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HomeMy WebLinkAboutTroutner Business Park FP Ada County Recorder Trent Tripple 2026-032181 Boise,Idaho Pgs=3 vbailey 05/06/2026 08:09:25 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded When Recorded Return To: City Clerk's Office City of Meridian 33 E.Broadway Ave. Meridian,ID 83642 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY FULL RELEASE OF SECURITY INTEREST IN TROUTNER BUSINESS PARK Take notice that the City of Meridian("City")has executed this Full Release of Security Interest in Troutner Business Park("Full Release")effective 5-5-2026 ,2026("Effective Date"). A. City and Troutner Business Park Development Corporation ("Developer") entered into that certain Development Agreement[Troutner Business Park] dated April 29, 1997 and recorded June 5, 1997 as Instrument No. 97044077 in Ada County, Idaho ("Development Agreement") concerning that certain real property legally described in Exhibit A("Property"). Exhibit A is attached hereto and incorporated herein by this reference. B. Pursuant to Section 14.1 of the Development Agreement,Developer granted a security interest in the Property to the City to secure the installation of certain development-related improvements ("Improvements"). C. Pursuant to Section 14.2 of the Development Agreement, City executed that certain Troutner Park Subdivision Release of Security Interests of City of Meridian in Phase I Lots dated April 11, 2000 and recorded that same date as Instrument No. 100027360. D. All Improvements required by the Development Agreement have been completed to City's satisfaction. E. Pursuant to Section 14.2 of the Development Agreement,City hereby releases,in full,any and all remaining security interests in the Property. [end of text;signature page and exhibitfollow] FULL RELEASE OF SECURITY INTEREST 1. Instrument # 2026-032181 05/06/2026 08:09:25 AM Page 2 of 3 SIGNATURE PAGE IN WITNESS WHEREOF,the City has executed this Full Release as of the Effective Date. City of Meridian, an Idaho municipal corporation RAert FSimi"Iyor 5-5-2026 ATTEST: By: Ch'TiAo"ns �'N-YA�-5-2026 STATE OF IDAHO ) ss. County of Ada This record was acknowledged before me on this5th day of May 2026, by Robert E. Simison and Chris Johnson, acting as Mayor and City Clerk, respectively, of the City of Meridian. CHARLENE WAY Cho a 4za�, )(w COMMISSION No. 67390 My Commission Expires 3-28-2028 NOTARY PUBLIC STATE OF IDAHO FULL RELEASE OF SECURITY INTEREST Instrument # 2026-032181 05/06/2026 08:09:25 AM Page 3 of 3 EXHIBIT A Legal Description of Real Property A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,MERIDIAN CITY,ADA COUNTY,IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD,A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE,A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587& 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31"EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13"EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12"EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07"EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31"EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. FULL RELEASE OF SECURITY INTEREST 3 OFFIIIALS OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM C. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 A Good Place to Live CITY OF MERIDIAN .33 EAST IDAHO MERIDIAN, IDAHO 83642 (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 WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road. W. of Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, 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 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 ATTORNEY CITY ENGINEER CITY PLANNER WC -41 0 KELLER ASSOCIATES, INC. To: City of Meridian Mayor & Council From: Rod J. Linja, PE Date: December 23, 1996 Re: Troutner Business Park Final Subdivision Plat and Development Plans Letter of Transmittal The attached application constitutes the final subdivision plat and development plans for the Troutner Business Park. Included is a copy of the final subdivision plat checklist and the following items: • 30 copies of written application • 30 copies of deeds • 30 copies of statements of conformance • 30 copies of the street Name approval letter from ACHD • 3 copies of development plans • 30 copies of 300 scale final plat (8 1/2 X 11) • 30 folded copies of final plat (pages 1 and 2) • 3 folded copies of final plat signature page (page 3) A $380 check for the filing fee (38 lots X $10/lot) We intend to plat the entire subdivision at this time and phase the actual construction through the use of non -development and development agreements. We request final plat approval and agreement approval at the earliest possible city council meeting. We understand that would be on January 21, 1997. We look forward to working with the city on the development of the Troutner Business Park. Please call me or Dave Hughes at 375-1992 if you have any questions. Cordially, Rod J. Linja, PE dh/RJL A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (208) 375-1992 . 0 0 �-- --- ----=meq ' � h I I I III � I e J I I I 6s I I a � I $ 01041•.. ®� p I- W w III oZ r ti o-� �o A oLL- ff- �� e O OSNKM Q o m_� 7_ W r iro°�oeoaM " J m z -� � 4��e � d�e� ��� � �� ��� � � NN.N .,,�� o� NIMNIN �e� � A a v L., 3 Z o so egg°a a d� 54 1 ANO s 4ts .os Z � Q :��'a� a O Z Qb� 9�!gY0 8 �$ z5 a �g a' 1ui '� � s " gam¢ =e�: �2 W �4 m riuno raorva rizn s cis M Z -R N « ,� REQUEST FOR SUBDIVISION APPROVAL PRELIMINAkY PLAT AHD/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. 5. Zoning Classification(s) L-0, C -G GENERAL INFORMATION 1. Name of Annexation and Subdivision,Troutner Business Park 2. General Location, S. of Franklin Road, W. of Meridian Rd. 3. Owners of record, Attachment A in Ci tv files Address, 10250 Whispering Cliffs . Zip 83704 Telephone 375-1966 4. Applicant, Jim Ballantyne Address, 10250 Whispering Cliffs Dr. 5. Engineer,Jim Keller, P.E. Firm Keller Associates, Inc. 545 Benjamin Ln. Address Rnica, TD , Zip 83704 Telephone375-1992, 6. Name and address to receive City billings: Name Jim 10250 Whispering Cliffs Dr. Ballantyne Address gei-s L,, w 2270 Telephone 375-1966 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 39.29 2. Number of lots 38 3. Lots per acre .97 4. Density per acre .97 5. Zoning Classification(s) L-0, C -G 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification R-14 and RT 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there prop -ed d dic t pin .o common are o Yes Lot 1, BM 1 & Tot f, lKK andscapinq at trdFICU Explain Lot 10, Blk 1: Pedestrian walkway & utilities For future parks? No Explain 11. What school(s) service the area Meridian Dist. No. 2 , do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Yes Water Supply Central Water Fire Department Fire Hydrants Other _ 35' Buffer Setback Explain Buffer adjacent to Franklin Square Subdivision. 13. Type of Building (Residential, Co mercial, I dustrial or combination) Commercial, Industrial, Office and Combination 14. Type of Dwellings) Single Family, Duplexes, Multiplexes, other No dwellings anticipated. 15. Proposed Development features: a. Minimum square footage of lot (s) , None required b. Minimum square footage of structure (s) None required C. Are garages provides for, N/A square footage N/A d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Landscape setback buffers as shown on plat (2) in landscape setback areas f. Trees will be provided for . Trees will be maintained by individual 1 of buyers and Association. g. Sprinkler systems are provided for Yes h. Are there multiple units Possibly , Type attached remarks office warehouse attached units i. Are there special set back requirements Yes Explain Along Franklin Road and adjacent to Franklin Square Subdivision. j. Has off street parking been provided for YPg •Explain Lots will have on site parking k. Value range of property Market Value 1. Type of financing for development Conventional M. Protective covenants were submitted VeT. -Date lZ/23/`1ly 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 will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) 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. Jim Ballantyne, et al, will comply with Statement Number 1. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Yes - Jim Ballantyne, et al, will comply with Statement Number 2. 3. Development will connect to City services. Yes - Tim Ballantyne, et al, will comply with Statement Number 3. 4. Development will comply with City Ordinances. Yes - Jim Ballantyne, et al, will comply with Statement Number 4. 5. Preliminary Plat will include all appropriate easements. Yes - Jim Ballantyne, et al, will comply with Statement Number 5. 6. Street names must not conflict with City grid system. Yes - Jim Ballantyne, et al, will comply with Statement Number 6. 7. Covenants. Covenants are being prepared but the applicant needs to work on the entrance location with City, ACHD and Henkels & McCoy Contractors to determine if the 10' landscape screen is needed or not. This will affect how the covenants are prepared and submitted to the City. 8. Seasonal groundwater. The Soil Conservation Service, Soil Profile Report for Ada County lists this property as moderate limitation for septic disposal systems with groundwater within four feet of soil surface during peak irrigation system usage. 9. Traffic impact. ACHD traffic design guidelines and regulations will be implemented. • STATEMENTS OF CONFORMANCE 1. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof. The final plat of Troutner Business Park and the development plans are in conformance with the approved preliminary plat. All items for approval from the City of Meridian and the ADA County Highway District have been incorporated. 2. A statement of conformance with all requirements and provisions of this Ordinance. All items of this ordinance for final platting of the Troutner Business Park have been incorporated. 3. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. The final plat and development plans for the Troutner Business Park have been prepared according to standard engineering, architectural, and surveying practices. All city, county, and state standards (whichever are the most stringent) have been followed. Jim Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 (208) 375-1966 David L. Nordling P. O. Box 7705 Boise, ID 83707 Paul Troutner 629 W. Richmond Lane Boise, ID 83706 (208) 344-5764 Owners of Record Art Troutner 707 Troutner Way Boise, ID 83712 (208) 344-5956 Dennis E. Heeb 3430 Americana Terrace Boise, ID 83706 Edward Jenkins P. O. Box 6106 Carefree, AZ 85377 (662) 488-9209 . ir18000331 tR-99113 Your No. TRCt rMM, Z AL/JntrV SCHEMLY S - Section 2 =czrr)cors Any Policy we issue will have the following exceptions unleas they aru take cars of to our satisfaction. PART Z,- 1. :1, Texas or assessaanta which ars not shown as existing liens by the records of any taxing authority that levies taxes or asseasaents on real property or by the public records. 2. Any facts, rights, interest, or elaias which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persona in posaaasion thereof. 7. Easeaents, claiss of easement or encumbrances which are not shown by the public records. 4. oi9crepancies, conflicts in boundary lines, shortage in area, encroach=ants, or any other facts which a correct survey would dinclocs, and which are not shown, by public records. S. - natsntad nininq claiss; (b) reservat:cns or =-x:eP= oris :n ?stents or In Acts author zing Lne ssuan=e caerCaf. (c) water rLgn_a, elai=s or milia .c :ata:, -nether :r not the =attar% excapted under (a;, ,c), or ,:. > _ zn c:n ay the publi: records. ;r.. _ie-?, or :;gt.ts ce a 'lien for ear. ccs. labor ..,aria: _`eretcfore or hereafter furi.'.snec. i=posed by lam ano nit shown by the putlic records. continued The foregoing numberai exceptiOis ;1-6) nay to alininated in an :.,:. Extended [overage Policy. EXHIBIT B . 1S�tiUi)U,��ti wARRAUTY DEED FOR VALUE RECEIVED. RICMARD L ADAMS sdd ROBEERTA L ADAM % tugw d and vA.. CkwooM On haebr Vwk bwga* , sett era «x+»y ura FMWAAD G. JENKINS WA BILLYE a 3EhKIH5.R%b&MbfDw9e.GrvlW,whvNatforasss IV2.71 Q[:•,rw.td TSA.+o E?rcC- anur4wo@dt0.9375'x,warw 1n and to" rest propertydeevbed on Erhod "A' anaCtieO hervm what is bt.sle4 in Ada C mW. WRI4. Utpa b SO eats =m. eeaervatlwis, weresis, tient. aaseri>rrra, and Rphts d «sy d nmrG. irtrLafiO but not rR,t.e to e•cepBxts and M%Oftlklcrs CoMane3 Ie patent barn rte Unwed Stars. WxWV stSWM n for roses. h0htrays. m C,o . C3liatl, taler" and poww lwd trans-Rtr mn Bros. sM bur0ors In r1l to Ate eicluvo 1 d CM trio wden >to bounoarrs of Itte Nan"4A4ravl knp+ton DFonet TO HAVE AND TO HOLD tfo ud promisor. art thew appouR won. unto nie sale Grrnees. ti -m toes. stJocsssors and as to.@.*-. Grand do hereby irirenars b aro wth Gnarvbn that they aM the owners M Ise IV" Of sa,0 unvade0 rrsenst N vie orunaes ane that sad prerttrses are free aro 0ear from at enoiRuraress. AND THAT THEY WILL WAARANT AND DEFEND Ctrs same hop► an tawtul dams wnanowet. SUBJECT. HOWEVER. (o ow oxcepens toed am E•hC/ "W anadroo hereto. IN W MESS WHEREOF. Grantors raw hereunto snorted Ills Warranty Deed V+a day of GRANTORS: FIRST AhQ;:CANI T.' – - . RICHARD L ADAMS , aOBERTA L AUAMS o.. y v aaJ a On trot _i �� Cay d rl �- l^< 1957. petare rne. a Notary I'ut>tre n Arta for saa Suit. parsoni.) &_,"area RICKARD L. ADAMS and ROBERYA L ADAMS. krrown pr p.trdfl*d iC me to be the pem*rl. wrtQse names vo Svtnembee ei Ire wrin n a. -d b'eporq erxtrumenl. arn7 aexrtowteoged to me I" c!Y #zo*Aea the saint IN w(TNESS WHEREOF. I have rertw4o set my hand iM athted nN ORiCL11 ;.0a1 me day and rear in lna cendreats Inst abwo written. ,t Waho Rory Public ��Ci •�� Res al c:t MYC01,111 • ~ y wAARANTY "ED. P r A IV •_t :. 4. AM= RECORDING�RN7URX TO: • Attts�ey at'Z� •,••: t;obae, Id4w 0707 r QUTTCLADt DEED GRANTOR: GLEN L. HUDSON and LSSA P. HUDSON, husband and xife. GRANTEE: GLEN L. iiV'JSON AND IMA P. HUDSON, AS .^.O•TRU3TE35 Or TY- GLEN ANDIHA HUDSON TRUST UNDER TRUST AGREEMENT DATED VAY 19, 1489 AND TMA SUBSTITUTES AND SVCCESSORS AS TRUSTEE VeeMAEUNDER. CRANTEE'S ADDRESS: 4850 N. Black Cat Road, Y.eri::aa, Idaho 06.2. DESCRIP-IOH OF REAL PROPERTY CONVEYED BY T1 1S rtED: :. pa: Jnn &- the Northaaa; Quarer of Sermon 1.3 ToM•acn:;: 3 Range 1 West, B011e MAV.:Uari, Adacount', Idai►n, mora?a-'tacu:arly 3ct._1!:e_~as :allotirs: ao=ftnciag ct the East C_artar Carne: e: ss:S See^_cn :- -M--:1 hw•:q common to Raid SecOan-:3, T. 3 H., R. 1 W., 3.r.., and 5t_ .:, T. 3 N.. R. 1 W., B.M.; thano■ North 002."35" East. along the Section line common to se2d Sergi :a sad 18, 100.23 fee: to a pcLit, said point being on the Southeast =rr.t_ the North ha'_f c_ the North HaU ;:! the. Southeast Quarter of the 1 .`.ens_ QLartar (N 1/2 N 1/2 SE 1/4 Ira 1/4) a; sand Section; thence South 89041106" West along the Southerly line of said 1: 1i 2 N 1:'2 SS 1/4 1.'E 1/4 c -f cxtloa 13. 533.24 feet to a point, said potrt being ::` a REAL POINT Or 9EGS11NING; t_he.•nca continuing along the said cq:t: er:s Una South 89047.064 beat, 790.57 feet to a point. DemC Lha Southwest corner of the 11 1/2 N 1/2 SS 1/4 HE 1/4 of said Sectson 13; than_• North 0013148" East, along the Westerly bouadzy of Said SE 1/: NS 114, extended, said Rite being the I/1S 11:ne of said Section, ,5;.16 !eat to a point on the center Una of EIGHT ?MILS, LATERAL; thence South 5700846• East along the Ceptor line of EIGHT !TILE : ATT- r ,L, 766-38 feet to a point ou the Northerly boundary of said N 1/2 N 112 53 li NE 1/4 of said Section; theme& QUITCLAIM D*D -page 1 of 3 Pages • 8 I I 11 if 11 • 0 Sy ti j {;tTITCLAx1 DESa,4,ft e 2 of -3 Pagel "�~"e!i� `�''y`•::` ' }iRILQ tbt RTAZ. ` `t �• ' `- �� aasi�leat:�b • - 1flGta�iiid lying HoCtb a: the rs•;.•..� "Wa,l.LiL` R9=�Ct1Cd 13i thence ,� ':itot�ll''J" `aa�t 1.10!:00 fad4li1m4 ffia"'Pasba3Ybouad+�"Y aald baa of tiiv'itl : POSI T.OT�9y8dD�fluor...ftamiet''; - .A11LiY. PT�•i,{T Wat,s3].2s_bi .�sx�; I\ • . M• ` SUSZZCT TO an sasamaat i3% f"W Of M i D, MC,, an Idaho oor',y)ranca, :er Inadt as ast ftwth iti• Qatt anfas be6d ro=dad AaCutt 17, 1979, as 1nrL sms ai lio. "45M, Oftklal Ro='U Of Ada Cosa -4, Idaho. SODjaCt: tD aU *UCliMbraUc" WMICA " TOR';V�I.LT.�3CECSIVSD: "ffiS abOva�aamsd...Gra�:c� doss :.czL _• *T• ,13eass: zsmlea•: and f=gv*= 4urrCLAQ{ vmto the Above-nam"d o_ a-.-ee, tt•• z'ea: P=rty above e*=: md, txethtx With tb4 aPptt tea=cen. .. ThU dead ie givaa for aatata PUAnlaq p=vo"a to v6st r- s :c _.s Psop=ty a iwxabl* liv�inq trust attabliahad by GI•ant= Pa=at • Tbae u h6 - valua5la c�aaiduatiaziIiL.`Caah oz ProPem- •`mss• • - • - - DATSDt1d+4r-'•• 1989. • •.:1y _•• Jar ryp'�tyl� 4 •,��If,�T{%i�•�'7ji • ' I' '� rR^ �^ NU GLEN L. 3014 �•,• r�ri ..fLLL'•YJS�•r: -". ' , .. •Ft{w 'f KV. 1?. fiV✓VON�'� Sy ti j {;tTITCLAx1 DESa,4,ft e 2 of -3 Pagel "�~"e!i� `�''y`•::` ' It I I 11 I I � I I I �'89gGoF6 Verr'•".''.. ,1..�:� _Y,,, 1 �N:w Rzoota nig ie utIr sD az: TofO03 lelMr aMa+ YdtC=ZD to►IL TO; C%O TCK 2PSUM2 SZIT trttrsalr 9114 IORM, to 97706-IS42 0 .;.95028999 WA M 1UGORDER j. o. -no n.;var ao 1864000845 r,;O. 9. 61 "CORDtt'. JEST Of MIL rX MTlNOttr!'8 703 trot ■ Trwt"C W4 train K Ttaaterr Ltf rest kietamd Laws Solve, t0 42706 tolvVI awrt►rtalr TRUST TAARSMR DZZD DeArtotttary traasfet tea I& none. Me Cenaldet•tlen. Paul N Troutner and tans K coutnes. husband and rife hereby CANT thwlc intorest in the below described property to 'Paul N Traathor and Lone K Troutner, as Trustees of Tact Thti5T or rAVL t 1.7pt �. TROUM.1 the following demer3Dad property. an c:ra County of AWA. State of I ddho: �• All that tart of the SWa of the Nt4 at the Mt% or Jection 17. T 1 M. a l W. soles neridlHa. Ada Canty, Idaho, lying Nertb of the emamting center :ane of " tight NSie Lateral of the Naga and Meridian IT939arten District as the acne is new constructed wer and &areas said land. Said parcel 3s apptomimAtely I Nis. acres, Nose or 1621. Together with all and mangulat Che tenev�ehtm. I.emedttaawnwts and apaurtr,4n,,.% thareunto belonging or an anywtse appertatnang.. all water, water ri7h'-!,. d1rehos and•dsteh rights 6FPwrtohaA% thereto or Conn«eteo therewith. Sublset to all eaaasxrnts and raahts of way of rae•.ra or appearing en :.e .a.•a. SULJtCT TO that certaih Dead of Trust wherein k t D. Inc.. on 7e.r.1 CC-veretaon, a2 the Grantor. Titt• am Trust Corlpany, an Idano rvcrnr.•.:-.. the trustee. and tugone F. boas and aarbata J. Rema. h-sn*nd and w be11a1aClartsm, dated the lath **y et Jtanr• 1992, Feeorda of Ada Ccut.:�.:aa:a•. and the aced at ttwo aneebteoneaa meevted theteby, which Deed of -,at ana I oeed of tzu%t indebwa tednemr :a net aaalyd by Grint Na het -an. Gtahtsr doom further Conus, unto •Aid Grantees that certain «.2 «2•.n: ^.re.t.arrg angca&s and ogrsas roadways for the benefit at mead prrNmaes. es Pa::icularly deeeribed an txhlbat W attached hereto end by this reference annorvarated Dated: - D.a+a!- Fav: N Troutnar �~ ^•� 3TATL Of IWJro i i+y�rC+ar coy. On2P5. before sr. r permonally.•ppeaf.a P.ul N Trout ner aad lens W Troutner tnowna or 663364 (p.Re loo proved to sr on the basis of satisfactory wldenCsl to be the te#96jis1 wneio naaelal are subscribed to the within inmttvelent, and aeknwl`dried Ij?*q that tory exeewted the Baas_ !r witnass whereof i have hereunto aoY;ry binit and 'vffJx•d sly I eflletol Baal the day MW Yost In this Cerl3U to I [st &bg•e'vcltten. nt n • r •A I = � 9999 " •' r . . J • n • S Aw � A '�A ML bi• SUBDIVIOON EVALUATION SHELO Proposed Development Name TROUTNER BUSINESS PARK City MERIDIAN Date Reviewed 6/27/95 Preliminary Stage XXXXX Final Engineer/Developer Keller Associates. Inc. /Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMIDMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise Cit$rdbt Name Ordinance. U - - - -naff.es shall appearon - plat "W. FRANKLIN ROAD" "S. MERIDIAN ROAD" 'PiENNY 000 "W. fEWWOM STREET" "S.W. 5TH ~—A V6'r W E The above street name comments have been read and approved by the following agency representatives of theADN COUMfYtTREEY'NAME COMMITTEI=. ALL of the signatures mudle secured by the representative or his designee in order for the street names to be officially approved. n ADA COUNTY STREET NAME COMMITTE A Y I ESENTATNES OR DESIGNEES Ada County Engineer John PriesterDate Z Ada Planning Assoc. Terri Raynor - /% ' �i Date / /�� V9 City of Meridian Representative Date &-2,7-% Meridian Fire Dept. Representative Date �" � 4 NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat". otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS 64 J-/'• ��zZ& mWOEIED 0 CENTRAL DISTRICT DEC O Z 1997WHEALTH *6101111110 DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG Pl.. - BOISE, ID 83704-0825 - (208) 3155211 - FAX 327-85CC To prevent and that disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-780 November 28, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Troutner Park Subdivision (Revised) Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed the final plat on this subdivision for central water and central sewer facilities. Sanitary, restrictions will remain in force for Block 2, Lots 10 through 15, Block 3, Lots 1 through 8, Block 4, Lots 1 through 3, Block 5, Lot 3, because sewage and water facilities have not been approved for these lots. No owner shall construct any building, dwelling or shelter which necessitates the supplying of water, or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and lifted. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas Schmalz, E.H.S. Senior Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD James H. Ballentyne Keller Associates, Inc. City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada -WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 R.) Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY 0 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 November 12, 1997 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Troutner Business Park Phase #1 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 Street Lights have been installed by the developer in Troutner Business Park Phase #1. These are 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The seven (7) street lights are located at: Lot 2 Block 1 Franklin Road & SW 5th Ave. Lot 3 Block 1 SW 5th Ave. Lot 5 Block 2 SW 5th Ave. Lot 7 Block 1 SW 5th Ave. Lot 9 Block 1 SW 5th Ave. & W. Pennwood St. Lot 12 Block 1 SW 5th Ave. Lot 1 Block 5 W. Pennwood St. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely William G. Berg, Jr. City Clark WILLIAM G. BERG, A. City Oar* JANICE L GASS, City Treasurer GARY D. SMITH, P.E.. City Engineer BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFr Waste Water SupL DENNIS J. SUMMERS, Parks SupL SHARI L STILES, P & Z Admkihfttor PATTY A. WOLMEL, DMV Supervisor KENNETH W. BOWERS, Fire caller W.L. 'BILL' GORDON. Police Chief WAYNE G. CRN N, JR, Attomey NUB OF TREASURE VALLEY • A Good Place to Live • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 P600e (208) 888.4433 • FAX (208) 887.4813 POWC W-ts/Buildiog Departmm (2D8) 887-2211 Motor VehidCMdvas Lice= (208) 8884443 ROBERT D. CORRIE MEMORANDUM: Mayo` To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the fights in � 17111-4> proceed with the activation. ��d7i1Z�--cam-t Harold Hudson, Electncal Inspector wiring and COUNCIL MEMRERR WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P A 2 COMMISSION JIM JOHNSON, Chakman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Date: //--33-9'7-- - components for % — street Idaho Power Co. can now RECEIVED N 0 V - 4 1997 CM OF MERIDIAN C:\WPW IN60%GENERAL%ELECINSPIAMO I� n Ob NVI0183W N I N N : n D I Z o IY Z s L 3SVHd Z�t 3SVNd a , o: I N � S N 0 8 O 4 z to 1SV3 1N3R3SV3 OY+O tC 11^Duoa .Y ul 310V0 00d1 CC +0 s 1SV3 M/H OVOkI OC +0 _J H s• O 0 3AV 449 AS 10 00+ _ z z s N .. N r 01 E c 3 3 ; N N N 3 C S it rc •- _ 1 Y a 0 153N l,/v a03c 8 n 31�DY� .► w v0 CC CT p r + 'e 1S3M 1N3n35v3 01x+0 n o S z 8 1 1 � 4 I v 1 c N � 0 LO ='aCtJ,� sF Ob NVI0183W N I N N : n D I Z o IY Z s L 3SVHd Z�t 3SVNd a , o: I N � n 3AV DJC MS N W Z 3SVNd Im y i N N 1 3Av"41S M$ I i i N N / j N O 4 .¢` to j tC Mem s O I N .. N n � zo 3 3 ; N N N 3 it rc •- 8 � r z 8 v z c N 0 LO sF a N O . N — L C d C o •' m 0 N C N O $ 0 m {(% c � a Y Z13 D � V ..ww � � a � V Z s 0 3 q n 3AV DJC MS N W Z 3SVNd Im y i N N 1 3Av"41S M$ I i i N N / j • LECTRICAL PERMIT Issued: / / Permit No: 11412 !WNER/APPLICANT------------------------ PROPERTY LOCATION ------------------------ TROUTNER BUSINESS PARK DEVELOP 1 1 TROUTNER BUSINESS PK MERIDIAN, ID 83000 I 1 Lot: Block: Long Legal: 208/000-0000 1 Sub: T: S: I Parc No: ONTRACTOR 1 ---DESIGNER--------------------------------- BETTER HOMES ELECTRIC 1 755 MEADOWLAND DR I BOISE, ID 83713 I 208/375-8200 , 1 000/000-0000 ROJECT INFO ------------------------------------ Prj Value: $9,708.00 1 Temp Service: Prj Type: STREETLIGHTS I Residential Service: Occ Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: IOther:STREETLIGHTS I ROJECT NOTES ------------------------ INSTALLATION OF 7 (SEVEN) 250 WATT STREETLIGHTS: LOT 4 BLOCK. 5, LOT 12 BLOCK 1, LOT 9 BLOCK. 1, LOT 7 BLOCK. 1, LOT 5 BLOCK. 2, LOT 3 BLOCK 1, LOT 2 BLOCK. 1 375-8200 ?OJECT FEES ASSESSMENT ------------------------------------------------------- Amount Paid: $0.00 TOTAL ELECTRICAL FEE: $167.00 Balance Due: $167.00 r. r v ej av e 0 RECEIVED SEP 2 2 1397 MYOFNERUMAN Q V Ci ENTRAL DISTRICT SEP 18 1997 HEALTH.IT'* � sWRIDIAt DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-+';C, To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-621 September 16, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Troutner Business Park. Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 16, 1997. Sanitary restrictions will remain in force for Block 2, Lots 10 through 15, Block 3, Lots 1 through 8, Block 4, Lots 1 through 3, Block 5, Lot 3, because sewage and water facilities have not been approved for these lots. No owner shall construct any building, dwelling or shelter which necessitates the supplying of water, or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and lifted. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Michael H. Reno, E.H.S. Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Tom Schmalz, Sr. Environmental Health Specialist HUD James H. Ballentyne Keller Associates, Inc. City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada -WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 S4, 1 ,,� rnusr I - �Iwc41rec� o,.. e -C-•oc(,- p ¢-k e Li s tj ticr P+ Lo fs a 'vo I- A -p P roVGd $ P Jo*ry �04-re, EX:3 Sanitary Restrictions satisfied for a portion of the plat. HEALTH CERTIFICATE Sanitary Restrictions as required by Idaho Code Title 50 Chapter 13 have been partially satisfied and are lifted for the following lots: Block 1 Lot(s) Block 2 Lot(s) Block 3 Lot(s) D e District Health Department, EHS Sanitary Restrictions as required by Idaho Code Title 50 Chapter 13 have not been satisfied and are in force for the following lots: Block ;?- Lot (s) /o --/T Block 3 Lot (s) 1—k Block y Lots) -3 916 Uc � 3 No owner shall construct any building, dwelling or shelter which necessitates the supplying of water or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and -lifted. 1 CERTIFICATE OF DISAPPROVAL Sanitary Restrictions have been reimposed in accordance with Idaho Code Title 50 Chapter 13 Section 50-1326 for Subdivision, Block 1 Lot(s) # Block 2 Lot(s) # Block 3 Lot(s) # , on this day of , 19 No owner shall construct any building, dwelling or shelter which necessitates the supplying of water or sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and lifted. District Health Department, EHS or Division of Environmental Quality RUG. 5.1997 11:56RM July 21, 1997 Mr. William Berg City Clerk City of Meridian 850 W. Idaho Street Meridian, ID 83642 KELLER ASSOCIATES INC 10 0 • • OSI r. 1'V- E 12 COMM C N C IAL R E A L E 9 T A T t Re: Troutner Business Park Dear Will QEcE:'vED AUG 0 5 1997 CITY OF MERIDIAN The purpose of this letter is to inform you the U.S. Department of Agriculture has decided not to build a building on Block 2, Lot 2 ,pf Troutner Business Park, The USDA has determined that, in order to save money, it win not have offices within 20 miles of each other. This means that the only USDA offices in the Treasure Valley will be in Caldwell and Boise. The USDA will vacate all ocher spaces as their leases expire. As you know, the City of Meridian was working to accommodate the USDA by waiving the requirement that the final plat must be recorded prior to reviewing the construction plans. I am requesting that this waiver be transferred from Block 2, Lot 2 to Block 1, Lot 3. Jim Keller and Reid Olsen are constructing a 1,10,000 SF office building on this lot. The building meets all requirements of the LO zoning, the Development Agreement between the City and Troutner Business Park, and Meridian City Code. For the sake of time, we ask that the waiver be transferred. Please do not hesitate to contact me if you have ahy questions about this request. Thank you in advance for your cooperation. I appreciate your help. Sincerely, Michael J. antyne Troutner Business Park cc: Jim Keller 8o-ort6rage - Management Main Office 7941 West Rifleman Street, Suite 150 Boise, Idaho 93704 Phoae 208.378-4600 Fax 209.3711.4046 Boise Research Copter Phope 209.175.9557 Fax 209.377.8962 AUG 05 '97 12:48 208 375 1994 PAGE.03 RUG. 5.1997 11:56RM KELLER ASSOCIATES INC JJ1'tj •N�i, 4�'�� .1h1 '�� f � eta• wx•. , • NO.150 P.4/4 PI/eaCulb � T:isea:r,wna •'�e ��Di��/07 � �Yh• �^ 1'IY G�erote PI1e11rp ro�2 2d 11/16197 " Plsa GGiavel • p+oad , vital Pavino - od 9/27197 Alia 9ai�ifM -� 5dOtisl9�7 rote puotno Placa naprt.h W _ 50 9/29197 Gplat pavina e:cl oil cure, sidewalk to ' ia2iei ergot Land Levellno OeR1oDl9ie _�� 10 19l�107 AUG 05 '97 12:48 208 375 1994 PAGE.04 Meridian City Council , March 4, 1997 Page 2 Corrie: Counselor, I believe you, do you have anything to say on this one? Crookston: It was my understanding that this matter was going to be sent over again for Ashford Greens because they still had some things to work out. Morrow. Mr. Mayor I did talk briefly with Will I don't know that we got any input from Mr. Turnbull but I feel reasonably safe given where we are at with the irrigation committee work that probably a 30 day table is in order. If that is Mr. Turnbull's desire to be on the agenda for the meeting of the 18th I will contact him and maybe find out and maybe make a correction. Gene you represent David on some issues is the 30 day table in order? (Inaudible) Morrow. That being the case Mr. Mayor I would move that we table until April 1. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we table item 1 until April 1 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED FEBRUARY 18, 1997: CC&R'S FOR TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: Counselor? Crookston: I have reviewed those and I also reviewed the development agreement and I have given my comments to our Planning and Zoning Administrator Shari Stiles and that is the last I have heard of it. Stiles: Mr. Mayor and Council I haven't reviewed that yet. I need to get Mr. Ballantyne in here and go over some of Wayne's comments and maybe Wayne needs to be there as well. That is where we are at. Morrow. Mr. Mayor, I would like to ask Attorney Crookston what is your general feeling about those two documents? Crookston: They are pretty much in order I believe, I had some comments on them, some changes that I would call minor changes. I don't have them specifically in my mind right now, but I don't think that there is too much that we have to work out. Meridian City Council March 4, 1997 Page 3 Morrow Let me ask you the question in this manner then. Are the changes of such manner that you feel that they can be handled at the staff level and the process conclude the agenda tonight and press on? Crookston: I believe that it could be. Morrow. Thank you, Mr. Mayor unless there is further discussion by Council I would like to move that we approve the CC&R's and the development agreement for Troutner Business Park by Jim Ballantyne subject to final staff resolution of the outstanding issues with Mike Ballantyne, and that upon that conclusion we authorize the Mayor to sign and the Clerk to attest those agreements. Bentley: Second Corrie: Motion made by Mr. Morrow second by Mr. Bentley, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 18, 1997: TED CUNNINGHAM: REQUEST FOR HOOK UP TO CITY SEWER AT 125 BLUE HERON LANE: Corrie: Council, I believe you have a letter from Mr. Cunningham requesting that this request be withdrawn. Bentley: Mr. Mayor, I move that we withdraw as per Ted Cunningham's request for hook up to City sewer. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that we withdraw the request by letter from Mr. Cunningham, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY: Corrie: Did Council all get the copy of Stephanie Churchman's letter along with, she gave us this afternoon? Morrow Mr. Mayor, if we could I would like to have the City Attorney make a brief comment on the, for the record in terms of conversation that went on between he and 10 June 1997 RECEIVED JUN 12 1997 Clii' OF AIF.Nidy►g1N 'haHc�ea & �ife�udta� �In�cigat.�o� Dtdbruct Mr. Rod L/nia Keller Associates Inc. 545 Benjamin Lane, Ste. 185 Boise, ID 83704 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Troutner Business Park - Review of Revised Plans for Subdivision Dear Mr. L/nia: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has reviewed the revised plans for the above mentioned subdivision. With the new orifice in place, the return flow back into the Ten Mile Drain will meet the District's specifications, therefore, l feel no further review of the drainage is required. However, the District does need a discharge agreement with the developer prior to construction. Please contact the District's attorney, Mr. Dan Steenson at 342-4591 and ask that he prepare a license agreement for discharge. When the agreement has been prepared and signed by your client, it will be presented to the District's Board of Directors for their consideration at the next available board meeting. Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson, Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT JPA: d/n cc: File Each Director Secretary -Treasurer Asst. Secretary -Treasurer Asst. Water Superintendent Attorney - Steenson Zinear - Sharp of Meridian - Berg APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 JAMES W. RISER ATTORNEY AT LAW 619 QUEENS GUARD WAY, BOISE, IDAHO 83709 PO BOX 190718, BOISE, IDAHO 83719 208 376-3100 FAX 208-377-2427 April 25, 1997 Shari Stiles Meridian City Hall 33 East Idaho Ave Meridian, ID 83642 E -Mail: JJetl01@Aol.com Jet@cyberhighway.net RE: Troutner Business Park/Development Agreement Shari: IECEIVED APR 2 9 1997 CITY OF MERIDIAN 1. Enclosed are two original Development Agreements executed by James H. Ballantyne, President, and Mary Ballantyne, Secretary/ Treasurer, which incorporate the changes you wanted made to the Development Agreement. (Our new printer spacing changed the document size somewhat; so, for example, your changes to former page 13 are now on page 12.) NOTE: Since the final plat changed the lot numbers and the new common area canal lots were added, I changed the Development Agreement to reflect that. For example, in 17.4 Lot 1110" is changed to Lot "11". In 17.7 the 35' strip along new lot numbers 6, 7, 8, 9, 10, 12 and 13 are now the Lot 8 numbers adjacent to Franklin Square Subdivision. In 17.4 we added the common area canal lots. 2. Also enclosed are two executed Non -Development Agreements. incer ly, Jam W. iser J :ef enclosures 0 • DEVELOPMENT AGREEMENT [TROUTNER BUSINESS PARR] THIS AGREEMENT, made and entered into this 2-1?- day of , 19971 by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballantyne, 10250 Whispering Cliffs Drive, Boise, Idaho 83704 ("Developer"). WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (the "Property"), which is attached hereto and by this reference incorporated herein as if set forth in full [DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and DEVELOPMENT AGREEMENT - 1 d/realest/trout2de.wpd • • WHEREAS, the DEVELOPER has submitted and the CITY has approved an application for annexation and zoning of the property to General Retail and Service Commercial (C-6) and Limited Office (L-0) and has submitted a final preliminary plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the DEVELOPER (through its predecessors), as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, and has submitted to the CITY a Plat thereof. The property has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY in the Findings of Fact and Conclusions of Law, annexed the Property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPMENT AGREEMENT - 2 d/realest/trout2de.wpd 0 0 DEVELOPER agrees, and hereby binds its successors and assigns to this agreement, in consideration for the annexation of the Property as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. Zoning: That the development of Property shall be only for General Commercial and Service Commercial (C -G) and Limited Office (L-0) and developed as a Commercial Planned Development and all applications to develop lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. 3. Non -Development Agreement (Phase II): Upon execution hereof the parties agree to execute a "Non -Development Agreement" for the Phase II portion of this subdivision. DEVELOPER agrees that if the City needs or desires a required improvement to be completed in Phase II, CITY shall inform DEVELOPER in writing and DEVELOPER agrees to commence construction of those Phase II improvements contained in the CITY's letter within sixty (60) days from the receipt of the CITY's letter and complete those improvements within 180 days of CITY's letter. DEVELOPMENT AGREEMENT - 3 d/realest/trout2de.wpd • 0 4. No Plat Changes: There shall be no change to increase the number of lots shown in the final Plat approved by the CITY of Meridian, which is incorporated herein as if set forth in full herein. (This plat is depicted in Exhibits B-1 and B-2 attached hereto.) 5. Subdivision Improvement Plans: DEVELOPER will, before construction commences, file or cause to be filed with the CITY Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, curbs, gutters and sidewalks utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within that Phase of the subdivision, which Plans and all improvements shown thereon shall meet the approval of the CITY Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. DEVELOPMENT AGREEMENT - 4 d/realest/trout2de.wpd 0 0 6. Installation of Infrastructure: DEVELOPER will, at its own expense, (and subject to that Non -Development Agreement attached hereto), construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, cable TV lines, telephone lines, curbs, gutters and sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas, and television lines as required for the development. 7. Infrastructure Installation Standards: DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the CITY Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. DEVELOPMENT AGREEMENT - 5 d/realest/trout2de.wpd 0 • 8. Construction Schedule• Advance Notice to Meridian Engineer: DEVELOPER will provide the CITY Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the CITY Engineer. 9. Corrected Original Drawings: DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location of the various water, sewer, utility and pressurized irrigation lines, and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. DEVELOPMENT AGREEMENT - 6 d/realest/trout2de.wpd • 10. Notification of Completion: DEVELOPER will, immediately upon the completion of any such constructed portion, or portions of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements. 11. Completion of Improvements by CITY of Meridian; Notice; Hearing: DEVELOPER agrees, that upon a finding by the CITY Council, duly entered in the official minutes of the proceedings of the CITY Council, that a portion, or portions, of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the CITY Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the CITY Council and unless the DEVELOPER has been notified in writing of the time DEVELOPMENT AGREEMENT - 7 d/realest/trout2de.wpd and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. Developer Completion of Improvements; Hearing: DEVELOPER agrees that upon its having received written notification from the CITY Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the CITY Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall DEVELOPMENT AGREEMENT - 8 d/realest/trout2de.wpd 0 0 be final, except that the rights of the parties are preserved at law and equity. 13. Meridian Remedy for Failure to Complete Installation: DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. Security Interest to Meridian; Subordination to Lender; Release of Security Interest. 14.1 Security Interest: DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such DEVELOPMENT AGREEMENT - 9 d/realest/trout2de.wpd 0 improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. 14.2 Release of Security: Upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein and/or release any other security posted under Section 14.4 below against all or any Phase or portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 14.3 Subordination to Lender: The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take DEVELOPMENT AGREEMENT - 10 d/realest/trout2de.wpd 0 reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14.4 Bonds and Other Security: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Agreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor Avenue). DEVELOPER may also install a water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the DEVELOPER shall request that the CITY enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to DEVELOPMENT AGREEMENT - 11 d/realest/trout2de.wpd • the CITY's approval of the design of the facilities. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work which would apply to a late comers agreement. The CITY's obligation to enter into a late comers agreement to have future users of the water and/or sewer line extension help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. Certificates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed and no Certificates of Occupancy shall be issued in any Phase until the improvements have not been installed, completed, and accepted by the CITY; provided, however, that this paragraph 16 shall not apply to the construction of the USDA building on Lot 3 Block 2, which building will probably be completed prior to the total DEVELOPMENT AGREEMENT - 12 d/realest/trout2de.wpd 0 • completion of all other site improvements to Phase I. The construction of this USDA building shall be subject to Meridian approvals outside of this Development Agreement. 17. Special Conditions: DEVELOPER agrees to the following special conditions and development requirements: 17.1 Perimeter Fence: To construct permanent fencing as approved by the CITY of Meridian around the perimeter of the development (except for the perimeter adjacent to Franklin Road, roadways, pedestrian easement areas, and Eight Mile Lateral crossings). 17.2 Eight Mile Lateral Fence: As each Phase is developed, DEVELOPER shall install six (61) foot chain link permanent fencing on both sides of Eight Mile Lateral except where roadways are located as shown on the approved Improvement Plans. 17.3 Hammerheads: DEVELOPER shall construct two hammerheads next to Franklin Square Subdivision as shown in the Plat depicted in Exhibits B-1 and B-2. These hammerheads are to be dedicated to ACHD. 17.4 Lot 11 Block 1 Pedestrian Easement: DEVELOPER shall construct with concrete and materials approved by the CITY of Meridian a 12' wide pedestrian/bicycle and emergency easement access way from S.W. 5th Street to DEVELOPMENT AGREEMENT - 13 d/realest/trout2de.wpd Penwood Street on Lot 11 Block (depicted on Exhibits B-1 and B-2), together with approved emergency bollards. 17.5 Ditches; Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage ditches shall be tiled or piped. 17.6 Planting Strips W. Franklin Road: DEVELOPER agrees to landscape and plant those thirty-five (351) foot Common Area Lots (Lot 1 Block 1; Lot 1 Block 2) along W. Franklin Road. 17.7 Berm and Landscaping Thirty -Five (35') Foot Western Strip Adiacent to Franklin Square Subdivision: DEVELOPER agrees to landscape and berm that thirty-five (351) foot strip on the western edge of Lots 6, 7, 8, 9, 10, 12 and 13 of Block 1 which are adjacent to Franklin Square Subdivision (except the area covered by the Hammerheads, the pedestrian/ bicycle easement over Lot 11 Block 1, or the Eight Mile Lateral). 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. 17.9 Water and Sewer: Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each Phase of DEVELOPMENT AGREEMENT - 14 d/realest/trout2de.wpd this development as each Phase is constructed and to serve each building lot in each Phase. 17.10 Streets Curbs. Gutters and Sidewalks: Construct streets, curbs and gutters and sidewalks of the development which meet CITY and ACHD requirements. 17.11. Right of Way Dedication: Dedicate all required public rights of way from the center line of adjoining public roads. 17.12. Meridian Fees: Pay any usual and customary development fees or transfer fees adopted by the CITY of Meridian. 17.13 Meridian Ordinances: Comply with all Meridian CITY ordinances. 17.14 Common Area Lots: DEVELOPER agrees to deed the Common Area Lots to the Troutner Business Park Association, Inc. set up in the CC&R's. These Common Area Lots are Lot 1 Block 1; Lot 1 Block 2; and Lot 11 Block 1 (pedestrian/bicycle CITY easement) and the Eight Mile Lateral Common Area lots which are Lots 5 Block 1, Lot 5 Block 2, Lot 13 Block 2, and Lot 5 Block 3. The CC&R's shall provide that these lots shall be maintained by the Association. DEVELOPMENT AGREEMENT - 15 d/realest/trout2de.wpd 0 • 17.15 Storm Drainage: DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 18. Notices: That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 19. Recording Fees: That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. Run with the Land: All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. DEVELOPMENT AGREEMENT - 16 d/realest/trout2de.wpd 21. Approval by CITY of Meridian: This Agreement shall become valid and binding only upon its approval by the CITY Council and execution of the Mayor and CITY Clerk. 22. De -annexation: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or its assigns or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: Troutner Business Park Development Corporation By m H. all ne, esident By, , Sealtetary/Treasurer CITY OF-H$RIDIAN rt D. Corrie, Mayor ATTEST: ` `,,,,` OF ���Nir1�H1Up���',',i, B 4 ao William G. Berg, Jr , Oty Clerk a r s sm DEVELOPMENT AGREEMENT - 17 d/realest/trout2de.wpd I'll i • STATE OF IDAHO ) :ss. County of Ada ) On this day of , 1997, before me, the undersigned, a otary Public 6a�d-f-o-r said State, personally appeared JAMES H. BALLANTYNE and MARY BALLANTYNE, known, or proved to me, to be the President and Secretary/ Treasurer of Troutner Business Park Development Corporation and acknowledged to me that they executed the same on behalf of the corporation. 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 Publiv or Id top'dll Az) Residing at• (SEAL) My Commission Expires: STATE OF IDAHO ) :ss. County of Ada On this day of , 1997, before me, the undersigned, a Notary Public in qAd 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 officia writtggr► WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal, the day and year in this certificate first above ���'•��G E L. �'•.�. >Q '9tp %0 0,01 r ' (SEAL)':- DEVELOPMENT SEAL)= DEVELOPMENT AGREEMENT - 18 d/realest/trout2de.wpd 0 • A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY Fxk-blli-' A EXHIBIT B? 1,3M1,3M,,MN MUVI. Nn • Y g h yod M .20.Mes N IZ'C99 L 00'OOi L fO+00t ® �1 © rl r L00vaI IfI A —I r \ + • ® W + 5O Ad alft ,O_ II • K/XL9 I II EI 1 ♦ RR I CM ® 90,90.ei 11 CeiLl l/ K1.1 L 909p — • A9M M L •'I/t L wM L *RK ® O e Yw pt: / pr 3 3.t1,LS.et N Sf'OeL n $r • Y g h yod foil Not to Scale % kam t ON Y30 JO ssvo W499L 3 .00,00.06 N .a Nrowme gam, q 93000 AMC, Arm Cs A imam Aging Ls C l9rs 11 9 r.nnnr.nnrnrnnn■ EXHIBIT B2 Not to Scale 3 31[ ig4g a wr .know Aa U 663.21' N 69.56'05* W VI9JIJ V� �Gnf\IIYV N 90.00'00" E 2657.31' • P I 91'5K L'S roC jo N VI9JIJ V� �Gnf\IIYV N 90.00'00" E 2657.31' • P I NON -DEVELOPMENT AGREEMENT (Phase II Troutner Business Park) Date: G- '7 1. AGREEMENT. Troutner Business Park Development Corporation, an Idaho corporation, ("Developer") owns that Property (Troutner Business Park) described on Exhibit A hereto, and desires to subdivide the Property for non-residential purposes in accord with applicable Meridian subdivision ordinances. Developer desires to defer construction of infrastructure and public facilities in Phase II of Troutner Business Park (described as Lots 10-15, Block 2; Lots 1-3, Block 3; Lots 5- 8,Block 3; Lots 1-3, Block 4; Lot 3, Block 5; and depicted in Exhibit B attached hereto) required as conditions of approval of the final plat of the Property ("Subdivision Improvements") by the City of Meridian, an Idaho municipality ("City"), such deferral to be for the purpose of determining market acceptance of Phase II in its preliminary stage, and the mix of uses and style of development of Phase II (within the range allowed by the Property zoning) preferred by such market. In connection with such deferral, and as a condition to the City's approval of the final plat of the Troutner Business Park Property, the City and Developer agree to the following provisions and restrictions for Phase II. NON -DEVELOPMENT AGREEMENT - 1 realest/troutnon.wpd • • 2. NO DEVELOPMENT. No construction of Subdivision Improvements within all or any part of Phase II of the Troutner Business Park subdivision shall be undertaken without the prior written consent in each instance by the City, based upon plans submitted to the City detailing the extent, nature, and estimated cost and construction time thereof. Any such construction shall be in accord with the original a) conditions of subdivision approval; b) the Development Agreement in effect for Troutner Business Park between the City and Developer; and c) the standard construction requirements of the City in effect at that time. City may, at the City's option, subject Developer to providing an irrevocable letter of credit or cash surety agreement in an amount sufficient to ensure the proper completion of such improvements in Phase II when approval is given by City for such construction. 3. NO SALE. Developer shall not during the term of this Agreement sell any lots in Phase II described on Exhibit B without the prior written consent in each instance by the City, which consent shall be predicated upon completion of the Subdivision Improvements serving Phase II in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time. This Agreement may be recorded in Ada County as notice to prospective purchasers of this restriction; [Provided, however, Developer may sell the NON -DEVELOPMENT AGREEMENT - 2 realest/troutnon.wpd entirety of Phase II to another developer so long as a) the City consents to the sale; b) the sale is subject to this Agreement and the Development Agreement; and c) the buyer/developer agrees in writing with the City to assume all obligations under these agreements.] 4. TERMINATION. If construction of the Subdivision Improvements in Phase II has not been started within two years from the date the final plat of Troutner Business Park is recorded, and is not complete within three years of such recording date, then the City's original approval of the final plat shall be deemed revoked as to Phase II of the Property for which Subdivision Improvements are not then complete in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and the City may then record notice of such revocation as to Phase II in the records of Ada County. This Agreement shall terminate, unless extended by mutual written agreement, upon the earlier of (a) completion of the Subdivision Improvements, (b) two years after recording of the final plat if the Subdivision Improvements have not then been started, or (c) three years after recording of the final plat. 5. BINDING EFFECT. The provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. NON -DEVELOPMENT AGREEMENT - 3 realest/troutnon.wpd TROUTNER BUSINESS PARK DE ELOPMENT CORP. By Ja s Ba lan y , esident BY; MaryRM lantyne, cretary/ Treasurer STATE OF IDAHO ) . ss. County of Ada ) CITY O ERIDIAN By o rt D. Cor e, Mayor B 0.1'z - William G. ergv%%% City Clerk 0�. zf�j: Nj p���• On this e day of , 19_�2, before me, the undersigned a Notary Public in d 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, an Idaho municipality, Idaho, and they duly acknowledged to me that they executed the within instrument on behalf of said municipality and that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thi�certificate it above written. NON -DEVELOPMENT AGREEMENT - 4 realest/troutnon.wpd ublic" for --Idaho in Bviae, Idaho hjee;A'#-% ssion Expires: c��oz/y9 STATE OF IDAHO ss. COUNTY OF Ada • On this ��t day of , 1, before me, the undersigned a Notary Publid in and for said State, personally appeared JAMES BALLANTYNE and MARY BALLANTYNE, known or identified to me to be the President and Secretary/ Treasurer of Troutner Business Park Development Corporation, the corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publ for Idaho Residing in Boise, Ida 3 a2�3 My Commission Expires: NON -DEVELOPMENT AGREEMENT - 5 realest/troutnon.wpd • • A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. ExAI b 11 -/- A m EXHIBIT B7 II1 u0V n 00 qo^�W � as 0 Z�mp o o W _ Q 0 � Q > kk RSp h _ � — 3� i� � � Y OrxW3B !0 SKrB = Q Q O m y - If'L595 3 .00AOM N Arms zvt 4,01 a� n D ON h Wr = S ` tlyPg�� tl'S 9l'! 111 Z a LL.8a� ¢ a.0ZQ y o N z ~ Rill fix00 a ' ESI Do.z_L 9, �' m ° b"` g t .+o l 133Ns L Q Q tr 3i 3' t �0 L 133x6 _ N 5 o1 z dgi 6� N nuaa x'1551 '"gpW� .9CIx1 fl'S ols a " 'd %3003ll�Ywmnn a '_ _ _ M .SD_OS.99 L 09905 rlo N 8 = = II Not to Scale . JK9 3 I I $t rr a is se'ezl \ r K r Q u Sr+9� e59u - "U -Rt s u ova y we u Owen ! u 99911 u /tme - _3.tl,ZS.6o N m -ALUM"-- Y I Sf'06C � � ��$Wyjj g n �C♦�j rK rx �LsgS N13N'R3S•�M� S O311rtiarn I z I I ' a II1 u0V n 00 qo^�W � as 0 Z�mp o o W _ Q 0 � Q > kk RSp h _ � — 3� i� � � Y OrxW3B !0 SKrB = Q Q O m y - If'L595 3 .00AOM N Arms zvt 4,01 a� n D ON h Wr = S ` tlyPg�� tl'S 9l'! 111 Z a LL.8a� ¢ a.0ZQ y o N z ~ Rill fix00 a ' ESI Do.z_L 9, �' m ° b"` g t .+o l 133Ns L Q Q tr 3i 3' t �0 L 133x6 _ N 5 o1 z dgi 6� N nuaa x'1551 '"gpW� .9CIx1 fl'S ols l 0 1 � t NON-DEVELOPMENT.AGREEMENT (Phase II Troutner Business ParJf� tib'. Date: 1. AGREEMENT. Troutner Business Park Development Corporation, an Idaho corporation, ("Developer") owns that Property (Troutner Business Park) described on Exhibit A hereto, and desires to subdivide the Property for non-residential purposes in accord with applicable Meridian subdivision ordinances. Developer desires to defer construction of infrastructure and public facilities in Phase II of Troutner Business Park (described as Lots 10-15, Block 2; Lots 1-3, Block 3; Lots 5- 8,Block 3; Lots 1-3, Block 4; Lot 3, Block 5; and depicted in Exhibit B attached hereto) required as conditions of approval of the final plat of the Property ("Subdivision Improvements") by the City of Meridian, an Idaho municipality ("City"), such deferral to be for the purpose of determining market acceptance of Phase II in its preliminary stage, and the mix of uses and style of development of Phase II (within the range allowed by the Property zoning) preferred by such market. In connection with such deferral, and as a condition to the City's approval of the final plat of the Troutner Business Park Property, the City and Developer agree to the following provisions and restrictions for Phase II. NON -DEVELOPMENT AGREEMENT - 1 realest/troutnon.wpd 2. NO DEVELOPMENT. No construction of Subdivision Improvements within all or any part of Phase II of the Troutner Business Park subdivision shall be undertaken without the prior written consent in each instance by the City, based upon plans submitted to the City detailing the extent, nature, and estimated cost and construction time thereof. Any such construction shall be in accord with the original a) conditions of subdivision approval; b) the Development Agreement in effect for Troutner Business Park between the City and Developer; and c) the standard construction requirements of the City in effect at that time. City may, at the City's option, subject Developer to providing an irrevocable letter of credit or cash surety agreement in an amount sufficient to ensure the proper completion of such improvements in Phase II when approval is given by City for such construction. 3. NO SALE. Developer shall not during the term of this Agreement sell any lots in Phase II described on Exhibit B without the prior written consent in each instance by the City, which consent shall be predicated upon completion of the Subdivision Improvements serving Phase II in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time. This Agreement may be recorded in Ada County as notice to prospective purchasers of this restriction; [Provided, however, Developer may sell the NON -DEVELOPMENT AGREEMENT - 2 realest/troutnon.wpd entirety of Phase II to another developer so long as a) the City consents to the sale; b) the sale is subject to this Agreement and the Development Agreement; and c) the buyer/developer agrees in writing with the City to assume all obligations under these agreements.] 4. TERMINATION. If construction of the Subdivision Improvements in Phase II has not been started within two years from the date the final plat of Troutner Business Park is recorded, and is not complete within three years of such recording date, then the City's original approval of the final plat shall be deemed revoked as to Phase II of the Property for which Subdivision Improvements are not then complete in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and the City may then record notice of such revocation as to Phase II in the records of Ada County. This Agreement shall terminate, unless extended by mutual written agreement, upon the earlier of (a) completion of the Subdivision Improvements, (b) two years after recording of the final plat if the Subdivision Improvements have not then been started, or (c) three years after recording of the final plat. 5. BINDING EFFECT. The provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. NON -DEVELOPMENT AGREEMENT - 3 realest/troutnon.wpd E TROUTNER BUSINESS PARK • CIT4ert ERIDIAN B D. orrie, Mayor William G. Berg, City Clerkck ``'/i�,h d� SEAL STATE OF IDAHO ) �'�,��7p "�T �gS •, P�\���`� County of Ada On this day of mi , 1992, before me, the undersigned a Notary Public in d for said State, personally appeared ROBERT D. CORRIE and WIL IAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, an Idaho municipality, Idaho, and they duly acknowledged to me that they executed the within instrument on behalf of said municipality and that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificaterst above written. \ l NON -DEVELOPMENT AGREEMENT - 4 realest/troutnon.wpd Data y Public vor laano 7Res ding in Be}se-, Idaho h41e..Idla�- My Commission Expires: OBID.21f l STATE OF IDAHO ss. COUNTY OF Ada hc on this 'ley day of � 101, before me, the undersigned a Notary Public in and for said State, personally appeared JAMES BALLANTYNE and MARY BALLANTYNE, known or identified to me to be the. President and Secretary/ Treasurer of Troutner Business Park Development Corporation, the corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. I]C:WITNESS WHEREOF, official seal:.. the day written: I have hereunto set my hand and of f ixed my and year in this certificate first above Notary Publi for Idaho Residing in Boise, Ida My Commission Expires: .3 ;2z;r NON -DEVELOPMENT AGREEMENT - 5 realest/troutnon.wpd • A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET, THENCE NORTH 00 DEGREE 1331" EAST A DISTANCE OF 142.00 FEET, THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET, THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY �5x k- b 1', -�- 0 _ _.UOR- BB N I muhkwl RYB! I • x.B... I I A "Z.WQr,M%S i aluvuN11 CIxr"TT m "4 N n8 8 JL c 0 in 8 t J, W a" q 0\ a W� l U- 0 o W . _ l ix J �wpm r - m Z � 'z- (� W 3 z rn S Q 11 1 z4'aLL. -�p�� — aoza 4 na No_ No a� > 15 e ESI a z • „¢ - °Da0 • C-) a W�� _ h N a d L Ifif p'1�Q*4is '��Qj�C+�'°z-.i i3 4d � i bi ii w a �4 n MUM cis 018W3B JO SGV6 IC'[SBS 3 .00AM08 M am t !0 1133115 LQ C JO L 137Mi N M88M arl"CI CI'S BI 5 • jLg*A M ALIM Jill it Not to Scale 7 A 018W3B JO SGV6 IC'[SBS 3 .00AM08 M am t !0 1133115 LQ C JO L 137Mi N M88M arl"CI CI'S BI 5 • jLg*A M ALIM 16 Meridian City Council i February 18, 1997 Page 7 will have a proposal that will be beneficial to Nampa Meridian and the City of Meridian and the development community. So that is where we are at. Corrie: I guess Mr. Morrow what would you suggest for a table? Morrow. Well I was in hopes that we would see something from David's company asking for a time. Let's table to our first meeting in March and then on our Monday's meeting we can ask him where he wants to go with that. So Mr. Mayor I would recommend that we table until March 4, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow second by Mr. Rountree to table this for further discussion until March 4, 1997 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 4,1997: CC&R'S FOR TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: Mr. Ballantyne, Mike? Ballantyne: I basically would be glad to entertain any questions or concerns regarding the CC&R's. Crookston: I was in the process of reviewing those this afternoon and this evening and I have not finaled that review. Morrow. That being the case, obviously we can't review them because we haven't seen them. Crookston: You don't have copies at all? Corrie: I don't, you have got everything we have. Morrow. (Inaudible) Mr. Mayor, Shari has a comment. Stiles: Mr. Mayor and Council, I believe because of the thickness of that document that Anna did not give all of the Councilman a copy. It might be better if you could look at the one that is in the file. I guess if you all prefer to have your own copy that is fine but it is a lengthy document. Ballantyne: I could just recite if we have a couple of days. r Meridian City Council February 18, 1997 Page 8 Morrow. That being the case Mr. Mayor I would move that we table until March 4 pending review by Counselor and individual review by each councilman after we have received the written review from Attorney Crookston. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, to table the CC&R's for the business park until March 4 for review by the counselor and the City Council, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C -G BY EAGLE PARTNERS LLC: Corrie: Council you have the findings of fact and conclusions of law. Rountree: I have a couple of minor corrections I would like to suggest. On page 16, item 17, paragraph 2, third line reads "at this point he was not included to support the application" included should be changed to inclined. And on page 32, it is up to the Council whether they want my name on that page or not, but everybody else is there. Corrie: We will see that (inaudible) Any further corrections or comments? Morrow. Mr. Mayor, I would move that adapt the amended findings of fact and conclusions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions as changed, rag call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor, the Meridian City Council hereby decides that based on the findings of fact and conclusions of law above adopted that the annexation application is denied. Rountree: Second Meridian City Council February 4, 1997 Page 17 Jacobs: Good evening, Keith Jacobs, Pacific Land Surveyors. This is a continuation of a preliminary plat you have approved of Whitestone Estates Subdivision. This is our second phase, 37 lots on 10.62 acres. I did receive the staff comments, read them and responded to the City with a letter accepting the general comments and the site specific comments. The two issues on the site specific comments, issue 5 and 61 have not had a confirmation from staff that I did interpret their comments correctly. However we will work that out, if we need to do that before this is approved, fine. If we don't we can do it with staff and consultant level. Do you have any other questions? Corrie: Any questions of Keith? Thank you Keith. Morrow. Mr. Mayor, question of staff, Gary and Shari are you satisfied with the responses that were provided to you by Keith Jacobs for those questions that you had. Smith: Yes I am Councilman. Stiles: Yes I am too. Morrow. Thank you Corrie: Any further questions? Hearing crone I would entertain a motion on the final plat. Morrow. Mr. Mayor, I would move that we the City Council approve the final plat for Whitestone Estates Subdivision No. 2 subject to all staff conditions. Bentley: Second Corrie: Motion made and seconded to accept the final plat of Whitestone Estates subject to approval of staff, conditions of staff. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: TROUTNER BUSINESS PARK, 38 LOTS SOUTH OF FRANKLIN ROAD, WEST OF MERIDIAN ROAD BY JIM BALLANTYNE WITH COVENANTS, CONDITIONS AND RESTRICTIONS: Corrie: I believe I saw Mike. Ballantyne: Mr. Mayor and members of City Council we believe we have all of the items to the City that the City has required. VVe have received the staff comments and responded and there were a couple items on the staff comments that I would like to Meridian City Council February 4, 1997 Page 18 address real quick. I don't know if I really need to go over these for the sake of time as long as the City Council has had a chance to see our response to the staff comments and they don't have any questions. I think they are pretty clear. Corrie: Council, any questions of Mr. Ballantyne? Rountree: Mr. Mayor, for the record I would like to have Mr. Ballantyne explain the changes in access on this subdivision? Ballantyne: Are you speaking specifically of item two on site specific comments? Rountree: Yes Ballantyne: David, he is from Keller, he is holding a copy of the final plat. Originally on our preliminary plat the comment was made by staff and I don't have the exact verbiage was basically that the fire department requires once we cross the lateral that a second point of access is available. We all along had assumed that would be the easement through Norm Fuller's property that would provide that second point of access. In discussions with the Fire Department, the fire department made the comment that they would allow the sewer easement which was also a pedestrian pathway to be used as a secondary access for fire use. As long as it met certain criteria which we have outlined I believe there is a letter from the fire department that discusses that We have agreed to that so we would use that as a secondary access until such time that we crossed about the middle of the project and went into phase 2, then if we were to cross that we would need the second access through Fuller's property. Our desire if you remember back, I think we started this process I wrote this date down August 8, 1995. If we look back in the process we discussed that Fuller Easement and that Corporate Drive extension and the fact that the preference I believe for the City and for Ada County Highway District was not to see that road go in and create another traffic situation on Meridian Road. But rather to see those dollars go toward a Corporate Drive extension which would be about I think about 150 feet to the South of where that extension would be. So our goal was to find a way to provide a secondary access without having to punch that street through with the hopes that within the next while that corporate drive extension would be put in and there wouldn't be two streets in effect within a hundred yards of each other. So the other advantage to doing that is that it provides a second access to the property owners on Pennw ood and points west if Southwest Ph I believe is blocked for some reason the fire department can't get through. So really it benefits both. The way it is set up, I know there is some concern as we went through the process by neighbors about that street going through. The way it is set up there are ballards there and it is a green area with a walkway and concrete pavers with grass growing through it for the fire department but there is no access for any other vehicles. The only other vehicle would be a City vehicle to work on the sewer system. Rountree: Thank you Meridian City Council* February 4, 1997 Page 19 Corrie: Any other comments or questions? Thank you Wke. Council any further comments or questions you have? Morrow. Question for Gary, in terms of, this is a walkway sewer easement, is the grass an acceptable permanent solution for maintenance of the sewer item there. I guess the point of my question is that at such time as a natural second road access comes available into this unit does it make sense to have the grass still in place? Smith: I don't, Councilman, I don't think that it would need to be removed if that is what you are asking. I have seen some installations of grass (inaudible) as far as I know they continue to function as a semi grassy area that can support a vehicle. So I don't know that it would need to be removed, it might facilitate, we need to have or, I guess it would conform to what we have required in the past when we have a sewer line outside of a public right of way and we have an access line way above the sewer line. I think it should stay in place. I did have a note from Bruce Freckleton that we need to have a letter from the fire department that this is an acceptable secondary access for them. I don't Morrow. In our packet there is a copy of a letter from Ken Bowers our Fire Chief to Keller and Associates outlining four items concerning that particular area. I guess my question would be is that sufficient for your needs, it would be the last page of the response received February aro from Keller and Associates. Smith: That is fine. Corrie: Any further comments or questions? I will entertain a motion for the request for final plat approval. Bentley: Mr. Mayor, I would move we approve the final plat for Troutner Business Park. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the final plat for Troutner Business Park, any further questions? Morrow. Question Mr. Mayor, the agenda item talked about also with the covenants and CC&R's, I guess my question is in terms of the motion is that just for the final plat? We have not had any discussion with respect to the CC&R's and are we going to split that out and talk about that after the motion. Crookston: I can inform the Council that I have the CC&R's, they are relatively thick, I have not gotten through all of it yet. Meridian City Council February 4, 1997 Page 20 Corrie: Then maybe we can approve the final plat and bring the covenants and CC&R's up later. Is that the motion? Bentley: That is the motion Rountree: Second Corrie: You heard the motion, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Corrie: We will bring those up now. Ballantyne: Mr. Mayor and Council that is fine with us, my only question is in regard to the development agreement, is it possible to do those together to approve the CC&R's and development agreement together so it doesn't cost us any time? Corrie: Yes Ballantyne: Great, thank you. Morrow. Mr. Mayor, I would move then that we table the portion of item 5 with respect to the CC&R's until our meeting of February 18th. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to do the CC&R's on the 18th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: THE LAKE AT CHERRY LANE NO. 6 SUBDIVISION, 52 LOTS NORTH OF CHERRY LANE VILLAGE NO. 5, WEST OF TEN MILE ROAD BY STEINER DEVELOPMENT: Corrie: Steve? Bradbury: Mr. Mayor and members of the Council, my name is Steve Bradbury, I am representing Steiner Development. You have the final plat for Lake at Cherry Lane No. 6 before you. Yesterday Keith Jacobs of Pacific Land Surveyors faxed to the City a letter responding to staffs comments and I am going to kind of assume that staff has seen it, they are busy ignoring me right now. In any event and Mr. Jacobs is here of course as you and can respond to any questions that you may have with respect to any of those. But as I understand it Mr. Jacob's responses were all positive that he took 0 0 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TROUTNER BUSINESS PARK KNOW ALL MEN BY THESE PRESENTS: The undersigned Troutner Business Park Development Corporation (hereinafter referred to as "Declarant" or "Grantor"), being the owner of that real property located in Ada County, Idaho and legally described on Exhibit "A" attached hereto hereby adopts the following Declaration of Covenants, Conditions and Restrictions which shall apply to and run with that property described on Exhibit "A". (Said property is referred to herein as "Troutner Business Park" or simply "Park" or "Property" and is depicted in that plat of the property attached hereto as Exhibit B.) The Covenants, Conditions and Restrictions are as follows: ARTICLE I Covenants Running With The Land 1.1 Covenants and Restrictions: Definitions: This Declaration (including the Design Standards attached as Appendix 1) hereby establishes and sets forth for the mutual benefit of Declarant and future owners of the property or any Lot therein, protective provisions, covenants, conditions, restrictions, - agreements, charges, liens and other matters herein set forth (collectively referred to herein as the "Restrictions" or CCR's"), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 d/realest/troutner.3 • 0 which are binding upon the Property. These are expressly and exclusively for the use and benefit of the Property and of each Lot and of each and every person or entity who now or in the future is an owner of the property or any Lot therein. 1.2 Runs with Land: These Restrictions shall run with the land (described in Exhibit A and depicted in that plat map attached hereto as Exhibit B). Nothing herein shall be construed to cause this Declaration to apply to or bind any other property of Declarant not specifically described in Exhibit "A". However, these Restrictions are intended to benefit other property of Declarant in proximity to the subject property, but which other property may not be bound by these Restrictions. 1.3 Definitions: The following definitions apply hereto: 1.3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 1.3.2 "Troutner Business Park" shall mean the Property described on Exhibit A. 1.3.3 "Assessments" shall mean those payments required of Owners and Association Members. 1.3.4 "Association" shall mean Troutner Business Park Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 d/realest/troutner.3 0 1.3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized representatives. 1.3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall not include the Common Area. 1.3.7 "Bylaws" shall mean the Bylaws of the Troutner Business Park Association, which Bylaws are attached hereto and incorporated herein by reference. 1.3.8 "Common Area" shall mean any or all parcels of Troutner Business Park Subdivision that are designated on the Plat as private streets or drives, common open space, common areas and common landscaped areas, including but not limited to the following parcels which Declarant shall deed to the Association: Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lot 10, Block 1. 1.3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 1.3.10 "Grantor" shall mean Troutner Business Park Development Corporation and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by Grantor. Grantor may be referred to as "Declarant" or "Developer" and includes any assignee or successor of Grantor. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 d/realest/troutner.3 1.3.11 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 1.3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to ten percent (100] of the cost plus interest) incurred by the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 14.1.1 below.) 1.3.13 "Member" shall mean each person or entity holding a membership in the Association. 1.3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory title retaining contracts of sale, but excluding those having an interest merely as security for the performance of an obligation. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 d/realest/troutner.3 0 • 1.3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 1.3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 1.3.17 "Property" shall mean those portions of the Property described herein including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. 1.3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the landscaping (as set out herein), Common Areas and all Improvements located thereon, and the other costs of the Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms hereof or the terms of this Declaration. 1.3.19 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Association, pursuant to the provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 d/realest/troutner.3 9 ARTICLE II Equitable Servitudes 2.1 Declarant intends to subdivide and sell and/or lease the Property for various office, business, commercial and/or industrial uses and desires to subject the Property to the Restrictions in order to implement a uniform, general and common plan designed to preserve the value and high quality of the property for the benefit of the Declarant and other owners of the Property. 2.2 The Property is subjected to these Restrictions to insure appropriate development, improvement and maintenance of each Lot; to protect the Declarant and Owners of Lots against improper use which could depreciate the value of their Lot; to preserve the natural beauty of the Property after development in accordance with those Restrictions; to provide a means of preventing the erection of improperly designed or constructed structures; and, in general, to provide for a high quality of improvement on the Property, and thereby to enhance the value of investments made by Declarant, or Owners of Lots upon the property or of adjoining property owned by Declarant. ARTICLE III Phase Development Incorporation of Additional Areas 3.1 Phase Development: This development shall be built in four phases as follows: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 d/realest/troutner.3 Phase I a. Lots 1-4, Block 1 b. Lots 1-4, Block 2 C. Lots 5-12, Block 1 d. Lots 5-8, Block 2 e. Lots 1 and 2, Block 5 f. 35' landscape area and fence along the western boundary of Lots 5-12, Block 1 g. Construction of the ACHD Hammerheads at the end of Barrett Street and Penwood Street as shown on the final plat. h. Lot 3 Block 5 i. Lots 9-11 Block 2 j. Lots 1-6 Block 4 Phase III a. Lots 12 and 13 Block 2 b. Lots 1-3 Block 3 3.2 Incorporation Additional Areas: Declarant shall have the right, at its sole discretion, to designate additional lands to be made subject to the provisions hereof or to provisions substantially similar hereto by the due recording of a designation referring to this Declaration and by the setting forth therein in what respects, if any, the Restrictions covering the additional designated lands differ from these Restrictions. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d/realest/troutner.3 ARTICLE IV The Property Subject To This Declaration 4.1 The Property and each Lot and all or any part of the property shall be held and shall be conveyed, transferred, sold, hypothecated, encumbered, leased, rented and used subject to these Restrictions. Any documents executed in connection with any type transaction described herein or any similar transaction must include reference to this Declaration. Any such transaction shall hereinafter be referred to as a "transfer". 4.2 The acceptance by any person of a deed, lease or other instrument of transfer of property which is subject to these Restrictions (all property legally described on Exhibit A) or which is in the chain of title, including judicial foreclosures, trustees' sales and tax sales shall be deemed an acceptance of all of such Restrictions. The burden and obligation to perform in accordance with the Restrictions shall be part of the consideration for the transfer of any Lot pursuant to such Deed or other instrument of transfer and shall be deemed an agreement by such person that Declarant and each of the other Lot Owners shall be entitled to enforce all of such Restrictions. ARTICLE V Architectural Committee 5.1 Declarant hereby establishes an architectural committee ("Committee"), to perform the architectural approval duties specified in these Restrictions. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 d/realest/troutner.3 The original architectural committee shall be initially composed of the following individuals: 1. James H. Ballantyne 2. Arthur L. Troutner 3. David L. Nordling 4. Michael Ballantyne 5. Bart Ballantyne A retiring committee person may be replaced by a majority vote of the remaining committee persons. Any two of the above individuals shall constitute a quorum and the signature of approval of any two of these individuals shall constitute consent and approval by the architectural committee. The address of said architectural committee shall be: Troutner Business Park Architectural Committee c/o James H. Ballantyne 10250 Whispering Cliffs Dr. Boise, Idaho 83704 At such time as Grantor (or Grantors, successors or related parties) no longer owns any portion of the property described on Exhibit "A" and does not own any adjoining property then the owners of fifty-one (51%) percent of the lots in Troutner Business Park may designate a new architectural Committee, and the designation of the new committee and its address shall be recorded in Ada County referencing these CC&R's. Such a meeting may be called at any time by any lot owner on ten (10) days notice to the other lot owners. Such a meeting shall be held in the City of Meridian. Any member of the Committee (except Declarant and those named above) may be removed by a vote of owners in fee of fifty-one (51%) percent of the votes of lot owners in Troutner Business Park (one lot, one DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 d/realest/troutner.3 vote) who attend any meeting in which a quorum is present. A quorum shall constitute 100 of the owners. No Committee member shall be personally liable for any action or any inaction taken or not taken pursuant to these Covenants, Conditions and Restrictions in good faith. ARTICLE VI Plans; Approvals 6.1 Design Standards: All improvements and landscaping of any kind shall conform to those "Troutner Business Park Design Standards" (the Design Standards) attached hereto as Appendix 1 and which are incorporated herein as if set forth in full. 6.2 Approval by Architectural Control Committee: No structure, improvement or landscaping shall be constructed, nor alteration to the exterior of a structure or improvements of landscaping be made (hereinafter collectively referred to as the "Improvements" or the "Construction") unless preliminary and final architectural drawings, plans and specifications therefor, showing adequately for interpretative purposes each exterior element thereof, including without limitation by enumeration color scheme, design, elevations, location(s) on Lot, plans for grading and drainage, excavation, landscaping, signage, parking, loading, storage and refuse area, walls, lighting, irrigation, utilities and other items of site development work (hereinafter collectively referred to as the "Plans") both preliminary and final, shall first have been submitted to and approved in writing by the Committee. The Plans shall also detail to the satisfaction of the Committee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 d/realest/troutner.3 • • the traffic, noise and odors that can reasonably be anticipated from the Improvements to be constructed. 6.3 Basis of Approval: Approval shall be based among other things on adequacy of site dimensions; conformity and harmony of external design with neighboring structures and uses; effect of location and use of improvements on neighboring sites, operations, improvements and uses as well as compatibility with surrounding development and conformance with the adopted design standards. 6.4 Preliminary Plans Submittal: Prior to submission to governmental authorities, the Owner shall submit three sets of preliminary Plans, in such form as may reasonably be required by the Committee for approval. As quickly as possible but within thirty (30) days after receipt, the Committee shall either (i) approve the Plans or (ii) reject the Plans, stating the reason for the rejection and where appropriate, the changes, modifications and/or correction which the Committee demands, as a condition for approval. 6.5 Final Plans Submittal: Following approval of the preliminary Plans, the Owner shall cause final Plans to be prepared and shall submit them to the Committee for approval. The final Plans shall be defined as all documents required to be submitted to the relevant governmental authorities precedent to the issuance of a valid building permit. 6.6 Action in Thirty (30) Days: In the event the Committee fails to approve or disapprove the Plans within thirty (30) days DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 d/realest/troutner.3 after receipt thereof, such approval will not be required so long as the plans are in conformance with the Design Standards. 6.7 Disapproval: The Committee may disapprove any and all Plans submitted on any reasonable ground including but not limited to any of the following: (a) failure to comply with any of the provisions set forth in this Declaration including the "Design Standards"; (b) failure to include information in the Plans as may have been reasonably requested by the Committee; (c) incompatibility of exterior design or material with any existing structure or any structure proposed and previously approved by the Committee; (d) inadequacy of the number of on-site parking spaces or objection to the design and location of the parking area or spaces, loading docks, storage and refuse areas, walls, fencing, irrigation, lighting, utility placement, landscaping, signage, grading or color scheme; (f) objection to the color scheme, finish or portion, style of architecture, height, bulk, appropriateness of any proposed improvement in relation to other improvements existing or proposed and approved by the Committee; (g) objection to the landscaping plan as not conforming to other uses or approved plans; (h) any other matter which in the reasonable judgment of the Committee would render the proposed improvements or use discordant with the improvements on the Property, either then existing or planned and previously approved by the Committee. 6.8 Approval Good for Three Years: In the event Owner does not commence construction within three (3) years after approval of Plans, said approval shall terminate, in which event Owner shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 d/realest/troutner.3 required to resubmit the Plans to the Committee for approval prior to engaging in construction, as hereinbefore specified. After construction of any improvement has commenced, the work shall be diligently completed and in any event shall be completed within one (1) year of commencement of construction. Failure to comply with this section shall constitute a breach of these Declarations and subject the defaulting party or parties to all enforcement procedures set forth herein in addition to any remedies provided for in law. 6.9 Code Compliance: Responsibility for compliance with any and all applicable governmental rules, building codes, laws, ordinances, regulations and other codes shall be the responsibility of each individual Owner and no approval hereunder shall be construed to impose any liability on Declarant or the Committee in the event the Plans fail to so comply. Neither Declarant nor the Committee shall be responsible for structural or other inadequacy or defects of any kind or nature whatsoever in the Plans or in the structure or improvements erected in accordance therewith. ARTICLE VII Regulation of Uses 7.1 Allowed Uses: Except as limited herein, all Lots shall be used for any of the following: hotel; motel; restaurant; commercial; retail; service -commercial; financial; athletic facilities; office; industrial; research and development; warehouse; distribution or manufacturing purposes; "flex -space buildings; all with such auxiliary uses within the buildings on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 d/realest/troutner.3 each Lot as is necessary for the conduct of the primary business therein and for no other purpose unless approved by the Architectural Control Committee. Declarant may designate that certain portions of the Property shall be used for only certain of the above uses at its sole discretion. All uses shall be in conformity with Meridian City Zoning ordinances and building codes, and any other applicable local, state or federal standards. In the event that a zoning rule or ordinance is in conflict with a designated use, then the zoning rule or ordinance shall apply. 7.2 Special Use Limitations: 7.2.1 Limited Office Use: The following lots shall be used exclusively for limited office uses: (a) Block 1: Lots 2-9 and 11-12 inclusive. (b) Block 2: Lots 2-4 inclusive. 7.3 PROHIBITED USES: 7.3.1 Hazardous Materials: No toxic materials as regulated or defined by any city, state or federal laws, rules or regulations shall be disposed of on the property described herein. For purposes here "toxic materials" includes but is not limited to "hazardous substances", "hazardous materials" or "toxic substances" defined in any local, state or federal statutes or regulations including but limited to the Comprehensive Environmental Response Compensation on Liability Act, 1980, as amended 42 USC 961 et. sea. ; Hazardous Materials Transportation Act, 49 USC 1801 et. seq.; The Resource and Conservation Recovery Act, 42 USC 6901 et. seq.; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d/realest/troutner.3 • and related laws. No commercial storage of such materials shall be allowed at any time. Any owner may use such materials in the owner's business conducted on the premises so long as such use complies with all local, state and federal rules, laws and ordinances and so long as no other owners are adversely affected by such use. 7.3.2 Offensive Activity; Nuisance: No noxious or offensive trade, business or activity shall be carried on, about or upon any Lot nor shall anything be done thereupon which may be or become an annoyance or nuisance within the Property or which would adversely affect the property values of other lots including without limitation distillation of bones, dumping disposal, incineration, or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering, stockyard or slaughter of animals. 7.3.3 Petroleum: No lot shall be used for the refinery of petroleum or its products, or storage of petroleum. Provided, however, that fuel or manufacturing materials to be actually used on the premises may be stored on the premises (in such amounts as is the minimum necessary for the manufacturing process or use) so long as the storage facilities meet all local, state and federal statutes, rules and regulations concerning such storage and the owner assumes all liability relating to said storage. 7.3.4 Toxic Material: Under no circumstances shall disposal of any toxic materials be permitted on any portion of the property described in Exhibit A. No chemicals or noxious effluent shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — 15 d/realest/troutner.3 discharged into the sewage system in violation of any local, state or federal standards. 7.3.5 Minerals: No oil drilling, oil development, gravel operations, refining, mining operations or the like shall be permitted upon or in any of the Lots, nor shall oil wells, tanks, tunnels, mineral operations or shafts be permitted upon or in any Lots. ARTICLE VIII Maintenance and Repair; Drainage 8.1 General: Driveways, structure exteriors and other outdoor areas on each Lot shall be maintained in a neat and careful manner commensurate with high quality standards of care. After construction of any Improvements on any Lot, it is required that all areas not built upon, paved or otherwise improved, must be landscaped and kept weed free as provided in the Design Standards (Appendix 1 attached). 8.2 Twenty -Two (22) Foot Roadway Landscaping Strip: Each owner shall install and properly maintain a twenty-two (22) foot landscape buffer along all lot lines adjoining any roadway or street (except where the 35' landscape buffers are provided in Section 8.4 below). This landscaping shall be installed pursuant to the Design Standards attached hereto. This twenty-two (22) foot strip may include portions of ACHD right of way (so long as ACHD does not object). This twenty-two (22) foot landscaping buffer area along all roads and streets is to maintain a consistent and aesthetically pleasing appearance to the entire development. In DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d/realest/troutner.3 • the event that this buffer area is not properly landscaped according to the Design Standards or properly maintained, the Declarant and/or the Committee (in addition to any other rights created herein) shall have the right, but not the obligation, to properly landscape or maintain this buffer area at the sole expense of the owner and the cost thereof shall be paid by the owner and treated as an "assessment" to that owner as provided herein. 8.3 Landscaping Percentage: Each owner shall install and maintain landscaping on a minimum of ten percent (10%) of the total square footage of the lot. (For example, if a lot is 100,000 square feet, there shall never be less than 10,000 square feet of landscaping.] More landscaping is encouraged but under no circumstances shall it become less than 10% of the square footage of the entire lot. 8.4 Special Thirty -Five (35) Foot Landscape Buffer: The following lots are affected by this section: (a) Lot 1 Block 1 and Lot 1 Block 2 (along Franklin Road). (b) The West 35 feet (adjacent to residential subdivision) of Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 1. In this thirty-five (35) foot landscape buffer area described in (b) above each owner shall install and maintain (pursuant to the Design Standards) a thirty-five (35) foot wide landscape buffer area which shall include a berm at least three (3) feet in height. (Where applicable, this 35' landscape area shall include the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d/realest/troutner.3 0 • Hammerheads attached to Barrett Street and Penwood Street as shown on the plat.) As provided in 8.5 this landscape buffer shall be maintained by the Association. 8.5 Maintenance of All Landscaping by Troutner Business Park Association: As set out herein all lot owners in this subdivision shall be members of the lot owners association named "Troutner Business Park Association" which may be referred to herein simply as the "Association". All Common Area lots of this subdivision and all landscaping in this subdivision (including privately installed landscaping) shall be managed by and maintained by the Association. The Association shall have an easement on all landscaping areas of this Subdivision for the purposes of maintaining landscaping. All Common Area lots landscaping shall be installed by the Developer (presently Declarant) but maintained by the Association. All individual lot landscaping and adequate underground sprinkler systems shall be installed by the lot owner after the site improvements are constructed. After the individual lot owner constructs the landscaping and sprinkler system on that lot the maintenance of the landscaping shall be done by the Association. 8.5.1 Allocation of Landscape Maintenance Costs: The costs of maintenance of the landscaping shall be allocated amongst the lot owners by two methods: a. Common Areas and Common Area maintenance costs shall be paid by all lot owners in the subdivision shared pro - rata based on the square footage of each lot divided by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 d/realest/troutner.3 the square footage of the entire land area in the subdivision. [For example, if a lot contained 34,000 square feet and the entire subdivision contained 1,133,333 square feet (excluding roads and Common Area lots), then that owner would pay three percent (3%) of the total cost of the maintenance of the Common Areas and common area landscape areas (34,000 - 1,133,333 = 3%).] b. Individual lot landscaping maintenance costs shall be paid by all lot owners who have installed landscaping on their lots. These costs shall be shared pro -rata based on the square footage of each lot landscaped divided by the square footage of all lots which have been landscaped. [For example, if one landscaped lot is 34,000 total square feet and there are nine individual lots with landscaping maintained by the Association, and these all total 485,714 square feet, then the lot owner with the 34,000 total square footage would pay seven percent (7%) of the costs associated with the maintenance of those individual lots landscaping. C. All water costs for landscaping paid by the Association shall be fairly allocated and shall be paid for under the same formula set out in a. and b. above. Any Nampa -Meridian Irrigation water assessments assessed directly to each lot owner shall be paid for by each lot owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 d/realest/troutner.3 8.6 Exterior: The exterior of all structures shall be maintained in good, neat condition and repair, including regular maintenance, painting, window washing and replacement. 8.7 Other Buildings: No trailer, mobile home, shed or other out building may be erected or located on any Lot except in the course of a diligently pursued construction project and then only for the reasonable period of construction. All construction shall be performed in a manner designed not to interfere with the use of other Lots by their Owners and as provided in the Design Standards. 8.8 Auxiliary: Auxiliary structures, antennas, aerials, cables or other mechanisms related to communications, roof surfaces, all electrical and mechanical apparatus, equipment, fixtures, conduit, ducts, vents, flues and pipes mounted or placed upon the roof surface, or extending above the roof line of any building or structure, shall be concealed from view from the streets and from buildings on other Lots in an architecturally treated manner as set out in the Design Standards or approved by the Committee, unless the Committee has granted specific written approval of other measures which would minimize the visual effects as viewed from the streets and other buildings on other Lots. 8.9 Utilities: All on-site electrical, telephone and other utility lines shall be underground, and shall not be exposed on the exterior of any structure unless approved in writing by the Committee. 8.10 Drainage: Each lot owner shall restrict peak storm drainage into surrounding canals or ditches except as permitted by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 d/realest/troutner.3 any affected Irrigation District, and provide cleaning and filtering of any water which does drain into surrounding canals or ditches. Any drainage into canals and ditches, detention system, drainage system and sand and oil cleaning system shall f irst be approved in writing by the Nampa/Meridian Irrigation District prior to any installation or construction of the system and such approval shall be obtained prior to commencement of construction of the owners project. The maintenance of these systems on the owners lot shall be the responsibility of the owner. In the event that the owner fails or neglects to construct the necessary systems or fails or neglects to properly maintain said systems then Declarant and/or the Committee or the Association shall have the right (but not the obligation) to cause said construction or maintenance to be done and said lot owner shall reimburse all such costs and these costs shall be treated as an "assessment" as provided herein. Declarant shall have the right to maintain certain "common" drainage systems and to treat those maintenance costs as common area maintenance costs. 8.11 Garbage: No garbage, rubbish or cuttings shall be deposited or suffered to be on any Lot unless placed in approved containers, suitably located and screened on any Lot, so as to avoid detracting from the physical appearance of such Lot and the neighboring Lots. No building material of any kind or character or landscaping material shall be placed or stored upon any Lot until the Owner is ready to commence construction thereon. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 d/realest/troutner.3 8.12 Weeds: Noxious grass, weeds, vegetation, leaves, fallen or dead trees, shrubs, vines or ground covers which are unsightly or likely to constitute a fire or safety hazard shall be promptly removed from each Lot by the Owner thereof. Each lot owner whose lot adjoins any canal or drain ditch on the property shall also remove these items existing along the canal bank. 8.13 Fences: 8.13.1 Eight Mile Lateral: All lots adjoining Eight Mile Lateral shall have a fence (which is in compliance with Nampa - Meridian Irrigation District Rules and Regulations), approved by the Architectural Committee, restricting access to Eight Mile Lateral. Said fence shall be installed and maintained by the lot owner. 8.13.2 Perimeter Fence: As each phase of this subdivision is developed Grantor (or Grantor's successor) shall install a fence along the outside perimeter of Troutner Business Park which encompasses that respective phase of the development. Once installed the perimeter fence shall be maintained by the Association and the costs of such maintenance shall be shared pro - rata among all lots in this subdivision based on square footage (under the same formula for common landscape costs set out in Paragraph 8.5.1(a)). 8.13.3 Other Fences: Other property line fences are not required. If installed by an owner, they must be first approved by the Architectural Committee and shall be maintained by the owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d/realest/troutner.3 ARTICLE IX Parking, Loading, Storage; Setbacks 9.1 Parking: For each building constructed, there shall be provided parking areas on the Lot, laid out and constructed in accordance with plans approved as specified herein, and maintained thereafter in good condition. Such parking areas shall be constructed of all weather, dust -free surface. For any Improvement constructed on a Lot sufficient parking areas must be located on the Lot so as to accommodate the foreseeable parking requirements of the Improvement's users. No off-site parking shall be permitted. The number of parking spaces shall be at least the number required by the City of Meridian parking ordinances. 9.2 Loading• (a) All loading and unloading of vehicles shall be conducted upon the Lot. Sufficient loading and unloading places shall be provided on each Lot to serve all buildings thereupon. Buildings and structures shall be so designed and placed upon the Lot and loading facilities shall be so constructed that motor vehicles of the maximum length permitted by the State may be loaded or unloaded at any loading dock or door, or loading area with out extending beyond the property line. (b) Loading docks shall be set back, landscaped and screened to minimize their exposure from the street, but in any event shall require, along with all other plans, the written approval of the Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 23 d/realest/troutner.3 9.3 Storage: (a) No materials, supplies or equipment, including company owned or operated trucks and motor vehicles shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier approved by the Committee, screening such areas from the street and from view of adjoining properties, which barrier shall be at least six (6) feet in height. (b) Storage areas shall be located on the rear portion of the Lots, unless other locations are specifically approved by the Committee and shall be screened from view. 9.4 Setbacks: All setbacks shall conform to the setback requirements of the Meridian City Ordinances. ARTICLE X Common Areas and Maintenance Charges 10.1 Common Area Lots: Lot 1 Block 1; Lot 1 Block 2; Lot 10 Block 1 are designated as Common Area lots and are to be owned by the Association. Lot 1 Block 1 and Lot 1 Block 2 along Franklin Road are landscaped areas and shall contain the subdivision identification signs. Lot 10 Block 1 is a 30' wide lot connecting Penwood Street to S.W. Fifth Street and shall be subject to an easement to the City of Meridian as the City may require and may also be used for pedestrian and bicycle traffic as such may be permitted or required by the City of Meridian and ACRD. All costs associated with these three Common Area lots (except initial installation) shall be paid pro -rata by all lot owners in the subdivision under the formula described for Common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 24 d/realest/troutner.3 landscaping in Paragraph 8.5.1(a) [i.e., a lot owner whose lot is three percent (3%) of the entire subdivision will pay three percent (3%) of all costs associated with these Common Area lots]. 10.2 Landscaping: The "Common Landscape Areas" to be commonly maintained are set out in Paragraph 8 above. Notwithstanding that these landscape areas are to be commonly maintained by the Association, the use of these Association maintained landscape areas on individual lots shall be exclusively with the individual lot owner. The Association shall have an easement on all lots for the maintenance of landscaping described in this Declaration. ARTICLE XI Signs 11.1 Approval: All signs must be consistent with the Design Standards and approved by the Architectural Committee. Unless approved otherwise, all lots shall have one permanent identification sign at or near the main entrance to the parcel limited to five (5) feet in height. All signs should be back lit. Signs should be generally consistent in style and type as exist in the park at the time of installation. 11.2 Ordinances: All signs must comply with Meridian City Ordinances. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 25 d/realest/troutner.3 • 9 ARTICLE XII Troutner Business Park Association, Inc. 12.1 Organization of Troutner Business Park Association Inc : Troutner Business Park Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 12.2 Membership: Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 12.3 Voting: Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d/realest/troutner.3 interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 12.3.1 Class A Members: Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Members) on the day of the vote. one lot, one vote. 12.3.2 Class B Members: The Grantor shall be known as the Class B Member, and shall be entitled to three ( 3 ) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs earlier: (a) when eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or (b) on December 31, 2001. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 27 d/realest/troutner.3 may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 12.4 Board of Directors and Officers: The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 12.5 Power and Duties of the Association: 12.5.1 Powers: The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 28 d/realest/troutner.3 • • Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Association's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 12.5.1.1 Assessments: The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 12.5.1.2 Right of Enforcement: The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws. 12.5.1.3 Emergency Powers: The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 29 d/realest/troutner.3 constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 12.5.1.4 Licenses, Easements and Rights -of -Way: The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area or any additional easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 12.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 30 d/realest/troutner.3 0 • electronic signals -for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 12.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities. 12.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi -public purpose. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 12.5.2 Duties: In addition to duties necessary and proper to carry out the power delegated to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 31 d/realest/troutner.3 • Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority to perform, without limitation, each of the following duties: 12.5.2.1 Operation and Maintenance of Common Area: Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area as described in this Declaration. 12.5.2.2 Maintenance of Berms, Retaining Walls, Fences, Common Landscape and Irrigation Systems: Maintain any and all berms, fences and common landscape and irrigation systems and Common Area lots. 12.5.2.3 Taxes and Assessments: Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 32 d/realest/troutner.3 sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 12.5.2.4 Water and Other Utilities: Acquire, provide and/or pay for water, operations costs, landscaping replacements, maintenance and other necessary services as set out in this Declaration. 12.5.2.5 Insurance: Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 12.5.2.5.1 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 33 d/realest/troutner.3 incident to the ownership and/or use of the Common Area. 12.5.2.5.2 Full coverage directors' and officers' liability insurance. 12.5.2.5.3 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 12.5.2.5.4 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 12.5.2.5.5 Insurance premiums for the above insurance coverage shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 34 d/realest/troutner.3 0 • deemed a common expense to be included in the Regular Assessments levied by the Association. 12.5.2.6 Enforcement of Restrictions and Rules: Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 12.6 Personal Liability: No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, the Grantor, or any committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 35 d/realest/troutner.3 0 0 12.7 Budgets and Financial Statements: Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 12.7.1 Operating Statement. A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 12.7.2 Balance Sheet: Within thirty (30) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 12.8 Meetings of Association: Each year the Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 36 d/realest/troutner.3 Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE XIII: ASSESSMENTS 13.1 Covenant to Pay Assessments: By acceptance of a deed to any property in Troutner Business Park each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 37 d/realest/troutner.3 0 • 13.1.1 Assessment Constitutes Lien: Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 13.1.2 Assessment is Personal Obligation: Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 13.2 Regular Assessments: All Owners, including Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 13.2.1 Purpose of Regular Assessments: The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal, attorneys fees, accounting fees, management fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 38 d/realest/troutner.3 operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association, and an amount allocated to an adequate reserve fund to be established by the Board and to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 13.2.2 Computation of Regular Assessments: The Association shall compute the amount of its Expenses on an annual calendar basis. The Board shall compute the amount of Regular Assessments owed beginning the date the first lot transfer is recorded. Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each calendar year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next calendar year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 13.2.3 Amounts Paid by Owners: The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 39 d/realest/troutner.3 The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed by dividing the Lot Owner's total square footage by the total square footage in Troutner Business Park (excluding roads and Common Area lots). Each owner shall pay its pro -rata share of regular assessments. 13.2.4 Landscape Assessments: The landscape assessments set out in Paragraph 8.5.1 (a) and (b) shall be assessed as a regular assessment but computed as set out in 8.5.1 (a) and (b). 13.3 Special Assessments: 13.3.1 One Hundred Dollar ($100.00) Special Transfer Assessment. Upon each transfer of a Building Lot to a new Owner the Buyer of that lot shall pay a special assessment of $100.00 to the Association which shall go into the Association's general funds for purposes set out in these Declarations and to defray the costs of record changes. 13.3.2 Purpose and Procedure: In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 40 d/realest/troutner.3 Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty-five percent (25%) of the budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association at the meeting called for that purpose. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 13.3.3 Consistent Basis of Assessment: Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 13.4 Limited Assessments: Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Troutner Business Park DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 41 d/realest/troutner.3 together with the 10% management fee and interest as provided below. 13.5 Uniform Rate of Assessment: Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per square foot for all Members of the Association. 13.6 Assessment Period: Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro -rated according to the number of months remaining in the fiscal year. Assessments shall be payable in installments monthly, quarterly or semi-annually as set by the Board. 13.7 Notice and Assessment Due Date: Written notice of all assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, late fees, costs and attorneys' fees, and no Owner may exempt such Owner from such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 42 d/realest/troutner.3 liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 13.8 Late_ Fees; Interest on Past Due Assessments: Assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of $25.00. In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1-1/2%) per month from the date the assessment was due until the date of payment. 13.9 Estoppel Certificate: The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE XIV Enforcement of Covenants and Assessments; Liens 14.1 Right to Enforce; Attorneys Fees: The Association has the right to enforce these covenants and to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to comply with the terms, covenants, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 43 d/realest/troutner.3 conditions and restrictions contained herein and to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: a) direct corrective action against the Owner or the offending violation; b) litigation at law or in equity; c) foreclosure of the liens created herein; d) expenditure of funds to remedy any violations; and/or e) any other lawful action. 14.1.1 Corrective Action: In the event an Owner fails to comply with any provisions of these Declarations, the Board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action. Such shall be a Limited Assessment against that Lot and that Lot Owner DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 44 d/realest/troutner.3 • and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. The Owner of the offending property shall also be personally liable and such Owner's property may be subject to a lien for all costs, management fees, late fees, interest and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due including but not limited to attorney fees, recording fees and costs. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out in Paragraph 8.8. 14.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in these Declarations. 14.2 Assessment Liens: 14.2.1 Creation: There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 45 d/realest/troutner.3 such Building Lot pursuant to this Declaration together with interest and all costs as provided in these Declarations. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 14.2.2 Claim of Lien: Upon default of any Owner in the payment of any Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 46 d/realest/troutner.3 delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 14.3 Method of Foreclosure: Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 14.4 Required Notice: Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 47 d/realest/troutner.3 0 • and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 14.5 Subordination to Certain Trust Deeds: The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 14.6 Rights of Mortgagees: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 48 d/realest/troutner.3 • ARTICLE XV Easements 15.1 Easements of Access: Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Area, resulting from the normal use of adjoining Building Lots or Common Area, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used, by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 15.2 Drainage and Utility Easements: Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance Of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 49 d/realest/troutner.3 • 0 the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 15.2.1 Improvement of Drainage and Utility Easement Areas: The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Troutner Business Park Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in this Article X, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Board, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 50 d/realest/troutner.3 ARTICLE XVI Miscellaneous 16.1 Term: The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Declaration shall run until December 31, 2025, unless amended as herein provided. After December 31, 2025, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 16.2 Amendment• 16.2.1 By Grantor: Except as provided in paragraph 16.2.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 51 d/realest/troutner.3 a written instrument setting forth such amendment or termination. 16.2.2 By Owners: Except where a greater percentage is required by express provision in this Declaration, any amendment to the provisions of this Declaration, other than this Article, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by a) the vote at a meeting called for that purpose; or b) the written consent of Owners representing more than sixty-seven percent (67%) of the combined total Class A and Class B votes in the Association. Such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XI shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 16.2.3 Effect of Amendment: Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 52 d/realest/troutner.3 unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 16.2.4 Amendment for Annexation of Other Land to These CC&R's: These CC&R's may be amended to provide that other land, common areas or other subdivisions may be annexed into and governed by these CC&R's. Such annexation shall be by a) a vote or b) the written consent of owners representing fifty-one percent (51%) of the combined total Class A and Class B votes in the Association. 16.3 Mortgage Protection: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 16.4 Notices: Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 53 d/realest/troutner.3 notice, or to the residential address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 16.5 Enforcement and Non -Waiver: 16.5.1 Right of Enforcement: The Declarant, the Board, the Association or any Owner 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 provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Troutner Business Park Association to enforce any of these CC&R's. Neither Declarant, Board nor Troutner Business Park Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 16.6 Successors and Assigns: All references herein to Grantor, owners, the Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. In the event Declarant sells, transfers or assigns its interest in this project, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 54 d/realest/troutner.3 then Declarant shall have no liability or responsibilities of any kind which accrue after Declarant sells, assigns or transfers Declarant's interest in the project. ARTICLE XVII Construction and Invalidity 17.1 In the event any of the Restrictions shall be held to be invalid or void by any court of competent jurisdiction, such invalidity or such void Restrictions shall in no way affect any other condition, covenant, restriction, agreement, charge, lien or other matter herein contained. ARTICLE XVIII Assignability of Declarant's Rights and Duties 18.1 Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of Declarant pertaining hereto. Once assigned or transferred Declarant shall have no liability of any kind which accrues after the date of assignment or transfer. ARTICLE XIX Waiver of Partition 19.1 There shall be no judicial partition of the property subject to this Declaration of Covenants, Conditions and Restrictions except as may be otherwise provided under appropriate Idaho statutes. Each Owner and the successors of each owner, for the benefit of their respective Lots and for the benefit of all other Owners specifically waive and abandon all rights for a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 55 d/realest/troutner.3 0 • judicial partition of any tenancy in common ownership of any Lot and do further promise and covenant that no action for such judicial partition shall be initiated, prosecuted or reduced to judgment. Declarant may subdivide any of Declarant property pursuant to governmental approvals as necessary. No other lot owner, however, may subdivide a lot without the express written approval of the Declarant and approval of all affected governmental agencies. IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the day of STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) . 1996. Troutner Business Park Development Corporation by Title: On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Troutner Business Park Development Corporation, the corporation that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 56 d/realest/troutner.3 A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH UNE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 1331" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKUN ROAD RIGHT-OF-WAY. TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING 50 FEET IN WIDTH AND LYING NORTH OF THE FOLLOWING DESCRIBED PROPERTY; A PORTION OF THE NORTHEAST QUARTER OF THE SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 0 DEGREE 22'35" EAST 1107.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 13 TO THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55'45" WEST 533.12 FEET. END OF LEGAL DESCRIPTION 0 0 Appendix 1 TROUTNER BUSINESS PARK DESIGN STANDARDS 1. STATEMENT OF INTENT 1.1 It is our intent to build, with the help of our buyers, owners, builders and tenants, one of the most respected and desirable business parks in the State of Idaho. this goal can only be accomplished through the application of design standards and the cooperation of all those performing under them. The proper landscape design, building elevations and attention to detail will assure the creation of a pleasant working environment which will lead to business success and property value enhancement for all. 1.2 The design standards described here are intended to apply to office and industrial developments within Troutner Business Park and reference is made to the Declaration of Covenants, Conditions and Restrictions for Troutner Business Park for specific requirements regarding, inter alfa, plan submittal time frames; percentage of landscaping; set backs; landscape strips and buffers; fences; screening of loading docks and storage areas. 1.3 For parcels developed for retail or other commercial uses, the Architectural Committee may permit modifications to these design standards under its review process. The modified standards will apply generally to commercial uses within Troutner Business Park. 1.4 The Architectural Committee may allow variance from these Standards for parcels of irregular shape and parcels over five acres in size. This variance form the Standards will only apply in their specific cases and parcels, and in no way set a precedent for other variances. 1.5 Troutner Business Park should not be a level field full of huge concrete boxes. It should be like a well maintained city park or campus setting with beautifully designed structures set tastefully in a heavily landscaped background, within the landscaped buffer area set out below. The lighting, signage and landscaping should be uniform, lush and well maintained. TROUTNER BUSINESS PARK DESIGN STANDARDS - 1 d/realest/troutner.2st 1.6 We encourage innovative design but discourage the flamboyant. What is built in Troutner Business Park will outlast its creators. Therefore, it must age well both in material and design. 1.7 The design and construction of each building will have an impact on its neighbors as well as the access highways and therefore the entire park. It is critical that the street scape have flow and continuity as well as being consistently maintained. Since the building structure will be the largest element of the street scape, there must be flow from structure to structure. This mandates that each new design take into account the affected neighbors' buildings and landscaping. Attention to the impact on neighboring parcels will minimize future misunderstandings. 1.8 The exteriors of the structures in both form and color should be complimentary to the setting. Bright colors should be used only to highlight and accent. Windows and other openings should be incorporated into the design and not added later as needed. The designers are strongly encouraged to develop a central entry for each structure that can be seen from the street and that would create a sense of arrival for customers and business associates. 1.9 Troutner Business Park encourage owners to experiment with design features in their landscaping. Details such as brick or cement pavers, plazas, walking paths, artwork, fountains, stone dividers, etc., are strongly encouraged. All of these features add to the uniqueness of the landscape design and create a better working and visiting environment and enhance the land value of all owners in the Park. 1.10 Landscape design can be as varied as building design. The good impression created by a unique building design can be spoiled by a poor landscape design and vice versa. We highly recommend the hiring of a landscape architect with experience in both the environment of the valley and the concept of the Park. 1.11 Visual richness is strongly encouraged through the use of special plantings, flowering trees, and a variety of furniture elements such as bollards, benches, pots and trash receptacles. Special urban landscape details, such as tree grates, tree guards, sculpture, banners and water features can also be used to add to this visual richness. TROUTNER BUSINESS PARK DESIGN STANDARDS - 2 d/realest/troutner.2st 0 • 1.12 In the event that any of these general Design Standards conflict with any provision of the Declaration of Covenants, conditions and Restrictions for Troutner Business Park then the provisions of the Declaration shall control. To effectuate this intent the basic Design Standards are as follows: 2. SITE DEVELOPMENT STANDARDS 2.1 Heights All buildings should be limited to a maximum height of 45 feet to the top of parapets, stair enclosures or mechanical penthouses or screens. The maximum height is measured from the mean ground elevation to the highest point on roof parapet or mean height on sloping roof. 2.2 Setbacks All building setbacks shall conform to Meridian City Ordinances and shall provide sufficient space between buildings to provide adequate light and privacy for building occupants as well as to provide room for parking, landscaping and to minimize interference between parcel owners. 2.3 Hardscape and Barriers Walks and paths must be a minimum of five feet wide, constructed of an all-weather surface, and designed into the flow of the landscape onsite and offsite. An area convenient to the building should be provided for the storage of bicycles. Plazas should be located near spaces between buildings and/or near building entrances. No fence or wall of any kind shall be constructed unless specifically approved by the Architectural Committee after review of complete plans. Structures such as water towers, storage tanks, processing equipment, cooling towers, communication towers, ventilators and any other structures or equipment should be architecturally compatible or effectively shielded form view from any street and should be TROUTNER BUSINESS PARK DESIGN STANDARDS - 3 d/realest/troutner.2st approved, in writing, by the Architectural Committee before construction or placement. Screening and buffers should be of a height at least equal to that of the materials or equipment being stored behind them. Hardscape walls and retaining walls should not exceed 4 feet unless they are an integral part of a building structure or are screened/softened by plantings. Materials and color must also be compatible with the primary building structures and within the overall design of Troutner Business Park. 2.4 Parking and Service Access 2.4.1 Parking The number of parking spaces required, the widths of drive lanes, the dimensions of stalls, the ratio between parking surface and landscaping shall be consistent with the City of Meridian standards. Parking should not be permitted in any space other than those paved and designated as parking areas. Parking will not be permitted on any street or in parking setback areas. Visitor drop-off zones and visitor parking should be provided near visitor entrances. Employee parking should be separated from visitor parking and front entrance traffic. Minimize single row parking, maximize parking in blocks or multiple rows. Where layout exceeds two rows in depth, align rows in direction of pedestrian movement whenever possible. Curbs should be provided at the perimeter of all planted areas within parking lots to prevent wheel damage to landscaping. Concrete is preferred. Curbs should be continuous, using curves at turns rather than sharp edges. Access driveways should be provided and maintained between each parking area and the street. If at all possible, main entry drives should direct visitors to the building entry first, then to the parking areas. TROUTNER BUSINESS PARK DESIGN STANDARDS - 4 d/realest/troutner.2st a 9 The maximum elevation of on-site not exceed the highest top of immediately adjacent street curb. • surface parking should curb elevation of the Parking spaces should be designated as spaces for the handicapped and located near building entrances in conformance with the current federal, state and local codes in effect at the time of construction for each parcel. 2.4.2 Service Access Entrances for access to service areas of the building shall be compatible with the site layout and lot size. All loading and unloading of vehicles should be conducted on site away form the view of the street or neighboring parcels. Loading and service area parking should be planned so that they do not interfere with visitor and employee parking. Loading docks should be so positioned that delivery vehicles will not have to back onto or off of streets or neighboring parcels or common area. trash containers should be concealed within the walls of the building structure or properly screened from view. 2.5 Utility Services All utility lines shall be underground. No pipe. conduit, cable, including lines for water, gas, sewage, storm drain, electricity or any other energy or service shall be installed or maintained upon any lot above the surface of the ground. Movable pipes used for irrigation or other purposes during construction are excepted. No utility lines may be exposed on the face of any building. Transformers may be surface mounted as long as they are properly screened. Group transformers and grouped utility meters are encouraged wherever possible. 2.6 Landscape Improvements 2.6.1 A landscape and irrigation plan covering the overall site must be submitted to the Architectural Committee. TROUTNER BUSINESS PARK DESIGN STANDARDS - 5 d/realest/troutner.2st 2.6.2 Landscaping should be completed within sixty (60) days of completion of the building and parking areas. 2.6.3 Plants shall be approved by the Architectural Committee. 2.6.4 Areas of the parcel held for future expansion shall be landscaped, irrigated and maintained. 2.6.5 A landscape buffer, with a minimum of twenty-two (22) feet in width, shall be required along all lot lines abutting streets or roadways. Side yards shall have landscaped planters of not less than five feet in width. 2.6.6 All irrigation systems shall be of commercial quality, fully automatic and below ground. Control devices shall be screened from view. 2.6.7 All areas purchased by each lot owner but held for future expansion shall be landscaped and kept free of debris and weeds during the period of time it is vacant. 2.6.8 A five (5) foot landscape strip between the sidewalk and curb shall be planted with lawn and deciduous shade trees. Refer to Troutner Business Park Landscape Section (attached hereto as Appendix 1A). Shade trees shall be spaced as per Troutner Business Park Landscape Plan (attached hereto as Appendix 2A). Shade trees shall be selected and sized as per Troutner Business Park Landscape Guideline (attached hereto as Appendix 3A). 2.6.9 The remaining twelve (12) feet of required landscape buffer beyond the sidewalk shall be informally planted using a combination of deciduous and evergreen trees, flowering trees, shrubs, groundcovers and lawn. Within this planting zone flowering trees shall be planted and spaced as per Troutner Business Park Landscape Plan (Appendix 2A). Adjust spacing to respect 40 foot vision triangle at street intersections as required by Ada County Highway District. Flowering trees shall be selected and sized as per Troutner Business Park Landscape Guideline (Appendix 3A). 2.6.10 Unless otherwise approved, all turf areas shall be sodded using locally grown and acclimated sod. For color and texture continuity drought tolerant dwarf TROUTNER BUSINESS PARK DESIGN STANDARDS - 6 d/realest/troutner.2st fescue varieties (i.e., Bonsai and Mirage) should be encouraged and Bluegrass/Rye varieties discouraged. 2.6.11 A twenty (20) foot landscape strip comprised solely of sod shall be planted and maintained along the south side of the Eight Mile Lateral on Lot 5 of Block 1, Lots 5 and 11 of Block 2 and Lots 5, 6 and 7 of Block 3. 2.7 Drainaae Storm water systems onsite must be designed to return water to the ground and only the excess allowed to flow to the provided drain. To accomplish this, a system of dripline trenches or landscaping around the buildings, infiltration trenches around parking areas and pedestrian paths and an unobtrusive overflow basin must be provided. How the storm drainage will be handled must be shown on the Grading and Site plan for the Architectural Committee review and approval. 3. ARCHITECTURAL STANDARDS 3.1 Architectural Features of Exterior Walls and Openings The Architectural Committee of Troutner Business Park encourages innovative design within the limits of reasonableness. The building design must be compatible with the surrounding area and existing structures within the Park. The following are the minimum requirements for exterior design: 3.1.1 All sides of a building should receive appropriate design consideration and cinder block shall be discouraged. Frame, stone and brick are encouraged. All colors shall be subdued and compatible with surrounding areas. 3.2 Roofline and Rooftop Equipment Roofs should be an integral part of the building design. No highly reflective vertical or sloped roofs will be allowed. Built up roofs must be hidden with parapet or mansard. Shingles or shakes made of wood are discouraged for both fire and maintenance reasons. Large exposures of sloping roofs will be discouraged. The designer is TROUTNER BUSINESS PARK DESIGN STANDARDS - 7 d/realest/troutner.2st requested to break up roof elements, thus creating a more aesthetically pleasing ridgeline. All mechanical rooms or mechanical equipment on rooftops shall be screened from a horizontal line of sight in all directions. Screening must be a part of the building design, not just "chicken coops" placed as an afterthought. Air handling equipment on parapet roofs must be below parapet or kept back 20 feet from the roof edge and adequately screened. In no event will this equipment be allowed to be seen from neighboring parcels or streets. 3.3 Entry Plazas Entry plazas should be visible through the main entrance driveway wherever possible. Entry plazas should be eye- catching and give the visitor a feeling of arrival. 3.4 Service Areas and Structures 3.4.1 Exterior storage of waste materials is not permitted except in covered containers and must be in an area enclosed by a wall of sufficient height to visually screen any refuse from pedestrian or vehicular views. Exterior display of products is permitted in areas designed specifically for such display and so long as it is reviewed and approved by the Architectural Committee. 3.4.2 Exterior service areas shall be screened by landscaping and by masonry or concrete walls or architectural fencing designed to be in character with the building design. 3.4.3 No articles, goods, materials, machinery, equipment, plants, animals or similar items should be stored or kept in the open or exposed to public view within the area between building setback line and property line along a street. 3.4.4 No outside storage or operations of any kind shall be permitted on any lot, unless such activity is visually screened form all streets in a manner approved by the Architectural Committee. No outside storage shall extend above the top of such screening. TROUTNER BUSINESS PARK DESIGN STANDARDS - 8 d/realest/troutner.2st 3.4.5 No storage shed, mini -storage or peripheral buildings other than the main building on each lot shall be permitted except during construction. 3.4.6 All ground -mounted mechanical equipment, including transformers, will be screened from view by landscaping, masonry fence or other structure in keeping with the overall building design. 3.4.7 Each business must be supplied with a trash container of appropriate size to hold all refuse generated by said business during the period between trash collection days. Trash container storage areas must be designed into the building in such a way as to be hidden from the street or neighboring parcels. 3.5 Telecommunication Equipment No antenna shall be visible from streets or neighborhood parcels. Microwave dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys or on the ground behind buildings but in no case may they be visible from the streets or highways. 3.6 Lighting and Signage 3.6.1 Lighting The parcel owner and architect are requested to create a functional, pleasing and coordinated relationship of lighting, signs and plant material for aesthetics, security and safety. Lights shall not be placed to cause glare or excessive light spillage on neighboring sites or to the streets. All parking lot and driveway lighting should provide relatively uniform illumination. Accent illumination is recommended at key points such as entrances, exists, loading zones and drives. Concealed light sources are recommended. 3.6.2 Signage Each parcel is required to have a permanent sign located at or near the main entrance to the parcel. TROUTNER BUSINESS PARK DESIGN STANDARDS - 9 d/realest/troutner.2st Each parcel may have one wall -mounted sign consisting of individual letters of a size and design to be approved by the Architectural Committee. It may be internally lit, halo lit or back lit. Retail signs must be canopy -mounted individual letters. No other signs that are visible from the streets are permitted within the Park common area. Temporary construction signs are allowed if they are no greater than 3' high by 4' long, are put up at the commencement of construction and removed upon completion. Parcels used for commercial or retail tenants are allowed more flexibility in their signage program. The size, design and materials of retail signs shall be consistent with the design of the retail buildings, in conformance with the City of Meridian standards and approved by the Architectural Committee. 4. CONSTRUCTION PROCEDURES 4.1 Plan Approval All plans for new construction and remodels to all buildings and site improvements shall be submitted to the Architectural Committee and receive plan approvals as specified in the Declaration of Covenants, Conditions and Restrictions. No work shall be commenced unless all of the approvals have been obtained. 4.2 Excavation All excavation shall be confined to the parcel or parcels owned by the applicant. No materials shall be stored on surrounding parcels. Troutner Business Park shall have the right to authorize the movement of dirt and plant materials form one parcel to another and in no event shall this occur without the approval of the Architectural Committee. No excavation shall be performed within 100 feet of the irrigation canal unless approved in writing by the Architectural Control Committee and the affected irrigation district. If excavation is to occur within ten feet of the property line between parcels, shoring must be used in order to minimize potential damage to neighboring parcels. TROUTNER BUSINESS PARK DESIGN STANDARDS - 10 d/realest/troutner.2st All excavation shall be done in conformance with city, state and federal regulations for health and safety. 4.3 Environmental Control At all times during construction, the applicant shall maintain dust control, litter control, noxious odor control and sound control. It is recommended that the smallest amount of ground be disturbed at any one time and that exposed soil be sprinklered for dust control and drained properly to avoid erosion during winter and spring construction. Should it be necessary, due to the influence of housing close to Troutner Business Park, the Architectural Committee may restrict construction noise to six days a week --Monday through Saturday --between the hours of 7:30 a.m. and 6:00 p.m. In no event shall any site be left without winterization if the ground has been stripped of vegetation. All lots left vacant for three months or more shall be kept tilled or mowed to keep grass down, and kept free of trash and other unsightly materials. 4.4 Storage of Building Materials All building materials delivered but not installed shall be stored on site behind the "right of way" berms, out of sight of the street and, however possible, out of view from neighboring parcels. All such material shall be stored in such a way as to not be affected by rain or wind or vandalism. Troutner Business Park will not be responsible for any materials stolen from the site or damaged on the site. 4.5 Construction Vehicles All construction vehicles, including tradesmen's vehicles and personal cars, as well as delivery trucks, etc., shall be parked on site in such a way as to not interfere with the neighboring parcels or be unsightly from the street. In no event shall construction vehicles be parked on the street. Should the applicant require more parking space, he should make arrangements either outside of the Park or with a neighbor to handle such overflow. 4.6 Temporary Buildings and Toilets All temporary construction buildings and chemical toilets shall be placed in such a way as to not be seen from the TROUTNER BUSINESS PARK DESIGN STANDARDS - 11 d/realest/troutner.2st street, wherever possible. Temporary structures and toilets shall be maintained in a neat, sanitary manner and the Architectural Committee recommends that some temporary landscaping be put around these facilities during construction so that they will not be unsightly to neighbors, visitors and sales prospects. 4.7 Cleanup The applicant shall maintain the construction site in a clean, sanitary and orderly manner. All wind-blown debris shall be secured every evening so it will not be blown from the property during the nighttime or on the weekends. The applicant shall pick up any debris that has blown to surrounding parcels or open space and shall do so immediately upon request of the Architectural Committee. The applicant shall maintain adequate dumpsters or garbage cans for the use of the tradesmen. Upon completion of the structures and site work, the applicant shall promptly remove all remaining construction materials, concrete rubble, unused plant materials and asphalt slag, etc., from the site within fifteen days. 4.8 Connection to Utilities All utility services to the site or to buildings on the site shall be underground. None of the utilities servicing the buildings shall be installed on the walls of the buildings or within visibility of surrounding parcels or the street. The only exception to this would be construction power which may be strung overhead but must be removed immediately upon the setting of the final electrical meter. TROUTNER BUSINESS PARK DESIGN STANDARDS - 12 d/realest/troutner.2st r� m �n I 0 Pul — R.O.W. �h;h,f 1A • W. FRANKLIN ROAD MMWWMM N BMRER BTREEI I Arm, WO awr_m •1mrom W. PENNriUOD STREET TROUTNER 13U51NE55 f ARK LAND5CAFE GUIDELINE • LANDSCAPE PLAN w N t(1 Z �wl I 1111111 2222222 .i� t' e t .G .G .G EEEEEEE PUMP mmmmmmm wwwwvww mmmm.mmm �r C�rcc NNNNNNN �, W O • EEEEEEEEEEEEEEE ;t;t;t ;D rt :C b b :C `t b -:C b b 00000000.000000 in Iii i(1 tti !n to u� to Y) it) N - u1 _ iQ TROUTNER BU51NE55 PARK LAND5CAPE GUIDELINE A )PPV_7 A EE EEEEEEE in in in in Pn u� in in u� mmmmmmm mm wwwwwvw mmmmmmm CD S�SS.iSS • EEEEEEEEEEEEEEE ;t;t;t ;D rt :C b b :C `t b -:C b b 00000000.000000 in Iii i(1 tti !n to u� to Y) it) N - u1 _ iQ TROUTNER BU51NE55 PARK LAND5CAPE GUIDELINE A )PPV_7 A '/13N'/,3N%AW U3LLV1dNn 1` $ 7,3N'/,35V,AVJ415 03LLV1dNn INA ,X �; 18 pot APs o Z of.ir A 10 tt: Rda�R�Rd� � taa�a a 8 s w i Lit83 .garI or = : Carr a I i 5 _yS 58 p N �0'OdOor � [ 2W.M 1329.11' FRANKLIN RD 1329.2P VI .garI or = : Carr a I i 5 _yS 58 BASIS OF BEARING N 90'00'00" E 2657.31' , C: 5 W. FRANKUN ROAD '51/16COR. T.3N. &1 S.7 _ 06x.41' sww"' sww 5.1 5.18 > > 36270' d d - los.isr 1 r r OMENS gQ C © SSR 8 rt CPufg9 343 w NO :X 2ww U N P L A T T E D ' NW1/4 NE1/4 NEI/4 O is it O ■m am (L R S3%24 a r All 0 $ 325,00 SN'STIVE W 274.70 �rj O O a 8 a 274.04 FT Wr e r 1n i - EE a 89 C `, ■ aft" rT 2m.2s rt 205.00 rt 2Y.0 " a r Q2 r r s 0 C p $ B Oj 325.00 FT 8 _ eetsM M N 4100' Nr f ** TX CONFIRMRA REPORT ** DATE TIME TO/FROM 10 01/31 11:42 208 375 1994 Post -it' Fax Note 7671 Dale - f 9 per► 3 To, CO./D®pL K'XQ"X Co. Mono 8 Phone # ;99 y Fax* W.L.'MV GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney MEMORANDUM: AS OF JAN 31 '011:44 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 01'29" 003 203 OK :ASURE VALLEY Place to Live MERIDIAN iT IDAHO f, IDAHO 83642 FAX (206) 687.4813 Depertmeat(208)887-2211 Motor Vd ic)e/Driven Licence (208) 8884443 ROBERT D. CORRIE Mayor To: Mayor & Council From: Bruce Freckleton, Assistant to City . ser Shari Stiles, P&Z Administrator Re: TROUTNER PARK SUBDIVISION (Final Plat - By James H. Ballantyne & Partners) COUNCIL MM RA WALT W. MORROW, President RONALD R, TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P a 2 oOMM %%M1 JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 30, 1997 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Any existing izrigation/dtamage ditches crossing the property to be included in this project, shall be tiled per City Ordinance i 1-9-605.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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. ctoPF'MWPW DAWPo=%TR0Un4ML Fr MERIDIAN CITY COUNCIL MEETING: February 4 1997 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 5 REQUEST: FINAL PLAT FOR TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: ey MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS ' n CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS + SETTLERS IRRIGATION: ej4l IDAHO POWER: US WEST: C I" INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. To: Mayor & Council From: Bruce Freckleton, Assistant to City eer Shari Stiles, P&Z Administrator Re: TROUTNER PARK SUBDIVISION (Final Plat - By James H. Ballantyne & Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. C:\oFFIMWPWDAW PDOCSIIROUTNER. FP OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN CHARLESE D. STUART, Water Works Supt. GLENN R. BENTLEY BRUCE JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 KEITH BORUP W.L. "BILL' GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: January 30, 1997 To: Mayor & Council From: Bruce Freckleton, Assistant to City eer Shari Stiles, P&Z Administrator Re: TROUTNER PARK SUBDIVISION (Final Plat - By James H. Ballantyne & Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. C:\oFFIMWPWDAW PDOCSIIROUTNER. FP 0 Mayor and City Council January 30, 1997 Page 2 6. Developer shall be responsible for payment of assessment fees and meter costs associated with a single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. 7. Please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office prior to City Council action on this application. Prior to development plan approval, three copies of the revised plat must be received by the Public Works Department to review compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. Indicate on the plat that building Lots 5-12, Block 1, are zoned L -O and that the remainder of the lots are zoned C -G and must meet all applicable zoning regulations as detailed in conditional use permits. 2. No development shall be allowed south of the Eight Mile Lateral until a secondary access is constructed into the development, either through the Fuller property or to the future Corporate Drive Extension. The secondary access shall be via an easement dedicated to the Ada County Highway District, if acceptabe, for public access or more preferably by fee simple deed to the Ada County Highway District for public right-of-way. The secondary access shall be improved to Ada County Highway District standards. 3. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 4. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. A letter of credit or approved surety will be required for streetlight installation prior to signature on the final plat. 5. A pedestrian walkway shall be designed and incorporated at Pennwood Street which will be owned and maintained by the business park association. 6. A detailed landscape plan for all common areas shall be submitted for approval. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. AMROVINERYP Mayor and City Council January 30, 1997 Page 3 7. A development agreement is required as a condition of annexation. 8. Submit an executed license agreement with Nampa -Meridian Irrigation District for encroachment/roadway crossings prior to scheduling a pre -construction meeting for the development improvements. 9. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 10. All uses proposed for this plat are to be approved under the conditional use permit process for a planned development. 11. Delete Note 7. John Priester, the Ada County Surveyor, has recently indicated that it is not desirable to show temporary turnarounds on the plats, because it is then a dedicated public right-of-way that must later be vacated. Mr. Priester stated that the best solution to this is to record an instrument, either prior to or after plat recordation, providing an easement for this purpose. The document would have a provision that the easement would automatically be rescinded once the streets are able to go through. 12. Twenty -foot -wide planting strips are required to be placed adjacent to all residential properties in accordance with City Ordinance Section 11-9-605.G. A planting strip needs to be added on the easterly boundary of Lots 1, 2 and 3, Block 7. The planting strip shall not be a part of the normal street right-of-way or utility easements. This requirement has not previously been discussed. Staff would support inclusion of this planting strip for each individual lot under the conditional use permit, but a setback line should be indicated on the final plat. 13. Designate the entire Eight Mile Lateral easement, including the pump station, as a separate common lot to be owned and maintained by the business park association or Nampa - Meridian Irrigation District. Fencing needs to be provided on both sides of the easement prior to obtaining building permits. Due to the fact that Nampa -Meridian Irrigation District does not seem to care about the aesthetics of their laterals, ownership by the business park association would seem to be preferable. 14. Staff would like to set up a coordination meeting with the developer and his engineer to discuss various items on the plat that need clarification and/or revision. We believe these additional items can be handled at staff level without City Council's involvement. AATROUTNERYP OFFICIALS ' • WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 0 FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 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 KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road. W. of Meridian Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z _GREG OSLUND, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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(PRELI FINAL PLAT) BUREAU OF RECLAMATION LI AL PLAT) CITY FILES YOUR CONCISE DECEIVED JAN - 9 1997 CITY OF 1MERIDIM WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 0 MERIDIAN SCHOOL DISTRICT KUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. ROUNTREE KEITH BORUP, P/Z GLENN R. BENTLEY 33 EAST IDAHO NAMPA MERIDIAN IRRIGATION DISTRICT MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WATER DEPARTMENT GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor OTHER: YOUR CONCISE REMARKS: 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: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road, W. of Meridian Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL P JIM SHEARER, PfZ ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH I 1�9 ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT rY O1 MERID CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES FIRE DEPARTMENT OTHER: YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY A_A r+s.q' Si a h! s W + 1.L_ N .Q CITY ENGINEER 4 I; [.(_ Al.Q •e 27 to R .eXy 5 -f -4'-'L e37, oAt7. CCEN1RAL CE DISTRICT HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional _ Prelimin /Fin /Short Plat ��yr/✓ ,�d�s/�✓c�s 4�1C Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 1. We have No Objections to this Proposal. PIAN 1 5 ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of- ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 0 central water ❑ individual sewage ❑ individual water ® 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: Eff central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines i� central water 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store , 97 15. W& RE C p MM eNr1� STa►2M u/*PM Rud orf &Z w (^J T° Date: sWAtAZ E-FoXE SCk 1N Reviewed By: - �'ub Review Sheet [DHD 10191 d. rev. 1195 F. .r ,� CENTRAL • • •• DISTRICT cH [A LTH . �. 83704.OM 315.5211 • FAx-327.MM •707 N. ARMSTRONG PL DEPARTMENT MAIN OFFICE To p awt and &nt diseose and disability; to promote healthy gfesVJ= and to pwact and prmote the health and qw ty of ow STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the sObsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is Preventinged groundwater and surface water degradation. Manuals that couldf guidance are: ,t) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL- FOR THE PU GET SOUND, State of Washington Department of Ecology, February 1 9. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOP, STORMWATER AND SITE DRAINAGE MANAGEMENT. &Mg Vdl* anom Bom and Ada Counties AN / IoM Cant► 01ke `MIC ko • ms"M 707 K MM" PL 1090 ftbeu foie. 0. Im lobe. D. 83706 PK 3343355 f%ia HWft 327.7499 Pa++lr Fb I LL 327.1400 324 MV*ft Q ..— - =--- r7-7AM 83042 PK e1 aS gape cw* aft 5ME1h51ndK MDU**i Moms. D. 1307 PI► 517441 &M CM* f3" d LVk&VnWW Nea4 1905 41e *W E MOAM woeie. 0. LW PPL S874M VaW CVA* COW P.O. &x 144 Mcmaws PIL 001a SIJOIVISION EVALUATION SEET Proposed Development Name TROUTNER BUSINESS PARK City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XXX_ Engineer/Developer Keller Associates / Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W FRANKLIN ROAD" "W PENNWOOD STREET" "S W 3RD AVENUE' "S W 5TH AVENUE" 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 COMMITTEE, AG Y REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date "! Ada Planning Assoc. Ann Hurley Date City of Meridian Representative D ate Fire District Meridian Representative Q . Date /-/ % " ` 2 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "rinal plat', otherwise the plat will not be signed 1111 Subindex Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS D!� TR%SUBS%SM_CITY.FRM 13 January 199 7 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE. Fina/ Plat for Troutner Business Park Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District's Eight -Mile Lateral courses through the middle of the project. The right-of-way of the Eight -Mile Lateral is 60 ft; 30 feet from the center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466- 7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln PC: File - Shop Fi/e - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 KX7,LLER ASSOCIATES, INC. TO: City of Meridian Mayor & Council FROM: Rod J. Linja, P.E.f- "l DATE: February 3, 1997 RE: Troutner Business Park Final Plat FEB - 3 1997 MY OF MERIDI ', MEMORANDUM This Memo is in response to City of Meridian staff comments dated January 30, 1997. We have had the opportunity to meet with Shari Stiles and Bruce Freckleton to coordinate issues. This letter is written on behalf of Jim Ballantyne & Partners, and we are hopeful this response helps clarify issues about the Troutner Business Park. The format of this Memorandum follows the January 30, 1997 comment Memorandum numbering sequence. RESPONSE TO GENERAL COMMENTS 1. O.K. Except for the Eight -Mile Lateral, active ditches will be piped across the project. Final Improvement Plans have been submitted to the Nampa & Meridian Irrigation District (NMID) and we expect final comments and approval shortly. We have coordinated other private ditch improvements with adjacent property owners. 2. O.K., comment understood. If existing wells and/or septic systems are found during construction, appropriate measures will be taken. 3. O.K. During the preparation of our Improvement Plans, several holes were dug and monitoring wells installed. We also had a representative from Kleinfelder, Inc. (specializing in soils and geotechnical engineering) take soil samples. This data will be asserhbled and submitted to the Public Works Department. 4. O.K. We have met with NMID representatives regarding their ownership, operation, and maintenance of the pressurized irrigation system. We formally requested this action in our December 31, 1996 letter to them with the Improvement Plans, and they have indicated their willingness to assume this responsibility. 5. O.K. We will provide NMID approval letter when we receive it. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE. IDAHO 83704 / (209) 375-1992 Honorable Mayor & Council • Troutner Business Park February 3, 1997 Page 2 of 3 6. Comment acknowledged. We are not requesting a single -point connection to the City of Meridian's water system. 7. O.K. This response Memo to the City comments is submitted today prior to the scheduled hearing. Also, we will submit three copies of the revised plat prior to Improvement Plan approval. RESPONSE TO SITE SPECIFIC COMMENTS 1. O.K. The L -O zoning for Lots 5-12, Block 1 and the remainder CG zoned lots will be indicated on the plat. 2. During the Preliminary Plat process, City staff provided comments dated July 3, 1996 that read, "The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Lateral". Since this time, construction phasing has changed due to interest and success related to the development of the lots. We are immediately providing two accesses to the Plat. To address the Fire Department concerns, we met with Kenny Bowers and Ray Voss to discuss alternatives. The agreed upon solution includes providing emergency access across Common Lot 10, Block 1. This lot will be landscaped and provide a concrete pedestrian/walkway path. A "grass-crete" landscaping feature will be constructed on both sides of the pathway providing a hard surface for Fire Department trucks. Further, we will construct bollards at each end of the lot to prevent direct public access. This provides a second access to the plat and also provides a secondary access to the neighboring residential subdivision. The access to Meridian Road through the Fuller Property easement would be constructed, if needed, during Phase 2 which is indicated on our Improvement Plans. This would provide a total of three accesses to the plat. Therefore we request that this comment simply be changed to the former comment that reads, "The Fire Department will require that two accesses to this development be constnicted prior to obtaining building permits for any property south of the Eight Mile Later." 3. O.K. Comment understood regarding building permit issuance. 4. O.K. Comment acknowledged regarding street lights. 5. O.K. A pedestrian walkway has been designed and is shown on the Improvement Plans. This Common Lot will maintained by the business park association. 6. O.K. Detailed landscape plans for common areas will be submitted. F4- 0 Phase I a. Lots 1-4, Block 1 b. Lots 1-4, Block 2 C. Lots 5-12, Block 1 d. Lots 5-8, Block 2 e. Lots 1 and 2, Block 5 f. 35' landscape area and fence along the western boundary of Lots 5-12, Block 1 g. Construction of the ACHD Hammerheads at the end of Barrett Street and Penwood Street as shown on the final plat. h. Lot 3 Block 5 i. Lots 9-11 Block 2 j. Lots 1-6 Block 4 Phase III a. Lots 12 and 13 Block 2 b. Lots 1-3 Block 3 3.2 Incorporation Additional Areas: Declarant shall have the right, at its sole discretion, to designate additional lands to be made subject to the provisions hereof or to provisions substantially similar hereto by the due recording of a designation referring to this Declaration and by the setting forth therein in what respects, if any, the Restrictions covering the additional designated lands differ from these Restrictions. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d/realest/troutner.3 0 • ARTICLE IV The Property Subiect To This Declaration 4.1 The Property and each Lot and all or any part of the property shall be held and shall be conveyed, transferred, sold, hypothecated, encumbered, leased, rented and used subject to these Restrictions. Any documents executed in connection with any type transaction described herein or any similar transaction must include reference to this Declaration. Any such transaction shall hereinafter be referred to as a "transfer". 4.2 The acceptance by any person of a deed, lease or other instrument of transfer of property which is subject to these Restrictions (all property legally described on Exhibit A) or which is in the chain of title, including judicial foreclosures, trustees' sales and tax sales shall be deemed an acceptance of all of such Restrictions. The burden and obligation to perform in accordance with the Restrictions shall be part of the consideration for the transfer of any Lot pursuant to such Deed or other instrument of transfer and shall be deemed an agreement by such person that Declarant and each of the other Lot Owners shall be entitled to enforce all of such Restrictions. ARTICLE V Architectural Committee 5.1 Declarant hereby establishes an architectural committee ("Committee"), to perform the architectural approval duties specified in these Restrictions. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 d/realest/troutner.3 The original architectural committee shall be initially composed of the following individuals: 1. James H. Ballantyne 2. Arthur L. Troutner 3. David L. Nordling 4. Michael Ballantyne 5. Bart Ballantyne A retiring committee person may be replaced by a majority vote of the remaining committee persons. Any two of the above individuals shall constitute a quorum and the signature of approval of any two of these individuals shall constitute consent and approval by the architectural committee. The address of said architectural committee shall be: Troutner Business Park Architectural Committee c/o James H. Ballantyne 10250 Whispering Cliffs Dr. Boise, Idaho 83704 At such time as Grantor (or Grantors, successors or related parties) no longer owns any portion of the property described on Exhibit "A" and does not own any adjoining property then the owners of fifty-one (51%) percent of the lots in Troutner Business Park may designate a new architectural Committee, and the designation of the new committee and its address shall be recorded in Ada County referencing these CC&R's. Such a meeting may be called at any time by any lot owner on ten (10) days notice to the other lot owners. Such a meeting shall be held in the City of Meridian. Any member of the Committee (except Declarant and those named above) may be removed by a vote of owners in fee of fifty-one (51%) percent of the votes of lot owners in Troutner Business Park (one lot, one DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 d/realest/troutner.3 vote) who attend any meeting in which a quorum is present. A quorum shall constitute 10% of the owners. No Committee member shall be personally liable for any action or any inaction taken or not taken pursuant to these Covenants, Conditions and Restrictions in good faith. ARTICLE VI Plans; Approvals 6.1 Design Standards: All improvements and landscaping of any kind shall conform to those "Troutner Business Park Design Standards" (the Design Standards) attached hereto as Appendix 1 and which are incorporated herein as if set forth in full. 6.2 Approval by Architectural Control Committee: No structure, improvement or landscaping shall be constructed, nor alteration to the exterior of a structure or improvements of landscaping be made (hereinafter collectively referred to as the "Improvements" or the "Construction") unless preliminary and final architectural drawings, plans and specifications therefor, showing adequately for interpretative purposes each exterior element thereof, including without limitation by enumeration color scheme, design, elevations, location(s) on Lot, plans for grading and drainage, excavation, landscaping, signage, parking, loading, storage and refuse area, walls, lighting, irrigation, utilities and other items of site development work (hereinafter collectively referred to as the "Plans") both preliminary and final, shall first have been submitted to and approved in writing by the Committee. The Plans shall also detail to the satisfaction of the Committee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 d/realest/troutner.3 the traffic, noise and odors that can reasonably be anticipated from the Improvements to be constructed. 6.3 Basis of Approval: Approval shall be based among other things on adequacy of site dimensions; conformity and harmony of external design with neighboring structures and uses; effect of location and use of improvements on neighboring sites, operations, improvements and uses as well as compatibility with surrounding development and conformance with the adopted design standards. 6.4 Preliminary Plans Submittal: Prior to submission to governmental authorities, the Owner shall submit three sets of preliminary Plans, in such form as may reasonably be required by the Committee for approval. As quickly as possible but within thirty (30) days after receipt, the Committee shall either (i) approve the Plans or (ii) reject the Plans, stating the reason for the rejection and where appropriate, the changes, modifications and/or correction which the Committee demands, as a condition for approval. 6.5 Final Plans Submittal: Following approval of the preliminary Plans, the Owner shall cause final Plans to be prepared and shall submit them to the Committee for approval. The final Plans shall be defined as all documents required to be submitted to the relevant governmental authorities precedent to the issuance of a valid building permit. 6.6 Action in Thirty (30) Days: In the event the Committee fails to approve or disapprove the Plans within thirty (30) days DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 d/realest/troutner.3 after receipt thereof, such approval will not be required so long as the plans are in conformance with the Design Standards. 6.7 Disapproval: The Committee may disapprove any and all Plans submitted on any reasonable ground including but not limited to any of the following: (a) failure to comply with any of the provisions set forth in this Declaration including the "Design Standards"; (b) failure to include information in the Plans as may have been reasonably requested by the Committee; (c) incompatibility of exterior design or material with any existing structure or any structure proposed and previously approved by the Committee; (d) inadequacy of the number of on-site parking spaces or objection to the design and location of the parking area or spaces, loading docks, storage and refuse areas, walls, fencing, irrigation, lighting, utility placement, landscaping, signage, grading or color scheme; (f) objection to the color scheme, finish or portion, style of architecture, height, bulk, appropriateness of any proposed improvement in relation to other improvements existing or proposed and approved by the Committee; (g) objection to the landscaping plan as not conforming to other uses or approved plans; (h) any other matter which in the reasonable judgment of the Committee would render the proposed improvements or use discordant with the improvements on the Property, either then existing or planned and previously approved by the Committee. 6.8 Approval Good for Three Years: In the event Owner does not commence construction within three (3) years after approval of Plans, said approval shall terminate, in which event Owner shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 d/realest/troutner.3 required to resubmit the Plans to the Committee for approval prior to engaging in construction, as hereinbefore specified. After construction of any improvement has commenced, the work shall be diligently completed and in any event shall be completed within one (1) year of commencement of construction. Failure to comply with this section shall constitute a breach of these Declarations and subject the defaulting party or parties to all enforcement procedures set forth herein in addition to any remedies provided for in law. 6.9 Code Compliance: Responsibility for compliance with any and all applicable governmental rules, building codes, laws, ordinances, regulations and other codes shall be the responsibility of each individual Owner and no approval hereunder shall be construed to impose any liability on Declarant or the Committee in the event the Plans fail to so comply. Neither Declarant nor the Committee shall be responsible for structural or other inadequacy or defects of any kind or nature whatsoever in the Plans or in the structure or improvements erected in accordance therewith. ARTICLE VII Regulation of Uses 7.1 Allowed Uses: Except as limited herein, all Lots shall be used for any of the following: hotel; motel; restaurant; commercial; retail; service -commercial; financial; athletic facilities; office; industrial; research and development; warehouse; distribution or manufacturing purposes; "flex -space buildings; all with such auxiliary uses within the buildings on DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 d/realest/troutner.3 each Lot as is necessary for the conduct of the primary business therein and for no other purpose unless approved by the Architectural Control Committee. Declarant may designate that certain portions of the Property shall be used for only certain of the above uses at its sole discretion. All uses shall be in conformity with Meridian City Zoning ordinances and building codes, and any other applicable local, state or federal standards. In the event that a zoning rule or ordinance is in conflict with a designated use, then the zoning rule or ordinance shall apply. 7.2 Special Use Limitations: 7.2.1 Limited Office Use: The following lots shall be used exclusively for limited office uses: (a) Block 1: Lots 2-9 and 11-12 inclusive. (b) Block 2: Lots 2-4 inclusive. 7.3 PROHIBITED USES: 7.3.1 Hazardous Materials: No toxic materials as regulated or defined by any city, state or federal laws, rules or regulations shall be disposed of on the property described herein. For purposes here "toxic materials" includes but is not limited to "hazardous substances", "hazardous materials" or "toxic substances" defined in any local, state or federal statutes or regulations including but limited to the Comprehensive Environmental Response Compensation on Liability Act, 1980, as amended 42 USC 961 et. sea.; Hazardous Materials Transportation Act, 49 USC 1801 et. sea.; The Resource and Conservation Recovery Act, 42 USC 6901 et. sea.; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d/realest/troutner.3 and related laws. No commercial storage of such materials shall be allowed at any time. Any owner may use such materials in the owner's business conducted on the premises so long as such use complies with all local, state and federal rules, laws and ordinances and so long as no other owners are adversely affected by such use. 7.3.2 Offensive Activity; Nuisance: No noxious or offensive trade, business or activity shall be carried on, about or upon any Lot nor shall anything be done thereupon which may be or become an annoyance or nuisance within the Property or which would adversely affect the property values of other lots including without limitation distillation of bones, dumping disposal, incineration, or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering, stockyard or slaughter of animals. 7.3.3 Petroleum: No lot shall be used for the refinery of petroleum or its products, or storage of petroleum. Provided, however, that fuel or manufacturing materials to be actually used on the premises may be stored on the premises (in such amounts as is the minimum necessary for the manufacturing process or use) so long as the storage facilities meet all local, state and federal statutes, rules and regulations concerning such storage and the owner assumes all liability relating to said storage. 7.3.4 Toxic Material: Under no circumstances shall disposal of any toxic materials be permitted on any portion of the property described in Exhibit A. No chemicals or noxious effluent shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 d/realest/troutner.3 discharged into the sewage system in violation of any local, state or federal standards. 7.3.5 Minerals: No oil drilling, oil development, gravel operations, refining, mining operations or the like shall be permitted upon or in any of the Lots, nor shall oil wells, tanks, tunnels, mineral operations or shafts be permitted upon or in any Lots. ARTICLE VIII Maintenance and Repair; Drainage 8.1 General: Driveways, structure exteriors and other outdoor areas on each Lot shall be maintained in a neat and careful manner commensurate with high quality standards of care. After construction of any Improvements on any Lot, it is required that all areas not built upon, paved or otherwise improved, must be landscaped and kept weed free as provided in the Design Standards (Appendix 1 attached). 8.2 Twenty -Two (22) Foot Roadway Landscaping Strip: Each owner shall install and properly maintain a twenty-two (22) foot landscape buffer along all lot lines adjoining any roadway or street (except where the 35' landscape buffers are provided in Section 8.4 below). This landscaping shall be installed pursuant to the Design Standards attached hereto. This twenty-two (22) foot strip may include portions of ACHD right of way (so long as ACHD does not object). This twenty-two (22) foot landscaping buffer area along all roads and streets is to maintain a consistent and aesthetically pleasing appearance to the entire development. In DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d/realest/troutner.3 • 0 the event that this buffer area is not properly landscaped according to the Design Standards or properly maintained, the Declarant and/or the Committee (in addition to any other rights created herein) shall have the right, but not the obligation, to properly landscape or maintain this buffer area at the sole expense of the owner and the cost thereof shall be paid by the owner and treated as an "assessment" to that owner as provided herein. 8.3 Landscaping Percentage: Each owner shall install and maintain landscaping on a minimum of ten percent (10%) of the total square footage of the lot. (For example, if a lot is 100,000 square feet, there shall never be less than 10,000 square feet of landscaping.) More landscaping is encouraged but under no circumstances shall it become less than 10% of the square footage of the entire lot. 8.4 Special Thirty -Five (35) Foot Landscape Buffer: The following lots are affected by this section: (a) Lot 1 Block 1 and Lot 1 Block 2 (along Franklin Road). (b) The West 35 feet (adjacent to residential subdivision) of Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 1. In this thirty-five (35) foot landscape buffer area described in (b) above each owner shall install and maintain (pursuant to the Design Standards) a thirty-five (35) foot wide landscape buffer area which shall include a berm at least three (3) feet in height. (Where applicable, this 35' landscape area shall include the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d/realest/troutner.3 Hammerheads attached to Barrett Street and Penwood Street as shown on the plat.) As provided in 8.5 this landscape buffer shall be maintained by the Association. 8.5 Maintenance of All Landscaping by Troutner Business Park Association: As set out herein all lot owners in this subdivision shall be members of the lot owners association named "Troutner Business Park Association" which may be referred to herein simply as the "Association". All Common Area lots of this subdivision and all landscaping in this subdivision (including privately installed landscaping) shall be managed by and maintained by the Association. The Association shall have an easement on all landscaping areas of this Subdivision for the purposes of maintaining landscaping. All Common Area lots landscaping shall be installed by the Developer (presently Declarant) but maintained by the Association. All individual lot landscaping and adequate underground sprinkler systems shall be installed by the lot owner after the site improvements are constructed. After the individual lot owner constructs the landscaping and sprinkler system on that lot the maintenance of the landscaping shall be done by the Association. 8.5.1 Allocation of Landscape Maintenance Costs: The costs of maintenance of the landscaping shall be allocated amongst the lot owners by two methods: a. Common Areas and Common Area maintenance costs shall be paid by all lot owners in the subdivision shared pro - rata based on the square footage of each lot divided by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 d/realest/troutner.3 • • the square footage of the entire land area in the subdivision. [For example, if a lot contained 34,000 square feet and the entire subdivision contained 1,133,333 square feet (excluding roads and Common Area lots), then that owner would pay three percent (3%) of the total cost of the maintenance of the Common Areas and common area landscape areas (34,000 - 1,133,333 = 3%).] b. Individual lot landscaping maintenance costs shall be paid by all lot owners who have installed landscaping on their lots. These costs shall be shared pro -rata based on the square footage of each lot landscaped divided by the square footage of all lots which have been landscaped. [For example, if one landscaped lot is 34,000 total square feet and there are nine individual lots with landscaping maintained by the Association, and these all total 485,714 square feet, then the lot owner with the 34,000 total square footage would pay seven percent (7%) of the costs associated with the maintenance of those individual lots landscaping. C. All water costs for landscaping paid by the Association shall be fairly allocated and shall be paid for under the same formula set out in a. and b. above. Any Nampa -Meridian Irrigation water assessments assessed directly to each lot owner shall be paid for by each lot owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 d/realest/troutner.3 8.6 Exterior: The exterior of all structures shall be maintained in good, neat condition and repair, including regular maintenance, painting, window washing and replacement. 8.7 Other Buildings: No trailer, mobile home, shed or other out building may be erected or located on any Lot except in the course of a diligently pursued construction project and then only for the reasonable period of construction. All construction shall be performed in a manner designed not to interfere with the use of other Lots by their Owners and as provided in the Design Standards. 8.8 Auxiliary: Auxiliary structures, antennas, aerials, cables or other mechanisms related to communications, roof surfaces, all electrical and mechanical apparatus, equipment, fixtures, conduit, ducts, vents, flues and pipes mounted or placed upon the roof surface, or extending above the roof line of any building or structure, shall be concealed from view from the streets and from buildings on other Lots in an architecturally treated manner as set out in the Design Standards or approved by the Committee, unless the Committee has granted specific written approval of other measures which would minimize the visual effects as viewed from the streets and other buildings on other Lots. 8.9 Utilities: All on-site electrical, telephone and other utility lines shall be underground, and shall not be exposed on the exterior of any structure unless approved in writing by the Committee. 8.10 Drainage: Each lot owner shall restrict peak storm drainage into surrounding canals or ditches except as permitted by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 d/realest/troutner.3 • • any affected Irrigation District, and provide cleaning and filtering of any water which does drain into surrounding canals or ditches. Any drainage into canals and ditches, detention system, drainage system and sand and oil cleaning system shall first be approved in writing by the Nampa/Meridian Irrigation District prior to any installation or construction of the system and such approval shall be obtained prior to commencement of construction of the owners project. The maintenance of these systems on the owners lot shall be the responsibility of the owner. In the event that the owner fails or neglects to construct the necessary systems or fails or neglects to properly maintain said systems then Declarant and/or the Committee or the Association shall have the right (but not the obligation) to cause said construction or maintenance to be done and said lot owner shall reimburse all such costs and these costs shall be treated as an "assessment" as provided herein. Declarant shall have the right to maintain certain "common" drainage systems and to treat those maintenance costs as common area maintenance costs. 8.11 Garbage: No garbage, rubbish or cuttings shall be deposited or suffered to be on any Lot unless placed in approved containers, suitably located and screened on any Lot, so as to avoid detracting from the physical appearance of such Lot and the neighboring Lots. No building material of any kind or character or landscaping material shall be placed or stored upon any Lot until the Owner is ready to commence construction thereon. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 d/realest/troutner.3 8.12 Weeds: Noxious grass, weeds, vegetation, leaves, fallen or dead trees, shrubs, vines or ground covers which are unsightly or likely to constitute a fire or safety hazard shall be promptly removed from each Lot by the Owner thereof. Each lot owner whose lot adjoins any canal or drain ditch on the property shall also remove these items existing along the canal bank. 8.13 Fences• 8.13.1 Eight Mile Lateral: All lots adjoining Eight Mile Lateral shall have a fence (which is in compliance with Nampa - Meridian Irrigation District Rules and Regulations), approved by the Architectural Committee, restricting access to Eight Mile Lateral. Said fence shall be installed and maintained by the lot owner. 8.13.2 Perimeter Fence: As each phase of this subdivision is developed Grantor (or Grantor's successor) shall install a fence along the outside perimeter of Troutner Business Park which encompasses that respective phase of the development. Once installed the perimeter fence shall be maintained by the Association and the costs of such maintenance shall be shared pro - rata among all lots in this subdivision based on square footage [under the same formula for common landscape costs set out in Paragraph 8.5.1(a)]. 8.13.3 Other Fences: Other property line fences are not required. If installed by an owner, they must be first approved by the Architectural Committee and shall be maintained by the owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d/realest/troutner.3 ARTICLE IX Parking, Loading, Storage; Setbacks 9.1 Parking: For each building constructed, there shall be provided parking areas on the Lot, laid out and constructed in accordance with plans approved as specified herein, and maintained thereafter in good condition. Such parking areas shall be constructed of all weather, dust -free surface. For any Improvement constructed on a Lot sufficient parking areas must be located on the Lot so as to accommodate the foreseeable parking requirements of the Improvement's users. No off-site parking shall be permitted. The number of parking spaces shall be at least the number required by the City of Meridian parking ordinances. 9.2 Loading• (a) All loading and unloading of vehicles shall be conducted upon the Lot. Sufficient loading and unloading places shall be provided on each Lot to serve all buildings thereupon. Buildings and structures shall be so designed and placed upon the Lot and loading facilities shall be so constructed that motor vehicles of the maximum length permitted by the State may be loaded or unloaded at any loading dock or door, or loading area with out extending beyond the property line. (b) Loading docks shall be set back, landscaped and screened to minimize their exposure from the street, but in any event shall require, along with all other plans, the written approval of the Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS — 23 d/realest/troutner.3 9.3 Storage• (a) No materials, supplies or equipment, including company owned or operated trucks and motor vehicles shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier approved by the Committee, screening such areas from the street and from view of adjoining properties, which barrier shall be at least six (6) feet in height. (b) Storage areas shall be located on the rear portion of the Lots, unless other locations are specifically approved by the Committee and shall be screened from view. 9.4 Setbacks: All setbacks shall conform to the setback requirements of the Meridian City Ordinances. ARTICLE X Common Areas and Maintenance Charges 10.1 Common Area Lots: Lot 1 Block 1; Lot 1 Block 2; Lot 10 Block 1 are designated as Common Area lots and are to be owned by the Association. Lot 1 Block 1 and Lot 1 Block 2 along Franklin Road are landscaped areas and shall contain the subdivision identification signs. Lot 10 Block 1 is a 30' wide lot connecting Penwood Street to S.W. Fifth Street and shall be subject to an easement to the City of Meridian as the City may require and may also be used for pedestrian and bicycle traffic as such may be permitted or required by the City of Meridian and ACHD. All costs associated with these three Common Area lots (except initial installation) shall be paid pro -rata by all lot owners in the subdivision under the formula described for Common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 24 d/realest/troutner.3 landscaping in Paragraph 8.5.1(a) [i.e., a lot owner whose lot is three percent (3%) of the entire subdivision will pay three percent (3%) of all costs associated with these Common Area lots]. 10.2 Landscaping: The "Common Landscape Areas" to be commonly maintained are set out in Paragraph 8 above. Notwithstanding that these landscape areas are to be commonly maintained by the Association, the use of these Association maintained landscape areas on individual lots shall be exclusively with the individual lot owner. The Association shall have an easement on all lots for the maintenance of landscaping described in this Declaration. ARTICLE XI Signs 11.1 Approval: All signs must be consistent with the Design Standards and approved by the Architectural Committee. Unless approved otherwise, all lots shall have one permanent identification sign at or near the main entrance to the parcel limited to five (5) feet in height. All signs should be back lit. Signs should be generally consistent in style and type as exist in the park at the time of installation. 11.2 Ordinances: All signs must comply with Meridian City Ordinances. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 25 d/realest/troutner.3 ARTICLE XII Troutner Business Park Association, Inc. 12.1 Organization of Troutner Business Park Association. Inc.: Troutner Business Park Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 12.2 Membership: Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 12.3 Voting: Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d/realest/troutner.3 interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 12.3.1 Class A Members: Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member (s) on the day of the vote. One lot, one vote. 12.3.2 Class B Members: The Grantor shall be known as the Class B Member, and shall be entitled to three (3) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs earlier: (a) when eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or (b) on December 31, 2001. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 27 d/realest/troutner.3 may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 12.4 Board of Directors and Officers: The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 12.5 Power and Duties of the Association: 12.5.1 Powers: The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 28 d/realest/troutner.3 • • Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Association's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 12.5.1.1 Assessments: The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 12.5.1.2 Right of Enforcement: The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws. 12.5.1.3 Emergency Powers: The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 29 d/realest/troutner.3 constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 12.5.1.4 Licenses, Easements and Rights -of -Way: The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area or any additional easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 12.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 30 d/realest/troutner.3 0 • electronic signals -for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 12.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities. 12.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi -public purpose. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 12.5.2 Duties: In addition to duties necessary and proper to carry out the power delegated to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 31 d/realest/troutner.3 Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority to perform, without limitation, each of the following duties: 12.5.2.1 Operation and Maintenance of Common Area: Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area as described in this Declaration. 12.5.2.2 Maintenance of Berms, Retaining Walls, Fences, Common Landscape and Irrigation Systems: Maintain any and all berms, fences and common landscape and irrigation systems and Common Area lots. 12.5.2.3 Taxes and Assessments: Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 32 d/realest/troutner.3 sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 12.5.2.4 Water and Other Utilities: Acquire, provide and/or pay for water, operations costs, landscaping replacements, maintenance and other necessary services as set out in this Declaration. 12.5.2.5 Insurance: Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 12.5.2.5.1 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 33 d/realest/troutner.3 incident to the ownership and/or use of the Common Area. 12.5.2.5.2 Full coverage directors' and officers' liability insurance. 12.5.2.5.3 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 12.5.2.5.4 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 12.5.2.5.5 Insurance premiums for the above insurance coverage shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 34 d/realest/troutner.3 0 • deemed a common expense to be included in the Regular Assessments levied by the Association. 12.5.2.6 Enforcement of Restrictions and Rules: Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 12.6 Personal Liability: No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, the Grantor, or any committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 35 d/realest/troutner.3 12.7 Budgets and Financial Statements: Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 12.7.1 Operating Statement. A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 12.7.2 Balance Sheet: Within thirty (30) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 12.8 Meetings of Association: Each year the Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 36 d/realest/troutner.3 Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE XIII: ASSESSMENTS 13.1 Covenant to Pay Assessments: By acceptance of a deed to any property in Troutner Business Park each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 37 d/realest/troutner.3 13.1.1 Assessment Constitutes Lien: Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 13.1.2 Assessment is Personal Obligation: Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 13.2 Regular Assessments: All Owners, including Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 13.2.1 Purpose of Regular Assessments: The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal, attorneys fees, accounting fees, management fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 38 d/realest/troutner.3 operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association, and an amount allocated to an adequate reserve fund to be established by the Board and to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 13.2.2 Computation of Regular Assessments: The Association shall compute the amount of its Expenses on an annual calendar basis. The Board shall compute the amount of Regular Assessments owed beginning the date the first lot transfer is recorded. Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each calendar year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next calendar year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 13.2.3 Amounts Paid by Owners: The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 39 d/realest/troutner.3 The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed by dividing the Lot Owner's total square footage by the total square footage in Troutner Business Park (excluding roads and Common Area lots). Each owner shall pay its pro -rata share of regular assessments. 13.2.4 Landscape Assessments: The landscape assessments set out in Paragraph 8.5.1 (a) and (b) shall be assessed as a regular assessment but computed as set out in 8.5.1 (a) and (b). 13.3 Special Assessments: 13.3.1 One Hundred Dollar ($100.00) Special Transfer Assessment. Upon each transfer of a Building Lot to a new Owner the Buyer of that lot shall pay a special assessment of $100.00 to the Association which shall go into the Association's general funds for purposes set out in these Declarations and to defray the costs of record changes. 13.3.2 Purpose and Procedure: In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 40 d/realest/troutner.3 Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty-five percent (25%) of the budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association at the meeting called for that purpose. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 13.3.3 Consistent Basis of Assessment: Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 13.4 Limited Assessments: Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Troutner Business Park DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 41 d/realest/troutner.3 together with the 10% management fee and interest as provided below. 13.5 Uniform Rate of Assessment: Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per square foot for all Members of the Association. 13.6 Assessment Period: Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro -rated according to the number of months remaining in the fiscal year. Assessments shall be payable in installments monthly, quarterly or semi-annually as set by the Board. 13.7 Notice and Assessment Due Date: Written notice of all assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, late fees, costs and attorneys' fees, and no Owner may exempt such Owner from such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 42 d/realest/troutner.3 • liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 13.8 Late Fees; Interest on Past Due Assessments: Assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of $25.00. In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1-1/2%) per month from the date the assessment was due until the date of payment. 13.9 Estoppel Certificate: The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE XIV Enforcement of Covenants and Assessments; Liens 14.1 Right to Enforce; Attorneys Fees: The Association has the right to enforce these covenants and to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to comply with the terms, covenants, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 43 d/realest/troutner.3 conditions and restrictions contained herein and to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: a) direct corrective action against the Owner or the offending violation; b) litigation at law or in equity; c) foreclosure of the liens created herein; d) expenditure of funds to remedy any violations; and/or e) any other lawful action. 14.1.1 Corrective Action: In the event an Owner fails to comply with any provisions of these Declarations, the Board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action. Such shall be a Limited Assessment against that Lot and that Lot Owner DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 44 d/realest/troutner.3 • and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. The Owner of the offending property shall also be personally liable and such Owner's property may be subject to a lien for all costs, management fees, late fees, interest and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due including but not limited to attorney fees, recording fees and costs. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out in Paragraph 8.8. 14.1.2 Notice of Corrective Action: Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in these Declarations. 14.2 Assessment Liens: 14.2.1 Creation: There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 45 d/realest/troutner.3 such Building Lot pursuant to this Declaration together with interest and all costs as provided in these Declarations. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 14.2.2 Claim of Lien: Upon default of any Owner in the payment of any Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 46 d/realest/troutner.3 • delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 14.3 Method of Foreclosure: Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 14.4 Required Notice: Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 47 d/realest/troutner.3 and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 14.5 Subordination to Certain Trust Deeds: The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or f irst mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 14.6 Rights of Mortgagees: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 48 d/realest/troutner.3 ARTICLE XV Easements 15.1 Easements of Access: Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Area, resulting from the normal use of adjoining Building Lots or Common Area, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used. by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 15.2 Drainage and Utility Easements: Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 49 d/realest/troutner.3 • the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 15.2.1 Improvement of Drainage and Utility Easement Areas: The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Troutner Business Park Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in this Article X, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Board, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 50 d/realest/troutner.3 ARTICLE XVI Miscellaneous 16.1 Term: The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Declaration shall run until December 31, 2025, unless amended as herein provided. After December 31, 2025, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 16.2 Amendment• 16.2.1 By Grantor: Except as provided in paragraph 16.2.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 51 d/realest/troutner.3 a written instrument setting forth such amendment or termination. 16.2.2 By Owners: Except where a greater percentage is required by express provision in this Declaration, any amendment to the provisions of this Declaration, other than this Article, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by a) the vote at a meeting called for that purpose; or b) the written consent of Owners representing more than sixty-seven percent (67%) of the combined total Class A and Class B votes in the Association. Such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XI shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 16.2.3 Effect of Amendment: Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 52 d/realest/troutner.3 unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 16.2.4 Amendment for Annexation of Other Land to These CC&R's: These CC&R's may be amended to provide that other land, common areas or other subdivisions may be annexed into and governed by these CC&R's. Such annexation shall be by a) a vote or b) the written consent of owners representing fifty-one percent (51%) of the combined total Class A and Class B votes in the Association. 16.3 Mortgage Protection: Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 16.4 Notices: Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 53 d/realest/troutner.3 notice, or to the residential address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 16.5 Enforcement and Non -Waiver: 16.5.1 Right of Enforcement: The Declarant, the Board, the Association or any Owner 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 provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Troutner Business Park Association to enforce any of these CC&R's. Neither Declarant, Board nor Troutner Business Park Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 16.6 Successors and Assigns: All references herein to Grantor, Owners, the Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. In the event Declarant sells, transfers or assigns its interest in this project, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 54 d/realest/troutner.3 • then Declarant shall have no liability or responsibilities of any kind which accrue after Declarant sells, assigns or transfers Declarant's interest in the project. ARTICLE XVII Construction and Invalidity 17.1 In the event any of the Restrictions shall be held to be invalid or void by any court of competent jurisdiction, such invalidity or such void Restrictions shall in no way affect any other condition, covenant, restriction, agreement, charge, lien or other matter herein contained. ARTICLE XVIII Assignability of Declarant's Rights and Duties 18.1 Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of Declarant pertaining hereto. Once assigned or transferred Declarant shall have no liability of any kind which accrues after the date of assignment or transfer. ARTICLE XIX Waiver of Partition 19.1 There shall be no judicial partition of the property subject to this Declaration of Covenants, Conditions and Restrictions except as may be otherwise provided under appropriate Idaho statutes. Each Owner and the successors of each owner, for the benefit of their respective Lots and for the benefit of all other Owners specifically waive and abandon all rights for a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 55 d/realest/troutner.3 0 • judicial partition of any tenancy in common ownership of any Lot and do further promise and covenant that no action for such judicial partition shall be initiated, prosecuted or reduced to judgment. Declarant may subdivide any of Declarant property pursuant to governmental approvals as necessary. No other lot owner, however, may subdivide a lot without the express written approval of the Declarant and approval of all affected governmental agencies. IN WITNESS WHEREOF, Declarant has executed this Amended Declaration as of the day of STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) 1996. Troutner Business Park Development Corporation by Title: On this day of , 1996, before me, the a undersigned, a Notary Public in nd for said State, personally appeared known or identified to me to be the of Troutner Business Park Development Corporation, the corporation that executed the within and foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 56 d/realest/troutner.3 • 0 A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 0825" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING50 FEET IN WIDTH AND LYING NORTH OF THE FOLLOWING DESCRIBED PROPERTY; A PORTION OF THE NORTHEAST QUARTER OF THE SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 0 DEGREE 22'35" EAST 1107.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 13 TO THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 5545" WEST 533.12 FEET. END OF LEGAL DESCRIPTION xx�;b;t/1 s TROUTNER BUSINESS PARK DESIGN STANDARDS 1. STATEMENT OF INTENT 0 Appendix 1 1.1 It is our intent to build, with the help of our buyers, owners, builders and tenants, one of the most respected and desirable business parks in the State of Idaho. this goal can only be accomplished through the application of design standards and the cooperation of all those performing under them. The proper landscape design, building elevations and attention to detail will assure the creation of a pleasant working environment which will lead to business success and property value enhancement for all. 1.2 The design standards described here are intended to apply to office and industrial developments within Troutner Business Park and reference is made to the Declaration of Covenants, Conditions and Restrictions for Troutner Business Park for specific requirements regarding, inter alia, plan submittal time frames; percentage of landscaping; set backs; landscape strips and buffers; fences; screening of loading docks and storage areas. 1.3 For parcels developed for retail or other commercial uses, the Architectural Committee may permit modifications to these design standards under its review process. The modified standards will apply generally to commercial uses within Troutner Business Park. 1.4 The Architectural Committee may allow variance from these Standards for parcels of irregular shape and parcels over five acres in size. This variance form the Standards will only apply in their specific cases and parcels, and in no way set a precedent for other variances. 1.5 Troutner Business Park should not be a level field full of huge concrete boxes. It should be like a well maintained city park or campus setting with beautifully designed structures set tastefully in a heavily landscaped background, within the landscaped buffer area set out below. The lighting, signage and landscaping should be uniform, lush and well maintained. TROUTNER BUSINESS PARK DESIGN STANDARDS - 1 d/realest/troutner.2st • • 1.6 We encourage innovative design but discourage the flamboyant. What is built in Troutner Business Park will outlast its creators. Therefore, it must age well both in material and design. 1.7 The design and construction of each building will have an impact on its neighbors as well as the access highways and therefore the entire park. It is critical that the street scape have flow and continuity as well as being consistently maintained. Since the building structure will be the largest element of the street scape, there must be flow from structure to structure. This mandates that each new design take into account the affected neighbors' buildings and landscaping. Attention to the impact on neighboring parcels will minimize future misunderstandings. 1.8 The exteriors of the structures in both form and color should be complimentary to the setting. Bright colors should be used only to highlight and accent. Windows and other openings should be incorporated into the design and not added later as needed. The designers are strongly encouraged to develop a central entry for each structure that can be seen from the street and that would create a sense of arrival for customers and business associates. 1.9 Troutner Business Park encourage owners to experiment with design features in their landscaping. Details such as brick or cement pavers, plazas, walking paths, artwork, fountains, stone dividers, etc., are strongly encouraged. All of these features add to the uniqueness of the landscape design and create a better working and visiting environment and enhance the land value of all owners in the Park. 1.10 Landscape design can be as varied as building design. The good impression created by a unique building design can be spoiled by a poor landscape design and vice versa. We highly recommend the hiring of a landscape architect with experience in both the environment of the valley and the concept of the Park. 1.11 Visual richness is strongly encouraged through the use of special plantings, flowering trees, and a variety of furniture elements such as bollards, benches, pots and trash receptacles. Special urban landscape details, such as tree grates, tree guards, sculpture, banners and water features can also be used to add to this visual richness. TROUTNER BUSINESS PARK DESIGN STANDARDS - 2 d/realest/troutner.2st 1.12 In the event that any of these general Design Standards conflict with any provision of the Declaration of Covenants, conditions and Restrictions for Troutner Business Park then the provisions of the Declaration shall control. To effectuate this intent the basic Design Standards are as follows: 2. SITE DEVELOPMENT STANDARDS 2.1 Heights All buildings should be limited to a maximum height of 45 feet to the top of parapets, stair enclosures or mechanical penthouses or screens. The maximum height is measured from the mean ground elevation to the highest point on roof parapet or mean height on sloping roof. 2.2 Setbacks All building setbacks shall conform to Meridian City Ordinances and shall provide sufficient space between buildings to provide adequate light and privacy for building occupants as well as to provide room for parking, landscaping and to minimize interference between parcel owners. 2.3 Hardscape and Barriers Walks and paths must be a minimum of five feet wide, constructed of an all-weather surface, and designed into the flow of the landscape onsite and offsite. An area convenient to the building should be provided for the storage of bicycles. Plazas should be located near spaces between buildings and/or near building entrances. No fence or wall of any kind shall be constructed unless specifically approved by the Architectural Committee after review of complete plans. Structures such as water towers, storage tanks, processing equipment, cooling towers, communication towers, ventilators and any other structures or equipment should be architecturally compatible or effectively shielded form view from any street and should be TROUTNER BUSINESS PARK DESIGN STANDARDS - 3 d/realest/troutner.2st approved, in writing, by the Architectural Committee before construction or placement. Screening and buffers should be of a height at least equal to that of the materials or equipment being stored behind them. Hardscape walls and retaining walls should not exceed 4 feet unless they are an integral part of a building structure or are screened/softened by plantings. Materials and color must also be compatible with the primary building structures and within the overall design of Troutner Business Park. 2.4 Parking and Service Access 2.4.1 Parking The number of parking spaces required, the widths of drive lanes, the dimensions of stalls, the ratio between parking surface and landscaping shall be consistent with the City of Meridian standards. Parking should not be permitted in any space other than those paved and designated as parking areas. Parking will not be permitted on any street or in parking setback areas. Visitor drop-off zones and visitor parking should be provided near visitor entrances. Employee parking should be separated from visitor parking and front entrance traffic. Minimize single row parking, maximize parking in blocks or multiple rows. Where layout exceeds two rows in depth, align rows in direction of pedestrian movement whenever possible. Curbs should be provided at the perimeter of all planted areas within parking lots to prevent wheel damage to landscaping. Concrete is preferred. Curbs should be continuous, using curves at turns rather than sharp edges. Access driveways should be provided and maintained between each parking area and the street. If at all possible, main entry drives should direct visitors to the building entry first, then to the parking areas. TROUTNER BUSINESS PARK DESIGN STANDARDS - 4 d/realest/troutner.2st 0 The maximum elevation of on-site not exceed the highest top of immediately adjacent street curb. U surface parking should curb elevation of the Parking spaces should be designated as spaces for the handicapped and located near building entrances in conformance with the current federal, state and local codes in effect at the time of construction for each parcel. 2.4.2 Service Access Entrances for access to service areas of the building shall be compatible with the site layout and lot size. All loading and unloading of vehicles should be conducted on site away form the view of the street or neighboring parcels. Loading and service area parking should be planned so that they do not interfere with visitor and employee parking. Loading docks should be so positioned that delivery vehicles will not have to back onto or off of streets or neighboring parcels or common area. trash containers should be concealed within the walls of the building structure or properly screened from view. 2.5 Utility Services All utility lines shall be underground. No pipe. conduit, cable, including lines for water, gas, sewage, storm drain, electricity or any other energy or service shall be installed or maintained upon any lot above the surface of the ground. Movable pipes used for irrigation or other purposes during construction are excepted. No utility lines may be exposed on the face of any building. Transformers may be surface mounted as long as they are properly screened. Group transformers and grouped utility meters are encouraged wherever possible. 2.6 Landscape Improvements 2.6.1 A landscape and irrigation plan covering the overall site must be submitted to the Architectural Committee. TROUTNER BUSINESS PARK DESIGN STANDARDS - 5 d/realest/troutner.2st 2.6.2 Landscaping should be completed within sixty (60) days of completion of the building and parking areas. 2.6.3 Plants shall be approved by the Architectural Committee. 2.6.4 Areas of the parcel held for future expansion shall be landscaped, irrigated and maintained. 2.6.5 A landscape buffer, with a minimum of twenty-two (22) feet in width, shall be required along all lot lines abutting streets or roadways. Side yards shall have landscaped planters of not less than five feet in width. 2.6.6 All irrigation systems shall be of commercial quality, fully automatic and below ground. Control devices shall be screened from view. 2.6.7 All areas purchased by each lot owner but held for future expansion shall be landscaped and kept free of debris and weeds during the period of time it is vacant. 2.6.8 A five (5) foot landscape strip between the sidewalk and curb shall be planted with lawn and deciduous shade trees. Refer to Troutner Business Park Landscape Section (attached hereto as Appendix 1A). Shade trees shall be spaced as per Troutner Business Park Landscape Plan (attached hereto as Appendix 2A). Shade trees shall be selected and sized as per Troutner Business Park Landscape Guideline (attached hereto as Appendix 3A). 2.6.9 The remaining twelve (12) feet of required landscape buffer beyond the sidewalk shall be informally planted using a combination of deciduous and evergreen trees, flowering trees, shrubs, groundcovers and lawn. Within this planting zone flowering trees shall be planted and spaced as per Troutner Business Park Landscape Plan (Appendix 2A). Adjust spacing to respect 40 foot vision triangle at street intersections as required by Ada County Highway District. Flowering trees shall be selected and sized as per Troutner Business Park Landscape Guideline (Appendix 3A). 2.6.10 Unless otherwise approved, all turf areas shall be sodded using locally grown and acclimated sod. For color and texture continuity drought tolerant dwarf TROUTNER BUSINESS PARK DESIGN STANDARDS - 6 d/realest/troutner.2st fescue varieties (i.e., Bonsai and Mirage) should be encouraged and Bluegrass/Rye varieties discouraged. 2.6.11 A twenty (20) foot landscape strip comprised solely of sod shall be planted and maintained along the south side of the Eight Mile Lateral on Lot 5 of Block 1, Lots 5 and 11 of Block 2 and Lots 5, 6 and 7 of Block 3. 2.7 Drainage Storm water systems onsite must be designed to return water to the ground and only the excess allowed to flow to the provided drain. To accomplish this, a system of dripline trenches or landscaping around the buildings, infiltration trenches around parking areas and pedestrian paths and an unobtrusive overflow basin must be provided. How the storm drainage will be handled must be shown on the Grading and Site plan for the Architectural Committee review and approval. 3. ARCHITECTURAL STANDARDS 3.1 Architectural Features of Exterior Walls and Openings The Architectural Committee of Troutner Business Park encourages innovative design within the limits of reasonableness. The building design must be compatible with the surrounding area and existing structures within the Park. The following are the minimum requirements for exterior design: 3.1.1 All sides of a building should receive appropriate design consideration and cinder block shall be discouraged. Frame, stone and brick are encouraged. All colors shall be subdued and compatible with surrounding areas. 3.2 Roofline and Rooftop Equipment Roofs should be an integral part of the building design. No highly reflective vertical or sloped roofs will be allowed. Built up roofs must be hidden with parapet or mansard. Shingles or shakes made of wood are discouraged for both fire and maintenance reasons. Large exposures of sloping roofs will be discouraged. The designer is TROUTNER BUSINESS PARK DESIGN STANDARDS - 7 d/realest/troutner.2st requested to break up roof elements, thus creating a more aesthetically pleasing ridgeline. All mechanical rooms or mechanical equipment on rooftops shall be screened from a horizontal line of sight in all directions. Screening must be a part of the building design, not just "chicken coops" placed as an afterthought. Air handling equipment on parapet roofs must be below parapet or kept back 20 feet from the roof edge and adequately screened. In no event will this equipment be allowed to be seen from neighboring parcels or streets. 3.3 Entry Plazas Entry plazas should be visible through the main entrance driveway wherever possible. Entry plazas should be eye- catching and give the visitor a feeling of arrival. 3.4 Service Areas and Structures 3.4.1 Exterior storage of waste materials is not permitted except in covered containers and must be in an area enclosed by a wall of sufficient height to visually screen any refuse from pedestrian or vehicular views. Exterior display of products is permitted in areas designed specifically for such display and so long as it is reviewed and approved by the Architectural Committee. 3.4.2 Exterior service areas shall be screened by landscaping and by masonry or concrete walls or architectural fencing designed to be in character with the building design. 3.4.3 No articles, goods, materials, machinery, equipment, plants, animals or similar items should be stored or kept in the open or exposed to public view within the area between building setback line and property line along a street. 3.4.4 No outside storage or operations of any kind shall be permitted on any lot, unless such activity is visually screened form all streets in a manner approved by the Architectural Committee. No outside storage shall extend above the top of such screening. TROUTNER BUSINESS PARK DESIGN STANDARDS - 8 d/realest/troutner.2st 3.5 3.6 0 • 3.4.5 No storage shed, mini -storage or peripheral buildings other than the main building on each lot shall be permitted except during construction. 3.4.6 All ground -mounted mechanical equipment, including transformers, will be screened from view by landscaping, masonry fence or other structure in keeping with the overall building design. 3.4.7 Each business must be supplied with a trash container of appropriate size to hold all refuse generated by said business during the period between trash collection days. Trash container storage areas must be designed into the building in such a way as to be hidden from the street or neighboring parcels. Telecommunication Equipment No antenna shall be visible from streets or neighborhood parcels. Microwave dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys or on the ground behind buildings but in no case may they be visible from the streets or highways. Lighting and Signage 3.6.1 Lighting The parcel owner and architect are requested to create a functional, pleasing and coordinated relationship of lighting, signs and plant material for aesthetics, security and safety. Lights shall not be placed to cause glare or excessive light spillage on neighboring sites or to the streets. All parking lot and driveway lighting should provide relatively uniform illumination. Accent illumination is recommended at key points such as entrances, exists, loading zones and drives. Concealed light sources are recommended. 3.6.2 Signage Each parcel is required to have a permanent sign located at or near the main entrance to the parcel. TROUTNER BUSINESS PARK DESIGN STANDARDS - 9 d/realest/troutner.2st Each parcel may have one wall -mounted sign consisting of individual letters of a size and design to be approved by the Architectural Committee. It may be internally lit, halo lit or back lit. Retail signs must be canopy -mounted individual letters. No other signs that are visible from the streets are permitted within the Park common area. Temporary construction signs are allowed if they are no greater than 3' high by 4' long, are put up at the commencement of construction and removed upon completion. Parcels used for commercial or retail tenants are allowed more flexibility in their signage program. The size, design and materials of retail signs shall be consistent with the design of the retail buildings, in conformance with the City of Meridian standards and approved by the Architectural Committee. 4. CONSTRUCTION PROCEDURES 4.1 Plan Approval All plans for new construction and remodels to all buildings and site improvements shall be submitted to the Architectural Committee and receive plan approvals as specified in the Declaration of Covenants, Conditions and Restrictions. No work shall be commenced unless all of the approvals have been obtained. 4.2 Excavation All excavation shall be confined to the parcel or parcels owned by the applicant. No materials shall be stored on surrounding parcels. Troutner Business Park shall have the right to authorize the movement of dirt and plant materials form one parcel to another and in no event shall this occur without the approval of the Architectural Committee. No excavation shall be performed within 100 feet of the irrigation canal unless approved in writing by the Architectural Control Committee and the affected irrigation district. If excavation is to occur within ten feet of the property line between parcels, shoring must be used in order to minimize potential damage to neighboring parcels. TROUTNER BUSINESS PARK DESIGN STANDARDS - 10 d/realest/troutner.2st All excavation shall be done in conformance with city, state and federal regulations for health and safety. 4.3 Environmental Control At all times during construction, the applicant shall maintain dust control, litter control, noxious odor control and sound control. It is recommended that the smallest amount of ground be disturbed at any one time and that exposed soil be sprinklered for dust control and drained properly to avoid erosion during winter and spring construction. Should it be necessary, due to the influence of housing close to Troutner Business Park, the Architectural Committee may restrict construction noise to six days a week --Monday through Saturday --between the hours of 7:30 a.m. and 6:00 p.m. In no event shall any site be left without winterization if the ground has been stripped of vegetation. All lots left vacant for three months or more shall be kept tilled or mowed to keep grass down, and kept free of trash and other unsightly materials. 4.4 Storage of Building Materials All building materials delivered but not installed shall be stored on site behind the "right of way" berms, out of sight of the street and, however possible, out of view from neighboring parcels. All such material shall be stored in such a way as to not be affected by rain or wind or vandalism. Troutner Business Park will not be responsible for any materials stolen from the site or damaged on the site. 4.5 Construction Vehicles All construction vehicles, including tradesmen's vehicles and personal cars, as well as delivery trucks, etc., shall be parked on site in such a way as to not interfere with the neighboring parcels or be unsightly from the street. In no event shall construction vehicles be parked on the street. Should the applicant require more parking space, he should make arrangements either outside of the Park or with a neighbor to handle such overflow. 4.6 Temporary Buildings and Toilets All temporary construction buildings and chemical toilets shall be placed in such a way as to not be seen from the TROUTNER BUSINESS PARK DESIGN STANDARDS - 11 d/realest/troutner.2st • street, wherever possible. Temporary structures and toilets shall be maintained in a neat, sanitary manner and the Architectural Committee recommends that some temporary landscaping be put around these facilities during construction so that they will not be unsightly to neighbors, visitors and sales prospects. 4.7 Cleanup The applicant shall maintain the construction site in a clean, sanitary and orderly manner. All wind-blown debris shall be secured every evening so it will not be blown from the property during the nighttime or on the weekends. The applicant shall pick up any debris that has blown to surrounding parcels or open space and shall do so immediately upon request of the Architectural Committee. The applicant shall maintain adequate dumpsters or garbage cans for the use of the tradesmen. Upon completion of the structures and site work, the applicant shall promptly remove all remaining construction materials, concrete rubble, unused plant materials and asphalt slag, etc., from the site within fifteen days. 4.8 Connection to Utilities All utility services to the site or to buildings on the site shall be underground. None of the utilities servicing the buildings shall be installed on the walls of the buildings or within visibility of surrounding parcels or the street. The only exception to this would be construction power which may be strung overhead but must be removed immediately upon the setting of the final electrical meter. TROUTNER BUSINESS PARK DESIGN STANDARDS - 12 d/realest/troutner.2st �1p�Y krh%h%f / A 0 • W. FRANKLIN ROAD X BARRETT STREET W. PENNpt)OD s1REET TROUTNER 131J51NE55 FARK LAND5CAFE GUIDELINE LANDSCAPE PLAN R oo �lZ. U 1111111 2222222 E E E E E E E H U iii i�i i�i mmmmmmm ww4rwwww mmmmmmm �r r�rcc NN NNNNN 0 (3) O • ttt SStSS ttStt SS EEEEEEEEEEEEEEE 444;04;b(nin�D:4-in .:b mm in min mmmtilm �mN—m —N TROUTNER BU51NE55 FARK LAND5GAf E GUIDELINE AL )OPM"7 A EE EEEEEEE in u1 in in in in in in in mmmmmmm iqm wwwwwww mmmmmmm r� rCccrrc (3) O • ttt SStSS ttStt SS EEEEEEEEEEEEEEE 444;04;b(nin�D:4-in .:b mm in min mmmtilm �mN—m —N TROUTNER BU51NE55 FARK LAND5GAf E GUIDELINE AL )OPM"7 A '/i3N %,3M4MN Is 0311V1dNn %3N413S'/AWjS `� 0311V1dN11 ■ 41 Rai x OX �< �; 191p.6 blasmn 2Ria -.41114 gd os= N rfY A MRADA1 N SO O OOH' [ .al P&F8j2g�62 ENS �O• 12 13 1/a 4 BASIS OF BEARING • N 90'00'00" E 2657.31' , C 3dZ70a C 0 '75115%2A W. FRANKLIN ROAD N 1 /16COR -A T.3N. 81 S.7 9EQ.41' s t. w s sv r S.1 S.10 > > 36270'LLI- �� t c s 6t 02 (D �M 8� i t " GP 9�3a3 PIP y of U N P L A T T E D @3 4.71 NW1/4 NE1/4 NE1/4 t �t �9 � ja �y - a M N aroma • N72Y x O $ © i W 274.70 FT O @ ! S N 0 t 4. 04 FT Wt 18 t $e t O - w$ a p 8 9 8 11 e zags rt 207.26 R ZoaDo 7t 3 JE las, amc Flr[ t t O t t $$f c� W FT Q277.21 `V e� t P Sy3 FT $320. �^ N MLW4. s N aroma • N72Y ** TX CONFIRMA REPORT ** DATE TIME TO/FROM 10 01/31 11:42 208 375 1994 Post it" Fax Note 7671 Date f- C1' pew► 3 To FY„n Co./DepL ^. CD. Phone !e Phone • F-# X75 - i99 y Fax# W.L'BILV GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: AS OF JAN 31 1011:44 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 01'29" 003 203 OK YASURE VALLEY Place to Live MERIDIAN iT IDAHO (, IDAHO 83642 FAX (208) 8874813 Depahntat (208) 887-2211 Motor VeWde/Drivers Lirxme (208) 8884443 ROBERT D. CORRIE Mayor To: Mayor & Council From: Bruce Freckleton, Assistant to City Shari Stiles, P&Z Administrator Re: TROUTNER PARK SUBDMSION (Final Plat - By James H. Ballantyne & Partners) O tNC M MAFAR WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P ft 2 OOMMISRION JIM JOHNSON, Chapman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 30, 1997 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. L'%0Nq=WPiytNliI"M%TR0lrN®LPP 6 MERIDIAN CITY COUNCIL MEETING: February 4 1997 APPLICANT: JIM BALLANTYNE ITEM NUMBER; 5 REQUEST: FINAL PLAT FOR TROUTNER BUSINESS PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ,, Q MERIDIAN POST OFFICE:'" ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS/ I NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS + SETTLERS IRRIGATION: ej4l IDAHO POWER: US WEST: G (" INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 CITY OF MERIDIAN RONALD R. TOLSMA C HALES M. GLENN R. BE TLEREE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887.4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor January 30, 1997 To: Mayor & Council From: Bruce Freckleton, Assistant to City,eer Shari Stiles, P&Z Administrator Re: TROUTNER PARK SUBDIVISION (Final Plat - By James H. Ballantyne & Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. 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 approval by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, prior to receiving development plan approval by the Public Works Department. 4. Developer has provided a statement indicating the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5. Submit letter from Nampa & Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. C: 0FRMWPWDAWPD0C3tntotmvatt. FP 0 Mayor and City Council January 30, 1997 Page 2 0 6. Developer shall be responsible for payment of assessment fees and meter costs associated with a single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. 7. Please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office prior to City Council action on this application. Prior to development plan approval, three copies of the revised plat must be received by the Public Works Department to review compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS 1. Indicate on the plat that building Lots 5-12, Block 1, are zoned L -O and that the remainder of the lots are zoned C -G and must meet all applicable zoning regulations as detailed in conditional use permits. 2. No development shall be allowed south of the Eight Mile Lateral until a secondary access is constructed into the development, either through the Fuller property or to the future Corporate Drive Extension. The secondary access shall be via an easement dedicated to the Ada County Highway District, if acceptabe, for public access or more preferably by fee simple deed to the Ada County Highway District for public right-of-way. The secondary access shall be improved to Ada County Highway District standards. 3. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 4. Provide 250 -watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. A letter of credit or approved surety will be required for streetlight installation prior to signature on the final plat. 5. A pedestrian walkway shall be designed and incorporated at Pennwood Street which will be owned and maintained by the business park association. 6. A detailed landscape plan for all common areas shall be submitted for approval. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. AATROUTNER.PP 0 Mayor and City Council January 30, 1997 Page 3 7. A development agreement is required as a condition of annexation. 8. Submit an executed license agreement with Nampa -Meridian Irrigation District for encroachment/roadway crossings prior to scheduling a pre -construction meeting for the development improvements. 9. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and other buffering of adjacent property. 10. All uses proposed for this plat are to be approved under the conditional use permit process for a planned development. 11. Delete Note 7. John Priester, the Ada County Surveyor, has recently indicated that it is not desirable to show temporary turnarounds on the plats, because it is then a dedicated public right-of-way that must later be vacated. Mr. Priester stated that the best solution to this is to record an instrument, either prior to or after plat recordation, providing an easement for this purpose. The document would have a provision that the easement would automatically be rescinded once the streets are able to go through. 12. Twenty -foot -wide planting strips are required to be placed adjacent to all residential properties in accordance with City Ordinance Section 11-9-605.G. A planting strip needs to be added on the easterly boundary of Lots 1, 2 and 3, Block 7. The planting strip shall not be a part of the normal street right-of-way or utility easements. This requirement has not previously been discussed. Staff would support inclusion of this planting strip for each individual lot under the conditional use permit, but a setback line should be indicated on the final plat. 13. Designate the entire Eight Mile Lateral easement, including the pump station, as a separate common lot to be owned and maintained by the business park association or Nampa - Meridian Irrigation District. Fencing needs to be provided on both sides of the easement prior to obtaining building permits. Due to the fact that Nampa -Meridian Irrigation District does not seem to care about the aesthetics of their laterals, ownership by the business park association would seem to be preferable. 14. Staff would like to set up a coordination meeting with the developer and his engineer to discuss various items on the plat that need clarification and/or revision. We believe these additional items can be handled at staff level without City Council's involvement. A:%TROLrFN R.FP OFFICIALS ' • WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 NUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 8874813 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 KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: _ January 28. 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road, W. of Meridian Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 _GREG OSLUND, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & 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(PRELI FINAL PLAT) BUREAU OF RECLAMATION LI AL PLAT) CITY FILES YOUR CONCISE DECEIVED JAN 9 1997 CITY OF 1MFRINAM WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 0 MERIDIAN SCHOOL DISTRICT HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R.TOLSMA C HARLES M. KEITH BORUP, P2 GLENN R. BENTLEYEE 33 EAST IDAHO NAMPA MERIDIAN IRRIGATION DISTRICT MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WATER DEPARTMENT GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor OTHER: I YOUR CONCISE REMARKS: 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: January 28, 1997 TRANSMITTAL DATE: 1/8/97 HEARING DATE: 2/4 /97 REQUEST: Final Plat for Troutner Business Park BY: Jim Ballantyne LOCATION OF PROPERTY OR PROJECT: S. of Franklin Road. W. of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLa.' JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH 11�q ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT I'C'Y O� iAERI014 t CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES FIRE DEPARTMENT OTHER: I YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY 5 r •4 •e. 4r -%'k si G ni s W + LA- A34;u CITY ENGINEER CITY PLANNER HAAS m f_ Trsr Q "rA) /Q R_d r Lft.V b1 S It 1 i L L .Q, •¢ 27 1'3.e- ✓ 5 -f -4x t o •e.. h 4t/e_ 6*%-r_Q A wiH,, IZ&V o Ab • CCCEN*rRAL CE •• DISTRICT PWHEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DEPAKITIENT Environmental Health Division Conditional _ Prelimin /Fin /Short Plat ��yrN �dJ/•✓c3S O�•�r/C Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. y` ❑ 2. We recommend Denial of this Proposal. J A N 1 5 l y ❑ 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 ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage e central water ❑ individual sewage ❑ individual water © 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: [$ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines i� central water 10. Street Runoff is not to create a mosquito breeding problem. 101W ❑ 12. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center I, r El beverage establishment El grocery store I5. W� RECD �yM�i.ln 5T0rZA .�/+nM (ZJnl oF� Fc.oLi /�J7b Date: WALE 6'F04E SCh iN a Reviewed By: - Sub Review Sheet OND 10/91 rcb, rev. 1/95 • IC � ti .. CENTRAL • • C DISTRICT P.. .10.83704 . (2M 375,5211 FAX -327.= DEPARTMENT MAW OFACE '107 N. a��TRONG To pneond and Groot di.'em and disabiffty. to promote healthy f� f0V1= and to protect and promote rhe health and Twffrp al our enoiiontttt�ent STORMWATER MANAGEMENT RECON04ENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 'I) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Ser M Valley, Mmom Boise. and Ada Counties Ado / kW Cash Af 6 10°� • M�don S E c� 1i 620E 8ft1 SbM f�lawra d Me P.O 80: 144 McCa1. Q 4 707 K M MQ R 1606 Aabefs Boeo. fD. A Mou+loi+Flon». D. t90 i 4fn Sbwt E Ma~ Hoar. O. � y4.7t44 8688. Q 63704 &Wim I Io 327-7499 80]06 c. 3043765 6700 Ph S�] WOl &%a ft Stimw faedr ft d 327.74M 324 Meriden. D. K 88665 5 - r.y...,�.,.w .. MTLSO 6364 SI&IVISION EVALUATION OEET Proposed Development Name TROUTNER BUSINESS PARK City Meridian Date Reviewed 01/16/97 Preliminary Stage Final XX Engineer/Developer Keller Associates / Jim Ballantyne The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the l2lat as: "W FRANKLIN ROAD" "W PENNWOOD STREET° "S.W. 3RD AVENUE" "S.W. 5TH AVENUE" 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 COMMITTEE, AG Y REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representative ate /—/4� - 97 -1%'N-ABJL Fire District Meridian Representative Date 1-17-97- NOTE: OTE: 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 IIII Subindex Street Index 3N/ 1W 13 Section NUMBERING OF LOTS AND BLOCKS TMSUBWM CITY.FRM 13 January 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE. Final Plat for TrouMer Business Park Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District's Eight -Mile Lateral courses through the middle of the project. The right-of-way of the Eight -Mile Lateral is 60 ft; 30 feet from the center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. A# laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466- 7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, /?2 Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln pc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 KxELLER ASSOCIATES, INC. TO: City of Meridian Mayor & Council FROM: Rod J. Linja, P.E.'(i� �I DATE: February 3, 1997 RE: Troutner Business Park Final Plat EMD FEB - 3 1997 CITY OF NERIDIN MEMORANDUM This Memo is in response to City of Meridian staff comments dated January 30, 1997. We have had the opportunity to meet with Shari Stiles and Bruce Freckleton to coordinate issues. This letter is written on behalf of Jim Ballantyne & Partners, and we are hopeful this response helps clarify issues about the Troutner Business Park. The format of this Memorandum follows the January 30, 1997 comment Memorandum numbering sequence. RESPONSE TO GENERAL COMMENTS 1. O.K. Except for the Eight -Mile Lateral, active ditches will be piped across the project. Final Improvement Plans have been submitted to the Nampa & Meridian Irrigation District (NMID) and we expect final comments and approval shortly. We have coordinated other private ditch improvements with adjacent property owners. 2. O.K., comment understood. If existing wells and/or septic systems are found during construction, appropriate measures will be taken. 3. O.K. During the preparation of our Improvement Plans, several holes were dug and monitoring wells installed. We also had a representative from Kleinfelder, Inc. (specializing in soils and geotechnical engineering) take soil samples. This data will be assethbled and submitted to the Public Works Department. 4. O.K. We have met with NMID representatives regarding their ownership, operation, and maintenance of the pressurized irrigation system. We formally requested this action in our December 31, 1996 letter to them with the Improvement Plans, and they have indicated their willingness to assume this responsibility. 5. O.K. We will provide NMID approval letter when we receive it. A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS KELLER ASSOCIATES, INC. 545 BENJAMIN LANE SUITE 185 BOISE, IDAHO 83704 / (209) 375-1992 Honorable Mayor & Council • • Troutner Business Park February 3, 1997 Page 2of3 6. Comment acknowledged. We are not requesting a single -point connection to the City of Meridian's water system. 7. O.K. This response Memo to the City comments is submitted today prior to the scheduled hearing. Also, we will submit three copies of the revised plat prior to Improvement Plan approval. RESPONSE TO SITE SPECIFIC COMMENTS 1. O.K. The L -O zoning for Lots 5-12, Block 1 and the remainder CO zoned lots will be indicated on the plat. 2. During the Preliminary Plat process, City staff provided comments dated July 3, 1996 that read, "The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Lateral". Since this time, construction phasing has changed due to interest and success related to the development of the lots. We are immediately providing two accesses to the Plat. To address the Fire Department concerns, we met with Kenny Bowers and Ray Voss to discuss alternatives. The agreed upon solution includes providing emergency access across Common Lot 10, Block 1. This lot will be landscaped and provide a concrete pedestrian/walkway path. A "grass-crete" landscaping feature will be constructed on both sides of the pathway providing a hard surface for Fire Department trucks. Further, we will construct bollards at each end of the lot to prevent direct public access. This provides a second access to the plat and also provides a secondary access to the neighboring residential subdivision. The access to Meridian Road through the Fuller Property easement would be constructed, if needed, during Phase 2 which is indicated on our Improvement Plans. This would provide a total of three accesses to the plat. Therefore we request that this comment simply be changed to the former comment that reads, "The Fire Department will require that two accesses to this development be constructed prior to obtaining building permits for any property south of the Eight Mile Later." 3. O.K. Comment understood regarding building permit issuance. 4. O.K. Comment acknowledged regarding street lights. 5. O.K. A pedestrian walkway has been designed and is shown on the Improvement Plans. This Common Lot will maintained by the business park association. 6. O.K. Detailed landscape plans for common areas will be submitted. KI Honorable Mayor & Council • Troutner Business Park February 3, 1997 Page 3 of 3 7. O.K. A Development Agreement has been submitted to the City. 8. O.K. We are in the process of developing a License Agreement with NMID. 9. O.K. Perimeter fencing will be constructed. 10. O.K. Comment understood regarding Conditional Use Permits for lot development. 11. O.K. Temporary turn -around easements will be removed from the plat. 12. O.K. A planting strip will be provided on the back side of Lots 1, 2, and 3, Block 3. After meeting with City staff, we agreed to show a 20 -foot landscape setback from the back lot line for the planting strip to be constructed at the time the lots are developed. 13. After meeting with City staff, it was agreed to strike this comment. We are providing the NMID a 60 -foot easement for the Eight Mile Lateral and are working on a License Agreement to provide landscaping in the easement area to be maintained by the business park association. The 60 -foot easement was shown on the approved Preliminary Plat. The Lateral will be fenced on both sides. The north fence will be on the easement line which also contains the canal maintenance road. The south fence will be at the top bank of the lateral and landscaping will be provided to the south. Therefore, the actual "working area" of the Lateral will be fenced and the remainder will be landscaped and maintained by the business park association. This should provide a positive solution and result in a long-term quality aesthetic solution. Lastly, the easement with NMID will prohibit any other permanent encroachments such as buildings within the easement. 14. O.K. Mike Ballantyne, Rod Linja, and Dave Hughes met with Shari Stiles and Bruce Freckleton last Friday, January 31, 1997 to discuss these items and plat items. Meridian City/Rural Fire 716 N. Meridian Meridian, ID 83642 February 3, 1997 Mr. Rod Linja Keller Associates, Inc. 545 Benjamin Lane, Suite 185 Boise, ID 83704 RE: Troutner Business Park Fire Department Review Dear Mr. Linja: This letter is in response to your request regarding design improvements for the Troutner Business Park. We have reviewed the design features that you have proposed, and this letter confirms our approval of the following items: 1. The "hammerhead" turn -around at the end of W. Pennwood Street and W. Barrett Street that will be constructed within the Troutner Business Park for service to the adjacent Franklin Square Subdivision. 2. The paved 50 -foot temporary turn -around at the south end of SW 5th Avenue and north end of SW 3rd Avenue. 3. The 40 -foot temporary turn -around that separates Phase 1 and Phase 2 construction. However, this turn -around must also be paved. 4. The secondary access through Common Lot 10, Block 1 that provides emergency access. This access addresses our concern regarding development south of the Eight Mile Lateral for Phase 1 as we discussed at a recent meeting. This alternative not only provides access to your proposed development, but also provides a secondary access to the "dead end" portion of the Franklin Square Subdivision. Your design must include bollards at each end of the access and must be 12 -feet wide with a concrete walkway centered about "grass- crete" landscaping material. Another access must be constructed as part of Phase 2 construction such as your design connection east to Meridian Road or other potential connections that could be part of other roadway improvements in the area. We hope this letter addresses the items you wanted clarification on, as well as for other agencies. Please call me at 888-1234 if you have any questions. Sincerely,`` '' �/. Y"," w ' �J Kenny W. Bowers Fire Chief, Meridian City/Rural Fire