HomeMy WebLinkAboutStapleton Subdivision PP03-019 ~. ~
MAYOR -,r,, ~ ~.
' ~ LEGAL DEPARTMENT
i.
, ~
~
"C
~ {208) 466-9272 • FAX a6G-J405
Robert D. Cowie `
~
e~1'ii~~
, ,~ - _
aTV or-
I. _
'
P
~
PARKS & RECREATION
CITY COUNCIL MEMBERS V ~
Oy'
(
~
yj/'-•~} S- ~~
~/
~ (208) 888-3579 • Fax 898-5501
Tammy de Weerd `/ / ~ // ~
~~
~
IDAHO 1~ PUBL]C WORKS
(208) 89R-5500 • Fax 887-]297
William L. M. Nary T /~
y
~~
BUILDING DEPARTMENT
Cherie McCandless F
~F ~ (208) 887-2211 • Fax 887-1297
Keith Bil'd ~rFA°~TRensaat V.+~Y ~"sixce PLANNING &ZON]NG
. ieoa (208) 88d-5533 • Fax 888fi85A
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by:
37, 2003
Transmittal Date: July 2, 2003 Hearing Date: August 7, 2003
File No.: PP 03-019
Request: Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a
proposed R-8 zone for proposed Stapleton Subdivision
By: Wardle and Associates
Location of Properly or Project: 3880 West Ustick Road
David Zaremba, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, P/Z (No vaR, vac, FP)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
$anltary S2NICe (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District [No FP)
Meridian Post Office (FP/PP oMy)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP Doty)
U.S. West (FP/PP only)
Intermountain Gas (FP/PP ~~ty)
Bureau of Reclamation (FP/PP oMy)
Idaho Transportation Department (No FP)
Ada County (Annexation Doty)
Ada County Land Records (FP/PP Dory)
Meridian Development Corporation
Historical Preservation Commission
Your Concise Remarks:
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Pax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
•
CITY OF MERIDIANent
Plarming & Zoning Depa~
660 E• Wagg4°5533 Phone / (208 888-6854 pa~c 642
(208)
RE VEST FOR SUBDIVISION AppROVAL
PRELIMINARY PLAT 12.3.6)
~; Meridian Subdivision Ordinance -12-3-1 thru
GENERAL INFORMATION
1. Name of anneral location ofsiteS13680tWeUs k Ro d ion
2. Address, g
3, Owner(s) of record: Btu Britton
Address: 3680 W~ UstickRoad ~eanxdi IDID 8
Telephone: ~
4. Applicant: Jonathan Wardle Wardle & Associates
Address: 4940 E. Mill Station Drive Boise ID 83716
Telephone: (2081344-3448 Fax: (20813 4~ E-m~l~ dwardle wazdle oru .com
5, Engineer: Scott S~ he-w&H pacific
Address: 3130 S. O hee Street Boise ID 83705
Phone: (208) 3~ F~• 120813- 4~ E-mail: ssherrow(cr~whpacifiacom
billings: GS Develo ment LLC
6, Name and address to receive City
Address: 2011 Locust Grove Roa Meridian ID 83642 Telephone: (20818_ 9
PRELIMINARY PLAT FEATURES
1, Acres: 5.93
2. Number of building lots: ~ aoemm n ots lots lus 1 existin ome
3, Number of othee1 acre: 6 91 des ~ a°re
4. Gross density p
5, Net density per acre: 9 26 d~ gs Proposed: R_8
Existing: ~ Nine Mile Drain
6. Zoning District(s): otential green belt or pathway. ~
7, Does the plat border a p rovided for? No.~ No.
g, Have recreatioosed recreational amenities to the Ciry.
q Are there prop
10. Are there proposed dedications of common areas? Yes to the homeowners association.
For future parks? No. Ea le Middle School Ea le Hi h
11.What school(s) service the area? Ponderosa Element
School
Do you propose any agreements for future school ~tNo -°' Residential
12. Are there any other proposed amenities to the City. _
e of building (residential, commercial, industrial, office or combination : ~-
13. Typ Sin61e Family
14. Type of dwelling(s) (single family, duplexes, multiplexes, other): ~-
15. Proposed development features:
a. Minimum square footage of lot(s): 3,400 s.f.
b. Minimum square footage of structure(s): 1,100 s.f.
c. Are garages provided for? Yes. Square footage: 387 s.f.
d. Has landscaping been provided for? All residential and common lots will be landscaped.
A conceptual landscape plan is provided for the common lots and is subiect to further
refinement at final plat.
e. Who will own and maintain the pressurized irrigation system in this development? The
water rights are insufficient to have a functioning pressure imaation svstem. Therefore
no irrigation svstem is proposed and each lot will connect to City water to im¢ate the
ards The common lots along Ustick road will be serviced by an existing well. (See
narrative
Irrigation District: Not Applicable.
£ Are any lots intended for multi-family dwellings? No.
g. Are there special set back requirements? Yes. Explain: Typical minimum setbacks for
residential units within Stapleton Subdivision except as otherwise specified. shall be as
follows:
Front, from pro a line 18.5 feet
(Front, from back of sidewalk) (20 feet)
Rear 15 feet
Interior Side 5 feet
Street Side 10 feet
h. Were protective covenants submitted? Yes with application Date: June 9. 2003
16. Does the proposal land lock other property? No. Does it create Enclaves? No.
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada
County Highway District and Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewallcs will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat includes all appropriate easements.
6. Street names do not conflict with City grid system.
7. All items noted on the preliminary plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is incompliance with the above statements.
Si afore o pA plicant
~~
' .
r
~ LEGAL DEPARTMENT
MAYOR '
'
-" (208) 466-9272 • FAX 4GG-4405
Robert D. Corrie ~
c~rv or- ~A1'Al~n -- '' PAk KS & RECREATION
-,
•~- (208) 888-3579 • Pax 898-5501
CITY COUNCIL MEMBERS e
~~
eri~icn ~~ PUBLIC WORKS
Tammy de Weerd IDAHO 17
/ (208) 898-5500 • Pax 887-1297
William L. M. Nary ry /%
e BUILDING DEPARTMENT
Cherie McCandless y
ce
v
' (208 887-22] 1 • Pnx 887-] 297
)
Kei[h Bird '
ea ~TµensuRC V^"~~ sixee PLANNING&ZONING
leoa (208) 884-SS3 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: July 31, 2003
Transmittal Date: July 2, 2003 ,Hearing Date: August 7, 2003
File No.:
Request:
By:
PP 03-019
Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a
proposed R~ zone for proposed Stapleton Subdivision
Wardle and Associates
Location of Property or Project: 3680 West Ustick Road
David Zaremba, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No vaR, vac, FP)
Leslie Mathes, P/Z (No VAR, VAC, FP)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Ada County Development Services
Central District HeaRh
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP Dory)
U.S. West (FPrPPony)
Intermountain Gas (FP/PP oMy)
Bureau of Reclamation (FP/PP ~~ty)
Idaho Transportation Department (No FP)
Ada COUnty (Annexation Doty)
Ada County Land Records (FP/PP Dory)
Meridian Development Corporation
Historical Preservation Commission
Your Concise Remarks:
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (?08) 888-4218 Homan Resources Fax (208) 884-8723 Finance & UtiliCy Billing Fax (208) 887-4813
w
dJ~ .(~ 3
~ a _~~
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT
(RE: Meridian Subdivision Ordinance -12-3-1 thru 12-3-6)
GENERAL INFORMATION
1. Name of annexation and subdivision: Stapelton Subdivision
2. Address, general location of site: 3680 W. Ustick Road
3. Owner(s) of record: Betty Lou Britton
Address: 3680 W Ustick Road Meridian, ID 83642
Telephone: Fax:
4. Applicant: Jonathan Wardle, Wazdle & Associates
Address: 4940E Mill Station Drive, Boise, ID 83716
Telephone: (2081344-3448 Fax: (2081344-3922 E-mail: jdwazdle wazdlegorup.com
5. Engineer: Scott Sherrow, W&H Pacific
Address: 3130 S Owyhee Street Boise ID 83705
Phone: (208) 342-5400 Fax: (208) 342-5353 E-mail: ssherrow(a~whpacifiacom
6. Name and address to receive City billings: C-5 Development, LLC
Address: 2011 Locust Grove Road. Meridian, ID 83642 Telephone: (208) 898-0121
PRELIMINARY PLAT FEATURES
1. Acres: 5.93
2. Number of building lots: 40 new buildine lots plus 1 existins home
3. Number of other lots: 7 common lots
4. Gross density per acre: 6.91 dwellings /acre
5. Net density per acre: 9.26 dwellings /acre
6. Zoning District(s): Existing: CC=N Proposed: RR=8
7. Does the plat border a potential green belt or pathway? Nine Mile Drain.
8. Have recreational easements been provided for? No.
9. Are there proposed recreational amenities to the City? No.
10. Are there proposed dedications of common azeas? Yes to the homeowners association.
For fixture parks? No.
11. What school(s) service the area? Ponderosa Elementary Eagle Middle School Eagle High
School
Do you propose any agreements for future school sites? No.
12. Are there any other proposed amenities to the City? No.
13. Type of building (residential, commercial, industrial, office or combination): Residential
14. Type of dwelling(s) (single family, duplexes, multiplexes, other): Single Family
15. Proposed development features:
a. Minimum square footage of lot(s): 3,400 s.f.
b. Minimum square footage of structure(s): 1,100 s.f.
c. Are garages provided for? Yes. Square footage: 387 s.f.
d. Has landscaping been provided for? All residential and common lots will be landscaped
A conventual landscape elan is provided for the common lots and is subiect to further
refinement at final plat
e. Who will own and maintain the pressurized irrigation system in this development? The
water riehts are insufficient to have a functionine pressure irrigation system Therefore
no irn2ahon svstem is proposed and each lot will connect to Citv water to irrieate the
wards. The common lots alone Ustick road will be serviced by an existine well (See
narrative
Irrigation District: Not Aonlicable.
f. Are any lots intended for multi-family dwellings? No.
g. Are there special set back requirements? Yes. Explain: Typical minimum setbacks for
residential units within Stapleton Subdivision except as otherwise specified shall be as
follows:
Front, from prope line 18.5 feet
(Front, om back o sidewalk 20 feet
Rear 15 feet
Interior Side 5 feet
Street Side 10 feet
h. Were protective covenants submitted? Yes, with application Date: June 9, 2003
16. Does the proposal land lock other property? No. Does it create Enclaves? No.
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada
County Highway District and Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat includes all appropriate easements.
6. Street names do not conflict with City grid system.
7. All items noted on the preliminary plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements.
Si afore of Applicant
STAPLETON SUBDIVISION
Preliminary Plat
Stapleton Subdivision is an 11.76 acre development, with seventy-four (74) townhouses, two (2)
commercial lots, and eight (8) common lots, and is located on the west side ofNorth Locust
Grove Raad approximately 800 feet south of Fairview Avenue.
Project Background. Stapleton Subdivision is proposed for property that was previously
submitted and rezoned to C-N on November 18, 2002 (File No. AZ-02-025). The previous
owner /applicant had requested R-2, but was not granted the request because of language in the
Comprehensive Plan relating to the Mixed Use -Waste Water Treatment Plat area. During the
hearing process, the City encouraged any fixture applicant to submit a text amendment to allow
residential. This preliminary plat application for Stapleton Subdivision is a companion to the
aforementioned Comprehensive Plan text amendment, a rezone request to R-8, and a planned
development.
Preliminary Plat Checklist:
6. Modifications from Zoning Ordinance.
• Minimum Lot Size: 3,400 s.f.
• Minimum squaze footage for dwellings is 1,100 square feet, exclusive of garage
• Minimum square footage on first floor of multi-level units is 500 square feet
• 5-foot sidewalk along Ustick Road to be placed and meander within the 25-foot
landscape buffer
7. Development Features.
A. Open Space /Internal Pathway /Private Recreational Amenity
• Open Space.
- Homeowner parks and open space. Lot 1, Block 1, Lots 19; 30 and 38, Block 3,
and a portion of Lot 16, Block 3 are approximately 26,550 s.f, or 10.3% of the
total project.
- Nine Mile Drain. Lot 38, Block 3, the area along the Nine Mile Drain, will be
improved as active and passive open space. The applicant spoke with Meridian
Parks & Recreation about the future location of the regional pathway as depicted
on the Comprehensive Plan Land Use Map. Pazks staff indicated that although no
plan exists today for its development, the likely location is on the north side of the
Nine Mile Drain.
Internal Project Pathways.
- A four-foot sidewalk connection from Traveler Street to Tourist Street over Lot
30, Block 3
Private Recreational Amenity
- Two picnic / handscape azeas are planned for Stapleton Subdivision. These are
depicted on the landscape plan on Lot 19, Block 3, and Lot 38, Block 3, at the
northern terminus of Passenger Street.
Preliminary Plat for Stapleton Subdivision
Page I
B. Minimum Setbacks (as measured from the property line).
• Typical uunimum setbacks for residential units within Stapleton Subdivision, except
as otherwise specified, shall be as follows:
Front, from property line 18.5 feet
(Front, from back ofsidewalk) (20 feet
Rear 15 feet
Interior Side 5 feet
Street Side 10 feet
C. Common Driveways
• Common Driveway. Lots 36 & 37, Block 3, take access to the public street by way of
a shared, common driveway.
• Driveway for one-family dwelling. Lots 9 & 10, Block 3, each have 12 feet of
frontage and will access the public right-of--way by means of a 9-foot driveway.
D. Existing Home. The existing home will be platted as Lot 17, Block 3. It currently has
access to Ustick Road, and Stapleton Subdivision proposes that it continue to do so,
whereby its legal frontage and access to a public right-of--way be directly to Ustick Road..
The 25-foot landscape buffer /common lot will continue across the front of this lot up to
the west side of the existing driveway. This configuration will maintain legal frontage
and access on Ustick Road.
E. Signage. A detailed planned sign program, in conjunction with sign permits, will be
submitted to the City for review and approval at a later date for the following:
1. One (1) monument liens is proposed at the entry of Passenger Wav and Ustick Road
for the Stapleton development, and will conform to the R-8 Zone Standards of
Chapter 14, Title 11, Table A, "Sign Ordinance."
F. Fencing. The east and west property lines of Stapleton Subdivision will have a 6-foot
cedar fence. The northern boundary adjacent to Nine Mile Drain will be 6-foot black,
powder-coated chain link fence
G. Pressurized Irrigation System. The subject property has a limited gravity irrigation water
right, and the nature of the rotation makes it impossible to provide an effective pressure
irrigation system to the entire development. The users of the existing ditch system are on
a seven to ten day rotation. The rotation schedule and the minimal supply of gravity
irrigation water to the site make the functionality of a pressure irrigation system to the
entire site unreliable and unfeasible. We request that a waiver of requirements be granted
for Berkeley Square Subdivision. The applicant will work with Public Works to identify
the well-assessment for the residential units to use City water to irrigate their respective
lawns.
Preliminary Plat for Stapleton Subdivision
Page 2
A private well and pump exist on the property, which will be used to irrigate the common
area lots within the development. All residential lots will use city water to irrigate private
landscaped areas. It is our opinion that the existing well is inadequate to serve the private
lots within the development.
H. Sewer Main. Given the shallow depth of sewer in Ustick Road, the 8-inch main lines
through the Stapleton Subdivision will be built at 0.3% grade, instead of the standard
0.4%. This is similar to what was constructed at Berkeley Square because of depth
issues.
I. Proposed Development Features:
a. Minimum squaze footage of lot(s): 3,400 s.f.
b. Minimum square footage of structure(s): 1,100 s.f.
c. Are gazages provided for? Yes. Square footage: 387 s.f.
d. Has landscaping been provided for? All residential and common lots will be
landscaped. A conventual landscape plan is provided for the common lots and is
subject to further refinement at final plat
e. Who will own and maintain the pressurized irrigation system in this development?
The water rights are insufficient to have a functioning pressure irrigations stem
Therefore. no irrigation svstem is proposed and each lot will connect to Citv water to
irrigate the yazds. The common lots along Ustick road will be serviced by an existing
well.
Irrigation District: Not Applicable.
f. Are any lots intended for multi-family dwellings? No.
g. Are there special set back requirements? Yes. Explain: Typical minimum setbacks
for residential units within Stapleton Subdivision except as otherwise specified shall
be as follows:
Front, from pro e line 18.5 feet
root, om back of sidewalk) 20 eet)
Rear 15 feet
Interior Side 5 feet
Street Side 10 feet
h. Were protective covenants submitted? Yes, with application
13. Traffic Impacts.
At build-out, Stapleton Subdivision is projected to generate approximately 410 vehicle trips
per day.
14. Pre-Application Meeting.
A pre-application meeting was held with Dave McKinnon and Wendy Kirkpatrick on
Wednesday, June 28, 2003.
Preliminary Plat for Stapleton Subdivision
Page 3
19. Restrictive Covenants and / or Deed Restrictions.
Preliminary Covenants, Conditions & Restrictions for Stapleton Subdivision are provided for
review. The CCRs are subject to further review and refinement.
20. Groundwater.
A preliminary groundwater report is provided with this application
21. The Applicant will post the property ten (10) days before the hearing stating that an
application for a Preliminary Plat has been submitted to the City.
~'~ a..~
7 athan D. Wardle
Date: (o • ~l • U.3
Preliminary Plat for Stapleton Subdivision
Page 4
a
za
Og
~~
>z
~U
7>
~~
Z ~
W
J liJ
a
1a- g
N
r
O
~,
~~~
r ~;
r, ,
..
d
d
LL
O
0
v
0
0
m
M
0
0
n
N
O
O
r
O
O
O~
• • \ ~\.~.
~
`
.
~
~ e
,w
y4~~ ~ ..p N'w'
~y 'w. ' - ....
.....
l
.
~ {
~..
.
GI Mo"~~
1
sonm"wu \ we.Yam
~\.
•
pR
d
O ~ isu
"mn,m _.. r... ...u~u _..
smoo .. ~ '_.
i >.w
" m,o o ~rnm
~
n : ve
.~
rv"m o
vnn .,,e,o ~
aTa. ," , ~, .
om
"
.w
\ /
~
a
I 'R
~e ~~m
ze
~
~
3 "
x~,~,n,
I ~ e e
1 ~ Y
"s ",
z ,.,.
' ~
.,
" , ~
• uvuco
,..
~~.
- .,
"m
wwi ~,
. __
1 , ~ d, ,
~ "w
` ... »u `
1 ~
~
,.
A
~ '\
,en:
~+.~,
we ~~ '
o m
1
lu
"
1 a
,
~„ ~
\
~
~
_
"
'
"
~ "
~~
~
lu
r ;F
•P ;P
C
n
I
s'
m
o, DESIGNED BT: LMB CHECKED Bx LLC
C-5 DEVELOPMENT
,
DRAWN BS LMB APPROVED BY. PLETON SUBDIVISION
T
S
R
V LAST EDIT: 06 9 PLOT DATE: O6 9
DATE BY REV REVISION CK'D PPF VICINITY MAP
'
"
~~°~ r
e ~ = 300
1
a ,
Sd'AS-I'M!
ADA COUNTY IDAHO
MERIDIAN
m I~-..N , PROJECT NO DRAWING FILE NAME: SHEET
'
°'
°' SCALE
'
' .
7 30977-L4ND-VM01 1
~
. = 300
1 3097
0
8fi,73952 926()00618
WARR4'NTY DEID
Fee Value 8addvad N., S, BRI77TiR and 86TIY'LW BRI1"fON, Bneband and
Wifa "`~:
the / s , do hereby 817at, hai4ain, teIl and td¢7ey Dods NIRPERD 5. BRITTOB and
SR1TY L0U SRITTOR, Rutband and Nife
thtpatitas,Ahswtstttamtaddresit 5680 Nast uscick Road, Meridian, Idaho 83642
tho foLaspinp dtttxlbed Phu. is Ada Coaaty Irbdm, fa-wlt:
:ll :'ra: por:ica o: t.e Fsst f":sea sa-as c: :he Spu: west que_ter
_- :`s S:Lt 2e3: qna:._' =~ a.:.e: p: :its - Sov:9eas:
s^ cf the 3aatheaet qusYSr, e'_ .g .a 3ec:ica 34, iowLekL'p
- ir:r`h, ier{e :ilea:, cS as 3as=_ I•.e~ 3La¢, :~; ia3 Sactfi a¢fl
':B: rh w*s .Oti:: llua .. :~. ,.:.e.`.- " rs- :,Le '.Ip"Et [i.12
_:fi1Lat- :Ch l`E6 ~E^e.rbefC^°. CCL'727et`:: r5?-'J¢i'.ed $tateB G:
x2sY_ E: __.^.9 $81::]283: _3^2r _. . _ _... .a:^3^!L h ;,,---.r-Y,
__ _ _-_.. seC :ae C_° a - ?~ I:c^:b 64`'!•5''s6" Nsst
--_ -` ee- - -^_•-'~+: Fu:E: G? :Lv_tT^I:v: ::+.•_.. cesasul¢6
;7;r: -c°Gti'ji" ries: 371.17 ^ee: to a paCat; tieace
Lrrth C°04'l:" 8ss: +60.3:1 'eat tc a pert; thence
.^rth 57°06'24" SEat $8:.06 :eat tc the IiiEF:. ?O:i:: 03 i3n't,,II7~p'G.
_c:•:a-at-waq for roads, Eitches, ceaP3s ea3 laterals.
TOhF~ArVE Aln'D 1Y1 HOLD the esld geetmeu, wlth tltdt appratematm tmb the tttdd Ghraeteas ,
hdra and gulps fareour..Aml the said Grnatae s de hereby ea°mtat to sad
with tba uid G'amtea s : that t he 7 aralha aRaor s in {es tdmpla ad grid ; thtt lhep tt>t floe
Lem tR taettstbaanvs
tmd that a he 9 wDl enrraot and defend the tame trom aR htwPDl aLims wDatecevtr.
B
ecea
bez 8
19
86
DWed
:
}
~
~
r
~
~
~ / /~
Y. S. SRITiOB BR1S4(`LOU B8I21~
8S6T8 OF t0AH0. COL1N1'T O)
11nser aw'~W tlse tlda twCmaml was e>d as ramd at
bTdTE OF m,.ND t •
CDU:eTV ~ Ada J
a tw 8th a.r ur Deeembss +" tr ~'"aOYt °L S~'~ mLE
as
5'a t9 $$ qg a Nwn, Puallc, rretanuer ata~nC IV..4C:C.w~ ~•~+
~~~
N. 8. BtH~d Betty Lw Bsittea
" , ~ a7 Ems, aarf~N ~
aaa00a
met
~
M°aaa R I~nt ,ypo in la btiTe pnwa+.aee tame
wlaetar,d'w dte~Ael6 one eehrorkdrN is qie mat d DPMP C FeM
~N ~I~
_~_
' -~
•,
p
:~ ~ s ice.::....
w
r ~-~cw+~•+. ~//r/
r
ise
Ir41ru
~'
l' aralu
er
,
°,
~~..~........-~_...
I!y Catetdssfoa Espirnes 6117!92 9
~~~i'7%
r~~
'A
A
lay ,
_.~ ......_ ._.. .. ~Q) i ..,
1%'AIIHAN'1'Y lll';Isla
Far Vnlnu lioreivrd
BETTY LOU SRITTON, formerly BETTY LDU BONADI!tAif
-.J
nRDEfi NO. _ 1-~ 1 ? ~+ Sat/
737 15"!4
the `raptor , do ea herehy Rant, barivaln, aell apd convey tmW
W. S. BAITTDN and HETTY LDU BRITTDN, husband and wife
the grantee e, whtsle wrmnt addreae is
36811 W. (!stick Rd., Meridian, Idaho 83642
the folloatng deoatbed premieca, in Ada Conntp Idtlho, Wwlt:
All that portion of the East Fifteen Acres of the Southwest quarter of the
Southeast Quarter and all that portion of the Southeast Quarter of the
Southeast Quarter, all lying in Section 34, Township 4 North, Ranp,e 1 G'est
of the Boise Meridian, lying South and Westerly of tlxe South line 9F the
right of wayy of the Hight Mile Drainage Ditch (as hereinbefore conveyed to
the United States of America) together with all ditch and water rights
thereto belonging or used in connection therewith.
TO HAVE AND TO R111.D tho said premises, with their appurtenasras uato the sold Gnnteoa ,
tkhleir helre and aeeiBna forever. And the said GnnWr does hereby mveFUDt to end
wnh the said Gnntec a , that t he Y arehe owner a in fee simple of oid premises; flat they ate free
frPm eH hmumbnacee
and that they wiB warrant and defend the same from aB lawful elatme whatsoever.
I)aud
r ' ~ ' 1. /~Lr r~--ac'~r,'1-r,f /~,>f2~./ ,(,grin ~s, .in .e.•
et y t r tton, Fo-rmerly ,i ~ If
Betty l,o Bonadiman
BTATE OF IpA]IO. COUN1'T OF ~
6dnre me, ^ nstarr rihar fa and hr sdd tau, prr~
esnNlr aprearrd
''f1 ..
keswn m mr Fn eM pen,oa whm,• n.m,
mar,scra m tn..taan rvy aaa .rtn..h•an,•a m
me shpt v-q.'~ hll 't ~ ~+u:~uW eh..•w•.
, ' ~
~~
Lenldtna ,~ . ~~ ~~ ~ , ta.>w
aTATE OF iDABD, COUaTY 9P «-C~"L-~
1 Mndry eertllP Nat This inetrtttteot .tu dlad !or raeaM ar
u, renoetr as .., ; „!liivhs:L(Il IIF ~~~~_~~
u ?x, stn Put it ~,.' _ Ft.
tn.. / ?~rl, a.F.r ~ l
tv~tl' ,n ey ,and au1F rttardd io
of IMPd.:1 FbPo
jOFQIt B/15TIC?i
x Stds areotdee1 ~ //n
Fcee t qr _,
tdall b:
COMMONWEALTH
r', f,CIY\HU.\6,\',\t'AtlA,tu ~urv t~!r
l_.J
AFFIDAVIT OF LEGAL INTEREST
d~.
STATE OF IDAHO )
COUNTY OF ADA )
/ (name) (address)
" ,r ~, being fast duly sworn upon
may(, ~'Y . ~ I ~. x- L ~a fi a oath, depose and say:
(city) (state)
That 1 am the record owner of the property described on the attached, and 1 grant
my pmrmssion to'
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend aad hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the pmperty which is the
subject ofthe application.
Dated this ~ day of C/ )i h P ` , 20 O ~.
~. ,~ ~ ~:~a`~
(signature)
AND S WORN to before me the day and year first above written.
a'~~PALf~ /
a,~^~ OTAR Y ~,p Notary Public for o - ~~ ~[_
a Z. - ltesidmgat l~. GiLC-r-CJ
~ G
# PUByt O My Commission}ixpires: a'/S,D~p
~'~'??'s oP ~~~
~~~~~~ =;,~u;
PARCEL DESCRIPTION NNE 9, 2003
Project: STAPLETON SUBDNISION ANNEXATION DESCRIPTION
Project No.: 30977
A parcel of land located in the southwest'/. of [he southeast'/. of Section 34, Township 4 North, Range 1
Wes[, Boise Meridian, Ada CounTy, Idaho, as shown on Record of Survey No. 6018 recorded as Instnunen[ No.
102153960 on file in the office of the Ada Colmty Recordeq mare particularly described as follows:
Commencing et the southeast comer of said Section 34, marked by a 3" brass cap;
Thence North 69°43'00" Wes[ coincident with [he south line of the southeast'/. of the southeast'/, a distance
of 1320.23 fee[ (formerly 1320.27 feet) to a 3" aluminum cap marking the southeast corner of said southwest % of
[he southeast'/.;
Thence continuing North 89°43'00" West coincident with south line of said southwest''/o of Ore southeast %a a
distance of 494.98 feet West (fomrerly 495.05) to the POINT OF BEGINNING;
Thence North 00°12'21" East, 760.36 feet (formerly North 00°12'41" West, 760.49 feet) to a 1/2" rebar
P.L.S. 7045 on the southerly right-of--way line of the Nine Mile Drain, marking the beginning of anon-tangent
curve;
Thence along said curve to the left 72.85 fcet (fommerly 72.79 feet) coincident with said southerly right-of-
way line of the Nine Mile Drain, having a radius of 200.50 feet, being subtended by a chord bearing
South 62°48'27" East, 72.45 feet (formerly North 62°48'25" West, 72.39 feet) to a 12" rebar P.L.S. 7045 marking
the point of tangency;
Thence South 73°12'50" East coincident witkt said southerly right-of-way line of the Nine Mile Drain, 105.85
fee[ (formerly North 73°12'27" West, 105.95 feet) to a 5/8" rebar P.L.S. 7045 marking the beginning of anon-
tengent curve;
Thonce along said curve to the right 100.50 feet (formerly 100.29 feet) coincident with said southerly
right-of-wey line of the Nine Mile Drain, having a ra[lius of 190.92 fee[, being subtended by a chord bearing
South 58°11'12" East, 99.22 feet (formerly North 56°09'30" Wes[, 99.14 feet) to a 1/2" rebar P.L.S. 7045 marking
the point of tangency;
Thence South 43°03'08" East coincident with said southerly right-of--way line of the Nine Mile Drain,
45.1 ]feet (formerly North 436'32" Wes[, 45.13 fce[) to a 12" rebar P.L.S. 7045;
Thence South 37°25'01" East coincident with said southerly right-of--way line of [he Nine Mile Drain, 255.93
fee[ (formerly North 37°25'41" West, 255.94 fee[) toe 12" rebar P.L.S. 7045;
Thence leaving said southerly right-of-way line of the Nine Mile Drain, South 00°45'41" Eas[, 410.38 fee[
(formerly South 00°45'38" East, 410.53 feet) to a point on [he south boundary line of said southwest %. of the
southeast 1/4;
Thence North 89°43'00" West coincident with the south line of said southwest %a of the southeast'/ a
distance of 444.59 feet (formerly 444.70 feet) [o the POINT OF BEGINNING.
The parcel above described contains 6.38 acres more or less.
Together with and subject to covenants, easements, and restrictions of record.
Basis of Bearings is North 89°43'00" W est between the 3° brass cap making southeast wmer of Section 34 and the
3" brass cap marking the South'A comer of Section 34, Town~,8, `),forth, Range 1 Wes[.
End of Description.
STAPLETON SUBDIVISION BOUNDARY 6/912003 D. Shortlcp
Tahoe Canahudion\COnger Management Group
I:1Tahoe ConsnuctionU0977Ueke CenlerslSurveyr[.egelsWnnexeOon Legal Page j Of i
~...~,
~~e ~
rxxunaisrvm+rvasaoadnmMn '~' '~ € ~ a
T`'• ~ ~ ~ i OHtlOI 'NtlIOR13W ~ ~
4m+cff NOISU1I09f15N0131dtl15 ~ '~
-- ! sNlJ
c 5
`a •. A a 6°i!
~~n a~3
g£~~ E
ag z ~~°
9 ~ ~ ~ 3 I
j k ~
{ ~ ~ ~ ~ I ~ C ~ a ~
a "~"~ y e @
~ a~i~: a ~ ~ ~4444~ ~~~~~ ~~ ~ ~ ~a
~ ~
~~~ ~~~~~ ~~p ~ ~ ~ ~ ~ a ~tl~~
gga i € d £€£ 3e [ a :3]as
~~3 £~~I~~a 9 g 5
W ~€ €~ o Q Y i
J ;~~ ~~~~~~~ x~ j ~ ~ ~
c as a g ggq
~n FF ~ ! ~ s P s eg k g ~ ~ a gIg ~ ° ~I~ 3 ~ ~7~ ~3eB ~ @9 ~~~ s:a ~~~
i- 8 3 a I ~ 14 @ 9 ' ~ ~ g ~ a~ ' K °~ ~ ~: g °°3 ~~~~ ~' 73i ~r=l a
Z W ~$ ~2~ : ~ a a 3 ~. 'E! ~pe 3 ~e~~~.~9a~ :9E "a3q @~~~ ~~."~l.~~i'a3~
g~ s93It48 B E Ed! [j AAAS3 :B~Y:~~_E ~Si X33 ~j~~ ~ Eb KL. 6..
d - m .. a .. n ~ ']~ 8~ E' E C Ban' 3c
2 _ ~ _ ~Y 3£+ iPd: SI
~ ~: xg `3~~;j3i 4~ d
s®s
e $a
a ~ i @gy g y
7 33 $!`S9 @s3s€~p~~g~6 ~f)°~~~~ egg€~§ £~£~~I§p!§I ~~a
E~ a ~~I i g~~~§ aka
~ ~ ~ ~~
p£
I
_ ~~ ~ ~
9
i ~
~ s ~ ~ ~
~ F:
_~
e
a a$7 & $ ~ as $ ~
~~ ~ ~
~ ii
v
s
- i7
_ 5
~ fi ~ ~
e~
~.f
~~
rO
- f ~
F
~ O
oa°-
A°ma
@p~o
~~~~~
0. F
FOZ
O ~
h~
~~~~~~
Q O ¢ o
O
V ~ ~
U
0.
_ i
~I .c~d,~adNiwnaad s b< ~.~~, -I
- NO1S/Al08AS N0137dY1S ' ~ ~~ ~~ ^a I L
_J ~n 1.Nawdox3naas~ - d
~ yy ~ § ~ ~ ~ ~ ~a~ ~ ~ gg o ~ qq° ,.;~_ m ~ :ague,: -
p pa p ¢~e{{¢¢~ g ~S ~a w Y ~ ~ ~ ~ 6~ ~~' ~e~ ~g ffi ¢~ :~ $n P e~
®g9® ~Wd~ ~~®g~®9~ifggg GSS k99 § iyi° 5. ff °~ b~ yj®$eg¢ Y¢ b y~ ~ ~o 'yy ~~
R~~~~ ~~[~~~0 } i!~~~ ~Y~ eii i E Y b~~ ~~ ~b€ ~~ s ~~ nb R S
I I~ i~~,b I~ I ~ 1 ]e~ §: ~~~ a~ ~ g~ a ~q @ ~f
a II~ ~#~@~) s ~ i ~ e ~ 3~2 ~&y§Y esa er e e ~~ b$~ ~
gym' ,aId Yy ¢g - ~' 4~ ~ -. ° ~ iib pg€ ~ ~~ Ar~ & ~~ ~ ~g@-~ 's's's ~~
W I ~ I ~', ~ 9~~ gP °~i~~g~99w i m `u ~~ 3~ ~ ~y r3 ~9z & ~p Ye~ ~ - ~~
~~ g ~~_~
® 4 $~ e"°
z
QY07! SIDE NB.L - ~~~, w o
a
.. ,
^vY
.:`y3
a sb 0 -- a R
./~ x Y
i~ it In®~ al~ ,>.,
~ _
~~~
i
f ytn
/ ~
J
r ~~
S ~
' ~ ti ~ f
/ ,. <~.,,:' ~ ~ l
~ i
____ 1 ~ ~~ _~Y
~4. 1`sT~'!_
te~'~6-I i Yqp ~ y ~,, b i i ! I
~ L-3P+e
x.
l ~~
li
~_ r, ~ II
OO
`li
k
O
~~~
~~
~~~
• i •
USA BANK MOTWY
550 W FORT ST @N6 D CREEK SUB POA INC
BOISE Ib 83702-0000 PO BOX 739
N TEN MILE RD 8oI5E I 8371i-0000
W US K RD
WILKINS JOWN a
WILKINS RUTH E N VAL.A AVE
3764 W USTFCK Rb
MERIDIA ID 83642-5430 BENNER BRADLEY A
BENNER LAURIE A
FALCON CREEK LLC 3802 W ISMARK DR.
521 N ROBINSON RD MERIDI N ID 83842-0000
NAMPA ID 83687-0000
3365 N TEN MILE RD LENBER TIMOTWY 6
LENBER JACQUELINE M
BRITTON B1= { TY LOU PO BOX 083
3b80 W uSTICK Rb MERIDI ~N ID 8368D-0000
MERIDIAN ID 83642-5430 3780 W ISMARK DR
LEI&HTON RHC7NDA R SMOL KI ROBERT C
3610 W USTICK RD SMO KI KATHY SILL
MERIDIAN ID 83642-0000 3758 W SMARK
MERIDI N ID 83642-0000
CRANE CHARLES B
CRANE DAWN M WALFOR JEFFREY R
3600 W uSTiCK RD WALFOR KRTSTI L
MERIDIAN ID 83642-0000 3726 W SMARK DR
MERIDI ID 83642-0000
SMART RICWARD SCOTT
3875 W USTICK RD PARSO JON M
MERIDIAN ID 83b42-OD00 PARSO TARA L
3704 W SMARK OR
DAKOTA RIbbE HOMEOWNERS MERIDY N ID 83642-OD00
ASSOCdATION
PO BOX 44739 LOFTIS GOTT E
BOISE ID 83704-0000 LOFTIS k ELLI RENEE
W USTYCK RD 3be0 W SMARK DR
N TURNBERRY WAY MERIDI N ID 83642-0000
WHITM E KARMEN L
36b2 W ISMARK DR
MERIDI~N Ib 83642-0000
~ i ~
WRI6HT LLOYD C &
WRI&HT SHEILA L
508 W BENTON AVE
NAMPA iD 83651-0000
3169 N VALAM AYE
ST`Rl:'fC SUE ANNE
3160 N TVRNBERRY WAY
MERIDIAN ID $3642-0000
MAA5EN MARK B d
MADSEN JENNIFER
31fi8 N VAL.AM AVE
MERIDIAN ID 83642-0000
FRY bOU6LA5 5
FRY CATHERINE J
3132 N TURNBERRY WAY
MERIDIAN ID 83642-0000
FARNWORTH WARREN M
2004 S BANNER ST
NAMPA zb 83686-0000
3145 N VALAM AVE
84Y N N 6
BLY LA RNE
3785 W SMARK bR
MERIDI NIA 8364Z-0ODD
BOYLL D NALb P
3757 W MARK DR.
MERIDI Nib 83642-0000
MCKAY TAM E
61=RO MATTHEW' A
3725 W MARK DR
MERibI N ID 83642-0000
PUTMA CHERYL ANN
3703 W ISMARK DR
MERI~I N Ib 83642-0000
NIEF E66ER cHRISTi
NIEF &ER KEVIN D
3679 W K bR
MERibz N ID a36az-o0oo
MILLS NTON A
MILLS DNEY 4
3661 W MARK DR
MER]'DI N ID 83642-0000
PETTIN~II,L JERI
3100 N RNBERRY WAY
MERIbi N Ib 83642-0000
STAPLETON SUBDIVISION
DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by C-5 DEVELOPMENT
L.L.C. hereinafter referred to as "Declarant."
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in City of Meridian, County of
Ada, State of Idaho, which is more particularly described as:
STAPLETON, according to the official plat thereof, recorded in
Book of Plats at Pages and , as Instrument
No. recorded on the day of
200_, record of Ada County, Idaho;
and
NOW, THEREFORE, Declarant hereby declares that all of the real property described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of protecting the value and desirability of,
and which shall run with, the real property and be binding on all parties having any right, title, or
interest in the described real property or any part thereof, their heirs, successors, and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
1.1 "Associatiod' shall mean and refer to STAPLETON Subdivision Homeowners'
Association, Inc., an Idaho non-profit corporation, its successors and assigns. Any and all
provisions contained in the articles of incorporation and bylaws of STAPLETON Subdivision
Homeowners' Association, Inc., as amended from time to time are incorporated herein and made
apart hereof.
1.2 "Common Areal' shall mean all real property (including the improvements
thereto) owned by the Association for the common use and enjoyment of the Owners.
1.3 "Declarant' shall mean and refer C-5 DEVELOPMENT, L.L.C., its successors
and assigns if such successors or assigns should acquire more than one undeveloped Lot from the
Declarant for their purpose of development.
1.4 "Declaratiod' shall mean and refer to this Declaration Of Covenants,
Conditions & Restrictions recorded in the office of the County Recorder of Ada County, State of
Idaho.
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 1
1.5 "Dwelling Unif' shall mean any structure intended to be occupied by one family
as a dwelling unit, together with the vehicular parking garage next thereto, and all projections
therefrom.
1.6 "Limited Common Areal' shall mean all real property (including the
improvements thereon) depicted on the Plat as " "Private Common Drive;' and owned by
the individual Owners of Lots.
1.7 "Lot or Loth' shall mean and refer to any lot shown upon the Plat of the
Subdivision that is not identified on the Plat or herein as Common Area.
1.8 " "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is par[ of the Subdivision, including contract
sellers, but excluding those having such interest merely as security for the performance of an
obligation.
1.9 "Plaf' shall mean the subdivision plat for STAPLETON Subdivision, recorded in
Book of Plats at Pages and , as Instrument No. ,recorded
on the, day of 200_, record of Ada County, Idaho.
1.10 "Subdivisiod' shall mean and refer to that certain real property described in the
Plat.
ARTICLE 2
GENERAL COVENANTS, CONDITIONS, RESTRICTIONS AND STANDARDS
2.1 Approval of Plans - No Dwelling Unit, fences, wall, structure, improvement, or
obstruction shall be placed or permitted to remain upon any part of the Subdivision unless a
written request for approval thereof containing the plans and specifications, including exterior
color scheme, has been approved in writing by Architectural Committee, as set forth in Article 3.
2.2 Floor Area and Building Requirements - No floor minimum is required for any
Dwelling Unit; however, strong architectural control will be exercised. All Lots shall have
constructed thereon a single family Dwelling Unit that conforms to the provisions of this
Declaration. No split entry homes will be permitted in the Subdivision. No pre-built homes or
manufactured homes maybe moved into the Subdivision. No Dwelling Unit shall exceed thirty
(30) feet in height. No portion of any Dwelling Unit, such as eaves, steps, or open porches, shall
be allowed to encroach upon another Lot.
2.3 Garages and Off-Street Parking -All Lots shall have an enclosed garage which
holds no less than two (2) and no more than three (3) cars. All Lots shall have a driveway and a
minimum of two (2) off-street automobile parking spaces within the boundaries of each Lot.
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 2
i •
2.4 Value - No minimum home value shall be required for any Dwelling Unit.
However, strong architectural control will be exercised to ensure the value of other Lots and
Dwelling Units within the Subdivision are not adversely affected.
2.5 Exterior Appearance -Plans for each Dwelling Unit in the Subdivision will be
individually considered by the Architectural Committee for approval of exterior appeazance,
including style, roof, colors, and overall appeazance. Decorative windows with rounded tops, bay
windows, or pop-out box windows, if they are incorporated into the roofline, are encouraged.
Box houses with small front windows will not be approved. All homes will have a minimum of
twelve (12) square feet of stone, brick or stucco on the front garage wings.
2.6 Roof -Broken roof lines, gables, hip roofs, etc. are strongly encouraged. Twenty
(20) year architectural shingles are required and shall be black in color. Before the start of
construction, the Architectural Committee must approve roofing materials, including colors. No
metal or gravel roofs will be allowed.
2.7 Colors -Exterior colors of earth tones or light blues or grays shall be encouraged
for the body of the Dwelling Unit. Bright or bold colors or very dark body colors shall be
discouraged. Approval of exterior colors, including roof, must be obtained from the Architectural
Committee.
2.8 Photo Sensitive Lighting -All front gazage exterior lights of every home will
have a direct wire to a photo sensor, which will automatically tum on the light at dusk and keep
them on until dawn.
2.9 Landscaping -Landscaping of the front yard, side and back yards of a Lot shall
be completed prior to occupancy of a Dwelling Unit. Minimum landscaping per Lot shall
include an automatic sprinkler system; the sodding of the entire Lot, except the portions between
structures which may be graveled; and at least two (2) two-inch (2') caliper trees and twelve (12)
three (3) gallon shrubs. In the event of undue hardship due to weather conditions, this provision
may be extended for a reasonable length of time upon written approval of the Architectural
Committee. Yards and landscaping must be well maintained.
2.10 Fences -Fences are not required. If a fence is desired, it shall be six (6) feet tall
cedar fencing consistent with the Subdivision's perimeter fencing and shall be approved by the
Architectural Committee. Chain link and vinyl fences aze prohibited.
Fences shall be built no closer to the front of the Lot than five (5) feet behind the front
comer of the Dwelling Unit on either side. Fences shall not extend closer than twenty (20) feet to
the front street right-of--way. On corner Lots, fences shall not be built closer than twenty (20) feet
to any side street right-of--way without the approval of the Architectural Committee. Fences must
comply with all local ordinances. The location offences hedges, high plantings, obstructions, or
barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of
neighboring Lots and streets and shall not be allowed to constitute an undesirable, nuisance, or
noxious use. The determination of the Association shall be binding on all parties as to whether an
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 3
undesirable, nuisance, or noxious use exists. Section 2.11 shall govern fencing for dog runs.
Section 2.12 shall govern fencing on any vehicle storage.
2.11 Dog Runs -Dog runs may be permitted along a side fence, but must be no closer
than ten (10) feet to the back lot line if that lot line is the boundary of a common area. Dog runs
shall be not more than six (6) feet high, and they shall be screened from neighbors' view. The
Architectural Committee shall approve dog runs before construction is begun.
2.12 Vehicle Parking and Storage - Pazking of boats, trailers, motorcycles, trucks,
truck campers, recreational vehicles, or inoperable vehicles or other unsightly vehicles, and like
items, shall not be allowed on any part of a Lot nor on public ways adjacent thereto excepting
only within the confines of an enclosed gazage or other approved enclosure, and no portion of
same may project beyond the enclosed area. Any vehicle awaiting repair or being repaired shall
be removed from the Subdivision within 48 hours. Parking of automobiles or other vehicles on
any Lot or on public ways adjacent thereto shall be prohibited except within gazages or other
approved areas. Garage driveways shall not be extended on either side for additional parking
without Architectural Committee approval. For the purpose of this section, an approved azea
may be beside the Dwelling Unit, but not on a street side, and consist of a six (6) foot cedaz fence
enclosure consistent with the perimeter fencing. If the height of the stored item is greater than the
height of the front fence, the item must be stored two (2) feet farther from the front fence for each
part of a foot the item extends above the fence, and the item must be stored two (2) feet away
from any side yazd fence for each part of a foot it extends above said fence, but in no case will
the item be allowed to be stored if its height is greater than nine (9) feet or length greater than
twenty-five (25) feet. The Architectural Committee shall be the sole and exclusive judges of
approved parking areas.
2.13 Animals -Keeping or raising of farm animals including, but not limited to,
poultry, swine, cows, horses; and rabbits is prohibited. All dogs and cats or household pets kept
on Owner's Lot shall be fed and cared for and shall be contained so as not to annoy or trespass
upon the use of the property of others. Dogs shall not be allowed to run at lazge. No more than
two (2) cats or two (2) dogs or one (1) cat and one (1) dog may be kept at one time, except that a
litter of young may be kept until eight (8) weeks old. Dogs may be kept in a dog run only if such
complies with Section 2.11.
2.14 Antennae -Installation of radio and/or television antennae is prohibited outside
of a Dwelling Unit without written consent from the Architectural Committee which may require
them to be screened from the street view. Satellite dishes or receivers that are smaller than thirty
six (36) inches shall not require review or approval by the Architectural Committee.
2.15 Setbacks - No Dwelling Unit shall be located on any Lot neazer than twenty (20)
feet from the front lot line and fifteen (15) feet from the rear property line, nor nearer than five
(5) feet from the side lot lines. On corner Lots, no Dwelling Unit shall be located nearer than ten
(10) feet from the side street line.
2.16 Sight Obstruction - No fence, hedge, or shrub planting will be allowed which
obstructs the forty (40) feet sight triangle at street intersections. Landscaping in this. sight triangle
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 4
area must be kept lower than three (3) feet or above seven (7) feef in height. Trees within that
triangle must have the foliage line maintained at sufficient height to prevent obstruction of such
site lines.
2.17 Easements -Easements are reserved over all Lots as shown on the Plat. An easement for
common driveways is granted and reserved as set forth in Note 1 of the Plat. Wherever ingress or egress
to a Lot is shown on the Plat as a " 20' Private Common Drive;' the Owners of all of the Lots served or
to be served by such common drive shall be entitled to the full use and enjoyment of the whole common
drive and no Owner shall obstruct or inconvenience the free use thereof by any other Owner or said
owners invitees or licensees. All " 20' Private Common Drives" are Limited Common Area and shall be
maintained in conformance with the provisions of Article 7. As designated in Note 4 of the Plat, an
easement is reserved along all lot lines for installation and maintenance of public utilities, irrigation, and
drainage. Within the easement for public utilities, irrigation, and drainage, no structure, planting, or
other material shall be placed or permitted to remain which may damage or interfere with the installation
and maintenance of the utilities or which may change the direction of the flow of the water through
drainage channels in the easements. The area of each Lot encumbered easement for public utilities,
irrigation, and drainage and all improvements in it shall be maintained continuously by the Owner of the
Lot, except for those improvements for which a public authority or utility is responsible.
2.18 Construction Time -Construction of any Dwelling Units in the Subdivision shall
be diligently pursued after commencemerit thereof, to be completed within six (6) months, or as
may be extended by the Architectural Committee.
2.19 Type of Dwelling Unit - No building shall be moved onto any Lot. No shack,
tent, trailer house, or basement only house, shall be used within the Subdivision for living
quarters, permanent or temporary.
2.20 Outbuildings -One (1) outbuilding per Lot, no larger than 100 square feet, will
be allowed. All outbuildings shall be constructed of quality building material, completely
finished and painted on the outside, and shall be of the same siding, roofing, and colors as the
Dwelling Unit. The Architectural Committee must approve all outbuildings.
2.21 Offensive Uses Prohibited -Nothing of an offensive, dangerous, odorous, or
noisy endeavor shall be conducted or carried on, nor shall anything be done or perntted in the
Subdivision which may be or become an annoyance or nuisance to the other Owners in the
Subdivision. Weeds shall be cut to less than four (4) inches in height.
2.22 Operation of Business Within Subdivision - No business shall be conducted on
any Lot that is not conducted entirely within the Dwelling Unit of the Owner. Any business
conducted within Dwelling Units in this Subdivision must comply with local ordinances. No
signs shall be installed to advertise any permitted business. No oil exploration or development of
any nature or kind or mining exploration, development or structure shall be permitted upon the
Lots in this Subdivision.
2.23 Irrigation Water for Lawn and Yard Sprinkling -The water source for
sprinkling all Common Areas shall be provided from a domestic well located within the
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 5
development. The water source for sprinkling of lawns and other landscaping on all Lots shall be
Meridian City's public water system. Each lot will be required to have an individual backflow
prevention device at the service connection.
2.24 Sewer Locations -All bathroom, sink, and toilet facilities shall be located inside
Dwelling Unit or and shall be connected by underground pipe to wet line sewer connection lines
which have been provided to each Lot.
2.25 Signs - No commercial billboazd or advertising shall be displayed to the public
view on or from any Lot. Owners may advertise a Dwelling Unit and Lot for sale by displaying a
single, neat and standard sized sign on a Lot containing only such information as is required to
indicate that the property is for sale. No other commercial signs may be displayed on a Lot,
including temporary signs advertising the names of the contractor, subcontractors, or financing
institutions, unless such signs have been approved, in writing, by the Architectural Committee
prior to installation. No real estate signs, or signs of any kind, except for subdivision
identification, may be displayed on any Common Area except for the Declazant's designated
marketing agent for the Subdivision.
2.26 Waste Disposal - No Lot within this Subdivision shall be used or maintained as a
dumping ground for waste material. Incinerators aze not perrnitted. Receptacles for storage of
trash, gazbage, etc., shall be maintained in a sanitary and clean condition.
2.27 Construction Equipment - No machinery, building equipment, or material shall
be stored upon site until the builder is ready and able to immediately commence construction,
such building materials must be kept within the Lot upon which the structure is to be erected.
2.28 Damage to Improvements - It shall be the responsibility of the builder of any
Dwelling Unit in this Subdivision to leave street, curbs, sidewalks, fences, tiled irrigation lines, if
any, and utility facilities free of damage and in good and sound condition at the conclusion of the
construction period. It shall be conclusively presumed that all such improvements are in good
sound condition at the time building is begun on each Lot unless the contrary is shown in writing
at the date of conveyance or by date of possession, whichever date shall first occur, which notice
is addressed to a member of the Architectural Committee.
2.29 Common Area -The Common Area shall include
. Declarant shall convey the Common Area
to the Association. The Association shall maintain the Common Area in accordance with the
requirements of the Plat and this Declaration.
2.30 Local Ordinances -Should the provisions of this Declaration be more restrictive
than local ordinances governing this Subdivision, then this Declaration shall control. hi the event
that local ordinances governing this Subdivision are more restrictive than this Declaration, then
the local ordinances shall control.
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 6
ARTICLE 3
ARCHITECTURAL CONTROL
3.1 Architectural Committee - No Dwelling Unit or structure shall be constructed in
the Subdivision without prior consent of the Architectural Committee. A committee of two (2)
persons shall act as the "Architectural Committee' and shall, prior to any new construction in
this Subdivision by an Owner or by an Owner's agents and employees, the Owners shall fimush
one (1) set of detailed plans, drawings and specifications of any proposed Dwelling Unit to be
located in the Subdivision to the Architectural Committee. The Architectural Committee shall
have fifteen (15) days to review said plans, drawings, and specifications. No proposed Dwelling
Unit or structure shall be deemed to have been approved by the Architectural Committee unless
its approval is in writing executed by a member of the Architectural Committee; provided, that
approval shall be deemed given if the Architectural Committee fails to approve or disapprove of
a proposed change or to make additional requirements or request additional information within
twenty-one (21) days after a full and complete description of the proposed change and all
additional instruments, documents and plans have been fiurushed in writing to the Architectural
Committee with a written and specific request for approval. The Architectural Committee will
hold plans until thirty (30) days after completion. If the Architectural Committee shall approve
the proposed Dwelling Unit or structure, or any modification or alteration thereof, they shall so
indicate by the dating and signing of the set of plans by one (1) member of the Architectural
Committee, and their approval shall be construed as full compliance with the provisions of this
Declaration. The Architectural Committee shall have sole discretion to determine what shall be
substantial compliance with this Declazation and other conditions that may be required by the
Architectural Committee.
The approval by the Architectural Committee of any construction or modification of any
Dwelling Unit or structure shall not be deemed a warranty or representation by the Architectural
Committee as to the quality of such construction or modification of any Dwelling Unit or
structure or that such construction or modification of any Dwelling Unit or structure conforms to
any applicable building codes or other federal, state or local law, statute, ordinance, rule or
regulation. The Architectural Committee shall not be liable or bear any responsibility for (a)
ensuring the structural integrity, quality, soundness or workmanship of any construction or
modification of any Dwelling Unit or structure approved by the Architectural Committee, (b)
ensuring compliance with building codes or other governmental requirements or (c) ensuring that
all Dwelling Units or structures aze of comparable quality, value, size or similar design.
The decision to approve or disapprove proposed plans rests entirely with the Architectural
Committee.
The Architectural Committee shall consist of the following:
Jake Centers 2011 N. Locust Grove 208-888-4333
Meridian ID 83642
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 7
Jon Wardle 4940 E. Mill Station 208-344-3448
Drive, -Suite 100
Boise, ID 83716
Any member of the Architectural Committee is empowered to act for the Architectural
Committee. All members of the Architectural Committee shall serve without compensation.
Upon the sale of the last Lot in the Subdivision, the work of the initial Architectural
Committee shall be completed, and the initial Architectural Committee members shall be
released from all further responsibilities.
Notwithstanding any other provision to the contrary in this Declaration, after the
Declazant has sold all the Lots in the Subdivision, and not before, the then directors of the
Association shall automatically become the Architectural Committee. Amending this instrument
shall not affect this provision.
ARTICLE 4
GENERAL PROVISIONS
4.1 Enforcement -Enforcement against any person or persons violating or attempting
to violate any covenant herein after ten (10) days' notice thereof in writing served on the
offending any property owners either shall have party at law or equity. In the event of judgment
against any person for such, a court may awazd injunctive relief against any person for such
violation, require such compliance as the court deems necessary, award such damages,
reasonable attorneys' fees (including any attorneys' fees accrued on account of an appeal of a
party), and court costs as may be suffered or incurred, and such other or further relief as may be
deemed just and equitable.
Any Owner or the Association shall have the right to enforce, by any proceeding at law or
in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter
imposed by the provisions of this Declaration. Failure by any Owner or the Association to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
4.2 Severability -Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no wise affect any other provisions, which shall remain in full
force and effect.
4.3 Amendment -This Declaration may be amended during the first thirty (30) year
period by an instrument signed by the Owners of not less than sixty-seven percent (67%) of the
Lots. Any amendment must be recorded.
4.4 Term of Declaration -This Declaration shall run with the land and shall be
binding on all persons owning a Lot(s) under them for a period of thirty (30) years from the date
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 8
of this recording thereof, after which time such Declaration shall be automatically extended for
successive periods of ten (10) years, unless at any time after the initial recording of this
instrument an instrurent signed by the Owners of not less than sixty-seven percent (67%) of the
Lots of this Subdivision has been recorded agreeing to terminate the Declaration, in whole or in
p~•
ARTICLE 5
COMMON AREA
5.1 Owner's Easement of Enjoyment -Every Owner shall have the right and
easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
(i) the right of the Association to charge assessments for the maintenance of
the Common Area;
(ii) the right of the Association to charge a setup fee to an Owner when titles
to a Lot passes from the Declarant to an Owner other than the Declarant;
(iii) the right of the Association to suspend the voting rights and right to use of
the Common Area by an Owner for any period during which any assessment against his Lot
remains unpaid, and for a period not to exceed sixty (60) days for any infraction of this
Declaration or the Association's rules and regulations; and
(iv) the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the Owners. No such dedication or transfer shall be effective
unless the Owners of not less than sixty-seven percent (67%) of the Lots vote in favor at a
meeting held in accordance with the articles and bylaws of the Association, and an instrument
executed by the Association has been recorded in the appropriate county deed records, agreeing
to such dedication or transfer; provided that the public agency accepts such dedication or
transfer.
5.2 Delegation of Use - Any Owner may delegate, in accordance with the
Association's bylaws his right of enjoyment to the Common Area and facilities to the members
of his family, his tenants, or contract purchasers who reside on the Subdivision.
ARTICLE 6
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
6.1 Membership -Every Owner of a Lot, which is subject to assessment, shall be a
member of the Association. Membership shall be appurtenant to and may not be separated from
ownership of any Lot, which is subject to assessment. Every person or entity who is a record
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 9
owner (including contract sellers) of a fee or undivided fee interest in any Lot shall, by virtue of
such ownership, be a member of the Association. When more than one person holds such
interest in any Lot, all such persons shall be members, provided however that no more than one
(1) vote per Lot within the Subdivision shall be permitted to be cast on matters requiring a vote
of the members. The foregoing is not intended to include persons or entities that hold an interest
merely as security for the performance of an obligation. The Association shall maintain a
member list and may require written proof of any member's lot ownership interest.
Any member of record may examine the financial reports, books, and records of the
Association, at a reasonable time.
6.2 Classes of Membership -The Association will have two classes of voting
memberships.
Class A Membership: Class members shall be the Owners of Lots, with the exception of
the Declarant. Each member shall be entitled to cast one vote or fractional vote as set forth herein
for each Lot in whom he holds the interest required for membership. Only one vote shall be cast
with respect to each Lot. The vote applicable to any Lot being sold under a contract of sale shall
be exercised by the contract vendor unless the contract expressly provided otherwise and the
Association has been notified, in writing, of such provision. Voting by proxy or written or
absentee ballot shall be permitted.
Class B Membership: Class B members shall be the Declazant. The Declazant shall be
entitled to six (6) votes for each lot of which Declarant is the record owner.
The Association shall have the right to suspend an Owner's voting rights for all periods
during which any assessment against said Owner's property remains unpaid.
6.3 Officers and Directors -Directors and officers of the Association shall be elected
and appointed as set forth in the Association's articles and bylaws.
6.4 Common Area -The Association shall have the right 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 the members may agree to. No such condition or transfer shall be
effective unless authorized in writing by the Owners of not less than sixty-seven percent (67%)
of the Lots and an instrument executed by the Association has been recorded in the appropriate
county deed records, agreeing to such dedication or transfer, and a written notice of proposed
action is sent to every member not less than ten (10) days nor more than fifty (50) days prior to
such dedication or transfer; provided that the public agency accepts such dedication or transfer.
6.5 Association Rules and Regulations. The Association shall have the power to
adopt pursuant to its articles and bylaws such rules and regulations for the Subdivision as are
reasonably necessary. No violation of any Association rule or regulation, inclusive of the
provisions of this Declaration, shall be allowed. If any Owner, Owner's occupants, tenants,
family members, invitees, guests and other users authorized by the Owner commits such
violation, the Association may, in addition to any other legal remedies it may have, impose a
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page ] 0
special assessment upon such Owner of not more than Fifty Dollars ($50.00) for each such
violation for each day that such violation continues. Before invoking such assessment, the
Association shall give such Owner sixty (60) days' written notice to cure such violation and/or to
be heard by the Association regarding the violation and any potential special assessment. If such
violation is of a nature that it cannot be remedied within sixty (60) days, no assessment shall be
invoked so long as the Owner submits a remediation plan to the Association to remedy the
violation within a reasonable time and such Owner diligently pursues such plan to completion. If
an Owner violates any rule, regulation or provision of this Declaration more than twice within
any three (3) year period, regardless of whether the rule, regulation or provision of this
Declaration that has been violated is the same, the accrual of such assessment shall begin three
(3) days after the Association gives notice of such violation rather than sixty (60) days after such
notice. Such additional assessments may be collected and enforced in the same manner as any
other assessment provided for under this Declaration. Each remedy provided in this Declaration
or by law shall be cumulative and not exclusive. The failure to enforce any of the provisions of
this Declaration at any time shall not constitute a waiver of the right to enforce such provision
thereafter.
ARTICLE 7
COVENANT FOR MAINTENANCE ASSESSMENTS
7.1 Association Maintenance -The Association is authorized, but not limited, to
performance of the following: prepaze an annual budget which shall indicate anticipated
management, operating, maintenance, repair, and other common expenses for the Association's
next fiscal yeaz and which shall be sufficient to pay all estimated expenses and outlays of the
Association for the next calendar year growing out of or in connection,with the maintenance and
operation of Common Areas and improvements and may include, among other things, the cost of
maintenance, management, special assessments, fire, casualty, and public liability insurance,
common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to
Common Areas, snow removal, wages, water charges, legal and accounting fees, management,
fees, expenses and liabilities incurred by the Association from a previous period, and the creation
of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to
the Common Area and improvements. The Association shall be responsible for the repairs,
upkeep and maintenance, normal servicing, gazdening, care, and safety, annual planting of
flowers (if any), payment of bills, and related expenses for any Common Area. The Association
shall also maintain all Limited Common Area, including the improvement, repair, replacement,
and maintenance of all Private Common Drives depicted on the Plat.
7.2 Creation of the Lien and Personal Obligation of Assessments -The Declarant,
for each Lot owned within the Subdivision, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association: (i) an initial assessment of Three Hundred Dollars
($300) for each Lot payable at closing, and (ii) annual assessments or chazges, and (iii) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together with interest, costs, and
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 11
reasonable attomey's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each Owner, other than the Declarant, by
becoming the Owner of a Pazcel, is deemed to covenant and agree to pay to the Association all
assessments, together with interest, costs, and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such property at the time when the
assessment fell due. However, the personal obligation for delinquent assessments shall pass to
his successors in title.
7.3 Purpose of Assessments -The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety, and welfaze of the residents in the
Subdivision and for the improvement and maintenance of the Common Area and Limited
Common Area in conformance with Section 7.1.
7.4 Annual Assessments -Annual assessments, or Association dues, shall be levied
by the Association to maintain the Common Area and Limited Common Area and cover other
costs incurred by the Association for the benefit of the Owners. These costs will be pro rated
amongst the Lots in the Subdivision.
For the year 2002 the maximum annual assessment shall be Two Hundred Fifty Dollars
($250.00) Lot for Class A Members of the Homeowners Association. Class B members shall pay
a maximum of twenty-five percent (25%) of the amount of the annual assessment for Class A
members.
(i) From and after January I of the yeaz immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each
yeaz not more than fifteen percent (15%) above the maximum assessment for the previous year
without a vote of the membership.
(ii) From and after January I of the yeaz immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be increased
above fifteen percent (15%) by a majority vote of a quorum of members who are voting in
person, by proxy, or by written ballot at a meeting duly called of the Association, as set forth in
the articles and bylaws of the Association.
(iii) The Association may fix the annual assessment at an amount not in excess
of the maximum.
7.5 Special Assessments for Capital Improvements - In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying,. in whole or in part, the cost
of any construction, reconstrucfion, repair, or replacement of a capital improvement upon the
Common Area or Limited Common Area, including fixtures and personal property related
thereto, provided that any such assessment shall have the assent of the Owners of not less than
sixty seven percent (67%) of the Lots as evidenced by the votes entitled to be cast by voting in
person, by proxy, or a written ballot submitted at a meeting duly called for this purpose.
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 12
7.6 Uniform Rate of Assessment -Both annual and special assessments must be
fixed at a uniform rate for all Lots in each class of membership and may be collected on a
monthly, quarterly, or annual basis at the discretion of the board of directors.
7.7 Date of Commencement of Annual Assessments: Due Dates -The annual
assessments provided for herein shall commence at the time of the conveyance of each Lot to an
Owner. The first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. The board of directors of the Association shall fix the amount of
the annual assessment against each Lot at least thirty (30) days in advance of each annual,
assessment period. Written notice of the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the board of directors. The Association shall, upon
demand, and for a reasonable charge, famish a certificate by an officer of the Association setting
forth whether the assessments on the specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments on a Lot is binding upon the
Association as of the date of its issuance.
7.8 Effect of Nonpayment of Assessments: Remedies of the Association -Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at the rate of eighteen percent (18%) per annum. The Association, or any Owner, may bring an
action at law against the Owner personally obligated to pay the same, or foreclose the lien against
the property. No Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area or abandonment of his Lot.
7.9 Subordination of the Lien to Mortgages -The lien of the assessments provided
for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall
not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to
payments which became due prior to such sale or transfer. No sale or transfer shall relieve such
Lot from liability for any assessments thereafter becoming due or from the lien thereof.
7.10 Property Exempt from Assessments -The following property subject to this
declaration shall be exempt from the assessments created herein:
(i) all property expressly dedicated to and accepted by a local public
authority;
(ii) any local property by the Association.
STAPLETON DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
Page 13
06/09/2003 08:25 2084338092 GEOENGINEERS BOISE PAGE 01102
'~`
n^ 280 N. 8'" Street, Sxdte 132
17c0 Engineers Boise, aA 63702
Telephone: (208) 433-8098
~~i'MOj~NpjJM Fax: (208) 433-8092
TO: Scott Sherrow/W8cH Pacific
FROM: Doug Argo/GeoEngineers
DATE: June 9, 20D3
FILE: 10758-002-00
SUJB.TEC7: Stapleton Subdivision - Uetlalc Road and Nine Mile Dtain, Meridian, Idaho
~~~
We excavated three fast pits (TP-1, 'J'P-2, and TP-6) in the vicixdty of the potential infiltration systems at
the Stapleton Subdivision site. We installed three piezometers at the site to better monitor groundwater
levels. The test pit and piezametera are shown on the attached map.. We have provided a description of
what we found in each of these test' pits. At the end of the description for caeb pit, we have provided our
preliminaty recommendation for this location.
lest pit Depth Estimated Infiltration Rata
TP-1 0 to 1.3' Clay topsoil, not suitable for inftlh'ation
1.3 to 3.5' Silt with fine sand, 0.5 inch per hour.
3.5 to 7.5' Gravel with sand and silt, 8 inches per hour
Recommendation: Discharge water to the gravel with sand and silt (below 3.5 feet) at 8 inches per
hour. Groundwater lr shallow. Ib4tght need to place sand to transmit water through clay and slit and
provide separation from underlying water.
TP-2 0 to 2.0' Clay, not suitable for infiltration
2.0 to 8.0' Sand with silt, 8 inches per hour
Recommendation: Discharge water to sand with silt (below 2 feet) at rate of 8 inches per hour.
TP-6 0 to 2.0' Sandy silt, 0.5 inch par hour
2.0 to 3.5' Silty sand, 1 inch per hour
3.5 to 5' Gravel, 15 inches per hour
Recommendation.: Discharge water to sand with silt (below 2 feet) at rate of 8 inches per hour.
Test Pit Groundwater Level (6/5/03) Estimated High Groundwater Level
TP-1 4%' 3%z'
TP-2 6' S'
TP-3 6' S'
TP-6 3%a' 2%:'
Note: These levels are prelimiaaary and should be confsrmed with additional measurements.
06/09/2003 08:25 2084338092 GEOENGINEERS BDISE PAGE 02/02
~ ~
o~
w
~~
~~~~
0
a
J
t j
~e~~i~:~dii;
~,
,~
o..*. ~
,~
~~~i~
E
f
a
°1, ,a ~~.
~~
~~~ ;
osii~~~€~6 ~ o
aC
i
~~
cy
~ (~
~ ~~
~' ~I
w
~ I
I
~3
~~~k
~~ ~
v`
J ~
~ ~
~P u
~~~
I~~
I~
I
69 Z46 B6Z 96!68 OI 'nlos o~}oed ~p~ma~i lV:61 E6-Z6-~~~