the Association; any rules or regulations adopted on behalf of the Association, or any standards, actions or decisions of the Committee herein provided for, then the Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative: a. To notify the Owner in writing that the violations exist; that such Owner is responsible for them, and that unless such violation(s) are corrected or abated within such time following the date of such notice as is stated therein, the Association may take any action with respect to the correction or abatement thereof as may be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations; b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for the period that the violations remain unabated, not to exceed sixty (60) days, for any infraction of its rules and regulations; c. To impose reasonable fines upon such Owner, in a manner and amount the Board of Directors of the Association shall deem appropriate in relation to the violation and to make any such fines the subject of an Individual Lot Assessment. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS Page 18 of 24 d. Provided notice of the nature described in subparagraph a., of this subsection shall have be given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the Association, the directors or officers of the Association or the Committee, or any agent or representative thereof to liability for trespass, conversion or any other claim for damages) and remove the cause of such violation, or alter, repair or replace any non -conforming Improvement in such a manner as to make it conform the requirements or standards which pertain thereto. In any such case, the Association may assess the Owner of the offending Lot for the entire cost of the work done, which amount, if not paid by such Owner, shall be made subject of a an Individual Lot Assessment levied with respect to such Lot. Provided, however, nothing contained in this Declaration shall be construed to permit entry of any regularly occupied Dwelling Unit located on the Property without (i) the express consent or ratification on the part of the Owner of the Lot upon which such Dwelling Unit is situated or, in the alternative, (ii) the informed consent of an adult person regularly residing in such Dwelling Unit at the time such entry is effected. e. Resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate and/or avail itself of any other or further remedies available at law or in equity. Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and access to and from, such Owner's Lot. 7.2 Failure to Pay Assessments: Lien: Enforcement of Lien. If any assessment or other sum charged, levied or payable pursuant to this Declaration is not paid within thirty days after it becomes due, such assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. In addition, the Association may exercise any or all of the following remedies simultaneously or consecutively: a. The Association may suspend such Owner's voting rights and right of use or the benefits of Common Property until such assessments and/or other amounts payable under this Declaration or the Bylaws of the Association, are paid in full and declare all remaining periodic installments of any annual assessments or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprive any Owner of access to and from such Owner's Lot from any public street or sidewalk abutting such Lot. b. Enforce the lien arising under section 6.6 above for any assessments, including, without limitation, any Individual Lot Assessment(s) levied against such Lot under this Declaration or the Bylaws against the Owner of the Lot anytime after the date on which the assessment becomes due and ,payable to the Association. If any assessment or other amount due or to become due under this Declaration or the Bylaws is payable in installments, the full amount of such assessment or other amount is a lien from the date the first installment payment on account thereof becomes due. c. In any suit to foreclose any lien arising under this Declaration, in addition to the sums secured by such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable rental for the use of such Lot(s) during the pendency of the suit and shall be entitled to the appointment of a receiver to collect such rental. The Association shall have the power to purchase any such Lot(s) at the foreclosure sale and to thereby acquire all right, title and interest of the Owner(s) thereof and to hold, lease, mortgage, vote the votes appurtenant to, convey, and otherwise deal with such Lot(s) and all improvements thereon as Common Property of the Association. d. Liens for assessments or charges provided for in this Declaration shall be subordinate to liens for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust on the subject Lot made in good faith and for value recorded prior to the recordation of the notice of any lien(s) provided for in this Declaration. e. Sale or transfer of any Lot shall not affect any lien arising under this Declaration. Provided, however, where any person or entity obtains title to a Lot directly as a result of foreclosure of a mortgage, TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC IONS Page 19 of 24 deed of trust or land sale contract having priority over the lien arising under this Declaration as a matter of law, or by deed in lieu of foreclosure of any such mortgage, deed of trust of land sale contract, the lien of the Association for payment of any assessments or charges which became due and payable prior to the acquisition of title by such person or entity shall be discharged and of no further effect. Provided, however, in the case of a conveyance in lieu of foreclosure, the lien of the Association shall be discharged as aforesaid only if (1) written notice has been delivered to the Association, addressed to the person or party authorized to accept service of process on behalf of the Association, informing the Association of the mortgagee's intent to accept a conveyance in lieu of foreclosure and stating that the lien of the Association may be extinguished in the circumstances specified in this paragraph, and (ii) any such conveyance in lieu of foreclosure is made of record no less than thirty (30) days after the date said notice is delivered to the Association. No such foreclosure sale or conveyance in lieu of foreclosure however effected shall discharge the Lot for liability for any assessments or charges thereafter becoming due or from the lien of such subsequent assessments or charges. f. The Association may bring an action to recover a money judgment for unpaid assessments, fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described Subsection 6.6. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made. g. The Association shall have any other remedies available to it at law or in equity for recovery of any assessments, charges or other sums due or recoverable by it pursuant to the provisions of this Declaration or the Bylaws. 7.3 Other Remedies. Nothing contained in this Article VII or elsewhere in this Declaration, save and except limitations on liability expressly stated, shall be deemed or construed to limit, impair or prohibit any Owner from seeking any remedy which such Owner may have or acquire by virtue of violation of any or the terms or provisions hereof on the part of any other Owner, resident, occupant or other person or party who may commit an actionable wrong with respect to such Owner including, without limitation, the right to enjoin —isolation, or to compel performance or enforcement, of any terms or provisions herein contained and the right to recover on any claim or cause or action or suit arising in favor of such Owner by virtue of the express terms of this Declaration. 7.4 Notification of Lien Holders. The Association may, and if requested in writing by the Owner to do so, shall, notify the holder of, or beneficiary named in, any mortgage, trust deed or vendor's interest under any land sale contract covering any individual Lot of any default in performance of the terms of this Declaration by the Owner thereof which is not cured within sixty days. However, failure, neglect or refusal on the part of the Association to provide any such notice shall not result in liability of any kind on the part of the Association to any party or parties requesting any such notification, such Owner, or any other person or party who may otherwise be injured or damaged by reason of such failure, neglect or refusal on the part of the Association. 7.5 Attorneys' Fees and Costs. If any action, suit or other judicial or quasi-judicial proceeding is initiated by any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of recovery or relief on or under any claim, cause or action or suit or remedy provided for or described hereunder, or otherwise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially prevailing party or parties in such action, suit or other proceeding shall be entitled to recover in addition to all other relief afforded such party or parties, from the other party or parties in such action, suit or other proceedings, such prevailing party's or parties' reasonable attorneys' fees, charges and expenses; statutory costs, and the reasonable costs of necessary discovery and fees of expert witnesses or consultants engaged by such party or parties in connection with the prosecution or defense of such proceedings as fixed by the court(s) or tribunal(s) by which such action, suit or other proceedings, including appellate proceedings, shall be tried, heard and finally decided. ARTICLE VIII. PROPERTY RIGHTS 8.1 Members' Easements of Eniovment to Common Area. Every Member of the Association shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 of 24 and shall pass with the title to every assessed Lot, subject to the following provisions: a. The right of the Association to suspend any Members voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessment against said Member's Lot remains unpaid, and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations. b. The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be authorized by General Actions of the Association. No such dedication or transfer shall be effective unless an instrument evidencing such General Actions of the Association has been recorded in the appropriate county deed records and unless written notice of proposed actions shall have been delivered to every Owner entitled to vote in respect of such General Actions of the Association not less than thirty (30) days nor more than (90) days prior to such dedication or transfer: and c. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said Property, and reasonable regulations and restrictions regarding parking. 8.2 Reciprocal Easemenst. Each and every Owner purchasing a Lot within the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the subdivision agrees that they shall be subject to the following reciprocal easements: a. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s); provided, that the Owner installing any drainage pipe, conduit, or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. b. All Lots within the subject Property including, but not limited to the Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. c. All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair by or for the benefit of the Association and/or any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and/or through such Lots subdivision, except within the area enclosed by the foundation structure of any Dwelling Unit or other permitted building or structure located on such Lots. ARTICLE IX. MISCELLANEOUS COVENANTS 9.1 Invalidity; Gender. Captions. The invalidity or lack of enforceability of any terms or provisions of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms and provisions of this Declaration and the same shall be construed and enforced in such a manner as to effect the evident intent and purpose of this instrument. As used herein, the singular shall include the plural and the plural the singular. The masculine, the feminine and neuter shall each include the other as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way define, limit or impair the effectiveness of each and all of terms and provisions of this Declaration. 9.2 Amendment. a. This Declaration, and any individual terms or provisions hereof from time to time in effect with respect to all or any part of the Property, may be amended or repealed by Declarant alone at any time until Turnover or, after Turnover, by vote or written consent of not less than seventy-five percent (75%) of all Owners. Provided, however, (i) no such amendment or repeal affecting the rights and obligations of the Declarant hereunder may be effected without the express written consent of the Declarant and (ii) no such TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC 711ONS Page 21 of 24 amendment or repeal affecting the rights or obligations of less than all Owners affected by this Declaration may be effected without the express written consent of at least two thirds of the Owners to be affected thereby. b. Any action effecting any such amendment or repeal shall become effective only upon recordation in the deed records of Ada County, Idaho, of a certificate of Declarant prior to Turnover, and thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment, amendments or repeal so approved and certifying that said amendment, amendments or repeal have been approved in the manner required by this Declaration. 9.3 Regulatory Amendments. Notwithstanding the provisions of section 9.2 immediately above, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to amend this Declaration in order to comply with the requirements relating to the development of single-family residential improvements within the Property contained or required by the provisions of applicable statutes, ordinances, regulations or guidelines of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States, the State of Idaho, Ada County, or of any corporation or other entity wholly owned, directly or indirectly, by the United States, the State of Idaho, or Ada County which insures, guarantees or provides financing for single-family residential developments or lots in single-family residential developments. 9.4 Duration. This Declaration shall run with the lands subject hereof and shall be and remain in full force and effect at all times with respect to all property included within the Property and the Owners thereof until terminated. Following Turnover, this Declaration may be terminated only upon approval by the vote or written consent of the Owners of ninety percent of the number of Lots then subject of this Declaration. Any such termination shall become effective only if a certificate executed by president and secretary of the Association, certifying that termination shall become, or became, effective as of a date certain and that such termination was effected by consent or vote of the Owners of all property then subject of this Declaration in the manner =--herein prescribed, shall be duly acknowledged and recorded in the deed records of Ada County, Idaho. 9.5 Joint Owners. In any case in which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility and liability of such personsunderthis Declaration shall be joint and several and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to any pending matter, any such Owner may deliver written notice of such disagreement to the Board of Directors of the Association and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given or withheld with respect to such matter. Whenever, for purposes of this Declaration, the consent, vote or approval of a certain number, percentage or fraction of Owners is specified, all Owners of a single lot shall be considered as one Owner. 9.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvements to or enjoyment of such Owner's Lot and other areas within the Property. All Owner(s) shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by such Owner. 9.7 Nonwaiver. Failure by Declarant, the Association, the Committee, or any Owner to enforce any term, provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 9.8 Notice of Sale. Mortgage. Rental. or Lease. Immediately upon the sale, mortgage, rental, or lease of any Lot, the Owner thereof shall promptly inform the secretary or the Association, or its managing agent(s), if any, of the name and address of the vendee, mortgagee, lessee, or tenant. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 of 24 9.9 Notices and Other Documents. All notices and other communications under this Declaration shall be in writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or three (3) business days after the date the same are deposited in the United States mail, first class postage prepaid, addressed to the person(s) or party to whom such notice is directed at its address determined as provided section 9.10 below. 9.10 Addresses. All notices and other communications under this or her Declaration shall be given to the persons and parties affected by this Declaration at the following addresses: a. If to an Owner, then to the last mailing address for such Owner shown in the Association's records; b. If to the Declarant, then to: BENCHMARK LAND COMPANY— MERIDIAN (QUENZER), L.L.C.. c/o Pacific Santa Fe Corporation 17700 SW Upper Boones Ferry Rd, Suite 100 Portland, OR 97224-7010 9.11 Change of Address. Any person or party affected by this Declaration or who has or claims an interest in the Property or any portion thereof may change the address to which notices shall be directed to such person or party by giving thirty (30) days' written notice of such change of address delivered as provided herein. IN WITNESS WHEREOF, the Declarant has executed this Declaration on this -�- day of , 1998. BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company By �s Greg A. 14ems1rdet, Member By Pacific Santa Fe Corporation, Member 0 Mark . Rockwell, its President ACKNOWLEDGMENTS STATE OF OREGON, County of Washington) ss. On this J_ day of , 1998, before me, the undersigned, a notary public in and for said state, personally appeared GrLrg A. Hemstreet, known or identified to me to be a member of BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. EIWICKS"— Notary Public for OREGON EM 0 NATO Residing at .4v 2L:±-=4,0 N CMMUNK0171�i My Commission Expires: 2 198 TURNBERRY SUBDIVISION COVENANTS. CONDITIONS AND RESTRICTIONS Page 23 of 24 STATE OF OREGON, County of Washington} ss. On this g day of ±2=L— 1998, before me, the undersigned, a notary public in and for said state, personally appeare Mark P. Rockwell, President of Pacific Santa Fe Corporation, known or identified to me to be a member of BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. =OC ELNotary Public for EGO r' NOTAR 0'9' L' Residing at G� o MY cOMMISSSION My Commission Expires: o TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 of 24 EXHIBIT A Legal Description for Turnberry Subdivision No. 1 A parcel of land being a portion of the NE Y4 of the SE Y4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Sixty-one (61) buildable lots designated as Lot 2, Block 1; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Block 3; Lot 1, Block 4; Lots 1, 2, 3, 4, 6, 7, .8, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 19, Block 5; Lots 1, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13, Block 6; Lots 1, 2, 3, 4, 5, 6 and 7, Block 7; Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 8 and Lots 1, 2, 3, and 4, Block 9, TURNBERRY SUBDIVISION NO. 1, Ada County, Idaho. Seven (7) non -buildable lots designated as Lot 1 Block 1; Lot 1 Block 2; Lot 1 Block 3; Lots 5 and 11 Block 5; Lots 2 and 9 Block 6, TURNBERRY SUBDIVISION NO. 1, Ada County, Idaho. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Exhibit A Legal Description of Property Encumbered Page 1 of 1 EXHIBIT B Turnberry Landscapel Page 1 of Subdivision No. I I Alm3axam 31 Ng U JJ f 111 U Landscapel Page 1 of 1-4 f 111 U DITIONS AND RESTRICTIOUMS C� MERIDIAN CITY COUNCIL MEETING: MARCH 10 1998 • APPLICANT: ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR TURNBERRY SUB. NO.1 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 AGREEMENT OTHER: All Materials presented at public meetings shall become property of the City of Meridian. D DRAFTEVELOPME A NT THIS AGEMEMENT, made and entered into this day of 1998, by and between tht CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called the "CITY" BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an Oregon Limited Liability Company, hereinafter called "BENCHMARK", whose address is 17700 SW Upper Boones Fer Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and ARDYCE L. QUENZER, husband and w#e, hereinafter called "QUENZER", whose address is 3680 N. Btackeat, Meridian, Idaho 83642.1 WITNE3SEWITNESSETH:1L16APr. WHEREA$, BENCHMARK is the owner, in law and/or equity, of a certain tract of land in the County of Ada, Sof Idaho, described at Exhibit "A", attached hereto and by this reference toifincorporated herein fully set forth (herein called "Parcel A'), which it is intended will be developed as the fust phase of a single family residential subdivision to be known, described and officially platted as "TURNBERRY SUBDIVISION"; and WHEREAS, QUENZER is the owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, lying contiguous with Parcel A, which is described at Exhibit "B", attached hereto and by this reference incorporated herein as if fully set forth in full (herein called "Parcel B'); and WHEREAS, BENCHMARK and QUENZER have heretofore entered into an agreement whereby BENCHMARK has the right and option to acquire fee title to Parcel B from QUENZER for purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION; and WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the Idaho Code entitled "Development Agreements," which provides, among other things, that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS,- the CITY has heretofore adoped two development agreement ordinances, one of which, Zoning and Development Ordinance 11-2416 L, applies when land is rezoned, and the other, Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also zoned; and WHEREAS, BENCHMARK, with ' the consent and approval of QUENZER, previously submitted an application for annexation of 4he.awll land comprising Parcels A and B requesting that the same be accorded zoning designation "(R-4) Low Density Residential District." Concurrently, BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into 118 single family residential lots, to be developed in two phases as aforesaid; and WHEREAS, in support of said applications, representatives of BENCHMARK made certain representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning Commission as to how the Subdivision would be developed and what improvements would be made as more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly adopted by the Meridian Planning and Zoning Commission captioned as follows: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page- 1 of 9 13WSI MAR 02 '98 le:52 503 670 9400 PAGE.03 • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BENCHMARK LAND COMPANY . APPLICATION FOR ANNEXATION AND ZONING TURNBERRY SUBDIVISION NE 1/4 OF THE SE 1/4, SECTION 4, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY IDAHO and WHEREAS, the representations made as above -stated have been, and are, reflected and confirmed by the preliminary plat of the subdivision reoommended for approval by the Meridian Planning and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below) heretofore submitted with respect to development of Parcel A hereinafter described; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property and has done so as set forth in the above-described FINDINGS OF FACT AND CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid, each and all of which conditions and restrictions (herein called "Conditions of Approval") being by this reference incorporated herein as if fully set forth; and WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of Parcels A and B as aforesaid, that, among other things, the "... Applicant or its successors in interest, assigns, heirs or personal representatives enter into a development agreement ..." addressing, without limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph 12., of said Conditions of Approval and that, if annexed by the City, said Parcels A and B may be de - annexed if said Conditions of Approval are not met; and WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A and B subject to de -annexation in the event the conditions and requirements set forth in and by the Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter into this Development Agreement; and WHEREAS,- BENCHMARK and QUENZER each deem it to be in their respective best interests to voluntarily enter into this Development Agreement for the purpose of complying with the requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of their land: NO'VV, THEREFORE, in consideration of the foregoing recitals, each and all of which shall be and are hereby declared contractual and binding; the CITY's annexation and rezoning of said Parcels A and B as aforesaid; , thereof, and the covenants and agreements of the ' HEREBY UNDERSTOOD AND AGREED BY AND parties NnTHE PARTIES AS FOLLOWS: IT IS 1. Upon and after recording of this Development Agreement in the official records of Ada County, Idaho, cacti and all of the terms and provisions hereof shall run with the land, and encumber the real property, described at said Exhibit "A" and said Exhibit "I3". This Development Agreement shall be binding upon, and inure to the benefit o& all parties signatory hereto and upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or claiming, any right, title or interest in said real property or way portion or parcel thereof whether cognizable at law or in equity. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 9 [3x2/98[ MAR 02 198 18:53 503 670 9400 PAGE.04 2. Only one (1) single-family residential dwelling house having at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures and improvements otherwise permitted by an R-4 zoning classification,* may be constructed upon any single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel B. 3. Each and every single family residential lot created upon subdivision of Parcel A and Parcel B shall contain not less than eight thousand (8000) square feet of land. Unless lawfully ordained by action of the CITY, no such lot shall be further subdivided or partitioned into more than one lot, tract or parcel containing less than eight thousand (8000) square feet of land. 4. No multi -family residential structures, such as, without limitation: duplex units, townhouses or patio homes, may be constructed on Parcel A or Parcel B. nor shall any part or portion of the land herein called Parcel A or Parcel B be improved in any manner, or employed in any use or occupation, not permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained shall be deemed or construed to prevent any person from employing any portion of said land for farming or other agricultural purposes prior to development thereof in accordance with this Development Agreement,nP crry fre - .. n,� - --- - --- - a . a -, �5 v ... w.+�avr�u-uses-vl 5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having or claiming any right, title or interest in the lands herein called Parcel A or Parcel B. shall commence the construction or installation of any improvements upon said property or any portion thereof unless and until such time as said party or other person shall have filed, or have caused the filing, with the CITY of "Subdivision Improvement Plans" (hereinafter called "Plans"). The Plans pertaining to each phase and Parcel respectively shall show all streets, utilities, pressurized irrigation facilities, sanitary sewer, water, storm drainage, street and similar signage and barricades, and other improvements contemplated for installation within the subdivision to be developed upon such Parcel (except dwelling units and related improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans, and the improvements subject thereof, shall be approved for construction or installation by the City Engineer. 6. All sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas lines, telephone lines, cross drains, street surfacing, street signs, cable television, other utilities and additional improvements shown or described by Plans roved by the City Engineer as aforesaid shall be ,w — _ constructe and installed at the expense ofhl�aat� r of weer person which or who obtains such approvals, 7, causes such improvements to be made, and/or ultimately applies for acceptance and approval of any final Qr„i`at plat effecting subdivision of Parcel A or Parcel B, as the case may be. 7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a manner consistent with the requirements of this Development Agreement which plat is by this reference .J, 94;L incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of the Plans for Parcel A and Parcel B respectively, said Plans shall each and all be deemed incorporated in and made a part of this Development Agreement for all purposes. 8. Unless otherwise ermitted or approved in writing by the City Engineer, all improvements depicted ? _ by the approved preliminary p t which pertain to Parcels A and B respectively, and all improvements a subject of the approved Plans pertaining to each of said Parcels, shall be constructed and installed in strict conformity with said preliminary plat and Plans. Said improvements shall also conform with the CIT'Y's Standard Engineering Drawings and Standard Engineering Specifications in effect at the time construction of said improvements is accomplished ualtea TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of g �rs/9s1 MAR 02 '98 1853 503 670 9400 PAGE.05 Man A 11 PARN i I a660f4dal 13r.- able :hewe unless ether Starxhr&,-0r 9. Any pa or persons who intend to engage hi construction or installation of any improvements su feet o said prelimuiary p t'and/or any such approved Plans shall provide the City Engineer with at _ least fifteen (15) days advance written notification of when and what portion or portions of said improvements such party or persons intend to construct or install and the time schedule therefor. If the construction or installation of any such improvements will be accomplished in phases, the party or persons constructing or installing the same will construct any temporary facilities or improvements the City Engineer may deem reasonably necessary as a result of such phased construction or installation. 10. Following completion of the construction or installation of any improvements, or such portions) of any improvements, as are required to complete development of Parcel A or Parcel B respectively in accordance with this Development Agreement, the party or persons responsible for construction or installation thereof shall notify the City Engineer that such improvements are complete and request his inspection and acceptance thereof on behalf of the CITY. 11. Following completion of construction and installation of all improvements required with respect to 0 su evesio _ Parcel A and Parcel B, each and respectively, and acceptance thereof by the City engineer, the shall cause "Corrected" (i.e. "as built") versions of Al I -� - the Plans pertaining to such improvements to be prepared by a Registered Professional Engineer and t q NT provide the same or a duplicate mylar copy thereof to the CITY. Said "Corrected" Plans shall depict the actual constructed location (both horizontally and vertically) of all water and sewer lines, all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the extent the latter have been installed as part of the development of any individual lots), all street, sidewalk, curb and gutter alignments and grades, etc. Said "Corrected" Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans truly and accurately depict the locations and characteristics of the various improvements subject thereof. 12. If, after construction or installation of an improvement necessary for the development and subdivision of Parcel A or of Parcel B is begun, the City Council shall make a fending, duly entered in the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this Development Agreement to construct or install such improvement has failed to complete construction or installation of a portion or all of such improvement without reasonable justification #jeeW lack of necessary financial resources shall not constitute reasonable justification�ia�shiscon and (ii) that said improvement must be completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the party or persons obligated to complete construction or installation of such improvement shall, upon receipt of written notice of such finding, immediately undertake all measures reasonably necessary and appropriate to commence and, within a reasonable time effect completion of, the construction or installation of such improvement in accordance with this Development Agreement. a. If the party or persons so obligated shall fail to complete such construction within a reasonable time after written notification of such Council action, and the CM thereafter determines to complete, and completes, such construction or installation, then the parry or persons who were otherwise obligated to complete such improvement, together with the owner(s) of the property served by such improvement, shall be obligated to reimburse the CITY its cost to complete such improvement at suc►, time(s); in such manner and upon such terms as the CITY shall order atter conferring, or making reasonable attempts to confer, with such party, persons and owner(s). TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 9 13n/981 MAR 02 '98 18 54 503 670 9400 PAGE.06 b. The City Council shall not make the findings set forth in paragraph 12., except at a regular or special meeting of the City Council and unless the party or persons obligated to complete said improvement, and the owner(s) of the property affected by such improvement, have been notified in writing of the time and place of such meeting at least three (3) business days prior thereto and have been given reasonable opportunity to be present in person or by counsel and be heard on the merits of the proposed finding. C. Except in the event of an emergency threatening immediate harm or damage to the persons or property of the inhabitants of the CITY, the CITY shall not undertake to complete construction of any such improvement unless and until it shall have afforded the p" OF person responsible for e A� completion thereof under this Development Agreement, and the property owner(s) who may become oblistated to the CITY as 4MY 'd, no less than ten (10) days written notice that it intends - o so and such party, personser(s) shall have failed to commence completion of such construction at or before the time or its contractor(s) shall have actually commenced work. d. The obligation for reimbursement of the CITY's cost to complete construction or installation of any improvement completed by, or at -the expense of the CITY pursuant to and in accordance with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real property benefited by such improvement. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property under the Idaho Code. Said lien shall attach to and encumber said real property solely as a consequence of the terms of this Development Agreement as of the date and time the notice(s) described in subparagraph c., immediately above shall first be delivered to a party, person or owner entitled thereto. 13. a. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and 'installed in connection with and/or for purposes of the development and subdivision of Parcel A, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed within Parcel A as aforesaid. b. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel B, and said improvements shall be approved and, where applicable, accepted by or on ' behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the second phase of the TURNBERRY SUBDIVISION to be constructed within Parcel B as aforesaid. C. If the CITY declines to accept or approve for recording the final Plat of either phase of the TURNBERRY SUBDMSION by reason of the provisions of subparagraphs a., or b., of this paragraph 13., or otherwise, the party or persons seeking such acceptance or approval shall have the right to appear before the CITY's City Council at any regular meeting after any such acceptance or approval shall have been withheld and shall have the right to be heard as to why such final Plat and subdivision should be accepted and approved by the CITY. The City Council shall then decide whether such final Plat and subdivision should be accepted and approved by the CITY, or may impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it may determine in the lawful exercise of its authority. In any such cases, the decision of the City Council shall be final, except that all rights of the parties or persons affected thereby shall be preserved and may be enforced by any means available to them at law or in equity. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 9 [3/2/98) MAR 02 '98 18:54 503 670 9400 PAGE.07 14. In lieu of complete performance on the part of any party or persons otherwise required by this Development Agreement to perform any obligation prerequisite to acceptance and approval for recording of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting b and through the City Engineer, may accept security for the completion of performance of any such �' r obligation on a pari e . Such security may be provided in the C:4 N T form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under section 11-9-606 C of the gevii sed and Compiled Ordinances of the CITY. If and when the party or persons upon whose behalf any such security is required shall provide such security, the CITY shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or acceptance by the CITY of the improvements for which any such security has beengiven in accordance with this Development Agreement, the CITY shall forthwith exonerate or release such security. ITY leas i 15. The Ce uested that certain elements of the water mains and/or sanitary sewer lines which be constructed and installed in connection with the development of Parcel A, including water or sewer line extensions, increased line sizes and capacity, because of future service needs originating from properties not owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development (herein called "Special Improvements'). The parties -alai, acknowledge that sound planning practices require construction of said Special Improvements concurrently with development of Parcel A in order to accommodate future expansion and development and that theCITY his expres�y Mil agreed to enter into one or more "latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in interest, in recovering some or all of the additional costs it WQ incur in constructing said Special Improvements. a. In recognition of the cost savings which can be accomplished by construction of such Special Improvements concurrently with the facilities to be constructed for purposes of development of Parcel A and the impracticality or impossibility of constructing such Special Improvements separately or at a later time, BENCHMARK�agree4 to design and construct such facilities in. consideration of the CITY's agreement to enter i oqq gr more latecomer reements as aforesaid. b. For purposes of any such latecomer agreements, BENC s to obtain three (3) independent, bona fide, bids for the performance of the work which will incorporate such Special Improvements from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY has agreed to enter into a latecomer agreement as aforesaid. c. The CI1Y's obligation under any such latecomer agreements shall be limited to payment of the lowest of such bids irrespective of whether the lowest bidder is in fact selected by to perform the work. d. If the City fails to enter into latecomer agreements pertaining to any Special Improvements on the terms above set forth, BENCHMARK shall not be required to construct any Special Improvements for purposes of accommodating any future off site expansion and/or development. 16. The parties expressly agree that no Certificate of Occu aw2y will be issued for any dwelling nstruct�_e`d in the first �e of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final Plat and sub ivisron Parcel A are completed and accepted by the City; or until the CITY and the aacl.the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed, and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. 17. The parties also expressly agree that no C9rtificate of Occupangy will be issued for any dwelling constructed in the second phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final P1rt and subdivision Parcel B are completed and accepted by the City TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 6 of 9 (3/2/9$) MAR 02 198 18:55 503 670 9400 PAGE.08 unless and until the CITY and -the and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. 18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances relative to this development, that the special conditions set forth in Exhibit "C" attached hereto and by this reference incorporated herein as if set forth verbatim all be deemed for all purposes applicable to said Parcel A and to said Parcel B. BENCHMARK further agrees to construct a perimeter fence around both Parcels A and B prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 19. Any notices required by this Development Agreement shall be in writing addressed to the party or parties entitled thereto as follows: CITY: City Engineer BENCHMARK: Project Manager: Tumberry Subdivision 33 East Idaho Benchmark Land Company, Meridian CITY OF MERIDIAN (Quenzer), L.L.C. Meridian, ID 83642 11700 SW Upper Boones Ferry Rd., Suite 100 Portland, OR 97224-7010 QUENZER: Eugene and Ardyce Quenzer 3680 North Blackcat Meridian, ID 83642 unless and until such time as any such party shall notify each of the other parties of any change of address for such notices. 20. BENCHMARK agrees to pay all recording fees necessary to record this Development Agreement with the Ada County Recorder's office. 21. For so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY of Meridian pertaining to development or subdivision of the land in which they claim such rights not inconsistent with the terms and provisions hereof. Said parties fiuther acknowledge and agree that their respective properties shall be subject to de -annexation if they or their respective heirs, successors in interest or assigns who shall have or claim any right, title or interest therein shall not meet the Conditions of Approval applicable to the development, subdivision, construction of improvements upon, or uses of said land or any portion(s) thereof; this Development Agreement, and any Ordinances of the CITY of Meridian lawfully enacted in conformity therewith . 22. This Development Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. IN WITNESS WHEREOF, the parties have caused this Development Agreement to be signed and dated the date, month and year first stated above. CITY OF MERIDIAN ("CITY") By By Robert D. Corrie, Mayor William D. Berg, Jr., City Clerk TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 7 of 9 13/2/981 MAR 02 198 1855 503 670 9400 PAGE.09 0 �J BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. (``BENCHMARK") By Pacific Santa Fe Corporation, an Oregon corporation, Member By Mark P. Rockwell, President EUGENE QUENZER ("QUENZEw) STATE OF IDAHO ss. County of Ada By Greg A. Hemstreet, Member ARDYCE L. QUENZER ("QUENZEW') ACKNOWLEDGEMENTS On this day of . 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the Persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho [SEAL] Residing at: My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of . 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, known, or proved to me, to be persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho [SEAL] Residing at: FAY Commission Expires: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 8 of 9 (3wg) MAR 02 'ge 1855 503 670 9400 PAGE.10 or oil STATE OF OREGON, County of )ss The foregoing instrument was acknowledged before me on this day of 199_,_, by GREG A. HEMSTREET who is a member of Benchmark Land Company—Meridian (Quenzer), L.L.C., a member -managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. Notary Public for Oregon My commission expires: STATE OF OREGON, County of__ }ss. The foregoing instrument was acknowledged before me on this _ day of 199,_, by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of Benchmark Land Company—Meridian (Quenzer), L.L.C., a member -managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. Notary Public for Oregon My commission expires: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 9 of 9 [3/2/98) MAR 02 '98 18:56 503 670 9400 PAGE.11 MAIM ii �� rai EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C. AND EUGENE and ARDYCE L. QUENZER (LEGAL DESCRIPTION OF "PARCEL A" (Phase 1)) EXHIBIT "A" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT MAR 02 198 18:56 503 670 9400 PAGE.12 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF. MERIDIAN, IDAHO AND BENCH vLAM LAND COMPANY - MERIDIAN (QUENZER), L.L.C. AND EUGENE and ARDYCE L. QUENZER [LEGAL DESCRIPTION OF "PARCEL B" (Phase 2)] EXHTBiT "B" TTTRNRTRRRV QT fRnTVTQTnm flR\/RT nDAR +TTiT sl.DDD%RDrrr MAR 02 '98 18:56 503 670 9400 PAGE.13 U7U V4UU FAC SANTA FE Cor 10014 EXHIBIT "C" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C. AND EUGENE and ARDYCE L. QUENZER This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. Any Party or persons) now or hereafter obligated to effect improvements to Parcel A and/or Parcel B by the terms of the Development Agreement shall; 1. Construct a non-combustible perimeter fence prior to obtaining building permits and construct temporary construction fencing to contain debris along all subdivision boundaries in the case of phased construction unless the City has specifically agreed, in writing, that such fencing is not necessary. 2. Construct a landscape strip within parcel A along its full length adjacent to the west right-of-way line of Black Cat Road (herein called "Black Cat Road Landscaping"), except for the entryway access of Charles Street and a ten -foot -wide gravel access road at the northerly property boundary for Nampa -Meridian Irrigation District. The Black Cat Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right -of --way. The Black Cat Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan submitted to and approved by the CITY. A letter of credit, cash, or appropriate bonding for the Black Cat Road Landscaping is required prior to signature on the final plat; no fencing shall encroach on this 20' planting strip, looted beyond required right-of-way of 45' from centerline. Black Cat Road Landscaping shall be completed prior to obtaining Certificates of Occupancy. 3. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the Property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the City; the DEVELOPER was granted such a variance for the Safford Lateral. 4. Extend and construct water and sewer line actensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the Property 5. Construct curbs, gutters, sidewalks and streets to and within the property. 6. Pay any development, latecomer, impact or transfer fees adopted by the CITY. 7. Meet the requirements and conditions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW ("Conditions of Approval") and meet the Ordinances of the CITY with the Development Agreement. S. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. 9 Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 10. Meet all representations made by the Applicant during the public hearing process. 11. Comply with the requirements of all City departments, Ada County Highway District, and Central District Health Department. 12. Timely prepare, submit, and obtain the required approval by the CITY of final plats of the project in accordance with development time requirements contained in City Ordinances. 13. Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner. EXHIBIT "C" MAR 02 '98 18:56 TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT 503 670 9400 PAGE.14 Meridian City Council December 16, 1997 Page 41 Corrie: Motion is made and seconded is there any further discussion? Rountree: Mr. Mayor I have a comment on the location of the permanent fencing. The applicant has actually indicated that their preference is on the north boundary, south and west. Elg: Shari is correct, we would prefer a non-combustible where we are not adjacent to, I mean a combustible fence where we are not adjacent to those irrigation laterals. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TURNBERRY SUBDIVISION: Morrow: I move to table to January 6, 1998. Bentley: Second Corrie: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: REQUEST FOR INSTALLATION OF A SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: I will invite the McCall Properties representative to come forward at this time. No representative from McCall Properties. Morrow. Mr. Mayor, that being the case I would recommend we table and have staff advise the McCall Properties that they have one more shot at making a presentation or it is will be removed from the agenda. This particular property is in the property that we discussed at our last meeting with respect to the negotiation problems. So it is appropriate (inaudible) my preference would be to table with notice that they can appear at our next meeting or be dropped from the agenda. Rountree: Motion made and seconded to table to January 6, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: REQUEST FOR A ONE YEAR EXTENSION ON BRIDGEWOOD CONDOMINIUM PROJECT: • Meridian City Council December 16, 1997 Page 31 0 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: FINAL PLAT: TUMBLE CREEK SUBDIVISION NO. 2, 59 LOTS BY STUBBLEFIELD CONSTRUCTION — SW CORNER OF USTICK AND LINDER ROAD: Corrie: Would Mr. Stubblefield like to step forward please. Stubblefield: Mr. Mayor and Council my name is John Stubblefield, We have reviewed staff comments and we are in concurrence with those and plan to comply and we would request that you grant final plat approval on phase 2 of Tumble Creek. Corrie: Comments or questions of Council or staff? Morrow. Mr. Mayor, I would move that we approve the final plat for Tumble Creek Subdivision No. 2. Rountree: Second Corrie: Motion made and second that we approve the final plat of Tumble Creek Subdivision No. 2, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINAL PLAT: TURNBERRY SUBDIVISION, 68 LOTS BY BENCHMARK LAND CO. — W. OF BLACK CAT ROAD, S. OF USTICK: Corrie: Is there a representative of Tumberry Subdivision. Elg: Van Eig with Briggs Engineering, we have reviewed all of the staff comments and we have a couple of items, if you have a copy of my letter. We have discussed them with staff also and would ask that you act on these this evening also. In site specific comments item #2 we have underlined some suggested changes. Staff asked that we put in a delineating fence around the common areas within the development. Here is a copy of the plat here, we have a common drainage and a pathway area right here. There was another one over here and there were some landscape areas along here. The applicant fully intended to put the fence around the perimeter as required but didn't anticipate putting in a fence here because they felt that the individual lot owners were prefer to put in fence that met the needs or design of the house or that they might even what to preserve that open space with plants and vegetation there and take advantage of that view. As I talked to Shari about it she didn't have any great concern about it but what she was concerned with is she didn't want somebody to build a house there and come in and put a storage building or something and cross over that line. So what we • Meridian City Council December 16, 1997 Page 32 E suggest is that prior to the issuance of a building permit that the individual lot owner provide some sort of documentation regarding potential fencing. or vegetation plan showing some sort of demarcation along that line if necessary or at least discuss it with staff so that they clearly understand that there is a line there so they can't build a storage building or a house over the top of that. I don't know if that causes any, if that is any different then building a house being the first one to build on one of these lots to. There is still a property line there are still pins on this lot that they can use to identify where they can and can't build the fence doesn't necessarily do anything different for them then if they were building in any of these lots here. So we would ask that you adjust that and allow us to not put a delineating fence around that just require the individual lot owners to work that out with staff for clarification. We don't see any real benefit at this point. The other thing is we don't have an irrigation ditch that runs along the boundary of this property. The ordinance states that we have to put some sort of a non-combustible fence or at least the staffs comments states we have to put a non- combustible fence up. The applicant would like the ability to put in a six foot high cedar fence along this northern boundary if City Council would allow that option. Under general comments, item #6 it says that note that some of the CC&R's may require additional changes prior to recordation of the final plat. We suggest the following that Council present the CC&R's as presented dated July of 1997 and authorize the City staff to review and to approve revisions to the CC&R's to ensure compliance with items specifically related to City Ordinances, requirements and conditions of approval. Written -approval of CC&R's must be obtained from the City Attorney or Planning Director prior to recordation of the final plat and/or you can add this condition that Council may address the CC&R's if finalized when action is taken upon the development agreement for this project. Wayne I don't know if you are prepared, you have reviewed the development agreement. Crookston: I have not reviewed the development agreement, I have reviewed the CC&R's. Elg: We will be back with the development agreement and hopefully we will have the CC&R's addressed at that point also. If you don't want to approve them tonight, but recognize that there will be some minor changes that the applicant would like to make to those CC&R's. Nothing that is going to violate any of your ordinances, just some clarifications that they didn't understand perhaps being from out of town and as the project is developed. One other item, item 14 on the last page of our notes. This is more for clarification, Gary and I discussed it very briefly just a moment ago and we discussed it last week and I have discussed it with Shari and I have also discussed it with the Ada County Engineer. In the variance application we were allowed for obvious reasons the ability to front these units for example on this lot here lot 1, block 4 in multiple directions. The way that the staff or the way that the normal statement reads in the notes on the plat is that there has to be a 10 foot public utility easement I think it is Gary on the rear lot line. If we face the house this way then this is the rear lot line. If we face the house this way this is the rear lot line. That works fine in theory by having the note like that but when it comes down to the Ada County Engineer he looks at it and he • Meridian City Council December 16, 1997 Page 33 is says that is fine the note works fine for me but you have got to identify where the rear lot line is so you have to put an arrow. So then we have come full circle back around to our variance problem again and wanting flexibility with those lots. He said you can't have a floating rear lot line. So what we have done is we have simply put the easements recognizing we weren't going to win the battle with the Ada County Engineer, we came up with some options, one of which was we could record two easements. We could record a ten foot easement on this side and a ten foot easement on this side. Put the instrument number on the plat for both of them. Then when the lot owner decided to build face the house direction we would vacate the easement that we weren't going to use. But that sounds much more complicated then it needs to be. We told the client we said I don't think we want to get into that it is going to be more costly. Let's just identify an easement as per staffs instructions. You may end up forfeiting if you decide to face a house one direction and we have the easement the opposite direction and you choose to rotate the house another direction. Then what we have identified as the rear lot because you are allowed to do that by your variance that was approved you are going to forfeit perhaps if it is a single story home you may forfeit 5 feet of buildable area. Because you may only have a 5 foot setback if that actually turns out being a sideyard. In reality you have a ten foot utility easement that you have to abide by you have to recognize. So you end up forfeiting five feet of buildable area. There didn't seem to be a whole lot of options that were simple. So this is going to be a problem, the Ada County Engineer recognized it is a problem on comer lots. I don't know what the solution is but we bring that up just a discussion item for you. We have put the easements in as required by your staff. So I don't know if there is any particular action required of you tonight (inaudible) for clarification. Anyway those two other items if we could have you act on those item 6 in general comments and item #2 of site specific I would appreciate that. Bentley: I have a question for you, on those two areas where you would like to omit the fences the common lot areas you are not going to come back you are going to assure us that you are not going to come back here and say gee our building screwed up and put the foundation in and got the house up and we need a variance because we didn't know the lot lines. . Elg: Those are owned by the homeowners associations and if they build on the wrong lot or build that foundation wrong I would fully expect that they would be required to move them. Smith: Mr. Mayor, I guess just over the years comment on the delineating fence I will guarantee it that they will be back here with a variance request. Second thing on the easements, the utility easements are there for the utilities not for the City of Meridian, have they delineated where they want their easements to be, the utilities? Elg: No, we have put them in where staff requested. • Meridian City Council December 16, 1997 Page 34 Smith: We don't set the location of the easements other than by ordinance. The easements are there for the utilities, the ten foot easements. If the telephone company or the cable TV company -needs a ten foot easement down one side of the lot or the other side then that is where the easement needs to be. According to the easement which I just read a few minutes ago, on those side lot lines according to the ordinance ten foot total can be used. Now if the utilities are agreeable to that they are the people that we are trying to satisfy. City of Meridian doesn't have any utilities running down those easements. So as long as the easements conform with the ordinance requirements, as long as the easements are in agreement with the requirements of the utility companies I think that is all the City needs to be concerned with. Elg: So we may be able to eliminate those ones that are in question if we can get some sort of agreement with the utility companies. Smith: Well what you are showing is a ten foot wide easement, somewhere on your notes aren't you also stating that there is a five foot easement on each side of the side lot lines. Elg: Right number 21 think it is. Smith: If there is a five foot easement on each side of the side lot lines and the utility companies say that is fine then that satisfies the ordinance requirements which says a total easement width shall not be less than ten feet. Of course it doesn't say that the property line runs down the middle of that easement but it is a total ten foot easement. If that means the telephone if they need to be back there can be on one side of the fence and the cable TV can be on the other side of the fence and five feet and those utility companies are satisfied and they have enough easement then that is fine and you don't need to show a ten foot easement on here specifically and that eliminates the problem. The point I am making is the utility companies are the people that need to be concerned about the easements that are shown on the plat. Elg: We simply responded to a comment. Smith: I understand, the ten foot easement along the front lot lines that is also covered by a note correct? And that is where the major utilities are located. Elg: Right that is note #1 on the plat. Smith: I really don't think this is a problem, but they will be back for variances. Elg: Like I said Mr. Mayor we can certainly require put a note on there that on those lots they have to come back for discussion with staff to identify or delineate where that lot line is but there will be pins there it is like any other lest there will be pins there. Meridian City Council December 16, 1997 Page 35 Smith: The pins are put in once and then they are taken out once and maybe put back by the guy that took them out with the front end loader but they are not put back in the right spot. Yesterday we had a situation where a foundation was installed, the front of the house was supposed to be west and it is pointing south and what do you do. It was on the plat and it said on the plat point the house west and it was pointing south. We didn't catch it and the foundation is in and the house is going to point south. That is just an example of things that go on the plat that get missed, they don't get picked up. If you go out there in the field and you build something and there is a fence on the property line or there is something on the property line that says this is the property line then that is it. We have seen a lot of instances where property owners have just gradually taken over common areas. Most homeowner associations aren't strong enough to say get off of there. They are taking care of it so what harm is there. Tolsma: Probably according to Gary's comments here what you would have here was a fence being built right down through the middle of this common area (inaudible) argue over who was going to maintain it and who is going to own it and I want a private fence. Elg: Right or the reverse may happen that they don't want the privacy fence they want to take advantage of that open area with the view. Perhaps a rail fence or something down there would be something they would prefer. Tolsma: I think either way there really needs to be a fence there, like Gary says they will be back, that is a given. Elg: If we can work out the type of fence it is, whether it is some sort of a small rail fence a two foot high fence or something. If you need something to delineate that area we can devise something and work that out with staff. Morrow. Mr. Mayor very candidly in terms of the projects I have been involved in if I am understanding this correctly is that you have a buildable lot and then you have an adjacent common area and we are talking about requiring a fence between the buildable lot and the adjacent common area. That is unique to this City. Basically the projects that I have been involved whether what type of fence or if there is a fence or not a fence is left up to the CC&R's or the development in its own right. I can certainly understand fencing the perimeters and subdivisions but in many cases within subdivisions where there are common areas many people do not want fences for virtue of or by way of view. The amenity in the common area could be a walking path it could be a water amenity it could be a landscape amenity of some sort. Many subdivisions require that if you are going to fence the property line that it be a rod iron see through fence no higher than two or three feet. Very candidly I don't I am not exactly sure why we are venturing into this in terms of common area boundaries and common property lines with adjacent lots. The issue with comer lots is there are several house presentations with comer lots that make sense. I don't know why we delineate one particular way a house has to face, you can do a diagonal, you can do a reverse L or reverse U. There are examples of that here in Meridian over on Carlton where Jack Meridian City Council • • December 16, 1997 Page 36 Niemann lived or the (inaudible) are two examples of those type of houses on corner lots. I understand also that we are changing with respect to utility easements with Digline's new program where all four utilities are in the same trench. It seems to me in the future that would have some impact on utility easement widths. But Gary am 1 understanding right we are talking about having a fence be built at subdivision time between common area and property line for individual lots? Smith: That is what the comment says on our staff comments. Right, just to delineate the property line between the private property and the common lot. I don't know whether that came out of Shad's office, I assume it did but I don't know for certain. Or whether it came out of Public Work's office. But it is just a matter of delineating the property line so the common area stays as common area and it doesn't become part of a property owner or a private property lot. Morrow. Very candidly of the projects that I have been involved in in the last two or three years never has there been a requirement such as that. Basically the common areas are up to the homeowners association to administer. Very candidly (inaudible) by footing and foundation by the inspector is that you show the property lines and the setbacks by virtue of string lines or settings of the footings and government hasn't been involved in mandating fences between common areas and adjoining properties. Smith: Well we have been putting up quite a few, there have been quite a few fences put up in the City of Meridian on our projects delineating common areas. Morrow. We have something wrong with the process then. Smith: I guess this is a situation that can cause problems, has caused problems with the property lines and the builders not recognizing where the property lines are and not taking the time to find out the property lines area until after the fact. Tolsma: We had that problem out at Elk Run when they built on the easements of the irrigation canal (inaudible) just moved them out a ways because that easement was there. Would ACHD put up a fence being as it is their drainage area? Would they have been the ones to require it. All of these lots are ACHD drainage area according to this map here. Smith: No the irrigation district wouldn't excuse me ACHD wouldn't. We just barely have been able to get them to maintain the drainage ponds for heavy maintenance. So they wouldn't have done that no. Tolsma: They are the ones that are going to regulate what is built on it according to this design on the map. Smith: I guess ultimately they would but initially they wouldn't care they wouldn't get involved in it. The plan for the house comes in and they don't see that they don't Meridian City Council 0 December 16, 1997 Page 37 approve or disapprove. It is up to us to keep track of this and to make sure that one isn't infringing upon the other. Tolsma: What you are trying to say is a lot of smoke and no fire. Smith: Well they just don't get involved in the small picture and it is only after the fact if there is a problem if a problem occurs that they are involved. Tolsma: it seems like every time there is an easement somebody has a variance for it. Smith: I couldn't say every time but it seems like it happens a lot, easements get lost, common areas get lost over a period of time. Easements are a real problem, especially if it is a sewer line. But common areas I guess on what it is and who is taking care of it and what the purpose of the common area is, what purpose is it serving for the subdivision. Is it indeed a common area that is accessible to all the people that live within the subdivision. Or is it a common area only for a drainage lot that is to be maintained by the homeowners association on the surface and the highway district takes care of the heavy maintenance on it. In effect that sort of lot is still enjoyed by all of the homeowners because it is taking the drainage off the streets and disposing of the drainage so it needs to be there. I don't think and I will have to have the Planning and Zoning Department speak for themselves but I don't think the intent was to erect a six foot cedar fence along those lot lines. I would assume that any kind of a fence that would delineate a lot line would be acceptable, it would just need to be something to delineate it. That would be the only issue and I can understand Van's proposal to have this all happen at the time building permit takes place as long as we catch it and make sure it does happen. We try hard but it doesn't always happen. I just cited an example a few minutes ago of what we didn't catch. As far as the easements are concerned maybe I can just address that for a minute. There is a common trench easement Councilman Morrow along the front of the lots and that is what we are working with right now. The easement that I am talking about that I am speaking of in the ordinance is a direct quote from the ordinance, I am trying to resolve that question not create a problem for this developer or for Packard Subdivision. I don't know that there is anybody that runs down side lots any more, I really don't, is there Van? Elg: Not very often, I can't think of any. Smith: When you go into serve a house with gas or electricity is there any easement required to get to the house? Elg: No, Mr. Mayor one thing I might point out is any kind of fence we put up if we figured it was three to five dollars a foot with the amount of fencing we have got around common areas on this project alone we are probably looking somewhere in the neighborhood of $5000 to $150J0 (End of Tape) Meridian City Council • December 16, 1997 Page 38 Morrow. Mr. Mayor, I still have a major problem with this concept. I don't think the City needs to be in that business. I don't think that the City at the point of building permit ought to take the responsibility. I think that when you begin to take .the responsibility for something is when you have some potential liability. Very clearly in our industry if we build on the wrong lot we do something that encroaches within the easements it is up to us to resolve the problem. I have to tell you I have never been through this issue in the projects that I have worked on in the area. I don't think the City needs to be involved. I think the thing is when our inspectors are making the inspections of the footings and foundations and verifying setbacks and clearly every community in Treasure Valley requires setback verification at that point in time there are a set of plans on the project and the builder and the inspector verify the property pins and if the City is going to require anything it would be the requirement of property pins be exposed so that the inspector and the builder can verify location and setback. But in terms of us requiring fencing to delineate that it doesn't make good sense. Smith: Mr. Mayor, we can certainly require property pins to be exposed and certified that those are the property comers there is no problem with that. When our inspector goes out there to look at it, he tries to his best of his ability to determine where the property pins are. He asks the builder if the builder knows where the property pins are. It is not the responsibility of the inspector to verify that the property pins that the builder is using for reference are the correct pins. In other words there are pins in the ground out there it is the builder's responsibility to know that those pins are the property pins as surveyed according to the plat that has been recorded. A lot of times pins are moved, but we are not surveyors. Rountree: I have a question, the intent of the comment on the City's part it seems to me it reads that we are trying to protect the pedestrian ways, not all common areas. Is that correct or am I reading it wrong? Stiles: Mr. Mayor and Council this comment we have required this delineating fence on several projects. Some of the problems we have are sheds that are built either no on their property or not meeting setback requirements. We have had gardens that have been built out into common areas, dog runs put into common areas. The intent is not to make it a fortress or anything. I understand Gary's comment that he doesn't want to do that at the building permit, to me it would be okay to do that at the building permit. So to ensure that homeowner got the type of fence they wanted but to make that there was some type of fence constructed. We have had people go and put sprinkler systems out onto adjacent property that does not in fact belong to them. There is a case over in Golfview where it was platted as a common area, it has now turned into someone's backyard. It is beautiful, they have done a nice job, it is beautifully landscaped but it is also a drainage pond. Ada County Highway District was not contacted as far as I know as to whether that was appropriate for them to do that type of thing in that space. Those are just some of the problems we have had. We are just trying to not have to deal with these problems on a lot by lot basis once a subdivision is sold out. Meridian City Council . December 16, 1997 Page 39 Rountree: So if 1 can get from what you said you are talking all common areas not just pedestrian ways. Stiles: Correct Morrow. Shari let me ask you this, the bottom part of your comment was that once the subdivision is sold out these things begin to occur. Those issues ought to in fact be, homeowner association issues or their civil issues that wouldn't involve the City of Meridian. Basically if some body opts to capture the drainage retention pond of ACHD's and landscape it that is really an issue between them and ACHD at that point in time. Do we live with these (inaudible) what prevents if we require a fence to be built (Inaudible) are we going to be there when it is replaced or when it is tom down or moved. It looks to me like some of the problems that you are trying to resolve are not (Inaudible) from a practical standpoint. Stiles: It is eliminating a lot of the problems at the beginning that will occur, will have multiple problems instead of taking care of it all at one time. We live with every residence, every commercial building in the entire city for as long as it exists. Just because once it is built that doesn't end the problem and it is a happy story from there. Morrow. Part of the philosophical question here is what is the legitimate role of government, how far do we press one, that is really where we are getting with this. Stiles: 1 guess in lieu of requiring the fencing if we have covenants. We have no control over the covenants. I would think that the developer would at least desire some kind of common treatment around that common area and would probably want to delineate it somehow so he knew that everybody in the neighborhood was getting the full use and enjoyment of the area they were entitled to, but we don't enforce those covenants. Smith: We will just try and deal with it on building permits. Corrie: Any further questions? Rountree: I don't have any further questions but I don't know that is particularly the answer. Come: I know that has been a problem out there by your house (inaudible). Smith: It took a lot of time and a lot of people were involved in it to resolve it. But again that doesn't happen all of the time luckily, I guess it is a case sometimes where you make rules to try and resolve a problem because it turns into the problems you've had in the past are pretty serious or pretty bad and have taken a lot of time and effort. In doing so you penalize everybody. Meridian City Council December 16, 1997 Page 40 Rountree: I guess I am thinking of that situation and I am not sure what a fence would have accomplished in that situation. I think the homeowner in that situation would have pulled the fence up and done what they did anyway. But at least. it would have been obvious to them. Smith: That particular case the pond was probably 3 foot deep, it was pretty obvious anyway without a fence that it was a pond and it had a grate in the bottom of it and a catch basin in the street. But it was their efforts at maintaining the area which took it out of the need of the homeowners association to do so. And as you know most homeowners associations don't have much strength anyway. So that individual homeowner did take it upon themselves to landscape it and maintain it. The issue that came up was the adjacent property owners they were very upset that all of a sudden that common area was being used by that property owner. That was the big issue. So there were numerous phone calls, numerous conferences and numerous trips to the field ad a lot of time spent trying to resolve. I guess it was finally resolved at least 1 quit hearing about it, they moved. Rountree: No matter what our action is here this evening I think that is something that we need to keep in mind and we need to discuss more. Smith: We will just try and deal with it on the building permit side and hopefully we won't have the problem but if we do I guess I will just have to address it. Morrow. I think what we might want to take a look at Mr. Mayor if I might offer (inaudible) we will take a look at building permits that I have been getting and how they resolve that issue and maybe there is some common ground (inaudible). Corrie: How do you want to do the final plat? Rountree: I guess I would have a further question of staff, did they have any other issues with this final plat? Any difficulty with combustible fence on the one back yard on the one boundary? There was a suggestion as opposed to a non-combustible fence on Stiles: To be non-combustible on the west and south boundaries, that would be fine. Morrow. Mr. Mayor 1 am prepared to move that we approve the final plat for Tumberry Subdivision by Benchmark Land Co. with the suggestion that staff and the applicant work out the issue in terms common area property lines with respect to strengthening the CC&R's to delineate those and what can and can't be done in the subdivision with respect to those common areas. And that the fence issues or the approval of the combustible fencing on the south and west property be entered into the record. And the suggested change on item 14 with respect to we adopt and maintain Mr. Smith's suggestions in terms of the easements as explained by him. Tolsma: Second • Meridian City Council • December 16, 1997 Page 41 Corrie: Motion is made and seconded is there any further discussion? Rountree: Mr. Mayor I have a comment on the location of the permanent fencing. The applicant has actually indicated that their preference is on the north boundary, south and west. Elg: Shari is correct, we would prefer a non-combustible where we are not adjacent to, I mean a combustible fence where we are not adjacent to those irrigation laterals. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TURNBERRY SUBDIVISION: Morrow. I move to table to January 6, 1998. Bentley: Second Come: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: REQUEST FOR INSTALLATION OF A SEPTIC SYSTEM FOR A WAREHOUSE BUILDING BY MCCALL PROPERTIES: Corrie: I will invite the McCall Properties representative to come forward at this time. No representative from McCall Properties. Morrow. Mr. Mayor, that being the case I would recommend we table and have staff advise the McCall Properties that they have one more shot at making a presentation or it is will be removed from the agenda. This particular property is in the property that we discussed at our last meeting with respect to the negotiation problems. So it is appropriate (inaudible) my preference would be to table with notice that they can appear at our next meeting or be dropped from the agenda. Rountree: Motion made and seconded to table to January 6, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: REQUEST FOR A ONE YEAR EXTENSION ON BRIDGEWOOD CONDOMINIUM PROJECT: PACIFIC rM LAND MANAGEMENT A DIVISION OF PACIFIC SANTA FE CORPORATION July 18, 1997 City of Meridian Attn: Shari Stiles 33 E. Idaho Street Meridian, Idaho 83642 Dear Ms. Stiles: Enclosed are two copies of the draft CC & Rs for the Turnberry/Quenzer project. We will likely be making some minor changes prior to final recordation. Please let me know if you or the City Attorney have any suggestions for changes. I look forward to meeting you next week if our schedule works out. I'll give you a call on Wednesday to confirm our Thursday meeting. Thank -you for your assistance with this project. Please don't hesitate to call me if I can be of any assistance. Sincerely, John Knight, Project Manager Pacific Land Management enclosures cc: Van Elg @ Briggs Engineering, Kevin Capuzzi, Tom Sherwood, file C:\files\Projects\Quinzer\CC & R's Letter.wpd 16325 SW Boones Ferry Rd Suite 203 Lake Oswego, OR 97035 503-635-2996 Fax: 503-635-3122 11 After Recording Return To: Thomas A. Sherwood Pacific Land Management 16325 SW Boones Ferry Rd, Suite 203 Lake Oswego, OR 97035 DECLARATION OF • CONDITIONS, COVENANTS AND RESTRICTIONS F TURNBERRY SUBDIVISION Plat; and NOW THER Ir`yl° �lftmark L31ME110L L.L.C., does hereby declare the Property subject to the following: words or terms shall have the following meanings: refers to the TURNBERRY Subdivision :s described in Article V of this Declaration. and refers to a Lot, or to any tract or parcel within the boundaries of the Property in ists of a portion of a Lot, or contiguous portions of two or more Lots, when and if a _, means and refers to the Architectural Review & Control Committee formed and administered rposes described in Article IV of this Declaration. 1.4 "Common Property" means and refers to: TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 a. Any real property or interest in real property within the Property which is owned or leased by the Association or owned as tenants in common by the Owners, or designated in this Declaration for transfer to, or acquisition by, the Association; b. The separate lands depicted on and by the Plat as Tracts respectively; C. All lands lying within any public right of way within or contiguous with the boundaries of the Property, which it is now, or at any time hereafter becomes, the responsibility of the Association to manage, care for or maintain for the benefit of the public or members of the Association, or both; and d. All lands lying within or outside the boundaries of the Property or of any Lot or Lots now existing or hereafter created within the Property which, by virtue of the terms and provisions of this Declaration or otherwise, the Association is, or may become, responsible to manage, care for or maintain. The lands subject of the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated within or outside the boundaries of the Property committed to use for treatment, retention, infiltration or conveyance of storm or surface water accumulated or originating on the Property or any portions thereof which it is or becomes the obligation of the Association to manage, care for and/or maintain. e. "Common Property" also means personal property, tangible and intangible, of any description including, without limitation, funds, contract rights, stocks, bonds, investment receipts, securities, security interests, collateral, claims, causes of action or suit, and generally any and all interests in property other than real property, whether cognizable at law or in equity, now owned or at anytime hereafter acquired by or vested in the Association or in the Owners collectively or as tenants in common. 1.5 "Declarant" means the Declarant named above and its successors and assigns if such successors or assigns acquire all of Declarant's rights under this Declaration pursuant to a recorded instrument executed by Declarant. 1.6 "Dwelling Unit' means and refers to any building or structure located on a Building Site constructed, used, or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws and restrictions, including, without limitation, any structure or building commonly referred to as a "single family detached" residence or home. 1.7 "General Actions of the Association" means and refers to any action on the part of the Association duly effected by vote of no less than the Owners of two-thirds of all Lots now or hereafter subject of this Declaration which allows, authorizes or conditions, and/or restricts, limits or prohibits, any use, condition or activity affecting or within the Property and which applies to all Lots then subject of this Declaration. 1.8 "Lot' means and refers to any individually platted tract of land shown by any recorded subdivision plat or map of the Property and to any portion of the Property in private (as distinguished from public) ownership consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single Dwelling Unit has been constructed or exists. 1.9 "Purchaser" means the person(s) or party(ies) to whom a Lot is first conveyed by the Declarant. 1.10 "Owner" means the person(s) or party(ies), including Declarant and any Purchaser, owning beneficial title to any Lot (including the holder(s) of a vendee's interest under a land sale contract), but does not include a tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or imposed upon an Owner by virtue of the terms and provisions of this Declaration commence to exist upon acquisition of record title to any Lot by any means, voluntary or involuntary, and terminate upon transfer or conveyance of such record title by any means, voluntary or involuntary. Transfer or conveyance of title or any beneficial interest in a Lot shall not operate to discharge or release the transferor(s) from any obligation which they incurred as an Owner prior to record transfer or conveyance of such title or beneficial interest. Other words or terms which are initially capitalized and enclosed in quotation marks the first time they appear in the text of this Declaration shall have the meaning ascribed thereto by the terms or context in which they first appear. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 i ARTICLE II. Annexation Of Additional Properly 2.1 Declarant may, from time to time, and at its sole discretion, annex to the Property subject of this Declaration any adjacent property and/or future phases of the development now or hereafter owned or acquired by it, and may also from time to time, and in its sole discretion, permit other owners of land adjacent to, contiguous with or in the vicinity of the Property to annex some or all of such land owned by them to the Property subject of this Declaration. 2.2 Annexation of such land shall be accomplished by recording a declaration executed by, or bearing evidence of the approval of, Declarant, which shall: (i) describe the property to be annexed, (ii) establish any additional or different limitations, restrictions, covenants and conditions intended to pertain exclusively to all or any portion the land annexed thereby, and (iii) declare that such property is held and will be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to the terms and provisions of this Declaration as modified, amended or supplemented by any such additional or different limitations, restrictions, covenants and conditions. 2.3 Upon recording of such declaration(s), the lands therein described shall become a part of the Property for purposes of the terms and provisions of this Declaration. ARTICLE III. Conditions and Restrictions on Uses 3.1 Buildings Permitted: No building or structure shall be created, constructed, maintained or permitted upon the Property except upon a Building Site, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, and of permanent construction, may be erected within the building limits hereinafter set forth. No "Manufactured dwelling" or "Manufactured home" shall be installed or allowed to remain on any Building Site except as a temporary shelter or office facility for use by persons engaged in construction of one or more Dwelling Units on the property during the course of actual construction thereof, or as a temporary sales office for use of Purchasers, or real estate professionals representing Purchasers, engaged in marketing of new and unused Dwelling Units constructed or under construction elsewhere on the Property 3.2 Completion of Construction: The construction of any Dwelling Unit, including painting and all exterior finish, shall be completed within nine (9) calendar months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to extraordinary weather conditions, the Committee shall extend the time for completion of construction stated immediately above may be extended for a reasonable period of time upon written request of the party or parties otherwise responsible for, or engaged in, completing such construction. Building Sites and streets shall be kept reasonably clean and in workmanlike order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with construction of any Dwelling Unit or other improvements on such Owner's Lot(s). 3.3 Building Size: No single story Dwelling Unit may be erected on a Building Site unless it contains a minimum of square feet of enclosed heated floor area intended for residential occupancy and use, exclusive of unfinished attic spaces and crawl spaces, open porches, garages, garden houses and other free standing appurtenant structures. In the case of a Dwelling Unit having more than one living level, the combined square footage of enclosed heated floor area on all living levels combined shall not be less than square feet unless approved by the Committee. 3.4 Exterior Siding & Trim Materials: Exterior siding and trim materials utilized on Dwelling Units shall be of cedar, redwood, cementitious lap siding sized, shaped and textured to resemble natural wood, stucco, synthetic stucco or plaster (DrivitO or equal), masonry, masonry veneer and combinations of such materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if specifically authorized in writing by, and in the sole discretion of, the Committee, however vertical grooved (T-1-11 type) and other forms of panelized siding materials are not permitted. Exterior foundation surfaces, piers and exterior supporting structures for decks or similar structures extending more than 12 -inches above finish grade must be TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 sacked, sided or otherwise covered or screened from view and painted to match adjacent exterior surfaces. 3.5 Roofs: Roofing material must be of wood shake, wood shingle, concrete tile, ceramic tile, or a minimum thirty (30) year architectural -grade composition shingle. All roof colors must be of a moderate hue and earth tones approved by the Committee. 3.6 Garages: Each Dwelling Unit shall incorporate an integral or attached garage designed to enclose a minimum of two (2) and a maximum of three (3) automobiles. Carports are not permitted. 3.7 Exterior Colors: All colors and color schemes which will be applied to the exterior of any Dwelling Unit or other improvements constructed on a Building Site must be approved in advance by the Committee. No combination of exterior siding and trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit within the Property without advance written approval of the Committee. In granting or denying such approval, the Committee's determinations with respect to both the aesthetic desirability of the proposed color scheme and the proximity of other Dwelling Units which exhibit color schemes the same or substantially similar to the color scheme proposed for approval shall be final and conclusive for all purposes. 3.8 Fencing and Hedges: As used herein, "fencing" or "fences" means any barrier or wall consisting primarily of materials other than living plants physically constructed or located anywhere on the Property. a. Sight obscuring plantings such as hedges, and fences, shall not exceed 3 -feet in height in the front yard areas between any location less than six (6) feet behind the front wall plane of the Dwelling Unit furthest from the street and the street; or less than 5 -feet from the property line in side yards facing a street on any corner Lot. Unless greater height is expressly approved by the Committee, the maximum height of site obscuring plantings and/or fences located elsewhere on any Lot is six feet and must otherwise comply with any applicable ordinances. Trellises located on or immediately adjacent to, and parallel with, the exterior walls of a building are not subject to these limitations. b. Unless otherwise approved in writing by the Committee, fences shall be constructed of brick, natural stone and/or wood constructed in "good neighbor" style topped with 1 -foot of lattice and wood cap as shown in "Sketch A" attached to, and by this reference made a part of this Declaration.. Wooden components of fences must be sealed with a clear wood finish or stain, or painted, in harmony with Dwelling Units located nearby and shall not be permitted to "weather" excessively. Entry monumentation and fencing installed by or for the Declarant is not subject to the requirements of this section. 3.9 Animals: No insects, mammals, reptiles, amphibians, fish or birds of any kind shall be raised, bred or kept on any part of the Property, except a reasonable number of dogs, cats or other common household pets which are reasonably controlled so as not to constitute any nuisance or inconvenience to Owners and other residents of the Property. Provided, however: a. No household pet may be kept, boarded, bred or maintained anywhere on the Property for commercial purposes. b. No household pet shall allowed by the Owner or custodian thereof run at large on the Property or to enter upon any Lot(s) not owned by such Owner or occupied by such custodian without the express permission of the Owner or resident(s) Lot(s). Whenever any such household pet is on the Property outside of the boundaries of the Lot which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or otherwise physically restrained under the direct and immediate control of its owner or custodian at all times. C. All and any damage, inconvenience or unpleasantness occasioned by the keeping or behavior of any pet shall be the responsibility of owner(s) and/or custodian(s) thereof. d. Any losses, damages or expenses suffered or incurred by any person due to the keeping or behavior of any pet on the Property, shall be recoverable by such person from the Owner(s) of the Lot upon which such pet is present or kept with the knowledge or consent of such Owner(s) or other resident(s) of such Lot or person(s) present on the Property at the invitation or sufferance of such Owner or other resident(s). The Association may levy fines on such Owner(s) in the event of violations of this section. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 3.10 Unlawful and Offensive Activities Prohibited. a. No unlawful or offensive activities shall be permitted or carried upon any Lot or elsewhere on the Property by any Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of any such Purchaser or Owner. b. Nothing be done or placed on any Lot or elsewhere on the Property by the Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of the such Purchaser or Owner, which unreasonably interferes with or jeopardizes the use or enjoyment of other Lots, or which is a source of persistent annoyance to other Owners or residents of the Property. C. No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or the time(s) they occur shall be permitted to emanate from any Lot or Lots to other Lots. d. Any losses, damages or expenses suffered or incurred by any person due to violation of any of the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who committed such violation(s) or by whom the person(s) who committed such violation(s) were invited, or suffered, to reside upon or be present on the Property at the time such violation(s) shall have occurred. The Association may levy fines on such Owner(s) for violation of such provisions. 3.11 Business and Commercial Uses Limited. Except in conformity with General Actions of the Association, and subject always to all applicable governmental ordinances, agreements and land use approvals applicable to the Property, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot (including, without limitation, operation of a day care facility), nor shall any goods, equipment, business or commercial vehicles obviously identifiable as such, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot. However, nothing in this Section 3.11 shall restrict or prohibit: a. Activities relating to the sale of Lots or the rental or sale of Dwelling Units; b. Declarant, any Purchaser, any Owner or any contractor or other persons engaged in such activity as a business or commercial enterprise from constructing Dwelling Units or other improvements on any Lot or the storage or use construction materials and equipment on such Lots in the normal course of construction in accordance with the other provisions of this Declaration; C. Any Owner or other person(s) resident of any Lot from maintaining any business-related or professional personal library; keeping and maintaining personal, business or professional records or accounts; engaging in personal, business or professional telephone calls; communicating or conducting financial, professional, business or commercial transactions by computer, facsimile or other electronic devices not requiring outdoor antennas or receiving or transmission devices, and/or from meeting and conferring with business or professional associates, clients or customers, provided such activities are conducted entirely within the confines of a Dwelling Unit located on such Lot, and d. Any Owner or other person(s) resident of any Lot to park or store a business or commercial vehicle obviously identifiable as such within an enclosed garage located on such Lot. 3.12 Parking and Storage of Certain Motor Vehicles Prohibited. No motor vehicle in an obvious state of disrepair shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within or abutting the Property. a. A motor vehicle shall be deemed to be in an obvious state of disrepair if and when the Committee reasonably determines that the appearance or condition thereof is offensive to the Owner(s) or the occupants of Lots in the immediate vicinity thereof or otherwise detrimental to the aesthetic appeal or physical appearance of the neighborhood or vicinity in which it is located. b. Should the registered owner of any such vehicle, or the Owner(s) of the Lot upon or adjacent to which such vehicle is located, fail to remove, or cause removal of, the same within five (5) days following the date notice to remove the same is mailed to such owner or Owner(s) by or on behalf of the Committee, the Committee TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 may have such vehicle removed from the Property and charge the expense of such removal and any resulting storage of such vehicle, to the Owner(s) of such Lot. 3.13 Boats and Boat Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no boat or other watercraft, or trailer or other separate conveyance designed or used for purposes of transportation of any boat or watercraft, shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. No more frequently than one time a calendar month, one boat or other watercraft may be temporarily placed or parked outside on a Lot as far as practicable from adjoining streets for a period not in excess of 48 -hours for the purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such boat or watercraft for use or storage away from the Property following the end of such period. b. One or more boats or other watercraft, or one or more such trailers or other conveyances whether or not loaded, may be parked or stored on any Lot for more than 48 -hours if located in an enclosed garage or other permanent structure permitted to be constructed on such Lot entirely concealed from view from any adjoining Lot(s) and public streets within or abutting the Property. 3.14 Cameers, Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association, no motor vehicle accessories in the nature of camper tops, camper shells or truck bed units, no self-propelled recreational vehicles or "motor homes", and no "fifth wheel' or other types of camping or travel trailers shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within the Property. a. No more frequently than one time a calendar month, one such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not in excess of 48 -hours for purposes of enabling the Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise prepare such camper or vehicle for use or storage away from the Property following the end of such period. b. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be located or parked on a Lot for more than 48 -hours only if located in an enclosed conventional and attached garage on said Lot entirely concealed from view from any adjoining Lot(s) and public streets within or abutting the Property. C. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel trailer may be parked in the driveway of any Lot as far as practicable from adjoining streets and sidewalks for a period not in excess of three consecutive days for purposes of providing living accommodations to the owners or operators thereof while visiting as guests of the Owner(s) or residents of the Dwelling Unit located thereon. 3.15 Freight Trailers. Etc. No freight trailer or other wheeled vehicle designed for towing by any motor vehicle and for the purpose of transporting cargo, freight, equipment, signs, advertising media or commodities of any kind or description whatsoever shall be placed, parked or permitted to remain outside of an enclosed conventional attached garage or other permitted permanent structure located on any Lot, on any public or private street or roadway, driveway, or sidewalk within the Property. However, such a freight trailer or other vehicle may be placed or parked anywhere on the Property (except in such a manner as to interfere with, impede or otherwise endanger the safety of vehicular or pedestrian traffic over public ways or other areas provided for purposes of vehicular or pedestrian traffic) for the sole and exclusive purpose of being loaded or discharged in connection with, or for purposes of, delivering to or removing from any Dwelling Unit or Lot any furniture, furnishings, goods, services, merchandise, construction materials or other property for the use or benefit, or at the request, of any Owner or occupant thereof, or for the purposes of the construction, repair or maintenance of improvements to such Dwelling Unit or Lot, but only for so long as may reasonably be required for the purpose of such loading, unloading, construction, repair or maintenance. 3.16 Antennas and Similar Devices. Except in conformity with General Actions of the Association, no antenna, TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 aerial, satellite dish or other device or structure designed for, or used in connection with the transmission or reception of signals, telecommunications or data of any description shall be permitted on the roof of any Dwelling Unit or elsewhere on any Lot in plain view from any public street or sidewalk within the Property. Any such device or structure installed in conformity with the provisions of the foregoing sentence which is otherwise unsightly or unreasonably offensive when viewed from any adjoining Lot(s) shall be screened from view from such adjoining Lot(s) in a manner or by such means as may be reasonably determined by the Committee. 3.17 Underground Distribution of Services Required. All utilities and services shall be provided to Dwelling Units and other structures by means of underground pipes, conduits or conductors. No outdoor, overhead wire or service drop for the distribution of electricity or for telecommunication purposes, nor any pole, tower, or any other supporting structure(s) associated therewith, shall be erected or maintained on any Lot. 3.18 Recreational Equipment. Facilities and Structures. Except in conformity with General Actions of the Association, no playground, athletic or recreational equipment, facilities or structures, including without limitation, basketball backboards, hoops and related supporting structures, shall permitted, installed or utilized on any Lot in plain view from any public street or sidewalk within the Property. 3.19 Maintenance of Lots and Adjacent Improvements. The Owner of each Lot shall maintain all improvements located on said Lot in a clean and attractive condition, in good condition and repair and in such fashion as not to create a fire or other unreasonable risks of damage, loss or hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, driveways, walks and other exterior improvements (including landscaping of yards and planter strips along streets abutting such Lot) and glass surfaces. a. Damages suffered by Lots and/or improvements located thereon caused by fire, flood, storm, earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to undamaged condition within the time reasonably and objectively necessary in order to effect such repairs or restoration following damage. b. Each Owner shall likewise be responsible to repair damage from, and to maintain such Owner's Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto free of, unsightly, excessive or unsafe accumulations of refuse, debris, water, ice, snow and the like. C. Purchasers and/or Owners shall plant, replace and prune and maintain street trees and landscaping as required by the Declarant, and/or the City of Meridian, applicable General Actions of the Association and/or Committee policies or guidelines. 3.20 Tempora1y Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. Persons engaged in the construction, reconstruction, repair or remodeling of improvements on a Lot may place or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop facility, and/or to store or house tools, equipment or building materials in connection with such activities on such Lot and/or other Lots in the immediate vicinity. Such sheds and/or structures shall be maintained in good order, condition and appearance and must removed no later than the date the work undertaken by such persons on such Lot is completed or is discontinued or interrupted for a period in excess of 14 -days. 3.21 Setback, Maximum Height and Minimum Yard Requirements. Each Lot shall be subject to: (i) all setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public authority or agency having jurisdiction thereof and (ii) any land use review procedures established by any public authority or agency having or acquiring the power to establish, review or grant variances from any such requirements. 3.22 Landscaping. a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the results of such efforts, landscaping and planting of all areas of all Lots in plain view of adjacent streets, sidewalks and other Lots shall be completed to the reasonable satisfaction of the Committee or in accordance with applicable General Actions of the Association, if any, within nine calendar months following the date on which construction of any TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 Dwelling Unit on such Lots is substantially completed. b. Asphalt and artificial turf is not permitted for the purpose of surfacing driveways, sidewalks or other walkways, or as ground cover, on any Lot. Professionally installed, enclosed, "sport courts", tennis courts and similar improvements otherwise conforming to this Declaration are not subject to this prohibition. C. Retaining walls constructed with, or which include, railroad ties are prohibited. d. Ornamental items such as concrete, fiberglass or plastic animals or birds, fountains, bird baths, sculptures or figurines which are visible from adjacent streets or sidewalks are not permitted. However, architectural elements or details such as fountains or sculpture incorporated in the structure of a Dwelling Unit the exterior design and appearance of which has been approved by the Committee including such elements are permitted. e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent streets or sidewalks is prohibited except in beds planted with evergreen shrubs. Plastic, fabric and other materials in the nature of silt fencing installed on the surface of the ground in landscaped areas or elsewhere on any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and maintained in conformity with the foregoing sentence. f. Silt fences, hay bales and other materials commonly utilized for, or which function for purposes of temporary control of erosion and/or stabilization of soils shall be removed, or replaced by permanent improvements approved by the Committee as soon as practicable and in no event later than the time landscaping is required to be completed in accordance with subparagraph a., of this section 3.22. g. Unsightly or dying plants, trees, shrubs and/or lawns must be removed and replaced by the Owner of the Lot on which they are located unless measures are undertaken and completed to restore their appearance or restore them to a healthy and attractive condition. h. Noxious or poisonous plants of any description are prohibited everywhere on the Property unless continuously confined to the interior of a Dwelling Unit. i. Ponds, pools and/or other areas which contain or accumulate standing water which may result in the presence of mosquitoes and/or other undesirable pests, or which may constitute an attractive nuisance are prohibited. j. Excessive infestation by weeds in landscaped areas and/or lawns of any Lot in plain view of public streets or pedestrian walkways, or from less than 6 -feet above ground level on any adjoining Lots, must be remedied by or at the expense of the Owner or occupant(s) of such Lot. k. Unless the same has been determined to be diseased beyond cure, dead or dying by a licensed arborist or such removal is required by this Declaration or governmental regulation, order or ordinance, no tree with a trunk diameter of six (6) inches or more at the base may be removed from any Lot without the prior written approval of the Committee which approval may be conditioned on replacement of such tree with a tree of such type and size, and within such time frame, as the Committee may reasonably determine. I. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers which in any way interfere with the ability of motorists, cyclists or pedestrians using streets or sidewalks abutting or in the immediate vicinity of any Lot to readily observe and safely respond or react to the presence of traffic controls, other vehicles, bicycles or pedestrians on or entering the street or sidewalks from intersecting streets, driveways or other locations, are prohibited and shall be removed or altered to eliminate such interference(s) by or at the expense of the Purchaser or Owner of the Lot on which they are situated. M. Hedges, shrubs, bushes, trees and other landscaping elements present on any Lot which develop or grow to an extent which unreasonably impairs or eliminates an objectively significant and desirable views our outlooks otherwise available from or in the immediate vicinity of any Dwelling Unit situated on any other Lot, shall be trimmed or pruned, or if necessary removed, by or at the expense of the Owner of the Lot upon which such hedges, bushes, trees or other landscaping elements are present to the extent necessary to restore and preserve such views our outlooks. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 n. Landscaping shall provide for adequate drainage. Surface and storm water must be directed away from buildings located on a Lot and may not be allowed to pond on such Lot. Water may flow from an uphill Lot to a downhill Lot provided no diversion or channeling results in increase or concentration of surface water flow on downhill properties. Every Purchaser and Owner shall be and remain responsible for providing and maintaining surface water flows from their Lot in accordance with the drainage patterns which existed prior to construction of any Dwelling Unit and/or other improvements on, above and below the finished grade and contours of such Lot. 3.23 Sidewalks. Purchasers shall, at their expense, install or cause to be installed, across the applicable portion of their Lot(s) concrete sidewalks, driveway aprons and curb cuts associated therewith in accordance with all requirements and standards of Declarant, the Committee and the City of Meridian. 3.24 Signs. No signs of any kind shall be displayed to public view on any Lot unless approved by the Committee. The Committee shall develop one or more guidelines pertaining to signs advertising the availability of Lots and Dwelling Units constructed, or to be constructed on Lots for purchase, and in the case of Dwelling Units, for rent or for lease. Such guidelines may be amended from time -to -time at the sole discretion of the Committee. 3.25 Leasing and Rental of Dwelling Units. No Owner may lease or rent a Dwelling Unit or any portion thereof for a period of less than thirty (30) days. a. All leases or rentals of Dwelling Units shall be made subject of a written lease or tenancy agreement. Such leases or tenancy agreements shall provide that the terms thereof are subject in all respects to the provisions of this Declaration, the Bylaws of the Association and all rules and regulations duly adopted thereunder and complete copies of this Declaration, any such Bylaws, rules and regulations shall be provided by the Owner(s) of any Dwelling Units so leased or rented to the tenants or lessees upon commencement of their tenancy. Such leases or tenancy agreements shall further provide that any failure by the lessee or tenant to comply with the terns of this Declaration, said Bylaws and said rules and regulations shall constitute a default thereunder and cause for premature termination of the tenancy created thereby. b. If the Board of Directors of the Association or the Committee determines that a lessee or tenant has violated any provisions of this Declaration, the Bylaws or any one or more of the rules and regulations mentioned above, then, after having provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less than ten (10) days' advance notice of its intention to do so unless it is in receipt of reasonable assurance that such Owner has taken measures to prevent further violation by such lessee or tenant which the Board of Directors or Committee, in its discretion, finds adequate to insure that such violations will not recur, the Board or Committee may require the Owner to terminate such lease or rental agreement in compliance with applicable laws or ordinances governing residential tenancies. 3.26 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved on Lots as shown on the Plat. Within these easements, no structures, planting or other materials shall be placed or permitted to remain which may damage or interfere with utilities located therein or the flow of water through drainage channels in the easements. Those portions of any Lot which are subject to any such easement and all improvements therein shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority utility company or maintenance committee or other party is responsible. Owners shall be responsible for removal of any fencing or vegetation in, or which impairs access to any portion(s) of their Lots in the event a utility company, public agency or official, or the Association requests that they do so. ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL 4.1 Improvements Defined. For purposes of this Article and Declaration, the words "improvement" and "improvements" mean and refer improvements to, or alterations of land of, any description, including but not limited to the following: a. Landscaping except irrigation systems and shrubbery, groundcover, trees and other plantings located, installed, cared for, cultivated and maintained in accordance with the terms and provisions of this Declaration and any applicable General Actions of the Association; TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 b. Dwelling Units, outbuildings or shelters of any description; c. Fences, walls, hedges or other physical or visual barriers; d. Driveways, walkways, sidewalks, pathways or trails visible from any public street, road or sidewalk on or adjoining the Property; d. Outdoor recreational or playground facilities or structures on any Lot which are visible from any public street, road or sidewalk on or adjoining the Property and/or from any other Lot or Dwelling Unit; and e. Generally all and any other products or results of construction efforts or activities conducted on or with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place on a Lot for a period of time in excess of one-year unless intentionally removed, or altered or destroyed as a result of unexpected natural causes, and which (i) are, or result in, any significant alteration of the landscape of a Lot, or (ii) affects or discernibly changes the appearance of any building, Dwelling Unit or other thing physically constructed or installed on a Lot which is visible from any public street or sidewalk or from any other Lot or Lots or any Dwelling Unit(s) constructed on such other Lot or Lots. 4.2 Committee Approval Required. No improvement shall be erected, placed, installed or altered on the Property or any Lot therein contained until the construction drawings; samples or complete and accurate specifications for exterior surface materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similar features); paint and finish color chips or samples and a description or diagram of the exterior color scheme to be employed in the improvement, if any; any available diagrams or renderings of the proposed improvement(s); specifications and plans showing location and/or layout thereof, and information relative to the location of any trees to be removed to effect the improvement(s) proposed are delivered to the Committee for review and approval. 4.3 Procedure. Prior to application for any building or other governmental permit which maybe required for an improvement to be made and prior to commencement of work associated with the construction, installation, removal or alteration of any improvements not requiring any such permit(s), the affected Purchaser, Owner or other party intending to construct, install, remove or alter any such improvement shall prepare and submit one set of all materials and information of the nature described in section 4.2 immediately above to the Committee accompanied by a written request for approval thereof and full payment of any fee or charge payable to the Committee in accordance with its published rules, regulations or guidelines. a. Within ten business days following its receipt of all such materials and payment of any such fee or charge, the Committee shall use its best efforts to review the materials for conformity with the provisions of this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and guidelines of the Committee, applicable standards of quality of workmanship and/or materials established by the Declarant; for harmony of exterior appearance and/or design with existing structures and improvements; for location, compatibility with topography, finished grade elevations and contours, potential unreasonable or undesirable obstruction of views or outlooks from other Lots, and for conformity with proper grading and drainage standards and policies. On conclusion of its efforts, the Committee shall render its written approval, decisions or other response to the party who requested such review. b. In the event the Committee fails to render its approval or other response within twenty business days after all such materials have been delivered to it for review and any such fee or charge has been fully paid, the improvements therein described may be considered approved. 4.4 Committee Created: Membership: Appointment and Removal. The "Architectural Review & Control Committee" (the "Committee herein) shall be created by recording of this Declaration and shall consist of as many persons as the Declarant may from time to time appoint. a. The Declarant may remove any member of the Committee at any time and may appoint new or additional members at any time and shall keep on file at its principle office a list of names and addresses of the members of the Committee. b. Unless its existence shall have been previously extended by resolution duly adopted by the Board of Directors of the Association, the Committee shall cease to exist one year after substantial completion of all TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 0 • Dwelling Units on Lots which may now and hereafter become subject of this Declaration and the powers, discretion and duties of the Committee shall be exercised and performed by said Board of Directors. C. If the existence of the Committee is extended as aforesaid, the members thereof shall be appointed by, and sere at the pleasure of, the Board of Directors of the Association; shall consist of persons who are Owners of Lots, and shall not include any directors, members, officers or employees of the Declarant or any member thereof or any corporation, partnership or other form of business or commercial enterprise affiliated with or owning an interest in the Declarant unless such person is also an Owner of a Lot. 4.5 Liabilily. a. Neither the Declarant nor its members nor their agents, representatives nor employees; nor the Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any Purchaser, Owner, resident, occupant, tenant, lessee or other person who may suffer or claim any loss, damage, cost, expense, (including, but not limited to, attorneys' fees), liability or prejudice on account of, or attributable wholly or in part to, any act or failure to act on the part of the Declarant or any member, representative, agent or employee thereof, or the Committee or any member thereof, or the Board of Directors or any member or agent thereof having or exercising the powers, discretion and duties of the Committee, so long as such entities or persons acted or failed to act in good faith without actual cause to believe that their acts or omissions were grossly negligent or unlawful under all the facts and circumstances actually known and understood by them at the time such acts or omissions occurred. b. Under no circumstances whatsoever shall any action on the part of the Declarant, its members or their agents, representatives or employees: the Committee or its members, the Association or any director, officer or agent thereof, be deemed, construed or relied upon by any party or person interested in or affected thereby to constitute any review, analysis or approval of structural, geophysical, engineering or other technical, scientific or similar conditions or matters. C. Consent or approval on the part of the Declarant, its members or their agents, representatives or employees: the Committee or its members, or the Association or any director, officer or agent thereof, shall never, under any circumstances whatsoever, be construed as any form of representation, warranty or assurance on the part of Declarant, the Committee, the Association or any such persons respecting compliance with the requirements or provisions of any legislative enactments, ordinances, rules or regulations adopted or enforced by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied with by all Purchasers, Owners, residents and occupants of the Property regardless of any such consent or approval. 4.6 Actions of the Committee. Actions on the part of the Committee shall be effected by vote or consent of a majority of its members without the necessity of a meeting provided all the members thereof shall have been afforded a reasonable opportunity and are available for purposes of participating in the action. The Committee shall render its decisions in writing setting forth the decisions made and/or the action(s) taken which identifies by name the members who supported such decisions or action. 4.7 Committee Discretion. The Committee may, at its sole discretion, withhold or condition consent to or approval of any proposed improvement if a majority of the members of the Committee reasonably determines that the proposed improvement or any element(s) thereof would be inconsistent with the provisions or the intent and purposes of this Declaration; or inappropriate for the particular Lot(s) involved, or incompatible with any rules, regulations, policies, standards or design guidelines from time -to -time adopted by the Committee. Consideration of siting, location, shape, size, color, design, height, solar access, impairment of the view from other Lots, general appearance and compatibility with neighboring Improvements, effect on uses and enjoyment of other Lots, disturbance of existing terrain and vegetation and any other factors which the Committee reasonably believes to be relevant, may, but shall not be required to be taken into account by the Committee in determining whether or not to approve or consent to, or condition its approval of or consent to, any proposed improvement. 4.8 Non -waiver. Unless the Committee shall, in the exercise of its discretion, otherwise specifically agree or determine, consent or approval on the part of the Committee with respect to any matter proposed to it or within its jurisdiction shall never, under any circumstances whatsoever, be deemed to constitute a precedent or waiver TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 0 9 impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter thereafter proposed or submitted to it for consent or approval. 4.9 Effective Period of Approval or Consent. Unless a lesser period is prescribed by the Committee in a particular case, Committee consent to, or approval of, any proposed improvement shall expire twelve (12) months after such consent or approval is issued in writing as aforesaid unless: (i) construction of the work in compliance with such approval or consent has been commenced prior to expiration of such period, or (II) the affected Purchaser or Owner has applied for and received an extension of such consent or approval from the Committee evidenced in writing. 4.10 Applicability to Declarant. The provisions of this Article IV shall not apply to any improvements constructed by or for the benefit of Declarant on the Property. ARTICLE V. TURNBERRY SUBDIVISION OWNERS ASSOCIATION 5.1 Organization of TURNBERRY Subdivision Owners Association. Prior to execution and recording of this Declaration, Declarant has caused the organization and creation of a non-profit corporation called TURNBERRY Subdivision Owners Association (the "Association" herein). The affairs of the Association shall be managed by a Board of Directors in accordance with the provisions of this Declaration, and the Articles of Incorporation and Bylaws of the Association. 5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association of the same name. All of the property, powers and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in the successor unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association (as the same may be amended from time to time) as if they had been drafted to constitute the governing documents of the unincorporated association. 5.3 Powers. Duties and Obligations of Association Generally. The Association shall be responsible, and have the powers and duties necessary, for management and administration of the affairs of the Association generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all matters relating to all Common Property. 5.4 Specific Powers. Duties and Obligations. Without limiting the generality of the provisions of section 5.3 immediately above, the Association shall have, exercise and perform all of the following powers, duties and obligations: a. The powers, duties and obligations granted to the Association by this Declaration, its Articles of Incorporation and its Bylaws as the same are now constituted or hereafter amended, modified or restated. b. The powers and obligations of a non-profit corporation pursuant to the general non-profit corporation laws of Oregon. C. The power and obligation to care for, maintain, construct, reconstruct and otherwise manage and control all Common Property at the expense and for the use and benefit of the Association and its members. d. Any and all additional or different powers, duties and obligations necessary or desirable for the purposes of carrying out the functions of the Association pursuant to this Declaration and otherwise promoting the general welfare and interests of the Owners. 5.5 Membership. Upon and after closing of the sale of the first Lot to a Purchaser, the Owner(s) of each and every Lot then or thereafter made subject of this Declaration shall, during the entire period of such Owner's ownership of any Lot(s), be a member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. When more than one person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 • 0 5.6 Transfer of Membership. Membership in the Association shall be an incident of ownership of any Lot now or hereafter made subject of this Declaration, and any assignment, transfer, pledge, hypothecation, conveyance or alienation of such membership made or attempted in any way except by way of transfer of title to said Lot (and then only to the transferee of title to such Lot), shall be utterly null and void. Transfer of title to a Lot shall operate automatically to transfer the membership in the Association incident to ownership thereof to the transferee. 5.7 Voting a. The Declarant shall retain control of the Association until Turnover occurs as provided by section 5.11 of this Declaration and the Bylaws of the Association. At and following Turnover, each Lot shall be allocated one (1) vote in the affairs of the Association. If an Owner owns more than one Lot, such Owner shall have one vote for each Lot owned. Declarant shall be entitled to vote as the Owner of any Lot(s) owned by Declarant and the Association shall be entitled to vote as the Owner of Lot(s) then or thereafter owned by the Association. The Association shall not be entitled to vote as the Owner of any such Lot(s) in any election of directors. b. No lessee, tenant, resident or other occupant of any Dwelling Unit or Lot who is not an Owner shall have any voting rights in the Association. 5.8 Board of Directors. At and following Turnover, the Board of Directors of the Association shall be comprised of no less than three (3) directors. Directors shall be elected by vote of the members of the Association in accordance with the terms and provisions of the Bylaws of the Association and in the event of a vacancy occurring on the Board, the position of such director(s) shall be filled in accordance with the terms and provisions of said Bylaws. 5.9 Liabilily. Neither the Declarant, its members or any directors, officers, representatives or agents thereof nor the Association, any person serving as an officer of the Association, any person serving as a director of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a member of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any damage, loss, expense or prejudice suffered or claimed on account of any action or omission by or on the part of the Association, any such officer(s), any such director(s), or such Committee member(s), provided only that such action or omission was undertaken in good faith and in accordance with actual knowledge possessed by the entity or person responsible for such action or omission. 5.10 Interim Board. Concurrently with, or immediately following, filing of the Articles of Incorporation of the Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3) directors. The members of the interim Board of Directors of the Association shall serve until replaced by Declarant or until their successors have been elected by the Owners at or after Turnover as described in Subsection 5.11 immediately below. 5.11 "Turnover". a. Any time prior to the date upon which 75% of all Lots which are now and at anytime made subject of this Declaration shall be conveyed to the Purchasers thereof, but in no event sooner than 12 -months following the date this Declaration is recorded, Declarant shall turn over administrative responsibility of the Property then subject to this Declaration and control of the affairs of the Association to the Owners. b. Turnover shall be initiated by mailing to the street address of each Lot then subject of this Declaration a written notice of Declarant's intent to do so effective as of a date not less than forty-five (45) days following the date of such notice. C. Turnover shall be deemed for all purposes effective on the date specified in such notice whether or not the members of the Association at that time shall have elected a Board of Directors and such Board of Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation and Bylaws of the Association. d. If Declarant fails to provide notice of intent to turn over administrative responsibility for the Property and control of the Association prior to expiration period above-described, any Owner may give the notice as required TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 • by this section. • e. On the effective date of any notice of the nature described in subparagraphs b., or d., of this section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned their positions as such and their successors shall be elected by the membership of the Association as provided in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Declarant's possession relating to ownership of Common Property and administration of the Association as set forth in the Bylaws. Turnover shall take place notwithstanding the presence or absence of a quorum of members the Association at any meeting or assembly of Owners convened for purposes of assuming control of the Association or any lack or participation by such members in any other process or procedure initiated or conducted by any Owner(s) or the Declarant for such purposes. f. If and when Declarant has complied with the foregoing requirements of this section 5.11, unless Declarant otherwise has sufficient voting rights as an Owner to control the Association, Declarant shall be relieved of any further responsibility for the administration of the Association except as Owner of one or more Lots. g. Failure, neglect or refusal of the Association, its Board of Directors, any Committee or members of the Association, including, without limitation, the Declarant, to administer the affairs of the Association; or to exercise its powers, rights or prerogatives; or to otherwise perform the duties and obligations of the Association, or to see to or cause their performance in accordance with this Declaration, its Articles of Incorporation or Bylaws shall in no way affect or diminish the effectiveness of the terms and provisions of this Declaration, such Articles or said Bylaws or their binding effect on the Owners and Lots now or hereafter subject thereof. 5.12 Rules and Regulations. a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or revoke such rules and regulations governing the conduct of persons and use of Lots and Common Property as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property and/or conformity of such use with the terms and provisions of this Declaration, any other declarations annexing additional lands to the Property as above -stated, and any General Actions of the Association. b. A copy of all rules and regulations adopted on behalf of the Association and a copy of each amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered by or on behalf of the Board of Directors to each Owner at his, her or its address appearing in the records of the Association. C. All such rules and regulations, and any such amendments or modifications thereof, shall be binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is mailed or otherwise delivered as herein stated. Adoption of rules and regulations on behalf of the Association shall be effected in accordance with the Bylaws of the Association. ARTICLE VI. ASSESSMENTS AND LIENS OF ASSESSMENTS 6.1 Assessment of Owners and Lots. a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Lot Owners, other than Declarant, shall be obliged to contribute to the payment by or on behalf of the Association of all expenses and costs incurred or which are required to be incurred by the Association which are reasonably necessary in order for the Association to (i) perform effectively, or cause to be performed effectively the functions and obligations on its part to be performed under this Declaration, (ii) to care for, maintain, repair, construct, reconstruct and preserve all Common Property; (iii) to otherwise protect and preserve the Property and Common Property in keeping with the purposes of this Declaration set forth in the Recitals herein contained, and (iv) to enforce and otherwise promote or encourage compliance with the terms and provisions of this Declaration, its Articles of Incorporation, its Bylaws and all rules and regulations duly adopted consistent with the provisions of each and all of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and said Bylaws. For purposes of this Article VI, all expenses and costs of the nature described in this subparagraph are called "Association Expenses". The mechanism and method for recovery of all such contributions and amounts shall be assessment TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof. 6.2 Assessment of Declarant. Prior to Turnover, Declarant shall have no obligation for payment of any amounts assessed against and payable by an Owner pursuant to the provisions of this Article VI. However, following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such assessment shall be prorated to the date of sale of such Lot. 6.3 Payment and Collection of Assessments. a. Upon acquiring title to a Lot, the Purchaser(s) thereof shall pay to the Association through escrow an "Initial Assessment" in an amount equal to one-fourth (25%) of the total annual General Assessment (as determined in accordance with subparagraph a., of section 6.4, immediately below), payable with respect to such Lot during or for the Association fiscal year during which such title is acquired. Said Initial Assessment shall constitute an initial contribution to the working capital of the Association by such Purchaser(s); shall be used by the Association only to pay Association Expenses, and shall be in addition to the amount of the General Assessment otherwise payable with respect to such Lot during and for such fiscal year. b. Assessments shall not be waived or abated due to lack of or limited access to, or unavailability for use of, any Common Property. The Association shall take prompt action to collect from any Owner(s) any assessments which remain unpaid by such Owner(s) for more than thirty (30) days from the date payment thereof becomes due. 6.4 Basis for Assessments. a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to be contributed toward separately budgeted funds and reserves established for the common benefit of all members of the Association in accordance with General Actions of the Association or in accordance with the Bylaws during or for each fiscal year of the Association, less the amount of any common profits, Initial Assessments and surpluses of the Association, if any, available for payment of Association Expenses, shall be divided by the total number of Lots subject of this Declaration on the last day of the prior fiscal year and the result obtained shall constitute the amount of the "General Assessment" payable with respect to each Lot subject of this Declaration during and for such fiscal year. b. Notwithstanding the other provisions of this Article VI, the Association may assess any individual Lot or Lot(s) an "Individual Lot Assessment" to recover all or any portion of any costs, expenses, losses, damages or other charges incurred or suffered by the Association, or by the Owner(s) of any other Lot or Lots, attributable to the negligence or misconduct of the Owner of such Lot, any resident thereof, or the family members or invitees of any such Owner or resident, and for the recovery of any unpaid fines, fees or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and provisions of this Declaration, the Bylaws of the Association and/or any rules and regulations adopted in accordance therewith or pursuant thereto. 6.5 Notice of Assessments. The Association shall, not less than annually, provide written notice to the Owner(s) of each Lot setting forth the amount of the General Assessment and any Individual Lot Assessment payable with respect to such Lot calculated and/or assessed in accordance with section 6.4 of this Declaration. Payment of such assessments shall be due and payable on or before a date or dates, or in installments, as set forth in the notice which shall be not less than thirty (30) days after the date the notice is mailed or at such later time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The Association or its managing agents shall promptly provide any Owner who makes a request in writing with a written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect to any Lot(s) owned by such Owner. 6.6 Creation of Lien and Personal Obligation of Assessments. Whether or not stated or otherwise expressed any instrument conveying ownership of any Lot, by acquiring ownership of such Lot, each Owner shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to the Association all assessments or other charges as may be fixed, established and collected from time to time in the manner provided in this Declaration or the Bylaws of the Association. Such assessments, charges, and other costs together with any interest, expense or attorneys' fees imposed pursuant to Article VII of this Declaration shall be a charge on the land TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 and Lot so acquired and constitute a continuing lien upon such Lot until fully paid and satisfied. In addition, all such assessments, charges and other costs shall be the personal obligation of the Owner(s) of such Lot at the time the assessment or charge became due and payable. Such liens and personal obligations shall be enforced in the manner set forth in said Article VII. ARTICLE VII. REMEDIES 7.1 Non -conforming Improvements* Violation of General Protective Covenants. In the event any Owner or other person(s) for whose actions or omissions such Owner is responsible hereunder shall violate or suffer violation of any provision of this Declaration; the Bylaws of the Association; any rules or regulations adopted on behalf of the Association, or any standards, actions or decisions of the Committee herein provided for, then the Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative: a To notify the Owner in writing that the violations exist; that such Owner is responsible for them, and that unless such violation(s) are corrected or abated within such time following the date of such notice as is stated therein, the Association may take any action with respect to the correction or abatement thereof as may be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations; b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for the period that the violations remain unabated, or for any period not to exceed sixty (60) days for any infraction of its rules and regulations; C. To impose reasonable fines upon such Owner, in a manner and amount the Board of Directors of the Association shall deems appropriate in relation to the violation and to make any such fines the subject of an Individual Lot Assessment. d. Provided notice of the nature described in subparagraph a., of this subsection shall have be given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the Association, the directors or officers of the Association or the Committee, or any agent or representative thereof to liability for trespass, conversion or any other claim for damages) and remove the cause of such violation, or alter, repair or replace any non -conforming Improvement in such a manner as to make it conform the requirements or standards which pertain thereto. And, in any such case, the Association may assess such Owner for the entire cost of the work done, which amount, if not paid by such Owner, shall be made subject of a an Individual Lot Assessment levied with respect to such Lot. e. Resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate and/or avail itself of any other or further remedies available at law or in equity. Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and access to and from, such Owner's Lot. 7.2 Failure to Pay Assessments: Lien: Enforcement of Lien. If any assessment or other sum charged, levied or payable pursuant to this Declaration is not paid within thirty (30) days after it becomes due, such assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. In addition, the Association may exercise any or all of the following remedies simultaneously or consecutively: a. The Association may suspend such Owner's voting rights and right of use or the benefits of Common Property until such assessments and/or other amounts payable under this Declaration or the Bylaws of the Association, are paid in full and declare all remaining periodic installments of any annual assessments or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprive any Owner of access to and from such Owner's Lot. b. Enforce the lien arising under section 6.6 above for any assessments, including, without limitation, any Individual Lot Assessment(s) levied against such Lot under this Declaration or the Bylaws against the Owner of the Lot anytime after the date on which the assessment becomes due and payable to the Association. The TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 provisions regarding the attachment, notice recordation and duration of liens on real property under state regulations and laws shall apply to the lien of the Association arising hereunder. Such lien shall be foreclosed in accordance with the provisions regarding the foreclosure of liens on real property under Idaho regulations and laws. If any assessment or other amount due or to become due under this Declaration or the Bylaws is payable in installments, the full amount of such assessment or other amount is a lien from the date the first installment payment on account thereof becomes due. C. In any suit to foreclose any lien arising under this Declaration, in addition to the sums secured by such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable rental for the use of such Lot(s) during the pendency of the suit and shall be entitled to the appointment of a receiver to collect such rental. The Association shall have the power to purchase any such Lot(s) at the foreclosure sale and to thereby acquire all right, title and interest of the Owner(s) thereof and to hold, lease, mortgage, vote the votes appurtenant to, convey, and otherwise deal with such Lot(s) and all improvements thereon as Common Property of the Association. d. Liens for assessments or charges provided for in this Declaration shall be subordinate to liens for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust on the subject Lot made in good faith and for value recorded prior to the recordation of the notice of the lien(s) provided for in this Declaration. e. Sale or transfer of any Lot shall not affect any lien arising under this Declaration. Provided, however, where any person or entity obtains title to a Lot directly as a result of foreclosure of a first mortgage, deed of trust or land sale contract, or by deed in lieu of foreclosure, the lien of the Association for payment of any assessments or charges which became due and payable prior to the acquisition of title by such person or entity shall be discharged and of no further effect except only if, in the case of a transfer or deed in lieu of foreclosure: (i) written notice has been delivered to the Association, addressed to the person or party authorized to accept service of process on behalf of the Association, informing the Association of the mortgagee's intent to accept a deed in lieu of foreclosure and stating that the lien of the Association may be extinguished in the circumstances specified in this paragraph, and (ii) any such transfer or deed in lieu of foreclosure is made of record no less than thirty (30) days after the date said notice is delivered to the Association. No such foreclosure sale or transfer in lieu of foreclosure shall discharge the Lot for liability for any assessments or charges thereafter becoming due or from the lien of such subsequent assessments or charges. f. The Association may bring an action to recover a money judgment for unpaid assessments, fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described Subsection 6.6. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made. g. The Association shall have any other remedies available to it at law or in equity for recovery of any assessments, charges or other sums due or recoverable by it pursuant to the provisions of this Declaration or the Bylaws. 7.3 Nothing contained in this Article VII or elsewhere in this Declaration save and except all and any limitations on liability herein set forth shall be deemed or construed to limit, impair or prohibit any Owner from seeking any remedy which such Owner may have or acquire by virtue of violation of any or the terms or provisions hereof on the part of any other Owner, resident, occupant or other person or party who may commit an actionable wrong with respect to such Owner including, without limitation, the right to enjoin violation, or to compel performance or enforcement of any terms or provisions herein contained and the right to recover on any claim or cause or action or suit arising in favor of such Owner by virtue of the express terms of this Declaration. 7.4 Notification of Lien Holders. The Association may, and if requested in writing by the Owner to do so, shall, notify the holder of, or beneficiary named in, any mortgage, trust deed or vendor's interest under any land sale contract covering individual Lot of any default in performance of the terms of this Declaration by the Owner thereof which is not cured within sixty (60) days. However, failure, neglect or refusal on the part of the Association to provide any such notice shall not result in liability of any kind on the part of the Association to any party or parties requesting any such notification, such Owner, or any other person or party who may otherwise be injured or damaged by reason TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 of such failure, neglect or refusal on the part of the Association. 7.5 Attorneys' Fees and Costs. If any action, suit or other judicial or quasi-judicial proceeding is initiated by any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of recovery or relief on or under any claim, cause or action or suit or remedy provided for or described hereunder, or otherwise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially prevailing party or parties in such action, suit or other proceeding shall be entitled to recover in addition to all other relief afforded such party or parties, from the other party or parties in such action, suit or other proceedings, such prevailing party's or parties' reasonable attorneys' fees, charges and expenses; statutory costs, and the reasonable costs of necessary discovery and fees of expert witnesses or consultants engaged by such party or parties in connection with the prosecution or defense of such proceedings as fixed by the court(s) or tribunal(s) by which such action, suit or other proceedings, including appellate proceedings, shall be tried, heard and finally decided. ARTICLE VIII. MISCELLANEOUS COVENANTS 8.1 Invalidity: Gender: Captions. The invalidity or lack of enforceability of any terms or provisions of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms and provisions of this Declaration and the same shall be construed and enforced in such a manner as to effect the evident intent and purpose of this instrument. As used herein, the singular shall include the plural and the plural the singular. The masculine, the feminine and neuter shall each include the other as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way limit or impair the effectiveness of each and all of terms and provisions of this Declaration. 8.2 Amendment. a. This Declaration, and any individual terms or provisions hereof from time to time in effect with respect to all or any part of the Property, may be amended or repealed by Declarant alone at any time until Turnover or, after Turnover, by vote or written consent of not less than seventy-five percent (75%) of all Owners, provided that (i) no such amendment or repeal affecting the rights and obligations of the Declarant hereunder may be effected without the express written consent of the Declarant and (ii) no such amendment or repeal affecting the rights or obligations of less than all Owners hereunder may be effected without the express written consent of less than two thirds of the Owners to be affected thereby. b. Any action effecting any such amendment or repeal shall become effective only upon recordation in the deed records of Ada County, Idaho, of a certificate of Declarant prior to Turnover, and thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment, amendments or repeal so approved and certifying that said amendment, amendments or repeal have been approved in the manner required by this Declaration. 8.3 Regulatory Amendments. Notwithstanding the provisions of section 8.2 immediately above, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to amend this Declaration in order to comply with the requirements relating to the development of single-family residential Improvements within the Property contained or required by the provisions of applicable statutes, ordinances, regulations or guidelines of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States, the State of Idaho, Ada County, or of any corporation or other entity wholly owned, directly or indirectly, by the United States, the State of Idaho, Ada County which insures, guarantees or provides financing for single-family residential developments or lots in single-family residential developments. 8.4 Duration. This Declaration shall run with the lands subject hereof and shall be and remain in full force and effect at all times with respect to all property included within the Property and the Owners thereof until terminated. Following Turnover, this Declaration may be terminated only upon approval by the vote or written consent of the Owners of ninety percent of the number of Lots then subject of this Declaration. Any such termination shall become effective only if a certificate executed by president and secretary of the Association, certifying that termination shall become, or became, effective as of a date certain and that such termination was effected, by consent or vote of all TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 • Owners of property subject of this Declaration in the manner herein prescribed, shall be duly acknowledged and recorded in the deed records of Ada County, Idaho. 8.5 Joint Owners. In any case in which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility and liability of such persons under this Declaration shall be a joint and several and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to any pending matter, any such Owner may deliver written notice of such disagreement to the Board of Directors of the Association and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given or withheld with respect to such matter. 8.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvements to or enjoyment of such Owner's Lot and other areas within the Property. All Owner(s) shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner. 8.7 Nonwaiver. Failure by Declarant, the Association, the Committee, or any Owner to enforce any term, provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 8.8 Notice of Sale. Mortgaae. Rental. or Lease. Immediately upon the sale, mortgage, rental, or lease of any Lot, the Owner thereof shall promptly inform the secretary or the Association or its managing agent(s) of the name and address of the vendee, mortgagee, lessee, or tenant. 8.9 Notices and Other Documents. All notices and other communications under this Declaration shall be in writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or three (3) business days after the date the same are deposited in the United States mail, first class postage prepaid, addressed to the person(s) or party to whom such notice is directed at its address determined as provided section 8.10 below. 8.10 Addresses. All notices and other communications under this or her Declaration shall be given to the persons and parties affected by this Declaration at the following addresses: a. If to an Owner, then to the last address for such Owner shown in the Association's records; b. If to the Declarant, then to: Benchmark Land Company, L.L.C. c/o Pacific Santa Fe Corporation P.O. Box 1948 Lake Oswego, OR 97035, and C. If to the Association, then to: TURNBERRY Subdivision Owners Association c/o Northwest Community Management Co. 18861 SW Martinazzi Ave., Suite 21 OF Tualatin, Oregon 97062 8.11 Change of Address. Any person or party affected by this Declaration or who has or claims an interest in the Property or any portion thereof may change the address to which notices shall be directed to such person or party by giving thirty (30) days' written notice of such change of address delivered as provided herein. 8.12 City of Meridian Disclaimer. These Covenants constitute a private agreement among the owners of lots within TURNBERRY Subdivision and will not be enforced by the City of Meridian. These covenants have not been approved or disapproved by the City and do not restrict the City's authority to adopt or amend its development regulations. There may be conflicting requirements between these covenants and the City's regulations. The City will limit its review of a development application and the issuance of permits to the requirements of its regulations and any condition of approval. It is the duty of every person engaged in TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 • • development within the TURNBERRY Subdivision to know the requirements of these covenants. In the event there is a conflict between a City regulation and these covenants, any question regarding these deed restrictions shall be directed to the Architectural Control Committee. The City will not be liable for any approvals or permits which are granted in compliance with City regulations, but which are not in compliance with these covenants. IN WITNESS WHEREOF, the Declarant has executed this Declaration on this _ day of , 1997. Benchmark Land Company, L.L.C., an Oregon limited liability company. By Greg A. Hemstreet, Member By Pacific Santa Fe Corporation, Member By Mark P. Rockwell, President STATE OF OREGON, County of S.S.} The foregoing instrument was acknowledged before me on , 199_, by Greg A. Hemstreet who is a member of Benchmark Land Company, L.L.C., and by Mark P. Rockwell, President of Pacific Santa Fe Corporation, which is the only other member said of Benchmark Land Company, L.L.C., a member -managed Oregon limited liability company. Notary Public for Oregon My commission expires: TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 MERIDIAN CITY COUNCIL MEETING: DECEMBER 16 1997 APPLICANT: BgNCHMARK LAND CO, ITEM NUMBER: 18 &-19 REQUEST: FINAL PLAT FOR TURNBERRY SUBDMSION AND CC&R'S AGNY 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS�� may` 1/NU SETTLERS IRRIGATION: IDAHO POWER: U l� 1✓ US WEST: y � , INTERMOUNTAIN GAS: c� BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ' r Shari Stiles, P&Z Administrator Re: TURNBERRY SUBDIVISION NO. 1 (Final Plat by Benchmark Land Co.) 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 MARK NELSON BYRON SMITH December 10, 1997 We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A variance has been granted for the Safford Lateral which borders the south and west property boundaries. 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 ondomestic purposes such as landscape irrigation. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash, will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Proposed restrictive covenants were submitted for review in July of 1997. These CC&R's are on the agenda of 12/16/97 for approval by the City Council. Mayor and City Council 12/10/1997 Page 2 7. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk's office by 12:00 noon, December 12, 1997. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, non-combustible, permanent perimeter fencing is required to be in place along the northern boundary prior to obtaining building permits. Temporary fencing to contain construction debris shall be installed and maintained along all other boundaries of the subdivision prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A delineating fence shall be installed around the perimeter of all common areas/pedestrian walkways. A letter of credit or cash will be required for these fences prior to signature on the final plat. 3. Submit for approval detailed landscaping plans, including sizes and species of vegetation and fencing details, for all common areas. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 4. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.13. 5. Sanitary sewer service to this site will be via an extension of the mains installed as part of the Ashford Greens development. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 6. Water service to this site will be via an extension of existing mains installed as part of the Ashford Greens development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Tumbeny Subdivision No.I.FP.doc Mayor and City Council 12/10/1997 Page 3 7. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 8. Please add or revise the following notes: (1) ...for public utilities, drainage and irrigation... adjacent to any rear lot line public street, and subdivision boundary, unless dimensioned otherwise. (2) ...(5) foot public utilities, drainage, and irrigation property drainage, utility construction and maintenance easement adjacent to all side lot lines ... which do not front a public street. (7) ...approved by the City of Meridian, and the Ada County... (8) ...ACHD storm drainage easement for heavy maintenance of storm drainage facilities, and no... (10) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (11) All buildable lots are for single family dwellings only. Each dwelling shall be a minimum of 1400 square feet, excluding garage. 9. Add "City of Meridian" to the situate statements on the plat, and Certificate of Owners legal description. 10. Add the missing dimension to the west boundary of Lot 1, Block 4, and correct the dimension on the south boundary of Lot 13, Block 6, and westerly boundary of Lot 1, Block 3. 11. Add corner perpetuation filing numbers to the government corners referenced on the plat. 12. Temporary storm drainage easements to the Ada County Highway District are required, outside the plat boundaries, at the ends of W. Charles St., and W. Ravenscroft St. It isn't necessary to show the easements on the plat map. 13. What is the situation with respect to existing easements for the Phyllis Canal? Are there any that are going to have to be vacated and re -dedicated? Additional public utilities, drainage and irrigation easement area may be required due to the impact. 14. Graphically depict ten -foot -wide public utilities, drainage and irrigation easements adjacent to the easterly boundary (rear) lines of Lots 2, 3, 5 and 6, Block 3, and the southeasterly boundary (rear) lines of Lots 4 & 5, Block 3, and the northwesterly boundary (rear) lines of Lots 8 & 9, Block 3. Graphically show five-foot wide easements to the side lot lines adjacent to the subdivision boundary: Lot 1, Block 4; Lots 1 & 19, Block 5; Lots 1 & 13, Block 6; and Lot 2, Block 1. Tumberry Subdivision No.1.FP.doc 0 Mayor and City Council 12/10/1997 Page 4 15. Complete the Certificate of Owners and the accompanying Acknowledgement, and Certificate of Surveyor. 16. Place the symbol for the Initial Point, as referenced in the legend, to the initial point on the plat. 17. A development agreement is required as a condition of annexation. The development agreement will be approved by City Council and recorded prior to signature on the final plat. Tumbeny Subdivision No.1.FP.doc ** TX CONFIRMAT N REPORT ** DATE TIME TO/FROM 19 12/10 15:59 3452950 0EElM&A WILLIAM G. BERG. JR.. aly Cleat JANICE L SMITH. Cly Treasurer GARY 0. SMITH. P.E.. ary Engineer BRUCE D. STUART. water wbdm Supt. JOHN T. SHAWCROFT Wash Water Supt. DENNIS J. SUMMERS. Perks Supt. SHARI L. S71LES. P 3 2 Adp*,Utrelor PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS. FUM Chlor W.L. `BILL' GORDON. Poke CNMI WAYNE G. CROOKSTON. JR., Aeomey AS OF DEC 10 '97-16 01 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 02'01" 005 055 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 688.4433 • FAX (208) 887-813 Public WorkNSuild ng Depwumt (208) 887.2211 Motor Vchiok/Dnven Liccm (208) 888.4443 ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET TO: FAX NUMBER:I_)r - 2q5 2DATE:L2 "� DELIVER TO: \ APS 4 j /- TITLE/DEPARTMENT: TITLEIDEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET); FROM: COF MERIDIAN ^ ( FAX NUMBER (208) 887-4813 NAME: c1 d`T WALT W. MORROW. PMOi I*nt RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY TITLE/DEPARTMENT. COMMENTS:�c._c P 17 C40MIdlqSION JIM JOHNSON. Chaff rnOn MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 8884433 G. BERG, JR., City Clerk L. SMITH, City Treasurer 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 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIANI 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 9, 1997 TRANSMITTAL DATE: 11/20 /97 HEARING DATE: 12/16 /97 REQUEST: Final Plat for Turnberry Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: W. of Black Cat Road. S. of Ustick JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAINGAS(PR LI FINAL PLAT) BUREAU OF REC TI ELI ' FI L P T) CITY FILES q)� OTHER: YOUR CONCISE REMARKS: fwcavw N OV 2 4 1997 CITY OF UUMN 0 BERG, JR., City Clerk JA 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 40 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 9. 1997 TRANSMITTAL DATE: 11/20 /97 HEARING DATE: 12/16 /97 REQUEST: Final Plat for Tumberry Subdivision BY: Benchmark Land Co. LOCATION OF PROPERTY OR PROJECT: W. of Black Cat Road, S. of Ustick JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, PR BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION+ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT N O V 2 4 1997 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) ' IT` U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ER: `� // �, ` �} rl OTH YOUR CONCISE REMARKS: 0 a i L J SUPERINTENDENT Dr. Bob L. Haley November 24, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Turnberry Subdivision Dear Councilmen: N O V 2 6 1997 I have reviewed the application forTurnberry Subdivision and find that it includes approximately 68 homes assuming a median value of $115,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 11 elementary aged children, 5 middle school aged children, and 6 senior high aged students. The total cost per student for newly constructed schools, excluding site purchase price and offsite improvements exceeds $5,000 per elementary student and $10,000 per middle or high school student. The Meridian School District will grant approval of this development, however this development will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houlburg • Jim Keller • Steve Mann SUAIVISION EVALUATION REET Proposed Development Name TURNBERRY SUBDIVISION City Meridian Date Reviewed 12/04/97 Preliminary Stage Final XXX Engineer/Developer Briggs Eng / Benchmark Land Co The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall appear on the plat "NORTH BLACK CAT ROAD" "W CHARLES STREET" is approved and shall appear on the Mat "N TOURNAMENT DRIVE" is approved and shall appear on the plat "W RAVENSCROFT STREET" is over ten letters and approved by Ada County Highway District and shall appear on the plat "W CLASSIC DRIVE" is approved and shall appear on the plat "N AYRSHIRE PLACE" is approved and shall appear on the plat "N O'CONNER AVENUE" is approved and shall apear on the plat "N BONALLACK AVENUE" is approved and shall appear on the plat The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE", GENCY aPESENTATIVES OR DESIGNEES T �L Ada County Engineer John Priester �/S� .G�- Date Ada Planning Assoc. Ann Hurley ,&- Date `+ cl City of Meridian Representativ v Date19 Fire District Meridian RepresentativeAtZ: Date/--' -5-' NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N 1W 4 Section NUMBERING OF LOTS AND BLOCKS 6k -",:: ,1=91z-' TR\SU8%SM CITY.FRM CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT (o—o DISTRICT Environmental Health Division ?FCE�y�� Return to: PRHEALTH ❑ Boise DEPARTMENT DEC 0 2 1997 ❑ Eagle Rezone # ❑ Garden City • ��T1eridian Conditionag ❑ Kuna Preliminary/ hort Plat USB �Ov�cC/vis �� ❑ ACZ /�t'�CLi ham- NQS ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 9A- 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 54 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: Z central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines R `central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13 lam We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store b�- �'-*�/ic-7•✓�v loci `moi / J ❑ child care center err ST�l� 470-01, Date: / 0 W Reviewed By: Review Sheet CDHD 10/91 rd, rev. 7/97 • ENGINEERI G BRIGGS INC. December 12, 1997 Bruce Freckleton City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: TURNBERRY SUBDIVISION NO. 1 (Final Plat Review) Dear Bruce, QFCEIVE0 DEC 12 1997 'IM - IFRIDID? Please review the following responses as they relate to your December 10`h, 1997 comment letter: GENERAL COMMENTS: 1. Understood—The Sky Pilot Drain (originally identified as the Phyllis) was recently identified by the Nampa -Meridian Irrigation District (NMID) as a drainage ditch that they maintain. This drain ditch shall be piped in this phase. Plans are being submitted to the NMID for review and approval. 2. Not Applicable (NA)—No wells exist in this phase. 3. Understood—Pressurized irrigation plans are being finalized. The plans will be submitted to Nampa & Meridian Irrigation District. NMID's final letter of approval will be submitted, prior to receiving the City's signature on the final plat. 4. Understood—The subject property lies outside any designated FEMA floodplains. A note has been added to the final plat for future reference. 5. Understood—Fire hydrant locations are shown on the construction plans. We will coordinate any required location changes with the Meridian Public Works Department. 6 Suggest Change—Note since some of the CC & R's maw require additional changes prior to recordation of the final plat, we suggest the following: a Council approves the CC & R's as presented (dated July, 1997) and authorizes the City Staff to review and to approve revisions to the CC&R's to ensure compliance with items specifically related to City Ordinances, requirements, and Conditions of Approval. Written approval of the CC & R's must be obtained from the City Attorney or Planning Director prior to recordation of the final plat, and/or, b Council may address the CC&R's, if finalized, when action is taken on the Development Agreement for this project. 7. Understood—Street name approval letters were submitted with the final plat. The plat reflects the correct street names. Block and lot numbers still need to be approved the Ada County Engineering. 961016-7-2 Turnberry Subdivision (Final Plat) EI 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • • BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 FAX # (208) 345-2950 We will submit his approval letter prior to receiving the City's signature on the plat. 8. Understood—We submitted this information to the City Clerk, Planning Director, and Engineer. SITE SPECIFIC COMMENTS: I. Understood 2. Suggest Changes — a The issue of providing a "delineating fence around all common areas/pedestrian walkways", was discussed with City Staff. We suggest the individual lot owners may prefer to take advantage of the open area by planting vegetation instead having an fence. If they decide to install a fence, they should have the opportunity to install a fence that meets their needs and house design. We suggest that each lot owner provide a fence or vegetation plan for City acceptance, and that said plans be implemented prior to the issuance of the final occupancy permit. b The developer understands that a six foot, non-combustible, permanent fence must be constructed on the northern boundary of this phase. If acceptable, the developer would prefer a cedar fence in this location. c The developer understands a bond is required for fencing prior to signature on the final plat. 3. Understood—Plans were submitted and the landscape designer has been in contact with staff. The developer understands a bond must be submitted to the city for the improvements prior to signature on the final plat. 4. Understood—Five-foot sidewalks will be constructed as shown on the plans—per City requirements. 5. Understood—Engineer will continue to coordinate sewer design with the city. 6. Understood—Engineer understands water design must be coordinated and approved by the city. 7. Understood—Developer understands that all street signs, road base, street lights, pressurized irrigation facilities, domestic water systems (including activated hydrants), and required fencing must be installed prior to the issuance of building permits. 8. Understood—Notes on the plat were revised according to comments and discussions with Staff. 9. Understood—Changes complete. 10. Understood—Changes complete. 11. Understood—CP&F numbers added to the plat. 12. Understood—The easement documents have been provided to the developer and will be recorded. If required, these documents will be provided to the City prior to final signature/recordation. 13. Understood—The Nampa -Meridian Irrigation District notified us this week that the Phyllis Canal shown on the preliminary plat is actually the Sky Pilot Drain. We are coordinating the piping of this facility, and any required easements with the District. We will discuss this information with City Staff and any required easements will be identified prior to receiving the City's signature on 961016-7-2 Turnberry Subdivision (Final Plat) 2 • • BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 FAX # (208) 345-2950 the final plat. 14 Suggest Change—Notes on the plat were revised according to comments and discussions with City Staff, however, as discussed with Staff, we have specifically indicated the rear yard easements for all lots, rather than identify them by note. In either case, a problem with rear yard easements on corner lots (dual frontage options) is awkward—at best. The Ada County Engineer requires the identification of "a" rear yard easement at the time of platting (eventhough the easement may not be located on the actual rear yard lot line once the house is constructed) Because of this requirement, lots with this situation may be forced to forfeit five feet of buildable area—if the house is oriented differently. While we have shown the required easements, we suggest that a five foot utility easement be allowed and delineated on all corner lots This would satisfy the Ada County Engineer's identification requirements and still provide at least 10 feet of easement between lots. 15. Understood—Changes complete, and additional signatures will be obtained prior to requesting the City's signature on the final plat. 16. Understood—Changes complete. 17. Understood—Development Agreement information was submitted to the Staff as requested. When the agreement in complete, the Developer understands that City Council must approve the agreement. Sincerely, BRIGGS ENGINEERING, Inc. Van Elg, Project Manager/Planner VE:ve cc: Will Berg (Meridian City Clerk) Shari Stiles (Meridian Planning Administrator) John Knight (Pacific Land Development) 961016-7-2 Turnberry Subdivision (Final Plat) 3 WILUAM G. BERG, JR., city dark JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Enairuw BRUCE 0, S7UART; WOW Wbrks ". JOHN T. SHAWCRM, Whop Waller SupL DENNI31 SINNERS, Parks Supt SNARI L SOLES, P & 2 Mminleeralor KENNETm w eDWacM No emir W.L. BNL GORDON, Peloa C1" WAYNE O. CROOKSTON. JR., AMmey MEMORANDUM: • HUB OF TREASURE VAUff . A Cywd Place to Live CITY OF MERIDIAN M EAST IDAHO MZ>iaM)( K IDAHO W"2 Dion- (X2) U1114Q3 - FAX GM8874813 ArbHo WorlafflId4 ft Dalmrlrocot (M111) 887-2211 InS Depamomt (x08) 884.4252 To: Mayor and City Council R08M D. CORREE Mayor From: Bruce Freddeton., Amistemt to City Shari Stf les, P&Administrator Re: TURNBERRY SUBDMSION NO. 1 (Final Plat by Bendmlark Land Co.) Caummuggem WALT W. MORROW, Pre lcienu RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. SENTLeY P a Z COMMISSION .NAI JOiNiISOM, t2lUNMA MAL.COLM MAGGI Y KE1TM BOINJP MARK NELSON BYPON OWTH DGCCIDbiz 10, 1997 We have reviewed this submittal and offier the following comments, as cow of the 6=1 plat. These conditions shall be considered in f1111, unless expressly modified or deleted by motion of the Mein City Couna. GENEYtAL. COMMENTS 1. Any existing; ungation/drafnage ditches crossing the property to be included in this project, Shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate distrK or latecrall Taxers association. with written confirmation of said approval submitted to the Public Works Dep wmvnL A variance has been granted for the Safford Lateral which borders the south and west property boundaries. 2. Any domestic wells andior septic systems within this pini ct will have to be removed fmm their donvls c service per City Oalifinanoe Section 5-7-517. Wells may be used for non- domestic purposes such as lasndwvc irrigatwn. 3. Submit a plan approval letter to the Public Works Department -from the entity having jurisdicdm over design and construction of the press;urized ar%pdon systam. A letter of credit or cash, will be required for those improvements prior to signature on the final plat 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being pia#ted, and derail. plans for reducing or cHmiriating the boundary. 5. Coordinate bre hydrant placenwo with the City of Meridian Public Works Department, 6. Proposed restrictive covermnts were wed for review W July of 1997. 11 cm 0 &E's arc on the agenda of 12/16/97 for approval by the City Council. DEC 10 '97 Mayor and City Council 1211011.997 Page 2 7. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbeft and street names. Make any corrections necesmy to Condon. 8. Please address, in written form, all items contained in this mamoxandum (both Game W and Site Specific) and submit to ft City Clerk's office by 12:00 neon, Deer 12, 1997. Prior to development plan approval, those aopics of the revised plat must be reviewed by the Public Works Departrncni for complt with all conditions of plat approval. SM SPECIFIC COmayn 1. This final plat generally conforms to the approved preliminary plat. 2. Six foot -high, non-combustible., pennanent pethmeter femcing is regWred to be in place along the northern boundary prior to olrtain building permits• Temporary fencing to contain construction debris shall be installed and makdained along all other boundaries of the subdivisdion prior to obtaining bw1ding pw*s uuu m specific * waived is writing by ft City P&7. Administrator. A doing fa= shall be installed around the perinieUer of all eommDn areadpedesfrian walkways. A letter of credit or cash will be required for these firm prior to signature on the final plat. 3. Submit for approval detailed moping plans, incksding Sims and species of vegetaon and fencing details, for all common areas. A letter of credit or cash will be requited for these knprovenumts prior to signature on the final plat. All landscaping is to be cmVk ted prior to obtaining certificaics of occupancy. 4. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606M. 5. Sanitary sewer service to this site wr71 be via an cdox ion of the maw histalled as pert of the Ashford Oreens developmect. Approval ofthis appliesion needs to be continga t upon our ability to accept the additional sanitary sewage genorated by this proposed development. Applicant will be responsible to construct the wwe r mems to and through this proposed devekTnv nt. Subdivision designer to coordinate imam s=g and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer Imes on the south and west sides of omderliine. 6. Water service to tris site will be visa an extra on of existing mains installed as part of the AsMard careens developnre<rt. Applimbt will be resporlsible to construct the water mains to and through this proposed dcvelopmuat. Subdivision designer to coordinate main sizing and routing with the Public Works Department. DEC 0 Mayor and City Council 12/10/1997 Page 3 7. All street signs, mad base, street lights, pressurized irrigation system, domestic water systeam (activated fi m hydrants), and f are to be installed prior to obtaining buildng pis. 8. please add or revise the foilowmg notes: (1) ... for public utilities, drainage mrd irrigation... adjacent to any rear lot line public street, and subdfvfsfon boundWy. wlkxs dunemioned otherwise. (2) ...(5) foot public utilities, drsinW, and irrigation property drainage, utility construction and mahWnanoe easement edit to al side lot lines._ -which do not fioont a public stream. (7) ...approved by the City of Meridiam and the Ada County... (8) ...ACID storm drabuge easv=T4 for heavy mahenanee of storm drainage Scilities, and no... (10) The owner of each lot, across which passes an irrigationl&ainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an frrigationldrafnuge district: (11) All buildable lots are for single family dwellings only. Each dweJffng shall be a minimum of 1400 square feet, excluding game. 9. Add `qty of Mian" to the situate statements on the plat, and Ceatitieate of Owners legal description. 10. Add the missing dimension to the west boundary of Lot 1, Block 4, and correct the di inion on the south boundary of tot 13, Block 6, and westerly boundary of Lot 1, Block 3. 11. Add corner perpetuation fling numbers to the government corners refcrenced on the plat. 12. Temporary storm drainage casements to the Ada County Highway District arca required, outside the plat boundaries, at the ends of W. Charles St., and W. Ravensc roft St. It isn't necessary to "w the easert>ero on the pU& map. 13- What is the situation wikh respect to existing easwws for the Phyllis Canal? Are there any that are going to have to be vacated and re -dedicated? Additional public utfinties, drainage and irrigation easement area may be required due to the impact. 14. Oraphically depict ten -foot -wide public utilities, &un ge and irriggbon Pffle"e&s adjacent to the easterly boundary (rear) lines of Lots 2, 3, 5 and 6, Block 3, and the soutbewlerly boon dwy (rear) lines of Lots 4 & 5, Block 3, and the northwesterly boundary (rear) lines of Lots 8 & 9, Block 3. Graphically show five-foot wide easements to the side lot Imes adjacent to the subdivision boundary: Lot 1, Block 4; Lots 1 & 19, Block 5; Lots 1 & 13, Block 6; and Lot 2, Block 1. rodkny.&@ UEC 11J _ 16:X11 rK 1-1 t'( U1 I'Itt'i 1HN 1Vlayor and City Council 12/10/1997 Page 4 -Ub tJtJ ( tibi—) I IJ • 15. Complete the Certificate of Owners and the accOmParrying Actawwiedgem=' and Certificate of Surveyor. 16. Place the symbol for the Initial MM, as referenced in the legend, to the initial point on the plat. 17. A development agreement is required as a condition of annexation. The development agreement will be approved by City Council and recorded prior to signature on the final plan. TuMbW, 3111 "iOn N0.10`6W ** TOTAL PAGE -05 *-* • -__-_ _.._- ,� - � I 1' z ............... �a L 1 L L iL L kL e6 aD c o _�f_i�fe6Y°�,3 ,��°. �; v c q g 3 � ZZ 617; 5 Ci=FwgN wisZisgi aaiipnZZZ iM xi & qZZ� ggqqq8 �� M m �3ll�p�pRC�t�t�i8qlab^@5p�p9gq8g=cR�Rii7E! 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